05/20/1997
SECTION 00500
FORM OF AGREEMENT
This agreement is set forth as of the Or_ th day of ~ in the year of
/ qr; 7 between the OWNER who is THE BOARD OF COUNTY
COMMISSIONERS of Monroe County Florida; and the following
CONTRACTOR:
Name:
The Brewer Company of Florida, Inc.
Address:
10400 N.W. 121 Way
Miami, Florida 33178
Phone: (305) 364-3595
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for the purpose of performing all of the Work required by the contrdci
Documents for the following PROJECT:
STOCK ISLAND ROADS I
ROADWAY IMPROVEMENTS
Stock Island
Monroe County, Florida
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The Protect has been desianed by MONROE COUNty ENGINEERING
DEPARTMENT 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 comptetion 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,
and 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
4/24/97
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 Stock Island which. includes base widening,
grading/regrading roadway shoulders, leveling, resurfacing, striping,
installing reflectors, sign relocation and new installation, installing
concrete sidewalk, trimming or removing invasive trees, removing
excessive asphalt and concrete, installing pearock and other
related roadway construction as shown on the Drawings and
included in the Technical 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
and shall be substantially completed no later than one-hundred and
twenty (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
OWN ER 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 <;::ONTRACTOR 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 Fifty-One Thousand Two Hundred Forty-five Dollars
and Fifty Cents
$251 ,245.50
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
the application if all documentation is complete.
Retention in the amount of ten percent (10%) will be withheld from
each progress payment until final payment is made.
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FORM OF AGREEMENT.
00500-3
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 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
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FORM OF AGREEMENT
00500-4
at or contiguous to the site and assumes responsibility for
the accurate location of said Underground Facilities.
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 30, inclusive).
7. Supplementary Conditions (pages 1 to 2, inclusive).
8. Supplementary Insurance Documents (pages 1 to 12, incl.).
9. Special Conditions (pages 1 to 7, inclusive).
10. General Requirements - Measurement and Payment,
Application for Payment, Submittals, Temporary Controls,
Construction Cleaning, and Post-Bid Substitutions.
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FORM OF AGREEMENT
00500-5
11. Technical Specifications.
12. Drawings, consisting of a cover sheet with sheets numbered 1
through 9, inclusive with each sheet bearing the following
general title:
STOCK ISLAND ROADS I
ROADWAY IMPROVEMENTS
Stock Island
Monroe County, Florida
13.
Addenda numbers 0
to 0
, 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
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.
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FORM OF AGREEMENT
00500-6
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
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.
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
7. Drawings (large scale detail drawings over smaller
scale general drawings)
4/24/97
FORM OF AGREEMENT
00500-7
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this
Agreement in quadruplicate. One counterpart eath has been delivered to
the OWNER, CONTRACTOR, COUNTY ENGINEER and COUNTY PURCHASING
DEP ARTMENT. 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 ----=:t) l~ ~O , 193J.
OWNER: Monroe County BOCC CONTRACTOR: The Brewer Co. of Florida,lnc.
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64~ County, Florida
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By 1/ ~ Walter R. Brewer
Address for giving notices:
Monroe County Public Works
Enqineerinq Department
5100 Colleqe Road
Key West, FL 33040
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AttestCtULiA- .
Assistant SecreLary
Address for giving notices:
The Brewer Co. of Florida, Inc.
10400 N.W. 121 Way
Miami, Florida 33178
END OF SECTION 00500
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4/24/97
00500-8
FORM OF AGREEMENT
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SECTION 00850
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We THE BREWER COMPANY OF FLORIDA, INC., as Principal
andFIDELITY & DEPOSIT COMPANY OF MARYLANPa corporation, as Surety, are
bound to MONROE COUNTY BOARD OF COUNTY COM., herein called Owner, In
TWO HUNDRED, FIFTY-ONE THOUSAND,
the sum of $ TWO HUNDRED. FORTY-FIVE AND FIFTY , for payment of which
CENTS
,
we bind ourselves, our heirs. personal representatives, successors, and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that jf Principal:
1. Performs the contract dated
between Principal and Owner for construction of
.19_.
