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HomeMy WebLinkAbout2011-039 AMS - H. M. Kern Corp for Health Department Renovations at Whitted Building $763,800[Departmental Use Only] TITLE Whitted Renovation FY NORTH CAROLINA ORANGE COUNTY CONSTRUCTION AGREEMENT UNDER $1,000,000.00 THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 16th day of February, 2011, by and between H.M. Kern Corporation, (hereinafter called the "Contractor"), and Orange County, a body politic and a political subdivision of the State of North Carolina, (hereinafter called the "Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings and Written Specifications. The Contract Documents form the Contract and are fully incorporated herein. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and/or Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by Corley, Redfoot, Zack Architects, Inc. ("Designer") (Sheet sections G 1.0 through G.1; C 1.0 through C2.1; A 1.0 through A3.1; 52.1 through 52.2; P1.0 through P4.0; M1.0 through M4.0; E1.0 through E4.0; and D.1 through D.4; all sheets dated 12/20/2010; and Addendum 1 dated 12/28/2010; Addendum 2 dated 1 /5/2011; Addendum 3 dated 1 /7/2011; Addendum 4 dated 1 / 13/2011; Addendum 5 dated. 1/14/2011, and Project Specifications entitled "Orange County Health Department Renovations Construction Document Bid Set Project Manual" dated 12/20/2011) b. Written specifications prepared by the project engineer. c. Project proposal dated January 19, 2011 which fully describes the work to be performed, such work (hereinafter called the "Work"). Revised December 2010 d. Related documents listed under Section 1 above. 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed. b. The Contractor agrees to complete substantially all Work included by July 26, 2011, flr One Hundred Sixty (160) Days after the issuance of the written Notice-to-Proceed. The Notice-to-Proceed will occur no later than ten (10) days after the execution of this Contract or when the demolition permits are received by the Contractor, whichever is later. Base bid Work components per the Contract Documents are to be substantially complete by July 1, 2011, or One Hundred Thirty Five (135) Days after the issuance of the written Notice- to-Proceed. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional. cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor -shall be responsible for all errors or omissions, in the performance of the Agreement. .Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. Revised December 2010 2 d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and. all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance. of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials aze current, active, and not in a state of suspension or revocation. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Seven Hundred Sixty Three Thousand Eight Hundred Dollars ($763,800). Not later than the fifth (5th) day of each calendaz month the Contractor shall submit to the Owner's Representative, generally the acchitect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standazdized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at Corley, Redfoot, Zack Architects, Inc., PO Box 2368, Chapel Hill, NC 27515-2368 and shall show substantially the value of work done during the previous calendaz month. ii. The amount due for payment shall be ninety percent (90%) of the value of work completed since the last Request for Payment and this amount shall be paid by the .Owner on or before the last business day of the month. Owner shall retain ten percent (10%). 1. Upon Owner's Representative's certification that seventy-five percent (75%) of the Work has been satisfactorily completed retainage shall be reduced to five percent (5%). Retainage may be waived, at Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been ' satisfactorily completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately Revised December 2010 3 terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements -The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage AStatutory -State of North Carolina and Coverage B Employers Liability $500,000 each accident and :policy limit and disease each employee. ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability (Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage $1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion deleted ($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured -The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimin~.tion, the written notice to be sent by Certified Mail." c. Performance Bonds -Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such Revised December 2010 4 bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. 7. INDEMNITY a. The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by .any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such debts and liens in a form and substance mutually acceptable to Owner and Contractor. