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HomeMy WebLinkAbout2216-A0000_ACPF_PLUMBING CONTRACT_1_COMMUNITY PLUMBING AND HEATING CO.pdf• I. •'< • FORM OF PROPOSAL PLUMBING CONTRACT WORK on THE .AMBULATORY P .ATIENT CARE FACILITY HOSPITAL BUILDING FOR UNIVERSITY OF NORTH C.AROLIN.A Chapel Hill, North Carolina JAN 27 '966 Date -------------------------- The undersigned as Bidder, hereby declares that the only person or persons interested in this Proposal as Principal or Principals is or are named herein and that no other person than herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made l'lithout connection with any other person, company or parties making a Bid or Proposal; and that it is in all respects fair and in good, faith lV"ithout collusion or fraud. The Bidder further declares that he has examined. the site of the work and informed himself fully in regard to all conditions per- taining to the place where the work is to be done; that he has e~amined the Specifications, (including any .Addenda or Bulletins thereto), for the work and the Contract Documents relative thereto, ahd has read all special provisions furnished prior to the opening of Proposals; that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees if this Proposal is accepted to contract 't<Ti th the State of North Carolina, through the UNIVERSITY OF NORTH CAROLINA in the form of Contract specified, to furnish all necessary materials equipment, machinery, tools, apparatus,. means of transportation, and labor necessary to complete the construction of the .AMBULATORY PATIENT CARE FACILITY HOSPITAL BUILDING in full in complete acc9rdance with the Dra,rlngs, Specifications, and Contract Documents, to the full and entire satisfaction of THE UNIVERSITY OF NORTH CAROLINA iV'i th a definite understanding that no money will be allO'\'led for extra iV"ork except as set forth in the General Conditions and Contract ---~ . . ' Documents for the sum of: (Note: The Prime Contractor for General Construction Contract ~Tork shall act as Project Expediter for all Prime Contracts. See Section "Supplementary General Conditions".) Base Bid EIGHr Fl.UNDREP FIFTY EIGHT THOUSAND, ONE FJ.UNDRED SEVENTY THREE .AND N0/100 Dollars ($ 858,173.00 Should any of the Alternates as described in the Specifications be accepted, the amount written below shall be the amount to 11 add to 11 or "deduct from'' the Base Bid. If to be "deducted from 11 Base Bid put minus sign in parenthesis at head of Alternate and plus sign in parenthesis if to be added. Alternate No. 1: (+) Basement Storage Space: Dollars ($2,380.00) Alternate No. 2: Deleted ) Lo·wer Level Court: ) Entrance Pool: Dollars ($ N/C Dollars ($ N/C ) ) ) Alternate No. 17: ( Alternate No. 18: ( Alternate No. 34: (+) Alternate No. 36: (+) Alternate No. 39: ( ) Cross Connection Water: Dollars ($2,710.00) Central Dishwashing Dept. Dollars ($4,129.00) Additional Parking Facilities Dollars ($ N/C UNI~ PRICES: The undersigned agrees that Unit Prices shall include all labor, materials, bailing, shoring, removin3, supervision, services, insurance, overhead and profit, taxes, etc. for the work items completely installed. For changing quantities of work items from those indicated by the Contract Documents, upon >·Tritten authorization by the Oimer and/or Architect, the following Unit Prices shall prevail: UNIT NO. l 1. Sillcocks and hose bibbs: As specified, including valve escutcheon and vacuum breaker where required. Sillcock: Add $ 27.00 per unit· Deduct $ 21.00 per unit Hose Bibbs Add $ 3.00 per unit Deduct$ 1.00 per unit ... " . • UNIT PRICE NO. 2 l. Drains: .As specified with flashing ring, extension collars, traps, etc., as required. Floor Drains indicated round General: .Add $ 22.00 per unit Deduct $--~1M6~.~0~o~-per unit Mechanical Room: .Add $ Deduct $ 19.00 per unit 14.00 per unit Floor Drains indicated square General: .Add $ ___ 4~5~·~o~o ___ per unit Deduct $ 35.00 per unit Mechanical Room: .Add $ 25.00 per unit Deduct $---1~8~.~0-0--per unit UNIT PRICE NO, 3 Manholes 1. Add per foot up to 12 ' -0" Deduct per foot up to 12' -0'' 2. .Add per foot over 12'-0" Deduct per foot over 12'-0" UNIT PRICE NO. 4 ~ospital wall outlets Single .ADD $ 24.00 per unit Double .ADD $--14~8:-;.~0~0-_,.per unit Triple .ADD $ 72.00 per unit UNIT PRICE NO. 5 Pi.p~ng ·l. Pipe Pipe lnsul. · Type Per Per Tees "L" Lin. Lin. Insu- Ft. Ft. Tees lated Ellc 3/4 .95 1.70 2.00 2.40 1.40 1 1.15 1.90 2.40 2.90 1.60 3.70 2.20 4.20 2.50 6.10 3.40 1-1/4 1.50 2.30 3.20 1-1/2 1.80 2.60 3.60 2 2.60 3.40 5.50 $ 50.00 $ lt-0.00 $ 60.00 $ 50.00 Ells Insu·· 1ntcd 2.30 2.60 3.20 3.50 4.50 per foot per foot per foot per foot Gate Vlvs. Go.tc Insu- Viva. lated 7.00 7.90 8.50 9.50 11.~~0 12.1J.o 14.00 15.10 19.50 20.60 ·-.. UNIT PRICE NO. 5 (Continued) 2. Pipe Per Cast Lin. Short LonG SAN Iron Ft •. VJYES Siveep Si-1eep liT II 1/8" Bend 1 16" 211 2.80 .20 311 3.50 7.40 ~.20 3.40 4.20 2.60 2. 0 .40 4.60 7.40 3.70 3.70 411 3.90 10.40 5.40 5.70 10.40 4.50 4.40 UNIT PRICE NO. 6 Plumbing Fixtures Price for plumbing fixtures shall include all trim, traps, hangers and seats. Fixtures numbers relate to item in Section 12. a. b, P-3B P-3F UNIT PRICE NO. 7 Pneumatic tube stations $ 85.00 per fixture $:::9~7:-~o~o::::::per fixture Price for each type of station $ 2 2 500.00 each UNIT PRICE NO. 8 Earth Trench Excavating Price to include excavating and backfilling. 0 to 5 feet deep over 5 feet deep UNIT PRICE NO. 9 Rock Trench Excavating $ __ ~2~·~00-=--_ _,per cu. yd. $ 5.00 per cu. yd. Price to include excavating and backfilling. 0 to 5 feet deep over 5 feet deep $_--r3~0~·~oo~ __ per cu. yd. $ 4o.oo per cu. yd. Page 4 Bend The bidder further proposes and agrees hereby to commence work under his contract on a date to be specified in a written order of the Designer and shall fully complete all work thereunder within 900 con- secutive calendar days from and including said date. T.he undersigned further agrees that in the case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the Contract, the check, cash or Bid Bond accompanying this bid shall be paid into the funds of the Owner's Account set aside for this project, as liquidated damages for such failure; otherwise the check, cash or Bid Bond accompanying this Proposal shall be returned to the undersigned. Use this space for attaching check, cash or Bid Bond. Respectfully submitted this ___ 2..;..7t_h ______ day of __ __..0&......:.