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11/12/1996 Agreement ' r t„ SECTION 00500 FORM OF AGREEMENT This agreement is set forth as of the /L th day of7) in the year of 1996 between the OWNER who is THE BOARD OF COUNTY COMMISSIONERS of Monroe County Florida; and the following CONTRACTOR: Name: Pavex Corporation Address: 2501 N.W. 48th Street Pompano Beach, Florida 33073 Phone: J954) 428 -8712 H for the purpose of performing all of the Work required by the Contract Documents for the following PROJECT: c iw LITTLE TORCH KEY ROADS II ° ROADWAY IMPROVEMENTS Little Torch Key and Middle Torch Key Monroe County, Florida The Project has been designed 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 10/24/96 FORM OF AGREEMENT 00500 -1 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. 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 Little Torch Key and Middle Torch Key which includes base widening, regrading roadway shoulders, regrading roadway shoulders, leveling, resurfacing, striping, installing reflectors, sign relocation and new installation, replacing guardrail posts, removing excess asphalt and concrete, and relocating /removing landscaping, 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. 10/24/96 FORM OF AGREEMENT 00500 -2 The OWNER and the CONTRACTOR recognize that time is of the essence in this Contract & that the OWNER will suffer financial Toss 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 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 amoun.t subject to unit price actual quantity variations: $ Five Hundred and Seventy Thousand Nine Hundred and Seventy Six Dollars and 80/100 $ 570,976.80 (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. 10/24/96 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 10/24/96 FORM OF AGREEMENT 00500 -4 • 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 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 31, inclusive). 7. Supplementary Conditions (pages 1 to 2, inclusive). 8. Supplementary Insurance Documents (pages 1 to 11, incl.). 9. Special Conditions (pages 1 to 7, inclusive). 10. General Requirements - Measurement and Payment, 10/24/96 FORM OF AGREEMENT 00500 -5 Application for Payment, Submittals, Temporary Controls, Construction Cleaning, and Post -Bid Substitutions. 11. Technical Specifications. 12. Drawings, consisting of a cover sheet with sheets numbered 1 through 16, inclusive with each sheet bearing the following general title: LITTLE TORCH KEY ROADS 11 ROADWAY IMPROVEMENTS Little Torch Key and Middle Torch Key Monroe County, Florida 13. Addenda numbers 0 to 1 , 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. 10/24/96 FORM OF AGREEMENT 00500 -6 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 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) 10/24/96 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 N0 v, / 2 , 19 94 OWNER: Monroe County BOCC CONTRACTOR: PAVEX CORPORATION 25u1 N.w. Stith street Pomp0no Beach, FL. 33073 Monroe County, FL 7 . AA A / CNA /RAM A) D= Clerk Attest ildfroute) Attest Address for giving notices Address for giving notices Monroe County Public Works Engineering Department 5100 College Road Key West, FL 33040 " . i.., o "$'_,‘.8, 2 .3 `- b , '-r f END OF SECTION 00500 . , O _,,.. `; (SEAL) ATTEST: DANN L OLHAGE, CLERK APPROVED AS TO FORM AN►s. • SU BY . DEP CLERK DATE BY ` ?� /!� ROB RT N WOL / ..- Alp T � 10/24/96 FORM OF AGREEMENT 00500 -8 4 A 4 ;111x1 CERTIFICATE OF INSURANCE CSR RH DATEIMM /DD/TY) PAVC001 03 18 96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION George H. Friedlander Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 2466 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1566 Kanawha Blvd. E. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Charleston WV 25311 COMPANIES AFFORDING COVERAGE FRIEDLANDER COMPANY COMPANY 304 - 342 -6174 • 1- A St. Paul Fire & Marine INSURED ...._._- - - - -- , COMPANY B COMPANY Pavex Corporation C 2501 N.W. 48th St. COMPANY Pompano Beach FL 33073 D COVERAGES 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 CERTIFICATE 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UMITS LTR DATE (MM /DD/YYI DATE (MM /DD/YYI GENERAL UABIUTY GENERAL AGGREGATE $ 2,000,000 A X t COMMERCIAL GENERAL LIABILITY , KK01200279 04/01/96 04/01/97 PRODUCTS - COMP /OP AGG $ 2,000,000 El CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 f FIRE DAMAGE (Any one fire) $ 50,000 ■ MED EXP (Any one person) $ 5,000 AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1,000,000 A Ell ANY AUTO KK01200279 04/01/96 04/01/97 ■ ALL OWNED AUTOS BODILY INJURY $ ■ SCHEDULED AUTOS (Per person) X HIRED AUTOS ,, X N ON -OWNED AUTOS APPPO' FQ By RISK' !P; \NE(;FptNT BODILY INJURY / leer accident) ` t FY - PROPERTY DAMAGE 4 GARAGE UABIUTY P*' 7 _ AUTO ONLY - EA ACCIDENT $ ■ ANY AUTO OTHER THAN AUTO ONLY: ■— , O A' ,) vC-C - — - EACH ACCIDENT $ AGGREGATE $ EXCESS UABIUTY EACH OCCURRENCE $ 10,000,000 UMBRELLA FORM 534XD3033 04/01/96 04/01/97 AGGREGATE $ 10,000,000 ■ OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND ■ STATUTORY LIMITS EMPLOYERS' UABIUTY EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ r g INCL WVK1200062 04/01/96 04/01/97 DISEASE - POLICY LIMIT $ 1,000,000 PARTNERS /EXECUTIVE - -- OFFICERS ARE EXCL DISEASE - EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS Little Torch Key II Road Improvements - The Certificate Holder is an Additional Insured per the attached endorsement CERTIFICATE HOLDER CANCELLATION Board of Commissioners Monroe BLAN001 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE County EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Engineering Department 5100 College Road BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABIUTY Key West, Florida 33040 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHO DR PRESENTATI E • 0 . is •, ACORD 25 - (3/93) 0 ACORD r CORPORATION 1993 ' OWNER OR CONTRACTOR ENDORSEMENT— �Su� ADDITIONAL PROTECTED PERSONS This endorsement changes your Commercial General Liability Protection. How Coverage Is Changed We explain what we mean by your work in the • Products and completed work total limit The following is added to the Who Is Protected section. Under This Agreement section. This change adds certain protected persons and limits their protection. Other Terms Owner or contractor The person or organization All other terms of your policy remain the same. shown in the Coverage Summary as an owner or contractor is a protected person. But only for covered injury or damage that results from your work for them. Owner or Contractor -- Additional Protected Persons Person or Organization As An Owner or Contractor Any person or organization which, by written contract and prior to loss, requires adc1; ti onal insured status. Additional Insured: Board of Commissioners of Monroe County 43900 Ed.11 -86 Printed in U.S.A. Endorsement to Commercial General Liability ©St.Paul Fire and Marine Insurance Co.1986 Page 1 of 1 SECTION 00850 PUBLIC CONSTRUCTION BOND • BY THIS BOND, We Pr',° E; C3RPORATIQN , as Principal UNITED STATES FIDELITY and GUARANI.X ,COMPANY , a corporation, as Surety, are Q bound to _ , herein called Owner, in the sum of $ .5 976. S° , for payment of which 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 LITTLE TORCH KEY ROADS II ROADWAY IMPROVEMENTS Lithe Torch Key and Middle Torch Key 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 claimannts, 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 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. 9/9/96 PUBLIC CONSTRUCTION BOND 00850 -1 Any changes in or under the contract documents and compliance or noncompliance with any formalifies connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON "j`e'1 7 , 19 . PA` fX CORPORATION (Name of Principal) CeS4 (As Attorney in Fact) .UNITED STATES FIDELITY AND GUARANTY COMPANY (N• e .ur t ) av, .41 tet * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 00850 9/9/96 PUBLIC CONSTRUCTION BOND 00850 -2 . - ' 1427926 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY U S ' NO. 106669 ��v KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland does hereby constitute and appoint George H. Friedlander of the City of Stuart , State of Florida its true and lawful Attorney(s)-in-Fact, each in their separate capacity if mote than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 2 9th day of January , A.D. 19 9 3 . UNITED STATES FIDELITY AND GUARANTY COMPANY � (Signed) By SP Senior Vice President i b. (Signed) By % distant Secretary STATE OF MARYLAND) t SS: BALTIMORE CITY ) } i i On this 29thday January ,A.D.19 3fore mepeonally' J. Lamendola Senior Vice President of the UNITED STATES FIDELITY AND r+ COMPANY \\ Paul D. ,, ims , Assistant Secretary of said Company, with both of whom I am person inted, who being a verally duly sw. „ r that they the said Robert J. Lamendola and Paul D. e i > were respective0 nor Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUA' , COMPANY, the& njt\ i on described i executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that that' xed to said Poiel r' ttorney was suchc seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed tbeir n thereto by like' ie? aas Senior Vice P kg' Ihd Assistant Secretary, respectively, of the Company. My Commission expires the llth day in C "A • 9 95 �,' ' yi . i (Signed) O. { ... .... iatil,t1 4 . )1 NOTARY PUBLIC This Power of Attorney is granted under and ty of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septembe 2 , 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s )-in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)- in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s )-in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Paul D. S ims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. I, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power f Attorney is in full force and effect and has not been revoked. In Te tti� ray Whereof, I have hereunto set my hand and the seal of t ITE STATES FIDELITY AND GUARANTY COMPANY on this 7 day of A oti , 1990. ./ ; a Assistant Secretary oc ® ' 1 11 Allii FS 3 (10-92) •