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions of Section 7(c) above. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract Documents the architect shall serve as the initial decision-maker, unless there is no architect retrained on the project related to the Work. Owner and Contractor further agree as follows: i. If there is no architect retained for the Work, Owner and Contractor agree, prior to the initiation of any civil litigation, to submit to mediation by agreeing on an individual to serve as mediator to mediate the dispute. ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as mediator Owner may select a mediator to mediate the dispute. iii. Any mediator selected under this section shall be an attorney licensed to practice law in the State of North Carolina and shall be generally recognized as having experience in mediating construction disputes. iv. Owner and Contractor agree to equally share in the cost of a mediator selected under this section. Revised December 2010 b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved, iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON-APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements. of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. c. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: _ Owner: Contractor: Orange County H.M. Kern Corporation Attn:. Pamela Jones Peter Upchurch Revised December 2010 6 P.O. Box 8181 P.O. Box 19424 .Hillsborough, NC 27278 Greensboro, NC 27419 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the. Contractor. The costs for material and structural testing shall be conducted by an independent third parry at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and/or the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and/or any code or law. d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor's expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business or damage to reputation. b. Liquidated damages shall be in accord with the Contract Documents 13. TERMINATION OR SUSPENSION a. The Owner may, .without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, Revised December 2010 including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the. Contractor on other work, and the cost of closing down the work in a safe and efficient manner. i. If Owner orders a delay, suspension or interruption of the Work, and such order is not due to or as a result of any fault on the part of the Contractor, the Contractor may recover a per diem amount at a rate calculated by dividing the Contract General Conditions amount found in the Schedule of Values by the project duration of 160 days. ii. If Contractor elects to accept the amount listed in the General Conditions provision of the Construction Documents Contractor waives any right to further claims for payment of damages sustained as a result of Owner's order to delay, suspend or interrupt the Work. b. Contractor may terminate the Contract if, at the Owner's written direction, the Work is stopped for thirty (30) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for thirty (30) consecutive days. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this, Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. l ORANGE COUNTY ,-yONTRACTOR Signature Signature Bernadette Pelissier, Chair Orange County Board of Commissioners Peter Upchurch, Vice President Printed Name and Title Attest: Donna Baker, Jerk to the Board Revised December 2010 This instrument has been approved as to technical content. E.~- Pamela .ion epartment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This instrument has been approved as to legal form and sufficiency. Offic the County Attorney Revised December 2010 OP ID PF ~CORl7~ .CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDfYYYY) KERNHMl 02/02/11 ~ ~ HIS ERTIFICATE IS SSUED AS A ATTER OF INFORMATIO PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOLDER SIA Group . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 827 Gum Branch Rd. Jacksonville NC 28540-0000 Phone: 910-455-7576 Fax: 910-455-7481 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Uriicri InS. CO./BEK 25844 wsuRER B: The Hanover Ins . Grou 22292 tion C R INSURER C: Builders Mutual Ins Co orrppora ern H.M. P . O . BOX 19 42~i INSURER D: Greensboro NC 27419-9424 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER ICY C IV DATE MM/DD/YYYY Y %PI N DATE MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 , 000 , OOO A X COMMERCIAL GENERALUABILITY CPA42033384 07/01/10 07/01/11 PREMISES (Eaoccurence) S 100,000 CLAIMS MADE ~ OCCUR MED IXP (Any one percon) S 10 , 0 0 O PERSONAL 8 ADV INJURY S 1 , 000 , 000 GENERAL AGGREGATE S2,000,OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S 2 , O O O , OOO POLICY JPERCT LOC Ben. 1,000,000 AUT OMOBILE LWBILITY COMBINED SINGLE LIMB s 1 000,000 A X ANY AUTO CPA42033384 07/01/10 07/0.1/11 (Ea accident) , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per garcon) HIRED AUTOS BODILYINJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ~ AUTO ONLY - EA ACCIDENT 8 ANY AUTO OTHER THAN EA ACC S AUTOONLY: AGG 5 EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 5 , O O O , O OO A OCCUR ~CLAIMSMADE CPA42033384 07/01/10 07/01/11 AGGREGATE s5,000,000 S DEDUCTIBLE ~ $ X RETENTION S l O, 0 0 0 $ WORKER S COMPENSATION ' ILITY X TORY LIMBS ER C AND EMPLOYERS LUlB ECUTIVE~ R ~ PWCOOOOOI3 07/01/10 07/01/11 E.LEACHACCIDENT $ 500000 EXCLUDEDT ICER/MEMBE O (Mandatory in NH) E.LDISEASE-EAEMPLOYE 5500000 ff yes, describe under SPECIAL PROVISIONS b ow E.L DISEASE -POLICY LIMIT S 5O OOO O OTHER B Leased/Rented Eq RHR562812601 07/01/10 07/01/11 L/R Eq 150,000 B Builders Risk RHR562812601 07/01/10 07/01/11 B/Risk 8,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Orange County Health Department Renovations, 300 West Tryon St, Hillsborough NC. Orange County Government is included as additional insured with respect to general liability and auto liability; waiver of subrogation applies with respect to general liability, auto liability and employers liability. Excess liability is follow form. See attached for cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ORANGO 9 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LUIBILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Orange County Government 200 3 Cameron Street REPRESENTATrves. ///yam f Hillsborough NC 27278 AUTHORIZE~~ NTA~;WEW,tiV/ ACRD 25 (2009/011 ©1988-2W009,'A~;C~ORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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. ACORD 25 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 32 d6 01 A (Ed. 07-10} CANCELLATION AND NON-RENEWAL ENDORSEMENT This endorsement applies only to the insurance provided by the pol'~cy because North Carolina is shown in item 3A. of the Information Page. It is hereby understood and agreed that all. cancellatan provisions in the policy addressing the required number of days notice for cancellation by us ornon-renewal by us are amended as follows: a. 30 days notice will be given for notice of cancellation for non-payment of premium. b. 30 days notice will be g'nrert for notice of cancellation for any other reason. c. 4'S days notice will be given for non-renewal Notwithstanding the provisions above, in no event will the number of days notice for cancellation or for non- renewal befewer than the number of days required by North Carolina law. In the event of cancellation or nonrenewal of tl~e policy, we will mail notice to the named insured, and io the additional person(s) or organization(s) named in the Schedule below, as required by North Carolina law: SCHEDULE Orange County Government 200 S Cameron Street Hillsborough NC 27278 Re: Orange County Health Department Renovations 300 West Tryon St Hillsborough NC This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2/211 Policy No. PW00000013 Endorsement No. 04 insured H M KERN CORPORATION insurance company Builders Premier Policy Effective Date 07/01/10 Countersigned by WC 32 06 09 A CL IL 01 06 04 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MATERIAL COVERAGE CHANGE OR CANCELLATION NOTIFICATION This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s and mailin address: Location and Descri tion of Pro'ect Orange County Government Orange County Health Department Renovations 200 S Cameron Street 300 West Tryon St Hillsborough NC 27278 Hillsborough NC A. The following replaces the notice of cancellation requirements, as provided in paragraph 2. of the North Car- olina Changes- Cancellation and Non-renewal Endorsement: We will not cancel or reduce coverage under this policy without providing at least 3Q days notice of our intent to do so. Notice of such cancellation or reduction of coverage will be provided by certified mail, return re- ceipt requested, to the Named Insured and the Additional Insured in the schedule above. CL IL 01 06 04 08 ©ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL AUTO CL CA 02011008 MATERIAL COVERAGE CHANGE OR CANCELLATION NOTIFICATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Oganization(s) and mailing address Location and Description of Project Orange County Government 200 S Cameron Street Hillsborough NC 27278 Orange County Health Department Renovations 300 WestTryon St Hillsborough NC The following modifies F. Changes in Conditions, G. Nonrenewal and H. Nonrenewal of CA 01 26 North Carolina Changes: We will not cancel or reduce coverage under this policy without providing at least 30 days or the minimum no- tice as required in CA 01 26 of our intent to do so. Notice of such cancellation or reduction of coverage will be provided by certified mail, return receipt requested, to the Named Insured and the Additional Insured in the schedule above. CL CA 02 01 10 08 ISO Properties, Inc., 2004 Page 1 of 1 AAIS This endorsement changes IM 785104 04 the Inland Manne Coverage Page 1 of 1 --PLEASE READ THIS CAREFULLY -- AMENDATORY ENDORSEMENT (The entries required to complete thts endorsement well be shown below or an the "schedule of coverages".) WITH REGARDS TO WRITTEN CONTRACTS ON WORK PERFORMED ON BEHALF OF: STATE OF NC-STATE CONSTRUCTION OFFICE 1307 MAILSERViCE CENTER RALIGH, NC 27699-1377 NOT WITHSTANDING THE PREPRINTED CANCELLATION PROVISIONS ON THIS FORM, COVERAGES AFFORDED UNDER THE POLICIES WILL NOT BE CANCELLED, REDUCED IN AMOUNT NOR WILL ANY COVERAGES BE ELIMINATED UNTIL AT LEAST THIRTY (30) DAYS, AFTER MAILING WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE INSURED AND THE OWNER OF SUCH ALTERATION OR CANCELLATION. 