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HomeMy WebLinkAbout1996 S Purchasing - Eakins Plumbing for SHSC Construction W/ -3- 79 ORIGINAL SIGNATURES • +� `� FORM OF CONSTRUCTION CONTRAC IPPY t DIST: ( 0MZEBZC09Q MULTI-PRIME PLUMBI G CONS RUCTIOP THIS AGREEMENT, made the 25th day of June in the year of 19 96 by and between Eakins Plumbing Co. , Durham, NC . hereinafter called the Party of the First Part and Xff 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. Sco a 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; proj)erty damage and builder's risk insurance certificates; 1# Yd and drawings, titled: "nrangP Crnmt Sou h n Human Services Center. Chapel Hill. NC". ac mnd_if_ied by "F.xhibi A". attached hereto. Consisting of the following' sheets: See pages 00020-2 and 00020-3 of the Specifications. Dated: February 23, 1996 and the following addenda: Addendum No. _ 1 Dated 1/19/96 Addendum No. Dated Addendum No. 2 _ Dated y2n/96 Addendum No. Dated Addendum No. _A Dated 1/21/96 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 thereot liquidated damages shall be as stated in Supplementary General Conditions. The Pary 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 b� 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 azy other cause whatsoever shall not carry on the work in an acceptable manner, the Party of the Second Part may give notice in writing, sent by certified mail, return receipt requested, to the Party of the First Part and his surety of such delay, neglect or default, specifying the same, and if the Party of the First Part within a period of fifteen(15) days after such notice shall not proceed in accordance.therewith, then the Party of the Second Part shall, declare this contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time 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 certified mail, return receipt requested, that he is taking the same over and stating that he will diligently pursue and complete the same, the Party of the Second Part shall have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of said Party of the First Part, to appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said contract accordin;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: One hundred and one thousand one hundred eighty-four dollars 101,184.00 ) • Summary of Contract Award: See 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 pa ent 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 of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second 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, be deemed an original contract. Witness: Eakins Plumbing Co. Contr tor: (Trade or Corporate Name) By: e:o�ksl i p or Partnership)opr ) Attest: (Corporation) Title: (�9 — (Owner, Partner, or Corp. Pres. or Vice Pres. only) By: Title: (Corp. Sec. or Asst. Sec. only) (CORPORATE SEAL) T$KXMNM xffi7& XthVd" l Witness: County of Orange, North Carolina L By: Title: E( HIBIT A FORM OF CONSTRUCTION CON'T'RACT - EAIQNS PLUMBING CO. 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 ADIUSTMENT 1. Utilize PVC piping and fittings throughout for waste, vent, and roof leaders DEDUCT: $ 6,422 2. Utilize a less expensive fixture package based on information from Ferguson Enterprises, received 6/14/96, with changes to water closets and janitor's sinks provided 6/26/96 DEDUCT: 2.394 TOTAL ADJUSTMENTS: DEDUCT: 8,816 AMOUNT OF BASE BID: $110,000 TOTAL CONTRACT AMOUNT: $101,184 JUL 09.,._b_•_•1:1.�_SvaM...I,NSURANCE,.PEOPLE :NC .. ,.:.:...;....::.,..:.. :..,;:. < ;•:::::::::�:< :..:..:;:,::.,::.. ...... .............. C:SR DT. DATE(M V,C .:�ARZN.�. ..:: 07/09/96 A PaoDUcER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance People of N.C. Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3310 Croasdaile Dr., Ste. 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Durham NC 27705 COMPANIES AFFORDING COVERAGE COMPANY Phwaw, 919-383-0442 j!e N A Pe=ffylvania National MISURW COMPANY B COMPANY James V. Eakins Plumbing Co. C P. O. Box 15477 COMPANY Durham NC 27704 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE .•:.., .:. :. LIS TED BELOW HAVE BEEN I SSUE TO THE INSU RED NAME D 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 SUOJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE DF 1NSURANCfE POLICY NUMBER POLICY EFFECTIVE FV%EXPIRATION LIMITS LTR DATE IMMAM/TY1 (MM/DDiYY) GENEiALUJIMILifY I GENERAL AGGREGATE 42,000,000 A ' $ COMMERCIAL GENERAL LIABILITY 526 000 5354 01/22/96 01/22197 PRODUCTS-COMPIOPAGG 02,000,000 CLAIMS MADE Q OCCUR PERSONAL&ADV INJURY $Z,000,ODO OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 11 $1,000,000 FIRE DAMAGE(Any ens fire) $ 50,000 MED EXP(Any ano Daran) : $ 5,003- AUTOMOBILE LABILITY I COMBINED SINGLE LIMIT 6 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS IPer person HIRED AUTOS I BODILY INJURY -0 NONWNEO AUTOS 1 (Per eccaent) $ I [PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO i OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE 9 LU935 LIABILITY I EACH OCCURRENCE _ $ UMBRELLA FORM AGGREGATE G OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND T C STATIT I 07H•i:r::'•,:i:%::;•::<S•'::::>:.:::.;..:f::: EMPLOYERS'LIA61ILM EL EACH ACCIDENT $100,000 ' A !THE PROPRIETORI INCL 000 414505 5 01/22/96 01/22/97 �ELDISEASE.POLICY LIMIT ' 450U,000 PARTNERS/EXECUTIVE OFFICERS ARE: X EXCL EL DISEASE-EA EMPLOYEE to 100,000 OTHER DESCRIPTION OF OPERATfONS ILOCATIONSNEHICLESISPECIAL ITEMS ORANGHC SHOWN ANV OP THE AsOVS pESORIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Orange County Southern Human 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLM NAMED To THE LEFT, Services Center BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 00LIOATION OR