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Resolution 202-1981 RESOLUTION NO.202 -1981 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BEnmEN WILLIN-1 }illRCHANT AND MONROE COUNTY, FLORIDA IN REGARDS TO WEST MARTELLO TOWER STABILIZATION PHASE II PROJECT 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 agree- ment by and between James Merchant and Honroe County, Florida in regards to West Martello Tower Stabilization Phase II Project, a copy of same being attached hereto. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 14th day of July, A.D. 1981. (SEAL) BOARD OF COUNTY COMMISSIONERS OF MO COUNTY, FLORIDA ~d c... <<-r /J .;1~ /'1 By .".. G. .:....."p C-,,,,,_ e,l/ or C airman IJ ( Attest: APPROVED A$ TO RJRM AN? ~IU. ~I)FFlCfEN~ 8yA:~ Q... 4--L / ;/ Attorn.Y'fJ"oHlc~ .;..- - ~7 h , AGREEMENT c' THIS AGREEMENT entered into between ...~ MERCHANT, here- inafter called "Contractor", whose address is: r:~ A - I t II h::. N ~ T/ Al /II U IZ f J/.e. I ( .e. Y L-t-' e fT 4,unl , ... and MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called "County", WHEREAS, the West Martello Towers is ln serlOUS and dire need of repair to the roof, and to the structure, and WHEREAS, the sum of $17,500.00 has been allocated through the West Martello Tower Stabilization, Phase II Project, and WHEREAS, no bids were received on said proposal though adver- tized in accordance with law, and WHEREAS, the County desires to utilize the grant as aforesaid to do the necessary and required work to repair the West Martello Towers, NOW, THEREFORE, the parties do contract and agree with each other as follows: 1. That the aforesaid Contractor will perform the work needed and necessary to repair West Martello Towers as per the plans, attached hereto, dated January 15, 1981, as prepared by Carr Smith & Associates, Inc., Coral Gables, Florida. That the repairs re- quired as is shown on said plans, include repairing cracks in the walls and ceiling of the exhibit room, provision of arched con- crete lentil in garden room and the installation of new roof over enclosed portion of the tower. 2. That in awarding this contract direct to the Contractor, the County does state that it conforms to all Federal requirements relating to the award of contract for service and/or material. 3, That the Contractor does guarantee for two (2) years all the work performed by him and will correct all unsatisfactory work within the time set forth herein. 4. That the supervision of this repair work shall be done by Carr Smith & Associates, Inc. who shall be contacted periodically -2- by the Contractor for the purpose of inspecting the work as ie progresses. It is also provided that the supervision of said work by the aforesaid Carr Smith & Associates, Inc. shall be for and in behalf of the County. ~ 5. That the funds to be utilized in paying the Contractor for the work as provided for in this contract shall be paid in three stages, it being understood that when the supervising architect de- termines that one-third (1/3) of' the work has been concluded, that the Contractor shall be entitled to one-third (1/3) of the contract price, provided that he has paid receipts and sworn Releases of Liens of all sub-contractors/materialmen and laborers. That a hold back of twenty per cent (20%) of the amount of the contract price, .as agreed herein, shall be held by the County until a full and com- plete inspection has been made by the supervising architects and their approval giv~n to all the work which shall be performed by the Contractor under this agreement. 6. The Contractor shall provide, prior to actual commencement of the work herein, public liability insurance in an amount not less than $100,000 per person and $300,000 per occurrence for bodily in- __.jury and $25,000 per occurrence of property damage. That he shall further provide Workmen's Compensation Insurance as required by . Chapter 400 of the Florida Statutes; liability insurance on any and all auvomotive vehicles utilized in connection with said work; owner's protective liability insurance issued in the name of Monroe County; contractural liability insurance covering any and all phases of liability resulting from and arising out of the contract and the work to be performed therein and public liability insurance as already described herein but which shall include all classifications as listed ln the standard liability insurance manuals as used in this State. 7. That in addition to the aforementioned Federal requirements it is understood by the Contractor and the County that this contract grant shall be administered under the Civil Rights Act of 1964 as well as 43 CFR 17 and Part 506 of the Department I~anual issued by the Department of the Interior and also the Rehabilitation Act of -3- , 1973, as amended, which does not permit discrimination against handicaps. That to assure that the Federal requirements submit an assurance of compliance (1-1350). 8. That as a condition of this contract, Contractor shall ~ execute and deliver to the County an approved Surety Performance Bond in an amount of one hundred per cent (100%) of the contract price, which shall be written through a reputable and responsible agency licensed to do such business in the State of Florida. Fur- ther, t~at prior to the payment in finality which shall be the twenty per cent (20%) hold back which is provided for in this Con- tract, the Contractor shall afford to the County a final Release of Lien wherein he, under oath, asserts that all materialmen and all laborers ,have been paid in full. 9. That the Contractor is aware of and has been afforded a copy ofithe Contract documents heretofore' prepared by Carr Smith & Associates, Inc. and agrees to comply with said requirement and shall, prior to commencement of work, confer with a representative of Carr Smith & Associates, Inc. to thoroughly acquaint himself with what is required and necessary in the performance of this contract. _.That said Performance Bond will recite that the work to be done under this Contract shall be done in accordance with the general . and special requirements as set forth in aforesaid specifications and contract documents as aforesaid. This contract is hereby entered into and agreed to by us this 14th day of July, A.D. 1981. )~~/~ ~t-;t~~l'a -;;tji:2<r/~' Witnesses ) ~ 4 'L '~/' , ~ JNIE~ANT , ~n tractor 1kc.1.&.~,d/J tf/t,ff{ By ( Sea 1 ) RAlPH \~i. \Vi~JTEl CLERK Attest: p ~ Y"'F [\/\, i>..hJ, 0 ~ ~ Clerk APPRO'/{D AS TO FORM A ~~~GAL StlFFICIEIfC'f. ) BY ..(." '~ ' Altomtr'a 0ffit:tJ -" y'''/