ala document a101' -2007 - granicus

21
COlltra. No. 2088 AlA Document A 101'" - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 6th day of May in the year 2014 (in words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status. address and other information) City of Greenville 1500 Beatty St. Greenville, NC 27835 and the Contractor: (Name, legal status, address and other information) Owens Roofing, mc. 301 W. Cabarrus St. Raleigh, NC 27601 for the following Project: (Name, location and detailed description) City of Greenville Municipal Roof Replacment and Waterproofing Exterior Wals 201 W. 5th Street Greenville, NC 27858 Removal of existing roof and substrates down to roof deck and replacement with new roof, substrates, and insulation including parapet walls. The project also involves repair of alJ all cracks, chips, missing mortar, re-caulking, and cleaning existing exterior walls and application of wall sealer to the exterior walls as noted on the drawings. The Architect: (Name. legal status, address and other information) The East Group, PA 324 Evans Street Greenville, NC 27858 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. '"his document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document A201 TM_2007. 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. AlA Document A101 TN - 2007. Copyright © 1915,1918, 1925, 1937, 1951, 1958. 1961, 1963. 1967, 1974. 1977. 1987, 1991, 1997 and 2007 by The American Inlt. Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAIJ) Document, or any portion of It. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:55:43 on 05/09/2014 under Order No.8156695432_1 which expires on 12110/2014. and is notfor resale. User Notes: (1717717623) 1

Upload: others

Post on 14-May-2022

6 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: AlA Document A101' -2007 - Granicus

COlltra No 2088

AlA Document A101 - 2007 Standard Form ofAgreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AGREEMENT made as of the 6th day of May in the year 2014 (in words indicate day month and year)

BETWEEN the Owner (Name legal status address and other information)

City of Greenville 1500 Beatty St Greenville NC 27835

and the Contractor (Name legal status address and other information)

Owens Roofing mc 301 W Cabarrus St Raleigh NC 27601

for the following Project (Name location and detailed description)

City ofGreenville Municipal Roof Replacment and Waterproofing Exterior Wals 201 W 5th Street Greenville NC 27858 Removal of existing roof and substrates down to roof deck and replacement with new roof substrates and insulation including parapet walls The project also involves repair of alJ all cracks chips missing mortar re-caulking and cleaning existing exterior walls and application ofwall sealer to the exterior walls as noted on the drawings

The Architect (Name legal status address and other information)

The East Group PA 324 Evans Street Greenville NC 27858

The Owner and Contractor agree as follows

ADDITIONS AND DELETIONS The author of this document has added information needed for its completion The author may also have revised the text of the original AlA standard form An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text

his document has important legal consequences Consultation with an attorney is encouraged with respect to its completion or modification

AlA Document A201 TM_2007 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

AlA Document A101 TN - 2007 Copyright copy 19151918 1925 1937 1951 1958 1961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAreg Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AlAIJ) Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

1

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLEnON

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist ofthis Agreement Conditions of the Contract (General Supplementary and other Conditions) Drawings Specifications Addenda issued prior to execution ofthis Agreement other documents listed in this Agreement and Modifications issued after execution of this Agreement an of which form the Contract and are as fully a part ofthe 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 representations or agreements either written or oral An enumeration ofthe Contract Documents other than a Modification appears in Article 9

ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shaH fully execute the Work described in the Contract Documents except as specifically indicated in the Contract Documents to be the responsibility ofothers

ARTICLE 3 DATE OF COMMENOEMENT AND SUBSTANTIAL COMPLETION sect 31 The date ofcommencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner (Insert the date ofcommencement ifit differs from the date ofthis Agreement or ifapplicable state that the date will be fIXed in a notice to proceed)

The date ofcommencement shaH be fixed in a written Notice to Proceed

If prior to the commencement ofthe Work the Owner requires time to file mortgages and other security interests the Owners time requirement shall be as follows

sect 32 The Contract Time shal1 be measured from the date of commencement

sect 33 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty 120 ) consecutive calendar days from the date of commencement or as follows (Insert number ofcalendar days Alternatively a calendar date may be used when coordinated with the date of commencement Ifappropriate insert requirements for earlier Substantial Completion ofcertain portions ofthe Work)

AIADocumentA101trade-2007CopyrightCl19151918192519371951195819611963 196719741977198719911997and2007byThe American Init Institute of Architects All rights reserved WARNING This AlAmiddot Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution ofthls AlAmiddot Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 1211012014 and is notfor resale User Notes (1717717623)

2

(jrable tieleteti) subject to adjustments ofthis Contract Time as provided in the Contract Documents (Paragraph t1eleteti) The Owner has the right to withhold from compensation otherwise to be paid the amount of Three Hundred Dollars ($30000) per day that the work is not completed after the completion date defined above as liquidated damages reasonably determined to be incurred by the Owner as a result of such delay

ARTICLE 4 CONTRACT SUM sect 41 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractors performance ofthe Contract The Contract Sum shall be Four Hundred Four Thousand Eight Hundred Fifty-One Dollars and Zero Cents ($ 40485100) subject to additions and deductions as provided in the Contract Documents

sect 42 The Contract Sum is based upon the following alternates ifany which are described in the Contract Documents and are hereby accepted by the Owner (State the numbers or other itientification ofaccepteti alternates Ifthe bidding or proposal tiocuments permit the Owner to accept other alternates subsequent to the execution ofthis Agreement attach a schedule ofsuch other alternates showing the amount for each anti the tiate when that amount expires)

Alternate 1 Provide demolition of existing gravity vents and associated components $900000 and provide and instal1 new gravity vents with new roof curbs as noted on the drawings

Alternate 2 Provide new waH hydrant Hose Bib and connection to an existing $134000 diameter copper supply line located just below the mechanical penthouse in the 3rd floor ceiling see specifications 15140 Domestic Water Systems

Alternate 3 Provide new galvanized steeJ diamond plate covers attached to the existing $280000 grating at the rear ofthe building as noted on the drawings

Alternate 4 - Provide new galvanized pipe guard railing component system along top of $230000 Parapet as noted on the drawings

sect 43 Unit prices ifany (lt1entify anti state the unit price state quantity limitations ifany to which the unit price will be applicable)

Item Units and Limitations Price Per Unit ($000) Brick repointing Per LF $500

Limestone repointing Per LF $1000

Limestone crack repair PerLF $3000

sect 44 Allowances included in the Contract Sum ifany (lt1entify allowance anti state exclusions ifaV from the allowance price)

(fable t1eleteti)

Allowance NO1 Include $1200 for the abatement of approximately 4square feet of black mastic located at the elevator shaft wall containing 6 chrysotile asbestos fibers as noted in the asbestos testing report by WF Bulow Environmental Assistance dated 5812 included in these specifications Included in this allowance are taxes all misc materials and labor to abate the material

Allowance No2 Include $400 per 1000 for the purchase of brick Include taxes shipping all misc materials and labor to install brick in base bid

AlA Document A101trade-2007 Copyrightcopy191519181925193719511958 19611963196719741977 198719911997and2007 by The AmericanInlt Institute of Architects All rights reserved WARNING This AlAe Document is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AlA 11 Document or any portion of it may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 1211012014 and is notfor resale User Notes (1717717623)

3

Allowance NO3 Include 5600 LF of Brick Repointing Include taxes misc materials and labor to repoint brick in base bid

Allowance No4 Include 600 LF of Stone Repointing Include taxes misc materials and labor to repaint Stone in base bid

Allowance NO5 Include 500 LF of limestone crack repair with Epoxy Limestone Resin Include taxes misc materials and labor to repair Limestone cracks in base bid

ARTICLE 5 PAYMENTS sect 51 PROGRESS PAYMENTS sect 511 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 ofthe Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents

sect 512 The period covered by each Application for Payment shaH be one calendar month ending on the last day of the month or as follows

The Twenty-Fifth (25th) day ofeach month

sect 513 Provided that an Application for Payment is received by the Architect not later than the 25th day ofa month the Owner shaH make payment of the certified amount to the Contractor not later than the 25 th day of the following month ff an Application for Payment is received by the Architect after the application date fixed above payment shaH be made by the Owner not later than Sixty (60 ) days after the Architect receives the Application for Payment (Federal state or loealaws may require payment within a certain period oftime)

sect 514 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents The schedule ofvalues shaH allocate the entire Contract Sum among the various portions of the Work The schedule ofvalues shall 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 shaH be used as a basis for reviewing the Contractors Applications for Payment

sect 515 Applications for Payment shaH show the percentage ofcompletion ofeach portion of the Work as of the end ofthe period covered by the Application for Payment

sect 516 Subject to other provisions ofthe Contract Documents the amount of each progress payment shan be computed as follows (Paragraphs deleted)

Retainage shall be withheld from each progress payment in accordance with the provisions ofNorth Carolina General Statute 143-1341 and as follows

- An amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment unti150 ofthe work is completed The Owner shall retain the amounts deducted from a progress payment until final payment is to be made in accordance with the provisions ofthis Agreement

sect 517 The progress payment amount determined in accordance with Section 516 shaH be further modified under the following circumstances

1 Add upon Substantial Completion ofthe Work a sum sufficient to increase the total payments to the full amount of the Contract Sum less such amounts as the Architect shaH determine for incomplete Work retainage applicable to such work and unsettled claims and (Section 985 ofALA Document A201-2007 requires release ofapplicable retainage upon Substantial Completion ofWork with consent ofsurety ifany)

AlA Document A101trade - 2007 Copyright1915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977198719911997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAfI) Document Is protected by US Copyright Law and Intemational Treaties Unauthorized

reproduction or distribution of this AlAfI) Document or any portion of it may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121102014 and Is not for resale User Notes (1717717623)

4

2 Add if final completion of the Work is thereafter materially delayed through no fault ofthe Contractor any additiona1 amounts payable in accordance with Section 9103 of AlA Document A201-2007

sect 518 Reduction or limitation ofretainage ifany shaH be as follows (If it is intended prior to Substantial Completion ofthe entire Work to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5161 and 5162 above and this is not explained elsewhere in the Contract Documents insert here provisions for such reduction or limitation)

Upon 50 completion ofthe work ifthe Owner determines that the Contractors performance is unsatisfactory an amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment Upon 50 completion ofthe work if the Owner determines that the Contractors performance is satisfactory an amount no greater than 5 ofa progress payment to be made in accordance with the provisions ofthis Agreement win be deducted and retained from each progress payment provided that the sum ofthe amounts deducted and retained from all progress payments made is no greater than 25 of the sum of the amounts of the progress payments made The Owner shall retain the amounts deducted from a progress payment unti1 tina] payment is to be made in accordance with the provisions ofthis Agreement

sect 519 Except with the Owners prior approval the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site

sect 52 FINAL PAYMENT sect 521 Final payment constituting the entire unpaid balance ofthe Contract Sum shall be made by the Owner to the Contractor when

1 the Contractor has fully performed the Contract except for the Contractors responsibility to correct Work as provided in Section 1222 of AlA Document A201-2007 and to satisfY other requirements ifany which extend beyond final payment and

