04/08/1998
SECTION 00500
FORM OF AGREEMENT
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This a9reement is set forth as of the -' \( th day of j1-PKI L~ in the year of
~_ between the OWNER who is THE BOARD OF COUNTY
COMMISSIONERS of Monroe County Florida; and the following
CONTRACTOR:
Name:
Community Asphalt Corporation
Address:
14005 N.W. 186 Street
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for thE~ purpose of performing all of the Work required by the Co~aSf
Documents for the following PROJECT:
Hialeah, Florida 33018
Phone: (305) 829-0700
CUDJOE KEY ROADS III
ROADWAY IMPROVEMENTS
Cudjoe Key
Monroe County, Florida
The Profect has been desianed by MONROE COUNTY ENGINEERING
DEPARTMENT who is hereafter referred to as the ARCHITECT/ENGINEER and
who OIssumes 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
13id, the Conditions of the Contract (General and Supplementary), the
Supplementary Insurance Documents, the Special Conditions, the
General Requirements, the Technical Specifications, the Drawings,
ond all Addenda issued prior to and all Modifications 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
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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 roadway improvements to local
subdivision streets in Cudjoe Key which includes road base
construction, base widening, grading/regrading roadway
shoulders, asphalt pavement construction, asphalt resurfacing,
traffic paint striping, sign relocation and new installation, , removing
excessive asphalt and concrete, and other related roadway
construction as shown on the Drawings and included in the
Tech nical Specifications.
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 than ten (10) calendar days from Notice to Proceed
ond shall be substantially completed no later than one-hundred and
j"wenty (120) 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 & that the OWNER will suffer financial loss if
the Work is not completed within the times specified above, plus any
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FORM OF AGREEMENT
00500- 2
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
OWNER if the Work is not completed on time. Accordingly, instead of
requiring such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR
shall pay OWNER one-hundred dollars ($100.00) for each day that
expires after the time 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 completion of the Work in
accordance with the Contract Documents in current funds in the
following amount subject to unit price actual quantity variations:
Two Hundred Sixty Thousand Forty Four Dollars and Fifty Cents
$ 260,044.50
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
1he application if all documentation is complete.
F~etention in the amount of ten percent (10%) will be withheld from
Hach 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
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FORM OF AGREEMENT
00500-3
the remainder of the Contract Price, including release of retention, as
recommended by the COUNTY ENGINEER.
Monroe County's 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.
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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. Public Construction Bond
4. Bidding Documents - Notice of Calling for Bids, Instructions to
Bidders, Bid Proposal, Pre-Bid Substitutions, Scope of Work,
Milestone Schedule
5. Notice to Proceed
6. General Conditions (pages 0 to 31, inclusive).
7. Supplementary Conditions (pages 1 to 2, inclusive).
B. Supplementary Insurance Documents (pages 1 to 14, incl.).
9. Special Conditions (pages 1 to 8, inclusive).
1 Cl. General Requirements - Measurement and Payment,
Application for Payment, Submittals, Temporary Controls,
Construction Cleaning, and Post-Bid Substitutions.
11. Technical Specifications.
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00500-5
12. Drawings, consisting of a cover sheet with sheets numbered 1
through 10, inclusive with each sheet bearing the following
general title:
CUDJOE KEY ROADS III
ROADWAY IMPROVEMENTS
Cudjoe Key
Monroe County, Florida
13. Addenda numbers ~ to ~ ,inclusive.
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
iindemnify 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
j:or 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
ogreement.
3/24/9B
FORM OF AGREEMENT
00500-6
Articlle 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
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.
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.
ArtlclE~ 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
7. Drawings (large scale detail drawings over smaller
scale general drawings)
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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 Q ~~. 0 ~
, 1 99.8:.
OWNER: Monroe County BOCC CONTRACTOR: Community Asphalt Corp
Miami-Dade County
. · VICE PRESIDENT
Attest.
Attest
Address for giving notices:
MonrqE:.County Public Works
~~ering Department
~1,aoCollege Road
'f,i~eY'West, FL 33040
Community Asphalt Corporation
14005 N.W. 186 Street
Hialeah, Florida 33018
(SEAl.)
