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03/22/1982 (f) CON T R ACT /' . " " THIS AGREEMENT, made and entered into this .2.2!ftday of 1~~d 1982, A. D., by and between Monroe County, Florida, party of he first part (hereinafter sometimes called the "Owner"), and ALONZO COTHRON, 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: RENOVATION AND UPGRADING OF DUCK KEY BRIDGE NO. 1 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 On~ Hundred Thirty-nine Thousand Seven Hundred Thirteen Dollars [$ 139,713.00 ]. 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 work with faithfulness and diligence and shall complete the work for beneficial use not later than 365 calendar days after receipt of Notice to Proceed. ARTICLE 4 CONTRACTOR'S ACCEPTANCE OF CONDITIONS The Contractor hereby agrees that he has carefully examined the surface of the site and has made sufficient test holes, or other subsurface investiga- tions to fully satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefor. The provisions of IE-1 401-002.10(A) this Contract shall control any inconsistent prov1s10ns contained in the spec- 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. It 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 DAMAGES 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 Two Hundred Dollars [$200.00] 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. IE-2 401-002.10(A) ARTICLE 6 PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Condi- tions, and subject to additions and 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 payrolls, 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 be 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 2 - 3 4 5 Cover Sheet Topographic Survey of Existing Bridge Plan and Elevation Views and Elevation Arch Plate Details IE-3 401-002.10(A) 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: Attorney for Monroe Coun Signed, Sealed and Witnessed in the presence of:** Board of County Commissioners Monroe County, Florida Party of the Firs Part B Clerk of the Board of County Commissioners ALONZO Cal'HRON, mc. Party of the Second Part B~ e 6 ~-c>-- ALONZ COTHRON ~ft-W.. PRES. Title Attest: JEANE L. EYSTER S~ [Seal] [-!r] In the event that the Contractor sa, 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. [**] Two witnesses are required when Contractor is sole ownership or partner- ship. lE-4 401-002.10(A) C E R T I F I CAT E (Sample) STATE OF FLORIDA ) \A. ~_ . . .. s s COUNTY OF,~ ) I HEREBY CERTIFY that a meeting of QJfl, C~, t2.-_ State OfdjpA-~ , held on ~ the Board of Directors of a corporation under the laws of the 19~ the following resolution was duly passed and adopted: "RESOLVED, that cJ ~ as President 0 the corporation, be and he is hereb~ autho~zed to execute the Contract dated ~;.JI!:J ~./c, 19~~ 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 WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this /4#f d day of ~ ' , 19 ~ ?f-~.. )() 1J~ Secret r ****** - END CONTRACT - IE-S 401-002.10(A)