~~~=-:"""e _,. _________ (Title) --4. ···~A .l y r!' -(Add ) --~~~~~~P~r.v~~~~~#~~~~~~-·~~~---------ress ____ ! .... l.w..f_6_· ________ (License Number) CERTIFIED A TRUE COPY OF THE PROPOSAL SHOWING BASE BID, ALTERNATE PRICES AND UNIT PRICES FOR THE PLUMBING CONTRACT. END Page 5 FORM OF CONTRACT STATE OF NORTH CAROLINA APPROVED FORiv1 OF CONSTRUCTION CONTRACT THIS AGREEMENT, made the __ day of _, __ A_f'_R_2_""_• _19_S6~ __ in the year of 1966, by and between COMMUNITY PLUMBING & HEATING COMPANY Hereinafter called the Party of the First Part and the State of North Carolina; through the ____ U~n~iv~e~r~s~1~·t~y~o~f~N~o~r~t~h~C~a~r~o~l~i~n~a&'-------------- Chapel Hill, North Carolina hereinafter called the party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: l. SCOPE OF WORK: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached thereof as if fully contained herein: .Advertisement, Instructions to Bidders, General Conditions, Alternates, Special Conditions, Supplementary General Conditions, Wage Rates, Labor Standards, Accepted Proposal, Contract, Performance Bond, Payment Bond, Power of Attorney, Workmen's Compensation, Public Liability, Property Damage and Builders' Risk Insurance Certificates, Approval of Attorney General, Certificate by the Department of Administration and Drawings, entitled: AMBULATORY PATIENT CARE FACILITY • Code 66375, Item l, Project No. N.C.403, FR-03153-01 University of North Carolina at Chapel Hill, North Carolina consisting of the following sheets: A-1, A-la, A-2 through A-32, S-1 through S-22, H-1 through H-24, P-1 through P-18, E-1 through E-33, dated November 12, 1965. Specifications Divisions: General Construction Contract, Sections 1 -30, Vertical Transportation Contract, S.ections 1 -3, Heating, Ventilating and Air Conditioning Contract, Sections 1 -21, Plumbing Contract, Sections 1 -17, Electrical Contract, Sections 1 -19, Food Service Equipment Contract, Pages FSE-1 -FSE-46, CRK2-l -CRK2-6, TK3-l -TK3-7, CD4-l -CD4-7, Refrigeration Equipment Contract Section Pages Refrig-1 -Refrig-20, Electronics Contract, Sections 1 -18, all dated November 12, 1965. ·.;o;, Ill • • Addendum No. 1, December 16, 1965, Addendum No. ·2, dated January 18, 1966, Addendum No. 3, dated January 19> 1966, Addendum No. 4, January 22, 1966, Addendum No. 5, January 24, 1966, and Addendum No. 6~ dated January 28, 1966, all insofar as they apply to the: _____________________ P_L_UMB ___ IN_G _____________ CONTRACT Alternates Nos. 1, 34 and 36 are -------------------------------------------------accepted. 2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within 900 consecutive calendar days from said date. The Party of the First Part, as one of the considerations for the awarding of this contract, has furnished to the Party of the Second Part a construction schedule setting forth planned progress of the building broken down by the various divisions or parts of the work and by calendar days. In the event that the progress of the work is not maintained on schedule by the Party of the First Part, or in the event the work is not completed within the time above specified, the Party of the Second .Part may upon fifteen (15) days' notice, sent by Registered Mail, to the Party of the First Part and his surety, declare this contract in default, and there- upon, such surety shall promptly take over the said work and complete the performance of this contract in the manner and within the time above specified, and all funds due or to become due to the Party of the First Part shall be paid to the surety. In the event the surety shall fail to take over the work to be done ~der this contract within fifteen (15) days after being so notified and notify the Party of the Second Part in writing, sent by Registered Mail that he is taking the same over and stating that he will diligently pursue and complete the same, the Party of the Second Part shall h~ve the right to let the work remaining to be done to some other contractor, either by public letting·or nesotiation, and thereupon, the Party of the First Part, the contractor, and the surety on his bond shall forthwith pay the Party of the Second Part all increase in cost, or loss and damage which it may sustain on account of such default on the part of the Party of the First Part. 3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or pro- posal, in lawful money of the United States,as follows: Eight Hundred Sixty Seven Thousand Three Hundred Ninety Two and 00/100Dollars ($ 867,392.00) 4. On or before the 15 day of each calendar month, the Party of the Second Part shall make partial payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less ten per cent (lo%) of the amount of such estimate which is to be retained by the Second Party until all work lias been performed striGtly in accordance with this Agreement and until such work has been accepted by the Second Party. C-2 • 5. Upon submission by the first party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection il'ith the construction of the work has been paid in full, final payment on account of this agreement shall be made within thirty (30) days after the completion by the F~rst Party of all work covered by this Agreement and the acceptance of such work by the Second Party. 6. It is further mutually. agreed between the parties hereto that if at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance, the Second Party shall deem the Surety or Sureties upon such Bond to be unsatisfactory, or if, for any reason such Bond ceases to be adequate to cover the performance ot the work, the First Party shall, at its expense, within five days after the receipt of notice from the Second Party so to do, furnish an addi- tional Bond or Bonds in such :i:'orm and amount, and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day and date first above i•7ritten in 12 ----~--------~~~~--~ counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. , . WITNESS: COMMUNllY HEAT\NG & PLUMitll 8L 509 Walker A~. GREENSBORO. N, C. ' (Contrac,or) By -----~~--------/.-__--=--. ----~=7+--~()-=~~·· THE STATE OF NORTH CAROLINA THROUGH The University of North Cm-ollna (Institution, Agency, Department) :Assistant Vice Presiden4-,~. Tren.STI:rei C-3 ti ·i i I ' :Q,: ~ ' , . I. 1 •• •. 0 .. · '. ' !. .. •. 1- .1 'I 0 }" ·, ,; ~ ,... ,' ·,. •'' • • •• .. FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS·, THAT we--------- • Community Hea£inllk PlumbinB Co. O~eensbt»."o• North CuoUna hereinafter called the "Principal" and ------------- The Fidelity and Caeu.altY Company of New Yo1l'k a corporation incorporated under the laws of the State of New Yo~:k hereinafter called the "Surety", are held and firmly bound unto the State of North Carolina in the full and . \' just sum of Eight Hundred Sixty Seven Tb011eand Tuee M~ecf Ninety Two and No. 100·-Dollars ($a61. 392. 