STOCK ISLAND ROADS I
ROADWAY IMPROVEMENTS
stock Island
Monroe County, florida
the contract being made a part of this bond by reference, at the
times end in the manner prescribed In the contract; and
2. Promptly makes payments to 011 clairnants, 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
fees, including appellate proceedings, that Owner sustains because
of a default by PrincIpal under the contract; and
2/21/97
PUBLIC CONSTRUCTION BOND
00850-1
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4. Performs the guarantee of 011 work and materials furnished
under the contract for the time specified in the contract. then thIs
bond is void; oths/Wise 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 29.
. 19 97. /
THE BREWER ~~~tFLORIDA' INC.
,/ V Walter R. BreWN
(Name of Principal)
BY~
MATSd III (As At onley in Foel)
FLA. RES. AGENT
D. W.
FIDELITY & DEPOSIT COMPANY OF MARYLAND
(Name of Surety)
....*****.~*.*****...*
END OF SECTION 00850
2/21/97
PUBLIC CONSTRUCTION BOND
00850- 2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE. BALTIMORE. MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint D. W. Matson, III and John W. CharI ton,
both of Miami, Florida, EACH.............. ..................................
J S rue an aw agent and Attorney-in-Fact, to make, execute, d deliver <:) d on its behalf as surety, and as its act and deed:
any and all bonds and undertakings.... ~ . . . . .. . ~ ................................
ts, shall be as binding upon said Company, as fully and
By
r:retary
STATE OF MARYLAND
COUNTY OF BALTIMORE
On this__1.6~!!_day of~ov_em1,;ler__, A.D. 19...2.3., before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
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My Commission Expires_________.A!!m!.~Ll~___
CERTIF1CATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _2~_h
day oL_____.MAX______________, 19.3.1-.
L1428c -031-2074
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Assistant Secretary
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AJ~t.I'I..I GeJ:lIlEIIIIJlIIJlJtJIII1111J11 EDE>.. .......07208:
ISSUE DATE (MMJODIYY)
ON WORTH CROW INS GROUP
.0. BOX 141916
ORAL GABLES FL 33114-1916
................................................................. ...... 05 2 9 9 7
:rHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
COMPANY A MARYLAND CASUALTY
LETTER
COMPANY B PINNACLE ASSURANCE CORP.
INSURED LETTER
REWER COMPANY OF COMPANY C
LORIDA INC LETTER
0400 NW 121 WAY COMPANY D
IAMI, FL 33178 LEITER
COMPANY E
LEITER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICA IE MAY BE ISSUED OR MAY PERTAIN... THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POL....;IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
0 POLICY EFFEcnVE POLICY EXPIRAnON
TYPE OF INSURANCE POLICY NUMBER LIMITS
ATE (MMJODIYY) DATE (MMJODIYY)
GENERAL UABILlTY EPA27810390 1/01/97 1/01/98 GENERAl AGGREGATE $ 2 000 00
MMERCIAL GENERAl UABIUTY PRODUCTS-COMPIOP AGG. $ 2 000 00
lAIMS MADE [iJOCCUR. PERSONAl &ADV.INJURY $ 1 000 00
OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $ 1 000 00
FIRE DAMAGE (Anyone fire) $ 300 00
AUTOMATIC ADDIT MED.EXP. (Anyone person) $ 10 00
ECA24618788 1/01/98 COMBINED SINGLE
UMIT $ 1 000 00
BODILY INJURY
BY (per person) $
HIRED AlITOS BODILY INJURY
NON-OWNED AlITOS Om: {Per accidenll $
GARAGE L1ABIUTY
Wr..lVER: PROPERTY DAMAGE
$
EXCESS LIABILITY UB75339805
UMBRELlA FORM
OTHER THAN UMBRELlA FORM
WORKER'S CO~PENSAnON 407805101 1/01/97 01/01/98
AND 100
DISEASE-POLICY LIMIT 500
EMPLOYERS' UABILlTY
DISEASE-EACH EMPLOYEE 100
OTHEItVORKERS 407805101 1/01/97 1/01/98 APPLIES TO FLORIDA
COMPENSATION EMPLOYEES ONLY
DESCRIPnON OF OPERAnONS/LOCAnONSNEHICLES/SPECIAL ITEMS
E: STOCK ISLAND ROADS- CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED
N RESPECTS TO GENERAL LIABILITY ONLY
COUNTY OF MONROE
KEY WEST-ENGINEERING DEP
5100 COLLEGE ROAD
KEY WEST FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ....31L- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
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