1M78.51A !M 7851 04 04 Copynght, Amencan Association of Insurance Servlces, Inc , 2l}D4 Farm pC-l3 Bond Nurrabtr 2138970 SECTION 347 I<ORNI OF PERI~ORI-IANCE }3QND Bate of Contract; Date of Execution: ?'dame of Principal; _H.M. Kern Corporation (Contractor) Address; PO Box 19424 Greensboro, NC 27419 I1ame ofSurery:..North American Specialty Insurance Company Address: 650 Elm Street Manchester, NH 03101 Name of Contracting $ody: Orange County Government 200 S. Cameron Street Hillsborou4h, NC 27278 Amount of Bond: Seven Hundred Sixty Three Thousand Eight Hundred Dollars and 00/100 ($763,800.00 Projrct: Orange County Health Center Renovations, 300 West Trvon Street Hillsborough NC KNOW AL.T. MEN $'~ THESE PRFiSE2~1TS, that we, the principal and surety above Hemet, are held and funny bound unto thc~ above named contracting body, hereinaftCr called tine conir~ctYng body, in the penal sum of the amount stated above foe the payment of which surzt wet} and trit}y to be made, we bind, ourselves, oar heirs, executors, administrators, and successors, jointly and Severally, funrtly by these presents. THE CONDITIQN OF THIS O$LtGAT`IpN IS SUCH, that whereas tiro principal entered into a certain contract with the contracting body, identif ed as shown above 8nd inearporat~i htrein: NpW, THEREI~ORE, it' the principal shall well artd truly perform and fulfill all the undertakings, eovetxants, terms, conditions acid ~teert~Tits of said contract during the original teem of said contract and any ~tertsions thereof that may be granted by the cotztiaeting body, with or witbpu't notice to the surety., anti during the }ife of arty guaranh' required under ttt~ contiract, and she}l alsq well and txti}y perfoml and fialft}I a}l the undertakings, GovenartTS, #erms, condirions and amts of an~+ artd aI} duly authorised modifications of said Goutract that may hereafter be made, notice of which rnodific.aiions to the surety being htroby wrsived, then, this obligation to be void; o-therwise t4 remain .in ful} force and virtue. 1N WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals an the daft indicated. above, .the name and corporate seal of each corporate patty being hereto a(~I'rxed and chose presents duly signed by its undcrsigrted representative, pursuant to authority of its gaveming body. Execu#ed in Six counterparts. Witness: (Proprietorship or Parfierihip) H.M. Kern Corporation Contrae .(Trade ar Co rate 1~lazne) ~Y . `i, ~y , /K By: ~Gt Peter Upchurch Attest: {Corpor~.ic~n) By: /,~ [lam Kristen Ratliff Tula: rotary (Corp. Sec. or AS&t. Sec. only} 'Cit1e: Vice President (Owner,`1?ait3ie~ or Gorrp. Pres. or Vice Pre.-s. onty) egr•. ~..;, : } (Carpari'ite Sen.!) F ~ ~, North'Arn~ncan"Specialty Insurance Company , rety Company) Title: Ramona Fewell (Attorney !n Fact) Sea!) (N.C. Licensed Resident Agent) Marsh & McLennan Agency LLC (MMA) - Rutherfoord Division 6230 Fairview Road, Suite 230 Charlotte, NC 28210 Name and Address-Surety Agency North American Specialty Insurance Company 6230 Fairview Rd. Charlotte, NC 28210 Surety Company Narrte and N.C. Regional or ;3ranch Office Address Debra S. Ritter Porrit OC- l0 Bond Number 2138970 SECTI011T 348 FORM OF PAYA'tENT BOND Date ol"Contract: bate pf Execution: Narnt of principal: H.M. Kern Corporation (Contractor) Address: PO Box 19424 Greensboro, NC 27419 Name of Surety: North American Specialty Insurance Company Address: 650 Elm Street Manchester, NH 03101 Name of Contracting Body: Orange County Government 200 S. Cameron Street Hillsborough, NC 27278 Amount of Bcu~d: Seven Hundred Sixty Three Thousand Eight Hundred Dollars and 00/100 ($763,800.00 ) Project; Orange County Health Center Renovations, 300 West Tryon Street, Hillsborough, NC Ki`'OW ALL MEN 13Y TI-fESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of s~-h.icfi sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,-and successors, jointly and severally, firmly by these presents. T'PIB CC7IVDITION OF THIS OBf..iGATION IS SUCH, that whereas the principal entered info a certain contract with thv contractyng body identified as shown abova and incorporated herein:: MOW, THEREFORE, if the principal shall promptly make payment tp all persons supplying laboxlrttatetial hz the fsrasecution of the work provided for in said contract, and any and all duly authorized modifications of said contact that may hereafter be made, notice of which rnodi$cations to the surety