This Addendum is directed to all prime Contract Bidders, and all others to whom Drawings and Specifications have been issued by the Architect.

Transcription

1 NEW BUILDING FOR COSMETOLOGY NORTHWEST-SHOALS COMMUNITY COLLEGE ADDENDUM 1 PART 1 - GENERAL Project: New Building for Cosmetology [B.C. # / PSCA # 715C] Owner: Northwest-Shoals Community College Architect: Aho Architects, LLC Date Issued: March 19, 2014 This Addendum is directed to all prime Contract Bidders, and all others to whom Drawings and Specifications have been issued by the Architect. This Addendum forms a part of the Contract Documents. The following conditions take precedence over any conflicting conditions in the Drawings and Specifications. The Drawings and Specifications are hereby amended in the following particulars: 1.1 CLAIRIFICATIONS A. Consistent with the legal advertisement for bids, a pre-bid conference was held at 11:00 am on March 18, Attendance at this pre-bid conference was mandatory for General Contractors to be eligible to bid the project. B. The pre-bid conference minutes and sign-in sheet are attached. 1.2 REVISIONS (SPECIFICATIONS) A. Sealed proposals for the above referenced project will be received by Northwest-Shoals Community College, on Thursday, April 10, 2014 at 2:00pm CDST, in the President s Conference Room located in the Victor P. Poole Administration Complex (800 George Wallace Blvd. Muscle Shoals, Alabama 35661), at which time and place they will be publicly opened and read. B. Revise all specifications regarding construction materials testing which read engage a qualified testing agency to read Owner will engage a qualified testing agency. C. Revise Specification Section Standing-Seam Metal Roof Panels Section 2.2. Standing Seam Metal Roof Panels subparagraph B.1 to include Carlisle Metal Products as an approved manufacturer. D. Replace Form C-5 Construction Contract with attached Form 9-A Construction Contract. Project is partially PSCA funded. E. Include attached Form 9-D Modification to the Construction Contract Adjustment of Severable Payments. Project is partially PSCA funded. JOB NO PAGE 1 OF 3

2 NEW BUILDING FOR COSMETOLOGY NORTHWEST-SHOALS COMMUNITY COLLEGE ADDENDUM 1 F. Include attached Form 9 E Modification to the Construction Contract Adding PSCA as Co- Owner. Project is partially PSCA funded. G. Replace Form C-6 Performance Bond with attached Form 9-B Performance Bond. Project is partially PSCA funded. H. Replace Form C-7 Payment Bond with attached Form 9-C Payment Bond. Project is partially PSCA funded. I. Include attached Form 9-F Modification of the Performance Bond and Payment Bond Adding PSCA as Co-Owner. Project is partially PSCA funded. J. Include attached Form 9-G Invoice Checklist. Project is partially PSCA funded. K. Include attached Form 9-H Certification of Compliance Title 41: Public Contracts. Project is partially PSCA funded. L. Include attached Form 9-I Material Receipt. Project is partially PSCA funded. M. Replace Form C-12 Contract Change Order with attached 9-J Contract Change Order. Project is partially PSCA funded. N. Revise Specification Section Metal Soffit Panels 2.3.D to read Panel Fasteners: Provide factory-formed metal soffit panels designed to be installed by lapping and interconnecting side edges of adjacent panels and mechanically attaching through panel to supports using concealed fasteners and factory-applied sealant in side laps. Include accessories required for weathertight installation. O. Omit subparagraph B from 2.4 Fabrication in Specification Section Metal Soffit Panels. P. Revise Specification Section Metal Soffit Panels 3.2 Metal Panel Installation Subparagraph A.2 to read Provide manufacturer s recommended washers under heads of exposed fasteners bearing on weather side of metal panels. Q. Omit subparagraph B from 1.7 Quality Assurance in Specification Section Standing-Seam Metal Roof Panels. R. Revise Specification Section Aluminum-Framed Entrances and Storefronts 2.1 Performance Requirements Subparagraph H.1 to read Thermal Transmittance (U-factor): See Specification Section Glazing for allowable U-factor and H.2 to read Solar Heat Gain Coefficient: See Specification Section Glazing for allowable solar heat gain coefficient. 1.3 REVISIONS (DRAWINGS) A. Revise Detail 1on Sheet A302 with attached Supplemental Drawing ASD-1 dated 3/19/14. B. Revise Detail 1on Sheet A303 with attached Supplemental Drawing ASD-2 dated 3/19/14. C. Revise Detail 2 on Sheet A501 with attached Supplemental Drawing ASD-3 dated 3/19/14. JOB NO PAGE 2 OF 3

