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HomeMy WebLinkAbout1998 S Purchasing - O.C. Mitchell Jr., Inc Skills Development Cent~~~-~9~ Page 134 1996 North Carolina State Construction Manual SECTION 306 FORM OF CONSTRUCTION CONTRACT (ALL PRIlVIE CONTRACTS) THIS AGREEMENT, made the 17th day of February in the year of 1998 by and between 0. C. Mitchell Jr., Inc. hereinafter called the Party of the First Part and the State of North Carolina; through the County of Orange hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Pariy of the Second Part for the consideration herein named agree as follows: ' 1. Scope of Work: T'he 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 dart 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; approval of attorney general; certificate by the Office of State Budget and Management, and drawings, titled: Orange County Skills Develovment Center, 503 W. Franklin St.. Chagel Hill, NC `~f t Consisting of the following sheets: cs1. C1-C2, Ai=A10, ~'PEO. 1, P1.1 -P3.1, FP1:1, Ml-M'i. El.l-E4.1 Dated: October 17, 1997 and the following addenda: Addendum No . ~_ Dated 11 / 10/97 Addendum No . Dated Addendum No. 2 Dated 11/14/97 Addendum No. Dated Aodclenddum No. 3 Dated 02/23/98 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 Parry of the Second Part and shall fully complete all work hereunder within 210 consecutive calendar days from said date_ For each day in excess thereo qur es 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 furnish 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 North Carolina State Construction Manual 1995 Page 135 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 fifteen (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 fi ame 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 ply 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: E' H ndred six thousand three hundred .fort dollars C 806, 3+0.00 ) . Summary of Contract Award: 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 Fast Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Parry, 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 wive 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 Page 136 1995 North Carolina State Construction Manual 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 Parry. IN WITNESS WHF,REOF, the Parties hereto have executed this agreement on the day and date first above written in -four 4 counterparts, each of which shall without proof or accounting for other counterparts, a eem an original contract. Witness : 0. C. MITCHELL, JR. , INC. Contractor: (Trade or Corporate Name) By ~ It 1 1~~~ ~{, C~~ , 0 ~ u. J {Proprietorship or Partnership) ~~T Attest: (Corporation) Title: President (Owner, Partner, or Corp. Pres. or Vice Pres. only) B Y ~ ~17 ~~c /1(. `~1~c1c~ Title: Corporate Secretary 4Corp. Sec. or Asst. Sec, only) (C;ORPORATE SEAL ) witness: The State o~tNorth Carolina through By: :/~o/r 1/V ~ ~~; ORANGE CAUNTli Title: ~p OF COMMI8910NL'RS ~, BOND N0. U280 2018 1Vorth Caro)~na Stat Construction anu l 1993 Pale 13'1 Fox'm OC= 13 BECTTON 307 FORM OF PERFORPtANCE BOND l~ Date of Contract: February 9#, 1998 ~ Date of Execution: February 25, 1998 Name of P7Cincipal: O. C. MITCHELL, JR. , INC. tContxactor) 1411 S. Miami, Blvd., Durham, NC 27703 Na7Re of Surety: UNITED PACIFIC INSURANCE COMPANY 7520 E. Independence Blvd., Suite 140, Charlotte, NC 28227 Name