HomeMy WebLinkAbout1995 S Purchasing - O'Dell Electric Company, Inc. $98,958 40vl- ®?-,oZ/—95—
ORIGINAL SIGNAT -JREa
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CONSTRUCTION CONTRACT COPY
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THIS AGREEMENT, made the. reni�r '
in the year of 1995 by and between
O'Dell Electric Company, Inc., 5219 US 70,Durham,NC 27705, hereinafter called the Party of the First
Part and the County of Orange, 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 Facility, consisting of the
following sheets: Cover C1 C2 C3 C4 Al A2 A3 A4 A5 A6 A7 A8 Sl S2 S3 S4 S5 S6 Hl H2
Pl,P2,P3,El,E2,E3,E4,Fl,and F2,dated:December 1, 1994,and the following addenda:
Addendum No. 1 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-
tained 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 mail,
return receipt requested, to the Party of the First Part and his Surety, 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 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
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: ninety eight thousand nine hundred fifty-eight
&no/100 dollars($98 958.00 .
Summary of Contract Award:
Base Bid Only.
Contract amount does not include reimbursable sales tag moneys, estimated at $2,930.
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 WHEREOF, the Parties hereto have executed this Agreement on the day and date first
above written in five 5 counterparts, each of which shall without proof or accounting for other counter-
parts,be deemed an original Contract.
Witness: O'Dell Electric Comnanv,Inc.
Contractor: (Trade or Corporate Name)
BY: L -4; A
(Proprietorship or Partnership)
Attest: (Corporation) Title:
(Owner,Partner,or Corp.Pres.
or Vice-Pres. Only)
By: '
Title:
(Corp.Sec. o Sec. Only)
(CORPORATE SEAL)
The County of Orange,North Carolina
Witness:
Z(Sign ,;au 2
I Z'Z"e
) c
CHAIR, OgAP10-7 COUNTY
Title: HOARD Or C0IYIMISS1ONER3.
CONSTRUCTION CONTRACT-Page 3 of 3
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FIDELITY AND GUAR SURANCE COMPANY
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I Performance Bond
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p I Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
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CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
O'Dell Electric Company, Inc. FIDELITY AND GUARANTY INSURANCE COMPANY
i 5219 U.S. 70
i � Durham, NC 27705
OWNER (Name and Address):
The County of Orange, North Carolina
Hillsborough, NC
( CONSTRUCTION CONTRACT
i' Date: 02/27/95
Amount: $98,958.
Description (Name and Location):
i� P Electrical Contract — New
li Vehicle Maintenance Facility
BOND
Date (Not earlier than Construction Contract Date): 03/06/95
Amount:
id I $98,958.
Modifications to this Bond: [N None 0 See Page 3
CONTRACTOR AS PRINCIPAL SURETY FIDELITY AND GUARANTY INSURANCE COMPANY `
Company: (Corporate Seal) Company: (Corporate Seal)
!1
' I Signature: Signature ;
t ; Name and Title: Name nd ' e: Attorney—In—Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
I
AGENT it 9ROKE, OWNER'S REPRESENTATIVE (Architect, Engineer or
I; omen c Huc abee Noblin & Trent other party): Michail Hining Atc�hitects
l ( 906 Broad Street, Durham, NC 27705 100 Europa Dr. , Suite 110
Chapel Hill, NC 27514
I II (ontrar t 67 3(6-89)
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— .-. i — � —„4y 7• ri ;w ,li.�r.NY//,�;i f.:i7e4 \p�Jll °I”ry i;'';%(1KWil)il: �� l� +riA
w ii:`^ .:! •' ............. .. . . 'if:r::: ..-Ott rrri lr. � "+� —a:t1 W ,1,_t>4, fit"...- ,-�—w—+.�`°.,,,�
i The Contractor and the Surety, jointly and severally, which it may be liable by thi Owner and, as .
bind themselves) theWhe'r9, ty ecutors, administrators, soon a9 proficitable VXAMouht is dethe successors arie as�i�n l�t�t+Owner for the performance Mihed;--,19 Or haeyfdr to the
of the Construction Contract,which is incorporated herein Owner; of
by reference. .2 Deny liability in.whole�' -M p0i and notify the
2 If the Contractor performs the Construction Contract, Owner titirig reasoriif ffliti ..K4
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as 5 If the Surety does not ptoceedfit Ih Paragraph
goad fiftedi.
