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HomeMy WebLinkAboutS Purchasing - Brooks General Contractors West Ten Soccer Center Phase II(,'ORLEY REDFOOT ZACK, aac. 81D TABULATION WEST TEN SOCCER CENTER -PHASE 11 Orange County, North Carolina Project X0421 3:00 PM, November 27.2007 CONTRACTOR License No. 5°/a Bid Bond Minority Bus Forms Add Recd 1,2 ASE BID ALT. d+1 Laminated Wood Shelter Bar Construction Co. 7973 yes yes yes $1,691,400 836,D00 Bordeaux Construction 9266 yes yes yes $1,777,270 537.896 Brooks General Contract 1376 yes yes yes 51,621,333 539.600 Fabco Construction 42058 yes yes yes $1,771,123 527,745 Haymes Brothers no bid Heaton Construction 47626 yes yes yes 81,847,000 $26,000 H. M. Kern Corp ~ 8542 yes yes yes 51,712,160 538,650 McQueen Construction no bid H. F. Mitchell 1007 yes yes yes 81,722,630 840,350 Mountain Creek Cont no bid Triangle Grading no bid D, W. Ward Construction 7244 yes yes yes $1,705,886 832,979 S. T. Wooten Corp. no bid ,.:.~a+++11r~rrr~s r Bids as shown above, retmived at 3:00 PM, November 27, 2007, have been PE and validated and are hereby certified as correct - Ca m ~'~.. `~ , j~i~' r• ° ~ ~! r )r'~ '" F ~~J s , a ~~ `~ m ,,: .`.P~i..~_..~ ~~\~ 111 0 CORLEY REDFOOT ZACK ~. A RCHITECI'S • ENGtNbERS • PLANNERS GLENN D. CORLEY, AL4 President, CEO KENNETH E. REDFOOT, AIA Vice President MARK ZACK, AIA Vice President MICHAEL L. HAMMHRSLfiY, PE Principal LAURENCH W.HUNCH,AL4 Associate ANDRHW R. CRUICKSHANK, AIA Associate CHARLENE E. HANLEY, AIA Associate DAVID M. TAYLOR, AIA Associate HARRY M. jENSHN Assoriatc KENNETH E. SMITH ASSOCiatC PO Box 2368 Chapel Hill, NC 27515-2.968 222 Cloister Coart Chapel Hill, NC 275143212 YEARS November 27, 2007 Ms. Pamela K. Jones, Director ~ „ • Purchasing & Central Services ° ' ' ~' '~' "':' Orange COUnty P. O. Box 8181 1fV`;~ Hillsborough, NC 2727$ RE: West Ten Soccer Center -Phase II ' " Orange County, NC ... . C12Z #0421 BID TABULATIpN Dear Ms. Jones: On Tuesday, November 27, 2007, at 3:00 PM, bid proposals were received by the County of Orange for the above-referenced project. Eight bids were received. Please see the attached certified Bid Tabulation. The apparent low bidder for the project is Brooks Lumber Company, Inc., dba Brooks General Contractors, of Greensboro, NC, with a Base Bid of $1,621,333 and a cost of $39,600 for Alternate #1, the laminated wood shelter. We have attached a copy of t'~eir proposal. We recommend that Orange County accept the proposal from Brooks General Contractors for a total contract of $1,660,933.00. If further information is required, please~t me know. S' erely, i ael a ley, PE 0121-bla.ra2; Enclosure (919) 401-8586 Telephone {919) 49'3-7306 Fax www.corleyredfootzack.com 0 WEST TEN SOCCER CENTER Pad 1 Sprigged in August 2007 Pad 3 with cover crop, to be sprigged in May 2008 Pad 2 sprigged in August 2007 Perimeter fencing -complete . •° , . FORIVI OF CONSTRUCTION CONTRACT (SINGLE PRIME CONTRACT) ,a-~i_ a ~ ~' THIS AGREEMENT, made the thirteenth day of December in the year of 2007 by and between Brooks Lumber Company. Inc., dba Brooks General Contractors., Henderson, North Carolina, hereinafter called the Party of the First Part and Orange County.. 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: 1. 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 hereto and made a part thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions; Supplementary General Conditions; specifications; accepted proposal; contract; performance bond; payment bond; power of attorney; workmen's compensation; public liability; property damage and builder's risk insurance certificates; and drawings, titled: West Ten occer Center -Phase I I, Orange Co., NC onsis mg o e o owing s ee s: ee covers ee - Dated: October 24, 2007 and the following addenda: Addendum No 1 Dated: 11/13/07 Addendum No. Dated: Addendum No 2 Addendum No Dated: 11 /19/07 Dated: Addendum No Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: 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 Parly of the Second Part and shall fully complete all work hereunder within 180 consecutive calendar days of notice to proceed. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the considerations for the awarding of this contract,. shall fumish to the Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days. If the Party of the First Part fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time above specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work, or shall perform the work unsuitably or shall discontinue the prosecution of the work, or if the Party of the First Part shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Party of the Second Part may give notice in writing, sent by certified mail, return receipt requested, to the Party of the First Part and his surety of such delay, neglect or default, specifying the same, and if the Party of the First Part within a period of ffteen (15) days after such notice shall not proceed in accordance therewith, then the Party of the Second Part shall, declare this contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time frame specified. In the event the surety shall fail to take over the work to be done under this contract within fifteen (15) days after being so notified and notify the Party of the Second Part in writing, sent by certified mail, return receipt requested, 