of Contract ing Body: STATE OF NORTH CAROLINA; THROUGH THE COUNTY OF ORANGE 132 E. King Street, Hillsborough, NC 2727 Amount of Bond: $806, 340.00 Project: Orange County Skills Development Center 503 W. Franklin Street, Chapel Hill, NC KNOW .ALL IvZEN BY TI-1FSE PRESENT'S, 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 sutra of the amount stated above for the ppayment of which sum well and truly to be made, w•e bind, ourselves, our heirs, executors, adnun~stratots. and successors, jointlyand severally, firmly by these presents. T:'f~ CONDITION Olr THiS OBLIGA'ITON IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached: NOW, Tf~REFORE, if the principal shall we[1 and truly perform and fulfill all the undertakings, covenants, terms, condiL~ons 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 er without notice to the surety, and darer the life of an aranty re aired under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, ternts, conditions and agreements of any and all daly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, thrs obligation to be void; otherwise to remain in full force and virtue. Page 138 North Carolina State Construction Ma~aal ]09~ IN WT~Nl:?SS WHEREOF, the above-bounden parties have executed this instrunnent under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these prestnts duly signed by its undersigned represeutat~ve, pursuant to authority of its governing body. Exeouted in four (4) counterparts. Witness: 0. C. MITCHELL, JR., INC. Contractor: (Trade or Corporate Name) (Proprietorship ar Partnership) , Attest: (Corporation} Title: President (Owner, Partner, or Corp. •Pres_ or Vice Pres. only) By : ~mdrsl'e•~~~ r k Title: Corporate Secretar~_ (Corp. Sec. or Asst. Sec. only} w~.tnes s (Corporate Seal UNITED PA IC RANCE COMPANY BY= Title:. H. Thomas Dawkins (Attorney in Fact} (Surety Corporate Seal) The Bond Network, Inc. P. 0. Box 6054, Charlotte, NC 28207 Name and Address--Surety Agency United Pacific Insurance Company 7520 E. Independence Blvd., Suite 140 Charlotte, NC 28227 surety Company Name and N.C. Regional or Branch Office Address n. invmas liawKins (N.C. Licensed Resident Agent) BOND N0. U280 2018 North Carolina State C'onstn~ction Mani:at 193 Pie 139 Form OC-10 SECTION 30& FARM OF PAYMENT BOND pate of Contract: February 2~ji;~1998 Date of Execution: February 25, 1998 Na]ue of Principal: 0. C. MITCHELL, JR. , INC. (Contractor) 1411 S. Miami Blvd., Durham, NC 27703 Name of Surety: UNITED PACIFIC INSURANCE COMPANY 7520 E. Independence Blvd., Suite 140, Charlotte, NC 28227 Name of Contracting Body: STATE OF NORTH CAROLINA; THROUGH THE COUNTY OF ORANGE 132 E. King Street, Hillsborough, NC 27278 Amount of Bond: $806,340.00 Project: Orange County Skills Development Center 503 W. Franklin Street, Chapel Hi11, NC KNOW AI.I. MEN B'Y 'I`HESE 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 abave for the ppayment of which sum well and truly to be made, we bind ourselves, our hears, executors, admFrustrators, and successors, jointly and severally, ~rnily by these presents. T'HE CONDITION OF THIS OBLIGATION IS SUCH, tiaat whereas the principal entered into a certain contract with the contracting body identified as shown above and hereto attached NOW, THEREFOR, if the princppal shall promptly make payment to all persons supplyingg Iabor/material in the prosecution of the work provided for m said