HomeMy WebLinkAbout2005 S Purchasing - Bid Award: Tommy Lawrence Electrical for Lighting Projects
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OF CONSTRUCTION CONTRACT
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day of June in the year 2005 by and between
THIS AGREEMENT, made the 8
TOMMY LAWRENCE ELECTRICAL CONTRACTORS, INC., hereinafter called
the Contractor and the County. of Orange, Hillsborough North Carolina, hereinafter
called
the County.
'
WITNESSETH:
' That the Contractor and the County for the consideration herein agree as follows:
1. Scope of Work: The Contractor 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,
.Power of Attorney, Worker's Compensation, Public Liability, Property Damage and
' Builder's Risk Insurance Certificate, and Drawings, entitled:
SPORTS FIELD LIGHTING
' SMITH MIDDLE SCHOOL
AND EFLAND CHEEKS ELEMENTARY SCHOOL
COUNTY OF ORANGE
' HILLSBOROUGH, NORTH CAROLINA
Consisting of the following Drawings: CO-l, E-l, E-2, E-3, E-4
' Date: Apri13, 2005 and the following addenda:
' Addendum No: 1 Dated: May 10, 2005
' 2. That the Contractor shall commence work to be performed under this
Agreement on a date to be specified in a written order of the County and shall fully
complete all work hereunder within One Hundred Twenty (120) consecutive calendar
days from said date, and shall turn all individual areas over to the- Owner in usable
condition, in accordance with the specified phasing plan. For each day in excess thereof,
both of project completion and completion of individual phases, liquidated damages shall
be as stated in Supplementary General Conditions. The Contractor, as one of the
considerations for the award of this Contract, has furnished to the County a construction
schedule setting forth planned progress of the building broken down by the various
' divisions or part of the work and by calendar days. In the event that the progress of the
work is not maintained on schedule by the Contractor, or in the event the work if not
completed within the time above specified, the County may upon fifteen (15) days notice,
' send by Registered Mail, to the Contractor, declare this Contract in default, and,
thereupon, the County shall have the right to let the work remaining to be done to some
other Contractor, either by public letting or negotiation, and thereupon the Contractor,
' shall forthwith pay the County all increase in cost or loss and damage. which it may
sustain on account of such default on the part of the Contractor.
' 3. The County hereby agrees to pay to the Contractor for the faithful performance
of this Agreement, subject to additions and deductions, as provided in the specifications or
proposals, in lawful money of the United States as follows: TWO UNDRED EIGHTY
' THOUSAND, SIX HUNDRED AND EIGHTEEN ($280,618.00) DOLLARS,
Summary of Contract Award: Base Bid only for Smith Middle and Efland Cheeks
' Elementary Sportsfield Lighting.
~
4. On or before the 20`
day of each calendar month, the County shall make
payments to the Contractor on the basis of a duly certified and approved estimate of work
' performed during the preceding calendar month by the Contractor, less the amount of
such estimate which is to be retained by the County until all work has been performed
strictly in accordance with this Agreement and until such work has been accepted by the
County
.
.
' 5. Upon submission by the Contractor of evidence satisfactory to the County that
all payrolls, materal bills and other costs incurred bythe Contractor in connection with
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 Contractor
of all work covered by this Agreement and the acceptance of such work by the County.
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 County 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 of the work, the Contractor shall, at its expense, within five (5) days after
the. receipt of notice from the County 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
County. In such event no further payment to the Contractor shall be deemed to be due
' under this Agreement until such new or additional surety for the faithful performance of
the work shall be furnished in manner and form satisfactory to the County.
' IN WITNESS WHEREOF, 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, be deemed an original Contract.
' WITNESS: TOMMY LAWRENCE ELECTRICAL
CONTRACTORS. INC.
~~
By:
(Proprietorship or Partnership)
' Attest: Co oration Title: Dw~~'
( ''P )
' (Owner, Partner or Corp. Pres.
or Vice Pres. Onty)
~ Bar.
Title. C~,'~.
' {~:orp. Se . or Asst. Sec~Qnly)
(CORPORATE SEAL
Witnes
' Donna S. Bake • The County of Orange
~zengc ~°°~• By: Moses Carey
A
it ~ Title :Chairman of Orange County
1 ~~ ,
~, ~ Commissioners
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ACORV_ CERTIFICATE OF LIABILITY INSURANCE OP ID OATC(MMIDDM/V`n
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,PRODUCER 7FIIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
~ Thompson-Allen, Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P . O . Box 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Roxboro NC 27573
Phone:336-599-2175 Faxz336-599-6932
INSURCR
Toamiy Lawrence Electrical
P.O. Box 64
Roxboro NC 7573
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OCSCRIDTION OF OPERAnON51 LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY [NDORSENIENT /SPECIAL PROVISIONS
Orange County named as Additional Insured for general liability coverage.