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 have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of said Party of the First Part, to appropriate or use any or .all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said contract according to the terms and provisions thereof or use such other methods as in his opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Party of the Second Part, together with the costs of completing the work under contract, shall be deducted from any monies due or which may become due said Party of the First Part and surety. In case the expense so incurred by the Party of the Second Part shall be less than the sum which would have been payable under the contract, if it had been completed by said Party of the First Part, then the said Party of the First Part and surety shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the contract, then the Party of the First Part and the surety shall be liable and shall pay to the Party of the Second Part the amount of said excess. 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 proposal, in lawful money of the United States as follows_ Summary of Contract Award: Base Bid: $1,621,333.00 + Alt. #1 (laminated wood shelter): $39,600.00. 4. On or before the 20th day of each calendar month, the Party of the Second Part shall make 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 five percent (5%) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this agreement and until such work has been accepted by the Second Party. The Second Party may elect to waive retainage requirements after 50 percent of the work has been satisfactorily completed on schedule as referred to in Article 31 of the General Conditions. 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 with the construction of the work have been paid in full, final payment on account of this agreement shall be made within thirty (30) days after the completion by the First 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 bonds hereto attached for its faithful performance, the Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form 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 written in six (6) counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original contract. Witness: ropne ors ip or a Hers ip Attest: (Corporation ) only) ey: , Title: P r~ ~~nsu~l`~1' (Corp. Sec. Asst. Sec. only) (CORPORATE SEAL) (Owner, Partner, or Corp. Pres. or Vice Pres. Title Title: ~j ~ , ~,~ , FORM OF PERFORMANCE BOND December 13, 2007 Date of Contract: Date Of EXeCUtIOn: December 14, 2007 Name of Principal Brooks Lumber Company, Inc., dba Brooks General Contractors (Contractor) Name Qf Surety: Great American Insurance Company Name of Contracting Orange County, Norfi Carolina Body . One million six hundred sixty thousand nine hundred thirty-three dollars Amount of Bond : ($1,660,933.00) West Ten Soccer Center -Phase II Project KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum .well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached:. NOW, THEREFORE, if the principal shall well and truly perform and. fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required. under. the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made,. notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. ~ :,~. IN WITNESS WHEREOF,. the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its .undersigned representative, pursuant to authority of its governing body. Executed in four (4) counterparts. Witness : (Proprietorship or Partnership) Attest: (Corporation) BY ~ s~ . Title : ~-~p~,l~ J_f"~st ~.Te s` (Corp. Sec. or st. Sec.. only) (Corporate Seal). Brooks Lumber Company, Inc., Brooks neral Contractor [: tractor_ (T de oreoIDOrate Name sy: ~ Title res. or Vice Pres. only) Owner, Partner, or Corp. GREAT AMERICAN .INSURANCE COMP Witness \_ ~ Countersigned Angela sey (N.C. Licensed Resident Agent) Wachovia Insurance Services P.0. Box 220748 Charlotte, NC 28222-0748 Name and Address-Surety Agency (Surety Company) ey:. Title• Angela Ramsey, Attorney-In-Fact (Attorney in Fact) (Surety Corporate Seal) ~r$ Great American Insurance Company 4824 Parkway Plaza Boulevard, Suite 130 Charlotte, NC 28217-1968 Surety Company Name and N.C. Regional or Branch Office Address FORM OF PAYMENT BOND Date of Contract: Date of Execution: Name of Principal (Contractor) Name of Surety: Name of Contracting Body: Amount of Bond Project December 13, 2007 December 14, 2007 Brooks Lumber Company, Inc., dba Brooks General Contractors. Great American Insurance Company Orange County, North Carolina One million six hundred sixty thousand nine hundred thirty-three dollars ($1,660,933.00) West Ten Soccer Center- Phase II KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly. bound unto the above named contracting body, hereinafter called. the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying labor/material in the prosecution of the work provided for in~ said contract, and any and all duly authorized modifications of said contract that. may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties haveexecuted this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate -party being hereto affixed and these. presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in four (4) counterparts . Witness (Proprietorship or Partnership) Attest: (Corporation) Pres. or Vice Pres. only) Title : Sp,~~ (Corp. Se r Asst. Sec.. only) (Corporate Seal) Witness K. Countersigned An¢ela D. Ifamsev (N.C. Licensed Resident Agent) Wachovia Insurance Services P.O. Box 220748 Charlotte. NC 28222-0748 Name and Address-Surety Agency Great American Insurance Company 4824 Parkway Plaza, Suite 130 Charlotte, NC 28217-1968 Surety Company Name and N.C. Regional or Branch Office .Address Bro ) Company, Inc., db Brooks G neral Contractors C ntractor. or orporate Name ) Title (Owne ,Partner, or Corp. GREAT AMERICAN INSURANCE COMPANY (Surety Company) By: ~'j{~e; Angela D sey, Attorney-In-Fact (Attorney in Fact) (Surety Corporate Seal) -: ~ .