ATTESl: DANNY L KOLHAGE a.ERK
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DE eLE
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END OF SECTION 00500
3/24/98
FORM OF AGREEMENT
00500-8
SECTION 00850
PUBLIC CONSTRUCTION BOND
Bond No. B287 49 50
BY THIS BOND, We Community Asphalt Corp.
, as Principal
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and Reliance Insurance Company
, a corporation, as Surety, are
Board of County Commissioners
bound to of Monroe County. Florida , herein called Owner, in
Two Hundred Sixty Thousand
the sum of $ Forty-Four & 50/l00-------~----- , for payment of which
we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1 . Performs the contract dated
between Principal and Owner for construction of
,19_,
CUDJOE KEY ROADS III
ROADWA Y IMPROVEMENTS
CUdJoe Key
Monroe County, Florida
the contract being made a part of this bond by reference, at the
times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in
Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's
fE~es, including appellate proceedings, that Owner sustains because
of a default by Principal under the contract; and
12/23/97
PUBLIC CONSTRUCTION BOND
00850- 1
4. Performs the guarantee of all work and materials furnished
under the contract for the time specified in the contract, then this
bond is void; otherwise it remains in full force.
Any changes in or under the contract documents and compliance or
noncompliance with any formalities connected with the contract or the
changes does not affect Surety's obligation under this bond.
DATED ON
May 7
, 19 98
Community Asphalt Corp.
(Name of Principal)
By
IGN~
VICE
Reliance Insurance Company
(Name of Surety)
III I I I I I I I 11 I I I I I I I I I IlL
END OF SECTION 00850
12/23/97
PUBLIC CONSTRUCTION BOND
00850- 2
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>.RELIANClSIJRETY COMPANY
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UNITED PACIFIC' INSURANCE CQMPANY
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINI$TRA TIVEOFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF AITORNEY
KNOW ALL MEN BY THESE PRESENTS. that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware.. and that RELlA,NCE INSUR~NCE COMPANY and UNITED PACIFIC INSI,JRANCE COMPANY, ilre corporations duly organized under the laws
oft..he commonwea....lth ofPennsVI~an;,it..a.". d~.hat R..I!.~IA.NC...e'NA.,..T.'ONA. L..'NO.E~NI.T't... CQ..~..P.A.\.N.Y. is 8 corp. oration duly organized under the laws of
the State of Wisconsin (herein (:Gllectl.'yqlllled~~""Oi)"'I:l.!iliea.),and ~at tb"Co.p.ni.. by Vil'tUeof signawre and seals do hereby make.
cOl'1stit,ute and appOirl1: ChIVl'. J.N....on. Cli~ Q,; f1I~~,.~.ryC;~,v"/'W.rr"'IllI-A!tW.LeU,."" Llton.. af Miami Lak... Florid. their
true anQ laWful Atto'neYlsHn~Fact. tOmake(.x'9,liIt',$e~,.!)d deli"er..forand on.th,;r'-h,'t, aqdas their act and deed any and all bond. and
",nd.rtalc~l,)f,.,r~ahlp al!'l~ to bindt~. Co~~~. If'\e,ltby a. .flilllya!,d to'h~'~,1'ne '.lCt~nt ..If such bonds and undertakings and other
writIngs obligatory In the nature thereof were sIgned by an ExecutIve OffIcer of tl'le CompanIes and se.led and attested by one other of such
officers, and hereby ratifies and confirms all that tl'lei, said AttorneylsHn-Fact may do in pursuance hereof.
This Powet' of Attorney is g,ant<<ld u~rllnd.bV the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY.
RELIANCE INSURANCE COMPANY,.UNITEQ P""C'FICINSORANCE COMPANY. and RELIANCE NATlONAL INDEMNITY COMPANY which
provisions are now in full force and 811.(;t, re&ding" follows:
AATlcLi vii- EXECUTION OF SONOS ANO UNOEATAKINGS
,. The Board of OJ,rec:tcn. the Pr8lklent. the CheitlMft of the BaR. Illy Seniot Vice Pruidllrlt. lily VICe.Prflliclent or AUiItI/lt Vice Pr__ or othet 0111_ deslgnatld by the Board ot
OJ,acto.. shall hew IilOwer and IUthority to tellPPOint Attomeyltl-tn-Fecl and to euthori~ _ to tlClCIl1e on '.~' of the CO/lIIlIIIV. /,!at1c!J' ~ unclef1akinep. recognlunees. contracts ollndemnw,
and other \/III,jti"llaOblillUot'( in the neture thereof. and (b) to _ lily SICh Attomey(sl-in-F'1Cl1t anv ti_ end ,evOll4thepo.".. tnd ,,"""'Ity given to them.