2 a final Certificate for Payment has been issued by the Architect

sect 522 The Owners final payment to the Contractor shall be made no later than 30 days after the issuance ofthe Architects final Certificate for Payment or as follows

ARTICLE 6 DISPUTE RESOLUTION sect 61 INITIAL DEOISION MAKER The Architect will serve as loitial Decision Maker pursuantto Section 152 of AlA Document A201-2007 unless the parties appoint below another individual not a party to this Agreement to serve as Initial Decision Maker (If the parties mutually agree insert the name address and other contact information ofthe Initial Decision Maker iother than the Architect)

sect 62 BINDING DISPUTE RESOLUTION For any Claim subject to but not resolved by mediation pursuant to Section 153 of AlA Document A201-2007 the method ofbinding dispute resolution shal1 be as follows (Check the appropriate box Ifthe Owner and Contractor do not select a method ofbinding dispute resolution below or do not subsequently agree in writing to a binding dispute resolution method other than litigation Claims will be resolved by litigation in a court ofcompetent jurisdiction)

[] Arbitration pursuant to Section 154 of AlA Document A20t-2007

[ -V] Litigation in a court ofcompetent jurisdiction

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961196319671974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAmiddot Document is protected by US Copyright Law and Intematlonal Treaties Unauthorized

reproduction or distribution ofthis AJAmiddot Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 12102014 and is not for resale User Notes (1717717623)

5

[] Other (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION sect 71 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-2007

sect 72 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-2007

ARTICLE 8 MISCELLANEOUS PROVISIONS sect 81 Where reference is made in this Agreement to a provision ofAlA Document A201-2007 or another Contract Document the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents

sect 82 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 Project is located (lnsert rate ofinterest agreed upon ifany)

sect 83 The Owners representative (Name address and other information)

Devin Thompson Building amp Grounds Supervisor City of Greenville L500 Beatty Street Greenville NC 27858

sect 84 The Contractors representative (Name address and other information)

Bert Owens 301 W Cabarrus St Raleigh NC 27601

sect 85 Neither the Owners nor the Contractors representative shall be changed without ten days written notice to the other party

sect 86 Other provisions

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS sect 91 The Contract Documents except for Modifications issued after execution ofthis Agreement are enumerated in the sections below

AlA Document A101trade - 2007 Copyrightcopy 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIA8 Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this A1Areg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 165543 on 051092014 under Order NO8156695432_1 which expires on 121102014 and is not for resale User Notes (1717717623)

6

sect 911 The Agreement is this executed AlA Document Al 01-2007 Standard Form of Agreement Between Owner and Contractor

sect 912 The General Conditions are AlA Document A20 1-2007 General Conditions ofthe Contract for Construction

sect 913 The Supplementary and other Conditions ofthe Contract

Document Title Date Pages 00938 Supplementary Conditions to General Conditions ofthe Contract 3-18-14 6

for Construction AlA Document A201 - 1997 Edition

sect 914 The Specifications (Either list the Specifications here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit A

(Table deleted) sect 915 The Drawings (Either list the Drawings here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit B

(Table deleted) sect 916 The Addenda if any

Number Date Pages Addendum I 4-9-14 15

Addendwn 2 4-10-14 3

Addendwn 3 4-11-14 11

Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9

sect 917 Additional documents ifany forming part of the Contract Documents

1 AlA Document E201TM-2007 Digita) Data Protocol Exhibit ifcompleted by the parties or the following

2 Other documents if any listed below (List here any additional documents that are intended to form part ofthe Contract Documents AlA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders sample forms and the Contractors bid are not part ofthe Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part ofthe Contract Documents)

E-Verify Compliance document Exhibit C

Approved as to form pre-audit certification Exhibit D

ARTICLE 10 INSURANCE AND BONDS The Contractor shan purchase and maintain insurance and provide bonds as set forth in Article ) I of AlA Document A201-2007 and as follows (State bonding requirements ifany and limits ofliabilityfor insurance required in Article I I ofAlA Document A201-2007)

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAreg Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AJAreg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent poslible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121012014 and is not for resale User Notes (1717717623)

7

Exhlbit A CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT ampWATERPROOFING EXTERIOR WALLS

BIDDING DOCUMENTS 00100 Invitation to Bid 00101 Advertisement for Bids 00201 City of Greenville MBE-WBE Plan 00215 Document Clarification Request (DCR) 00231 Product Substitutions During Bid 00400 Form of Single Prime Contract Proposal 00401 Reference Information 00402 MWBE-Forms City of Greenville 00403 E Verify Affidavit

CONTRACT DOCUMENTS 00797 AlA Referenced Documents 00938 Supplementary Conditions

DIVISION 1 bull GENERAL REQUIREMENTS 01110 Summary of Work 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01315 Project Meetings 01330 Submittal Procedures 01400 Quality Requtrements 01420 References 01500 Temporary Facifities and Controls 01600 Product Requirements 01631 Product Substitutions 01700 Execution Requirements 01731 Cutting and Patching 01732 Selective Demolition 01770 Closeout Procedures 01788 Warranties and Bonds

DIVISION 2 - SITE CONSTRUCTION

DIVISION 3 bull CONCRETE 03300 Cast-in-place Concrete

DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies 04905 Masonry Cleaning 04915 Brick Masonry Repair 04916 Brick Masonry Repainting 04924 Limestone Epoxy Crack Repair 04925 Stone Repair 04926 Stone Repainting

March 18 2014 Exhibit A Specifications Table of Contents Project No 20110015 Page 1

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 2: AlA Document A101' -2007 - Granicus

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLEnON

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist ofthis Agreement Conditions of the Contract (General Supplementary and other Conditions) Drawings Specifications Addenda issued prior to execution ofthis Agreement other documents listed in this Agreement and Modifications issued after execution of this Agreement an of which form the Contract and are as fully a part ofthe 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 representations or agreements either written or oral An enumeration ofthe Contract Documents other than a Modification appears in Article 9

ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shaH fully execute the Work described in the Contract Documents except as specifically indicated in the Contract Documents to be the responsibility ofothers

ARTICLE 3 DATE OF COMMENOEMENT AND SUBSTANTIAL COMPLETION sect 31 The date ofcommencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner (Insert the date ofcommencement ifit differs from the date ofthis Agreement or ifapplicable state that the date will be fIXed in a notice to proceed)

The date ofcommencement shaH be fixed in a written Notice to Proceed

If prior to the commencement ofthe Work the Owner requires time to file mortgages and other security interests the Owners time requirement shall be as follows

sect 32 The Contract Time shal1 be measured from the date of commencement

sect 33 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty 120 ) consecutive calendar days from the date of commencement or as follows (Insert number ofcalendar days Alternatively a calendar date may be used when coordinated with the date of commencement Ifappropriate insert requirements for earlier Substantial Completion ofcertain portions ofthe Work)

AIADocumentA101trade-2007CopyrightCl19151918192519371951195819611963 196719741977198719911997and2007byThe American Init Institute of Architects All rights reserved WARNING This AlAmiddot Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution ofthls AlAmiddot Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 1211012014 and is notfor resale User Notes (1717717623)

2

(jrable tieleteti) subject to adjustments ofthis Contract Time as provided in the Contract Documents (Paragraph t1eleteti) The Owner has the right to withhold from compensation otherwise to be paid the amount of Three Hundred Dollars ($30000) per day that the work is not completed after the completion date defined above as liquidated damages reasonably determined to be incurred by the Owner as a result of such delay

ARTICLE 4 CONTRACT SUM sect 41 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractors performance ofthe Contract The Contract Sum shall be Four Hundred Four Thousand Eight Hundred Fifty-One Dollars and Zero Cents ($ 40485100) subject to additions and deductions as provided in the Contract Documents

sect 42 The Contract Sum is based upon the following alternates ifany which are described in the Contract Documents and are hereby accepted by the Owner (State the numbers or other itientification ofaccepteti alternates Ifthe bidding or proposal tiocuments permit the Owner to accept other alternates subsequent to the execution ofthis Agreement attach a schedule ofsuch other alternates showing the amount for each anti the tiate when that amount expires)

Alternate 1 Provide demolition of existing gravity vents and associated components $900000 and provide and instal1 new gravity vents with new roof curbs as noted on the drawings

Alternate 2 Provide new waH hydrant Hose Bib and connection to an existing $134000 diameter copper supply line located just below the mechanical penthouse in the 3rd floor ceiling see specifications 15140 Domestic Water Systems

Alternate 3 Provide new galvanized steeJ diamond plate covers attached to the existing $280000 grating at the rear ofthe building as noted on the drawings

Alternate 4 - Provide new galvanized pipe guard railing component system along top of $230000 Parapet as noted on the drawings

sect 43 Unit prices ifany (lt1entify anti state the unit price state quantity limitations ifany to which the unit price will be applicable)

Item Units and Limitations Price Per Unit ($000) Brick repointing Per LF $500

Limestone repointing Per LF $1000

Limestone crack repair PerLF $3000

sect 44 Allowances included in the Contract Sum ifany (lt1entify allowance anti state exclusions ifaV from the allowance price)

(fable t1eleteti)

Allowance NO1 Include $1200 for the abatement of approximately 4square feet of black mastic located at the elevator shaft wall containing 6 chrysotile asbestos fibers as noted in the asbestos testing report by WF Bulow Environmental Assistance dated 5812 included in these specifications Included in this allowance are taxes all misc materials and labor to abate the material

Allowance No2 Include $400 per 1000 for the purchase of brick Include taxes shipping all misc materials and labor to install brick in base bid

AlA Document A101trade-2007 Copyrightcopy191519181925193719511958 19611963196719741977 198719911997and2007 by The AmericanInlt Institute of Architects All rights reserved WARNING This AlAe Document is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AlA 11 Document or any portion of it may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 1211012014 and is notfor resale User Notes (1717717623)

3

Allowance NO3 Include 5600 LF of Brick Repointing Include taxes misc materials and labor to repoint brick in base bid

Allowance No4 Include 600 LF of Stone Repointing Include taxes misc materials and labor to repaint Stone in base bid

Allowance NO5 Include 500 LF of limestone crack repair with Epoxy Limestone Resin Include taxes misc materials and labor to repair Limestone cracks in base bid

ARTICLE 5 PAYMENTS sect 51 PROGRESS PAYMENTS sect 511 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 ofthe Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents

sect 512 The period covered by each Application for Payment shaH be one calendar month ending on the last day of the month or as follows

The Twenty-Fifth (25th) day ofeach month

sect 513 Provided that an Application for Payment is received by the Architect not later than the 25th day ofa month the Owner shaH make payment of the certified amount to the Contractor not later than the 25 th day of the following month ff an Application for Payment is received by the Architect after the application date fixed above payment shaH be made by the Owner not later than Sixty (60 ) days after the Architect receives the Application for Payment (Federal state or loealaws may require payment within a certain period oftime)

sect 514 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents The schedule ofvalues shaH allocate the entire Contract Sum among the various portions of the Work The schedule ofvalues shall 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 shaH be used as a basis for reviewing the Contractors Applications for Payment

sect 515 Applications for Payment shaH show the percentage ofcompletion ofeach portion of the Work as of the end ofthe period covered by the Application for Payment

sect 516 Subject to other provisions ofthe Contract Documents the amount of each progress payment shan be computed as follows (Paragraphs deleted)

