Resolution 133A-1980
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RESOLUTION NO.133A 1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT
BY AND BETWEEN THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AND
FLORIDA ROCK & SAND CO., INC. FOR COMPLE-
TION OF THE PROJECT GENERALLY DESCRIBED AS
KEY HEIGHTS AND OCEAN ISLE 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 an
Agreement by and between the Board of County Commissioners of
Monroe County, Florida, and Florida Rock and Sand Co., Inc.
for the completion of the project generally described as follows:
KEY HEIGHTS AND OCEAN ISLE ESTATES
Part 5 of Plans and Specifications of
Post, Buckley, Schuh, & Jernigan, Inc.
dated August 1, 1979.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 3rd
day of June, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE NTY! GRIDA
....
By
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(Seal)
Attest:
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APPROVED ON
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CONTRACT
THIS AGREEMENT made as of the 5th day of June
in the year 19 80 by and between the Board of County Commissioners, Monroe County
Florida (hereinafter called OWNER) and
Florida Rock and Sand Co., Inc.
(hereina~ter 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 HEIGHTS AND OCEAN ISLE ESTATES
Part 5 Of Plans and Specifications Of
Post Buckley, Schuh & Jernigan, Inc., dated August 1, 1979
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.
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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 the 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 Fortv Eiaht Thousand. Five
Dollars ($ 48, 559.00 ). HUndred Fifty-Nine & 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 Paymen~ 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:
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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 cheskall materials, equip-
ment and labor entering into the Work and shall keep such full and detailed
accounts as may be necessary for proper financial managemertt under this Agree-
" ment, and the system shall ,be satisfactory to OWNER. OWNER shall be .afforded
3dcess 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.
contract between OWNER and CONTRACTOR
and made a part hereof and consist of
The
are
the
Contract Documents which
attached hereto and made
.
following:
cOI:lprise the
a part hereto
8.1 Notice of Calling for Bids
8.2 Instruction to Bidders
8.3 Proposal including Exhibits
8.4 This Agreement including Exhibits
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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:
Sheet No. Title
1 Key Map
2 General Plan Layout, Parts 1 thru 4
3 General Plan Layout. Part 5
4 Typical Section and Detail Sheet
5 Sununary of Quantities
~ 6-8 Roadway Profiles
9-14 Roadway Cross Sections
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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 ~is interest under any
of" the Contract Documents; and, specifically, CONTRACTOR shall not assign any
moneys due or to become due without the prior written coqsent 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 repealea by a duly executed
written instrument.
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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:
2p~~.d .
'Attorney for Monroe County, Florida
Chairman
Attes>/': / ~
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County Clerk
Board of County Commissioners
Monroe County
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Signed, Sealed and Witnessed in the
presence of:
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1'Pl-~
o
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By:
and Sand
Second Part
,.
Inc.
President
Title
Attes~ ~
_ . ~ '-nr/ "'~:H:'1~~;seall
Sam Torcise, Secretary
(*) In the event that the Contractor i.s 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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PERFORMANCE BOND
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STATE OF FLORIDA
COUNTY OF MONROE
ss
KNOW ALL MEN BY THESE PRESENTS that
Florida Rock and Sand Co., Inc.
as Principal, hereinafter called Contractor,
and
Seaboard Surety Company
"
'., a~ Surety, hereinafter called Surety, are held and firmly bound un~o Monroe County,
Florida, as Obligee, hereinafter called Owner, in the amount of Forty Eiqht
Thousand Five Hundred Fifty-Nine and 00/100
Dollars ($48,559.00 ) for
the payment whereof Contractor and Surety bind themselves, t~eir heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
June 5
"
19 80 , entered into a Contract with OWner for:
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KEY HEIGHTS AND OCEAN I~LE ESTATES
Monroe County, Florida
in accordance with drawings and specifications prepared by Reynolds, Smith & Hills,
which Contract is by reference made a part hereof and is hereinafter referred to as
the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the Principal
shall in all respects comply with the terms and conditions of said Contract and his
obligations thereunder, including the Contract Documents (which include Notice of
Calling for Bids Instructions to Bidders, Proposal, Bid Security or Bid Bond, Contract,
Co~tract Bond, General and Special Conditions, Specifications, Addenda and Drawings),
therein referred to and made a part thereof, and such alterations as may be made in
said Drawings and Specifications as the~einprovided for, and further, if such "Con-
tractor" of "Contractors" shall promptly make payments to all persons supplying him,
them, or it, labor, material and supplies used directly or indirectly by said Con-
tractor, Contractors, Subcontractor or Subcontractors in the prosecution of the work
provided for 'in said Contract, this obligation shall be void, otherwise, the Principal
and Surety jointly and severally agree to pay the Owner any difference between the
sum to which the said Principal would be entitled on the completion of the Contract,
and that sum which the Owner may be obliged to pay for the completion of said work by
Contract or otherwise, and any damages, direct or indirect or consequential, which the
said Owner may sustain on account of such work, or on account of the failure of said
Contractor to properly and in all things, keep and execute all of the provisions of
said Contract.