00 ) , lawful money of. the nited States.of America, to be paid to the said State of North .carolina, its successors, or its assigns for which payment well and truly to be made and done we bind ourselves, our heirs, executors; administrators, and successors, jointly and severally, firmly by these presents. .!3ealed with our seals and dated this ··--.....--- . ~ay of AP! 2 7 1966 A.D., 19 • WHEREAS, the above bonded "Principal: has entered into a , contract with the said State of North Carolina, bearing the date . . · A!Z ~S£ day of 19 • A copy of which said ~gfr;Mt H~ncorporated herein by reference and is made a part hereof as if fully copied herein: For the full and complete execution of work in connection with · Pl~lng Contract Work on 'I'he Ambulatoif.:atient Cue Fadlity ,1-Io&pltal-Bulldlns, Chapel Hill, North Caro · NOW THEREFORE, the ·condi tiona of this obligation are such that ·the above bonded "Principal", as contractor, shall in all respects comply with.the terms of the contract and conditions of said , contract, a.nd his» their, or its obligations thereunder., including . the specifications and plans thereinreferred to and made part · . ·. thereof, and such alterations ~s may be made in said specifications and plans as therein provided for, and shall well and truly, and in '· a manner satisfactory .to the State of North Carolina and the Uid.ve.-eity. of NoYth Carolina at Chapel Hill ·• complete the work contracted for within the time stipulated in the · contract and shall save harmless the State of North Carolina from '. any expense incurred tbrough the failure of said Contractor to com-· · .. : p:J_ete the work as specified, and from any damage _growing out Of the carelessness of said contractor, or his, their, or its servant, · and from any liability for payment of wages or salaries due or · ·:. I. ,,: r. '' I ,. I, '. '-... .i :..... - -·Ji .... ·~ .. ...,-) __ _ . . ' , .. 0 ; I' 0 ·:t I I Form of Performance Bond (Continued) for material furnished said Contractor, and shall well and truly pay all and every person furnishing material, or performing labor in and-about the construction of said improvement work, all and every sum or sums of money due him, them, or any of them, for all 'such labor and materials for which the Contractor is liable; and also shall save and keep harmless the said State of North Carolina against and from all losses to it from any cause whatever, including patent, trademark and copyright infringements in the manner of constructing said project, then this obligation shall be void, or otherwise to be and remain in full force and virtue. Provided, however, that no suit, action or proceeding by reason of any default whatever shall be brought on this Bond after twenty~ seven (27) months from the day on which the final payment under the Contract falls due.- ·; And provided further the said surety, for value received, -hereby stipulates and agrees that no change, (:!xtension of time, , alterations .or addition to the terms of Contract or to the work to·:,.;' be performed hereunder or the specifications accompanying the same - shall in any way effect its obligations on this bond, and_it does hereby waive notice of any such change, extension of time, altere-I tion to the te~ of the Contract or.to the work or to the specifications. This obligation shall remain in full force and effect until the performance of all convenants, terms, and conditions herein stipulated, and after such performance it shall become null and void •. IN TESTIMONY WHEREOF witness the hands and seals of the parties _ hereto on this APR g 7 196i day of 19_. " I Executed in __ T_· _we_t_~_e,__ ____ counterparts. A··~t!b~. (\a tne.ss as to Contra'ctor' JU/&-~' 9 . . ~~ness as to Surety) !' llyi,i. ~ Y)V:f·4"' ... ; Jay A.~os-e~ · ~ttarney-~·kct::: Countersigned:- PB-2 ,· ' .' ~·· ,' ·'. • r ! -~ ., ' .. ·i . ~· I ' I ,i ; .. "· \ .. ,\ '\ '' .:,' ! .. ' ' . . ',! 'i GENERAL POWER OF AnORNEY Know all men by these Presents, That .THE FIDEUTY AND CASUALTY COMPANY OF NEW YORK baa made, CODStitated and appointed, and by these presenta does make, cODttitute, and appoint Fitzgerald s. Hudson, H. R. Cool.e;y, George T. High, Collier Cobb., Jr., Jay A. Norem, Collier Cobb, III, A. H. A. Williams, II, all ot Chapel Hill, North Carolina, EACH its true and lawful attorney for It and in ita name, place, and atead to execute on behalf of the aaid Company, u surety, bonds, undertakings and contracta of aurety to be aiven to all obligees provided that no bond or undertaking or contract of auretyahip executed under thia authority ahall exceed in amount the sum of ONE MILLION ( $1.,000,000.) DOLLARS. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the fol- lowing Resolution adopted by the Board of Directon of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK at a meeting duly called and held on the 16th day of October, 1957, as amended AprU 20th, 1961: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board. the President, an Executive Vice President or any Vice President of the Company, be, and that each or any of t.hem hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, bonds, undertakings and all contracts of suretyship; and that Rny Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof THE FIDEUTY AND CASUALTY COMPANY OF NEW YORK has caused ita of&cial seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Secretaries this 31st day of March, 1963. Attest: Secretary STATE OF NEW YORK, COUNTY OF NEW YORK, Vice-President On this 31st day of March, 1963, before me personally came Carroll R. Young, to me known, who being by me duly sworn, did depose and say: that he resides in Berkeley Heights in the County of Union, State of New Jeney, at 23 Ridge Drive East; that he is a Vice-President of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said inatrument ia such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF NEW YORK, COUNTY OF NEW YORK, ,,,,,~~1111:,,,,,,. ~~t;_t;: ... r,f!r_~ i3lNO~R;".}!\ "\,.r:;,· .• ;uau~.:~l ~,.""f'"•• .. ••"""4.o,o:-~,,,,,~{.n~~~,,,, .... CERTIFICATE j'~ ••• ~ Notary Public, State of New York No. 41-0474050 Qualified In Queens County Certificate Filed In New York County Term Expires March 30, 1965 I, the undersigned, a Secretary of THE FIDEUTY AND CASUALTY COMPANY OF NEW YORK, a New York corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, aet forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York. Dated theAPR 27 1966 day of , 19 lS Bond 43168 I. l L ~~ L ' ,, i. I I ., 11 j ' 0 / I '. l l q l:l t . :. LABOR AND MATERIAL PAYMENT' BOND • (This Bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and fa~thful performance of the'Contract.) KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and · address or legal title of Contractor) C·on:tnluoity Heattna • Pliunllaa Co .. CireonsLoJ"o, N?ll'l'b Carolt.Da I. .. ·,: as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) 'I ,{. .,, 'Xb~ F'ideUty II C31talty C<»mpuy Qf New York New Y~t-k, New. Y~r.k as Surety, hereinafter called Surety, are held and.firmly bound unto (Name and address or legal title.of Owner) . > State of North Carolina Ratelgh, Nflrtb Cal'otiu ' as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbe.lQW defined in. the . !fii,;i'~t ll'Cit!dt''fld tnxty ... leve'n '.