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11/12/1996 SECTION 00500 FORM OF AGREEMENT This agreement is set forth as of the /2- th day of ~vetl~n the year of I qC;f:; between the OWNER who is THE BOARD OF COUNTY COMMISSIONERS of Monroe County Florida; and the following CONTRACTOR: Name: Coastline Markina Inc. Address: 2711 SW 36th Street Ft. Lauderdale, Florida 33312 Phone: (954) 581-6278 for the purpose of performing all of the Work required by the Contract Documents for the following PROJECT: C-905 STRIPING Key Largo Monroe County, Florida The Protect has been designed by MONROE COUNTY ENGINEERING DEPT. who is hereafter referred to as the ARCHITECT/ENGINEER and who assumes all duties and responsibilities and has the rights and authority assigned to the ARCHITECT/ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. The OWNER and the CONTRACTOR agree as set forth as follows: Article 1 - The Contract Documents The Contract Documents consist of this Agreement, the Request for Bid, the Conditions of the Contract (General and Supplementary), the Supplementary Insurance Documents, the Special Conditions, the General Requirements, the Technical Specifications, the Drawings, land all Addenda issued prior to and all Modifications issued after lsxecution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or 10/29/96 FORM OF AGREEMENT 00500- 1 repeated herein. An enumeration of the Contract Documents appears in Article 7. Article 2 · The Work The Contractor shall perform all the Work required by the Contract Documents for the following Scope of Work: A. The Scope of Work consists of striping and installing reflective pavement markers on C-905 located in Key Largo. B. The Contractor shall: provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, transportation, inspection, and proper execution and completion of all Work as specified on the Drawings and Technical Specifications. C. The Specifications contained herein are considered to be the minimum standards required. Construction shall comply with all applicable Federal, State, Local codes and ordinances. D. This agreement is to be governed by the laws of the State of Florida. Article 3 · Schedule The Contractor shall commence Work to be performed under this Contract no later that ten (10) calendar days from the Notice to Proceed and shall be substantially completed no later than 60 calendar days from the Commencement Date. The Contractor also agrees to be complete and ready for final payment in accordance with the General Conditions no later than thirty (30) calendar days from the Substantial Completion Date. Substantial Completion shall be determined by the County Engineer. The Owner and the Contractor recognize that time is of the essence in this Contract and that the Owner will suffer financial loss if the Work is not completed within the times specified above, plus any extensions of time allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for ldelay (but not as a penalty), the Contractor shall pay the Owner one- Jhundred dollars .L$loo.00) for each day that expires after the time 10/29/96 FORM OF AGREEMENT 00500- 2 specified above for Substantial Completion until the Work is Substantially Complete. The Owner and Contractor agree that work on the project will be continuous from the commencement date through to the completion date. Any demobilization once the work has started requires prior approval by the Owner. Article 4 · Contract Price The OWNER shall pay the CONTRACTOR for the faithful performance of the Work in accordance with the Contract Documents in current funds not to exceed the following amount based upon unit prices and actual quantities: $ Fifty Eiqht Thousand, Four Hundred Sixty One Dollars 02/100 (WORDS) $ 58,461.02 (DOLLARS) Article 5 · Payment Procedures The CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. The OWNER shall make progress payments on account of the Contract Price on the basis of the CONTRACTOR'S Application for Payment as recommended by the COUNTY ENGINEER once per month during construction. All progress payments will be on the basis of the progress of the Work measured in accordance with the General Conditions and Supplementary Conditions of the Contract. Payment will be made approximately twenty (20) days from the submission of the application if all documentation is complete, and if all work has been accepted. If documentation is missing or work is unacceptable, then the payment application will either be returned or held until the County is satisfied as stated above. Retention in the amount of ten percent (10%) will be withheld from each progress payment until final payment is made. Upon final completion and acceptance of the Work in accordance 'with the General Conditions and upon submittal of all closeout documentation, and compliance with F.S.255.05, OWNER shall pay the 10/29/96 FORM OF AGREEMENT 00500-3 remainder of the Contract Price, as recommended by the COUNTY ENGINEER. Monroe County1s performance and obligation to pay under this contract, is contingent upon an annual appropriation by the B.O.C.C. Article 6 · Contractor's Representations In order to induce OWNER to enter into this Contract, CONTRACTOR makes the following representations: 1 · CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 2. The CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are included in the Contract Documents. 3. The CONTRACTOR has obtained and carefully studied {or assumes responsibility for obtaining & carefully studying} all such examinations, investigations, explorations, tests, reports, and studies which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, exploration, tests, reports, studies, or similar information or data be or will be required by the CONTRACTOR for such purposes. 4. The CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. 10/29/96 FORM OF AGREEMENT 00500-4 5. The CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 6. The CONTRACTOR has given the OWNER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the OWNER is acceptable to the CONTRACTOR. Article 7 · Contract Documents The Contract Documents which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work consist of the following: 1 . Notice of Award 2. This Agreement (pages 1 to 8, inclusive). 3. Bidding Documents - Notice of Calling for Bids, Instructions to Bidders, Bid Proposal, Pre-Bid Substitutions, Scope of Work, Milestone Schedule 4. Notice to Proceed 5. General Conditions (pages 0 to 31, inclusive). 6. Supplementary Conditions (page 1). 7. Supplementary Insurance Documents (pages 1 to 11, incl.). 8. Special Conditions (pages 1 to 3, inclusive). 9. General Requirements - Measurement and Payment, Application for Payment, Submittals, Construction Cleaning, and Post-Bid Substitutions. 1 ~). Technical Specifications. 11 . Addenda numbers 0 to , inclusive. 10/29/96 FORM OF AGREEMENT 00500-5 There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. Article 8 · Indemnification and Hold Harmless Agreement. The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney.s fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor.s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Article 9 · Miscellaneous. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. No assignment by a party hereto of any rights under or interests in the IContract 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 10/29/96 FORM OF AGREEMENT 00500-6 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. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10 · Other Provisions In cases of conflict within the described Contract Documents in Article 7 of this Form of Agreement, the order of precedence shall be as follows: 1 . This Agreement 2. Bidding Documents with all/any addenda 3. General Requirements 4. Supplementary Conditions 5. General Conditions 6. Technical Specifications 10/29/96 FORM OF AGREEMENT 00500-7 IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to the OWNER, CONTRACTOR, COUNTY ENGINEER and COUNTY PURCHASING DEPARTMENT. All portions of the Contract Documents have been signed or identified by the OWNER and CONTRACTOR or by the COUNTY ENGINEER on ' their behalf. This Agreement will be effective on --1la.u.A~ ~ .&.. I ~ , 1 9~. OWNER: Monroe County BOCC CONTRACTOR: Coast Line Marking, Inc. By A ttest_ Address for giving notices Address for giving notices Monroe County Public Works Engineering Department 51 00 (:ollege Road Key West, FL 33040 70<6 (1om m EJ2C ~_ u.)~ ~I~C R-- 33VSf (SEAL) ATTEST: DANNY L. KOLHAGE, OERK ................ END OF SECTION 00500 1 0/29 /~t6 FORM OF AGREEMENT 00500-8