3 NEW BUILDING FOR COSMETOLOGY NORTHWEST-SHOALS COMMUNITY COLLEGE ADDENDUM 1 D. Revise Detail 4 on Sheet A501 with attached Supplemental Drawing ASD-4 dated 3/19/ ATTACHMENTS Pre-Bid Conference Meeting Minutes and Sign-In Sheet, ASD-1, ASD-2, ASD-3, ASD- 4, Form 9-A, Form 9-D, Form 9-E, Form 9-B, Form 9-C, Form 9-F, Form 9-G, Form 9- H, Form 9-I, Form 9-J. END OF ADDENDUM 1 JOB NO PAGE 3 OF 3

4 NEW BUILDING FOR COSMETOLOGY Northwest-Shoals Community College BC# ; PSCA# 715C; Aho Architects Project Number: PRE-BID CONFERENCE MEETING MINUTES March 18, 2014 at 11:00 AM 1) Welcoming remarks. Reminder to sign-in on sheet at front of room or being circulated. 2) Introductions and names and relationship to job of personnel (Owner and Architect). 3) Project Directory: Names of Architect and personnel involved. Project Principal: Tim Aho. Project Manager: April Cain. Architect: Paul DiGiorgio. Administrative Assistant: Stephanie Vaughn. 4) Client representatives involved: Mr. Joe Hackworth, NWSCC Maintenance. Do not contact the Owner directly. 5) Bid Documents available for Pre-Qualified General Contractors and subs/suppliers through Alabama Graphics Digital Plan Room (this is how addenda will be issued also). Also posted/listed with plan room services such as isqft, Reed, etc. See legal advertisement for more info. a) Plans and specifications will be made available from Alabama Graphics after Pre-Bid Conference. 6) Every General Contractor and every Subcontractor should read and be familiar with all of Division 00 Procurement and Contracting Requirements and all of Division 01 General Requirements of the Project Manual, in addition to the work they are bidding and other work they have to coordinate with. 7) Pre-Bid Approval: All comparable products from the manufacturers listed in the project manual, requests for substitutions, additional manufacturers, pre-approved subcontractors and suppliers may be submitted no later than 5 working days prior to the bid date. 8) Bid date per legal advertisements: Thursday, 3/25/14. Bid opening is at 2:00pm (local time), in the same location as this pre-bid conference, in Room #117. Any bid date changes will be changed only by an official addendum issued by the Architect. a) Bid date will be changed by Addendum. 9) Note that Instructions to Bidders should be read by each bidder. 10) Special Instructions to Bidders shall be reviewed. Among other requirements, note sales tax avoidance, bids are to be held open 60 days.

5 11) Proposal Form included in Project Manual. Loose/electronic (PDF) copies available from Architect. Note new sales tax requirement Form C-3A Accounting of Sales Tax attachment to Proposal Form must be submitted with bid. 12) Note requirements for submittal of subcontractor list, major suppliers, etc. within 24 hours (work days, e.g. 2 pm on 3/26/14) after receipt of bids. a) Date noted above will change based on the revised Bid date. Provide list 24 hours after receipt of bids. 13) No Addenda have been issued to date. Addendum will be issued with minutes/sign-in from this pre-bid conference. All Addenda will be issued via Alabama Graphics. 14) Insurance requirements should be read by each bidder, and should be provided to each General Contractor s and Subcontractor s insurance carrier for review. Insurance requirements are indicated in General Conditions. 15) Note new requirements: Section Supplementary Conditions, pertaining to Compliance with H.B Alabama Immigration Law (E-Verify MOU and Contract language). 16) Construction schedule requirements: Contract Time for this project is 334 consecutive calendar days from the Notice to Proceed. See Proposal Form. 17) See Specs for coordination and further related information. a) Among other things, coordination with furniture / equipment to be installed under separate contract. 18) See Spec Section Allowances for Contingency Allowance and Unit Cost Allowance for brick (material cost only). Make sure you include this in your bids. 19) Verify existing conditions, dimensions, etc. at the site prior to bid (See Special Instructions to Bidders in Division 00 Procurement and Contracting Requirements). 20) The Owner is a tax-exempt entity, sales and use tax avoidance procedures will be utilized on this project, per the Owner. See Section Sales and Use Tax Savings for more info. There is a new way of handling sales tax avoidance, so please read this section carefully. Bids shall no longer include sales tax. Form C-3A attachment to the Proposal Form (C-3) is required for estimated tax accounting. A final report of sales taxes avoided is required by ADOR and is a condition prior to final payment. 21) Contractor shall have access to available existing utilities (water, electric power, etc.) onsite, for reasonable use (paid by the Owner). Restroom facilities by Contractor. 22) Liquidated damages amounts - as indicated in Article 49 of the General Conditions of the Contract. 23) Site restrictions - as indicated in Section and other locations on the Drawings and in the Project Manual.