&'nCh~U~td. Tbree '• amount of Hutsdred Nil'!ety•tWO and No.I lOG-··· Dollars (Here insert a sum equal to at least one~half of the contract price) . \ ($ 867, J9Z, 00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, . administrators, successors and assigns, jointly and severally,· firmly by these presents. :-:' WHEREAS '. 1 ~ Principal. has by written agreement dated · 19 · , ' entered into a contract with Owner for · ~ · . ,I 111\lmbin¥ ·C-~ract WOI'k for Tbe AmbulatOI'Y·f'.atient ca:,..:F-~UUy': H~:tepita1 Building. Cba~et HUt., Nor.tb C~rollna · . • . : . . : . in accordance with drawings and specifications prepared by (Here insert· full. name, title and address)· •• f which contract is by reference made a part hereof, and is ·' ~ hereinafter referred to as the Contract. 1 1 ' J '. i;! .•.: •· \' . ,· ' ; • I . 0 o I 1i l l J l J l L · NOW, THEREFORE, THE CmiDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as qereinafter defined, for all labor and material used or reasonably required for use in the _performance of the Contract, then this obligation sha~l be void; otherwise it shall remain in full force and effect, subject, however, to'the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of . the contract, labor and material being construed to include that · part of water, gas, po't'Ter, light, heat, oil, gasoline, telephone :service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally -agree with the Owner that every claimant a~ herein defined, who has · not been paid in full before the expiration of a period of ninety (go) days after the date on which the last of such claimant's work or ·labor was done or performed, or materials were furnished by such claimant, may sue ~n this b md f)r the use ··f such claimant, pr •secute the suit tJ final judgment f,:r such sum ·r sums as may be.justly due claimant, and hav:e executim thereJn. The Owner shall n)t be liable fJt the payment' ~f any costs 'Jr expenses of any such suit • • 3 •.. No suit or action shall be commenced hereunder by any claimant: . A. ., ! ,., · .. ,· '· ' ' . ' ' '\ .. · , .. ,· 1 ,.: '·'' Unless claimant, other than one having a direct contract . with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service. need not be made by a public officer. After the expiration of one (1) year following the' date on which Principal ceased work on said Contract, it being understood, how~ver, that if any limitation embodied in this bond is prohibited by any law controlling the . · cqnstruction·hereof such limitation shall be .deemed •to be amended so as to be equal to the minimum period of limitation permitted by such law. ·· .. ' Page 2 ' .. \ 'I ·' ' • ,.. ~· (_i_..~' r· ' l ·.._,,,.;) •'···' • '' .. c. O~her than.in a state court of competent jurisdiqtion in and for the county or other political subdivision of th~ state in.which the project, or any part thereof, is situated, or in the United States District Court for the district in l-Thich the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mec~anics' liens which may be filed of record against said improvement, , · whether or not claim for the amount of. such lien be presentt;!d · under and against this bond. :< i ) Signed and sealed this day of I IN THE PRESENCE .OF: Commanlty Ht>atlog • Plumb in.~ C;, ... (Princip~) (Seal) f3e, L J; .~ /-4 ,b. __ -T.\Y~l)J.-:.:--T'•. -· ·---- 1 ' · • (Title) '.i·,, I. Tht'i FidtUty &: CCliWlllly C'llmf'tany t.lf Ne~ .York (suretr) .(Seal) I ·:·. --- L q o u1.R~ ·. ·····'·.· .. J'ay .~ .. 1:~~\\Il.Attorc.Y·ln·F~l t·· .. 1; : .. t J_.. ' .l( • . :. --· ' •• 1 ,'· .. . , Page.3; . :~' ''· t • ~ . :. . :~ 'i: ·~: ! 'I '· . -·, --,·-;'~>::t""'···•·:-.-r.~~-,(""''.' ... • . . GENERAL POWER OF AnORNEY Know all men by these Presents, That THE FIDEUTY AND CASUALTY COMPANY OF NEW YORK baa made, cODatitated and appointed, and by these presents does make, constitute, and appoint Fitzgerald s. Hudson, H. R. Coole7, George T. High, Collier Cobb, Jr., Jay A. Norem, Collier Cobb, m, A. H. A. Williams, II, a11 ot Chapel Bill, North Carolina, EACH its true and lawful attorney for it and in ita name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of surety to be Riven to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority ahall exceed in amount the sum of ONE MILLION ( $1,000,000.) OOILARS. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the fol- lowing Resolution adopted by the Board of Directon of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK at a meeting duly called and held on the 16th day of October, 1957, as amended April 20th, 1961: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or any Vice President of the Company, be, and that each or any of ~hem hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, bonds, undertakings and all contracts of suretyship; and that llny Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valld and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof THE FIDELITY AND CASUALTY COMPANY OF NEW YORK has caused its ofticial seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Secretaries this 31st day of March, 1963. Attest: Secretary STATE OF NEW YORK, COUNTY OF NEW YORK, By Vice-President On this 31st day of March, 1963, before me personally came Carroll R. Young, to me known, who being by me duly sworn, did depose and say: that he resides in Berkeley Heights in the County of Union, State of New Jersey, at 23 Ridge Drive East; that he is a Vice-President of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, the corporation described in and which executed the above instrument; that be knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it wu so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF NEW YORK, COUNTY OF NEW YORK, ,,,,,~"116.'''''1. .l...~··"'·f(~ {~::::;~)J \,"'"'l"·········~o:o.$ ~,,,,,g:,ll~1~~,,, ... , .. CERTIFICATE or~ .. ~ Notary Public, State of New York No. 41-0474050 Qualified in Queens County Certificate Filed in New York County Term Expires March 30, 1965 I, the undenigned, a Secretary of THE FIDEUTY AND CASUALTY COMPANY OF NEW YORK, a New York corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attomey remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directon, set forth in the said Power of Attomey, is now in force. Signed and sealed at the City of New York. Dated theAPR 27.1966 day of , 19 ~~ ~ •• ~#. f~ft ~ ~· 15 Bond 43168 ~~";;-~•" l ' <_ ·i- ·'~ ,. ', _.''