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HomeMy WebLinkAbout1996 S Purchasing - Comfort Engineers for SHSC Construction ORIGINAL SIGNATURES COPY FORM OF CONSTRUCTION CO T"T' jam=)MULTI-PRIME MECHANICAL CONSTRUCTION THIS AGREEMENT, made the 25th day of June in the year of 1996 by and between Comfort Engineers Durham, NC hereinafter called the Party , of the First Part and XKKbXXS �X =r12YXXk'Z0 4XXt tt the County of Orange, Hillsborough, North Carolina. hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions; Supplementary General Conditions; specifications; accepted proposal; contract; performance bond; payment bond; power of attorney; workmen's compensation; public liability; property damage and builder's risk insurance certificates; xppMVt7 � tffae and drawings, titled: "Orange County Southern Human Services Center, Chapel Hill, NC", as modified by "Exhibit A", attached hereto. Consisting of the following sheets: See pages 00020-2 and 00020-3 of Specifications. Dated: February 23, 1996 and the following addenda: Addendum No. 1 Dated 3/19/96 Addendum No. Dated Addendum No. 2 Dated 3/20/96 Addendum No. Dated Addendum No. 3 Dated 3/21/96 Addendum No. Dated Addendum No. Dated Addendum No. Dated 2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Second Part and shall _ fully complete all work hereunder within _ 425 -- consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the considerations for the awarding of this contract, has furnished to the Party of the Second Part a construction schedule setting forth pplanned progress of the project broken down by the various divisions or part of the work and by calendar days. If the Party of the First Part fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time above specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work, or shall perform the work unsuitably or shall discontinue the prosecution of the work, or if the Party of the First Part shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow an final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Party of the Second Part ma give notice in writing, sent by certified mail, return receipt requested, to the Party of the First Part and his surety of such delay, neglect or default, specifying the same, and if the Party of the First Part within a period of fifteen (15) days after such notice shall not proceed in accordance.therewith, then the Party of the Second Part shall, declare this contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time frame specified. In the event the surety shall fail to take over the work to be done under this contract within fifteen (15) days after being so notified and notify the Party of the Second Part in writing, sent by ce ed mail, return receipt requested, that he is taking the same over, and stating that he will diligently pursue and complete the same, the Party of the Second Part shall have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of said Party of the First Part, to_appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said contract according to the terms and provisions thereof or use such other methods as in his opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Party of the Second Part, together with the costs of completing the work under contract, shall be deducted from any monies due or which may become due said Party of the First Part and surety. In case the expense so incurred by the Party of the Second Part shall be less than the sum which would have been payable under the contract, if it had been completed by said Party of the First Part, then the said Party of the First Part and surety shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the contract, then the Party of the First Part and the surety shall be liable and shall pay to the Party of the Second Part the amount of said excess. 3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: Four hundred forty-nine thousand four hundred thirtg-seven dQ.11ars ( 449,437.00 ) • Summary of Contract Award: See attached Exhibit "A". 