Resolution 045A-1980RESOLUTION NO. 45A-1980
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 COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AND THE BREWER COMPANY OF FLORIDA, INC. FOR RE-
CONSTRUCTING AND PAVING OF EXISTING ROADS IN
BREEZESWEPT BEACH ESTATES.
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 The Brewer Company of Florida,
Inc., a copy of same being attached hereto, for reconstruct-
ing and paving of existing roads in Breezeswept Beach Estates.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
12th day of February, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY, FLORIDA
By
�—�'Chd,ilfman
Attest:
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(Seal)
APPROVED AS rO FORM
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By
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CONTRACT
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THIS AGREEME14T made as of the 12th day of February
in the year 19 80 by and between the Board of County Commissioners, Monroe County
Florida (hereinafter called OWNER) and THE BREWER COMPANY OF FLORIDA, INC.
(hereinafter called CONTRACTOR)
WITNESSETH T11AT OWNER AN.D'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'�&cuments for the completion of the Project generally described as
follows:
BREEZESWEPT BEACH ESTATES
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 100 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 tht Contract Documents as
follows:
Based upon the unit prices shown in the proposal submitted to the OWNER by the
CONTRACTOR, the aggregate amount of this Contract is Three Hundred Fifty Thousand Seven
Dollars ($ 350,750.00 ) Hundred Fifty 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 Subs tantial'Completion, in an amount equal to:
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.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 -
men ts 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 'he satisfactory to OWNER. O;ta,'NER 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 x.: 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
.8.8 Addenda prior to execution of this Agreement-
8.9 Modifications after execution of this Agreement
8.10 Drawings listed below:
S}1PPt Nn _ Title
1 Key Map
2 Location plan and typical 'section
3 - 10 Roadway profiles and limits of construction
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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 rep.resentat,ives to the other party hereto in respect to all
covenants, agreements and obligations contained in the Contract Documents.
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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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'a IN WITNESS WHEREOF the parties hereto have executed -this Agreement on the
Cday and date first above written in three (3) counter -parts, each of which shall,
without proof or accounting.'for the other counterparts, be deemed.an.original
Contract.*
Approved as to correctness of form:
j
Attorney for Monroe County, Florida
t
BOARD OF COUNTY COMMISSIONERS
Monroe County
Party. of the first P t
By:
f
Don Schloesser
Chairman .
Attest: `~
` (Seal)
Ralph W. White
County Clerk .
Board of County Commissioners
Monroe County
Signed, Sealed and Witnessed in the
presence of: THE BREWER COMPANY 0E- FT•0HThA; INC.
Party of th nd Part
By:
W. F. Brewer
Vice -President
Title
Attest: - -
- _ (Seal)
G.R.Gaines,Assist7�& retary
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 o.f the Corporation, authorizing the officer
who signs the Contract to do so in its behalf.
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SPECIAL MEETINO
OF
THE BOARD OF DIRECTORS
A special meeting of the Board of Directors was held at the
Company o?f'ice located nt 9800 Northwest 106th Street, Miami, Florida on
March 16, 1979. All Directors were present and Charles Munz acted as
Chairman of the meeting.
Mr. Munz stated the purpose of the meeting was to authorize
certain officers of the Company to sign contract documents on its behalf.
After some discussion Walter F. Brewer made a resolution that
the following officers be authorized to sign contract documents on behalf
of the corporation.
Charles H. Munz, President
Walter F. Brewer, Vice -President
Walter R. Brewer, Assistant Vice -President
.A vote was taken and the resolution was unanimously approved.
There being no further business to discuss the meeting xras
adjourned.'
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