6 24) Pre-Construction Conference - required for entire project and may be combined with the pre-roofing conference. Other mandatory inspections involving the Building Commission will include above-ceiling and final. 25) Contractor s schedule must coordinate the overall construction schedule of the project. Watch for long lead-time items; established Contract Time allows for this. 26) Contractor s job meetings - coordination of the Work with all subcontractors and suppliers is required. 27) Safety and Protection - Contractor s responsibility. 28) Work limits protection - the public, Owner s staff, workers, etc. 29) Project Sign: Contractor to provide one sign as per detail of project sign in the Project Manual. Locate as directed by Architect. 30) No Subcontractor signs. 31) Requirements for quality control, testing, and inspections are located throughout the project manual, and should be reviewed so that they are understood prior to bidding the project. a) Owner will engage a qualified testing agency for construction materials testing in lieu of GC. 32) Location of on-site Contractor s office shall be coordinated with the Owner and Architect. 33) Superintendents and construction personnel experience requirements - as indicated. 34) Submittal Procedures: Submittals requirements indicated. Contractor is required to check, mark, stamp, and approve and/or reject submittals, prior to submittal to Architect. Refer to General Conditions for additional information and related requirements. Electronic submittals preferred except where physical samples, color charts, etc. are required. 35) Site maintenance requirements indicated. Daily attention required. 36) Contractor Programs and Conduct of Personnel (behavior, tobacco, firearms, etc.). a) Smoking is only permitted in private vehicles while on campus. 37) Section Closeout Procedures and General Conditions should be reviewed by each bidder. 38) Final payment will not be made until the requirements of these sections and General Conditions are completed. Sales tax final accounting report also required.

7 39) Project Record Documents have to be kept up-to-date on the project and will be checked periodically during the Work of the project. 40) GC is responsible for accepting all existing field dimensions prior to starting work. 41) Site tour and brief overview of project and scope by Aho Architects. 42) Other comments: 43) Questions? 44) Additional site visits availability, contact persons, etc. Please be respectful and minimize disruption of the Owner s ongoing operations. 45) Closing remarks.

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9 3/19/ :26:45 AM Exterior Wall Window (1/A302) Addendum #1 Project number Date 3/19/14 Drawn by PRD Checked by TAA Scale 1" = 1'-0" ASD-1 New Building for Cosmetology Northwest-Shoals Community College

10 3/19/ :26:59 AM Project number Date 3/19/14 Drawn by PRD Checked by TAA Scale 1" = 1'-0" ASD-2 Northwest-Shoals Community College Wall Extrusion (1/A303) - Addendum #1 New Building for Cosmetology

11 Prefinished metal coping w/ drips. Color selected by Architect. Continuous self-adhering membrane over top of parapet. Tie in to roof underlayment. Blocking as required Sealant as required 4" 3" min. 8" min. 5/8" exterior grade plywood sheathing Flashing membrane 3 5/8" brick veneer w/ top soldier course Standing seam metal roof w/ underlayment and R-30 rigid insulation Brick tie 5/8" sheathing w/ dampproofing 2 New Building for Cosmetology Northwest-Shoals Community College Parapet Wall Extrusion (2/A501) Addendum #1 Project number Date 3/19/14 ASD-3 Checked by Drawn by TAA PRD Scale 3" = 1'-0" 3/19/ :27:42 AM

