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.