contract, and any and all duIy authorized modifications of said contract that may hereafter be .made, notice of which mod~catiorts to the surety being hereby waived, then this obligation to be void; otherwise to remain iu. full force and virtue. IN WITLESS VVHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated abave, the name and eo orate seal of each corporate party being hereto affixed and these presents duly signed by its undezsigned representative, pursuant to authozity of its governing body. Executed in four (4) counterparts. Witness: 0. C. MITCHELL, JR., INC. Contractor: (Trade or Corporate-, Nate ) By: (Pzopr~etorship or Partnership Attest: (Corporation) Title: President ~e 140 North Ca olina State or}stnartion Manual 1893 _ (Owner, Partner, or Corp. Pres. or Vice Pres. only) sy ~ ~'.~~~aa1K- ~'atk Title: Corporate Secret ry (Corp. Sec.. or Asst. sec. only) WitriBSe: I ` (Corporate S1) UNITED PACi~~J~SU CE COMPANY gy: iw- T itle: H. Thomas Dawkins (Attorney in Fact) (Surety corporate Seal} The Bond Network, Inc. P. 0. Box 6054 Charlotte, NC 28207 Natae and Address-Surety Agency United Pacific Insurance Company 7520 E. Independence Blvd., Suite 140 Charlotte. NC 28227 Surety Company >[JamQ and N.c. Regional or Branch Office Address n. iu~ma5 LdWK1IIS (N.c. Licensed Resl ent Agent) R~LiANCE SURETY COMPANY RELIANCE IIYSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELtAIYCE NATIONAL NDEMNTTY COMPANY AOM)NISTRATIVE OFFlCE, PtiILADELPHU, PENNSYLVANIA POWER OF' ATTORNEY KNOW All MEN BY THESE PRESEN?^s, that RELIANCE SURETY. COMPANY is s corporation-duly organized under the laws of the Stste of Del- aware, end that RELIANCE INSURANCE COMPANY end UNITEp PAIGIFiC INSURANCE COMPANY, are ccrPorations duly orpartizad under the laws of the Commonwealth of Pennsylvania. end that RELIANCE NAT10NAl INDEMIM!?Y COMPANY is a cryrporatioa duly orgsrtizsd under the taws at the State of Wisconsin Ifisrsin coltsctiveiy Called "the Contpaniss") srd that the Companiet by virtue of signature and seals do hereby make, constitute and appoint H. Thonrae Dowkkn., of Charifnte, North Pafflllfla their true sad IaVlrfu! Attornsyls)-in•Fsct, to mdca, execute, sasl and deliver Por and on their bsha)f, end ae their act and deed arty and sN bonds. and undartaklnyp of awatyshp a~a to bind the Comparwss thereby ae fully and to the same extent as if such bond• and undertakings and ocher writings obligstory in the nature thereof wen signed by sn Exacutiw Officer of the Companies end sued and.- attested by one other of such officers. aid hereby' verifies srd confirms ail. chef chair said Attornsyls)-in-Fact may do in pursuance h~rwf. This Power of Attorney is granted under end by the suthfuity of Anlfde VII of the 8yLaws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITEp PACIFlC INSURANCE COMPANYr sfd RELIANCE NATIt?NA{. INDEMNITY COMPANY which provisions ere now in fu0 force and sffeot, reading ar follows: ;wncct va • FaczctmoN of eorfosnrro urtotatrAxtnos 1. Ttr seal er oiteas«.. tlca Prwidwct. efrCttaiftnan afeha sew, any lwtiatviw kaaidatr. atcy v1oP Pnridw+t er Aawpantyla~ Maaadwr er sel+ar affiwr aaegnatd sy w lewd. et Oiraotera ahaP have Pews and acNterittr to let ePPeint AttarnprUFie-Feat std is authense tMm to axeou[p art bNtaN of trta Canpeny. bends wd vdMaetatircle, raeaersaani:ea, ewwaad of indam+rry ant atl+w writitge ePYaatery in the nettre drreof, and lbl td ramew any scrub AttartryUFir-foat at wry tlnte and rwalia err Fewer and awiwittr piren to a+atw. Z. AttemeYbl-itt-Feat alul Mw power and wtiMritV, tubieee to tfu termP rN IimitPbat~P M thti Peww of AttatttPCl! ieetwl to tlMm. to exe~fte aiii~w an 9eh.it of cM Carneany. bonds and ucdartailinge, raeapcisat+uaa, eoraraeee d irdattttrtY end' ethw writi+ge abli/warY m tfr nature. eMraar. 