10/18/1995 AgreementSECTION 00500
FORM OF AGREEMENT
This agreement is set forth as of the 1B_r h day ofoctober in the year of
1995 between the OWNER who is THE BOARD OF COUNTY
COMMISSIONERS of Monroe County Florida; and the following CONTRACTOR:
�• I- . •-_
Address: 4850 N.W. 72nd Avenue
Miami, Florida 33166
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Phone: (305) 592-3480
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o forme purp ose of performing all of the Work required by the Contract
Dc uments-for the following PROJECT:
KEY LARGO ROADS XI
Key Largo
Monroe County, Florida
The Proiect 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 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,
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
10/10/95
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 Key Largo which includes
base widening, regrading roadway shoulders, leveling,
resurfacing, striping, sign relocation and new
installation and other related roadway construction as
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 ninety (90)
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
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
10/10/95 FORM OF AGREEMENT 00500-2
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 fif dollars ($50.00) 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:
Three Hundred Thirty Three Thousand
$ One Hundred Ten Dal 1 arG 20-/10n $ 313 011A 2A
(WORDS) (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.
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
remainder of the Contract Price, including release of retention, as
recommended by the COUNTY ENGINEER.
10/10/95 FORM OF AGREEMENT 00500-3
Article 6 - Contractor's Representations
In order to induce OWNER to enter into this Contract, CONTRACTOR
makes the following representations:
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.
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
10/10/95 FORM OF AGREEMENT 00500-4
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:
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).
8. Supplementary Insurance Documents (pages 1 to 10, incl.).
9. Special Conditions (pages 1-6, inclusive).
10. General Requirements - Measurement and Payment,
Application for Payment, Submittals, Progress Schedules,
Temporary Controls, Construction Cleaning, and Post -Bid
Substitutions.
11. Technical Specifications.
12. Drawings, consisting of a cover sheet and sheets numbered
1 through 17, inclusive with each sheet bearing the following
general title:
KEY LARGO ROADS XI
Key Largo
13. Addenda numbers o to o inclusive.
10/10/95 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 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
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
10/10/95 FORM OF AGREEMENT 00500-6
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)
10/10/95 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 oC'.40 er /0' , 19 Q.S.
OWNER: Monroe County BOCC
Monroe County, FL
B
vim'
Mayor
Shirley Freeman
Address for giving notices
CONTRACTOR: _u GO, iry
Address for giving notices
Monroe County Public Works G F/VE' ,Az~Lr 6:,rNC•
Engineering Department
5100 College Road 403 9"0 / K1, 7 2 AVE.
Key West, FL 33040
(SEAL) A4 PL. 7316 6
ATTEST: DANNY L. KOLHAGE, CLERK
BY %a*M C IC�'�Q�ILGt.OJ
DEPUTY CLERK ****************
END OF SECTION 00500
APPROW-D A;
t
10/10/95 FORM OF AGREEMENT 00500-8
SECTION 00850
PUBLIC CONSTRUCTION BOND BOND NO: 307832
STATE OF FLORIDA)
ss
COUNTY OF DADE)
KNOW ALL MEN BY THESE PRESENTS that General Asphalt Company, Inc, as
Principal, hereinafter called Contractor, and Seaboard Surety Company
as Surety, hereinafter called Surety are held and firmly bound unto Monroe
County, Florida as Obligee, hereinafter called Owner, in the amount of
Three Hundred Thirty Three Thousand One Hundred Ten and 20/100--Dollars
($333,110,20------- for the payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
, entered into a Contract with the Owner for:
KEY LARGO ROADS XI
Key Largo s
Monroe County, Florida
in accordance with the Drawings and Specifications which Contract is by
reference made a part hereof and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the
Principal shall in all respects promptly and faithfully perform and comply with the
terms and conditions of said Contract and his obligations thereunder and shall
indemnify the Owner and save them harmless against and from all costs,
expenses and damages arising from the performance of said Contract or the
repair of any work thereunder, then this obligation shall be void, otherwise, this
Bond shall remain in full force and effect, in accordance with the following terms
and conditions:
A. The Principal and Surety jointly and severally agree to pay the Owner
any difference between the sum to which the said Principal would
be entitled on the completion of the Contract, and that sum which
06/28/95 PUBLIC CONSTRUCTION BOND 00850-1
'the Owner may be obliged to pay for the completion of said work by
Contract or otherwise, and any damages, direct or indirect or
consequential, which the said Owner may sustain on account of
such work,. or on account of the failure of said Contractor to properly
and in all things, keep and execute all of the provisions of said
Contract.