Retainage shall be withheld from each progress payment in accordance with the provisions ofNorth Carolina General Statute 143-1341 and as follows

- An amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment unti150 ofthe work is completed The Owner shall retain the amounts deducted from a progress payment until final payment is to be made in accordance with the provisions ofthis Agreement

sect 517 The progress payment amount determined in accordance with Section 516 shaH be further modified under the following circumstances

1 Add upon Substantial Completion ofthe Work a sum sufficient to increase the total payments to the full amount of the Contract Sum less such amounts as the Architect shaH determine for incomplete Work retainage applicable to such work and unsettled claims and (Section 985 ofALA Document A201-2007 requires release ofapplicable retainage upon Substantial Completion ofWork with consent ofsurety ifany)

AlA Document A101trade - 2007 Copyright1915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977198719911997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAfI) Document Is protected by US Copyright Law and Intemational Treaties Unauthorized

reproduction or distribution of this AlAfI) Document or any portion of it may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121102014 and Is not for resale User Notes (1717717623)

4

2 Add if final completion of the Work is thereafter materially delayed through no fault ofthe Contractor any additiona1 amounts payable in accordance with Section 9103 of AlA Document A201-2007

sect 518 Reduction or limitation ofretainage ifany shaH be as follows (If it is intended prior to Substantial Completion ofthe entire Work to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5161 and 5162 above and this is not explained elsewhere in the Contract Documents insert here provisions for such reduction or limitation)

Upon 50 completion ofthe work ifthe Owner determines that the Contractors performance is unsatisfactory an amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment Upon 50 completion ofthe work if the Owner determines that the Contractors performance is satisfactory an amount no greater than 5 ofa progress payment to be made in accordance with the provisions ofthis Agreement win be deducted and retained from each progress payment provided that the sum ofthe amounts deducted and retained from all progress payments made is no greater than 25 of the sum of the amounts of the progress payments made The Owner shall retain the amounts deducted from a progress payment unti1 tina] payment is to be made in accordance with the provisions ofthis Agreement

sect 519 Except with the Owners prior approval the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site

sect 52 FINAL PAYMENT sect 521 Final payment constituting the entire unpaid balance ofthe Contract Sum shall be made by the Owner to the Contractor when

1 the Contractor has fully performed the Contract except for the Contractors responsibility to correct Work as provided in Section 1222 of AlA Document A201-2007 and to satisfY other requirements ifany which extend beyond final payment and

2 a final Certificate for Payment has been issued by the Architect

sect 522 The Owners final payment to the Contractor shall be made no later than 30 days after the issuance ofthe Architects final Certificate for Payment or as follows

ARTICLE 6 DISPUTE RESOLUTION sect 61 INITIAL DEOISION MAKER The Architect will serve as loitial Decision Maker pursuantto Section 152 of AlA Document A201-2007 unless the parties appoint below another individual not a party to this Agreement to serve as Initial Decision Maker (If the parties mutually agree insert the name address and other contact information ofthe Initial Decision Maker iother than the Architect)

sect 62 BINDING DISPUTE RESOLUTION For any Claim subject to but not resolved by mediation pursuant to Section 153 of AlA Document A201-2007 the method ofbinding dispute resolution shal1 be as follows (Check the appropriate box Ifthe Owner and Contractor do not select a method ofbinding dispute resolution below or do not subsequently agree in writing to a binding dispute resolution method other than litigation Claims will be resolved by litigation in a court ofcompetent jurisdiction)

[] Arbitration pursuant to Section 154 of AlA Document A20t-2007

[ -V] Litigation in a court ofcompetent jurisdiction

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961196319671974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAmiddot Document is protected by US Copyright Law and Intematlonal Treaties Unauthorized

reproduction or distribution ofthis AJAmiddot Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 12102014 and is not for resale User Notes (1717717623)

5

[] Other (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION sect 71 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-2007

sect 72 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-2007

ARTICLE 8 MISCELLANEOUS PROVISIONS sect 81 Where reference is made in this Agreement to a provision ofAlA Document A201-2007 or another Contract Document the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents

sect 82 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 Project is located (lnsert rate ofinterest agreed upon ifany)

sect 83 The Owners representative (Name address and other information)

Devin Thompson Building amp Grounds Supervisor City of Greenville L500 Beatty Street Greenville NC 27858

sect 84 The Contractors representative (Name address and other information)

Bert Owens 301 W Cabarrus St Raleigh NC 27601

sect 85 Neither the Owners nor the Contractors representative shall be changed without ten days written notice to the other party

sect 86 Other provisions

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS sect 91 The Contract Documents except for Modifications issued after execution ofthis Agreement are enumerated in the sections below

AlA Document A101trade - 2007 Copyrightcopy 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIA8 Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this A1Areg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 165543 on 051092014 under Order NO8156695432_1 which expires on 121102014 and is not for resale User Notes (1717717623)

6

sect 911 The Agreement is this executed AlA Document Al 01-2007 Standard Form of Agreement Between Owner and Contractor

sect 912 The General Conditions are AlA Document A20 1-2007 General Conditions ofthe Contract for Construction

sect 913 The Supplementary and other Conditions ofthe Contract

Document Title Date Pages 00938 Supplementary Conditions to General Conditions ofthe Contract 3-18-14 6

for Construction AlA Document A201 - 1997 Edition

sect 914 The Specifications (Either list the Specifications here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit A

(Table deleted) sect 915 The Drawings (Either list the Drawings here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit B

(Table deleted) sect 916 The Addenda if any

Number Date Pages Addendum I 4-9-14 15

Addendwn 2 4-10-14 3

Addendwn 3 4-11-14 11

Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9

sect 917 Additional documents ifany forming part of the Contract Documents

1 AlA Document E201TM-2007 Digita) Data Protocol Exhibit ifcompleted by the parties or the following

2 Other documents if any listed below (List here any additional documents that are intended to form part ofthe Contract Documents AlA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders sample forms and the Contractors bid are not part ofthe Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part ofthe Contract Documents)

E-Verify Compliance document Exhibit C

Approved as to form pre-audit certification Exhibit D

ARTICLE 10 INSURANCE AND BONDS The Contractor shan purchase and maintain insurance and provide bonds as set forth in Article ) I of AlA Document A201-2007 and as follows (State bonding requirements ifany and limits ofliabilityfor insurance required in Article I I ofAlA Document A201-2007)

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAreg Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AJAreg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent poslible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121012014 and is not for resale User Notes (1717717623)

7

Exhlbit A CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT ampWATERPROOFING EXTERIOR WALLS

BIDDING DOCUMENTS 00100 Invitation to Bid 00101 Advertisement for Bids 00201 City of Greenville MBE-WBE Plan 00215 Document Clarification Request (DCR) 00231 Product Substitutions During Bid 00400 Form of Single Prime Contract Proposal 00401 Reference Information 00402 MWBE-Forms City of Greenville 00403 E Verify Affidavit

CONTRACT DOCUMENTS 00797 AlA Referenced Documents 00938 Supplementary Conditions

DIVISION 1 bull GENERAL REQUIREMENTS 01110 Summary of Work 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01315 Project Meetings 01330 Submittal Procedures 01400 Quality Requtrements 01420 References 01500 Temporary Facifities and Controls 01600 Product Requirements 01631 Product Substitutions 01700 Execution Requirements 01731 Cutting and Patching 01732 Selective Demolition 01770 Closeout Procedures 01788 Warranties and Bonds

DIVISION 2 - SITE CONSTRUCTION

DIVISION 3 bull CONCRETE 03300 Cast-in-place Concrete

DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies 04905 Masonry Cleaning 04915 Brick Masonry Repair 04916 Brick Masonry Repainting 04924 Limestone Epoxy Crack Repair 04925 Stone Repair 04926 Stone Repainting

March 18 2014 Exhibit A Specifications Table of Contents Project No 20110015 Page 1

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 3: AlA Document A101' -2007 - Granicus

(jrable tieleteti) subject to adjustments ofthis Contract Time as provided in the Contract Documents (Paragraph t1eleteti) The Owner has the right to withhold from compensation otherwise to be paid the amount of Three Hundred Dollars ($30000) per day that the work is not completed after the completion date defined above as liquidated damages reasonably determined to be incurred by the Owner as a result of such delay

ARTICLE 4 CONTRACT SUM sect 41 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractors performance ofthe Contract The Contract Sum shall be Four Hundred Four Thousand Eight Hundred Fifty-One Dollars and Zero Cents ($ 40485100) subject to additions and deductions as provided in the Contract Documents

sect 42 The Contract Sum is based upon the following alternates ifany which are described in the Contract Documents and are hereby accepted by the Owner (State the numbers or other itientification ofaccepteti alternates Ifthe bidding or proposal tiocuments permit the Owner to accept other alternates subsequent to the execution ofthis Agreement attach a schedule ofsuch other alternates showing the amount for each anti the tiate when that amount expires)

Alternate 1 Provide demolition of existing gravity vents and associated components $900000 and provide and instal1 new gravity vents with new roof curbs as noted on the drawings

Alternate 2 Provide new waH hydrant Hose Bib and connection to an existing $134000 diameter copper supply line located just below the mechanical penthouse in the 3rd floor ceiling see specifications 15140 Domestic Water Systems

Alternate 3 Provide new galvanized steeJ diamond plate covers attached to the existing $280000 grating at the rear ofthe building as noted on the drawings

Alternate 4 - Provide new galvanized pipe guard railing component system along top of $230000 Parapet as noted on the drawings

sect 43 Unit prices ifany (lt1entify anti state the unit price state quantity limitations ifany to which the unit price will be applicable)

Item Units and Limitations Price Per Unit ($000) Brick repointing Per LF $500

Limestone repointing Per LF $1000

Limestone crack repair PerLF $3000

sect 44 Allowances included in the Contract Sum ifany (lt1entify allowance anti state exclusions ifaV from the allowance price)

(fable t1eleteti)

Allowance NO1 Include $1200 for the abatement of approximately 4square feet of black mastic located at the elevator shaft wall containing 6 chrysotile asbestos fibers as noted in the asbestos testing report by WF Bulow Environmental Assistance dated 5812 included in these specifications Included in this allowance are taxes all misc materials and labor to abate the material

Allowance No2 Include $400 per 1000 for the purchase of brick Include taxes shipping all misc materials and labor to install brick in base bid

AlA Document A101trade-2007 Copyrightcopy191519181925193719511958 19611963196719741977 198719911997and2007 by The AmericanInlt Institute of Architects All rights reserved WARNING This AlAe Document is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AlA 11 Document or any portion of it may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 1211012014 and is notfor resale User Notes (1717717623)

3

Allowance NO3 Include 5600 LF of Brick Repointing Include taxes misc materials and labor to repoint brick in base bid

Allowance No4 Include 600 LF of Stone Repointing Include taxes misc materials and labor to repaint Stone in base bid