1?ia serpwaN seal ie rtol rraaaeattr for tM validity er any bads end tedartafurp. neeprtitanaae. eeneraep d irtdatn,tity and otM- wtitit+le eblgatery M rho nattar~ tMtea/. 3. Attarnwlal~arFaet ahal have Oaww atdaudterity to sxaet~Re akdwits +e~wed to M ansohed is batcda, raeopNaanoaa..eanvoota of iMwrlrtity w ethN eenditienal er oWpwary urxlwtakirge and they shall alas haw Power std authority t0 eereih ttw Rnanaiaf statarnent o/ tlta Cettcpww std t0 rapiers/ thrlWt•wa d tlr CatnPatty or any artieN w section thweof. Thin Power el Atterr+alf H sienad and sealed by faaimiN order and by aiM+arial of eM /ullewitq raaehrnan aalopta4 by tM &aaAitre and Fstwcae Cummett~ae of clr /awde of O'aeeters sf Rslieneo Irruratre ComPiny, Unead PadMe InaUranae Cemparty std Naiiartoa Natlonel trdantrsty.tartiparry by Unanirnale.Corrnd-dated MaffabVwy 2a. 19114aM'by tM 8xarxaiva and finandal CanmittaP e/ the leant d t)fnatatP of tiaNwtoa Suraay Company by Unartimeue Current detadr sf Ma-M 31. t 114. 'NsaelvM Nat e!r r d auah dinetat and efMeare arcd the say of the GampwW may beeMxad a anlrtsxA Pswursf Attemay a atwtrrtiNeatw raisprp errata by faoeimile.and arty attah Paear of Atterrry a O~rAfleate beeline-shah faesftniM agnatVM ar faasbtaM seal shah br veld erd Oir+dit>0 uPan iM CotnprM err any suelt Pewsr w axaaaad and prtiftad by teain+iia eipnrerne ant taeaNt+iM seal Mtal M rslid arld b'Ndiq uYer\ tYas CatnOarM. in tats futtre wNrt reapret to arrr bend or urdwtakirp to wttitlt it is attacl+ad.' IN WITNESS WHEREOF, the Companip hays csuaed these presents fo bs signed ard'thdr corporate seals to be hereto affixed, this l+abruary 1, 1998. ItELfANGF 5U1tJrTY COMPANY a ~ RELIANC1iE WSLfRhNCfi COMPANY `~ ~+ p .rrwe~,~ ,A ~agaa~ w~,s IJNIt'ED PACIFIC ENSURANCfi COMPANY ~ ~StM.R i ~ ~ .~ +~ "" e* +L 4~?~{ ~f-~C$ NA110NAL I1+3DIIyNRY COMPANY w` ~ SCI. ~' t. aaa ~ar)r i r w '" il,f~ ~ i~%~~,, ~t,awf+ ~* rz~ ••*~ ~~ 'kaaa~e~- STAT£ OF PenmylVania t COUNTY OF Philaddphia ) ss. On this, February 1, 1998, before ms, Vakurois Wonftsm, personally eared David T. Aksin, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company. artd'ths Vies'PrssidsntReliance Insurance Comprlrny, United Aacific Insurance Company, and Reliance National Indemnity. Company and that as such, bfrinq`authonzsd to do so, executed the foregornq instnrmsnt for the. purpose therein contained by signing the name of the corporation by himself as its duly suthonzsd officer. In witness whereof, I hereunto set mY hand andofficid sad. K, v t ncia Wort amSNo arY Puh'i~ ! pF ~Z ~ ~~~J r -~~- V~ (Z/Y'r~-`-~ ae Philadfllphis. Phlladelphta COUniy Notary Public in and for the Stets of Pennsylvania My ~mtnissicn Expires NOV. 18. ZOGI, ~ ~ ~ Residing at Phiisdelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMRANY, .UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify thsrthe above arM foregoing ie a .true and correct copy cf the Power of Attorney executed by said Companies, which is still in fuN force and effect IN WITNESS WHEREOF, I have hereunto sat my hand and affixed the seals of said Companies this 25tbay of Februar 98 ti~ e A *r~ ,{~+ t, tataaa* .