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And the said Principal and Surety hereby further bind themselves, their
successors, heirs, executors, administrators, and assigns jointly and severally,
to repay the Owner any sum which the Owner may be compelled to pay because of
any lien for labor or material furnished for the work embraced by said Contract.
"h,
And this Bond shall remain in full force and effect for a period of one (1)
year from the date of acceptance of the project by the Owner and shall provide
that the Contractor guarantees to repair or replace for said period of one (1)
year all work performed and materials and equipment furnished that were not per-
formed or furnished according to the terms of the Contract, and shall make good,
defects, thereof which have become apparent before the expiration of said period
of one (1) year. If any part of the project, in the judgment of the Owner, for
~he reasons above stated needs to be replaced, repaired or made good during that
time, the Owner shall so notify the Contractor in writing. If the Contractor
refuses or neglect~ to do such work within five (5) days from the date of service
of such Notice, the Owner shall have the work done by others and the cost thereof
shall be paid by the Contractor or his Surety. .
And the said Surety, for value received hereby stipulates and agrees that no
change, extension fo time, alteration or addition to the terms of the Contract or
to the work to be performed thereunder or the specifications accompanying the same
shall in any wise affect its obligations on this' bond, and it does hereby waive
Notice of any change, extension of time, alteration or addition to the terms of
the Contract or to the work or to the Specifications.
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IN WITNESS WHEREOF, the abovebounden parties executed this instrument under
their several seals, this 5t-n day of June 19 80 , A.D., the name
and corporate seal of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative, pursuant to authority of its govern-
'Lng body.
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WITNESS: tIf Sole Ownership or Partnership, two (2) Witnesses required).
tIf Corporation, Secretary Only will attest and affix seal).
~ CORPORATION:
-<" h,
Co . Inc.
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ATTEST:
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Sam Torcise, Secretary
President
Title
P. O. Box 3004
Business Address
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Florida city, Florida 33034
City , State
SURETY:
WITNESS:
Seaboard Surety Company
Co~1e sure. ty
- 6cvJ.~. CE
Earl F. Casey ~
Attorney-in-Fact
c?/L:,rt'/ Oc-<f c/i 2/// C/o-/1 /)
I 840 Biscayne Boulevard
Business Address
_Miami. Florida 33132
City State
Baldwin Insurance Agen~y
Name of Local Insurance Agency
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(Affix Seal)
(Affix Seal)
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CERTIFICATES AS TO CORPORATE PRINCIPAL
I,
Sam Torcise
, certify that I am the Secretary of the
Corporation named as Principal in the within bond; that
Steve Torcise
who signed the said bond on behalf of the Principal, was then
President
of said Corporation; that I know his signature, and his, signature hereto is
genuine; and that said bond was duly signed, sealed, and attested for and in
I
behalf of said Corporation by authority of its governing body.
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF ~
DADE
Before me, a Notary Public, duly commissioned, qualified and acting, per-
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sonally appeared
Earl F. Casey
to me well known, who being by me first
duly sworn upon oath, says that he is the Attorney-in-Fact, for the
Seaboard Surety Company
and that he has been authorized by
Seaboard Surety company
to execute the foregoing bond on behalf of the Contractor named therein in favor
of Monroe County, Florida.
Subscribed and sworn to before me this 5th
I
day of
June
19 -..lliL, A.D.
(Attach Power of Attorney to
Original 'Bid Bond and Financial
Statement from Surety Company)
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Notary Public
State of Florida-at-Large
My Commission Expires:
Notary Public State of fl!jri~3 at tJ:7.~.
My Commission Expires Sept. 26, 1983.
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crtified 'Copy
84-(2 .
HEAB()AHJ) ~tlHE'I'Y (1():\ll'A~Y
NEW YOHK, NEW YOH~
lb.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SE:\HOARD SUI\ETY COi\lPANY. a co~poration of th13 State.