being hereby waived, then this obligation to be void; otherwise to remain in foil force and virtue. )N V~ttTNES5 WHfiR$Q)~, tho above-bounden parties havo executed this ip5itumcnt under their several seals ort'thc~ date indicated above, the name and corporate sea! of each corporate parry being hereto x~xed acid these presents duly signed by its undersigned representative, pursuant to autiwrity of its goveniing lady. Execuiod in __ Six Witness: (Propriotonhip or l'arlnership~ Attest: (Corpa~ation) counterparts. sy: __~i Kristen Ratliff Title: r.,rprlrate ~Pr~f-ary (Carp. Sec. ar Ac;~t. Sec. only) H.M. Kern Corporation Contra (Trade or C tp late Name) ~~~ ~y: K Peter Upchurch Title: Vice.. President {Ownert'~fai'trtec, or Gore. Pres. or Vice Pres. only) {_ (Cotporate~ Seal) ~_ North~Ame~ican Specialty Insurance Company urety Company) S Title: Ramona Fe (Attorney in Fact) (Surety Corporate Scat} ('~I.C. Lioensed Resident Agent) Marsh & McLennan Agency LLC (MMA) - Rutherfoord Division 6230 Fairview Road, Suite 230. Charlotte. NC 28210 Name ¢nd Address-Surety Agency North American Specialty Insurance Company 6230 Fairview R . Charlotte, NC 28210 Surety Company lvame and N.C. Regional nr Lranch Office Addre:&s `~on~pnturplgii ~~3O~QtiG~T ~'IHS~U'ii 8y' $~r4;~~rmE c~ i?~- tali e~'+~ y~i~u~e~~~'~~r ~~~'~~~m unnu`~``~a Debra S. Ritter NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON TNTERNATiONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company., a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RAYMOND J. GARRUTO, MARTIN D. PALLAZZA, BRAD W. GIBSON, RAMONA I-SWELL, DEBRA S. RITTER and ANGELA M. YOUNT JOINTLY OR SEVERALLY its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings . obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attomey and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature 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 Attomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `~~~~~;~GIAiJITY j,1~,~~~~iii~~ ~y~~~l ~, ~ t10NA~ yQ GpPPUkf~ Gqqi !! y~.~ ~~~~RPO C'/HsG -_ ~'• SFAI. : n r Steven P. Anderson, President & Chiel Executive oRseer of Washington International Insurance Company y'' SEAS ~ W4.~,,'t~' 1973 Win ~ & Senior Vice President of North American Specialty Insurance Company ~ ~: ;~ s ii~~b et°\~ Z ~ o ~f+C-i ~~ DavM M. Layman, Senior Vice Presidentt oahfngton International insurance Cnmpany ^wuNin ' & Vlce President of North American Specialty Insurance Cnmpany IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of September , 2010 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 2nd day of September 20 10 ,before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. La man , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty insurance Company, personally known tome, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" DONNA D. SRLENS Notary Pub1iG State of Illinois My Commission Expires 10,'06/2011 Donna D. Sklens, Notary Public T, James A. Carpenter ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington international Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington Intemational insurance Company, which is still in full force and effect. TN WITNESS WHEREOF, T have set my hand and affixed the seals of the Companies this `day of , 20 ~--'~~ James A. Ce~pemer, Vice Preaidenl & Assistant Secretary of Washington Intemational Insurance Company & Nonh American Specialty Insurence Company ® TM ~_!_ -_ Document G701 2001 Change Order PROJECT: (Name and address) Orange Co. Health De=pt. Renovations, Rie.:narryT . Whitten Bldg, Hillsborough, TO CONTRACTOR: (Nance and address) H. M. Keri1 Corp. 160 Thatcher Ro~i Greensboro, NC 27449 OWNER ~' ARCHITECT ^ CONTRACTOR ^ FIELD ^ OTHER ^ The Contract is changed as follows: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Fire protectiQn_ systetTt as requester by the Owner-in Bldg. "A" as retailed in R~'P ~Ol. Cost reflects eli:mi.nation of the pre•-a~,tion systems ann galvanized ttiateriat. Ceitiri,, repair ~itaterials trill be provided by t'ne Owner. Fir><31 cleaning by others. Cost incluries an electri~l allowance of $5,000 for connection to .fire ala~nln ... .................................Ai>O: $224,988.00 The original (Contract Sum) (~~~~y,~) was S 763,$00_00 ~ The net change by previously authorized Change Orders $ ~0_ ~? The. (Contract Sum) ( prior to this Change Order was $ 7f,3~O0.Ot~ The (Contract Sum) ( e) will be (increased).