~/ ~.paa, .,~ Secrete ~r~4srott+, OL .Y ~ cei ~~`,y,~it+f% i(~n G~• ry / fUw r....r* ACQRD~, ~fRT~~~1~~'~. ~}E.: PReoucot on zaauraace Services, Inc. 3 14-J1 ],forth Duke Street P. 0. 8o7c 15734 DnzhaaL MC 27704- Shirley H _ Lineberry 919-49 -82a2 fuN f~t$~:fTY [~.~~F~`~4~-~`~~ ~`~c`. ~ °"a to' TH LATE IS ISSUED AS A MATTER OF INlIOAMATIO ONLY AND CONFERS NO R~HTS 13POM THE CER7IRCATE HOLDER. THIS CERT~ICATE GOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFftlRDED BY THfa POLICIES BEUIw. COMPANIES AFEORDMICi COVERAGE C0h1~^""' A xtaaovn3r 2asuraaCe Camlpaay IN$IIIIED COMPANY e Caroliaale I-.Q.C. - 0. c. lditchsll, Jr. Inc. COMPANY O.C. >![itcheli, Jr. ~ 1411 S. 1lE:Lam3. HI3111a3V91'C~ COMPANY Dt><rham: 3T+C 27703 p ,:. . .. . TNIS !S TO CEAT(FY TNAT THE POLICES OF INSURANCE Lt$ .. -- BELOW HAVQ BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITNSTANOING ANY AEDUIREMENT. PERM OA CONDITION OF ANY CONTRACT OR OTHER pOCtJMENT WITH RESPECT TO WMK:H THIS CERTIFICATE MAY ~ ISSUED OA MAY PERTAIN, THE INSURA AFFORDED Br THE POLICIES DESCRIBED HEAEIN IS SUBJECT TO ALL TFI>t TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. rn TYPE of nllsuwwcE rouCr IuuaaEn ~p~ u~rrs w ~~ E ~ ~ nr, l T uDO nNe c+Elaen+-Lwa:nr G6rtERALAGGAEGATE a 1, 000, 000. A Y CDMMn3aCIALGC~RAI.uAaiLRr ZDR331301507 0?/01/97 07/DZ/98 PROOUCTs-CDNWNPAGt9 :1,000,000. CLABAS MACt ~ occuw PEASOWALB ADV nv.1uRY 9 500, 000. DwNEas a CowrRACTOR~s vlwT EACH ocCURlasncE a S00 , 000 _ fIAE CAMAGE (Ae1y dw fvot . as0, Do D . MED ocP u-mr ar oKS«v c 005 , 080 . Auroanonal~E LdtERIIY A Z ANr AuTD AHR 3308952 08 07/01/97 07/01/98 coMB~esxaGLE~uarr • 2, 000, 000. ALL o1NNED AUTOS 80DRY ~uRY a sCI+EDuLED ,WrOS ~' ~90^I Y NNED AU7Qq BODILY gdJN11Y a Z MDN-OWNED AUTOS ~'r PROPERiV DAMAGE S WIAeE LfA8B1TY AU7o OM.r - EA ACLIDHnT a ANr Auto arnEa r,+AN Auto oa>tr: - - Sar a E~a + e D A G - w n ~ ~ ` AGr~ItT'E Y EXCE65 LIAg6tIr EACH OCCUMIENCE a uM6REUA FORM AGdREGATE s ORfER f WAN UMBRELLA fpf•rA a WO1Bt615 COMPEN~iATNNI ANO ~InrcarEne~ LlauuTV K T~ A ITS ~ ~ ~. EL EACIi ACCIbEInT a 100000 B THE°a°~1ETOw INCL 1214 PAa1NER$)E)IECLJTlV2 07!01/97 06/30/98 FtOISEASE•POLICruMlr s 500000 ~= acu. ~L D19EASE • EA EMPLOYEE .10 0 0 0 0 A Business Personal ZDR 3313015 07/01/97 07/01/98 >3PP $6,995. Oa thane Sgnip>neat oaccmnoN of t:oarsuoCw mans Project: Oxaa~a Count~yy Skills Devaloprma>, 50 L Canter 3 bleat Yrabklia g Ch l 8 2514 11 ape . , N.C. . ~~ SHOULD ANr of TILE ABOVE oESC:®FD roucM3 sE CANLELaEC THE EXMNATiON DATE TNEAEOF, THii (SCUwO ctlf WNr MM.L aNpEAVOR r0 wLL State o £ ltOrth Carolina Through the County of Osaage i 0 oars wBrrre+l NoTx~ To z>e t:ertlRCr-Tr noL,nsn NAMED r0 THE L~r, 132 Bast King Street wr Panult~ m ~ ~~ NoncE SNAU t>1rOSE No OBiJCAT10N 011 LIAWL(ir Hillaboroagh, ts1C 27278 oc aar Imlo UPON THE conwAalr, ns oA ATRIB. RuTNOeIzEC rn Shi zeY ~::~S1T9s1' ~' m.AC~DAC arm ~ . WdLZ : E 8661 ' E ' 21bW r • ,a G'qF' • nN - North Carolina State Construction Manual 1993 Page 143 - SECTION 309 APPROVAL OF THE ATTORNEY GENERAL CERTIFICATION BY THE OFFICE OF STATE BIIDGET AND MANAGEMENT Provision for the payment of money tQ 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 day of 19 Signed Budget Officer L- -LJ- 1 ~~U 5 - 1 >MI~I