04/08/1998 AgreementSECTION 00500
FORM OF AGREEMENT
This ac r ement is set forth as of the Fth day of L in the year of
/ �� between the OWNER who is THE BOARD OF COUNTY
COMMISSIONERS of Monroe County Florida; and the following
CONTRACTOR:
Name: Homestead Concrete and Drainage,
Inc.
Address: P.O. Box 1273
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Homestead, Florida 33090
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Phone: (305) 248-9649
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for the purpose of performing all of the Work required by the Con acf`'t
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Documents for the following PROJECT:
KEY LARGO ROADS XIII
ROADWAY IMPROVEMENTS
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
repeated herein. An enumeration of the Contract Documents
appears in Article 7.
3/10/98 FORM OF AGREEMENT 00500-1
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,
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
extensions of time allowed in accordance with the General
Conditions. They also recognize the delays, expense and difficulties
3/10/98 FORM OF AGREEMENT 00500-2
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 Forty Eight Thousand Eight Hundred Seventy Four Dollars
and Twenty Five Cents
$248.874.25
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
3/10/98 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.
3/10/98 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:
l . 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 14, 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.
11. Technical Specifications.
3/10/98 FORM OF AGREEMENT 00500-5
12. Drawings, consisting of a cover sheet with sheets numbered
through 10, inclusive with each sheet bearing the following
general title:
KEY LARGO ROADS XIII
ROADWAY IMPROVEMENTS
Key Largo
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.
3/10/98 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)
3/10/98 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 _�. , 191�5
,tSMOER: Monroe County BOCC CONTRACTOR: Homestead Concrete
and Drainage, Inc.
' Monroe County, FL Dade County
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Attest Uf
Address for giving notices:
By —70
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Address for giving notices:
Monroe County Public Works Homestead Concrete and Drainage, Inc.
Engineering Department P.O. Box 1273
5100 College Road Homestead, Florida 33090
Key West, FL 33040
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END OF SECTION 00500
APPROVED AS TO FORM
A ALW
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DATE~
3/10/98 FORM OF AGREEMENT 00500-8
SECTION 00850 Bond No. 159237710.
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We HOMESTEAD CONCRETE & DRAINAGE, INC., as Principal
National Fire Insurance
and Company of Hartford , a corporation, as Surety, are
The Board of County Commissioners
bound to of Monroe County, Florida herein called Owner, in
tiiZ sun i i of $ 248,874.25 pa-yi iei 1t of 'vii iici
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 , 19 ,
between Principal and Owner for construction of
KEY LARGO ROADS XIII
ROADWAY IMPROVEMENTS
Key Largo
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
fees, including appellate proceedings, that Owner sustains because
of a default by Principal under the contract; and
8/12/97 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 June 2,
19 98
Homestead Concrete
A Drainage, Inc.
fredo Coil-eroL President
(As Attorney in Fact)
Charles D. Nielson
National Fire Insurance
Company of Hartford
(Name cf Surety)
END OF SECTION 00850
8/12/97 PUBLIC CONSTRUCTION BOND 00850-2
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men B These Presents That CONTINENTAL CASUALTY COMPANY, an Illinois y corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affaed hereby make, constitute and appoint
Charles J. Nielson. Mary C. Aceves, Warren M. Alter, Charles D. Nielson. Brett Rosenhaus, Melinda Rosenhaus,
Kevin Wojtowicz, Individually
of Miami Lakes, Florida
their true and lawful Attomey(s)-in-Fad with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the ads of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 19th day of August , 1997 .
CONTINENTAL CASUALTY COMPANY
2cR�'Ty �nMrae NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
nnY n.
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1e97 � �Rn" � • � .
M.C. Vonnahme Group Vice President
State of Illinois, County of Cook, ss:
On this 19th day of August 1997 , before me personally e
M. C. Vonnahme , to me known, who, being by me duly swum, did depose and say: that he resides in the Village of Darien , State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which eimcuted the above instrument; that he
knows the seals of said corporations, that the seals affo ed to the said instrument are such corporate seals; that they were so affoced pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the ad and deed of said corporations.
I. Pr
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4+ NOTARY •
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CO. P�
My Commission Expires June 5, 2000 Eileen T. Pachuta Notary Public
CERTIFICATE
I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is
still in force, and further certify that the By -Law and Resclutim of trig Board of Directors of each corporation printed on the reverse hereof are still
in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 2nd day of June 1998YAWN .
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
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rest Nr� • 1
Robert E. Ayo Assistant Secretary
(Rev.7114/95)
Authorizing By -Laws and Resolutions
ADOPTED BY TAE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the folowing By -Law duly adopted by the Board of Directors
of the Company.
'Ardde Df-Exeeudon of Documents
Section 3. Appoinitrient of Attomeyin-fact The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time tiro time, appoint by written certificates amornsysin-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of Ike nature. Such atbmeys-in-fact, subject
to the limitations set forth in their respective certificates of authority, shall have Ad power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President
or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously
given to any attomey-in-fact
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of Febnmry, 190.
"Resolved, that the sigatmue of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of tho By -Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so ezexxubed
and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors
of the Company.
"Article VI —Execution of Obligatbns and Appokdnwnt of Aftorney4n-Fact
Section 2. Appointment of Attomey4n-fact The Cfai rnan of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from tune to time, appoint by written certificates attorneys-irrfact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -km -fact, subject to the limitations
set forth in their respective certificates of authority, shag have fug power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority ply given to any attorney4n4act"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopbd by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or arry Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -taws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affoaed by facsimile to any certificate of any such power and any
power or certificate bearing such facsimile signature and seal shad be valid and binding on the Company. Any such power so executed and
sealed and certified by certificate so executed and sealed shag, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993
by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time
to time, appoint, by written certificates, Attorneys -in -Fad to act in behalf of the Corporation in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of Ike nature. Such Attorney -in -Fact, subject to the Imitations set forth in their respective
certificates of authority, shad have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto. The President, an Executive Vice PrminNwrt, any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attor%'y-irrFact'
This Power of Attorney is signed and sealed by facsimile under and by the authority of the fowwing Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held an the 17th day of Pebruary, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resekition adopted by this Board of Directors on
February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to
any certificate of any such power, and any power or certificate bearing such facsi nde signature and seal shall be valid and binding on the
Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shad with respect to any bond or
undertaking to which it is attached, continue to be valid and binding or: the Cordon_"
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