~~:(m) by this Change Order in the amount of $ 2~4~988 ~ The new (Contract Sum) (C7C~[~~I~i[Q@~ including this Change Order will be S 93$, 788.00 The Contract Time will be (' ) (unchanged) by ( 0 )days The date of Substantial Completion as of the date of this Change Order therefore is July 11, 2011. (Note: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price H~hich I~iat~e been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Otti~ner and Contractor; in which case a Change Order is executed to supersede the Construction Change Directive.) CHANGE ORDER NUMBER: 001 DATE: March 17, 2011 N~RCHITECT'S PROJECT NUMBER: 1001 CONTRACT DATE: February 16, 2011 CONTRACT FOR: General Construction NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Corley Reelfoot lack. Inc. H. M. Kenn Co Orange Cnunt ARCHITECT (Firm name) 222 C101Ster Court Cf~a~el Hill, NC 27517 ADDRE 6 ~~ . Y (Si re) enlneth l;- Reelfoot, ATA CONTRACTOR (Firm name) 160~Ihatcher Road Greeensbc~r~_,_ N 2740'9 ADD S ~ ~/~ BY (Signature) /~ETFi2 ~t~Kui2cr-~ OWNER (Firm name PO Box 818 Iiillsborough. NC 27278 ADDRESS ~ '' B S' nature) (Typed nr ne) (Typed name) (Typed name) _3 I7 ~Ofl 3-t?~ ~t __ ~ - 2~-i~ DATE DATE DATE CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document G701 TM - 2001. Copyright ©1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a-mail The American Institute of Architects' legal counsel, copyright@aia.org. -~~~~„ „ ® TM ^ -_,~~ Document G701 - 2001 Instructions Change Order GENERAL INFORMATION Purpose AIA Document G701 is for implementing changes in the Work agreed to by the Owner, Contractor and Architect. Execution of a completed G701 indicates agreement upon all the terms of the change, including any changes in the Contract Sum (or Guaranteed Maximum Price) and Contract Time. Use of Current Documents Prior to using any AIA Contract Document, users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G701, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software. Licensed AIA software users should consult the End User License Agreement (EULA). To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. COMPLETING THE G701 FORM Description of Change in the Contract Insert a detailed description of the change or reference specific exhibits describing, in detail, the change to be made in the Contract by this Change Order. Include any drawings, specifications, documents or other supporting data to clarify the scope of the change. Determination of Costs Insert in the blanks provided, or strike out the terms in parentheses that do not apply, the original Contract Sum or Guaranteed Maximum Price; the net change by previously authorized Change Order (note that this does not include changes authorized by Construction Change Directive unless such changes were subsequently agreed to by the Contractor and recorded as a Change Order); the Contract Sum or Guaranteed Maximum Price prior to this Change Order; the amount of increase or decrease, if any, in the Contract Sum or Guaranteed Maximum Price; and the new Contract Sum or Guaranteed Maximum Price as adjusted by this Change Order. Change in Contract Time Insert in the blanks provided, and strike out the unused terms in parentheses, the amount (in days) of the increase or decrease, if any in the Contract Time. Also insert the date of Substantial Completion, including any adjustment effected by this Change Order. EXECUTION OF THE DOCUMENT When the Owner and (Contractor, in occurrence with the Architect, have reached agreement on the change to be made in the Contract, including-any adjustments in the Contract Sum (or Guaranteed Maximum Price) and Contract Time, the G701 document should be executed in triplicate by the two parties and the Architect, each retaining an original. AIA Document G701 TM - 2001. Copyright ©1979, 1987, 2000, and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, a-mail The American Institute of Architects' legal counsel, copyright@aia.org. H. M. KERN CORPORATION 160 THATCHER ROAD PO BOX 19424 GREENSBORO, NC 27419 (336} 668-3213 FAX: (336) 668-2142 PROPOSED CHANGE ORDER PCO-01(REVISED3} TO: CORLEY REDFOOT ZACK DATE: MARCH 15, 2011 222 CLOISTER COURT CHAPEL HILL, N.C. 2514 CC: KURT HICKS ATTENTION: HARRY JENSEN, JR. REFERENCE: ORANGE COUNTY HEALTH DEPT RENOVATIONS JOB #759 SUBJECT: RFP#1 IN ACCORDANCE WITH OUR CONTRACT WE REQUEST A CHANGE ORDER IN THE AMOUNT OF TWO HUNDRED TWENTY FOUR THOUSAND NINE HUNDRED EIGHTY EIGHT ($224,988.00) DOLLARS FOR THE FOLLOWING: PROVIDE FIRE PROTECTION SYSTEM IN BUILDING `A' AS DETAILED IN RFP#O1. PRICE REFLECTS THE ELIMINATION OF THE PRE-ACTION SYSTEM AND GALVANIZED MATERIAL. CEILING REPAIR MATERIALS WILL BE PROVIDED BY THE OWNER. FINAL CLEANING WILL BE BY OTHERS. PRICE INCLUDES AN ELECTRICAL ALLOWANCE OF $5000 FOR CONNECTION TO FIRE ALARM SYSTEM. TAP AND IMPACT FEES ARE EXCLUDED. PLEASE CALL IF YOU HAVE ANY QUESTIONS. TOTAL COST: $ 224,988.00 TIME IMPACT: 0 DAYS ORIGINATED BY: H.M. KE CORPORATI ®N SIGNED: ~ rd~~ BY: PETER UPCHUR DATE: MARCH I S, 20 I 1 ACKNOWLEDGED BY: CORLEY REDFOOT ZACK SIGNED: BY: Y JE EN, DATE: 3 - l~ ~ < < H. M. Kern Corporation Job # 759 ORANGE COUNTY HEALTH DEPARTMENT RENOVATIONS RFP #1 Phase Description t~yt unit PCO-01(REV nit 3/15/2011 668-3213(p 668-2142(f) Amount Labor: __~ _~__ ~ I ~ 20110'.000RDINATION 0' WKS 760.OQ _0 20210'REMOVE $~ REPLACE CEILINGS 20250' RESEED AREAS __ 20770 WATERPROOF WALL v 20210~FLOOR PROTECTION 18384 x ! T6' __ 4 ~ 24 SF ---- HRS HRS HRS ~ 0.10 15.00' 15.00 15.00 1,838 90 60 360 ~ 0 0.00 ~ 0 -~ 0 0.00' 0 0! 