Resolution 198-1982
RESOLUTION NO. 198 -1982
RESOLUTION APPROVING CHANGE ORDER NO. 1 AJ1ENDING THE
CONTRACT BY AND BETWEEN UPPER KEYS }~RINE CONSTRUCTION
COMPANY M~D MONROE COUNTY, FLORIDA, BY SUBSTITUTING
ROUND TIMBER TREATED PILING FOR TREATED TIMBER PILES
AND DELETING ADDENDm~ #2 REVERTING BACK TO THE TIME
ORIGINALLY SHOWN FOR CONTRACT OF 150 DAYS.
WHEREAS, Monroe County, Florida, previously entered into a
contract with Upper Keys Marine Construction Company for bridge
replacement (by-pass) of Copa D'Oro Bridge, Monroe County, Florida,
nnd
\~IEREAS, after the contract letting it was agreed by the
parties that the Contractor be allowed to substitute round timber
treated piling conforming to Florida Department of Transportation
standard specifications section 953 and to marine pile require-
ments of AWPA C-3 and shall be southern pine treated with chromated
copper arsenate (CCA) 1.0 pounds per cubic foot and have a butt
size of 14 inches for treated timber piles, and
WHEREAS, the parties also agreed to delete Addendum #2 which
modifies the time allowed to complete the work from 120 to 210
days and revert back to the time originally shown in Article 3,
paragraph b, page IE-l of the Contract of 150 days, and
WHEREAS, Upper Keys Marine Construction Company has issued
Change Order No. 1 to cover the above described work and submitted
said Change Order to the Board of County Commissioners of Monroe
County, Florida, for its approval, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY CO~lliISSIONERS OF ~10NROE
COUNTY, FLORIDA, as follows:
1. That said Board of County Commissioners hereby approves
Change Order No. 1 to allow substitution of round timber treated
piling conforming to Florida Department of Transportation standard
specifications section 953 and to marine pile requirements of
AWPA C-3 and shall be southern pine treated with chromated copper
arsenate (CCA) 1.0 pounds per cubic foot and have a butt size of
14 inches for treated timber piles; and to delete Addendum #2 which
-2-
modifies the time allowed to complete the work from 120 to 210 days
and revert back to the time originally shown in Article 3, para-
graph b, page IE-l of the Contract of 150 days.
2. That said Board also approves and authorizes the adjust-
ment to be made in the Contract Price and Time as contained in said
Change Order No.1.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 26th day of July, A.D. 1982.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 0~Z.. i2~4Z. .,;;
al.r n J~
At te s t : D JUpU '!:J '~,!'~nTr. C' rRK
~ y~;):~d~\'P~~O~
Clerk
\j ~J
BY
r
(,
';0\
J
~~
/2.uJ~ " 8' "Nt
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 26thday of July
, 19~,2
by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
hereinafter referred to as the "County", and the Upper Keys Marine Construction, Inc.
hereinafter referred to as the "Contractor".
WITNESSETH:
WHEREAS, the County has made available to the Contractor
180
feet of
prefabricated sectional bridge superstructure (Acrow) for use in the Contract for
construction of the Copa D'oro Bridge By Pass. The understanding of the parties as to
terms of delivery and use by Contractor to be incorporated in written Agreement.
NOW, THEREFORE, in consideration of the premisesl and the covenants
con tained herein the parties agree:
1. The County does lease to the Contractor the above described bridge
superstructure, this Lease Agreement effective
and
to continue in effect until such time as terminated by either party upon 30
days notice and termination to be effective upon return of the bridge
superstructure and receipt by the Department of Transporation of the
State of Florida in behalf of the County.
< 2. The Contractor shall pay to the County rent of $4,770.00 per month
beginning
September 1, 1982
and each month thereafter until
termination of this Agreement. The total rental is not to exceed
$71,550.00.
3. The Contractor at Contractor's expense shall return the bridge
superstructure to the Florida Department of Transportation yards located
at Orlando in as good condition as when received by the Contractor normal
wear and tear excepted. The Contractor will pay the County the cost to
repair any damages and to replace any parts necessary to restore the
bridge superstructure to as good conditions as when received by the
Contractor.
4. The Contrac,tor shall indemnify, defend, save and hold harmless the County
from all claims, demands, liabilites, and suits of any nature whatsoever
arising out of, because of or due to the breach of this agreement by the
Contractor his agents or employees, or due to any act or occurrence of
omission or commission of his sub-contractor, his agents, or employees. It
is specifically understood and agreed that this indemnification agreement
does not cover or indemnify the County for its own negligence or breach of
contract.
I
".
~>
J
5. Partial payments to the Contractor for Item No. 6 of the Construction
Contract will be withheld until rental due under this agreement has been
paid to the County.
IN WITNESS WHEREOF, the parties have caused these presents to be executed,
the day and year first above written.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
~~, '> /J ..1'. /J
BY: ~ ~ c. ~ ~'f"
ATI~T: .R.
RAL H VI. \Y~~~TE," CLERK
t.. .(SEAL)
UPPER KEYS MARINE CONSTRUCTION, INC.
BY:
~
/'
------
-
TITLE:
/1/ .rc-r ,r -
r v
~C1(~~t
.. I
~&,
/
(SEAL)
A TT~T:
TITLE:
y
BY.