HomeMy WebLinkAbout1997 S Purchasing - Blythe Constructionf for Public Works Paving Project ORIGINAL SIGNATURES
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CONTRACT COPY 3
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THIS AGREEMENT, made and entered into this day of August 5 1997, by and
between the County of Orange, North Carolina, hereinafter called the County, and
Blythe Construction, Inc. , hereinafter called the Contractor.
WTTNESSETH; That the Contractor, for the consideration hereinafter fully set out, and the County, for
the construction of work performed, agree as follows:
1. Scope of Work: The Contractor shall furnish and deliver all the materials and perform all the
work in the manner and form as provided in the following listed Plans, Specifications, and Contract
Documents, which are hereby made a part hereof, as if fully contained herein, for the Public Works Motor
Pool Facility Paving Project, located in central Orange County,North Carolina.
CONTRACT DOCUMENTS
a. Instruction to Bidders
b. Proposal .
c. Contract (this document)
d. MBE Requirements for Construction Contracts
e. General Provisions
f. Supplemental General Provisions
g. Project Special Provisions
h. Detailed Specifications
i. Appendices
j. Plans
2. Time of Completion: The Contractor shall complete the work to be performed under this
Contract not later than the date set by the Purchasing Director in written Notice to Proceed, said date to be
within one hundred twenty (120) days after issuance of notice. This work shall be completed within the
schedule as indicated in the Supplemental Provisions unless such time of completion of the Contract Is
extended by the County. Should the time of completion of this Contract be extended for any reason, such
extension shall not affect the validity of the Contract.
3. Fee for Service: In consideration of the performance of the Contract, the County agrees to pay
the Contractor in current funds, as compensation for his service, fees based on the actual work done at the
Bid Schedule stated in the Proposal. Fees shall be paid monthly in accordance with the paragraph entitled
"Partial Payment" in section 90 of the General Provisions.
4. Applications for Payment: The Contractor shall apply for payment under this Contract in
accordance with the paragraph entitled "Partial Payment" in section 90 of the General Provisions.
5. Certification of Payment: The Purchasing Director shall verify the Contractor's statement of
monies due under this Contract, and shall have payment issued within fifteen days for all such charges
which are approved.
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6. Acceptance and Final Payment: Upon submission by the Contractor of evidence satisfactory to
thet`omrtythat all payrclls,'ma r al bills, and other costs incurred by the Contractor in connection with
the-,wn&tfu on of the work have been paid in full, final payment on account of the Contract shall be made
within thirty (30) days after the completion by the Contract of all work covered by Contract and the
acceptance of such work by the County.
7. Liquidated Damages: It is mutually agreed between the parties that time is of the essence in the
completion of this Contract and there will be, on the part of the County, substantial monetary damage in
the event that the Contractor should fail to complete the work the work within the time fixed for
completion in the Contract or within the time to which such completion may have been extended.
Liquidated damages in the amount as indicated in the Supplemental General Provisions will be deducted
and retained out of the monies which may become due the Contractor for every calendar day the time of
work exceeds the Contract Time as stipulated In the Supplemental General Provisions.
8. Responsibility of Contractor: In addition to the General Conditions, which are made a part of
this Contract, it is further weed that in all operations connected with this Contract, the Contractor shall be
held responsible for any failure to adhere to and comply with all local ordinances and laws controlling in
any way the actions of those engaged upon the work, or affecting any materials, transportation or
disposition of same. The Contractor agrees to assume all liability for and to indemnify the County against
any losses, costs, damages and liabilities that may arise by reason of any liens, claims, or demands for either
material purchased or for work performed by laborers, mechanics and others and from any damages,
claims, costs, actions or causes of action and judgment that may arise from personal injuries or property
damages sustained by mechanics, laborers, or any person or persons by reason of accidents or otherwise,
occurring through the neglect or carelessness of the Contractor, his agents employees or workmen and any
subcontractor and from damages to the public, injury of any person, Corporation, etc., including any cost
of defense, sustained by depositing materials. The Contractor shall be notified of the bringing of suits in
such cases and be permitted to defend same by his own counsel. The Contractor and shall hold harmless
the County from all liabilities, claims,judgments, costs and expenses which may in any manner arise against
the County in consequence of the granting of this Contract, or which in any way may result from the
carelessness or neglect of the Contractor, his agents, servants, or employees, and any subcontractor.
9. Guarantee: It is understood that the Contractor guarantees all material and workmanship for a
period of one (1) year dating from the date if the final acceptance of the Contract.
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LET �4TT�+�ESS WHEREOF, The County and Contractorhereto have executed -_his Contract, by
signature of their duly authorized oEcials, on the day and date first above written ir. three (3)
counterparts, each of which shall be deemed an orismal Contract.
FOR AND ON BEHALF
OF THE CONTRACTOR:
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i
I
Blythe Construction, Inc. r
Contractor
v
BY: BY:
Ro G. Pith, Vice P esident
FOR AND ON BEHALF OF
ORANGE COLNTTY, NORTH CAROLL A:
The Countv of Orange
O-wner
BY.