UAIMUTV Chapel Hill, NC 0 NY KIND UPON THE COMPANY,ITS AGENTS OR REPMONYATIVES. AUT RUED REPRES� . ....:..:...: � uI-a-- Z. THIS APPENDIX MUST BE SUBMITTED WITH BID APPENDIX D MBE UTILIZATION COMMITMENT We, K1ZVPnj.A1C CP+ do certify that (Bidder) on the �j✓l�NG t- �,� �' SaCiNc,J l��i.9.l� S��tu�'4+j' .c�r✓t (Project Name) will expend a minimum of (Dollar 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 J.dies E14/c,`�VS by firm listed /[. a 7S 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. rr"►QS /�,`,l/S' _Date: V" O Name of Authorized Officer Signature: Title: Q2 MBE UTILIZATION COMMITMENT - APPENDIX D -1 hl(3-12 APPENDIX E LETTER OF INTENT TO PERFORM AS A SUBgONTRACTOR OR TO PROVIDE MATERIALS OR SERVICES SUBJECT: 024x1G f_ &yAdx 5 44#,,e/ 4 ,M-nAAI Se-iv,rex CG✓Vc'2 ( ame of Project) /^ TO: G- 4K-A-1S /�Cc�m6,-,a/ G 6)->'&WSJ (Name of Prime Bidder) .The undersigned intends to perform work in connection with the above project as a Minority Business Enterprise. The MBE status of the undersigned is certified by the State of North Carolina. The undersigned is prepared to perform the following described work or to provide materials or services in connection with the above project. Please specify in detail the particular work items, materials or services you will perform or provide as it regards this project. State the price you have quoted: $ Subcontracting at any tier must be reported and is subject to all MBE compliance requirements. This form shall be used for MBE subcontracting at any level. F1�l i it1 S ��C/Y✓l GJi�U G- Name of Minority Contractor DATE• l j �l G BY: LETTER OF INTENT. . .APPENDIX E —I ' M5-t3 Bond # STD0614910 Form OC-13 SECTION 307 FORM OF PERFORMANCE BOND Date of Contract June 25, 1996 Date of Execution: July 2, 1996 Name of Principal: Plumbing Co. (Contractor) . Name of Surety: Nobel Insurance Company Name of Contracting Body: County of Orange, North Carolina Amount of Bond: $101;184.00. 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, admuustrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas th=eto pal entered into a certain contract with the contracting body, identified as shown above attached: NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, 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 an y guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, 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 WI'T'NESS 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: I Eakins Plumbing Co. Contractor: (Trade or Corporate Name) - By: �:7prietorship or Partnership) test: (Corporation) Title: (owner, Partner, or Corp. Pres. or Vice Pres. only) By: Title: (Corp. Sec. or Asst. Sec. only) (Corporate Seal) Nobel Insurance Company (Surety Company) Witness//: By: G� Title: Mar N. Burns (Attorney in Fact) Cop tersigned: -&I'v( -,-� (Surety Corporate Seal) (N.C. Licensed Resident Agent) Name an Addye s-Surety Agency - The on '. 4. BOX 220127 CHARLOTTE, NC 28222 _ Surety Company Name and N.C. Regional or Branch Office Address 138 BOND # STD0614910 Form OC-10 SECTION 308 FORM OF PAYMENT BOND Date of Contract: June 25, 1996 Date of Execution: jul,L 2. 1996 Name Of Principal: Eakins Plumbing Co. (Contractor) Name of Surety: NnhP1 TncuranrQ Cnmpany Name of Contracting Body.* County of Orange, North Carolina Amount of Bond: $101.184.00 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, -adm.inistrators, 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 S:sup Sib or/material in the prosecution of the work provided for in said contract, and any all authorized modifications of said contract that may hereafter be made, notice of which mfications 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: Eakins Plumbing Co. _ • Contractor: (Trade or Corporate Name) By. 2(P oprietorship or Partnership Attest: (Corporation) Title: © --L 139 (owner, Partner, or Corp. Pres. or. Vice Pres. only) By: Title: (Corp. Sec. or Asst. Sec. only) (Corporate Seal) Nobel Insurance Company (Surety Company) Wi ess: By: x-/3W*' Title: Mary N. Burns jj 1 (Attorney in Fact) Countersigne t, L (Surety Corporate Seal) (N.C. Licensed Resident Agent) Nang and Address-Surety Agency The Bond Ext any,, P. 0. BOX 220127 CHARLOTTE, NC 28222 Surety Company Name and N.C. - Regional or Branch Office Address 140 .y NOBEL INSURANCE COMPANY 614910 GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That NOBEL INSURANCE COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint Dale E. Clark,Mary N.Bums or Beth J.Joy its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ************Three million five hundred thousand dollars ($3,500,000)************ This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 24th day of August,1995. "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them is,authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof,NOBEL INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of October,1995. Attest: NOBEL INSURANCE COMPANY By •.9„pANCt•�C.- :.`.-.SEAL.:: Steven W.James,Assistant Vice President Emil B.Askew,Vice President f STATE OF GEORGIA } Ss: COUNTY OF DEKALB On this 1st day of October, 1995,before me personally came Emil B.Askew,to me known,who being by me duly sworn did depose and say that he is a Vice President of NOBEL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. c^ OFFICIALSEAL -Y• .. N.CAPE NOTARY E NOTARY yiJ w�r MY COMMISSION ON EXPIRE! �[r AUGUST 3,1998 Lenora N.Cape NOTARY PUBLIC My Commission Expires August 3, 1998 CERTIFICATE I,the undersigned,an Assistant Secretary of NOBEL INSURANCE COMPANY,a Texas corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the city of Atlanta in the State of Georgia. Dated the day of --j U L V 119 9 G. ••gip ANCp•• • CO.9i SEAL) Charles B.Cape,Assistant Secretary