Allowance NO5 Include 500 LF of limestone crack repair with Epoxy Limestone Resin Include taxes misc materials and labor to repair Limestone cracks in base bid

ARTICLE 5 PAYMENTS sect 51 PROGRESS PAYMENTS sect 511 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 ofthe Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents

sect 512 The period covered by each Application for Payment shaH be one calendar month ending on the last day of the month or as follows

The Twenty-Fifth (25th) day ofeach month

sect 513 Provided that an Application for Payment is received by the Architect not later than the 25th day ofa month the Owner shaH make payment of the certified amount to the Contractor not later than the 25 th day of the following month ff an Application for Payment is received by the Architect after the application date fixed above payment shaH be made by the Owner not later than Sixty (60 ) days after the Architect receives the Application for Payment (Federal state or loealaws may require payment within a certain period oftime)

sect 514 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents The schedule ofvalues shaH allocate the entire Contract Sum among the various portions of the Work The schedule ofvalues shall 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 shaH be used as a basis for reviewing the Contractors Applications for Payment

sect 515 Applications for Payment shaH show the percentage ofcompletion ofeach portion of the Work as of the end ofthe period covered by the Application for Payment

sect 516 Subject to other provisions ofthe Contract Documents the amount of each progress payment shan be computed as follows (Paragraphs deleted)

Retainage shall be withheld from each progress payment in accordance with the provisions ofNorth Carolina General Statute 143-1341 and as follows

- An amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment unti150 ofthe work is completed The Owner shall retain the amounts deducted from a progress payment until final payment is to be made in accordance with the provisions ofthis Agreement

sect 517 The progress payment amount determined in accordance with Section 516 shaH be further modified under the following circumstances

1 Add upon Substantial Completion ofthe Work a sum sufficient to increase the total payments to the full amount of the Contract Sum less such amounts as the Architect shaH determine for incomplete Work retainage applicable to such work and unsettled claims and (Section 985 ofALA Document A201-2007 requires release ofapplicable retainage upon Substantial Completion ofWork with consent ofsurety ifany)

AlA Document A101trade - 2007 Copyright1915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977198719911997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAfI) Document Is protected by US Copyright Law and Intemational Treaties Unauthorized

reproduction or distribution of this AlAfI) Document or any portion of it may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121102014 and Is not for resale User Notes (1717717623)

4

2 Add if final completion of the Work is thereafter materially delayed through no fault ofthe Contractor any additiona1 amounts payable in accordance with Section 9103 of AlA Document A201-2007

sect 518 Reduction or limitation ofretainage ifany shaH be as follows (If it is intended prior to Substantial Completion ofthe entire Work to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5161 and 5162 above and this is not explained elsewhere in the Contract Documents insert here provisions for such reduction or limitation)

Upon 50 completion ofthe work ifthe Owner determines that the Contractors performance is unsatisfactory an amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment Upon 50 completion ofthe work if the Owner determines that the Contractors performance is satisfactory an amount no greater than 5 ofa progress payment to be made in accordance with the provisions ofthis Agreement win be deducted and retained from each progress payment provided that the sum ofthe amounts deducted and retained from all progress payments made is no greater than 25 of the sum of the amounts of the progress payments made The Owner shall retain the amounts deducted from a progress payment unti1 tina] payment is to be made in accordance with the provisions ofthis Agreement

sect 519 Except with the Owners prior approval the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site

sect 52 FINAL PAYMENT sect 521 Final payment constituting the entire unpaid balance ofthe Contract Sum shall be made by the Owner to the Contractor when

1 the Contractor has fully performed the Contract except for the Contractors responsibility to correct Work as provided in Section 1222 of AlA Document A201-2007 and to satisfY other requirements ifany which extend beyond final payment and

2 a final Certificate for Payment has been issued by the Architect

sect 522 The Owners final payment to the Contractor shall be made no later than 30 days after the issuance ofthe Architects final Certificate for Payment or as follows

ARTICLE 6 DISPUTE RESOLUTION sect 61 INITIAL DEOISION MAKER The Architect will serve as loitial Decision Maker pursuantto Section 152 of AlA Document A201-2007 unless the parties appoint below another individual not a party to this Agreement to serve as Initial Decision Maker (If the parties mutually agree insert the name address and other contact information ofthe Initial Decision Maker iother than the Architect)

sect 62 BINDING DISPUTE RESOLUTION For any Claim subject to but not resolved by mediation pursuant to Section 153 of AlA Document A201-2007 the method ofbinding dispute resolution shal1 be as follows (Check the appropriate box Ifthe Owner and Contractor do not select a method ofbinding dispute resolution below or do not subsequently agree in writing to a binding dispute resolution method other than litigation Claims will be resolved by litigation in a court ofcompetent jurisdiction)

[] Arbitration pursuant to Section 154 of AlA Document A20t-2007

[ -V] Litigation in a court ofcompetent jurisdiction

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961196319671974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAmiddot Document is protected by US Copyright Law and Intematlonal Treaties Unauthorized

reproduction or distribution ofthis AJAmiddot Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 12102014 and is not for resale User Notes (1717717623)

5

[] Other (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION sect 71 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-2007

sect 72 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-2007

ARTICLE 8 MISCELLANEOUS PROVISIONS sect 81 Where reference is made in this Agreement to a provision ofAlA Document A201-2007 or another Contract Document the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents

sect 82 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 Project is located (lnsert rate ofinterest agreed upon ifany)

sect 83 The Owners representative (Name address and other information)

Devin Thompson Building amp Grounds Supervisor City of Greenville L500 Beatty Street Greenville NC 27858

sect 84 The Contractors representative (Name address and other information)

Bert Owens 301 W Cabarrus St Raleigh NC 27601

sect 85 Neither the Owners nor the Contractors representative shall be changed without ten days written notice to the other party

sect 86 Other provisions

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS sect 91 The Contract Documents except for Modifications issued after execution ofthis Agreement are enumerated in the sections below

AlA Document A101trade - 2007 Copyrightcopy 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIA8 Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this A1Areg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 165543 on 051092014 under Order NO8156695432_1 which expires on 121102014 and is not for resale User Notes (1717717623)

6

sect 911 The Agreement is this executed AlA Document Al 01-2007 Standard Form of Agreement Between Owner and Contractor

sect 912 The General Conditions are AlA Document A20 1-2007 General Conditions ofthe Contract for Construction

sect 913 The Supplementary and other Conditions ofthe Contract

Document Title Date Pages 00938 Supplementary Conditions to General Conditions ofthe Contract 3-18-14 6

for Construction AlA Document A201 - 1997 Edition

sect 914 The Specifications (Either list the Specifications here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit A

(Table deleted) sect 915 The Drawings (Either list the Drawings here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit B

(Table deleted) sect 916 The Addenda if any

Number Date Pages Addendum I 4-9-14 15

Addendwn 2 4-10-14 3

Addendwn 3 4-11-14 11

Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9

sect 917 Additional documents ifany forming part of the Contract Documents

1 AlA Document E201TM-2007 Digita) Data Protocol Exhibit ifcompleted by the parties or the following

2 Other documents if any listed below (List here any additional documents that are intended to form part ofthe Contract Documents AlA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders sample forms and the Contractors bid are not part ofthe Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part ofthe Contract Documents)

E-Verify Compliance document Exhibit C

Approved as to form pre-audit certification Exhibit D

ARTICLE 10 INSURANCE AND BONDS The Contractor shan purchase and maintain insurance and provide bonds as set forth in Article ) I of AlA Document A201-2007 and as follows (State bonding requirements ifany and limits ofliabilityfor insurance required in Article I I ofAlA Document A201-2007)

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAreg Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AJAreg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent poslible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121012014 and is not for resale User Notes (1717717623)

7

Exhlbit A CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT ampWATERPROOFING EXTERIOR WALLS

BIDDING DOCUMENTS 00100 Invitation to Bid 00101 Advertisement for Bids 00201 City of Greenville MBE-WBE Plan 00215 Document Clarification Request (DCR) 00231 Product Substitutions During Bid 00400 Form of Single Prime Contract Proposal 00401 Reference Information 00402 MWBE-Forms City of Greenville 00403 E Verify Affidavit

CONTRACT DOCUMENTS 00797 AlA Referenced Documents 00938 Supplementary Conditions

DIVISION 1 bull GENERAL REQUIREMENTS 01110 Summary of Work 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01315 Project Meetings 01330 Submittal Procedures 01400 Quality Requtrements 01420 References 01500 Temporary Facifities and Controls 01600 Product Requirements 01631 Product Substitutions 01700 Execution Requirements 01731 Cutting and Patching 01732 Selective Demolition 01770 Closeout Procedures 01788 Warranties and Bonds

DIVISION 2 - SITE CONSTRUCTION

DIVISION 3 bull CONCRETE 03300 Cast-in-place Concrete

DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies 04905 Masonry Cleaning 04915 Brick Masonry Repair 04916 Brick Masonry Repainting 04924 Limestone Epoxy Crack Repair 04925 Stone Repair 04926 Stone Repainting

March 18 2014 Exhibit A Specifications Table of Contents Project No 20110015 Page 1

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 4: AlA Document A101' -2007 - Granicus

Allowance NO3 Include 5600 LF of Brick Repointing Include taxes misc materials and labor to repoint brick in base bid

Allowance No4 Include 600 LF of Stone Repointing Include taxes misc materials and labor to repaint Stone in base bid

Allowance NO5 Include 500 LF of limestone crack repair with Epoxy Limestone Resin Include taxes misc materials and labor to repair Limestone cracks in base bid

ARTICLE 5 PAYMENTS sect 51 PROGRESS PAYMENTS sect 511 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 ofthe Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents

sect 512 The period covered by each Application for Payment shaH be one calendar month ending on the last day of the month or as follows

The Twenty-Fifth (25th) day ofeach month

sect 513 Provided that an Application for Payment is received by the Architect not later than the 25th day ofa month the Owner shaH make payment of the certified amount to the Contractor not later than the 25 th day of the following month ff an Application for Payment is received by the Architect after the application date fixed above payment shaH be made by the Owner not later than Sixty (60 ) days after the Architect receives the Application for Payment (Federal state or loealaws may require payment within a certain period oftime)

sect 514 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents The schedule ofvalues shaH allocate the entire Contract Sum among the various portions of the Work The schedule ofvalues shall 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 shaH be used as a basis for reviewing the Contractors Applications for Payment

sect 515 Applications for Payment shaH show the percentage ofcompletion ofeach portion of the Work as of the end ofthe period covered by the Application for Payment

sect 516 Subject to other provisions ofthe Contract Documents the amount of each progress payment shan be computed as follows (Paragraphs deleted)

Retainage shall be withheld from each progress payment in accordance with the provisions ofNorth Carolina General Statute 143-1341 and as follows

- An amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment unti150 ofthe work is completed The Owner shall retain the amounts deducted from a progress payment until final payment is to be made in accordance with the provisions ofthis Agreement

sect 517 The progress payment amount determined in accordance with Section 516 shaH be further modified under the following circumstances