0.00' 0 of o.o0 0 Total Labor __ j 2,348 Materials: - _ ' ' 30960 CEILING REPAIR 0 SF _ 0.051 0 _ 10154,GENERAL CONDITIONS 0' MTHS 1 77 5 00 0 _ 30250:' RESEED AREAS 1; US ~ _ _ 50.00 ~ 50 _ 30198' DUMP FEES 30770fWATERPROOFING I 1 Sj _ EA GAL ~ 400.00'; ~_ T 22.00 400 110 _ 30210 FLOOR PROTECTION 30 ROLLS ; 51.00 1,530 0~ ! __ 0.00 0 _ 0; 0.00' 0 0! 0.00: 0 _ Total Materials i __ 2,090 _ Eauipment: ~.__.__ o' _,__ o.oo a __--------- -- - o~ t-- --~ t - o.oo 0.00 a 0 _..____ 0 0.00 ; o o ~ o.oo ~ o o o.oo 0 Total Equipment _ I I 0 Subcontractors: _ _ ___ 40240 TILITiES D & T U _ __ 1 j US 33980.00 ! 33,980 41520 _ __ PIEDMONT 1 ` US 149663.00 ~ 149,6&3 41600 _ FIRE ALARM ALLOWANCE 0~ US 7500.00 0 40265 _ iASPHALTREPAIR 81 SY 50.00 4,050 40180 CLEAN BUILDING _ 0: SF 0.12 0 40265 REPLACE CONCRETE PAD 144 SF _ 7.00 1,00$ Total Subcontractors 188,701 i _ Total Labor, Materials & Equipment 4,438 Sales Tax Materials & Equipment) 7.75% __ 162 29160 Labor Burden 35% 822 _ Subtotal __ ; 5,422 89800 ;OH & Profit (Labor, Materials 8~ E ui ment) 20% I ___ 1,084 Total Subcontractors _ __ 1 _ 188,701 89800 _ iOH 8~ Profit Subcontractors) 10% ~ 19,625 Subtotal i 214,832 62050 ~ Performance 8~ Pa ment Bond 2_% ~ 5,156 !Total Proposed Change Order ! i $219,988 Page 1 1 PiEDMUNT FIR~~ i PROTECTION SYSTEMS - Proposal - SCOPE OF WORK FIRE PROTECTION 3609 Bastion Lane, Raleigh, NC 27604 919-212-2356 office • 919.212.2357 fax E-mail: tvoncannon ~iedmontfire.com North Carolina License 22451 FS Class ] Date: Friday, March 11, 2011 To: Project Manager Proposal No.: 8085-45-2011 Sheet ~ No.: City & State: Jab: Orange County Health Department Renovations Attn: Location: City 8 State: Hillsboro, North Carolina Gentlemen: We propose to famish labor and materials to instaA a Fire Protection System as described below at the abocre location, in accordance with the following: We are pleased to provide you with our scope of work as listed below. All layout drawings, fabricated materials, labor, equipment and supervision, is induded to provide the building as shown, on the contract drawings, with fire protection system protection, with the following clarifications and exclusions. • All piping and devices will be as per tJFPA 13, state and local requirements. • Our work to start at a point 1'-0" AFF inside the new riser room. Our proposal does not include any of the underground fire protection supply piping or devices outside the structure. Our work starts at a point 9'-0" above fhe finished floor inside this building. The underground piping is fo be provided by others at no cost to Piedmont The FDC is to be a flush mounted on the exterior wall of this building and will be installed adjacenf to the new sprinkler riser. The Backflow device is to be installed remote from the building and is not included in our pricing. Our pricing does not include a new fire alarm system. Our Pricing does include all supervisory switches to interface with an alarm system. The system demand is a minimum of 62 PSI flowing 497.5 GPM including the required 250 GPM hose albwance at the base of the new riser. The density supplied by our design is a .1 GPM density over the most hydraulically remote 1,500 square feet of the light hazard areas and a density of .15 GPM over the most hydraulically remote 1,500 square feel of the storage and mechanical rooms of the building. The design will meet the light hazard and Ordinary Hazard Group 1, criteria for this buikting as per the specifications. All exterior wall penetrations to have schedule 10 galvanized sleeves packed with Mineral Wool and sealed with plastic waterproof cement. We have included protection as shown on the referenced drawings. In the absence of information we have assumed the water supporting this wet fire protection is capable of delivering the water to the base of our new sprinkler manifold at the pressure and volume noted above. Drawings: Piedmont Fire Protection Systems will provide the following: fabricate and install the water base fire protection system as indicated on the referenced drawings. We will provide scale drawings for the proposed work within this new building. All ACCAD drawings and hard copies of this building as needed will be provided at no cast to Piedmont. Performance Under Pressure Turning Heads Since 1999 ~ PIEDMONT FIRE PROTEtCftON SYSTEMS 3604 Bastion Lane, Raleigh, NC 276(?4 919-212-2356 office • 919.212.2357 fa~c E-mail: tvoncannonC~3aiedmontfire.com North Carolina License 22451 FS Class I Specification Sections; 1 Fire Protection Piedmont will provide all; fabricated materials and labor to install water based fire protection system to protect this facility as per the referenced drawing. A!I pricing is based on the facility as shown on the referenced drawings. We have assumed the water will be delivered at a rate and pressure sufficient to support our sprinkler design for this system. All sprinkler piping to be installed and inspected prior to the ceiling