(If New York, has made, constitutl'd and appoiuted aud oy these presents does make, constitute and appointe. Jackson ale:..:..
or Richard B. Brown or R. Eugene Caldwell or Earl F. Casey or Jack L. Stewart----------------___
of Mi ami, Flori da
its true and lawful Attorney-in-Fact. to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takings and other instruments of similar nature as follows: Any and all bonds, undertakings, recognizances
and other written obligations in the nature therof; and any and all consent required by the
Department of Transportation, State of Florida, incident to the release of retained percentages
and/or final estimates. Without LImitations. ..
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed hy the aforesaid
Attorney-in-Fact, shall he binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its l;orporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby
given, are hereby ratified and confirmed.
.
This appointment is made pursuant to the following By-Laws which were duly adopted by the 130ard of Directors of the said Com-
pany on December 8th, 1927, with Amendments to and including April 6, 1978 and are still in full force and effect:
ARTICLE VII, SECTION I:
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance' policies, bonds, recognizances, stipulations, consents of surety and underwriting undertaking.; of the Company, and release" agreements and
other writillgs relating in any way thereto or to any claim or loss thereullder. shall be signed in the name and on behalf of the Company
(a) by the 01airman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary.
a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair-
man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may
from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such offic;er, Attorney-in-Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY CO~IPAi'JY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .5.th...............
day of ........Q.9.t.R!?~r............................., 19.....7.~
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Attest ~
SEABOARD SURETY COMPANY,
By
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Vice-President
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""'c~ Assistant Secretary
ST A TE OF NEW YORK ~
COUNTY OF NEW YORK 5 ss. :
On this .....5.t.n.................... day of ........Q.c.tQ:b.e.:r...................................................................., 19...7.8....., before me personally appeared
.........................Thomas...:P._...GQr.ke............................................................. a Vice-President of SEABOARD SUR ETY CO~IPA~Y,
.' h ,I I. II . d .h l' 1,. d 1". 'd h. I. 'd . I S f New Jersey .
\\ It \\ 10m am persona y' acqual11te , \\ 0, lel11g l) me U) sv orn. sal t at 1e resl es 111 t le . tate 0 ........................................,
that he is a Vice-President of SEABOARD SURETY COMP A?\Y, the corporation described in and which executed the fore-
going instrument; that he knows the corporate seal of the said C(llllpany; that the seal affixed to said instrument is stich corporate
seal; that it was so affixed by order of the Board of Directors c'[ said Company; and that he signed his name thereto as Vice-
Pr . en I said Company by like authority.
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0)9 St ~ of New York
,~ PU5Uji .; 4-7104540 Qualified in Kings 'County
""'~ OF Nt.' e Filed in New York County
(S ~mmission expires March 30, 1980
...............,.Y. ::!-.<;:! f.-.Y.~...~ R ~ :?<?n....... ...................................
Notary Public
CERTIFICATE
I, the undcrsignl'd A%istant Secretary. of SEABOARD SeRETY CO~[PA;-':Y do herehy certify that the original Po\\er of Attorney of whicl
the foregoing is a full, true and correct copy, is in full force and e!Tect on the date of this Certitirate alld I do iurther certii~' that the \'ice Presider.t
who executcd the said Power of Attoflley was one of the Offi,'ers authorizcd by the Board of Director5 to appoint an altorncy'-in-fact as provilled it:
Article VII. Section I, of the By-Laws of SEABOARD SURETY CO~tP:\;-':\'.
This Certificate may he signcd and scaled by facsimile under and hy authority of the i(lllcllling resolutiol\ of the Board of Directors of SEA-
BOARD SURETY COMPANY at a meeting duly called and held on the 2Xth day of June 1978. .
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of thl' com pan)' and of the signature of an Assistant Secretary
on any certif,cation of the correctness of a copy of an instrument executed hy the Pn'sident or a Vice-President pursuant to Article VII. Section
1, of the By-Laws appointing' and authorizing an attorney-in-fact to sign in tl", name and on behalf of the company surety bonds. underwriting
undertakings or other instruments described in said Article VII, Section I, with like e!Tect as if 5uch seal and such signature had been manually
affixed and made, hereuy is authorized and approved." .
IN WITNESS WHEREOF. I have hen'unto set my hand and affixed the corporate seal of the Compariy to these
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presents thi~
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