1 Add upon Substantial Completion ofthe Work a sum sufficient to increase the total payments to the full amount of the Contract Sum less such amounts as the Architect shaH determine for incomplete Work retainage applicable to such work and unsettled claims and (Section 985 ofALA Document A201-2007 requires release ofapplicable retainage upon Substantial Completion ofWork with consent ofsurety ifany)

AlA Document A101trade - 2007 Copyright1915 1918 1925 1937 1951 1958 1961 1963 1967 1974 1977198719911997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAfI) Document Is protected by US Copyright Law and Intemational Treaties Unauthorized

reproduction or distribution of this AlAfI) Document or any portion of it may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121102014 and Is not for resale User Notes (1717717623)

4

2 Add if final completion of the Work is thereafter materially delayed through no fault ofthe Contractor any additiona1 amounts payable in accordance with Section 9103 of AlA Document A201-2007

sect 518 Reduction or limitation ofretainage ifany shaH be as follows (If it is intended prior to Substantial Completion ofthe entire Work to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5161 and 5162 above and this is not explained elsewhere in the Contract Documents insert here provisions for such reduction or limitation)

Upon 50 completion ofthe work ifthe Owner determines that the Contractors performance is unsatisfactory an amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment Upon 50 completion ofthe work if the Owner determines that the Contractors performance is satisfactory an amount no greater than 5 ofa progress payment to be made in accordance with the provisions ofthis Agreement win be deducted and retained from each progress payment provided that the sum ofthe amounts deducted and retained from all progress payments made is no greater than 25 of the sum of the amounts of the progress payments made The Owner shall retain the amounts deducted from a progress payment unti1 tina] payment is to be made in accordance with the provisions ofthis Agreement

sect 519 Except with the Owners prior approval the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site

sect 52 FINAL PAYMENT sect 521 Final payment constituting the entire unpaid balance ofthe Contract Sum shall be made by the Owner to the Contractor when

1 the Contractor has fully performed the Contract except for the Contractors responsibility to correct Work as provided in Section 1222 of AlA Document A201-2007 and to satisfY other requirements ifany which extend beyond final payment and

2 a final Certificate for Payment has been issued by the Architect

sect 522 The Owners final payment to the Contractor shall be made no later than 30 days after the issuance ofthe Architects final Certificate for Payment or as follows

ARTICLE 6 DISPUTE RESOLUTION sect 61 INITIAL DEOISION MAKER The Architect will serve as loitial Decision Maker pursuantto Section 152 of AlA Document A201-2007 unless the parties appoint below another individual not a party to this Agreement to serve as Initial Decision Maker (If the parties mutually agree insert the name address and other contact information ofthe Initial Decision Maker iother than the Architect)

sect 62 BINDING DISPUTE RESOLUTION For any Claim subject to but not resolved by mediation pursuant to Section 153 of AlA Document A201-2007 the method ofbinding dispute resolution shal1 be as follows (Check the appropriate box Ifthe Owner and Contractor do not select a method ofbinding dispute resolution below or do not subsequently agree in writing to a binding dispute resolution method other than litigation Claims will be resolved by litigation in a court ofcompetent jurisdiction)

[] Arbitration pursuant to Section 154 of AlA Document A20t-2007

[ -V] Litigation in a court ofcompetent jurisdiction

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961196319671974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAmiddot Document is protected by US Copyright Law and Intematlonal Treaties Unauthorized

reproduction or distribution ofthis AJAmiddot Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 12102014 and is not for resale User Notes (1717717623)

5

[] Other (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION sect 71 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-2007

sect 72 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-2007

ARTICLE 8 MISCELLANEOUS PROVISIONS sect 81 Where reference is made in this Agreement to a provision ofAlA Document A201-2007 or another Contract Document the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents

sect 82 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 Project is located (lnsert rate ofinterest agreed upon ifany)

sect 83 The Owners representative (Name address and other information)

Devin Thompson Building amp Grounds Supervisor City of Greenville L500 Beatty Street Greenville NC 27858

sect 84 The Contractors representative (Name address and other information)

Bert Owens 301 W Cabarrus St Raleigh NC 27601

sect 85 Neither the Owners nor the Contractors representative shall be changed without ten days written notice to the other party

sect 86 Other provisions

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS sect 91 The Contract Documents except for Modifications issued after execution ofthis Agreement are enumerated in the sections below

AlA Document A101trade - 2007 Copyrightcopy 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIA8 Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this A1Areg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 165543 on 051092014 under Order NO8156695432_1 which expires on 121102014 and is not for resale User Notes (1717717623)

6

sect 911 The Agreement is this executed AlA Document Al 01-2007 Standard Form of Agreement Between Owner and Contractor

sect 912 The General Conditions are AlA Document A20 1-2007 General Conditions ofthe Contract for Construction

sect 913 The Supplementary and other Conditions ofthe Contract

Document Title Date Pages 00938 Supplementary Conditions to General Conditions ofthe Contract 3-18-14 6

for Construction AlA Document A201 - 1997 Edition

sect 914 The Specifications (Either list the Specifications here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit A

(Table deleted) sect 915 The Drawings (Either list the Drawings here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit B

(Table deleted) sect 916 The Addenda if any

Number Date Pages Addendum I 4-9-14 15

Addendwn 2 4-10-14 3

Addendwn 3 4-11-14 11

Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9

sect 917 Additional documents ifany forming part of the Contract Documents

1 AlA Document E201TM-2007 Digita) Data Protocol Exhibit ifcompleted by the parties or the following

2 Other documents if any listed below (List here any additional documents that are intended to form part ofthe Contract Documents AlA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders sample forms and the Contractors bid are not part ofthe Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part ofthe Contract Documents)

E-Verify Compliance document Exhibit C

Approved as to form pre-audit certification Exhibit D

ARTICLE 10 INSURANCE AND BONDS The Contractor shan purchase and maintain insurance and provide bonds as set forth in Article ) I of AlA Document A201-2007 and as follows (State bonding requirements ifany and limits ofliabilityfor insurance required in Article I I ofAlA Document A201-2007)

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAreg Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AJAreg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent poslible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121012014 and is not for resale User Notes (1717717623)

7

Exhlbit A CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT ampWATERPROOFING EXTERIOR WALLS

BIDDING DOCUMENTS 00100 Invitation to Bid 00101 Advertisement for Bids 00201 City of Greenville MBE-WBE Plan 00215 Document Clarification Request (DCR) 00231 Product Substitutions During Bid 00400 Form of Single Prime Contract Proposal 00401 Reference Information 00402 MWBE-Forms City of Greenville 00403 E Verify Affidavit

CONTRACT DOCUMENTS 00797 AlA Referenced Documents 00938 Supplementary Conditions

DIVISION 1 bull GENERAL REQUIREMENTS 01110 Summary of Work 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01315 Project Meetings 01330 Submittal Procedures 01400 Quality Requtrements 01420 References 01500 Temporary Facifities and Controls 01600 Product Requirements 01631 Product Substitutions 01700 Execution Requirements 01731 Cutting and Patching 01732 Selective Demolition 01770 Closeout Procedures 01788 Warranties and Bonds

DIVISION 2 - SITE CONSTRUCTION

DIVISION 3 bull CONCRETE 03300 Cast-in-place Concrete

DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies 04905 Masonry Cleaning 04915 Brick Masonry Repair 04916 Brick Masonry Repainting 04924 Limestone Epoxy Crack Repair 04925 Stone Repair 04926 Stone Repainting

March 18 2014 Exhibit A Specifications Table of Contents Project No 20110015 Page 1

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 5: AlA Document A101' -2007 - Granicus

2 Add if final completion of the Work is thereafter materially delayed through no fault ofthe Contractor any additiona1 amounts payable in accordance with Section 9103 of AlA Document A201-2007

sect 518 Reduction or limitation ofretainage ifany shaH be as follows (If it is intended prior to Substantial Completion ofthe entire Work to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5161 and 5162 above and this is not explained elsewhere in the Contract Documents insert here provisions for such reduction or limitation)

Upon 50 completion ofthe work ifthe Owner determines that the Contractors performance is unsatisfactory an amount equal to 5 ofa progress payment to be made in accordance with the provisions of this Agreement will be deducted and retained from each progress payment Upon 50 completion ofthe work if the Owner determines that the Contractors performance is satisfactory an amount no greater than 5 ofa progress payment to be made in accordance with the provisions ofthis Agreement win be deducted and retained from each progress payment provided that the sum ofthe amounts deducted and retained from all progress payments made is no greater than 25 of the sum of the amounts of the progress payments made The Owner shall retain the amounts deducted from a progress payment unti1 tina] payment is to be made in accordance with the provisions ofthis Agreement

sect 519 Except with the Owners prior approval the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site

sect 52 FINAL PAYMENT sect 521 Final payment constituting the entire unpaid balance ofthe Contract Sum shall be made by the Owner to the Contractor when

1 the Contractor has fully performed the Contract except for the Contractors responsibility to correct Work as provided in Section 1222 of AlA Document A201-2007 and to satisfY other requirements ifany which extend beyond final payment and

2 a final Certificate for Payment has been issued by the Architect

sect 522 The Owners final payment to the Contractor shall be made no later than 30 days after the issuance ofthe Architects final Certificate for Payment or as follows

ARTICLE 6 DISPUTE RESOLUTION sect 61 INITIAL DEOISION MAKER The Architect will serve as loitial Decision Maker pursuantto Section 152 of AlA Document A201-2007 unless the parties appoint below another individual not a party to this Agreement to serve as Initial Decision Maker (If the parties mutually agree insert the name address and other contact information ofthe Initial Decision Maker iother than the Architect)

sect 62 BINDING DISPUTE RESOLUTION For any Claim subject to but not resolved by mediation pursuant to Section 153 of AlA Document A201-2007 the method ofbinding dispute resolution shal1 be as follows (Check the appropriate box Ifthe Owner and Contractor do not select a method ofbinding dispute resolution below or do not subsequently agree in writing to a binding dispute resolution method other than litigation Claims will be resolved by litigation in a court ofcompetent jurisdiction)

[] Arbitration pursuant to Section 154 of AlA Document A20t-2007

[ -V] Litigation in a court ofcompetent jurisdiction

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961196319671974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AlAmiddot Document is protected by US Copyright Law and Intematlonal Treaties Unauthorized

reproduction or distribution ofthis AJAmiddot Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 12102014 and is not for resale User Notes (1717717623)

5

[] Other (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION sect 71 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-2007

sect 72 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-2007

ARTICLE 8 MISCELLANEOUS PROVISIONS sect 81 Where reference is made in this Agreement to a provision ofAlA Document A201-2007 or another Contract Document the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents

sect 82 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 Project is located (lnsert rate ofinterest agreed upon ifany)

sect 83 The Owners representative (Name address and other information)

Devin Thompson Building amp Grounds Supervisor City of Greenville L500 Beatty Street Greenville NC 27858

sect 84 The Contractors representative (Name address and other information)

