04/06/1983 Agreement
, ", !~~....oIt,-.-..~...,~,~~,.~". .,.~'j;.-..tl\r.-,H~~4W';-fl"IW.'''''''''''
;.oli,,;I4;~~"W~v...~ 1~~.'__Jl""it'''''nJI.'1W'lI'LJ lll"U~R '.'1....... ill,...... III r 1l1UI
~alpq ~. ~qitt
-,
BRANCH OFFICI~
)117 OVERSEAS HIGHWAY
MARA'fHON, FLO.RIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
16TH JUDICIAL CIRCUIT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
REC()RDER
COLLECTOR OF D,ELINQUENT TAXES
COUNTY CLERK
COUNTY AUDITOR
~-..........---.-----.-.~
M E M 0 RAN 0 U M
To: Luci~n Proby. County Attorney
From: Ralph W. White. Cler~_
Subject: Agreement - Sr. Citizens Center. Marathon. Florida
Date: Ju ly 21 t 1983
.
We are in receipt of a Standard Form Agreement between the
County and Cor4l Construction Company for the Senior Citizeris
Center Project in Marathon from Mr. Lewin this date.
Please review and advise if the agreement is properly executed
and if so please affix your stamp and signature indicating so.
Ralph W. White
Clerk
by
Deputy Clerk
RWW/vp
cc: file
Enclosure
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of paynlent is a
STIPULA TED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORT ANT LEGAL CONSEQUENCES; CONSUL TAT/ON WITH
AN ATTORNEY IS ENCOURACED VvlTH RESPECT TO ITS COA1PLETION OR A10DIFICATJON
Use only with the 1976 Edition of AlA Document A201, General Conditions of the Contract for Construction.
This docurnent has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the 6th
Hundred and Eighty-three
day of
April
in the year of Nineteen
BETWEEN the Owner: COUNTY OF MONROE, FLORIDA
and the Contractor: CORAL CONSTRUCTION COMPANY
The Project: Senior Citizens Building, Marathon, Florida
The Architect: Hereinafter referred to as Monroe County Engineer
The Owner and the Contractor agree as set forth be/ow.
i r'
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, @ 1977 by the American Institute of Architects, 1735 New
. York Avenue, N.W., Washing.ton, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions
without permissi"on of the AlA violates the copyright laws of the United States and will be subject to legal prosecution.
AlA DOCUMENT A10l · OWNER.CONTRACTOR AGRE Etv1ENT · ELEVENTH EDITION · JUNE -1977 · AIA~
@1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
A101-1977 1
I !
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe-
cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this
Agreement or 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
(Here insert the c~ption descriptive of the Work as used on other Contract DocumenU.)
The construction of a Senior Citizens Center at Marathon Florida,
including electric hookup and septic tank and providing ~ performance
bond.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced
day of April, 1983
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than
day of June, 1983
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
No liquidated damages shall apply to this contract.
, AlA DOCUMENT Al0l · OWNER-CONTRACTOR AGREEtv1ENT · ELEVENTH EDITION · JUNE 1977 · AIA~
: @1977 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE\V YORK AVE., N.Vv., WASHINGTON, D. C. 20006
A101-1977 2
ARTICLE 4
CONTRACT SUM
The Owner shalf pay the Contractor in current funds for the performance of the Work, subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of
The Contract Sum is determined as follows:
(Stilte here rhe base bid or other Jump sum amount, Jccepted alternates, and unit prices, as applicable.)
The total lump sum contract price for all work is $79,096.50.
ARTICLE 5
PROGRESS PAYMENTS
to the Contractor as pro-
day of the month as follows:
Not later than Ilowing the end of the period covered by the Applicc1tion for Payrnent
percent ( (~~)) of the portl Contract Sum properly allocable to labor, fnaterials and
e qui p rn e n tin cor p 0 rat e din the \.tV 0 r k and e r C en t ( (~<)) 0 f the po r t ion 0 f the Con t r c1 c t
Sum properly allocJble to nlJteriJls and equipment suitably stored c1t 1 e _' at ~orne other location agreed upon
j n Vv r i tin g, (0 r the per i 0 d co v ere d by the A p pi i cat ion for P J Y men t, Ie 5 S the a g g re ga t e . us P J Y nl e n t 5 nl a deb y the
'Owner; Jnd upon Substantial Completion of the entire Work, a SUITI sufficient to increase the rnents to
per c en t ( ~Ic)) 0 f the Con t r act 5 u m, Ie 5 5 5 U C ham 0 u n t 5 as the Arc hit e c t s h it II de t e r
(II not covered elsewhere in rhe Contract Documents, here insert any provision lor limiting or reducing the amount retained after the Work reaches a certain
stage of completion.)
The Owner shall make payments on account of the contract upon requisition by the
Contractor. All construction is to stop when payment is due and resume after
payment has been made as follows:
$19,097.50 upon completion of floor beams
$20,000.00 upon completion of tie beam
$20,DOO.00 upon completion of roof
$20,000.00 upon final completion of contract and Certificate of Occupancy
by Building Department. Owner shall not occupy building until final payment has
been made.