~ ~ ~ r ~~ f GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than Nine No. 0 17748 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney-in- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power Cameron M. Hams ~ James W. Bland all of all William J. Quinn John D. Leak, III Charlotte, North Carolina $75,000,000 G. Timothy Wilkerson Angela D. Ramsey Wendy E. Lahm Donna K. Ashley Jennifer C. Hoehn This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WI'I'PiESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 14th day of September 2006 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - SS: DAVID C. KITCHIN (513-412-4602) On this 14th day of September 2006 ,before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above ins Wment; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Divisional President, the Divisional Senior trce President, the several Divisional Uce Presidents and Divisonal Assistant tree Presidents, or any one of them, be and hereby is authorized, frotn time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal arul the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affrxed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such .signature and seal when so used ping hereby adopted by the Company as the original signature of such officer and the original sea[ of the Company, to be valid and binding upon the Company with the same force and effect as though manually aff%xed CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect Signed and sealed this 14th day of December ~ 2007 sto2sw (s~o~ Sheet for Attaching Power of Attorney ~~ ACORD CERTIFICATE OF LIABILITY INSURANCE ° DA oe sRO oK 9 01 os PRODUCER THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION Senn Dunn Marsh & Roland, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3625 N. Elm Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 9375 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greensboro NC 27429-0375 Phone:336-272-7161 Fax:336-346-1397 . INSURERS AFFORDING COVERAGE NAIC# INSURED Brooks Lumber Company INSURERA Cincinnati Insurance Co. Brooks General Contractors B k Mill INSURER B: Cincinnati casualty company roo s work Company 302 West Lee Street INSURERc PO Box 3244 Greensboro NC 27402 INSURER D: INSURER E: avverwues THE POUGES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDfTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUGES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CUUMS. LTR NS TYPE OF INSURANCE POLICY NUMBER DATE MlDD/YY DATE MMID LIMITS GENERAL LU161LTTY EAGi OCCURRENCE $ 1 , OOO , OOO A X COMMERCIAL GENERALLL481LITY CPP0864595 07/01/07 07/01/08 PREMISES Eaoccurence S 100,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ cj ~ 000 DEDUCTIBLE - $1,00 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , OOO , OOO POLICY X JET LOC Em Ben . 1, OOO , OOO AUT OMOBILE LU161LTTY B INGLE T ~ t LIMI g 1,000,000 A X ANYquro CPA0864595 07/01/07 07/01/08 ~e ~ ) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (fir person) X HIRED AUTOS BODILY INJURY $ X NON-0WNEDAUTOS (Per accident) X Deductible AOTO LIABILITY- NO DEDUCT PROPFJ3TY DAMAGE $ - (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG S E%CESSNMBRELLALU161LTTY EAGiOCCURRENCE $5 000,000 A X OCCUR ~ CLAIMS MADE CPP0864595 07/01/07 07/01/08 AGGREGATE $ 5, 000, 000 $ DEDUCTIBLE $ X RETENTION $ O $ WORKERS COMPENSATION AND ' X TORY LIMITS ER A EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC2100050-05 07/01/07 07/01/08 EL EACHACGDENT $ 100 OOO ~ OFFICERIMEMBER EXCLUDEJ)9 If i d E.L DISEASE - EA EMPLOYEE $ ZOO , OOO yes escr be under SPECIAL PROVISIONS below E.LDISEASE-POUCYUMIT $5OO OOO OTHER A Builders Risk CPP0864595 07/01/07 07/01/08 Max/Bldg $ 4,000,000 $ 1,000 Deductible Max/Loss $ 4,000,000 DESCRIPTION OF OPERATIONS LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECULL PROVISIONS RE: West Ten Soccer Center- Phase II, Orange County, NC CRZ Project #0421. Certificate holder is listed as additional insured as respects to general liability as required by written contract. Not withstanding the preprinted cancellation provisions on this form, coverages afforded under the policies will not be canceled, reduced in amount nor will any CERTIFICATE HOLDER CANCELLATION County of Orange Po Box 8181 Hillsborough NC 27278 ACORD 25 (2001 C~UNTYl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LUU3ILTTY OF ANY qND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. ~~ Rf.1 ~ G-'~~, 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ,....,..., ~.. ~~,,,, .,,,~ f HOtDF,R CODE . ' COITNTYI. `' ~BRO~K-9` ' PAGE'' ~ ATE 01/D8/08 fter mailing coverages be el~ nated until at'least thirty.P(30)~ys a written notice certified mail return recei t r ested, to the insured and the owner of such alteration or cancellation.