12 Prefinished metal coping w/ drips. Color selected by Architect. Continuous self-adhering membrane over top of parapet. Tie in to roof underlayment. Blocking as required Sealant as required 4" 3" min. 8" min. 5/8" exterior grade plywood sheathing Flashing membrane 3 5/8" brick veneer w/ top soldier course Standing seam metal roof w/ underlayment Brick tie 1" 5/8" sheathing w/ dampproofing Light gauge metal end wall w/ R-19 batt insulation 2 R-30 rigid insulation Metal deck. See Structural New Building for Cosmetology Parapet High Rake (4/A501) - Addendum #1 Northwest-Shoals Community College Project number Date 3/19/14 ASD-4 Checked by Drawn by TAA PRD Scale 3" = 1'-0" 3/19/ :27:51 AM

13 (1) PSCA Project No. BC Project No. CONSTRUCTION CONTRACT ABC Form 9-A PSCA Version of ABC Form C-5 ; July 2006 Numbers in margin correspond to Checklist, ABC Form B-7 (2) (3) (4) (5) (6) (7) (8) This Construction Contract is entered into this day of in the year of between the OWNERS, the ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY and and the CONTRACTOR, for the WORK of the Project, identified as: The CONTRACT DOCUMENTS are dated and have been amended by ADDENDA The ARCHITECT is (9) The CONTRACT SUM is Dollars ($ ) and is the sum of the Contractor's Base Bid for the Work and the following (10) BID ALTERNATE PRICES: (11) The CONTRACT TIME is ( ) calendar days. THE OWNER AND THE CONTRACTOR AGREE AS FOLLOWS: The Contract Documents, as defined in the General Conditions of the Contract (ABC Form C-8), are incorporated herein by reference. The Contractor shall perform the Work in accordance with the Contract Documents. The Owner will pay and the Contractor will accept as full compensation for such performance of the Work, the Contract Sum subject to additions and deductions (including liquidated damages) as provided in the Contract Documents. The Work shall be commenced on a date to be specified in a Notice to Proceed issued by the Owner or the Director, Technical Staff, Alabama Building Commission, and shall then be substantially completed within the Contract Time. (12) LIQUIDATED DAMAGES for which the Contractor and its Surety (if any) shall be liable and may be required to pay the Owner in accordance with the Contract Documents shall be equal to six percent interest per annum on the total Contract Sum unless a dollar amount is stipulated in the following space, in which case liquidated damages shall be determined at dollars ($ ) per calendar day. (13) SPECIAL PROVISIONS (Special Provisions may be inserted here, such as Acceptance or Rejection of Unit Prices.) Page 1 of 2

14 Numbers in margin correspond to Checklist, ABC Form B-7 ABC Form C-5 PROPOSED F0r 2000 A. SEVERABLE PAYMENTS: The Alabama Public School and College Authority will first pay the Contractor Dollars ($ ) from its available funds and the will thereafter pay the Contractor the remaining Dollars ($ ) from its available funds. B. The Contract Documents are amended to include ABC Form C-8 Supplement, dated August 2009, by reference. (14) STATE GENERAL CONTRACTOR S LICENSE: The Contractor does hereby certify that Contractor is currently licensed by the Alabama State Licensing Board for General Contractors and that the certificate for such license bears the following: License No. Bid Limit: Classification: The Owner and Contractor have entered into this Construction Contract as of the date first written above and have executed this Construction Contract in sufficient counterparts to enable each contracting party to have an originally executed Construction Contract each of which shall, without proof or accounting for the other counterparts, be deemed an original thereof. The Owner does hereby certify that this Construction Contract was let in accordance with the provisions of Title 39, Code of Alabama 1975, as amended, and all other applicable provisions of law, and that the terms and commitments of this Construction Contract do not constitute a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. (15) APPROVALS CONTRACTING PARTIES STATE OF ALABAMA BUILDING COMMISSION By Director, Technical Staff Contractor By Signature of Officer of Firm Name & Title RECOMMENDED BY AND FUNDS AVAILABLE: PSCA funds are available in the amount stated in (13) Special Provisions, Para. A. By Contract Administrator Local Owner By Name & Title ALABAMA PUBLIC SCHOOL and COLLEGE AUTHORITY By Governor and President of Authority Attest Secretary of Authority Page 2 of 2

15 ABC Form ABC 9-D July 2006 MODIFICATION TO THE CONSTRUCTION CONTRACT - ADJUSTMENT OF SEVERABLE PAYMENTS - PSCA No. Date BC No. The SEVERABLE PAYMENT provision of the Construction Contract, dated, between the Alabama Public School and College Authority, Owners, Local Owner and, Contractor, Contractor for Name of Project is hereby amended to be as stated below. Date(s) of previous Modifications affecting SEVERABLE PAYMENT: Amount of original Contract: $ Net Amount of Change Orders Nos. : $ Total Amount of Contract this date: $ Total Amount to be assumed by the Authority: $ Total Amount to be assumed by the Local Owner: $ SEVERABLE PAYMENT: 1. The Alabama Public School and College Authority will pay the Contractor Dollars ($ ) from its available funds. 2. The Local Owner will thereafter pay the Contractor the remaining Dollars ($ ) from its available funds.