2. AUlltheylsl-In-FIlCt sMII heve pOW., and authority. 1Ubjec:t to the termS Ind IimjtlltiOllll of ~PollW. of Atlor..,ilI8ued .to tIl!Ift'l. to e_ deIi_ on behalt of the Camlllny. bonds
end Undett.~ingtl.~niz_. -- of Indemnity and other wtltings ClbIiOetorv in the nature thereof;,..... CIlltllOtlte SUI is notllllCllSSrf tor the validity ot any bonds and undertalu"lls.
recognizances. contrltts of indolmnity and other w,itjnep ObIiOetorv in the natura thereof.
3. Anorneyl.I-in-FtlCt shall hIVe po- Slld IIlIthorlty to exec;wte Ilfidavit. required to bot attlChed to bonds. recoonizances. contrlCtl of indemnity or other conditional or obligatory
undertakings and they 'slWl else, hevepow. and lutllo"t\r to~.the fIM".ciel $t~ of the CClIT\llIlly and to copiee of the av....w. of the Company or InY Irtlcte or section thereot
T.his Power of Attorney jl sigMlId Ind sealed by '_/nile uilci~,tnd bylUt~ty .~ the followinO r8lOlution adOpted by the Executive and ""'- Commitlfts 0' the Boards 01 O"ecto'l 0' Rehance
InllU,anc. ComllanY.United Pacific InS\,/,ance CCll1lltllnv 8I)d "AeIi~NlMi9'l~" "lIdlllnn;ty Company by Unanimous C_ dated U of February 28. 1994 and by the Executlv, and FinanCial
Comm.nee of tllil Bo'rd of Oi'.::torl of Flalianee Suretll'Catnpanv by lJnsnlrh. C~ dated IS of Mitch 31. 1994.
"Resolved that the sgnetu,.. of sueh dj,tICtotf and offic:era and the .... of the Company I'I!IY bot ~xed to lily ..ell POWIf' of Attorney or any certdicllU relating thereto by
'lQ$im"..~nd Illy IU~.II Power of Attorney 01' certiflcate beerlng..1UCh flClimile "11"tu'... flCli",ili. SUI '.".. btwlllid IIlIIl .l1indinO upotIlhe Company and any such Power so
e~ecutad 1M cenltiel! by flClimile signaturM andflCSimile .... shell be vlllid and'~ UPlJlIlhe Clompanv,'jn the .fUture ""Ith ,r..~ to lily bond 0< UndertakIng 10 whICh .tlS
attached. .
IN WITNESS WHEREOF:, the Companies have caused these presents to be. signed I/nd their corpOrate s'.ls to be hereto affixed. this February 1.
1998.
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RELIANCE SURETY COMPANY
REUANCEINSURANCECOMPANY
UNrrED PActFlC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
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STA TE. OF Penr:tsylllania }
COUNTY OF Philadelphiis } SI.
0.", this,. Feb"U8ry 1. 1998, before me, VIMncIa Wortham, personally appe.red D.~.T.Ak....,whq.acknowledg.d himself to be the Senior Vice
President of the Reliance Surety Company, el1d the Vice President Of Reliance Inlurance"Companv, United PBCific Insurance Company. and
Reliance National Indemnity Company Bnd thet a. such, being authorized to do so. executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself aa its duly authorjzed officer.
In witness whereof. I hereunto set my Hand al1~ official ..al.
Notarial Seal
Valencia Wort/':,am Notary Pt.~lc
Philadelphia. Philadelphia Coun
My CommISSion E;(pires Nov. 18. i600
~ti~W~~
Notary Public in and for the State of Pennsylvania
Residi"9 at Philadelphia
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THE SA
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