. ' '· ! } .. :-· ' .. f •.' .',: ·-:.' ,'-:·. ATTACH POWER . OF .AftQlUfEY HERE _·";" :. ·. -~. ·. ' " ·~ ' : ' . . t J •. ' ' •'. ' '· )• :· ' i tl ·' > ~--· ! } ' t ,·:·, ~ ~ 1 ' .·· .. , ·.'7 .f. ; ·:r ~ , .zJ .; ... . ,, ·• ; . ' ·.' I TRANSAMAicA INSURANc-1' coMPANY CERTIFICATE OF INSURANCE --------~•~c='='~'~·~·--___ 19'1 This is to certify that this Company has issued polides indicated below to -:· 1 . ~ ,' . . Address. __ s_o_t_W_I_l_kei' __ A•_n_· -•-•~· ...;.t_._o_._Bo_,s_SO_S_l....:•_,CI'.,...,..-•_•_•_,_Ito..,....,.....I'O,....•::......,...•.....,•-tll..:...·_c......,eu.....:.......:...l.:..ta.,:,:a:.........:....,...,.,....., __ ~_- • ' ~ ' . " I ~ ' • ' I I Operations of Insured ___ ---""t=l=•=•=w=:::!!I."'---'=•=4_;Be=a::..;Ug=-:!11!!-.;::.Caa=&e;;.:::;..;:ac=t;.;;.O"I'=..·-· -----~-~-' --------- -Lo ation of Work c State of JQ•th caco!f.taa ., . -.. PoLICY NuMBERS KIND OF INSURANCE LIMITS E'FFECI'IVE . ExPlRES AUTOMOBILE LIABILITY . ' Bodily Injury -Each Person . •' $ Each Accident $ ,, Property Damage-Each Accident $ lwC•IZOJIJ WoRKMEN's CoMPENSATION Stare of •tb C.o1iaa 10/22/65 -lO/D/H 2Se2H64 LIABILITY OTHER THAN AUTOMOBILE Bodily In jury -Each Person $100,000.00 -I Each Accident $300tOOO.OO Aggregate Products tSOO.ooo.eo 10/U/11 1.1/11/66 Property Damage-Each Accident $ so.ooo.oo Aggregate Operations $100,000.00 Aggregate Protective $ Aggregate Products $ Aggregate Contractual $ CoNTRACToR's PROTECTIVE LIABILITY Bodily Injury -Each Person $ Each Accident $ Property Damage-Each Accident $ _Aggregate $ This Certificate is issued at the request of: sta~e of Hol'tb , c_.,o1$U _ _ . . Name hiv••itt of RWth C.oU.aa at Chapel" Bill: ,, . ',: ii Greensboro Insurance Corporation PHIL LEVINE, Manager MISC. 185 1 610 Summit Avenue, Greensboro, N.C. Phone 275-2541 ATTACH WORKMEN'S COMPENSATION CERTIFICATE HERE . . " ATTACH PUBLIC LIABILITY INSURANCE CERTIFICATE HERE i!lsBORO MUTUAL INSURANCE AGENCY ' PHIL LEVINE, Manager CERTIFICATE OF INSURANCE 610 Summit Avenue -Greensboro, N.C. Phone 275-2541 t!Jips bl ht C!ttrttfg that the VIRGINIA MUTUAL INSURANCE COMPANY, Richmond, Va., has issued to r 111 c rt ' )*-•·--------:------------------------------------ policies of insurance as described in the following schedule: KIND OF POLICY WORKMEN'S COMPENSATION ... 11; .... ~ u.. ""' ........ , PoLICY No. POLICY PEJUOD .,.,. From. ... ·-·-·-···-··········-····-··········---From...................................................... From...................................................... From ..................................................... . LJMJTS ..... ,. To .... ·-····-····-···--·---·····-·····-······-·· To ............... ~ft!L ...................... _ ..... To .... ·-···········-······················-····-···-····· To.................................. ···-· As provided by Workmen's Com-l•l• pensation Law, State of , Ill -, One Person ''···-····'·'-··'·············· One Person $................................ Each Accident •··-··························· --········-····-··-···-··············--·-···-·--One Accident $.............................. One Accident $................................ Aggregate Liab. *··················-···-··- J~••• ••••• ... •lri:MI Coverins Explosion or Collapse LocAnoNs CcM!IIED ···················--a;;··;;;-:N~>···················- Classifications of work covered by policies: Addr ct~~•• au • ..,.. ... ,.. h th. c ·fi · · d ess ________________________________________ _: ___________ ----------------------at w ose request Is eru cate 1s 1ssue , but the Virginia Mutuallnsurance Company assumes no responsibility for failure to so notify. Dare_ __ _c ________ ~_! __ u __ u _______ , 19~--0 --~U~~~:_::: . Authorized Representative .......... IDJIIILLII ... ., VMICO 73·U .. ATTACH CERTIFICATE OF AUTOMOBILE LIABILITY • (. AND PROPERTY DAMAGE HERE 'q.;, r : F ' l ( ' :: .f '/ .' j .j ! ,. ! - l \ . . \ 1'. ·,, 1.~ t: J ' .~ :i • t-~~.---e TRANSAMERICA • INSURANCE·COMPANY ·i .. . ~­ I L l CERTIFICATE. OF. INSURANCE • ----~A~p~r:i~l~l._· __________ 19~ This ·is to cettuy that this Company has issued polides indicated below to- Nameoflnstired Community Beating and· Plumbing Company, Inc. and/or The State of North Carolina, as their interests ma~ appear. Address P. 0. Box 3051, · 509 Walker Ave. , Greesboro, North Carolina • Operations of Insured Plumbing and Heating Contractor · · . Location of·Work University of North Carolina at Chapel Hill, Chapel Hill, N. c. ,, Bodily In jury -:-Each :Person Each Accident Property Damage-Each Accident !------WoRKMEN's CoMPENSATION LIMITS 900,000 $·-----$·---- $·----- Sm~ o·~------~-----------------~-------------- ._, ______ ....... ABILITY OTHER THAN AUTOMOBILE Bodily .Injury -Each Person $ Each Accident $ . Aggregate Products $ $ $ .,. $ Pr~perty Damage-Each Accident . '! ;:: Aggregate Operatio'ils · ,, i: Aggregate Protective '··i. Aggregate Products $ ··· Aggregate Contractual $ 'I CoNTRAcroa's PROTECTIVE LIABILITY ·~Bodily Injury· -Each Perso~ $ Each Accident $ '·" Property Damage-Each Accident $ I Aggregate $ '· This Certificate is issued at the ,:equest of: ·-- '"·· until completed The State of North Carolina. If4 T§ agreed that the coverage as s·tated shall not be cancelled or changed u~~t~~f'ive days after written notice·by registered mail of such termination or ifteration has been sent to the State of North Carolina University of N. c.- at c ltS!pth!liiJ!~li!n of the Company that if the above policy be cancelled ~by the Company during its term,, . . days' · written notice prior· to such cancellation will be given to . · . ·· . '•' MISC. 185 .Countenigned :rP~ j ·''. '·.I' . I tltNSURANCE CONTRACT ~ For'" No. 80-2 Nol'th Corolino (6-59) BUILDERS' RISK COMPLETED VALUE FORM (for Use in Writing Fire or Fire With Extended Coverage) Attocheq to ond forming part of Policy No. 2IM 217693 of the Pransamerica · Insurance· Company ... · . . . . · Name of Insurance Com'JZ:an · · ~ Issued at its Greens.boro North Carolina Agency. ' . D~~e ~,·'~,;;;r:...lo!L::-------19 66 ·. City or Town '/ ,_ / · .,._._,;.L. zr-i~~ . vv-c--/~& --....:..:=;_;::_::=o.=__.,.__c_.LL.-::..=...::::_:._.:;_,__ "4-. ..:.....-. --Agent. I. This policY being for the Provisional Amount of $,~8<rl06'17r-1ril3~9,_.2$-----'--i being--l"-"'0~(),.. ------~...,._.,......,..