provided in Subparagraph 3.1. 4 with reasonable i ptorttptness,the. 8�1 be deemed
to be in default on thit I _ etelpt of an
3 If there is no Owner befault, the Surety's obligation additional wrif'F6 MfRVt_cs _. ' g
under this bond shall arise after: demanding that the Surety pt'rfd. IUtis under p
this Bond, and the OWMer shall tip'" _ $fit6ree any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If tilt: &eeils as
Surety at its address described In Paragraph 10 below provided in Subparagraph 4.4,And 0!•, fU0! the
that the Owner is considering declaring a Contractor payment tendered ��xz he Surety, lit4ylilh#y, in
Default and has requested and aAmpted to aeFange a whol@ tir iHl r, !Ff t further n+ fie : , x i et§liall be ;
conference with the Contractor A�,d the Surely to be entitled to ertf r ar�remed .At+]i�Aleit R ,t fl�r•
held not later than fifteen days after receipt of such y
notice to discuss methods of performing the Construe- 6 After the Owner has ter fitinatfr! i tdt`lr-wight .
tion Contract–If,the;Owner,.the.Contractor and the to•complete the Cop t��}uu,ogn s � ety
Surety agree,the Contractor shall be allowed a reason- elects to act under �ubp ra . me,-
able timg to j5eff6fM 016 MistfUction Contract, but them the resporlsibilftte tYf t aN
such an agreement shall not waive the,Owner's right, if not be greater than those of tHf, _ •_ i 1061Kd f the .
any,'015010ntly It1`del:it M4rCdti4Aetor Default; and Construction Cd6tr9tW1 tdj
Owner to the Surety shall not b@ E � B
3.1 fihe Cjvt!nef"ildicptg i lontractor Default and Owner under the C`b sffiil l � .
formally terminated the Contrattor's right to complete amount of this Bond;but sublett;
F 3§'
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received{tt tttbiiretelved by
shatl be applicable. the Owner In settlement of Insuf htt'tfVother clalms N
10 Notice to the Surety,tha Ownei or the Contractor shall for damages to Whic 't
''1146 0660 r�l�tltlettj fie ��
be mailed or delivered to the address shown on the sig- duced by all valid and�tt300PAY,� �1 6 td tit bti
nature page. behalf of the Contractor under t 0a 0664 'udlon C6n
tract. x '
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where 12.2 Construction Contract:theh#re0tfttb6tV4eefi " 4
the construction was to be perfo med,ahy provision in this the Owner and the Contractor ldentifi@l tint the 810 {
Bond conflicting With said statutory of legal requirement nature page, including all C'ortttat~t bcsCtinienti And
shall be deemed deleted herefrom and provisions con- changes thereto.
lorrnin to such stalulo g q ' t �j
8 ry orolh�r le aj requirement shall 12.3 Contractor befault: Failutt�`t�f the �oFtttattot,
be deemed Incorporated herein. The intent is that this which has neither been remedied 66fV414d to(der, -
Bond shall be construed as a statutory bond and not as a form or otherwise to comply With&tli + tfiwi§ of.the
common law bond. Construction Contract.
112 bIi FINIttON5 12,4 Owner Default:Failure of th4 l i-F*I6,fiig ,•,
12A Balance of the Contract�tfEt�s`The total amount neither been.remedied nor WSWA t�
payable by the Owner to the Contractor under the tractor at feq llh�d by the Const
Construction Contract after all proper adjustments perform and tomplete of tom Pit MW�l
have been Made, including allowance to the Con- thereof. ,i �
A+tObINtATION5 TO THIS BOND ARE AS FOLLOWS:
2
�� t
hs `
>r`q
(Sp-ce 19 provided below for additional signatures of added parties, other than thos ,a�eatln
CONTRACTOR AS PRINCIPAL
SURETY FI[}FIITY ANC GUAANfi1r
Cord any• (Corporate Seal) Company:
p!IY1' 1 +rftiif�t¢> lnj , Inc. � f �
signature: � ,� '
Name and Title r Signature
Address, Name
Addres
. '
Ut
t+NTY#N�
VJ 4 97
fK FIDELITTANb,'GUA SURANG C JIB ksp
' :a •J's. .'t.Fite<,,x�.€t'£� �" � iar
J!yy py�y wv
,
Payment Bond
Any singular references to Contractor, Surety, Owner or other party shall be considered plural.W t ct��u
CONTRACTOR (Name and Address): SURETY (Name and pridelpal`rlat4`61 Rha
01 be11 N1 ctri�>,pct $t<1 ,� Inc. FIDELITY AND GUARANTY IN ILA
00i Z -AT I.
