Resolution 125-1981
RESOLUTION NO.125 - 1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA TO
EXECUTE A CONTRACT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND
THE BREWER COMPANY OF FLORIDA INC. FOR PAVING AND
DRAINAGE IMPROVEMENTS FOR SECOND AVENUE, STOCK ISLAND.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a Contract
by and between the Board of County Commissioners of Monroe County,
Florida, and the Brewer Company of Florida Inc., a copy of same being
attached hereto, for paving and drainage improvements for Second
Avenue, Stock Island.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of April, A.D. 1981.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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(SEAL)
Attest:
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SECTION E
AGREEMENT
THIS AGREEMENT is dated as of the ~ \ S-\-
in the year 1981, by and between
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MONROE COUNTY. FLORIDA
(hereinafter called OWNER) and
THE BREWER COMPANY OF FLORIDA. INC.
(hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in considera-
tion of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
CONTRACTOR shall complete all Work as specified or indicated in the
Contract Documents. The Work is generally described as follows:
PAVING AND DRAINAGE IMPROVEMENTS
SECOND AVENUE - STOCK ISLAND, FLORIDA
ARTICLE 2 - ENGINEER
The County Resident Engineer will assume all duties and responsi-
bilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work
in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT TIME
3.1 The Work will be substantially completed within 45 days
after the date when the Contract Time commences to run as provided
in paragraph 2.3 of the General Conditions, and completed and
ready for final payment in accordance with paragraph 14.13 of the
General Conditions within 45 days after the date when the
Contract Time commences to run.
3.2 Liquidated Damaqes - 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 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expense and difficulties involved
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in proving in a lega~ ur aro~trat~on proceea~ng ~ne aC~Ud~ ~u~~
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
One Hundred and no/lOa
for each day that expires after the time
).1 for substantial completion until the
complete.
dollars ~$ 100.00 )
specified ~n paragraph
Work is substantially
ARTICLE 4 - CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Based on the unit prices shown in the Proposal, Section C, submitted
to the OWNER by the CONTRACTOR, the aggregate amount of this Agree-
ment is
50
Forty thousand, fifty eight hundred and uro dollars ($40,O'iA liO ).
ARTICLE 5 - PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will
be processed by ENGINEER as provided in the General Conditions.
5.1 Progress Payments - OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Applica-
tions for Payment as recommended by ENGINEER, on or about thirty ()o)
days after receipt of the CONTRACTOR's Application for Payment as
recommended by the ENGINEER. All progress payments will be on the
progress of the Work measured by the schedule of values provided for
in paragraph 14.1 of the General Conditions.
5.1.1 Prior to Substantial Completion progress.payments will be in
an amount equal to:
Ninety percent (2Ql) of the Work completed, and
Ninety percent (~) of materials and equipment not incorporated in
the Work but delivered and suitably stored, less in each case the
aggregate of payments previously made.
5.2 Final Payment - Upon final completion and acceptance of the
Work in accordance with paragraph 14.1) of the General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended
by ENGINEER as provided in said paragraph 14.1).
,1\RTICLE 6 - INTEREST
All moneys not paid when due hereunder shall bear interest at the '
maximum rate allowed by law at the place of the Project.
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ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent
of the Contract Documents, Work, locality, and with all local con-
ditions and federal, state and local laws, ordinances, rules and
regulations that in any manner may affect cost, progress or
performance of the Work.
7.2 CONTRACTOR has studied carefully all reports of investigations
and tests of subsurface and latent physical conditions at the site
or otherwise affecting cost, progress or performance of the Work
which were relied upon by ENGINEER in the preparation of the Draw-
ings and Specifications and which have been identified in the
Supplementary Conditions.
7.) CONTRACTOR has made or caused to be made examinations, investi-
gations and tests and studies of such reports and related data in
addition to those referred to in paragraph 7.2 as he deems necessary
for the performance of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions
of the Contract Documents; and no additional examinations, investiga-
tions, tests, reports or similar data are or will be required by
CONTRACTOR for such purposes.
7.4 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms
and conditions of the Contract Documents.
7.5 CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is accept-
able to CONTRACTOR.
7.6 CONTRACTOR shall maintain proper accounting records of all
materials, equipment and labor entering into the' Work as may be
necessary for proper progress and financial management under this
Agreement, and the system used shall be satisfactory to the OWNER.
OWNER shall have access to all CONTRACTOR's records, books, corres-
pondence, instructions, drawings, receipts, vouchers, memoranda and
similar data relating to the cost of the Work, during the progress
of the Work and throughout the correction period established in
paragraph 13.12 of the General Conditions.
ARTICLE 8 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between
OWNER and CONTRACTOR are attached to this Agreement, made a part
hereof and consists of the following:
8.1 Notice of Calling for Bids
8.2 Instruction to Bidders
8.3 Proposal including Exhibits completed as CONTRACTOR's Bid
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'8.4 This Agreement including Exhibits
8.5 General Conditions
8.6 Supplementary Conditions
8.7 Spedial Conditions
8.8 Specifications
8.9 Addenda prior to execution of this Agreement
8.10 Modifications after execution of this Agreement
8.11 Drawings
8.12 Notice of Award
8.13 Documentation submitted by CONTRACTOR prior to Notice of Award
There are no Contract Documents other than those listed above in
this Article 8. The Contract Documents may only be altered, amended
or repealed by a Modification (as defined in Section 1 of the
General Conditions).
ARTICLE 9 - MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article I of
the General Conditions shall have the meanings indicated in the
General Conditions.
9.2 No assignment by a party hereto of any rights under or interests
in the Contract Documents will be binding on another party hereto
without the written consent of the party sought to be bound; and
specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the
.assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds himself, his partners, succes-
sors, assigns and legal representatives in respect to all covenants,
agreements and obligations contained in the Contract Documents.
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IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the day and date first above written in three (J)
counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original Contract.*
Approved.as to correctness of
form:
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Attorney for Monroe County,
Florida
Signed, Sealed and Witnessed
in the presence of:
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BOARD OF COUNTY COMMISSIONERS
Monroe County
Party of the First Part
County Clerk
Board of County Commissioners
Monroe County
The Brewer Company of Florida.Inc.
Party of the Second Part
By: ~A~
W.R.Brewer,
Assistant Vice-President
Title
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(Seal)
G.R.Gaine~,A9sistant-Secretary
*In the event that the Contractor is a Corporation, there shall be
attached to each counterpart a certified copy of a resolution of
the Board of Directors of the Corporation, authorizing the officer
who signs the Contract to do so in its behalf.
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