4. On or before the 20th day of each calendar month, the Party of the Second Part shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5%) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this agreement and until such work has been accepted by the Second Party. The Second Party may elect to waive retainage requirements after 50 percent of the work has been satisfactorily completed on schedule as referred-to in Article 31 of the General Conditions. - 5: Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within thirty(30) days after the completion by the First Party of all work covered by this agreement and the acceptance of such work by the Second Party. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bonds hereto attached for its faithful performance, the Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt or notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. ' IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and date first above written in six counterparts, each of which shall without proof or accounting for other counterparts, eemed an original contract.. Witness: Comfort Engineers Contractor: (Trade or Corporate Name) B �?4 ZZ (Proprietorship or Partnership) AL-AJ Attest: (Corporation) Ti le: �. W ���� r 1'i2Cs 1o�q- (Owner, Partner, or Corp. Pres. or Vice Pres. only) Titl ( orp. ec. or Ass . Sec. or (CORPORATE SEAL) Witness• ORANGE COUNTY, NORTH CAROLINA By: Title: ,=*� 3 Form OC-13 SECTION 307 FORK OF PERFORMANCE BOND Date of Contract: June 25, 1996 Date of Execution: July 8, 1996 Name of Principal: Comfort Engineers (Contractor) Durham, NC Name of surety: Fidelity and Deposit Company of Maryland Name of Contracting Body: County of Orange, North Carolina Amount of Bond: $449,437.00 Project: Orange County Southern Human Services Center, Chapel Hill, NC KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertaldngs, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertalcin covenants; terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. 137 IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and co orate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in six counterparts. Witness.• Comfort Engineers Contractor: (Trade or Corporate Name) (Proprietorship or Partnership) By: 4/4— Z. Attest: (Corporation) Title: FR 4t-siA&-Yo; (Owner, Partner, or Corp. Pres. or Vice Pres. only) B Title: 41 (C S r Asst. Sec ly) (Corporate Seal) Fidelity and Dep s ' Company of Maryland (SU09ey Comp Witness: By: C Title• Shirley Al ' , Attorney-i n-fact • (Att rney in Fact) 1 1 Count s ' ne ` (Surety Corporate Seal ( Y orate P ) Shirley J. E1 s (N.C. Licensed Resident Agent) First Insurance Services, Inc. Durham, NC Name and Address—Surety Agency Fidelity and Deposit Company of Maryland Charlotte, NC Surety Company Name and N.C. Regional or Branch Office Address 138 Form OC-10 SECTION 308 FORM OF PAYMENT BOND Date of Contract: June 25, 1996 Date of Execution: July 8, 1996 Name of Principal: Comfort Engineers (Contractor) Durham, NC , Name of Surety: Fidelity and Deposit Company of Maryland Name of Contracting Body: County of Orange, North Carolina Amount of Bond: $449,437.00 Project: Orange County Southern Human Services Center, Chapel Hill, NC KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall promptly make payment to all persons supplyingg labor/material in the prosecution of the work provided for in said contract, and any and all dul authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in six counterparts. Witness: _ Comfort Engineers _ Contractor: (Trade or Corporate Name) (Proprietorship or Partnership Attest: (Corporation) Title: ��QCS olzt"i-I- 139 (Owner, Partner, or Corp. Pres. or Vice Pres. only) Titl (Corp ec. r Asst. Sec. only (Corporate Seal) Fidelity and Deposit Company of Maryland (Sure om a r Witness: By: C 6W (.( Title: Shirley L&is, Attorney-in-fact (Attorney in Fact) Counter ned: 2� (Surety Corporate Seal) Shirley J. E it (N.C. Licensed Resident Agent) First Insurance Services, Inc. Durham, NC Name and Address-Surety Agency Fidelity and Deposit Company of Maryland Charlotte, NC Surety Company Name and N.C. - Regional or Branch Office Address 140 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Tara J. Smithwick, Spencer L. Clendenin and Shirley J. Ellis, all of Durham, North Carolina EACH. . . . ITrrr—ueancl lawful agent and Attorney-in-Fact,to make,execute, seal an ver,for, is behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . . . . . ° . . . . . . . . . . . . . Ana me execution