Loading...
HomeMy WebLinkAboutBergeron Land Development, Inc. Agreement -1997 07 03 SECTION 00500 AGREEMENT FORM 1. GENERAL 1.01 THIS AGREEMENT, made this 3rd day of July, 1997 by and between (1) the Citv of Winter Springs , hereinafter called the owner, and (2) Bergeron Land Development, Inc. doing business as a (3) Corporation, and hereinafter called the CONTRACTOR. 1.02 WHEREAS, the Owner and the contractor are desirous of entering into an Agreement for construction of the Hayes, Moss and Panama Road Improvements by CONTRACTOR for OWNER. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter exchanged the parties agree as follows: 1. Contract Documents. - The Contract Documents consist of this Agreement; all Technical, General, and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. 2. Scope of Work - The Contractor shall perform all work required by the Contract Documents for the construction of Haves Road. Moss Road. and Panama Road: Roadwav. Drainaae and Waterline Improvements . 3. Contract Time - The CONTRACTOR shall begin work within ten (10) days after the issuance of a written Notice to Proceed and shall complete the work within one hundred eighty (180) calendar days from the date of the Notice to Proceed. 4. Liquidated Damages - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties Involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in Paragraph 3 for. final completion until the work is finally complete. 5. Contract Price, Lump Sum Contract - The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and directions by Change Order, the Total Contract Price of Four Hundred Forty-Nine Thousand Dollars ($449,000.00) and subject to completion of the work, in accordance with the Contract documents. 6. Pavments - The Owner will make payments a~/ provided in the General Conditions and Supplementary Conditions. 7. Engineer - The Project has been designed by Conklin, Porter & Holmes-Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions. (1) Owner (2) Contractor (3) Sole Proprietor, Partnership, or Corporation 00500-1 8. Bond - CONTRACTOR shall supply a materials, performance and payment bond in accordance with Florida law and to the satisfaction of OWNER. 9. Mediation/Venue - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to mutually select a mediator and in the event they cannot mutually agree upon a mediator, one will be appointed by the American Arbitration Association. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any casue of action filed hereunder shall e filed in the Circuit or County Court for Seminole County, Florida. 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Bergeron Land Development Inc Name of Firm Seal) OWNER: The Citv of Winter Springs Name of City Ronald W. McLemore (Seal) City Manager Attest Margo M. Hopkins END OF SECTION 00500-2 HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford, ConneeHeut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its prindpal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint ROBERT L. ASHTON, PATRICIA A. ASHTON, ROBERT M. WELSH, STEVE DIAMOND and CHERYL WHITE of WINTER PARK, FLORIDA its true and lawful Attomey(s}in-Fad, with full power and authority to each of said Attomey(s}in-Fact, if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings on behalf of the Company in Its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contrails other than insurance polices; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municpalfies, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law avowed, Any and all Surety Bonds and any and all consents required by the Florida Department of Transportation, incident to the release of retained percentages and/or final estimates on engineering and/or construction contracts and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fuly and to the same extent as ff such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers, and hereby retfies and confirms all that its said Attorney(s)-in Fad may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By-laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 10th day of February, 1943. ARTICLE IV SECTION 8. The President or any Vxx*President, ak~ing with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes ony of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Resident Assistant Secretaries and Attomeys•in-Fad and at any time to remove any such Resident Y~ce-President, Resident Assistant Secretary, or Attorney-in-Fad, and revoke the power and authority given to him. SECTION 11. Attorneys-in-Fad shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to exearle and deCrver on behaN of the Comparry and to attach the seal of the Comparry thereto any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such insWment executed by any such Attorney-in-Fad shall be as binding upon the Company as ff signed by an Executive Officer and sealed and attested by one other of such Officers. This power of attorney le signed and seabd by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, at a meeting duy called and held on the 21st day of September, 1993. RESOLVED, that the signatures of such Offxxre and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facskrule, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shalt be valid and binding upon the Company and any such power so executed and certified by facsimib signatures and facsimile seal shall be valid and binding upon the Company in the future with reaped to any bond or undertaking to which it is attached. In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day May, 1995. Atbsst HARTFORD ACCIDENT AND INDEMNITY COMPANY -~~~z~i~l~~ Ricinrd /~~ STATE OF CONNECTICUT ~~ COUNTY OF HARTFORD. ~ ~ Paul . Mlara la Vxe-Pres7dent On this 1st day of May, A.D. 1995, before me personally came Paul L. Marabella, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the HARTFORD ACCIDENT AND INDEMITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of 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. r+N• •0:4 STATE OF CONNECTICUT NOTARY t •~ COUNTY OF HARTFORD. ~ ss ~sk4` • lVoary My Camrtrlesbn Expires Juns 30, 1999 CERTIFlCATE I, the undersigned, Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a ConnecGart Corporation, DO HEREBY CERTIFY that the forEgoing and attached POWER OF ATTORNEY remains in full force and has not teen revoked; and furthemrore, that Artide IV, Sections 8 and 11 of the By-laws of the Company, and the Resolutions of the Board of Dirediors set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Forth S~054-2 Printed in U.S.A. 1 ~ .- HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having fts prinapal office in the City of Hartford, County of HaMord, State of Connecticut, does hereby make, constitute and appoint ROBERT L. ASHTON, PATRICIA A. ASHTON, ROBERT M. WELSH, STEVE DIAMOND and CHERYL WHTTE of WINTER PARK, FLORIDA its true and lawful Attomey(s}in-Fact, with full power and authority to each of said Attomey(s}in-Fact, ff more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the perfomtance of contracts other than insurance polities; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law avowed, Any and all Surety Bonds and any and all consents required by the Florida Department of Transportation, incident to the release of retained percentages and/or final estimates on engineering and/or construction contracts and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent as ff such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in Fact may do in pursuance hereof. This power of attomey is granted by and under authority of the following provisions: (1) By-laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 10th day of February, 1943. ARTICLE N SECTION 8. The President or any Vice-President, ailing with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes onty of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fad and at any time to remove any such Resident Vice-President, Resident Assistant Secretary, or Attorney-in-Fad, and revoke the prnxer and authority given to him. SECTION 11. Attorneys-in-Fad shall have power and authority, subject to the terms and limitations of the power of attomey issued to them, to execute and deliver on behaH of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrumertt executed by any such Attorney-in-Fad shall be as binding upon the Company as ff signed by an Executive Officer and sealed and attested by one other of such Officers. This power of attomey is signed and sealed by facsimile under and by the authority of the folk>wing Resolutan adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, at a meeting duty called and held on the 21st day of September, 1993. RESOLVED, that the signatures of such Officers and the seal of the Comparry may be affoked to any such power of attomey or to any certificate relating thereto by hacsimile, and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimib signatures and facsimile seal shall be valid and binding upon the Company in the future with rasped to any bond or undertaking to which it is attached. In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1 st day May, 1995. Attest HARTFORD ACCIDENT AND INDEIMNITY COMPANY taiehvd R. Fiermvron STATE OF CONNECTICUT ) ,~ COUNTY OF HARTFORD. y} as. ~~ PaW .Illara lls V~ On this 1st day of May, A.D. 1995, before me personally came Paul L. Marabella, to me known, who being by me duty swum, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the HARTFORD ACCIDENT AND INDEMITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that ft was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. +x. wor STATE OF CONNECTICUT 11 ''NOTARY " 4 c'v('~~ / ~ 'W j tt• •~I9tJC • Jean H. Woatiak COUNTY OF HARTFORD JJJ My Cornrrrksbr~txpirsa June 30, 1999 CERTIFlCATE I, the undersigned, Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the forEgoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Artide IV, Sections 8 and 11 of the By-laws of the Company, and the Resolutions of the Board of Directions set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 31" d day of ~ U 1 y 19 ~ ~ . • ~~ ~i r. ... RobsR L Poei Form S-4054-2 Printed in U.S.A. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327.1800 March 17,1998 Bergeron Land Development, h"1e. 2710 Michigan Avenue Kissimmee, FL 34744 Attention: Mr. Glen Kolb Project Manager Rc: HayesRoad, Moss Road and Panama Road Roadway, Drainage and Watermain Improvements Subject: Change of Contract Time Dear Mr. Kolb: Please be informed that your request for a seven (7) day time extension due to extensive rainfall during the month of February has been approved. Your contract time of 196 days, from the previous extension granted, is now revised to 203 days. Therefore, your new completion date is March 25, 1998. Should you have any questions, please feel free to contact me. Sincerely, Kipton Lockcuff, P.E. Public Works/Utility Director cc: City Engineer Finance Director City clerk CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 February 23, 1998 Bergeron Land Development, Inc. 2710 Michigan Avenue Kissimmee, FL 34744 Attention : Mr. Glen Kolb Project Manager Re: Hayes Road, Moss Road and Panama Road Roadway, Drainage, and Watermain Improvements Subject: Change of Contract Time Dear Mr. Kolb: Please be informed that your request for a time extension, reference your letter dated January 26, 1998, has been approved. This and the additional time granted on various change orders are listed as follows; 1. Original Contract Time = 180 d9.)TS . Sept. 02, 1997 to Mar.02, 1998 2. Change Order No. 1 = 2 days 3. Chsnse Orde-l' No. 3 = 7 clays 4. January 26, 1998 letter request = 7 days With the additional 16 days to the original contract time of 180 days, the completion date is hereby revised to March 18,1998. Should you have any questions, please feel tree to contact me. Sincerely, Kipton Lockcuff, P.E. Pulbic Works/Utility Director cc: City Engineer Finance Director City Clerk CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 LETTER OF TRANSMITTAL July 25, 1997 TO: City Clerk, Margo Hopkins FROM: City Engineer, Mark L. Jenkins, P.E. The following items are attached relating to Bid# 97-017 HAYES RD., MOSS RD., PANAMA RD. DRAINAGE, ROADWAY AND WATERMAIN IMPROVEMENTS. One (1) copy of each of the following signed and executed documents: * Notice of Award * Agreement Form * Performance Bond * Labor and Materials Payment Bond These are for your records.