B. And this Bond shall remain in full force and effect for a period of one
(1). year from the date of acceptance of the project by the Owner
and shall provide that the Contractor guarantees to repair or replace
for said period of one (1) year all work performed and materials and
-equipment furnished that were not performed or furnished according
to- the terms of the Contract, and shall make good, defects thereof
which have become apparent before the expiration of said period
of one (1) year. If any part of the project, in the judgement of the
Owner, for the reasons above stated needs to be replaced, repaired
or made good during that time, the Owner shall so notify the
Contractor in writing. If the Contractor refuses or neglects to do such
work within five (5) days from the date of service of such Notice, the
Owner shall have the work done by others and the cost thereof shall
be paid by the Contractor or his Surety.
C. And the said Surely, for value received hereby stipulates and agrees
that *no change, extension of time, alteration or addition to the terms
of the Contract or to the work to be performed thereunder or the
Specifications accompanying the some shall in any wise affect its
obligations on this bond, and it does hereby waive Notice of any
change, extension of time, alteration
yor addition to the terms of the
Contract or to the work or to the Specifications.
D. The Surety represents and warrants to the Owner that they have
a Best's Key Rating Guide General Policyhoder's Rating of " A+
It
and Financial Category of "Class v i i 111
IN WITNESS. WHEREOF, the above bounded parties have executed this instrument
under their several seals, this 29th day of November , 1995 , A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative, pursuant to authority of its
governing body.
WITNESSES: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
PRINCIPAL:
06/28/95 PUBLIC CONSTRUCTION BOND 00850-2
W ITN ESSES:
WITNESS:
(affix
Signature of :Authhoni ed Officer seal)
GENERAL ASPT CO N INC.
Name of
(affix
Si ature of Aut Officer sea-j
Title
4850 N.W. 72nd Avenue
Business Address
Miami, Florida 33166
City State Zip
SURETY:
SEABOARD RETY COMPA Y '
Cor te,S 'rety
�- (affix
(tit - ney-inact deal) FRA KL I N E. WHEELER
an Licensed Florida Resident Agent**
2660 Lake Lucien Drive, Suite 225
Business Address
Maitland, Florida 32751-7234
City State Zip
Seitlin & Company
Name of Local Insurance Agency
--Phone No. (305) 591-0090
U6/28/95 PUBLIC CONSTRUCTION BOND 00850-3
1
CERTIFICATES AS TO CORPORATE PRINCIPAL
A S,
I, y=t5 S i M,psoN, certify that I am thrSecretary
of the Corporation named as Principal in the within bond; that
lRozzar A Lopez who signed the said bond on behalf
of the Principal, was then _F_0j S1D l!ALr of said Corporation;
that I: know his signature, and his signature hereto is genuine; and
that said bond was duly signed, sealed, and attested for and in
behalf of said Corporation by authority of its gover g body.
(Corporate Secretary)
SEA. A-&r
STATE OF FLORIDA )
W
COUNTY OF DADE )
Before me, a Notary Public, duly commissioned, qualified and acting,
personally appeared Franklin E. Wheeler to me well known, who
being by. me first duly sworn upon oath, says that he is the
Attorney -in -Fact, for the Seaboard Surety Company
and that he has been authorized by Seaboard Surety Company to
execute the fYoregoing bond on behalf of the Contractor named therein
in favor of the Board of County Commissioners, Monroe County, Florida
Subscribed and sworn to before this�9�fay of November ,1995 , A.D.