% of the total amount of contributing insurance, C~lVers on the story-roof AAA building or structure, while in course of construction, including foundations, additiOflS, attach- ments, and all perrylqnent fixtJJres belonging to and constituting a port of said building or structure, qlso machinery if. the cost is in- cluded in the co~troct, to be-occupied as Ambulatory Patient Care :Fac ilitf University.of North Carolina at Chapel Bill. all while situated-,-.----'-,-~------------------------------------,...:_ _ __._;,... __ _ Here Give Street Number, or Lot or Block Number or Township, Section and Range . , I . City ) Town { of~·~c~h~a!..t;p,!..:e~l~H"'-'i~l'-'!!l.__ __ .,.----------------,.----:t·tate of North Carolina. subject to the following provisions .and stipulations. 2. This policy olso cov'i)rS temporary structures, materials, equipment and supplies of all kinds incident .to the con~tructioli of said building or structure and, when not otherwise .covered by insurance, builders' machinery; tools and equipment owned by the Insured or similar property of others for which the Insured is legally liable, all forming a part of or contained in said building Gr struct1.1re, tem- porary structures, or on vehicles, or in the open anywhere on the premises described and if located outside the premises, within 1 OQ feet of the above described building. ·· ·· · · · · · · 3. THIS POLICY AI,.SO COVERS THE INSURED'S SUB-CONTRACTORS LOSS, IF ANY,.TO BE ADJUSTED ONLY WITH AND PAY- ABLE TO THE Jf\ISURED, FOR ACCOUNT QF WHOM IT MAY CONCERN. 4. Loss fayable <;laus~Loss, if any, to be ·adjusted only with the Insured named herein and poyqble to the Insured ondl~-.,..;...-_,_. as their respective in.terests may appear, subject, nevertheless, to ol I the provisions • and stipulations of the polic;y. 5. Occupqncy Clause-It is ma~e a condition of this insurance said electrical appliances or devices !including wiring) caused bY that the premises shall not be occupied without notification to this electrical currents artificially generated unless fire ensues, anq if Company and proper rote adjustment endorsed hereon; except that fire does ensue this Company shoJI be liable only for its proportion machinery may be set up and operated solely for the purpose of of loss caused by such ensuing fire. testing the some. without prejUdice to this policy. 6. Coinsurance Clause-The amount of insurance stated in this policy is provisional. It is a condition of this insurance, where- in the rote and premium are based on on overage amount of lia- bility during the period of construt;tion, that at any dote while this policy is in force, the actual amount of insurance hereunder is that proportion of the ·provisional amount that the actual cosh value of the described property on that dote bears to the actual cash value at the date of completion, but shall not in any case exceed the provisionc;~J amount, anc;l; In consideration of the reduced rote at which this policy is written, it is a condition of this insur~mce that in the event of loss, this Company spoil be liable for no greater proportion thereof than the provisionol amount of insurance under this policy bears to the actual cash value of the described property at date of com- pletion. If this policy be divided into two or more items, the fore· going shall apply to each item seporately. 7. Breach of Warranty-If this policy covers two or more buildiniJS Or the COntentS of twa or more buildingS/ the brecich of any condition or worronJy of the policy in' any one or more of the buildings insured or c;ontaining the property insured shalf not prejudice the rigl')t to recover for. Joss occurring in any building insured or ccmt<:Jinin~ the prqperty insurec:J, where at the time of loss a breach of cqndjtion or warranty does not exist. 8. Debris Rinnovoi_,.This insurance covers expenses incurred in the r!lmovol of all d!i!bris pf the property covered hereunder which may be occ;osioned by Joss caused by any of the perils insured against in this policy. However, the total liability under this policy for both loss to property and removal of debris shall not exceed the amount of insurance applying under this policy to the property domoged or destroyed. This Company shall not be liable for more than the pra(!)Ortion of such debris removal .expense as the amount of inswance under this policy bears to the totql amount of insurance on the· prop!lrty covered hereunder, whether or not all such insurariC!! includes this clause. Unless liability is o~herwise specifically ossurn'i)d py endorsement attached hereto, th1s Com- pany shall not be liobl!! for. debris removal expense occasioned by the enforcement of OI"'Y state or municipal law or ordinance which necessitates the demolition of any portion of a building covered hereunder which has or hos not suffered damage by any of the perils. insured og 0 inst. If this policy covers on two or more items, this clause shall apply to I)OC:h item separately. Debris removal expense shall not be considered in the determination of actual cosh value in the application of th~ Coinsuronce Clouse, if any, made a port of this policy. I 0. Exclusions-This insurance does not cover on motor vehl1:les, boots and aircraft. II. Fire Protection-In consideration of thl!l rate at which this policy ~ written it is stipulated that the Insured shall eJtercise dul!l diligence in maintaining in complete working order all equipment and services, installed for the detection, prevention and ·extinguish- ment of fire in the property covered by this policy and under the control of the Insured. It is further stipulated thot no change shall be mode in any sprinkler system, its water or chemlcol sul)plies, or any watchman service unless immediate notifit:ation is g.iven to the North Carolina Fire Insurance Rating Bureau. · · 12. Liberalization;....Jf during the pe-riod that inswoncE;l Is in· force under this policy, or within 45 days prior to the inc;.eption date thereof, on behalf of this Company there be filed with, and approved or accepted by the insurance supervisory authorities, in conformity with low, any forms, endorsements, rules or regulations by which this insurance could be extended or. brgad'i)ned, without additional premium charge, by endorsement or substitution of form, then such extended or broadened insurance shall inure to the benefit of the Insured hereunder. qs though such endorsement or substit1.1tion of form hod been mode. 13. Loss Clause-Any Joss hereunder $hall not reduce the amount of this policy. 