16 CONSENT OF SURETY Company By Its Attorney-in-fact Power of Attorney Attached APPROVED BY STATE OF ALABAMA BUILDING COMMISSION By Director of Technical Staff By Contract Administrator PSCA funds are available in the amount state above. CONTRACTING PARTIES Contractor By Member of Firm Local Owner By Officer Title ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY By Governor/President of Authority Attest to: Secretary of Authority

17 ABC Form ABC 9-E August 2001 MODIFICATION TO THE CONSTRUCTION CONTRACT ADDING THE ALABAMA PUBLIC SCHOOL & COLLEGE AUTHORITY AS CO-OWNER PSCA No. Date BC No. The Construction Contract dated between the,owner, Local Owner and, Contractor, Contractor for Name of Project is hereby modified by adding, as Co-owner, the Alabama Public School and College Authority. The Construction Contract is further modified by the addition of the provision for SEVERABLE PAYMENT as stated below. Amount of original Contract: $ Net Amount of Change Orders Nos. : $ Total Amount of Contract this date: $ Total Amount to be assumed by the Authority: $ Total Amount to be assumed by the Local Owner: $ SEVERABLE PAYMENT: 1. The Alabama Public School and College Authority will pay the Contractor Dollars ($ ) from its available funds. 2. The Local Owner will thereafter pay the Contractor the remaining Dollars ($ ) from its available funds.

18 CONSENT OF SURETY Company By Its Attorney-in-fact Attorney Attached Power of APPROVED BY STATE OF ALABAMA BUILDING COMMISSION By Director of Technical Staff CONTRACTING PARTIES Contractor By Member of Firm Local Owner By Officer Title ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY By Governor/President of Authority Attest to: Secretary of Authority

19 (1) PERFORMANCE BOND USE BLACK INK ONLY ABC Form 9-B PSCA Version of ABC Form C-6; August 2001 SURETY S BOND NUMBER Numbers in margin correspond to Checklist, ABC Form B-7 (2) (3) (4) The PRINCIPAL (Name and address of Contractor as appear in the Construction Contract) The SURETY (Name and Principal Place of Business) The OWNER: The ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY and (Local Owner s name and address, same as appears in the Construction Contract) (5) (6) (7) The PENAL SUM of this Bond (the Contract Sum) Dollars ($ ). DATE of the Construction Contract : The PROJECT: (Same as appears in the Construction Contract) 1. WE, THE PRINCIPAL (hereinafter Contractor ) AND THE SURETY, jointly and severally, hereby bind ourselves, our heirs, executors, administrators, successors, and assigns to the Owner in the Penal Sum stated above for the performance of the Contract, and Contract Change Orders, in accord with the requirements of the Contract Documents, which are incorporated herein by reference. If the Contractor performs the Contract, and Contract Change Orders, in accordance with the Contract Documents, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 2. The Penal Sum shall remain equal to the Contract Sum as the Contract Sum is adjusted by Contract Change Orders. All Contract Change Orders involving an increase in the Contract Sum will require consent of Surety by endorsement of the Contract Change Order form. The Surety waives notification of any Contract Change Orders involving only extension of the Contract Time. Page 1 of 3