of such bonds or undertakings in pursuanc se prese ° 1 be as binding upon said Company, as fully and amply,to all intents and purposes,as if they had been duly a and ac ed by the regularly elected officers of the Cpmgany at its office in Baltimore, Md., in their own proper perso is pow attorney revokes that issued n behalf of Leslie A. Stocks, etal da� Septe4, 1992. The said Assistant Secretary does hereby certify th xtract set on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now ' M IN WITNESS WHEREOF, the said Vice-Presi Assis retary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DE COMPAN .Q ARYLAND, this�_____�______________2_�St____________—______day of ---------July----------------- A.D. 19_13 ° _ , FIDEL DEPO I MPANY OF MARYLAND ATTEST SEAL °- -d 4�..J� By j _1 - Assistant Se Vice- sident STATE OF MARYLAND Q COUNTY OF BALTIMORE ss' On this-2-1-91----day of—---------Jul�'___�__, A.D. 1993_, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR., Vice-President and C. W. ROBBINS,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 9 Pueuc CAROL J. FAD R Notary Public My Commission Expires-------------------August_1_1996 ___�___ CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upp the Company with the same force and effect as though manually affixed." IN TESTI Y WHEREOF, I have hereupt�subscribed my name and affixed the corporate seal of the said Company, this ____ dayof-------- - - ----------------- -- 19__ ----------------------- ------- -- -------------------------------- Assistant Secretary Llazsc 177-0432 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. . .and to affix the seal of the Company thereto." SHEET FOR ATTACHING POWER OF ATTORNEY 141 07/08/96 . ............ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FIRST INSURANCE SERVICES INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. P 0 BOX 52409 COMPANIES AFFORDING COVERAGE DURHAM NC 27717 COMPANY A PENN NATIONAL CAS CO COMPANY COMFORT ENGINEERS INC B KEY RISK MANAGEMENT COMPANY P 0 BOX 2955 C DURHAM NC 27715 COMPANY I .............. .......... ... D t................... ... . ..... .. ... ..... ............................. ........... . ... .......... .. ........ Isis TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 LABS LTR DATE(MMMDNY) DATE(MM/DD/YY) GENERAL LIABILITY AC90028920 07/01/96 07/01/97 GENERAL AGGREGATE s2 , 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG s2, 000, 000 CLAIMS MADE -1 OCCUR PERSONAL&ADV INJURY $1, 000, 000 Fx OWNERS&CONTRACTORS PROT EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one fire) $1, 000, 000 MED EXP(Any one person) 111 5, 000 AMOMOBILSLIABILm AU90028920 07/01/96 07/01/97 1, 000, 000 X ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per P—) X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $XXX ........... ........... ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $XXX AGGREGATE $XXX EXCESS LMUNLITY EACH OCCURRENCE $XXX UMBRELLA FORM AGGREGATE $xxx OTHER THAN UMBRELLA A FORM WORKERS COMPENSATION AM 239 7/01/96 6/30/97 X I STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ 100, 000 THE PROPRIETOR/ X INCL DISEASE-POLICY LIMIT--- 500, 0_00 PARTNERS/EXECUTIVE OFFICERS ARE EXCL DISEASE_-_EACH EMPLOYEE�$ 100, 000 OTHER DESCRIPTION OF OPERATMWLO PECIAL ITEMS ORANGE COUNTY SOUTHERN HUMAN SERVICES CENTER, CHAPEL HILL, NC SEE ATTACHED CANCELLATION CLAUSE .................... ................ . .. .... .................... ................ .. U.- COUNTY OF ORANGE MPMMGN oNm mommor, ME "Uwe eq_ —_aft —.6 lomm PO BOX 8181 HILLSBOROUGH, NC 27278 AUTHORIZED REPRESENTATIVE .. TARA J SMITHWI B L ......... ..... .... . ........... ... . ............. 07 0 8 96> .. .. ....... ................ . . ...... ... .. ............... . ............ ...... ............ :.:.N......• THIS BI WER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CO ND TONS SHOWN O THE REVERSE SIDE OF THIS FORM. PRODUCER I(TM Et)489-1883 COMPANY BlINDER# FIRST INSURANCE SERVICES INC PENN NATIONAL CAS CO EFFECTIVE DATE TIME TIME P 0 BOX 52409 AM 12:01 AM DURHAM NC 27717 06 25 96 12 : 01 M, I r%a /nq-/97 � NOON _ THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY com 21-6105 SUWCODE: X� PER Anne POLICY*. 