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Item S03 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date 4/21/04 Division County Attorney AGENDA ITEM WORDING Approval of contract amendment number two naming Enola Contracting Services, Inc. as a co- contractor with Wind-Tech Products, Inc. and clarifying the substantial completion date to be May 25, 2004. ITEM BACKGROUND Under the contract to replace the defective windows at the Gato Building which the County entered into with Wind-Tech Products, Inc., the contractor needs to secure a performance bond. Wind-Tech needs to partner with a general contractor that is licensed in Florida in order to secure the bond. Wind-Tech has secured the services of Enola Contracting Services, Inc. to assist with the project. Approval would simply modify the contract to add Enola Contracting Services, Inc. as an additional contractor with Wind Tech and would include the date required for substantial completion in order to satisfy the FEMA grant requirements. PREVIOUS RELEVANT BOCC ACTION In November 2003, the BOCC conditionally approved the Wind-Tech contract, subject to certain conditions being satisfied. On March 17, 2004, the BOCC approved the contract amendment with Wind-Tech and the resolution transferring additional funds. CONTRACT/AGREEMENT CHANGES Change name on contract to add Enola Contracting Services, Inc. as a co-contractor and clarifying substantial completion date. STAFF RECOMMENDATIONS Approval. TOTAL COST none BUDGETED Yes No COST TO COUNTY none SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing! Risk Management! DIVISION DIRECTOR APPROVAL~~~ JOHN . Q INS DOCUMENTATION: Included! To Follow xx Not Required ! AGENDA ITEM # 83 Contract Amendment NO.2 Project Title: Gato Building window replacement Contract Amendment No: 2 This amendment is entered this _ day of , 2004, by and between the Board of County Commissioners of Monroe County, Florida (hereinafter "the County" or the "Commission" as appropriate), and Wind-Tech Products, Inc. (hereinafter 'Wind-Tech"), and Enola Contracting Services, Inc. (hereinafter "Enola"), wherein the parties state as follows: WHEREAS, the C9unty and Wind-Tech entered into an agreement dated November 19, 2003; and WHEREAS, said agreement was amended by resolution of the Commission on March 17,2004; and WHEREAS, it is deemed necessary to provide for Enola Contracting Services, Inc. to act as a co-contractor to Wind-Tech; NOW THEREFORE the parties undersigned do agree as follows: 1) Enola Contracting Services, I nc. shall be a named party to the contracted dated November 19, 2003 and amended on March 17, 2004; 2) Enola Contracting Services, Inc. shall be bound by the terms set forth in the contract between Monroe County and Wind-Tech Products, Inc., which was approved by the Commission on November 19, 2003, and amended on March 17,2004, both of which are incorporated by reference as if fully set forth herein to be jointly and severally responsible for all obligations stated therein for Wind-Tech; 3) The substantial completion date for this project is hereby clarified to be May 25, 2004; 4) Enola and Wind-Tech agree that Enola and all subcontractors shall carry sufficient insurance coverage which is required by the contract dated November 19, 2003, as amended on March 17,2004, and shall list the County as a co-insured on that/those policy/policies. 5) All other provisions of the contract dated November 19, 2003, as amended on March 17, 2004, not inconsistent herewith, shall remain in full force and effect. In witness whereof, the parties have caused these presents to be executed in their respective names: Contractor Enola Contracting Services, Inc. Date Contractor Wind-Tech Products, Inc. Date (Seal) Attest: Danny L. Kolhage, Clerk - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Murray Nelson, Mayor e ill in er, Esq. Assistant County Attorney P.O. Box 1026 Key West, Florida 33041-1026 (305) 292-3470