20 ABC Form 9-B PSCA Version of ABC Form C-6; August Whenever the Architect gives the Contractor and the Surety, at their addresses stated above, a written Notice to Cure a condition for which the Contract may be terminated in accordance with the Contract Documents, the Surety may, within the time stated in the notice, cure or provide the Architect with written verification that satisfactory positive action is in process to cure the condition. Numbers in margin correspond to Checklist, ABC Form B-7 4. The Surety s obligation under this Bond becomes effective after the Contractor fails to satisfy a Notice to Cure and the Owner: (a) gives the Contractor and the Surety, at their addresses stated above, a written Notice of Termination declaring the Contractor to be in default under the Contract and stating that the Contractor s right to complete the Work, or a designated portion of the Work, shall terminate seven days after the Contractor s receipt of the notice; and (b) gives the Surety a written demand that, upon the effective date of the Notice of Termination, the Surety promptly fulfill its obligation under this Bond. 5. In the presence of the conditions described in Paragraph 4, the Surety shall, at its expense: (a) On the effective date of the Notice of Termination, take charge of the Work and be responsible for the safety, security, and protection of the Work, including materials and equipment stored on and off the Project site, and (b) Within twenty-one days after the effective date of the Notice of Termination, proceed, or provide the Owner with written verification that satisfactory positive action is in process to facilitate proceeding promptly, to complete the Work in accordance with the Contract Documents, either with the Surety s resources or through a contract between the Surety and a qualified contractor to whom the Owner has no reasonable objection. 6. As conditions precedent to taking charge of and completing the Work pursuant to Paragraph 5, the Surety shall neither require, nor be entitled to, any agreements or conditions other than those of this Bond and the Contract Documents. In taking charge of and completing the Work, the Surety shall assume all rights and obligations of the Contractor under the Contract Documents; however, the Surety shall also have the right to assert Surety Claims to the Owner in accordance with the Contract Documents. The presence or possibility of a Surety Claim shall not be just cause for the Surety to fail or refuse to promptly take charge of and complete the Work or for the Owner to fail or refuse to continue to make payments in accordance with the Contract Documents. 7. By accepting this Bond as a condition of executing the Construction Contract, and by taking the actions described in Paragraph 4, the Owner agrees that: (a) the Owner shall promptly advise the Surety of the unpaid balance of the Contract Sum and, upon request, shall make available or furnish to the Surety, at the cost of reproduction, any portions of the Project Record, and (b) as the Surety completes the Work, or has it completed by a qualified contractor, the Owner shall pay the Surety, in accordance with terms of payment of the Contract Documents, the unpaid balance of the Contract Sum, less any amounts that may be or become due the Owner from the Contractor under the Construction Contract or from the Contractor or the Surety under this Bond. 8. In the presence of the conditions described in Paragraph 4, the Surety s obligation includes responsibility for the correction of Defective Work, liquidated damages, and reimbursement of any reasonable expenses incurred by the Owner as a result of the Contractor s default under the Contract, including architectural, engineering, administrative, and legal services. Page 2 of 3

21 ABC Form 9-B PSCA Version of ABC Form C-6; August 2001 Numbers in margin correspond to Checklist, ABC Form B-7 9. Nothing contained in this Bond shall be construed to mean that the Surety shall be liable to the Owner for an amount exceeding the Penal Sum of this Bond, except in the event that the Surety should be in default under the Bond by failing or refusing to take charge of and complete the Work pursuant to Paragraph 5. If the Surety should fail or refuse to take charge of and complete the Work, the Owner shall have the authority to take charge of and complete the Work, or have it completed, and the following costs to the Owner, less the unpaid balance of the Contract Sum, shall be recoverable under this Bond: (a) the cost of completing the Contractor s responsibilities under the Contract, including correction of Defective Work; (b) additional architectural, engineering, managerial, and administrative services, and reasonable attorneys fees incident to completing the Work; (c) interest on, and the cost of obtaining, funds to supplement the unpaid balance of the Contract Sum as may be necessary to cover the foregoing costs; (d) the fair market value of any reductions in the scope of the Work necessitated by insufficiency of the unpaid balance of the Contract Sum and available supplemental funds to cover the foregoing costs; and (f) additional architectural, engineering, managerial, and administrative services, and reasonable attorneys fees incident to ascertaining and collecting the Owner s losses under the Bond. 10. All claims and disputes arising out of or related to this bond, or its breach, shall be resolved in accordance with Article 24, General Conditions of the Contract. (8) SIGNED AND SEALED this day of,. (9) ATTEST: CONTRACTOR as PRINCIPAL: By (10) Countersigned by Alabama Resident Agent for Surety: By Name Address Name and Title SURETY: By Name and Title (11) NOTE: Power of attorney for the Surety s signatory shall be furnished with the original and five copies of the bond. Page 3 of 3

