02/12/1980
'i
U
./- Jj'l,-~,-j
t, "-I
CONTRACT
( ,
THIS AGREEMENT made as of the 12th day of February
in the year 19 .~ by and between the Board of County Commi ss ioners, Monroe County
Florida (hereinafter called OWNER) and THE BREWER COMPANY OF FLORIDA, INC.
(hereinafter called CONTRACTOR)
WITNESSETH THAT OWNER AND CONTRACTOR in consideration of the mutual covenants
hereinafter set forth agree as follows:
Article 1. WORK. The CONTRACTOR shall perform all Work as specified or indicated
in the Contract Documents for the completion of the Project generally described as
follows:
BREEZESWEPT BEACH ESTATES
Article 2. ENGINEER. The Project has been designed by Reynolds, Smith and Hills,
Architects-Engineers-Planners, Incorporated, who will act as ENGINEER in connection
with completion of the Project in accordance with the Contract Documents.
( Article 3. CONTRACT TIME. The Work will be completed wi thin 100 days after the
date when the Contract Time commences to run as provided in paragraph 2.5 of the
General Condi ticms. The CONTRACTOR shall commence work wi thin 10 calendar days after
receipt of Notice to Proceed.
Article 4. CONTRACT PRICE. Owner shall pay the CONTRACTOR for performance of the
Contract subject; to additions and deductions provided in the Contract Documents as
follows:
Based upon the unit prices shown in the proposal submitted to the OWNER by the
CONTRACTOR, the aggregate amount of this Contract is Three Hundred Fifty Thousand Seve!!
Dollars ($350.750.00 ). Hundred Fifty and 00/]00---------
Article 5. APPLICATIONS FOR PAYMENT. CONTRACTOR shall submit Applications for
Payment in accordance with Article 14 of the General Conditions. The Applications
for Payment will indicate the amount of the Contractor's Fee then payable. Applications
for Payment will be reviewed by ENGINEER as provided in the General Conditions.
Article 6. PROGRESS AND FINAL PAYMENTS. OWNER shall make progress payments on
the basis of CONTRACTOR'S Applications for Payment as approved by ENGINEER, on or about
30 days after receipt of the CONTRACTOR'S request for progress payments.
6.1 Progress payments will be made:
6.1.1 Prior to Substantial Completion, in an amount equal to:
90\ of the Work completed, and
~
C-l
(
90\ of material and equipment not incorporated in the Work but
delivered and suitably stored, less in each case the aggregate of pay-
ments previously made.
6.2 Upon final completion of the Work and settlement of all claims,
OWNER shall pay the remainder of the Contract Price.
Article 7. ACCOUNTING RECORDS, CONTRACTOR shall che=k all materials, equip-
ment and labor entering into the Work and shall keep such full and detailed
accounts as may be necessary for proper financial management under this Agree-
ment, and the system shall be satisfactory to OWNER. OWNER shall be .afforded
~ccess to all CONTRACTOR'S records, books, correspondence, instructions, drawings,
receipts, vouchers, memoranda and similar data relating to the Cost of the Work.
Article 8. CONTRACT DOCUMENTS. The Contract Documents which conprise the
contract between OWNER and CONTRACTOR are attached hereto and made a part hereto
and made a part hereof and consist of the following:
8.1 Notice of Calling for Bids
8.2 Instruction to Bidders'
8.3 Proposal including Exhibits
8.4 This Agreement including Exhibits
8.5 General Conditions
8.6 Supplementary Conditions
8.7 Specifications
.8.8 Addenda prior to execution of this Agreement
8.9 Modifications after execution of this Agreement
8.10 Drawings listed below:
Sheet No.
Title
1
K~M~
2
Location plan and typical section
3 - 10
Roadway profiles and limits of construction
~
C-2
(
(
ArtiG1e 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 Neither OWNER nor CONTRACTOR shall, without the prior written con-
sent of the other, assign or sublet in whole or in part ~is interest under any
of" the Contract Documents; and, specifically, CONTRACTOR shall not assign any
moneys due or to become due without the prior written consent of OWNER.
9.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the Contract Documents.
9.4 The Contract Documents constitute the entire agreement between OWNER
and CONTRACTOR and may only be altered, amended or repealed by a duly executed
written instrument.
C-3
~
c
IN HITNESS WHEREOF the parties hereto have executed this Agreement on the
day and date first above written in three (3) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original
Contract" *
Approved as to correctness of form:
BOARD OF COUNTY COMMISSIONERS
Monroe County
Party of the
< I
J) ~ ,/'
//' '//(0)/;.~,6:
,/ ~ .,
Attorney for Monroe County, Florida
By:
It"
Attest:
Ralph W. White
County Clerk
Board of County Commissioners
Monroe County
,(
Signed, Sealed and Witnessed in the
presence of:
THF. RRF.WKR COMPANY OF FT.ORTDA, INC.
P rty of th econd Part
By:
W F Brewer
Vice-President
Title
Attest:
~~
(Seal)
G.R.Gaines. Assist-Secretarv
(*) 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.
C-4
"
"'.
SPEC UL HE!TII<<;
OF
THE BOARD OF DIRECTORS
A special meeting of the Board of Directors was held at the
Company olnCt! l<'cated lit 9800 Northwe8t l06th Street, Hi umi. Florida on
i'larch 16, 1979. All Directors were present and Charles Munz acted 88
f'
~halrman l)f the lDe'.:!t!ng.
Mr. Munz stated the purpo.e of the meeting was to authorize
,:ertain oUlcers of the Company to. .1gn contrac t documents on its behalf.
After 80Ule discussion Walter'. Brewer made. 8 re8olut1.on that
the folla.nng officers bp. authorized to sign contract documents on behalf
)f the corporation.
Charles H. Munz. Presldent
Walter Y. Brewer. Vlce-Pr..ldent
Wp'ter R. Brewer, Alllatant Vlce-President
A vote was taken and the resolution was unanimously approved.
There being no further bU8inell to dilCUI8 the meeting was
adjourned.
.
..
\
f
r
J