Bert Owens 301 W Cabarrus St Raleigh NC 27601

sect 85 Neither the Owners nor the Contractors representative shall be changed without ten days written notice to the other party

sect 86 Other provisions

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS sect 91 The Contract Documents except for Modifications issued after execution ofthis Agreement are enumerated in the sections below

AlA Document A101trade - 2007 Copyrightcopy 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIA8 Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this A1Areg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 165543 on 051092014 under Order NO8156695432_1 which expires on 121102014 and is not for resale User Notes (1717717623)

6

sect 911 The Agreement is this executed AlA Document Al 01-2007 Standard Form of Agreement Between Owner and Contractor

sect 912 The General Conditions are AlA Document A20 1-2007 General Conditions ofthe Contract for Construction

sect 913 The Supplementary and other Conditions ofthe Contract

Document Title Date Pages 00938 Supplementary Conditions to General Conditions ofthe Contract 3-18-14 6

for Construction AlA Document A201 - 1997 Edition

sect 914 The Specifications (Either list the Specifications here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit A

(Table deleted) sect 915 The Drawings (Either list the Drawings here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit B

(Table deleted) sect 916 The Addenda if any

Number Date Pages Addendum I 4-9-14 15

Addendwn 2 4-10-14 3

Addendwn 3 4-11-14 11

Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9

sect 917 Additional documents ifany forming part of the Contract Documents

1 AlA Document E201TM-2007 Digita) Data Protocol Exhibit ifcompleted by the parties or the following

2 Other documents if any listed below (List here any additional documents that are intended to form part ofthe Contract Documents AlA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders sample forms and the Contractors bid are not part ofthe Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part ofthe Contract Documents)

E-Verify Compliance document Exhibit C

Approved as to form pre-audit certification Exhibit D

ARTICLE 10 INSURANCE AND BONDS The Contractor shan purchase and maintain insurance and provide bonds as set forth in Article ) I of AlA Document A201-2007 and as follows (State bonding requirements ifany and limits ofliabilityfor insurance required in Article I I ofAlA Document A201-2007)

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAreg Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AJAreg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent poslible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121012014 and is not for resale User Notes (1717717623)

7

Exhlbit A CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT ampWATERPROOFING EXTERIOR WALLS

BIDDING DOCUMENTS 00100 Invitation to Bid 00101 Advertisement for Bids 00201 City of Greenville MBE-WBE Plan 00215 Document Clarification Request (DCR) 00231 Product Substitutions During Bid 00400 Form of Single Prime Contract Proposal 00401 Reference Information 00402 MWBE-Forms City of Greenville 00403 E Verify Affidavit

CONTRACT DOCUMENTS 00797 AlA Referenced Documents 00938 Supplementary Conditions

DIVISION 1 bull GENERAL REQUIREMENTS 01110 Summary of Work 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01315 Project Meetings 01330 Submittal Procedures 01400 Quality Requtrements 01420 References 01500 Temporary Facifities and Controls 01600 Product Requirements 01631 Product Substitutions 01700 Execution Requirements 01731 Cutting and Patching 01732 Selective Demolition 01770 Closeout Procedures 01788 Warranties and Bonds

DIVISION 2 - SITE CONSTRUCTION

DIVISION 3 bull CONCRETE 03300 Cast-in-place Concrete

DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies 04905 Masonry Cleaning 04915 Brick Masonry Repair 04916 Brick Masonry Repainting 04924 Limestone Epoxy Crack Repair 04925 Stone Repair 04926 Stone Repainting

March 18 2014 Exhibit A Specifications Table of Contents Project No 20110015 Page 1

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 6: AlA Document A101' -2007 - Granicus

[] Other (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION sect 71 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-2007

sect 72 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-2007

ARTICLE 8 MISCELLANEOUS PROVISIONS sect 81 Where reference is made in this Agreement to a provision ofAlA Document A201-2007 or another Contract Document the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents

sect 82 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 Project is located (lnsert rate ofinterest agreed upon ifany)

sect 83 The Owners representative (Name address and other information)

Devin Thompson Building amp Grounds Supervisor City of Greenville L500 Beatty Street Greenville NC 27858

sect 84 The Contractors representative (Name address and other information)

Bert Owens 301 W Cabarrus St Raleigh NC 27601

sect 85 Neither the Owners nor the Contractors representative shall be changed without ten days written notice to the other party

sect 86 Other provisions

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS sect 91 The Contract Documents except for Modifications issued after execution ofthis Agreement are enumerated in the sections below

AlA Document A101trade - 2007 Copyrightcopy 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIA8 Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this A1Areg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 165543 on 051092014 under Order NO8156695432_1 which expires on 121102014 and is not for resale User Notes (1717717623)

6

sect 911 The Agreement is this executed AlA Document Al 01-2007 Standard Form of Agreement Between Owner and Contractor

sect 912 The General Conditions are AlA Document A20 1-2007 General Conditions ofthe Contract for Construction

sect 913 The Supplementary and other Conditions ofthe Contract

Document Title Date Pages 00938 Supplementary Conditions to General Conditions ofthe Contract 3-18-14 6

for Construction AlA Document A201 - 1997 Edition

sect 914 The Specifications (Either list the Specifications here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit A

(Table deleted) sect 915 The Drawings (Either list the Drawings here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit B

(Table deleted) sect 916 The Addenda if any

Number Date Pages Addendum I 4-9-14 15

Addendwn 2 4-10-14 3

Addendwn 3 4-11-14 11

Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9

sect 917 Additional documents ifany forming part of the Contract Documents

1 AlA Document E201TM-2007 Digita) Data Protocol Exhibit ifcompleted by the parties or the following

2 Other documents if any listed below (List here any additional documents that are intended to form part ofthe Contract Documents AlA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders sample forms and the Contractors bid are not part ofthe Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part ofthe Contract Documents)

E-Verify Compliance document Exhibit C

Approved as to form pre-audit certification Exhibit D

ARTICLE 10 INSURANCE AND BONDS The Contractor shan purchase and maintain insurance and provide bonds as set forth in Article ) I of AlA Document A201-2007 and as follows (State bonding requirements ifany and limits ofliabilityfor insurance required in Article I I ofAlA Document A201-2007)

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAreg Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AJAreg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent poslible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121012014 and is not for resale User Notes (1717717623)

7

Exhlbit A CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT ampWATERPROOFING EXTERIOR WALLS

BIDDING DOCUMENTS 00100 Invitation to Bid 00101 Advertisement for Bids 00201 City of Greenville MBE-WBE Plan 00215 Document Clarification Request (DCR) 00231 Product Substitutions During Bid 00400 Form of Single Prime Contract Proposal 00401 Reference Information 00402 MWBE-Forms City of Greenville 00403 E Verify Affidavit

CONTRACT DOCUMENTS 00797 AlA Referenced Documents 00938 Supplementary Conditions

DIVISION 1 bull GENERAL REQUIREMENTS 01110 Summary of Work 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01315 Project Meetings 01330 Submittal Procedures 01400 Quality Requtrements 01420 References 01500 Temporary Facifities and Controls 01600 Product Requirements 01631 Product Substitutions 01700 Execution Requirements 01731 Cutting and Patching 01732 Selective Demolition 01770 Closeout Procedures 01788 Warranties and Bonds

DIVISION 2 - SITE CONSTRUCTION

DIVISION 3 bull CONCRETE 03300 Cast-in-place Concrete

DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies 04905 Masonry Cleaning 04915 Brick Masonry Repair 04916 Brick Masonry Repainting 04924 Limestone Epoxy Crack Repair 04925 Stone Repair 04926 Stone Repainting

March 18 2014 Exhibit A Specifications Table of Contents Project No 20110015 Page 1

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 7: AlA Document A101' -2007 - Granicus

sect 911 The Agreement is this executed AlA Document Al 01-2007 Standard Form of Agreement Between Owner and Contractor

sect 912 The General Conditions are AlA Document A20 1-2007 General Conditions ofthe Contract for Construction

sect 913 The Supplementary and other Conditions ofthe Contract

Document Title Date Pages 00938 Supplementary Conditions to General Conditions ofthe Contract 3-18-14 6

for Construction AlA Document A201 - 1997 Edition

sect 914 The Specifications (Either list the Specifications here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit A

(Table deleted) sect 915 The Drawings (Either list the Drawings here or refer to an exhibit attached to this Agreement) As indicated in attached Exhibit B

(Table deleted) sect 916 The Addenda if any

Number Date Pages Addendum I 4-9-14 15

Addendwn 2 4-10-14 3

Addendwn 3 4-11-14 11

Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 9

sect 917 Additional documents ifany forming part of the Contract Documents

1 AlA Document E201TM-2007 Digita) Data Protocol Exhibit ifcompleted by the parties or the following

2 Other documents if any listed below (List here any additional documents that are intended to form part ofthe Contract Documents AlA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders sample forms and the Contractors bid are not part ofthe Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part ofthe Contract Documents)

E-Verify Compliance document Exhibit C

Approved as to form pre-audit certification Exhibit D

ARTICLE 10 INSURANCE AND BONDS The Contractor shan purchase and maintain insurance and provide bonds as set forth in Article ) I of AlA Document A201-2007 and as follows (State bonding requirements ifany and limits ofliabilityfor insurance required in Article I I ofAlA Document A201-2007)

AlA Document A101trade - 2007 Copyrightcopy 1915191819251937195119581961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAreg Document Is protected by US Copyright Law and International Treaties Unauthorized

reproduction or distribution of this AJAreg Document or any portion of It may result In severe civil and criminal penalties and will be prosecuted to the maximum extent poslible under the law This document was produced by AlA software at 155543 on 050912014 under Order No8156695432_1 which expires on 121012014 and is not for resale User Notes (1717717623)

7

Exhlbit A CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT ampWATERPROOFING EXTERIOR WALLS

BIDDING DOCUMENTS 00100 Invitation to Bid 00101 Advertisement for Bids 00201 City of Greenville MBE-WBE Plan 00215 Document Clarification Request (DCR) 00231 Product Substitutions During Bid 00400 Form of Single Prime Contract Proposal 00401 Reference Information 00402 MWBE-Forms City of Greenville 00403 E Verify Affidavit

CONTRACT DOCUMENTS 00797 AlA Referenced Documents 00938 Supplementary Conditions

DIVISION 1 bull GENERAL REQUIREMENTS 01110 Summary of Work 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01315 Project Meetings 01330 Submittal Procedures 01400 Quality Requtrements 01420 References 01500 Temporary Facifities and Controls 01600 Product Requirements 01631 Product Substitutions 01700 Execution Requirements 01731 Cutting and Patching 01732 Selective Demolition 01770 Closeout Procedures 01788 Warranties and Bonds

DIVISION 2 - SITE CONSTRUCTION

DIVISION 3 bull CONCRETE 03300 Cast-in-place Concrete

DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies 04905 Masonry Cleaning 04915 Brick Masonry Repair 04916 Brick Masonry Repainting 04924 Limestone Epoxy Crack Repair 04925 Stone Repair 04926 Stone Repainting

March 18 2014 Exhibit A Specifications Table of Contents Project No 20110015 Page 1