Bond No. B 276 94 19
RELIANCE INSURANCE COMPANY
Head Office,Philadelphia,Pennsylvania
PERFORMANCE BOND
The American Institute of Architects,AIA Document A311,February 1970 Edition
KNOW ALL MEN BY THESE PRESENTS: That (here insert full name and address of legal title of Contractor)
Blythe Construction,Inc.
Post Office Box 31635
Charlotte,NC 28231
as Principal,hereinafter called Contractor,and RELIANCE INSURANCE COMPANY,a corporation of the State of Pennsylvania,with
its Head Office at Philadelphia,Pennsylvania, as Surety,hereinafter called Surety, are held and firmly bound unto(Here insert full name
and address or legal title of Owner) The County of Orange
200 S.Cameron Street
Hillsborough,NC 27278
as Obligee,hereinafter called Owner,in the amount of
One Hundred Seventy-six Thousand Eight Hundred and No/100------
Dollars ($176,800.00 ), for the payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has
by written agreement dated June 2, , 1997 entered into a contract with Owner for
Orange County Motor Pool
Rework of existing ABC,new ABC,asphalt paving
BCI Job#71020-126
in accordance with Drawings and Specifications prepared by(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner,
Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's
obligations thereunder,the Surety may promptly remedy the default,or shall promptly
1) Complete the Contract in accordance with its terms and conditions,or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by
Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there
should be a default or the succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less the balance of the contract price;but not exceeding, including other costs and damages for which
the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the contract price,"as used in
this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2)years from the date on which final payment under
the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or
the heirs,executors,administrators or successors of Owner.
Signed and sealed this 2nd day of June , 1997.
BLYTHE CONSTRUCTION.INC. (Seal)
Principal
Witness
Title
RELIANCE INSURANCE COMPANY
-Cb
Witness karyann Isenberg,Attorney-in-Fact
Performance Bond
Revised to February, 1970
SB 571 Sax(1)Printed in U.S.A.
BDR-2304 ED. 7-71
RELIANCE INSURANCE COMPANY
Head Office,Philadelphia,Pennsylvania
LABOR AND MATERIAL PAYMENT BOND
The American Institute of Architects,AIA Document A311,February 1970 Edition
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That (here insert full name and address of legal title of Contractor)
Blythe Construction,Inc.
Post Office Box 31635
Charlotte,NC 28231
as Principal,hereinafter called Contractor,and RELIANCE INSURANCE COMPANY,a corporation of the State of Pennsylvania,with
its Head Office at Philadelphia,Pennsylvania,as Surety,hereinafter called Surety, are held and firmly bound unto(Here insert full name
and address or legal title of Owner) The County of Orange
200 S.Cameron Street
Hillsborough,NC 27278
as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of
One Hundred Seventy-six Thousand Eight Hundred and No/100 ----
Dollars ($176,800.00--- ), for the payment whereof Principal and Surety bind themselves,
their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,Contractor has by written agreement dated June 2 , 1997,entered into a contract with Owner
for
Orange County Motor Pool
Rework of existing ABC,new ABC asphalt paving
(BCI Job#71020-126)
in accordance with Drawings and Specifications prepared by(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then
this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,
material, or both, used to reasonably required for use in the performance of the Contract, labor and material being construed to include
that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such
claimant's work or labor was done or performed, or materials were furnished by such claimant,may sue on this bond for the use of such
claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the
following: the Principal,the Owner, or the Surety above named,within ninety(90)days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials for which said claim is made, stating with the substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such
notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which
legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public
officer.
b) After the expiration of one(1)year following the date on which Principal ceased work on said Contract,it being understood,
however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be
'deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the sate in which
the project,or any part thereof,is situated,or in the United States District Court for the district in which the project,or any part thereof,is
situated,and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,
inclusive of the payment by Surety of mechanic's liens which may be filed of record against said improvement,whether or not claim for
the amount of such lien be presented under and against this bond.
Signed and sealed this 2nd day of June , 1997.
1 � BLYTI3E CONSTRUCTION INC (Seal)
Principal
Witness
Title
RELIANCE INSURANCE COMPANY
P�n Q-s- n -
Witness Maryann Isenberg,Attornev-in-Fact
Labor and Material Payment Bond
Revised to February, 1970
SB 571 Sax(2)Printed in U.S.A.
BDR-2304 ED. 7-71
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY,are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint James W. Bland,Vickie L. Petrea, Donna K. Ashley, Martin Pellazza, H. Waype Gibson, Maryann Isenberg., of Charlotte,
North Carolina their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any
and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings
and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of
such officers, and hereby ratifies and confirms all that their said Attorneys)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairmen of the Board,arhy Senior Via President,any Via President or Assistant Vice President or other officer desigrsted by the Board of
Directors stall have power and authority to(a)appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizance*,contracts of indemnity
and other writinpe obligatory in the nature thereof,and(b)to remove any such Attorney(si-in-Fact at any time and revoke the power and authority given to them.