(Attach Power of Attorney) (,( .
Notary Public
State of Florida -at -Large
OFFICIAL NOTARY SEAL
My Commission MAURA A SHEESLEY
1 WSIJ1;1 1C STATE OF FLORID
COMMISSION NO. CC349086
MY COMMISSION EXP. MAR. 12,1998
END OF SECTION 00110
Pt7nt, type or stalrP Uame of Nct —
Personally knot111R PtV,,�.jc I.B.
Type and number of I.B. Produced:
06/28/95 PUBLIC CONSTRUCTION BOND 00850-4
TOTAL P.05
of Attomy derk. Please ►'efer to the Power
k. Dial 212-627-5444
Certificate of Insurance
•THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. 'THIS CERTIFICA1 E IS NOT
AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
�
Tnt is to Certify that
GENERAL ASPHALT COMPANY, INC./US ASPHALT, INC.
4850 NW 72ND AVENUE Name and LIBERTY -
MIAMI, FL., 33166 '— address of
Insured. MUTUAL,
Is, at the issue date of this certificate, insured by the Company under the policy(ies) fisted below. The insurance afforded by fhe listed pof�y(tes) Is subiect to all their
t exclusions and conditions and is not altered by any requirement term or condition of any contract or other document with respect to which this CeMicate may be
issued
EXP. DATE
• ❑ CONTINUOUS
TYPE OF POLICY
❑ EXTENDED
POLICY NUMBER
LIMIT OF LIABILITY
® POLICY TERM
WORKERS
COMPENSATION
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
EMPLOYERS LIABILITY
Bodily Injury By Accident
01 /01 /97
APPROVED BY RISK
WC2-151-410483-276
ANAGEMENti
FL
$500,000 Each
Accident
Bodily Injury By Disease
$500,000 Policy
Limit
BY..�9e=
Bodily Injury By Disease
a 9— �—S
$500,000 Each
Person
GENERAL
VRILGeneral
Aggregate - Other than Products/Completed Operations
LIABILITY
WAIVER: N/A
YES
$2,000,000
® OCCURRENCE
01/01/97
TB7-151-410483-196
Products/Complelled Operations Aggregate
$1,000,000
❑ CLAIMS MADE
Bodily Iniury and Property Damage Liability
Per
$1.000,000 Occurrence
RETRO DATE
Personal and Advertising Injury
Per Persory
$1,000,000 Organization
Otiter RRE LEGAL
Otiter MED PAY
$50'000
$5,000
AUTOMOBILE
Each Acp�t- Single Limit
it
$1,000,000 B.I. and P.D. Combined
Each Person
® OWNED
® NON -OWNED
01 /01 /97
AS2-151-410483-186
Received Each Accident arOccurrence
Ris
_
Each Accident or Occurrence
y —
® HIRED
DATL -
OTHER
INITIA
"
ADDITIONAL COMMENTS
CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH RESPECTS TO LIABILITY COVERAGE
RE: KEY LARGO ROAD 9
If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the
SPECIAL NOTICE -OHO: ANY PERSON WHO. WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INS
AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE
THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED
UNDER THE ABOVE POLICIES UNTIL AT LEAST 3D DAYS /
NOTICE OF Sl1FHLANCELLATION HAS BEEN MAILED TO: —
tTE I MONROE COUNTY - BOARD OF COMMISSIOINERS
HOLDER 5100 COLLEGE ROAD
KEY WEST FL 33040
I
MIAMI 554
expiration date. ' %
Group
3 R. FIEF
REPRESENTATIVE
(305) 226.4884......... t*95
OFFICE PHONE NUMBER DATE ISSUED
him rrriiir.+lr r c��tiutid be I.IBFI' fY MU1 ❑:AI_GRl)�'f' a� m,hrrL sorb imur.ircc a� i� arh.nlc�i hr I'h.x�• C-ompanirs liti it l