f" f\lJl~l Vl~ 1.11 I L.f ICLL. JR. t I Vl.._ ~ 1 ~ X50 ~JUU r _ L Section 305 -Form of Proposal (revised) Orange County Contract: General Skill Development Center Chapel Hill, North Carolina Bidder: 0 . C . Mitchell , Jr . , Inc . " Date: November 20, 1997 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 thaz no other person than herein mentioned has any interest an this proposal or in the contzacc to be entered into; that this proposal is made rogithont 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 without collusion or fraud. The bidder furth8r declares ilsat he has examined the site of the cork and the contract documents relative thereto, and has read all special provisions furnished prior to tbt opening of bids; that he has satisfied himself relative to the work to be perfotzned. The Bidder proposes and agrees if this proposal is accepted to contract with County of Orange, in Hillsborough, North Carolina in the form of contract specified, to ftunish all necessary materials, etluipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of Orange Connri~ Skili Dew~pment Center in full and complete accordance with the plans, specifications and contract documents, to the full and entire satisfaction of the State of North Carolina and Orange County Government, with a definite understanding that no money will be allowed for extra work except as set forth herein and in the General Conditions and Contract Documents, for the sum of: ~R SEPARATE ML7LTr_p~tYtir>H BIDS Basc.Bid: Five hundred forty three thousand fifty one: 543,051.00 F.smnate~` awes Tan included in figure Ten thousand and 00/100 Dollars ($ 10 000 00 ) ,: If AI<T~rrA~Lyo. 1 - " __~ RFttC?n>~•rntr:" is accepted, act (circle one) the stun of: ALTERNATE NO. 1: One hundred forty one thousand three hundred ninety and 00/100 Dollars $ 141,390.00 Unit Price: Provide a twit price complete including overhead and profit for the following:. ` Concrete floor replacement (per cubic yard) Dollars 15200.00 ) Oemo Add $100/sq yd - *: r-T!~~r ? n5 - ~'::? ~! OF PR nr(~~ c T PAGE 1 ~ = i oHri r rtui~i v~, Nl t i l.ntLL. JK. 1 iv~_ y i y oyo y,5au r ~ HEATING. vE .A ON AIR CONDIT'I(1NTNG CQNTRA.cT- Base Bid: Dollars (~ 1 Estimated Sales Tax included in £tgtuc B' ALTERNATE No_ l - " ~ . E'1'R ~EB()OFI~*r'" is accepted, subtract /add (circle one} the sum of: AZ..TERNATE NO. 1: Dollars $ Base Bid: Estimated Sales Tax included is figure DoIlais (S If ALTERNATE NO 1 - "COMPi ETR REROOF7IV(,t~' ~ accepted, ~~tzact /add (circle onc) the stun of: ALTERNATE NO. 1: Dollars Bay Sid: Estimated Sales Tax included in figure - Do *s lS ) If At 'i'fii2NATF No_ 1 - "CO ~ RFUnnFn~t~,. is accepted, subtzact /add (circle one) the sum of: ALTERNATE NO. I Dollars $ Vli I~il f vflf_Ll_• Jf\. li VlJ_ .J ~ J ...)JV .=/JV4 ~ _ .,,y ~O SINGLE PRIME COMBINED BID: Base Bid: Eight hundred twenty four thousand two Doll ($ 824,222.00 hundred twenty two and 00/100 ~' ~~.TERNATE NO. 1 - "COMPI,EIE REROpFB•t~ is accepted, u ircle one) the sum of: AL'XERNATENO. l: One hundred forty o0e tho~d thr _P h„nrirPd ninety and 00/100 ~]~ $ 141.390.00 Unit Price: Provide a unit price complete including overhead and profit for the following: Concrete floor replacement (per cubic yard) D~_,f $ 200.00 Z Demolition Add $100 sq/yd Lust names of Subcontractors: General 0 . C . Mitchell , Jr .. Inc plumbing Eakins HVAC Comfort Engineers E1~ O'Dell