I . "" "" "" I
t . I t lJ
, f l '
entered below, or in the absence t
r
(
(Usury laws and requirements under the Federal Truth in Lending Act, similar SIdle and local consumer credit laws Jnd other regulations at the O\vner'.,
and Contractor's principal plJces of business, the location of the Project and elsewhere may aHecl the VJ/idity of chis provision. Specific legal ad\'ice should
1be ~btairted with' respect to deletion, modificJtion, or other requirements such .15 wrlUen disclosures or wJi\'efS
!AL~ DOCUMENT A 101 · OWNER-CONTRACTOR AGRE Uv\ENT · ELEVENTH EDITION · JUNE 1977 · AIA~
:@1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE\V YORK AVE., N.W., WASHINGTON, D. C. 20006
A101..1977 3
ARTICLE 6
FINAL PAYMENT
Final completion shall be upon completion of the work, provided the contract be
then fully performed, subject to the provisions of Article 7 paragraph G. This
contract includes this agreement and the plans. The intent of these documents
is to include all labor, materials and services necessary for the proper execu-
tion of the work, and terms and conditions thereof.
ARTICLE 7
MISCELLANEOUS PROVISIONS
A. MATERIAL AND EMPLOYEES:
Except as otherwise noted, the Contractor shall pay for all materials, tools and
other items necessary to complete the work. Owner shall furnish water and
electricity. Unless otherwise specified, all materials shall be new on the site,
and both materials and workmanship shall be of good quality and shall be so
guaranteed for one year from date of completion.
B. SURVEYS AND REGULATIONS:
The Owner shall provide an adequate survey of the property. The Contractor shall
comply with all laws and regulations bearing on the conduct of the work.
C. PROTECTION OF WORK, PROPERTY AND PERSONS:
The Contractor shall adequately protect the work, adjacent property and the public
and shall be responsible for any damage or injury due to his act or neglect.
D. INSPECTION OF THE WORK:
The Contractor shall permit and facilitate inspection of the work by the Owner
and public authorities during reasonable hours.
E. CHANGES IN THE WORK:
The Owner may order changes in the work, the contract sum being adjusted accordingly,
on the basis of double the workmen's salary and 10% above cost of subcontractors
and materials unless otherwise agreed upon prior to work. Payment for said work
is to be made with the next following payment on account. Changes shall be in
writing and signed by the Owner and the Contractor.
F. CONTRACTOR'S LIABILITY INSURANCE:
The Contractor shall maintain such insurance as will protect him from claims under
Workmen's Compensation Acts and from any other claims for damages for personal
injury, including death, which may arise from operations under this contract. Cer-
tificates of such insurance shall be filed with the Owner if he so requests.
G. AFFIDAVIT:
The Contractor shall notify the Owner of the identity and functions of any and
all subcontractors he employs, and shall obtain releases of lien from said
subcontractors after their functions have been completed. The final payment
shall not be due until the Contractor has delivered to the Owner and affidavit,
that as of the date of this affidavit such work has been completed and that all
bills therefor, including the claims of laborers, have been paid in full.
H. OWNER'S LIABILITY INSURANCE:
The Owner shall be responsible for and at his option may maintain such insurance
as will protect him from his contingent liability for damages for personal injury,
including death, which may arise from operations under this contract.
I. ARBITRATION:
Any disagreement arising out of this contract or for the breach thereof, shall
be submitted to arbitration and this agreement shall be specifically enforceable
under the prevailing arbitration law and judgment upon the award rendered may be
entered in the highest court in the forum, state or federal, having jurisdiction.
It is mutually agreed that the decision of the arbitrators shall be a condition
precedent to any right of legal action that either party may have against the
other.
At the written request of either party, at a time prior to the complete appoint-
ment of arbitrators or in the event of any default or lapse in the proceedings,
the abritration shall be held under the Commercial Rules of the American Arbitra-
tion Association.
J. CLEANING UP:
The Contractor shall keep the premises free from accumulation of waste materials
and rubbish and at the completion fo the work he shall remove from the premises
all rubbish, implements and surplus materials and leave the building broom clean.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Con tractor \vhen the \,york has been completed, the Con tract f LJ IIy performed, and a fi nal Certi fica te for Payment has
heen issued by the Architect.
See attached sheet.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(List below the Agreement, the Conditions 01 the Contract (General, SuppJemcn (Jry, and other Conditions), the Drawings, the SpecificJtions, and any Addenda
and accepted .1IternJtes, showing page or sheet numbers in all cases and dJtes where Jpp/icable.}
See attached sheet.
{iij #a/~,
ij-----
!
-..------------------..-.--.- - -- ----_._--------------_._-_..--~
, AlA DOCUMENT A10l · O\tVNER-CONTRACTOR ACREL\\b'< r · LLL\'[NTH EDfTION · JUNE '1~77 · Alt\~
@1977 · THE AMERICAN INSTITUTE OF ARCHITECTS. 173) ~H\V '; ~)K" :\\'f., N.vV., VVASHINCfON, D. C. 2000()
Al01-1977 4