9000065761 A4119ff- CUSTOMER®: BCOMEAO-9 DESCRIPTION OF OPERAMONSIVEHICLESIPROPEIM(h ,..di g Location) INSURED ORANGE COUNTY SOUTHERN HUMAN SERVICES COMFORT ENGINEERS INC & COUNTY CENTER, CHAPEL HILL, NC OF ORANGE SUBCONTRACTORS &: SUB-SUBCONTRACTORS ATIMA IPO BOX 2955, DURHAM, NC 27715 .................... ... . I ... . ..... . . ....................... ............... ............... . ................................ .. .............. .......­%:�................... I . TYPE OF INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINS% PROPERTY CAUSES OF LOSS "DIRECT PHYSICAL LOSS" SUBJECT TO 449, 437 . Soo NA BASIC F-]BROAD FX7 SPEC POLICY EXCLUSIONS AND CONDITIONS. :x BUILDERS RISK GENERAL LIABLfTY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG III CLAIMS MADE OCCUR PERSONAL&ADV INJURY III OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE 5 FIRE DAMAGE(Any one fire) III RETRO DATE FOR CLAIMS MADE: MED EXP(Any one person) III AUTOMOBILE LUkBLfTY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Par person) ti ALL OWNED AUTOS BODILY INJURY(Per accident) 8 SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS NON-OVMED AUTOS PERSONAL INJURY PROT III UNINSURED MOTORIST III III AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES Li SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT III OTHER THAN COL OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT III ANY AUTO OTHER THAN AUTO ONLY, ............. EACH ACCIDENT AGGREGATE III EXCESS LULBILITY EACH OCCURRENCE III UMBRELLA A FORM AGGREGATE OTHER THAN UMBRELLA FORM RETRO DATE MR CLAIMS MADE: SELF-INSURED RETENTION STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT III DISEASE-EACH EMPLOYEE SPECIAL COOTHMEMRWNS' SEE ATTACHED CANCELLATION CLAUSE. COVERAGES .... ..... ..... . .... ....... LMORTGAGEE ADDITIONAL INSURED l LOSS PAYEE LOAN AUTHORIZED REPRESENTATIVE Terrie Robed� TR(B) COMFORT ENGINEERS, INC. CANCELLATION CLAUSE COVERAGES AFFORDED UNDER THE POLICIES WILL NOT BE CANCELLED, REDUCED IN AMOUNT OR COVERAGES 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. SHEET FOR ATTACHING CERTIFICATE OF IUSURANCE 142 EXHIBIT A FORM OF CONSTRUCTION CONTRACT - COMFORT ENGINEERS ORANGE COUNTY SOUTHERN HUMAN SERVICES CENTER The following revisions are made to the scope of work defined by the bid documents and shall be documented in revised drawings to be provided by the Owner prior to work commencing on the affected items. ITEM DESCRIPTION COST ADTUSTMENT 1. Change to DX rooftop units, still VAV with variable frequency drives, and eliminate the chilled water systems DEDUCT: $ 43,939 2. Change from multiple boilers to single cast-iron boiler DEDUCT: 9,898 3. Go to rectangular shop-fabricated medium-pressure duct, in lieu of spiral DEDUCT: 4,389 4. Utilize conventional pneumatic control system for the VAV boxes only, and DDC on the remaining equipment DEDUCT: 7,500 5. Eliminate Meeting Room 019, Corridor 014 in south entrance to Multipurpose Room DEDUCT: 3,135 6. Reduce the size of Breakroom 039, Corridor 002, and Corridor 003; relocate the Sheriff's Office and Meeting Room 018 north of the H and CD offices DEDUCT: 552 TOTAL ADJUSTMENTS: DEDUCT: 69,413 AMOUNT OF BASE BID: $518,850 TOTAL CONTRACT AMOUNT: $449,437 v THIS APPENDIX MUST BE SUBMITTED WITH BID APPENDIX D MBE UTILIZATION COMMITMENT We, C evKr0 e,J'r4-1.J6 S do certify that (Bidder) on the s d' 'J Ka�.l 5 ERJ�C-e- W(S- . (Project Name) Jf 8 8S0 will expend a minimum of ar amount of bid) of the total dollar amount of the contract with minority business enterprises. MBE's will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the firms listed below. If the bidder intends to subcontract, this form must be completed regardless of the amount or lack of participation attained. Name/Phone Number/ Is firm an Description of Dollar value of Contact Person of MBE? Work work to be done by firm listed Use additional sheets as necessary. The undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the County of Orange, North Carolina. Failure to fulfill this commitment may constitute a breach of the contract. The undersigned hereby certifies that he/she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: 3 LZ 8 !.( Name of Auth rized Officer _ Signature: Title: MBE UTILIZATION COMMITMENT - APPENDIX D -1 ,f END OF PROPOSAL FORMS MP - 15