buthami NC 27705
OWNER (Narne and Address): ?t'i't
1h6 b6di,1ti oil ok' Ahge, North Carolina
Hillsborough, NC . r+: c) 6 i
f:4
CONSTRUCTION CONTRACT
Date: 02/27/95
of kfIptidn (Naftti3 a d Locatidhlli Electrical Contract
Vehicle Maintenance- `acii'i '`
6OND
Date (Not earlier than Construction Contract Date): 03/06/95
Atnotint: $98#9581
Niddifitatioft to thl3 Blind:, ® None t*t# 996 l6
' ?�,,�= to•'4aYC ���" � �
CONTRACTOR AS PRINCIPAL. SURETY . FIDELITY AND GUMAN ,Y,I INPANY
Company: (Corporate Seal) Company: - ? :t , , {
t: ''
Signature: Signature:
Name and Name e: Attotn6 --1itit A
(Any idditibha)'919natue6i til pW'6h page 6)
Or 4
OR.INFORMAtION C lq ,ame ddress and telephone - < s
Ad
' OWNER'S REIsREStN `A1'i �Attlt ;
rent oth6f OA�•:�'R )'•'��� f �` I
14C 21105 i �$l
A '
x, . s ..•4f ., 4gq,:'r,f dis
Contract 674(6-99) r
M,�,MTVXM i 1 ,
i . ,5 7-7—-.., :.
I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satiiflitd° #44 66dit66 of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall Oitfttly Amid At Ahe
successors and assigns to the Owner to pay for labor, Surety's expense take,the followlti fthl..
materials and ehtilp mentf6mish&for use in the perfor-
mance of tNe`Constrilctiotl Contract, which is incorpo- the Owner, within 45 days copy
rated herein by reference. y eff6 ,l`± € 6f.the claim,
stating the amounts that are utidiso.6t end the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that'gt,;disputed,
null and void if the Contractor: 6.2 Pay or arrange for paytneiif buy undisputed
2.1 Promptly makes payment,directly or indirectly, amounts, a
for all sums due Claimants, and
7 The Surety's total -obl.'igatl6dj �t itceet!.tht
2.2 Defends, indemnities and holds harmless the amount of this Bond,and the amdiirit 6 Is�ohd shall be
Owner from claims, demands, liens or suits by any credited for any payments made iti J filth by the Surety.
rson or entity whose claim, demand, lien or suit is
pe
for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner th tft�r under
nished for use in the performance of the Construction the Construction tdritPact shall EfiLs { tfor-
the t act, provided the Owner has ar adored f anti a of the:Qonstwctlon CotittiGt it f+claims,
promptly
Surety Y Aditrr my Consttuctiriri ls tirid: By
described In Paragraph 12) of any claims, demands, the Contractor furnishing and tht, Ifig this
liens or suits and tendered defense of such claims, Bond,they agree that all funds eitfhM fiftliltinttattor
demands, liens or ,cults to the Contractor and the in the performer e b the, Cdn�t i attar~ are
5ufety, and provlddd tlil)t f§ fio'0wner Default dedicated td"s itl§ *i 1lJifftti (l and ':
the Surety under th s��ottd;stibj
3 With respect to Claimants, this obligation shall be ity to use the furidk fot the cot;60�itl ll _ W*6tk
null and void if the CtrnttActor, romptly makes pay- ,� i.;,.� �
meet, directly or lhdlfgtly> dr sl�sUms due. -
,+ y,. F ; 9 The Surety shall not be liable ja an{�
f 4 The Surety shall have no obligation to Claimants or others for obllg M 1h Idt.