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 8: AlA Document A101' -2007 - Granicus

Exhlbit A CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT ampWATERPROOFING EXTERIOR WALLS

BIDDING DOCUMENTS 00100 Invitation to Bid 00101 Advertisement for Bids 00201 City of Greenville MBE-WBE Plan 00215 Document Clarification Request (DCR) 00231 Product Substitutions During Bid 00400 Form of Single Prime Contract Proposal 00401 Reference Information 00402 MWBE-Forms City of Greenville 00403 E Verify Affidavit

CONTRACT DOCUMENTS 00797 AlA Referenced Documents 00938 Supplementary Conditions

DIVISION 1 bull GENERAL REQUIREMENTS 01110 Summary of Work 01210 Allowances 01230 Alternates 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Project Management and Coordination 01315 Project Meetings 01330 Submittal Procedures 01400 Quality Requtrements 01420 References 01500 Temporary Facifities and Controls 01600 Product Requirements 01631 Product Substitutions 01700 Execution Requirements 01731 Cutting and Patching 01732 Selective Demolition 01770 Closeout Procedures 01788 Warranties and Bonds

DIVISION 2 - SITE CONSTRUCTION

DIVISION 3 bull CONCRETE 03300 Cast-in-place Concrete

DIVISION 4 - MASONRY 04810 Unit Masonry Assemblies 04905 Masonry Cleaning 04915 Brick Masonry Repair 04916 Brick Masonry Repainting 04924 Limestone Epoxy Crack Repair 04925 Stone Repair 04926 Stone Repainting

March 18 2014 Exhibit A Specifications Table of Contents Project No 20110015 Page 1

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 9: AlA Document A101' -2007 - Granicus

CITY OF GREENVILLE MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

DIVISION 5 METALS 05310 Steel Deck 05400 Cold-formed Metal Framing 05500 Metal Fabrications 05520 Guard Rail System Components 05521 Pipe And Tube Railings

DIVISION 6 - WOOD AND PLASTICS 06100 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07132 Elastomeric Sheet Waterproofing 07190 Water Repellents 07210 Building Insulation 07540 Thermoplastic Membrane Roofing 07620 Sheet Metal Flashing and Trim 07710 Manufactured Roof Specialties 07841 Through-penetration Firestop Systems 07920 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS 08513 Aluminum Windows (Architectural)

DIVISION 9 FINISHES 09912 Painting (Professional Line Products)

DIVISION 10 - Thru DIVISION 14 (Not Used)

DIVISION 15 - MECHANICAL 15086 Insulation 15140 Domestic Water Systems 15150 Drainage and Vent Systems 15856 Gravity Ventilators

DIVISION 16 - Not Used

APPENDICES A Hazardous Materials Test Report by Schineder Laboratories B Roof Analysis and Sub-Surface Moisture Investigation executive summary by RTD

March 18 2014 ExhibitA Specifications Table of Contents Project No 20110015 Page 2

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 10: AlA Document A101' -2007 - Granicus

CITY OF GREENVILLE ExhUJit 8 MUNICIPAL BUILDING

ROOF REPLACEMENT amp WATERPROOFING EXTERIOR WALLS

Drawing Index

Title Sheet G11 North Carolina Building Code Summary G 12 Construction Notes Symbols amp Abbreviations G13 Construction Staging Site Plan A01 Demolition Roof Plan AO2 Demolition Roof Details A11 New Work Roof Plan and Details A21 Exterior Elevations A22 Enlarged Exterior Elevations A31 Sections amp Details A41 Typical Roof Details A42 Typicar Roof Details AS1 Typical Ladder Sections amp Details P11 New Work Secondary Roof Drain Routing amp Scheduele

March 18 2014 Exhibit 8 Drawing Index Project No 20110015 Page 1

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 11: AlA Document A101' -2007 - Granicus

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT C

EVERIFY COMPLIANCE

The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes Further if the Contractor utilizes a Subcontractor the Contractor

shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of

the North Carolina General Statutes The Contractor represents that the Contractor and its

Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 12: AlA Document A101' -2007 - Granicus

CITY OF GREENVILLE NC Municipal Building Reroofing and Exterior Wall Waterproofing

EXHIBIT 0

APPROVED AS TO FORM

David A Holec City Attorney

PRE AUDIT CERTIFICATION

This instrument has been pre-audited in the manner required by the Local Government Budget

and Fiscal Control Act

Bernita Demery Director of Financial 5

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 13: AlA Document A101' -2007 - Granicus

Type of Insurance or bond Limit of liability or bond amount ($000) Performance and Materia] amp Labor Payment 100 ofContract Amount

This Agreement entered into as of the day and year first written above

CONTRACTOR (Signature)

ftrt QWh1~ p-tJdtn+shy(Printed name and title) -

AlA Document A10pM - 2007 CopyrightC 191519181925193719511958196119631967 1974 1977 1987 1991 1997 and 2007 by The American Inlt Institute of Architects All rights reserved WARNING This AIAIil Document Is protected by US Copyright Law and nternational Treaties Unauthorized

reproduction or distribution of this AlA III Document or any portion of it may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law This document was produced by AlA software at 155543 on 05092014 under Order No8156695432_1 which expires on 121102014 and is notfor resale User Notes (1717717623)

8

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 14: AlA Document A101' -2007 - Granicus

OWENS-1 OP 10 RE

ACORDlt DATE (MMlDDNYYVI

~ CERTIFICA TE OF LIABILITY INSURANCE I 05162014

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERrlFICATE 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 CERrlFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED the pollcy(les) 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 ~~~~~CT Tammy CoolidgeSenn Dunnmiddot Raleigh4700 Falls of Neuse Rdf St 190 fA18Nrfo Ext919791-9861 I rffc No) 919-372-3716 Raleigh NC 27609middot252 ~tD~SS tcoolldgesenndunncomBenjamin T Singleton AAI

INSURER(S) AFFORDING COVERAGE NAIC INSURERABuilders Premier Insurance Co 13036

INSURED Owens Roofing Inc INSURER B Builders Mutual Ins Co 10844 Owensmiddot Hart LLC 301 W Cabarrus Street INSURERC

Raleigh NC 27601 INSURERD INSURERE 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

~~N TYPE OF INSURANCE ~r- ~ POLICY NUMBER POLICYEFF (~g~J~ LIMITS

GENERAL LIABILITY CURRENCE $ 1000000I---shy

~~~~~~~~ta~~~celA X COMMERCIAL GENERAL LIABILITY PCPOO0244003 05012014 05012015 $ 100000I----o CLAIMSmiddotMADE 00 OCCURI---shy

MED EXP (Anyone person) $ 10000

I---shyPERSONAL amp ADV INJURY $ 1000000

c-shyGENERAL AGGREGATE $ 2000000

GENL AGGREGATE LIMIT APPLIES PER PRODUCTSmiddot COMPOP AGG $ 2000000

rJ POLICY [Xl ~r8T n LOC $

AUTOMOBILE LIABILITY ~~~~~~~tfINGLE LIMIT $ 1000000I---shy

A X ANY AUTO PCAOO0733702 05012014 05012015 BODILY INJURY (Per person $ --shy

ALL OEO tK SCHEDULEDAUTOS AUTOS BODILY INJURY (Per accIdent) $

~ HIRED AUTOS X ~8~iWNED ~ROPER Ib~NTr~t $PER ACCI T $

X UMBRELLA LIAB P1 OCCUR EACH OCCURRENCE $ 4000000-B EXCESS LlAB CLAIMSmiddotMADE UMB002114402 05012014 05012015 AGGREGATE $ 4000000

OED IX IRETENTION $ 10000 $ WORKERS COMPENSATION

X II~~r I IOJ~AND EMPLOYERS LIABILITY YIN B ANY PROPRIETORIPARTNEREXECUTIVE [JjJ iWCP102219701 01012014 01012015 EL EACH ACCIDENT $ 1000000

OFFICERIMEMBER EXCLUDED N NA(Mandatory In NH) EL DISEASE shy EA EMPLOYEE $ 1000000

~~~~~rtframpN ~~~PERATIONS below EL DISEASEmiddot POLICY LIMIT $ 1000000 A Intallatlon COV PCPOO0244001 051012014 05132015 Job Site 1050000

Max Loss 3150000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarka Schedule If more apace la required) Rei is City of Greenville Municipal Roof Replacement Waterproofingexterior Walls

30 Days notice of cancellation applies in favor of all notices except for non-pay which is 10 days

CERTIFICATE HOLDER CANCELLATION

CITYmiddot10

City of Greenville 1500 Beatty St

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS

Greeneille NC 27835

I

AU11iORIZED REPRESENTATIVE

ItHI YrllaquoatJshyreg 1988middot2010 ACORD CORPORATION All rights reserved

ACORD 25 (201005) The ACORD name and logo are registered marks of ACORD

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 15: AlA Document A101' -2007 - Granicus

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A312

Performance Bond Any singular reference to Contractor Surety Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business)

Owens Roofing Inc Western Surety Company

301 W Cabarrus Street 333 S Wabash Ave Raleigh NC 27601 Chicago IL 60604

OWNER (Name and Address)

City of Greenville

1500 Beatty St

Greenville NC 27835

CONSTRUCTION CONTRACT Date May 62014 Amount $40485100 Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 Description (Name and Location) City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

BOND Date (Not earlier than Construction Co-~ Amount $40485100 Four tttrrlOMa

Modifications to this Bond ~CJ

~I() CONTRACTOR AS PRINCI ~ ~~OA-rc Company iVI-IiIlJfUB (Corporate Seal)

SEAL estern Surety Comp~ny

Signature ____-t~~~~~f(j~~--~ Name and Title

(Any additional signatures appear on page 3)

(FOR INFORMA TION ONL Y - Name Address and Telephone) AGENT or BROKER BBampT Insurance Services Inc 4309 Emperor Blvd Ste 300 Durham NC 27703

Greenville NC 27858 919-281-4500

AlA DOCUMENT A312 PERFORMANCE BONO AND PAYMENT BONO DECEMBER 1984 EObull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

1

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 16: AlA Document A101' -2007 - Granicus

1 The Contractor and the Surety jointly and severally bind themselves lMir heirs executors administrators successors and assigns IQ the Qymiddotner for the performance of1heConstucUonContracl which is incorporated herein by reference

2 If the Contractor performs the Construction Contrac the Surety and the Conr~ctor shall NY no obligation under this 8ond except 0 participale in conferences as provided in Subparagraph 31

3 If there is no Owner Default the Suretys obligation under this Bond shall arise after

31 The Owner has notifiod the Contractor and he Surety at ils address described in Paragraph 10 below that the Q1fne is considering dc-clarlng a Contraclor Default and has requested and attempted to artge a conference with the Contractor and the Surety 10 be held not tater than fifteen days fter receipt of such notice to disCuss methods of pttomiS the Construcshytion Contract U the Owner the Contractor and the Surety asree the Contractor shan be flowtd a reasonshyab~ time to perform the- Construction Contract but 5uch an agreemenc shan not waive the Owners right if any subsequently to declare a Contractor Oefault and