14. Nuclear Clause-The word "fire" in this policy or endorse- ments · attached hereto is not intended to qnd does not embrace nuclear reaction or nuclear radiation or rodit;Jactive contominqtlon, all whether controlled or uncontrolled, and Joss by nu~;leor reaction or nuclear radiation or radioactive contamination is not intended to be and is not insured against by this policy or ·soid endorsements, whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contribu.ted to, or 9ggrovoted by "fire" or any other perils in5ured against by this POlicy or sqid endorsements; however, subject to the foregoing ond all provisionS~ of this policy, direct loss by "fire" resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured qgoinst by this. policy. 15. Waiver of Subrogation-It is understood arid agreed that this .insurance shall not be invalidated should the Insured waive in writing prior to loss any or all rights of recovery against any party for loss or damage occurring to the pr0perty described herein or affected thereby. 16. · Warranties i.n Permit-This policy shall not qe voicled by failure of the Insured to comply with .any of the warrcmties o~ conditions endorsed hereon, in any portion of the premises over which the Insured has no control. · 9. Electrical Apparotus.,......Jf electrical appliances or devices 17. Work and Materials Clause-Permission granted to do such (including wirin~l are cov'i)red under this policy, this Company work and keep and use such materials as ore usual in the erection shall not be liable for any electrical injury or disturbance to the and completion of ·such buildings. · · · THE pROVISIONS PRINTED ON THE REVERSE SIDE OF THIS FORM ARE HEREBY REFERRED TO AN£> MADE A fART HEREOF. NOTE TO AGENTS: When it is desired to eliminate from coverage foundations which are below the ~nd~r surfoee of the ~west bas!:ment fioor; or othev Coinsurance e_xc;lusions, as permitted by th.e published rules, the form may be so endors~d. EXTENDED COVERAGE (Perils of Windstorm, Hall, Explosion, Riot, Riot Attending a Strike, Civil Commotion, Aircraft, Vehicles, Smoke, Except as Hereinafter Provided) (Applies only In consideration of Additional Premium shown on the first page of this policy) . In consideration of the premium for this coverage shown an the first page of this policy and subject to provisions and stipula- tions (hereinafter referred to as "provisions") herein and in the policy to which this Extended Coverage is attached including riders, and endorsements thereon, the coverage of this policy is extended to include direct loss by WINDSTORM, HAIL, EXPLOSION, RIOT, RIOT ATTENDING A STRIKE, CIVIL COMMOTION, AIRCRAFT, VEHICLES AND SMOKE. . This E"'tended Coverage does not increase the amount or amounts of insurance provided in the policy to which it is at- tached. If this policy covers on two or more items, the 11rovisions of this Extended Coverage shall apply to .each item separately. Substitution of Terms: In the application of the provisions of this policy; including riders and endorsements (but not this Ex- tended Coverage), to the perils covered by this Extended Coverage wherever the word "fire" appears there shall be substituted therefor ):he peril involved or. the loss caused thereby, as the case requires. Apportionment Clause: This Company shall not be liable for a greater proportion. qf any lass less the amount of deductible, if ony, fro'!" oriy peril or perils i'ncluded in this Extended Coverage than (I) the amount· of insurance under this policy bears to the whole amount of fire i.nsurance covering the property, or which would nave covered the property· except for the existence of this insurance, whether collectible or nCit, ond whether or not such other fire insurance covers against the additional peril or perils insured hereunder; (2) nor for· a greater proportion of any loss less the amount of deductible; if any, than the amount hereby insured bears to all insurance, whether colledible or not, covering in any manner such loss, or which would have covered such loss except for the existence of this insurance; except if ony type of insurance other than fire extended to cover additional perils or windstorm insurance applies to any loss to which this insurance also applies, or would hove a-pplied to any such loss except for the existence of this insurance, the limit of liability of each type of insurance for such loss, hereby designated as "joint loss", shall first be deter- mined as if it were the only insurance, and this type of Insurance shall be liable for no greater proportion of joint loss than the limit of its liability for such lass bears to the sum of all such limits. The liability of this Company (under this Extended Coverage) for such joint loss shall be limited to its proportionate port of the aggregate limit of this and oil ather insurance-of the some type. The words "joint loss", as used in the foregoing, mean that portion of the Joss in excess of the highest deductible,· if any, to which this Extended Coverage and other types of insurance above referred to both apply. Nuclear Exclusion: Loss by nuclear reaction or nuclear radia- tion or radioactive contamination, all whether controlled or uncon- trolled, is not insured against by this Extended Coverage Endorse- ment, whether such loss be direct Or indirect, proximate or remote, or be in whole or. in port. caused by, contributed to, or aggravated by· windstorm, hail, explosion,· riot, riot attending a strike, civil commotion, aircraft, vehicles or smoke; and nuclear reaction or nuclear radiation or radioactive contamination, all whether con- trolled or uncontrolled, is not "explosion" or "smoke". War Risk Exclusion Clause: This Company shall not be liable for loss caused directly or indirectly by (o) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack, · (I) by any government or sovereign power (de jure or de facto), ·or by any authority maintaining or using military, naval or air forces; or' (2Jo· by militciry, naval or air forces; or (3) by an agent of any such government, power, authority or forces, it ·being under- stood that any discharge, explosion or use of any weapon of war employing nuclear fission or fusion shall be conclusively presumed to be such o hostile or warlike action by such a government, power, authority or fo.rces; (b) insurrection, rebellion, revolution, civil wor, usurped power, or action taken.:by governmental authority in hindering, combating or defending. against such an occurrence. Water Exclusion-This Company shall not be liable for Joss caused by, resulting from, contributed to or aggravated by any of the following- (o) flood, surface water, waves, tidal water or tidal wave, overflow of streams or other bodies of water, or spray from any of the foregoing, all whether driven by wind or not; (b) water which backs up through sewers or drains; , (c) water below the -surface. of the ground including th:af · · which exerts pressure on or flows, seeps cir