22 (1) PAYMENT BOND USE BLACK INK ONLY ABC Form 9-C PSCA Version of ABC Form C-7; August 2001 SURETY S BOND NUMBER Numbers in margin correspond to Checklist, ABC Form B-7 (2) (3) (4) (5) (6) (7) The PRINCIPAL (Name and address of Contractor, same as appears in the Construction Contract) The SURETY (Name and Principal Place of Business) The OWNER: The ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY and (Name and address, same as appears in the Construction Contract) The PENAL SUM of this Bond (the Contract Sum) DATE of the Construction Contract : The PROJECT: (Same as appears in the Construction Contract) Dollars ($ ). 1. WE, THE PRINCIPAL (hereinafter Contractor ) AND THE SURETY, jointly and severally, hereby bind ourselves, our heirs, executors, administrators, successors, and assigns to the Owner in the Penal Sum stated above to promptly pay all persons supplying labor, materials, or supplies for or in the prosecution of the Contract, which is incorporated herein by reference, and any modifications thereof by Contract Change Orders. If the Contractor and its Subcontractors promptly pay all persons supplying labor, materials, or supplies for or in the prosecution of the Contract and Contract Change Orders, then this obligation shall be null and void; otherwise to remain and be in full force and effect. 2. The Penal Sum shall remain equal to the Contract Sum as the Contract Sum is adjusted by Contract Change Orders. All Contract Change Orders involving an increase in the Contract Sum will require consent of Surety by endorsement of the Contract Change Order form. The Surety waives notification of any Contract Change Orders involving only extension of the Contract Time. 3. Any person that has furnished labor, materials, or supplies for or in the prosecution of the Contract Page 1 of 2

23 ABC Form 9-C PSCA Version of ABC Form C-7; August 2001 and Contract Change Orders for which payment has not been timely made may institute a civil action upon this Bond and have their rights and claims adjudicated in a civil action and judgment entered thereon. Notwithstanding the foregoing, a civil action may not be instituted on this bond until 45 days after written notice to the Surety of the amount claimed to be due and the nature of the claim. The civil action must commence not later than one year from the date of final settlement of the Contract. The giving of notice by registered or certified mail, postage prepaid, addressed to the Surety at any of its places of business or offices shall be deemed sufficient. In the event the Surety or Contractor fails to pay the claim in full within 45 days from the mailing of the notice, then the person or persons may recover from the Contractor and Surety, in addition to the amount of the claim, a reasonable attorney s fee based on the result, together with interest on the claim from the date of the notice. 4. Every person having a right of action on this bond shall, upon written application to the Owner indicating that labor, material, or supplies for the Work have been supplied and that payment has not been made, be promptly furnished a certified copy of this bond and the Construction Contract. The claimant may bring a civil action in the claimant s name on this Bond against the Contractor and the Surety, or either of them, in the county in which the Work is to be or has been performed or in any other county where venue is otherwise allowed by law. 5. This bond is furnished to comply with Code of Alabama, , and all provisions thereof shall be applicable to civil actions upon this bond. 6. All claims and disputes between Owner and either the Contractor or Surety arising out of or related to this bond, or its breach, shall be resolved in accordance with Article 24, General Conditions of the Contract (8) SIGNED AND SEALED this day of,. (9) ATTEST: CONTRACTOR as PRINCIPAL: By (10) Countersigned by Alabama Resident Agent for Surety: By Name Address Name and Title SURETY: By Name and Title (11) NOTE: Power of attorney for the Surety s signatory shall be furnished with the original and five copies of the bond. Page 2 of 2

24 ABC Form ABC 9-F August 2001 MODIFICATION OF THE PERFORMANCE BOND AND PAYMENT BOND ADDING, AS CO-OWNER, THE ALABAMA PUBLIC SCHOOL & COLLEGE AUTHORITY Date In connection with the Construction Contract dated between the, Owner, Local Owner and, Contractor, Contractor for, Name of Project, as Surety, Bonding Company (Surety) furnished a PERFORMANCE BOND and a LABOR AND MATERIAL PAYMENT BOND, copies of which are attached hereto and incorporated herein by reference. It is understood and agreed the said PERFORMANCE BOND and LABOR AND MATERIAL PAYMENT BOND are hereby modified by adding the ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY as Owner and Obligee where Owner and Obligee are referenced therein. CONTRACTOR: AGREED TO; Attest: Name of Firm By Name and- Title SURETY: Attest: Bonding Company (Surety) By Its Attorney-in-fact Attach current Power of Attorney SEAL

