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Home My WebLink AboutPrime Construction Group Agreement -1996 01 10.a ~` ~ ~ SECTION 00500 • AGREEMENT FORM 1. GENERAL 1.01 THIS AGREEMENT, made this ~ day of ~ ~, h 4 4r"~41 199 by and between the Citv of Winter Sorins~s, hereinafter called the Owner, and Prime Construction Grouo Inc doing business as a Corporation, and hereinafter called the Contractor. 1.02 The Owner and Contractor agree as follows: A. 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. B. Scope of Work The Contractor shall perform all work required by the Contract Documents for the construction of Emer4encv Power Improvements. C. Contract Time The Contractor shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 180 calendar days from the date of the Notice to Proceed. D. 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 C 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 5250.00 for each day that expires after the time specified in Paragraph C for final completion until the work is finally complete. Contract Price The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Nine Hundred Thirtv Three Thousand Five Hundred and No/100 Dollars ($933.500.00). Payments will be made to the Contractor based on the Lump Sum Bid amount, the Schedule of Values, and subject to completion of the work, in accordance with the Contract Documents. F. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. 00500-1 1 `~ G. Engineer 1.03 • • The Project has been designed by Conklin, Porter &Holmes-Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Prime Construction Grouo. Inc. Name of Firm ~~~ (Seal) By (Signature and Title)Thom M. Perley Vice-President Atte Jinnie A. Anderson OWNER: Citv of Winter Sorinas Name of Owner ~~ ~~ (Seal) By ( ignatu a and itle) John Govoruhk, City Manager Attest - argo Hopkin City Clerk END OF SECTION 00500-2 CERTIFI~ COPY OF POWER OF ATT~EY THE OffiO CASUALTY INSURANCE COMPANY HOME OFFIC$ HAMILTON, OHIO No. 29-024 ~tID>R1I All ~Ptt b1J ~hP1;P ~rPBPriIf3: That THE OHIO CASUALTY INSURANCE COMPANY, is punn.ace of authority granted b7 Article Vl, Seetioa 7 of the By-Laws of ssid Company, does hereby nominate, constitute and appoint: Lloyd H. Waldorff or Dale Waldorff or Benjamin H. French - - - - - - - of Mary Esther, Florida - - - ib true sad 4wfu1 agent sad ^ttoraey -in-fact, to make, ezecute, seal and deliver for and on it• behalf as surety, and as its set and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding is say single instance SIX MILLION - - - - - - - - - - - - - - - - - - - - - - - - (~ 6,000,000.00 - '~ Dollars, excluding, however, any bond(s) o: undertaking(s) guaranteeing the payment of notes and interest thereon And the nzecution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said CoaLpany, •s fully and amply, to all intents sad purposes, as if they had been duly executed and scknowledged by the regularly elected officers of the Company •t its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersede any previous authority heretofore granted the above named attorney(s)-ia-fact. ""~"wnul In WITNESS WHEREOF, the underai ned officer of the said The Ohio Caeualt v ~111!9fu~ g Y ~, lasurance Company has hereunto subscribed his name and affixed the Corporate Seal of the jWi ~ said The Ohio Casualty lasurance Company thin 22nd day of December 19 92. ., ; SEAL `~ ~; ~ c ~ (Signed) /NIITO'A.d~'~~~~ ........... ..... ... ................... IIIYµpllYll~' STATE OF OHIO, {~S$1 SeCI'E'tdl'~/ COUNTY OF BUTLER } SS. oa thi. 22nd day of December A. D. 19 92 before the subscriber, a Notary Public of the State of Ohio, is and for the County oP Butler, duly commissioned sad gwlified, came Lloyd E. Cf~ary, ASSIStallt Secretary - - - - - - - - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual end officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth cad saith, that he i• the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority sad direction of the said Corporation. ~a~aunmunu~ W TESTIMONY WHEREOF, 1 hsve hereunto set my hand sad affixed my Official `'~O,iOt~'~-L t4/~L~ Seal st the City of Hamilton, State of Ohio. the day and year first above written. _r*~~~WI~~~',*. (Signed) / ?• ~- 8 ................... !~ ~ ~" ~~"' ~ Nora Public m a for Coun of B r, to of Ohio lFj''••.....•' ~ ~~ e 7 //~~~/tu~mt~iu ~~~~ M Commission ez fires rl~~~r~~ ~ 1~~7 Y P ...... ... s..........s............ This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, eztrscts from which reed: "ARTICLE VI" "Section 1. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-ia-fact for the purpose of signing the name of the Company n• surety to, and to ezecute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizences, stipulations, undertakings or other instruments of suretyship sad policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to say county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of th• Company on May 27, 1970: "RESOLVED that the signature of any olheer of the Company authorized by Article VI Section 7 of the by-lawn to appoint attorneys in feet, the signature of the Sceretary or say Assistant Secretary certifying to the correctness of any copy of • power of attorney and the seal of the Compsny may be sffized by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company a• original signatures sad seal, to be valid end binding upon the Company with the same force and e$ect es though manually affixed." CERTIFICATE 1, the undersigned Assistant Sceretary of The Ohia Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article Vl Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are tru• sad correct copies and are in full force and e$ect oa this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A. 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