JOB: Efland Cheeks & Smith Middle School Ballfielda
l: GK 7 RI~,A I C nV~uc~c
Orange County
Attn: Pam Jones
239 East Kiag Streee
Hillsborough NC 27278
O~GEC SNOULO qNr OF THE ABOVE DCSCRID[O POLICIES BE CANCELLED BEFORE THE EXPIRATK)N
DATE TNEREOF, THE ISSUING INSURCR WILL MNL 3 O DAYS WFdTTCN
NOTICE TO THE CpITIFlGATE IWLDCR NAIiCD TO THE LEFT, BUT PA4URE TO DO SO SN/LLL
IMPOSE NO OBLIGATION OR LIA®IIJTY Of ANY KIND UPON THE INSURER, ITS AG9NT$ OR
R[PRESENTATi1lES.
' 1 }) .
X498
AGUKV L7 (YVV~)va!
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. without 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 further declares
-that he has examined the site of the Work and.informed himself fully in regard to all conditions
pertaining to the place where the work is to Ise. done; that he has examined the Specifications.fortpe
Work and the Contract Documents relative thereto, and has read all.special provisions furnished
prior to the opening of bids;. that he has satisfied himself relative to the work to be performed.
The Bidder proposes and agrees if this Proposal is accepted to contract with the County of Orange at
Hillsborough; 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
Sports- Field Lighting, Smith Middle School and Efland Cheek Elementary School, in full and
complete accordance with the Plans, Specifications,and Contract Documents, to the full and entire
satisfaction of the County of Orange, Hillsborough, North Carolina, and Reece, Noland & McElrath,
Inc:, Engineers, with a definite understanding that no money will be allowed for extra work except at
' set forth in the .General Conditions anti the Contract Documents,.for the sum of: . '
SINGLE I'RIlVIE CONTRACT:
Base Bid: ~ .
Ztao hundred eighty thousand s~.x'=.hundred eighteen &n~l llollars ($80;618.00 )
Alternate 1: Provide cost for additior ofpayment ~wrr! prrfzrmance bond
Three thousand four hundred and. no/100--------------~ Dollars $ 3,400.00
Alternate 2: ~. Provide cost for extended 10 year warranty on lamps, ballast and_ controls
Included with 1~Tusco Green Base Bid Included •
Dollars
Unit cost classified excavation $ 2.75.00 / cu, ya.
.: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 120 consecutive calendar.days from and~including said date.:Also, bidder proposes and
~agrees'that all individual. areas shall be turned back over to the Owner in usable condition, in ~ .
. accordance with the specified phasing schedule .. ~ ~ .
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 check, cash or bid bond aecompanying~ this bid shall be paid into the fonds of the.
Owner's account set aside for the Project, as~liquidated damages for such failure; otherwise the
check,..cash or bid bond accompanying this Proposal shall be returned to the undersigned:
Attach check, cash or bid bond to this Proposal.
Respectfully submitted this 17th day of May 2005
Tommy Lawrence ,Electrical Contractors, Tnc.,
(Name of firm or cozporation making bid)
WITNESS: By:
~ ~ . ~ ~ ~. ~ -~ ~ Title: .President -
(Proprietorship or Partnership) (Owner,Partner,Pres.or V.Pres.}
Address: P' ~• Box 641; Roxboro, NC ~ 27573 ~.
` . _ ~ Li:cense No. 3831U
ATTEST:
By;
Txtie: ~~ Porate Secretary. .: ~~ : ,::;~
(l".orp.Sec. or 71ss't.SeaOnly) (CORPORATE SEAL)
Addendum received and used in computing-bid:
Addendum No.l May 10, 2005 Addendum No.3
Addendum No.2 Adderidutn No.4
~E (;INCINNATI INSURANCE COMPANY `
' . CINCINNATI, OHIO
- _ Bid Bond
KNOW ALL MEN BY THESE PRESENTS that vve
,pommy .Lawrence Electrical Contractors,.
' as Principal, hereinafter called the Principal, and THE CINCINNATI INSURANCE COMPANY, a corporation duty
organized under the laws of the State of Ohio, as Surety, hereinafter called the Surety, are held and firmly bound unto
as Obligee, hereinafter called the Obligee, in the sum of 5$ of Submitted Bid
Two hundred eighty thousand six hundred
eighteen and no/100--=---------------------------------------------- Dollars (S 280,618.00 j,
for the payment ofwhich sum well and truly to be made, the said Principal and the, said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Smith Middle School/Efland-Cheek
County of Orange
132 East King St,
Hillsborough, N_.C. 27278
' .NOW, THEREFORE, if the Obligee shall accept the bid of the Principal. and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event .of the failure of the Principal to enter
' such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain
' in full force and effect.
Signed and sealed this 1 6 day of May . 1~ 2005
' (Witness)
' fitness) y
r
.Printed in coaperafion with the filrnerican Institute of d6rchitects (AIA), by The Cincinnati Insurance Company who vouches
that the language in this document .conforms exactly to #he.language used in AIA Document A310, February 1970 ED.
' S-2(300-AIA (10/32) P1;IBLIC ,.
~. .E CINCINNATI INSURANCE COMPANY
• Fai~eld, Ohio
' , ~ _ "POWER OF ATTORNEY
. KNOW ALL MirN BY THESE PRESEh1TS: That THE~CINCINNATI INSURANCE COwIPANY, a corporation organized under the 3aws_
of The State of Ohio, and having its principal office in the City of Fai~eld, Ohio, does hereby constitute and appoint
~: Gordon P. Allen, Sr.; G. Phillip A11en, Jr. and/or Nikki L. Warren
of Roxboro, North Carolina ~ its true and ,lawful Attorney(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the.United States, up to.
' Two Mil-lion and No/100 Dollars ($2,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which
resolution is still in effect:
' "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in-
Fact of the Company to execute any and all bonds, policies, undertakings,, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or
' without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following .Resolution adopted by the
' Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
' facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the; Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
IN WIT?~'ESS WHEREOF, THE C7i iCL~'~TATI L,ISURANCE COMPAhTY has caused these presents tc be sealed with its
corporate seal, duly attested by its Senior Vice President this 1st day of March, 2002.
~~'" ~~3Yr''. THE IN1rTATI INSURANCE COti1PANY
4 C
- ~ rARPORATC 3- ~ _
r SEAL 'i~~//
\ %C ~'
' ~ H 1 0 Senior Vice PYeSideni
STATE OF OHIO ) ss:
COUNTY OF BUTLER ) -
On this 1st day of March, 2002, before me came the above-named Senior Vice President of THE CINCL~TNATI INSURA~'CE
COtiLPAir'Y, to me personally kn"own to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument
is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said
instrument by the authority and direction of said corporation.
~~. :r.~:rt;,
- ~ MARK J. LLER, Attorney at t.aw
' - NOTARY PUBLIC - STATE OF OHIO
•• t hty commission has no expiration
-_ date. Section 147.03 O.R.C.
`~„ i-
~3;
I, the undersigned. Secretary or Assistant Secretary of THE CINCIh'h•ATI ZNSURA.r1CE COMPANY, hereby certify that the
' above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said
Power of Attorney is still in full force and effect.
GIVEi~' under my hand and seal of .said Company at Fairfield, Ohio.
is oa~~ tt,~~~g~~ day, of
v ~ -. -
' L ~ >~. ~ L Secretary
r
~,• j.
OHIO- ..
' }31'ti',1005 (3/02)
Attach to Bid Attach to Bid Attach to Bid
• Mate of North Catalina AF
County of Person
Affidavit
Tommy Lawrence E
attach to Bid Attach to Bid Attach to Bid- Attach to Bid. Attach to Bid
F'IDAVIT. A=Listing of Good Faith Efforts "
(Name of Btdder) _
'.cal Contractors, Tnc.
have MMade a'good faith a ort to comply under the following areas 'checked:.
Bidders must. earn at least 50 poin from the good faith efforts listed for their bid to be
considered responsive. (1 NC Admi istrative Code 301.0101)
1- {10 pts) Contacted minority busines s that reasonably could have been expected to submit a quote and
that were known to the contractor, or av liable on State or iocai government maintained lists, at least 10 days
.before the tiid date and notified them~of t e nature and scope of the work to be performed.
® 2--(10 pts) Made the construction .plans specifications and requirements available for review by prospective
minority businesses, or providing these currents to, them at least 10 days before the bids are due:
® 3 - (15 pts) Broken' down. or combined a emenfs of work into economically feasible units to facilitate minority
participation.
^ 4 - (10_ pts) Worked with minority trade, ommunity, or contractor organizations identified by the Office of
Historically Underutilized Businesses an iricluded in the bid documents that provide assistance in
recruitment of minority businesses.
5 - (10 ,pts) Attended prebid meetings s heduled by the public owner.