25 STATE OF ALABAMA BUILDING COMMISSION 770 Washington Avenue, Suite 444 Montgomery, Alabama (334) FAX (334) ABC Form 9-G August 2001 INVOICE CHECKLIST For Materials and Equipment to be Purchased with Funds of the ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY This checklist contains the prerequisites for Alabama Building Commission approval of the use of ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY (PSCA) bond issue funds for the purchase of materials and equipment. The prerequisites assure conformance with PSCA requirements, competitive bid laws, ABC recording methods, and distribution requirements. The authority submitting invoices for payment with PSCA funds should utilize this checklist when preparing invoices for submittal to assure prompt approval and processing. 1. Materials and/or equipment are to be for capital improvements only (not maintenance, etc.). 2. The original and a minimum of three (3) legible copies of the invoice are to be submitted. Carbon and FAXED copies of invoices are not acceptable. 3. The original and each copy of the invoice must be certified by the vendor as being "True, correct, and unpaid." The vendor's signature is to be Notarized. 4. The original and two (2) of the three (3) copies of the invoice must bear original signatures. 5. Attached to each copy of the invoice there must be a completed, signed, and dated "State of Alabama Material Receipt" confirming the receipt and condition of all items covered by the invoice. 6. The "Material Receipt" must be signed by the proper authority of the school or institution and at least three (3) copies of the Material Receipt must bear an original signature. 7. A "Certificate of Compliance" with Competitive Bid Law must be attached to each copy of the invoice. ABC Form 9-H, Certificate of Compliance, Title 41: Public Contracts, is to be used for this purpose. 8. Each "Certificate of Compliance" must bear the original signature of the president, director, or superintendent of the school or institution. This signature is to be Notarized. 9. The Federal Employee Identification Number (FEIN) should be included for each vendor. If the vendor does not have a FEIN, his social security number will be sufficient.

26 ABC Form 9-H August 2001 CERTIFICATION OF COMPLIANCE TITLE 41: PUBLIC CONTRACTS I hereby certify that the contract for the Equipment or Materials covered by the attached invoice was awarded in accordance with Competitive Bid Law applying to the School Board or Institution noted below. BC# City - County - Institution PSCA# By Officer - Title Sworn to and subscribed before me this day of, 20. Notary Public INSTRUCTIONS: This certification must be signed by the president, director, or superintendent of the school or institution, notarized, and attached to each copy of each invoice for equipment or materials being submitted to the Alabama Building Commission for approval to pay the invoice from funds of the ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY. The certificate attached to each copy of an invoice must bear original signatures.

27 MATERIAL RECEIPT ABC Form 9 - I August 2001 Date PSCA No: BC No: County/City/Institution/Agency Received from Vendor FEIN Received at Date Received Location Quantity Unit ARTICLE Make Full Report of any Shortage or Damage Condition I hereby certify that I have received and checked the articles listed above and that they are of the kind, quantity and condition noted. Checked by Signed Received by Signed

28 ABC Form 9-J PSCA Version of ABC Form C-12, July 2006 CONTRACT CHANGE ORDER Change Order No. Date B.C.No. TO: (Contractor) PROJECT: PSCA No. TERMS: You are hereby authorized, subject to the provisions of your Contract for this project, to make the following changes thereto in accordance with your proposal(s) dated FURNISH the necessary labor, materials, and equipment to (Description of work to be done or changes to be made.) ORIGINAL CONTRACT SUM $ NET TOTAL OF PREVIOUS CHANGE ORDERS $ PREVIOUS REVISED CONTRACT SUM $ THIS CHANGE ORDER WILL INCREASE DECREASE THE CONTRACT SUM BY $ REVISED CONTRACT SUM, INCLUDING THIS CHANGE ORDER $ EXTENSION OF TIME resulting from this Change Order (Insert None or No. of days) The amount of this Change Order will be the responsibility of (Local Owner and/or PSCA) The Owner does hereby certify that this Change Order was executed in accordance with the provisions of Title 39, Code of Alabama, 1975, as amended. CONSENT OF SURETY Company By (Attach current Power of Attorney) RECOMMENDED By Architect APPROVALS STATE OF ALABAMA BUILDING COMMISSION CONTRACTING PARTIES Contractor By Name & Title Name of Local Owner By Name & Title By Director, Technical Staff By Contract Administrator PSCA Funds are available to fund this change order. PSCA Funds will not be used to fund this change order. ALABAMA PUBLIC SCHOOL and COLLEGE AUTHORITY By Governor and President of Authority Attest to Secretary of Authority Page 1 of 1