Resolution 190-1979
RESOLUTION NO.190 -1979
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE A CONTRACT BY AND BETWEEN THE BOARD
OF COUNTY COMMMISSIONERS OF MONROE COUNTY,
FLORIDA, AND CHARLEY TOPPINO & SONS, INC. (KEY
HAVEN ROAD - RACCOON KEY).
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 the Board of County Commissioners
of Monroe County, Florida, and Charley Toppino & Sons, Inc.,
a copy of same being attached hereto, for Key Haven Road
Project - Raccoon Key.
Passed and adopted at a regular meeting of the Board of
County Commissioners of Monroe County, Florida, held on the
28th day of August, 1979.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C UNTY, FLORIDA
By
(Seal)
~.....", ........,.' .~,-,,, ."'~ ..=-,....~ 40.,.....,..
At tes 1;~'/
..f"
AMICMtJ. JO",.,
ANt) UGAL 1UWlC1ENC'r.
BY ___._21-#$;1
!'.ttamey.s Office
APfRO'IED ON_
,
~'I
. ~..:\ '
~'~_LJ ~1'-'
~
l
-q'
pocK -
2-7-~
'"'\
CONTRACT
THIS AGREEMENT made as of the day of
in the year 19 ___ by and between the Board of County Commissioners, Monroe County
Florida (hereinafter called OWNER) and
CHARLEY TOPPINO & SONS, INC.
(hereinafter called CONTRACTOR)
WITNESSETII THAT OWNER AND CONTRACTOR in consideration of the mutual covenants
hereinafter set forth agree as follows:
Article 1. WORK. The CONTRACTOR shall perform all Work as specified or indicated
in the Contract Documents for the completion of the Project generally described as
follows:
Key Haven Road
Raccoon Key, Florida
Article 2. ENGINEER. The Project has been designed by Reynolds, Smith and Hills,
Architects-Engineers-Planners, Incorporated, who will act as ENGINEER in connection
~ with completion of the Project in accordance with the Contract Documents.
Article 3. CONTRACT TIME. The Work will be completed within 120 days after the
date when the Contract Time con~ences to run as provided in paragraph 2.5 of the
General Conditio~s. The CONTRACTOR shall commence work within 10 calendar days after
receipt of Notic~ to Proceed.
Article 4. CONTRACT PRICE. Owner shall pay the CONTRACTOR for performance of the
Contract subject to additions and deductions provided in the Contract Documents as
follows:
Based upon the unit prices shown in
CONTRACTOR, the aggregate amount of this
Dollars ($ 228,580.00 ) .
the proposal submitted to the OWNER by the
Contract is Two Htmdred'Tweng-eight Thousand
Five Huncb;:ed Eighty and 00/100
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. Application~
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 for Payment as approved by ENGINEER, on or about
30 days after receipt of the CONTRACTOR'S request for progress payments.
6.1 Progress payments will be made:
~
6.1.1 Prior to Substantial Completion, in an amount equal to:
90% of the Work completed, and
C-l
2- 2-c;
"
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 REC:ORDS, CONTRACTOR shall che-:::k all materials, equip-
ment and labor entering into the Work and shall keep such full and detailed
account~ 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 records, books, correspondence, instructions, drawings,
receipts, vouchers, memoranda and similar data relating to the Cost of the Work.
Article 8. 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:
8.1 Notice of Calling for Bids
8.2 Instruction to Bidders
8.3 Proposal including Exhibits
8.4 This Agreement including Exhibits
'~
8.5 General Conditions
8.6 Supplementary Conditions
8.7 Specifications & Plates
8.8 Addenda prior to execution of this Agreement
8.9 Modifications after execution of this Agreement
8.10 Drawings listed below:
.\..,...
Sheet No.
Title
\.... ~
1
Title Sheet.
2
Typical Sections
3
Alignment & Existing Topography
4-6
Plan and Profile
7-10
Cross Secti9ns
1""""'\
C-2
L-.30
.~
""""
~
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 o.r 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 CONTRAC1DR 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.
\.....'.
" '
C-3
23(
~
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day 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:
BOARD OF COUNTY COMMISSIONERS
Honroe County
::~ty of &;~__-
---
,;?~~
Attorney for Monroe County, Florida
Chairman
----------~-------_._-
/d/~,
, (Seal)
--------.-- - ---------
County Clerk
Board of County Commissioners
Honroe County
1"'"'\
Signed, Sealed and Witnessed in the
presence of:
CHhRLEY:_IOPPIN1L.-&-.SONS. INC.
Party of the Second Part
By:
_---o.-__~___._.____
Title
','
Attest:
" ~
---~-----fSeal)
---------------~------
(*) 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.
~
,...."
'2-32-
/~
CONTRACT
THIS AGREEMENT made as of the 28th day of August
in the year 19 )9 by and between the Board of County Commissioners, Monroe County
Florida (hereinafter called OWNER) and
CHARLEY TOPPINO & SONS, INC.
(hereinafter called CONTRACTOR)
WITNESSETH THAT 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:
Key Haven Road
Raccoon Key, Florida
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 TIME. The Work will be completed within 120 days after the
date when the Contract Time co~ences 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
CONTRACTOR, the aggregate amount of this
Dollars ($ 228,580.00 ) .
the proposal submitted to the OWNER by the
Contract is Two Hundr~d'Twenty-eight Thousand
Five Hundred Eighty and 00/100
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 for Payment as approved by ENGINEER, on or about
30 days after receipt of the CONTRACTOR'S request for progress payments.
6.1 Progress 'payments will be made:
~
6.1.1 Prior to Substantial Completion, in an amount equal to:
90\ of the Work completed, and
C-l
'2-33
...-...
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 check 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 records, books, correspondence, instructions, drawings,
receipts, vouchers, memoranda and similar data relating to the Cost of the Work.
Article 8. 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:
8.1 Notice of Calling for Bids
8.2 Instruction to Bidders
8.3 Proposal including Exhibits
8.4 This Agreement including Exhibits
1"'""\
8.5 General Conditions
8.6 Supplementary Conditions
8.7 Specifications & Plates
8.8 Addenda prior to execution of this Agreement
8.9 Modifications after execution of this Agreement
8.10 Drawings listed below:
\....-"
Sheet No.
Title
1
Title Sheet'
2
Typical Sections
3
Alignment & Existing Topography
4-6
Plan and Profile
7-10
Cross Secti9ns
~
C-2
234
~
,~
-'"'""
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.
'....'..
... I
C-3
2-35
~
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day 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:
Attorne
:L
County, Florida
~
in the
LJ\,Q"-.!-/
/;/
G ~f
BOARD OF COUNTY COMMISSIONERS
Monroe County ~
pa~ty of thG2rst P. t"
By. 4 w ~--z..
-------
Chairman
Att~~~
~ '()
Seal
County Clerk
Board of County Commissioners
Monroe County
By:
CHARLEY TOPPINO & SONS, INC.
Party of the Second Part
.6~ OJ~
OAk.
Title
(Seal)
I
(*) In the event that the Contractor is a corporati~n, 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.
!""'\
C-4
~3b