32 The Owner has declared aContractorCefault and ormally terminated the Contractormiddots tight to complete the conlrid Such Contractor Default shatl not be demiddot dared earlier than twenty days after the Contractor and che Surety have received notice as provided in Submiddot paragtaph 31 and

33 The Owner ha aareed to pay Ihe Balance of the Contract Price to the Surely in accordance with the terms of the Construction Contract or to I contractor selected 10 perform th~Construction Contract in accormiddot dance with the terms of the contract with the Owner

4 When the Owner bas satisfied the condUton$ of Pafa grapb 3 the Surety shan promptly Ind at lhe Surety exshypens take one of the foilowinS actions

41 Arrange for the Conlraclor with consent of the Owner to perform and complete ~he Construction Contract or

42 Undertake to perform and complete the Construc tion Contrict itsefl through its agents or through indeshypendent contractors or

43 Obtain bids or negonated proposals from qualified contractors acceptable to the Owner for a contract fot performance and completion of the Conmiddot structlon Contfact arrange for a contract to be preshypared for execution by the Owner and he contractor selected with the Owners concurrence_ to be secured with per(ormance and ~)men1 bonds executed by a qualified lunny equivalent to ahe bonds issued on the Construction ContlaCI and pay to the Owner (he amount of damages as described in Paragraph 6 in exmiddot cess of the Bafana of the Contract Price incurfed by the Owner resulting ftom the Contractors default or

44 Waive its right to perform and complete arrange for completlon or obtain a new contraclor and with reasonable promptness under the circumsCnces1

1 After invesUgalion determine the amounl for

which it may be liable to the Owne and as soon as practicable -ftCr the amount is determiddot mined tende pay-mel therefor 10 the Owner or

2 Deny liability in whole or in pari and nOIfy the Ovner dUns reasons therefor

S If the Surety does not proceed ilS provided in Patagraph 4 with reasonable promptness the Surety shall be deemed to be in default on this Bond fifteen days aftet receipt of an additional written notice from th Qmer to the Surely demanding that the Surery perform its obligations under this Bond and the Owne shall ~ entitled to enforce any remedy available to Ihe Oer1l the Surety prOCftCls ar provided in Subpara8taph 44 and the Owner refuse$ the payment tendered or the Surety has denied liability in whole orin part without further notice the Owner shall be entitled 10 fNlforce any remedy available to the Owne

Afler the Ownor has terminated the Contractors iht to complete the Construction Contract and if the Surety ejects to aCI under Subparagraph 4142 or 43 above then the responsibifities of the Surety to the Owner $hall not be greater than those of the Contractor under Ihe Construction Contract and lhe responsibilities of the Owner10 the Surety shall nOI be greater than those of the Owner under lhe Construclion Contract To the limit of the amount of this Bond bUI subject to comrnitment by the Ownerof the Satance of Ihe Contract Price to mitigaUon of CO$I5 and damages on the Construction Contract the Suremiddot tv IS obligated without duplication for

61 The responsibilities of the Contractor for cortecshytion of defective work and completion of the Conslrucshytio Conlacl

62 Additional legal design professional and delay COSli resulting from he ContractorS Default and remiddot suIting from the actions or failure to act of the Surety under Paragraph 4 and

83 Uquidaled damases or if no liquidated damases are specified in the Construction Contract actuaf damshyagos caused by delayed performance or non-perforshymanee of the Contractor

7 The Surety shall not be liable to the Owner orothers for oblisationsof the Con1ractor lhal are unrelated to the Conshystruction Conlfact and the Balance of the Contract Price shall not be reduced Of set off on ccount of any such unrelated obligations No right of aClion shall accrue on this Bond 0 any per$Oamp or entity othet than the Owner or its heitS executors administrators or successors

8 The Surety hereby waives notke of any change includshyIng changes of tlmef to the Construction Contract or 10 related subcontractt pUfchase orders and olMr obligamiddot tions

9 Any proceeding tegal or equitable under Ihis Bond may be instituted in any court of competent jurisdicon in the Ioafon in which the work or pare ofthe-work is localed and shall be instituted within two years after ConlfaClor Default or within two )ears after the Contra(Wf ceased workins orwithin YO years after the Surety reuses or fails 10 perform its obliSICions under Ihis 80nd whichewt 0(

curs first If the provisions of this Paragaph are void or prohibited by law the minimum period of limitation watmiddot

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbullbullAlA reg THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312middot1984 THIRD PRINTING MARCH 1987

2

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 17: AlA Document A101' -2007 - Granicus

able to sureties as a defense In the jurisdiction of the suit shall be applicable

10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page

11 When this Bond has been furnished to compty with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conmiddot forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond

12 DEFINITIONS

121 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 Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS

tractor 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 re duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con tract

122 Construction Contract The agreement between the Owner and the Contractor identified on the sigshynature page including all Contract Documents and changes thereto

123 Contractor Default Failure of the Contralaquotor which has neither been remedied nor waived to pershyform or otherwise to comply with the terms of the Construction Contract

124 Owner Default Failure of the Owner which has neither been remedied nor waived to pay the Conshytractor as required by the ConstruGtion Contract or to perform and complete or comply with the other terms thereof

(Space is provided below for additional signatures of added parties other than those appearing on the cover page)

CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal)

Signature _______________ Signature _______________

Name and Title Name and Title Address Address

AlA DOCUMENT A312 bull PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 EDbull AlA reg

THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE Nwbull WASHINGTON DC 20006 A3121984 THIRD PRINTING MARCH 1987

3

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 18: AlA Document A101' -2007 - Granicus

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No 929593606

AlA Document A311

Labor and Material Payment Bond MSBOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF1HIE OWNeR CONDITIONEO ON THE FUUANO AmtFUL PERFORMANCE Of THE CON1RACT

KNOW ALL MEN BY THESE PRESENTS that Owens Roofing Inc (Hero insert Adlnamo and address laquoegat88ofContractor)

301 W Cabarrus Street Raleigh NC 27601

8S Principal hereinafter called Principal and Western Surety Company (Hero insert Mnam8 andeddnm 01 legat8e ofSurety)

333 S Wabash Ave Chicago IL 60604

as Surety hereinafter called SUrety at held and firmlV bound unto City of Greenville (Hero ins(uI name 8ftd addressorregal ft8 ofOwner)

1500 Beatty St Greenville NC 27835

as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined In the

amount of Four Hundred Four Thousand Eight Hundred Fifty One Dollars and 00100 (Here IMeft bull sn equal to at feast one-haldlhe connct pdce) Dollars ($ 40485100 )

for the payment whereof Principal and SUrety bind themselves their heirs executors administrators successors and assigns jointly and severa11y firmly by these presents

WHEREAS

Principal has by written agreement dated May 6 2014 bull entered Into a contract with OWner for U ofprojlcO

City of Greenville Municipal Roof Replacement and Waterproofing Exterior Walls 201 W 5th Street Greenville NC 27858

In accordance with Drawings and Specifications prepared by The East Group PA (Hero insert runnamdeddres orlegal title 0Architect)

324 Evans Street Greenville NC 27858

which contract is by reference made a part hereof and is hereinafter referred to as the Contract

AlAOOCUMENTA3U bull PERFORMANCE 8ONO AND LABOR ANO TEReAL PAYMENT 8ONO bull IdA FEBRUARY bullbull70 10 bull THE NAampRICAN INSTIlUTE OfARCHITECTS 1735NVAVE NW WAS4QTON Oc2OOOe

1

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 19: AlA Document A101' -2007 - Granicus

LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Principal shall prompUy make payment to an 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 forc and effect subject however to following conditions

I 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 pefformance of the Contract labor and material being construed to include that part of water gas power light heat oil gasoline telephon service or rental of equipment directly applicable to the Contract 2 The above named Principal and SUrety hereby jointly and sevetally agree with the Owner that every claimant as herein defined who has not been paid in fun 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 wer furnished 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 not be liable for the p8)tMnt 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 daimant 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

Signed and sealed this 16th

Pi

By

WITNESS

and the name of the party to whom the materials were furnished or for whom the work or labor was done or petformed Such notice shan be setved 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 offic 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 pubic officer b) After the expiration of one (1) year following the date on which principal ceased WOfk 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 bysuch law c) Other than In 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 payment by SUrety or mechanics liens which may be filed of record against said Improvement whether or not claim for bullbull amount of such lien be presented under and against this bond

dayof May 2014

Owens Roofin Inc

Western Surety Company

~JJ(DB~-dBobbi D Pendleton (Title Attorney-in-Fact

AlADOCUMENTA3 bull PERFORMANCE IOND NID LABOR ANDMATIRIAL PAVMeHT BOND bull AlA FEBRUARY 1970 EO bull lHIAMERICAN t4Sn1U1E OF ARCHITECTS 173SNY AVe NW WASHINGTON DC 20008

2

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 20: AlA Document A101' -2007 - Granicus

Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents That WESTERN SURETY COMPANY a South Dakota corporation is a duly organized and existing corporation

having its principal office in the City of Sioux Falls and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby

make constitute and appoint

Bobbi D Pendleton Individually

of Durham NC its true and lawful Attomey(sHn-Fact with full power and authority hereby conferred to sign seal and execute for and on its

behalf bonds undertakings and other ob1igatory instruments of simi1ar nature

- In Unlimited Amounts-Surety Bond No 929593606

Principal Owens Roofing Inc Obligee City of Greenville

and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid

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 ofthe By-Law printed on the reverse hereof duly adopted as indicated by

the shareholders ofthe corporation

[n Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be

hereto affixed on this 10th day of August 2012

WESTERN SURETY COMPANY

State of South Dakota

County ofMinnehaha

On this 10th day of August 2012 before me personally came Paul T Bruflat to me known who being by me duly sworn did depose and say that he

resides in the City of Sioux Falls State of South Dakota that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed

the above instrument that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed

pursuant to authority given by the Board of Directors of said corporation and that be signed his name thereto pursuant to like authority and acknowledges

same to be the act and deed of said corporation

My commission expires

June 232015

f)~~ J Mohr N~ Public CERTIFICATE

I L Nelson Assistant Secretary of WESTERN SURETY COMPANY do hereby certifY that the Power of Attorney hereinabove set forth is still in

force and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed

my name and affixed the seal ofthe said corporation this 16th day of May 2014

WESTERN SURETY COMPANY

Form F4280-7-2012

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile

Page 21: AlA Document A101' -2007 - Granicus

Authorizing ByLaw

ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY

This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders

ofthe Company

Section 7 All bonds policies undertakings Powers of Attorney or other obligations of the corporation shall be executed in the

corporate name of the Company by the President Secretary and Assistant Secretary Treasurer or any Vice President or by such other

officers as the Board of Directors may authorize The President any Vice President Secretary any Assistant Secretary or the Treasurer

may appoint Attorneys in Fact or agents who shan have authority to issue bonds policies or undertakings in the name of the Company

The corporate seal is not necessary for the validity of any bonds policies undertakings Powers of Attorney or other obligations of the

corporation The signature ofany such officer and the corporate seal may be printed by facsimile