Resolution 038-1982RESOLUTION NO.38 -1982
RESOLUTION AUTHORIZING THE CHAIPUTIAN OF THE BOAI'.D OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A CONTRACT BY AND BETWEEN MONROE COUNTY,
FLORIDA, AND REDLAND CONSTRUCTION CO., INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a contract
by and between Monroe County, Florida, and Redland Construction
Co., Inc., a copy of same being attached hereto, for the purpose
of repairing Card Sound Road located in Monroe County, Florida.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 12th day of January, A.D. 1982.
erk
BOARD OF COUNTY COMMISSIONERS
OF 7,-,
COUNTY, FLORIDA
Mayor/Chairman Vy
APPROVED AS YO FORM
AAAEG4 SUfFAC
AMwnW* Office
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C', 0 N T R A C_T �a
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THIS AGREEMENT, made and entered into this 12th day of January ,
1982, A.D., by and between Monroe County, Florida, party of the first part
(hereinafter sometimes called the" "Owner"), and REMAND CONSTRUCTION
CO., INC. , party of the second part (hereinafter sometimes
called the "Contractor").
WITNESSETH: That the parties hereto, for the consideration hereinafter
set forth, mutually agree as follows:
ARTICLE 1 SCOPE OF THE. WORK
The Contractor shall furnish all labor, materials, equipment, machinery,
tools, apparatus, and transportation and perform all of the work shown on the
Drawings and described in the Specification entitled:
CARD SOUND ROAD REPAIRS
MONROE COUNTY, FLORIDA
as prepared by Post, Buckley, Schuh & Jernigan, Inc., acting as, and in the
Contract Documents entitled the Owner's Engineer, and shall do everything re-
quired by this Contract and the other Contract Documents.
ARTICLE 2 THE CONTRACT SUM
The Owner shall pay to the Contractor for the faithful performance of the
Contract, in lawful money of the United States, and subject to addition and
deductions as provided in the Contract Documents, as follows:
Based upon the price shown in the Proposal heretofore submitted to the
Owner by the Contractor, a copy of said Proposal being a part of these Con-
tract Documents, the aggregate amount of this Contract is the sum of
Fort -five Thousand Eight HundrDollars [ $ 4d 858.00 ] .
ARTICLE 3 COMMENCEMENT AND COMPLETION OF WORK
a. The Contractor shall. commence work within 10 calendar days
after receipt of Notice to Proceed.
b. The Contractor shall prosecute the wor1Y w th faithfulness and
diligence and shall complete the%%*`wp7rk not later tha 90 calendar days after
receipt. o L Notice to Proceed.ARTICLE 4 ')CONTRACTOR'S ACCEPTANCONDITIONS
The Contractor hereby agrees that h as carefully examined the surface
of the site and has made suf.ficie�tfleo_st holes, or other subsurface investiga-
tions to fully satisfy himsel / that such site is a correct and suitable one
for this work and he assume full responsibility therefor. The provisions of
this Contract shall conpirol any inconsistent provisions contained in the spec-
0
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ifications. All Drawings and Specifications have been read and carefully con-
sidered by the Contractor, who understands the same and agrees to their suffi-
ciency for the work to be done. ifft is expressly agreed that under no circum-
stances, conditions or situations shall this Contract be more strongly
construed against the Owner than against the Contractor and his Surety.
Any 'ambiguity or uncertainty in the Drawings or Specifications shall be
interpreted and construed by the Owner's Engineer and his decision shall be
final and binding upon all parties.
It is distinctly understood and agreed that the passing, approval and/or
acceptance of any part of the work or material by the Owner, his Engineer, or
by any agent or representative as in compliance with the terms of this Con-
tract and/or of the Drawings, and Specifications covering said work, shall not
operate as a waiver by the Owner of strict compliance with the terms of this
Contract, and/or the Drawings and Specifications covering said work; and the
Owner may require the Contractor and/or his surety to repair, replace, restore
and/or make to comply strictly and in all things with this Contract and the
Drawings and Specifications any and all of said work and/or materials which
within a period of one year from and after the date of the passing, approval,
and/or acceptance of any such work or material, are found to be defective or
to fail in any way to comply with this Contract or with the Drawings and Spec-
ifications. This provision shall not apply to materials or equipment normally
expected to deteriorate or wear out and become subject to normal repair and
replacement before their condition is discovered. The Contractor shall not be
required to do normal maintenance work under the guarantee provisions. Fail-
ure on the part of the Contractor and/or his Surety, immediately after Notice
to either, to repair or replace any such defective materials and workmanship
shall entitle the Owner, if it sees fit, to replace or repair the same and re-
cover the reasonable cost of such replacement and/or repair from the Contrac-
tor and/or his surety,' who shall in any event be jointly and severally liable
to the Owner for all damage, loss and expense caused to the Owner by reason of
the Contractor's breach of this Contract and/or his failure to comply strictly
and in all things with this Contract and with the Drawings and Specifications.
ARTICLE 5 LIQUIDATED DMAGES
a. It is mutually agreed that time is of the essence of this Con-
tract and should the Contractor fail to complete the work within the specified
time, or any authorized extension thereof, there shall be deducted from the
compensation otherwise to be paid to the Contractor, and the Owner will retain
the amount of One Hundred Dollars [$100.001 per calendar day as fixed, agreed,.
and liquidated damages for each calendar day elapsing beyond the specified
time for completion or any authorized extension thereof, which sum shall
represent the actual damages which the Owner_ will have sustained by failure of
the Contractor to complete the work within the specified time; it being
further agreed that said sum is not a penalty, but is the stipulated amount of
damages sustained by the Owner in the event of such default by the Contractor.
b. For the purposes of this Article, the day of final acceptance
of the work shall be considered a day of delay, and the scheduled day of com-
pletion of the work shall be considered a day scheduled for production.
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ARTICLE 6 PARTIAL AND FINAL PAYMENT'S
In accordance with the provisions frilly set forth in the General Condi-
tions, and subject to additionsand deductions as provided, the Owner shall
pay the Contractor as follows:
a. Within 30 days after receipt of the Contractor's request for
partial payment by the Owner, the Owner shall make partial payments to the
Contractor, on the basis of the estimate of work as approved by the Owner's
Engineer, for work performed during the preceding calendar month, less ten
percent [10%] of the amount of such estimate which is to be retained by the.
Owner until all work has been performed strictly in accordance with this
Agreement and until such work has been accepted by the Owner.
b. Upon submission by the Contractor of evidence satisfactory to
the Owner that all.payrol.ls, material bills and other costs incurred by the
Contractor in connection with the construction of the work have been paid in
full, and also, after all guarantees that may be required in the specifica-
tions have been furnished and are found acceptable by the Owner, final payment
on account of this Agreement shall be made within sixty [60] days after com-
pletion by the Contractor of all work covered by this Agreement and acceptance
of such work by the Owner.
ARTICLE 7 ADDITIONAL BOND
It is further mutually agreed between the parties hereto that if, at any
time after the execution of this Agreement and the Contract Bond hereto
attached for its faithful performance, the Owner shall. deem the surety or
sureties upon such bond to be unsatisfactory, or if, for any reason, such bond
ceases - to he adequate to cover the performance of the Work, the Contractor
shall, at his expense, and within three days after the receipt of Notice from
the Owner to do so, furnish an additional bond or bonds, in such form and
amount, and with such sureties as shall. be satisfactory to the Owner. In such
event, no further payment to the Contractor shall be deemed due under this
Agreement until such new or additional security for the faithful performance
of the work shall be furnished in manner and form satisfactory to the Owner.
ARTICLE 8 CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and at-
tached hereto, are as fully a part of this Contract as if herein repeated. An
enumeration of the Drawings accompanying these Contract Documents follows:
Sheet No. Title
1 Cover Sheet
2 Site Plan
3 Details
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IN WITNESS WHEREOF the parti.;es hereto have execut.e•d this Agreement on the
clay and date first above written in three (3] counterparts, each of which
shall, without proof or accounting for the other counterparts, be deemed an
original Contract.*
Approved as to correctness of form:
Attorney for Monroe County, 4a
Signed, Sealed and Witnessed in the
Board of County Commissioners
Monroe County, Florida
Party QE—, e First Part
By:
_-
Chairman
Attest: r,
v �-
9/ > [Seal]
Clerk of the Board of
County Comm' iao ers
RED -LAD _C STRUCTION CO,, INC: _
Part Hof t e econd Part
By:
fie � Y ;
Title
Attest:
---- < V f
[^] In the event that the Contractor is a Corporation, there shall±''be t
attached to each counterpart a certified copy of a resolution of the
Board of Directors of the Corporation, authorizing the officer who signs
the Contract to do so in its behalf.
( ] Two witnesses are required when Contractor is sole ownership or partner-
ship.
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' C E R T I F_.I C A T E
-------(Sample) —
STATE OF FLORIDA )
COUNTY OF )ss
I HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation under the laws of the
State of&.0#t _0A, held onZO,, 19$)ethe following resolution
was duly passed and adopted:
"R�j.SPOLVED, that _�.. 9° V /�L as
President of the corporation, be and he is
hereby authorized to execute the Contract dated
19J I,. between MONROE COUNTY, FLORIDA, and
this corporation, and that his execution thereof, attested
by the Secretary of the corporation and with corporate
seal affixed, shall be the official act and deed of this
corporation."
I further certify that said resolution is now in full force and effect.
IN WITNF,SS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation thi_so� S*Jday of , 19
Secretary
- END CONTRACT -
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