file and sheet rock being installed. Our Pricing includes the wet system far all areas except where dry systems are utilized. No pre-action system will be supplied. Protection above the ceilings is not required or noted because the walls are non-combustible or the combustible construction is covered and rated by sheet rock. The remaining areas above the drop ceiling will not require protection because there is no combustibles in this area. Materials 1 Above Ground: This work wil! entail the fabricated materials, devices, piping and hanger assemblies as needed to protect the facility as shown on the above referenced drawings. All piping utilized on the `Wet Firs Protec#ion Sys#em" will be black steel piping utilizing black cast iron fittings on all piping 2" and below. All piping 2 % and above will be black steel and utilize grooved painted fittings. All piping and devices will be UL 1 FM listed for the use on Fire Protection Systems. Our piping will be supported and restrained as per NFPA 13. All test and inspections will need to be coordinated to insure we are complete when agreed. All information we have, was gleaned from fhe drawings noted above. Our work to be roughed in and inspected prior to ceilings tiles or soffits being installed. This work will inGude the installation of sprinkler piping, devices and sprinkler heads as needed to pro#ecf the renovated area, as shown on the above referenced drawings. Materials 1 Above Ground: This work will entail the fabricated materials, devices, piping and hanger assemblies as needed to protect the facility as shown on the above referenced drawings. All piping utilized on the 'Dry Fire Protection Systems" will be black steel piping utilizing black cast iron fittings on all piping 2" and below. All piping 2 % and above will be black steel and utilize grooved painted fittings. All piping and devices will be UL 1 FM fisted for the use on Fire Protection Systems. Our piping will be supported as per NFPA 73. All test and inspections will need to be coordinated to insure we are complete when agreed. All information we have, was gleaned from the drawings noted above. Our work to be roughed in and inspected prior to ceilings tiles or soffits being installed. This work will include the installation of sprinkler piping, devices and sprinkler heads as needed to protect the building, as shown on the above referenced drawings. Underground Pipinq: NIA Addenda: N/A Performance Under Pressure Turning Heads Since 1999 ~ PIEDMONT FIRE PROTECTION SYSTEMS 3609 Bastion Lane, Raleigh, NC 27604 919-212-2356 office • 919.212.2357 fax E-mail: tvoncannonna~.oiedmontfire.com North Carolina License 22451 FS Class 1 General ClarificationslQualifications: - The office area and the mechanical areas are to be protected by the wet system provided and installed. - Valve and/or access panels, are provided in our pricing. The access panels will installed and painted by others at no cost to Piedmont. -A Dry system is included for the attic space. Exclusions: • Bonds, • Pre-action system. • Galvanized piping. • Ceiling removal, ceiling replacement • Access Panels for our work, are to be installed and painted'by others • i=lectrical power wiring • Building Fire alarm interface. • Gaseous System • Painting andlor patching, • Painting of piping concealed or exposed • Fire alarm, wiring, or interface. • Soffits to conceal piping, • Cutting of ceiling the for sprinkler heads, • Interstitial ceiling protection, • Our drawings will be sealed by our on staff NICET III, - Wet System design, materials piping and labor to install the overhead wet system at the roof level will be provided in all interior heated areas not covered by the dry system. - Dry System design, materials piping and labor to install the overhead dry system will be provided in all unheated areas not covered by the wet system. Worlc as described above Perfornnance Under Pressure Turning Heads Since 1999 ~ PIEDMONT F1RE~ p~or~cTioN sYST~n~s 3b09 Bastion Lane, Raleigh, NC 27bU4 919-212-2356 office - 919.212.2357 fax E-mail: tvoncannon rr,piedmontfire.com North Carolina License 2245 I FS Class 1 We want to perform the work on this project. We have the experienced efficient work crews that will perform this work in a professional manner. Our Local crews are fully supported by our local Office. The local support and manpower will perform this work in a manner that will provide you with a timely and superior project. Price subject to revision if not accepted within 30 days. We thank you for the privilege of submitting this proposal. Respectfully, Piedmont Fire Protection Systems Thomas A. VonCannon Thomas A. VonCannon Executive Director of Corporate Sales Purchaser's written execution of this proposal shall constitute acceptance thereof and shall be deemed to form a written contract between the parties that specifically includes all terms and conditions set forth on the reverse side hereof. Performance Under Pressure Turning Heads Since 1999