Resolution 146-1979
RESOLUTION NO.
146-1979
RESOLUTION AUTHORIZING THE CHAIRMAN TO
EXECUTE A CONTRACT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND CHARLEY TOPPINO
& SON, INC. FOR WORK TO BE COMPLETED ON
COUNTY ROAD 940, BIG PINE KEY, MONROE
COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, be authorized to execute a contract
between the Board of County Commissioners and Charley Toppino
& Son, Inc. for work to be completed on County Road 940, Big
Pine Key, Monroe County, Florida, a copy of said contract
being attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, this 17th day of July, 1979.
COMMISSIONERS
LORIDA
By
(Seal)
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APPROVED AS TO FORM
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Attorney's Office
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CONTRACT
THIS AGREEMENT made as of the 17th day of July
in the year 19 ~ by and between the Board of County Commissioners, Monroe County
Florida (hereinafter called OWNER) and
CHARLEY TOPPINO & SON, INC.
(hereinafter called CONTRACTOR)
WITNESSETH TlffiT OWNER AND CONTRACTOR in consideration of the mutual covenants
hereinafter set forth agree as followS:
Article 1. WORK. The CONTRACTOR shall perform all Work as specified or indicated
in the Contract Documents for the completion of the Project generally described as
follows:
CR-940
Big pine Key
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Article 2. ENGINEER. The Project has been designed by Reynolds, Smith and Hills,
Architects-Engineers-Planners, Incorporated, who will act as ENGINEER in connection
with completion of the Project in accordance with the Contract Documents.
Article 3. CONTRACT TLME. The Work will be completed within 180 days after the
date when the Contract Time commences to run as provided in paragraph 2.5 of the
General Conditions. The CONTRACTOR shall commence work within 10 calendar days after
receipt of Notice to Proceed.
Article 4. CONTRACT PRICE. Owner shall pay the CONTRACTOR for performance of the
Contract subject to additions and deductions provided in the Contract Documents as
follows: /
Based upon the unit prices shown in the proposal submitted to the OWNER by the
CONT~C~Op~ the aggregate amount of this Contract is Three Hundred Ten Thousand, Six
Dolla~s rC? 310,600.00 ).
, Article 5. APPLICATIONS FOR PAYMENT. CONTRACTOR shall submit Applications for
Payment in accordance with Article 14 of the General Conditions. The Applications
for Payment will indicate the amount of the Contractor's Fee then payable. Applications
for Payment will be reviewed by ENGINEER as provided in the General Conditions.
Article 6. PROGRESS AND FINAL PAYMENTS. OWNER shall 'make progress payments on
, the basis of CONTRACTOR'S Applications far Payment as approved by ENGINEER, on or about
30 days after receipt of the CONTRACTOR'S request for prog~ess payments.
6.1 Progress 'payments will be made:
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6.1.1 Prior to Substantial Completion, in an amount equal to:
90\ of the Work completed, and
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90% of material and equipment not incorporated in the Work but
delivered and suitably stored, less in each case the aggregate of pay-
ments previously made.
6.2 Upon final completion of the Work and settlement of all claims,
OWNER shall pay the remainder of the Contract Price.
Article 7. ACCOUNTING RECORDS, CONTRACTOR shall chesk all materials, equip-
ment and labor entering into the Work and shall keep such full and detailed
accounts as may be necessary for proper financial management under this Agree-
,ment, and the system shall be satisfactory to OWNER. OWNER shall be afforded
access to all CONTRACTOR'S rec?rds, books, correspondence, instructions, drawings,
receipts, vouchers, memoranda and similar data relating to the Cost of the Work.
Article B. CONTRACT DOCUMENTS. The Contract Documents which comprise the
contract between OWNER and CONTRACTOR are attached hereto and made a part hereto
and made a part hereof and consist of the following:
B.l Notice of Calling for Bids
8.~ Instruction to Bidders
B.3 Proposal including Exhibits
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8.4 This Agreement including Exhibits
B.5 General Conditions
B.6 Supplementary Conditions
8.7 Specifications
B.8 Addenda prior to execution of this Agreement
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8.9 Modifications after execution of this Agreement
8.10 Drawings listed below:
Sheet No.
Title
1
Title Sheet
2
Typical Sections & Details
3-9
Plan and Profile - Key Deer Boulevard
10-12
Plan and Profile - Watson Boulevard
13-21
Cross Sections - ~ey Deer Boulevard
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22-25
Cross Sections - Watson Boulevard
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Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of the
General Conditions shall have the meanings indicated in the General Conditions.
9.2 Neither OWNER nor CONTRACTOR shall, without the prior written con-
sent of the other, assign or sublet in whole or in part his interest under any
of the Contract Documents; and, specifically, CONTRACTOR shall not assign any
moneys due or to become due without the prior written consent of OWNER.'
9.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the Contract Documents.
9.4 The Contract Documents constitute the entire agreement between OWNER
and CONTRACTOR and may only be altered, amended or repealed by a duly executed
written instrument.
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IN WITNESS WHEREOF the parties
day and date first above written in
without proof or accounting for the
Contract.*
hereto have executed this Agreement on the
three (3) counterparts, each of which shall,
other counterparts, be deemed an original
Approved as to correctness of form:
BOARD OF COUNTY COMMISSIONERS
Monroe County
Party of th, .e~~irst;a;.t..
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By: L /, -[ ,,/c' /(2 ._------,
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Attorney for Monroe County, Florida
Don Schloeli35er
Chairman
Attest: / ) -:7
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Ralph W. White
County Clerk
Board of County Commissioners
Monroe County
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Signed, Sealed and Witnessed in the
presence of:
CHARLEY TOPPINO & SON, INC.
Party of the Second Part
By:
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Title
Attest:
(Seal)
(*) In the event that the Contractor is a Corporation, there shall be
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.
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