under this Hoed until; ed to the Constructl6h Cdhtracf l
liable for payment of any cc hllf-
4.1 Claimants who are employed by or have a direct ant under this Bond,and shall habli
contract with the Contractor,have given notice to the gations to make payments,tor
Surety(at the address described in Paragraph 12)and otherwise have obligatitins,tci
sent a co g Q� t �,
copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with 10 The Surety hereby waivE! fil _
substantial accuracy, the amount of the claim. including changes of time, to thi� � cflttrac �
4.2. Claimants who do not have a direct contract or to related subcontracts, fsUM a + ° afid th r
obligations, I,.igr .„#
with the Contractor:' g 6 . �#r k
,1 Have furnished written notice to the Con- 11 No suit or action shall bet r
tractor and sent a copy .or notice thereof, to under this Bond oth' ' Aha'n,Ir
the Owner, wlthl gays after having last diction iti the loCeti�i
performed labor f last furnished materials or work is located tin'A4 tha e> f' f
equipment included in the claim stating,with date(1)on which the Claimant i
substantial accuracy,the amount of the claim Subparagtapli 41<ityl t: tt§e act w..
and the name of the party to whom the labor or service was j*rfotitietl; t� ;
+k: _ materials were furnished or supplied or for rials or equipment Weise futtilf
whom the labor was done or performed;and struction Contract,*hich
2 ' Nivithi'ter`" provisions of this paregr pp�,.ait +.aw,
provisions(election in whole or the minimum period 6f 1 f9'iitti f�3 >
in part flrom the Contractor,or not received defense in the)urlsdictitin of tli "I X l fl ll le;
within 30 days of furnishing the above no "
tice any communication from the Contractor '
by which the Contractor has indicated the shall ti mailed ar daisli ty� the tS�th�:tbntir6ttcsr
12 Notice to the Surer
claim will be paid directly or indirectly; and eted to t� �
3 Not having eii paid signature page. Aetiial tecelpt 6 � t `Cdythe
within the above 30 Owner or the Cotittlittot, how, N t ;shall
days,have sent a written notice to the Surety be sufficient.corn�il rite as of 'atfthe
(at the address described in Paragraph 12)and address showli M#Rtitm i
sent a copy,it inbtice thereof, to the Owner,
s stating that a tlalhi is being made under this 13 When this gond`t bi e ` . tit a
Btihd and:entlosing 1x+copy of the previous statutory or other lefal M1 cite i�
p written hititltd Itit�rriglye Eo the Contractor, the construct d ,w this
Bored coiiflitting 4
{: S If a notit:6 required bV'1d4gfi 6h 4 is given by the shall be de6r» l l h
Owhef tb th6 Coeittfictof 6t.td the-Surety, that is suffi- forming to such statUt6ty 6fd li fiik's It
cleat compliance. be deemed incorpo"rate"d hel ,h tt #ill r '
:. W �7'" >t=#+yam*r4
IA
"`3
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural A d efigineering
common law bond. services required for performance of the W6rk of the
Contractor and the Contractor's subtti ri tictora, and
14 Upon request by any person or entity appearing to be a all other items for Which A mecha' it*..1% May be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labb&;materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made.
15 DEFINITIONS 15.2 Construction Contract:The agreement between
the Owner and the Contractor identified dh the sig-
15.1 Claimant: An individual or entity having a direct nature page, including all Contract DocuMLshts and
contract with the Contractor o`r with a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,.whith hat -
ment for use in the perfoi'ttiance of the Contract. The neither been remedied nor waived, td ply the Con-
intent of this Bond shall be to include without limita- tractor as required by the Constructioni O ttPact or to
tion in the terms"labor,materials or equipment" that perform and complete or comply with the dthet terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: k'
(Space is provided below for additional signatures of added parties, other than those appearing on the Cover page.)
CONTRACTOR AS PRINCIPAL SURETY FIDELITY AND GUARANTY INAAANd COMPANY
Company: (Corporate Seal) Company:
t� D611.>c1(�ctric CoMpgnyt Inc.
5ir�atur4: _ E Signatur -„
Name and Title Name e:, Atbot r oky-tn-�
Address: Address: