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HomeMy WebLinkAbout1995 S Purchasing - Sparrow and Sons, Inc. $76,759 ORIGINAL SIGNATURES CONSTRUCTION CONTRACT COPY W - 4 DIST: ,6k nick 61 a,,j o-,,z THIS AGRMCENT, made the in the year of 1995 by and between Sparrow& Sons, Inc., 305 Weaver Street Camboro, NC 27510, hereinafter called the Party of the First Part and the County of Orange,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: Advertise- ment, 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, and drawings,entitled: Orange County Public Works-New Vehicle Maintenance Facffi--M consisting of the following sheets. Cover, C1, C2, C& C4, Al. A2,A—&A4, A5,AQ,A7,A& S1, S2, S3, SC S5, S6,HI, H2,P1,P2,P3,El,E2,E3,E4,F1,and F2 dated-December 1. 1994 and the follow- ing addenda.- Addendum No. I Dated 1/6/95 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 300 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, shall furnish to the Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various di- visions or parts of the work and by calendar days. In the event that the progress of the work is not main- tamed on schedule by the Party of the First Part, or in the event the work is not completed within the time above specified,the Party of the Second Part may upon fifteen (15) days notice, sent certified mad, return receipt requested, to the Party of the First Part and his Sure&y. declare this Contract in default, and, thereupon, such Surety shall promptly take over said work and complete the performance of this Contract in the manner and within the time above specified, and all funds due or to become due to the Party of the First Part shall be paid to the Surety. 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 mad, 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 the right to let the work remaining to be done to some other Contractor, either by public letting or negotiation,and thereupon the Party of the First Part,the Contractor,and the Surety on his Bond shall forthwith pay the Party of the Second Part all increase in cost or loss and damage which it may sustain on account of such default on the part of the Party of the First Part. CONSTRUCTION CONTRACT-Page 1 of 3 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: seventy six thousand seven hundred Efty-nine &no/100 dollars($76.759). Summary of Contract Award: Base Bid Only. Contract amount does not include reimbursable sales tax moneys, estimated at $890. Sales taxes paid by the Party of the First Part shall be reimbursed by the Party of the Second Part. The Party of the First Part shall include sales&use taxes paid by him as a separate line item on the Application for Payment, and shall document those taxes on a Sales Tax Report. 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 ten percent(10%) of the amount of such es- timate 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. 5. Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, ma- terial bills and other costs incurred by the First Party in connection with the construction of the work has been paid in full,final payment on account of this Agreement shall be made within thirty(30)days after the completion by the 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, and 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 CONSTRUCTION CONTRACT-Page 2 of 3 IN WITNESS W I E.REOF, the Parties hereto have executed this Agreement on the day and date first above written in five counterparts, each of which shall without proof or accounting for other counterparts,be deemed an original Contract. Witness: Sparrow&Sons.Inc. Contractor:(Trade or Corporate Name) By. (prop ri rship 4W Partnership) Attest:(Corporation) Title. (Owner,Partner, or Corp.Pres. or Vice-Pres.Only) Title: -` (Corp.Sec.or Asst.Sec.Only) (CORPORATE SEAL) The County of Orange,North Carolina Witness: (Si r By: C14AIR. ORANGE C.?iJNTY Title: 130ARD c.= C�)IAMiSSIONBRs CONSTRUCTION CONTRACT-Page 3 of 3 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Sparrow & Sons, Inc. (Here insert full name and address or legal title of Contractor) 305 Weaver Street, Carrboro, N. C. 27510 as Principal, hereinafter called Contractor, and, Great American Insurance Company P. 0. Box 957, Cincinnati, Ohio (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto The County of Orange (Here insert full name and address or legal title of Owner) 116 E. Margaret Lane Hillsborough, N. C. 27278 as Obligee, hereinafter called Owner, in the amount of Seventy Six Thousand, Seven Hundred Fifty Nine and no/100 Dollars ($ 76,759.00 ), 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 February 27, 19 95, entered into a contract with Owner for (Here insert full name, address and description of project) Orange County Public Works - New Vehicle Maintenance Facility, Hillsborough, N. C. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal tale of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE,N.W.,WASHINGTON, D. C. 20006 ' WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. PERFORMANCE BOND 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 defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price, to be in default under the Contract, the Owner having but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof The term "balance may promptly remedy the default, or shall promptly of the contract price," as used In this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Contract In the amount properly paid by Owner to Contractor. accordance with Its terms and conditions, and upon de- Any suit under this bond must be Instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminls- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 2nd day of March, 1995 j, Sparrow & Sons, Inc. Prmolmll (Witne Title) Great American Insurance Company (Surert) Isca�i t°,Iq e,ra eA (Wilness) - Walter J. Snider, Attorney-in-Fact j 1,i GAUT101': You shoutc Stan z: original AIA document which has this caution Drintee 1- re:. An oriainai assures that chanties will not De ooscurea as may occur Wneh documents are reDroducE ;.. AIA DOCUMENT A311 • PERroRMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON, D. C. 20006 2 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond 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 Sparrow & Sons, Inc. (Here insert full name and address or legal title of Contractor) 305 Weaver Street, Carrboro, N. C. 27510 as Principal, hereinafter called Principal, and, Great American Insurance Company (Here insert full name and address or legal title of Surety) P. 0. Box 957, Cincinnati, Ohio as Surety, hereinafter called Surety, are held and firmly bound unto The County of Orange (Here insert full name and address or legal title of Owner) 116 E. Margaret Lane Hillsborough, N. C. 27278 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the Seventy Six Thousand, Seven Hundred Fifty Nine and no/100 amount of CC (Here insert a sum equal to at least one-half of the contract price) Dollars ($76 759.00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated February 27, 19 95 , entered into a contract with Owner for (Here insert full name, address and description of pro)ect) Orange County Public Works — New Vehicle Maintenance Facility, Hillsborough, N. C. in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal tale of Architeco which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A i FEBRUARY 1970 ED •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N W.,WASHINGTON, D. C. 20006 3 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBt1GATION 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 fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract, action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimants It being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall ci Other than not be liable for the payment of any costs or expenses in a state court of competent jurisdiction of any such suit. In and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 2nd day of March, 1995 - Sparrow & Sons, Inc. (Principal) tseal) Wttnt 717T (Title) Great American Insurance Company (Surety) (seal) f rte,, (Titlr) .<c,r:s A, slL. Walter J. Snider, Attorney—in—Fact F L:. -TIOt Y cu shoo `, s,­ c Ct IGtn-h Air co rT e 1+,hF: nz,7 to cautio7,. orinte-. "- re? P.n oricin_�l essure_ C::l_nve 1.,:, ct ::,e Q :!:.6 c m .= cc--:-,r wnen aczuments z,e renro3uce: AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O 4 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N Y.AVE., N.W.,WASHINGTON,D. C. 2!)006 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. GWMAIVEMCAN INSURANCE COMPANY 580 WALNUT STREET•CINCINNATI, OHIO 45202•513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.0 15111 SEVEN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof,provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power COLLIER COBB, III DAVID M. SPENCER ALL OF ALL JACK C. SMITH, JR. R.E.L. BARNES CHAPEL HILL, NORTH CAROLINA UNLIMITED WALTER J. SNIDER •LARRY-A. SLMERS C. DUKE THUMPSON This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOFtheGREAT AMERICAN INSURANCE COMPANY hascaused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7th day of JUne ig 93 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON—ss: On this 7t1 - day of June, 1993 before me personally appeared GARY T. DUNBAR, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument,that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1991 RESOL VED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-In-Fact to execute on behalfof the Company,as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof.•to prescribe their respective duties and the respective limits of their authority.and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed b'y facsimile to any power of attorney or certificate of either given for the execution of an'y bond. undertaking,contractor suretyship,or other written obligation in the nature thereof such signature and seal when soused being hereby adopted by the Company as the original signature ol'such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of 19 S 1029 11 f 4 931 �'iSFt 1�M>:, ISSUE DATE(MM/DD/YY) _ . _... : !: .. �'la .: . :: .: 17 I I ANDIUL . 03 95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE High & Rubish Insurance Agency DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. Box 3040 POLICIES BELOW. Chapel Hill NC 27515-3040 COMPANIES AFFORDING COVERAGE _1111 _1111. 1111.... _.........._... ...... 919-929-1144 comp Y A Owners Insurance Company ............................................................... .......... .................................................................... ... .... LETTER COMPANY B Auto-Owners Insurance _1111. INSURED _....................... ........_ ......_.............................................. .............._ ......1111. COMPANY L• LETTER COMPANY D Sparrow & Sans, Inc. LETTER 305 W. Weaver St. _. __........_.. ...... .._..._......_..._.._._........_ ...... - _..................... ......._._.._.. Carrboro NC 27510 COMPANY E LETTER cav RA THIS IS 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. .... TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMiDD1YY) = DATE I MMIDDIM GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000. A g COMMERCIAL GENERALUABILITY :36025897 01/01/95 01/01/96 PRODUCTSCOMP/OPAGG. 1,000,008. .......... CLAIMS MADE:; X ;OCCUR. PERSONAL&ADV.INJURY i 1,000,000. OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE f _1,000,000. ;FIRE DAMAGE IAnv one Tire) t 50,000. _ ............111.1........... MED.EXPENSE(Arw one person!t 5,000. AUTOMOBILE LIABILITY COMBINED SINGLE B. g ANY AUTO 93 202 206 00 01/01/95 01/01/96 LIMIT $ 1,000,000. ALL OWNED AUTOS _..., _........... ............... -1111 :BODILY INJURY g SCHEDULED AUTOS (Per person) HIREDAUTOS :.............. ................__..........;....................................... _. BODILY INJURY NON-OWNED AUTOS (Per accident) GARAGELIABILITY ........... ........... ............ 1111_...:...................................... PROPERTY DAMAGE i EXCESS LIABILITY EACH OCCURRENCE $5,000,000. B: X UMBRELLA FORM 36026457/71026457 01/01/95 01/01/96 _._. AGGREGATE t OTHER THAN UMBRELLA FORM B- WORIM'SCOMPENSATION 36025898 01/01/95 01/01/96 STATUTORYUMiTS AND _111_1-1111 .- EACH ACCIDENT $500,000. _._1111. ............ ........:.............. ............... 1111.. EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT t 500,OOO. ............_.._.........:................_..................... DISEASE—EACH EMPLOYEE t rjOO 000 OTHER ABuilders Risk- 36025897 01/01/95 01/01/96 $69,574 .Fire, EC, VMM DESCRIPTION OF OPERATION&WCAT{ONSIVOiCLES/SPECIAL ITEMS PLUMBING CONTRACTOR RESIDENTIAL & COMMERCIAL Orange County Vehicle Maintenance Facility GER HDtD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE County of Orange LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 116 E Margaret Lane ': LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Hillsborough NC 27278 .AUTHORIZED REPRESENT TM ACOA�I 2E S t7180I .. S - ORD.�G ORAETti?N:t 9G ORANGE COUNTY PUBLIC WORKS THIS APPENDIX MUST BE SUBMITTED WrM BM APPENDIX MBE MAZA71ON COMMITMENT We, Sparrow & Sons, Inc. do certify that (Bidder) onthe Six-Bay Vehicle Maintenance Facility, orange (Project Name) County, North Carolina will expend a minimum of % Of the total dollar amount of the contract with minority business enterprises. MBEs 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. IS Name/Phone Number Tf firm an MBE? Description of Dollar value of work to Contact Person of Work be done by firm listed Durham Insulation NO Insulation $ 1,400 .00 919-383-6438 Cecil Goodwin 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. Jerr Sparrow Date: 1-12-95 Name of Authpraied Officer Signature: Title: President'- UTILIZATION COMMITMENT-APPENDIX D-1 END OF SECTION 00005 SECTION 00005-PROPOSAL FORMS 00005.12