Electric Estimated S ales Tax included in figcue $15.000.00_ The General Contractor shall act as the Project Expediter for all Prime Contracts. See Supplementary General.Conditions. The Bidder further proposes and agrees hereby to commence ~x+ork under this contract on a date to be specified in a written order of the designer and shall fully complete all wvork these under within two hundred; ten (2I0) consecutive calendar days from and including said date_ Applicable liquidated damages shall be stated in the Supplementary General Conditions. The goal for participation by Minority fines as subcontracoors on this project has been set at 100. The Bidder shall provide with the bid, Appendix Y~, entitled MBE Utilization Cozmmitment, identifying the amours of MBE participation; and prior to award shall show evidencc of good faith effort made prior to the bid opening to meet these goals. Failure so provide this evidence may result in rejection of the bid and award to the next low bidder. ~Zc^Tr(~~* ;nom , ^.n~FF (? ~ n~no!lc.,~~ D e r~ 3 Z-~~- l y`.~t3 5= 1 /AM rKUM UL M l l C:t-I~LI,.. JK. 11V(:_ y 1 y 5~C y.~tsu 'The 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 contract, the certifiers check, cash or bid bond accompanying this bid shaIl be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Attach certified check, cash or bid bond to this proposal. Respectfully submitted this., -20th day of ~tgvember , 1997. ~ItIIeSS: (Proprietorship or Partnezship) Attest: 0. C. Mitchell, Jr-, Inc. (Name of fizm or corporation naaldng bid) sy- 3'h~.~~c~ ct ~ Title' President {QwnerlParmer/Pre./V. Pres.) r _ Addrrss:~ ai ~ S . i mi R1 Sri _ Durham, NC 27703 License No: 23371 Federal I.D. No_: 56-.0859118 'Z'itje; Corporate Secretary (Corp. Sec. or Assist Sec- only) (CORPORATE SEAL) Addenda. received and used ioa computing bids. Initial as appropriate. Addendum No.l Addendum No.2. Addendum No_3 ATTACH BID BOND ~. c--c,.~- i y~o y = i r.-.~.i r rtu~•i u~. r-il I l..f'ICLL. JK. llVl.. .'y I ~ ~yo ~.,~od r. O • • THIS APPENDIX MUST BE SUBMITTED WITH BID APPENDIX D MHE UTILIZATION COMIKITlIENT we , 0. C. MITCHELL, JR. , INC. , do cerz i fy that iBidder) on the Orange GountV Skills Development sPro~ect Name: $824,222.00 will expend a minimum of IO g tDollar amount of bidl of the total dollar amount of the cantract with minority business enterprises. KBE's will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work wall be subcontracted to the firms listed below. If the bidder intends to subcontract, this form must be completed regardless of the amount or lack of participation attained. Name/Phone Number/ Is firm an Description of Dollar value of Contact Person of MBE' Work work to be done Subcontracting firm by firm listed Eakins Plumbing yes 71,flfl0,~ >, Use additional sheets as necessary The undersigned will eater into a formal agreem®at with Minority Firms for work listed in this schedule conditional upon execution of a contract With the County of Orange. North Carolina. Failure to fulfill this commitment :nay constitute a breach of ti-e contract. the undersigned hereby c.ertifics tizat he/she has read the terms of this ~or+r.~~tment and is aut~norized :o bind the bidder to the commitment herein set =orth. ___ fl . Grafton Mitchell , III Date : i3avember 20, 1997 name o~ Rutn~rized Officer $igriature: .~•( ~ "~")').L~E'c.le~~T P, 'l' i z i e : President