^ 6 - (20 pts) Provided assistance In getti g required bonding or insurance or provided alternatives to bonding
or insurance for subcontractors.
^ - 7 - (15 ptsj Negotiated in good faith with interested minority businesses and did not reject them as
unqualifed without sound reasons based on their capabilities. Any rejection of a minority business based on
tack of qualification should have the teas ns documented in•writing.
^ 8 - (25•ptsj Provided assistance to an of erwise qualified minority business in need of equipment, loan
capital, lines of credit, or joint pay agree ents to secure loans, supplies, or letters of credit, Including waiving
credit that is ordinarily required. Assists minority businesses in obtaining the same unit pricing with the
bidder's suppliers in order to help minorit businesses in establishing credit. "
^ 9 - (2t) pts) Negotiated joint venture and artnership arrangements with minority businesses in order to •
. increase opportunities far minority busine s participation on a public construction or repair project when
possible. •
^ 10 - (20 pts) Provided quick pay agreem nts and policies to enable minority contractors,and suppliers to
meet cash-flow demands.•
The undersigned, if apparent tow bidder, ill enter Into a formal agreemerit with the firms listed in the
Identification of Minority Business Partici ation schedule conditional upon scope of contract to be
executed with the Owner. Substitution of contractors must be i.n accordance with•GS'143-128.2(d)
failure to abide by this statutory provisio will constitute a breach of the contract.
The undersigned hereby,certifles that he r she has read the terms of the minority business
• commitment and is authorized to bind the bidder to the commitment herein'set fiorth.
Date: x-17-05 Name of Authorize Officer:. FTarxen Tay or
S gnature:
Title: Corp. Sect terry
State of North Carol' a, County of ~~"~"'
SF.AI_ Subscribed and swo to before me this ('~~~`- day of 2~~
.,.-._.
Notary Publ' ~ , ~ ~ •
`~ IvSy corrunission ~x~i es i"~ °-~ ~ -~"~
1VIF3Ponns 2002-R t~
Attach to Bid Attach to Bid Attach to.Bid ttach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid.
..State of North Carolina -- FFCDAV~T B-- in#ent to t~erform Contract
_ ~ , with Own Workforce.
.County of Person •
AffidaVlt Of TO~y La~rrence Electra al Contractors, 'lnc.
_ ~ (Name of Bidder)
I hereby certify that it is our intent to pert rm 100% of the work required for the Sports' Feld Lighting
South Middle School and.Efland Ch ek Elementary .School COntraCt.
(Name of Pro ct) •
In making this certification, the Bidder st, tes that the Bidder does not cust~rnarily subcontract elements
of this type project, and normally. pertorm and has the capability to perform and will pertorm all
elements of the work on this .project with is/her own current work forces; and .
The Bidder agrees to provide any additio al information or documentation requested by the owner in
support of the above statement.
The undersigned hereby certifies that he r she has read this certification and is authorized to bind the
Bidder #o the commitments herein contai ed.
. ~ I
.Date: 5-17-05 Name of Authorized
Warren Taylor,.
SEAL
State of North Carolina, County of
Subscribed and sworn to before~!e this
Notary Publf'~"~,i...~-. lJ ~_ l_
iJiy camrnission e c~4p res tt:.~ ~-~ ~ -{? ~
• MBFoxms 2002-R
Title: Corporate Secretary •
~-- day of `~20 t?5
.,
~I
. Attach to Bid Attach to Bid . Attach to Bid Attach to Bid Attach to Bid. Attach to Bid Attach to Bid Attach to Bid
Identification of iln~ority-Business .Participation
I* Tommy hawrence Electrical ,Co tractors, lnc.
(Name of Bidder}
tlo fiereby certify. that on this project, we will use the following minority business enterprises as
construction subcontractors, vendors, s ppliers or providers of professional services. .
Firm Name_ Address and Phone # Work tune - *Minority Catenorv
Old Dominion Elec. Su 1 804-3 4-5440 Elec... Supply Co. B
10 N. 18th Street
Reyes Supply 910-370-4292 ~ Elec.,'Supply Co. H
832 Huffman Street
Diversified Supply 704-552-6053 Elec. Supply Co. B
T25-A Imperial Court •
ivnnonry categories: ~~actc, HTncan Hme scan (ti), ttisparnc (h), Asian American (A) American Indian (!),
~~ Femais (F) Soci ily and Econornicaily Disadvantaged (D)
~~: The total value of minority bu mess contracting will be•{$) ~ 3g,5so.oo , ,
t: MBPorms 2002-R
a- , •