leaks through sidewalks, driveways, foundations, walls, basement or other . floors, ot through doors, windows or any other openings in such sidewalks, driveways, foundations, walls ·or floors; unless loss by fire or explosion ensues, and this Company shall then be liable only for such ensuing loss. Woiver of Policy Provisions: A claim for loss from perils included in this Extended Coverage shall not be bo~red because of change of occupancy, nor because of vacancy or unoccupancy. Loss Deductible Clouse: It is a condition of this Extended Coverage, that, in accordance with the provisions hereinafter con- tained, the sum of Fifty Dollars ($50) shall be deducted-from the amount of loss resulting from eoch windstorm or hailstorm. This condition shall apply seporcitely to each building or structure and separately to personal property in the open at each location. This company shall be liable for· its proportion of the loss in excess of Fifty Dollars ($50) deducted in accordance with the apportionment provisions of this Extended Coverage. This Loss Deductible Ciause does not apply (I) to contents contained in any building, (2) to outside radio and television antennas. and aerials, including their masts, towers and attachmc'nts or ·(3) to insurance covering Addi- tional Living Expense, Rents, Leasehold Interest; Profits and Com- missions or Consequential Loss. Provisions Applicable Onl.y to Windstorm and Hail: This Com• pony shall not be liable for less caused directly or indirectly by (a) frost or cold weather or (b) ice (ather than haill, snow or sleet, whether driven by-wind or not. This Company shall not be liable for loss to the interi.or of the building or the property covered therein caused, ·(a)' by rain, snow, sand or dust, whether driven by wind or not, uhless the building covered or containing the property covered shall first sustain on actual damage to roof or walls by the direct force of wind or hail and then shall be liable far loss to the interior of the building or the property covered therein as mciy be caused by. rain, snow, sand or dust entering the ·building through openings in the roof or walls made by direct action of wind or hail or (b) by water from sprinkler equipment or other piping, unless such equipment or piping be damaged os a direct result of wind or hail. Unless liability therefor is assumed on the first page of this policy by separate and specific item(s}, or by endorsement hereon, this Company shall not be liable far damage to the following prop- erty: (a) grain, hay, straw or other ·crops outside of buildings; (b) windmills, windpumps or their towers; (c) crop silas, (or their contents); (d) cloth awnings and their frames, signs, metal smoke~ stacks; (e) outside radio and television antennas and aerials' includ- ing their masts, towers and attachments, or (f) trees, shrubs or plants. Provisions Applicable Only to bplc:ision: Loss by explosion shall include direct loss resulting from the explosion of accumu- lated gases or unconsumed fuel within the firebox (or combustio.n chamber) of ony fired vessel or within the flues or passages which conduct the gases of combustion therefrom. ·However, .this Com- pany shall not be liable for loss by explosion, rupture or bursting of: (a) steam boilers, steam pipes, steoni turbines or steam engines; or (b) rotating ports of machinery caused by centrifugal force; if owned by, leased by or actually operated under the. cdntr.ol .o.f t.he Insured. The following ore not explosions within the intent or mean- ing of these provisions: (a) Concussion unless caused by explosion., (b) Electrical arcing, (c) Water hammer, (d) Rupture or bursting of water pipes. Any other explosion clause made a port of this policy is superseded by this Extended Coverage. Provisions Applicable Only to Riot, Riot Attending a Strike and Civil Commotion: Loss by riot, riot attending o strike or civil commotion shall inciude direct loss by acts of striking employees of the owner or tenant(s) ot the. described building(s) while OC" cupied by said striking employees and shall also include direct loss from pillage and looting accurfing during and . at. the imc mediate place of a riot, riot attending o strike or civil commotion. Unless specifically endorsed hereon in writing this Company shall not be liable, however, for loss· resulting. from · dom_oge . to or destruction of the described property owing to change i.n 'tempera~ ture or humidity or interruption of operations whether or . not suCh loss is covered by this policy as to other perils. · Provisions Applicable Only to Lass by Aircraft-and Vehicles: The term "vehicles", os used in this Extended Coverage, means vehicles running on land or tracks but not aircraft. Loss by aircraft or by vehicles shall include only .direct loss resulting from actual physical contact of an aircraft or a vehicle with tile property cover- ed hereunder or with the building containing the property covered hereunder, except that loss by aircraft includes· direct loss by ob- jects foiling therefrom. This Company shoJI nat· be liable, however, for loss (aJ. by pny vehicle owned or operated by the Insured or by any tenant of the described premises; (b) by any vehicle to fences, driveways, walks or lawns; (-c) to any aircraft or vehicle including contents thereof other than ·stoc·ks .of .aircraft or vehides in process of manufacture or for sale. Provisions Applicable Only to Smoke: The term "smoke" as used in this Extended Coverage means only smoke due to a sudden, -unusual and faulty operation of ony heating or cooking unit, only when such unit is connected to· a chimney by a smoke pipe or by a vent, ·and while in or on the premises described in this policy, excluding, however, smoke from fireplaces or industrial. apparatus. CAUTION WHEN THIS ENDOR~~MENT IS AJTACI-JED TO ONE FIRE POLICY, THE INSURED SHOULD SECURE LIKE COVERAGE ON ·AU FIRE POLICIES COVERING THE SAME PROPERTY. _ Special North Carolina Endorsement-Warranties: It is agre1id tho~ wherever the word 'warranty' or 'warranties' appears in the policy or any endorsement thereon or attachment thereto the same is hereby changed and amended to read 'representation' and 'repre- sentations' respectively. ' (80-2-6-59) ·ll e e ...... ~ • • ATTACH PROPERTY DAMAGE AND BUILDER'S RISK INSURANCE CERTIFICATES HERE • APPROVAL OF ATTORNEY GENERAL CONFORMED COPY CERTIFICATE BY THE DEPARTMEh~ OF ADMINISTRATION Provision for the payment of money to fall due and payable by the under this agreement has been provided for by allocation made, and , is available for the purpose of carrying out . this agreement. This /7 ~day of ~~' 19 p;~ Signed: __ ~~~~~~~/7.1~~~·~--------~t)5'"~ ' ~ ·.~ IU '