2. Attorneytsl-itrFact shah have power and authority,subject to the terms and limitation of the Power of Attorney issued to them, to execute deliver an behalf of the Company,bonds
and undertakings. recognizences,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seat is not necessary for the validity of any bonds and undertakings.
reeognizaxes,contracts of indemnity ad other writings obligatory in the nature thereof.
3. Attorrey(a)-in-Fact shall haw power and authority to execute affidavits required to be attached to bonds,recognizance*, contracts of indemnity or other eorditional or obligatory
undertakings and they"I also have power and authority to certify the financial statement of the Company ad to copies of the By-Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committee*of the Boards of Directors of Reliance
Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Coo".dated as of February 28, 1994 and by the Executive and Financial
Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of Martin 31,1994.
'Resolved that the signatures of such directors and officers and the sets of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by
focsimile.a d any such Power of Attorney or certificate bearing such facsimile signature*or facsimile seat shah be valid and binding upon the Company and shy such Power so
executed and certified by facsimile signatures and facsimile seal shale be valid and binding upon the Company,in the future with respect to any bond or undertaking to which it Is
attaehad.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed,this November 11,
1994.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
1eteaa o+�g ��r UNITED PACIFIC INSURANCE COMPANY
`SE el'' RE r CE NATI NAL F1�frfI11C CO ANY
S i " 1 teas 71
Jes-
s C rpr se �cal l
M«taf sAr.a.�
STATE OF Pennsylvania
COUNTY OF Philadelphia Be.
On this, November 11, 1994, before me, Valencia Wortham, personally appeared Charles B. Schmalz, who acknowledged himself to be the
Executive Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance
Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the
purpose therein contained by signing the name of the corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
NOTARf�L SEAL OF = �n
:VA:LENCIA WORTNAAA.Notary Public
Philadelphia.Phila.County Notary Public in and for the State of Pennsylvania
mission Exoiree.Nov. 18. 1996 Residing at Philadelphia
I, Anita rppert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY,and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2 y of .JUNE 1997
a`t hs`~•4 n�roa,�� Secretary
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S`'a r �` `' – f i 1099 t,
SLAL
:::.:.::::i:::::::i:::...:;. ::i:::::::: : :....: .::::.:..::..:: ..:. +'. :::::: ......... DATE-MM DD Y <.
..............:.:.:.:.....................................................................................::c .
05/30/1997
0!1997
PRODUCER 704-343-41OU TH IS CERTIFICATE IS
ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Alexander&Alexander of the Carolinas, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
121 West Trade Street COMPANIES AFFORDING COVERAGE
2300 Interstate Tower
COMPANY
Charlotte NC 28202-5399 A RELIANCE NATIONAL INDEMNITY CO
INSURED COMPANY
Blythe Construction, Inc. B AMERICAN GUARANTEE& LIABILITY
P.O. Box 31635 COMPANY
2911 North Graham Street C
Charlotte, NC COMPANY
28A33 D
Ct1 ...
THIS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE....
S S E A O E FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION - - LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
• GENERAL LIABILITY NGBO118026 09/30/1996 09/30/1997 GENERAL AGGREGATE $ 3,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $ 1,000,000
CLAIMS MADE X❑ OCCUR PERSONAL&ADV INJURY S. 1,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 100,000
MED EXP(Any one person) $ 5,000
• AUTOMOBILE LIABILITY NKA0118027 09/30/1996 09/30/1997
X ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY.
EACH ACCIDENT $
AGGREGATE $
B EXCESS LIABILITY AU08354134-01 09/30/1996 09/30/1997 EACH OCCURRENCE $ 5,000,000
X UMBRELLA FORM AGGREGATE $ 5,000,000
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND NWA01 18024 09/30/1996 09/30/1997 X WC STATU- 0TH,
RY LIMITS ER
EMPLOYERS'LIABILITY
EL EACH ACCIDENT $ 1,000,000
THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Form#CG 20 10 10 93,#CG 25 04 11 85
PROJECT:ORANGE COUNTY MOTOR POOL HILLSBOROUGH,NC WORK: REWORK OF EXISTING ABC,NEW ABC,ASPHALT PAVING
Ear-:-:IL3lSl:€1:?[:[[ ? [? '.>< >' s: ... :[['::`'<>«>
CERTIFI CATE:..H# LD EEt..:.:....................................................................::::::.::. ..............:...............................................:::.::.: :::.:::::::::.:::::::::::::::::.::::......::.::::::::::::::::::::::::::.:.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
THE COUNTY OF ORANGE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
200 S. CAMERON STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT.
HILLSBOROUGH, NC 27278 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Teresa Gwyn .Y
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(olds#67018