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Resolution 037-1990 Municipal Service District RESOLUTION NO. 037-1990 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A CONTRACT BETWEEN MONROE COUNTY AND GROUND IMPROVEMENT TECHNIQUES, INC. CONCERNING THE CUDJOE KEY LINED SANITARY LANDFILL EXPANSION PROJECT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a Contract between Monroe County and Ground Improvement Techniques, Inc., a copy of same being attached hereto and made a part hereof, concerning the Cudjoe Key Lined Sanitary Landfill Expansion Project. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the lQ!h day of January, A.D. 1990. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:ok~ MAYOR/CHAIRMAN ~ (Seal) Attest :PANNJ:': & 1{OIJIAGE,):rerIt APNfOVED AS TO FORM AND LEGAL SUFFICIENCY B HNOl.J L 7..: ( cI SZ N~r\ 06., ""i ~ J II I I . A . . ill .; '. j , . ., 1 ;. ? .~ .. ,~ :. ,'j j ;~ .. , .........1 .~ .~ ~ SECTION 00500 CONTRACT THIS AGREEMENT. made and entered into this m day of .-so."lA1l/f ' 19QD, A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Ownerll), and Ground Improvement Techniques, Inc. , party of the second part hereinafter sometimes ca 11 ed the IIContrac tor") . WITNESSETH: That the parties hereto, for the cons idera ti on here i na fter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK A. 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: CUDJOE KEY LINED SANITARY LANDFILL EXPANSION as prepared by Post, Buckley, Schuh & Jernigan, Inc., acting as, and in the Contract Documents entitled the Owner's Engineer, and Shall do everything required by this Contract and the other Contract Documents. 1~02 THE CONTRACT SUM A. The Owner shall pay to the Contractor the Contract, in lawful money of the addition and deductions as provided follows: B. Based upon the price shown in the Proposa 1 hereto fore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Contract Documents. the aggregate amount of this Contract is the sum of One Million, One Htmdred Eighty-Seven 'Thousand, Six Hundred Twenty-One and 10/100 Dollars ($ 1,187,62~.10). for the faithful performance of United States, and subject to in the Contract Documents, as 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work within 10 calendar days after receipt of Notice to Proceed. B. The Cdn.tra~tor shall prosecute the work with faithfulness and diligence and shall complete the work not later than 240 calendar days. tm:SPEC 47:6 00500-1 22-056.00 . .--..,:a,. - .......::-~ , .~ ~ .,; +. ,,1 . -:{ ; I ~ 1 -} ":J. :.\ ~ -,~ " ~ '~ ~ " 1 'J l '1 1 ,.~ 1 ',:~ .~ 'l ',J j t A '. ~ '.'11 '1 "~ I '1 J ............ .~ , c. I I I I I I Contract time will commenc, the first actual work day or ten calendar days from date of Notice to Proceed, which ever Occurs first. 1. 04 A. CONTRACTOR'S ACCEPTANCE OF CONDITIONS The Contractor hereby agrees tha t he ha s ca refull y exami ned the surface oft h e sit e and has ma des u ff i c i e n t t est h ole S ,or 0 the r sub Sur fa c e investigations to fully 5.:ltisfy himself that such site is a correct and suitable one for the wod; and he assumes full responsibility therefore. The provisions of I:: IS Contract shall control any inconsistent provisions contained in the Specifications. All Drawings and Specifications have !Jeen read and carefully considered by the Contractor, who understdnds the same and agrees to their SUfficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construea against the Owner than against the Contractor and his Surety. . ; B. 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. I I I I I I I I fj I I I C. 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 compl iance with the terms of this Contract and/or of the Drawings, and Specifications covering said work, shall not operate as a waiver by the Owner of strict compl i ance wi th the terms, of thi s Contract, and/or the Drawi ngs 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 Contnct or with the Drawings and Specifications. This provision shall not apply to. materials or equipment normally expected to deteriorate or wear out and become subject to normal repai rand repl acement before thei r cond; ti on is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure 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 recover the reasonable cost of such repl acement aM/or repa i r from the Contractor and/or hi s surety, who shall in any event be jOi ntly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of thi s Contract and/or his fai,lure to comply strictly and in all things with this Contract and with the -Drawings and Specifications. tm:SPEC 47:6 ,1 .~ ,) 00500-2 22-056.00 -...:;~~ . ---.,;.. :~ ,~ ~ ..~ .~rr- ,;. '~ ~. I. ! , , ~ ~ i. " '. :~ " ". . .' ~.l . :; :. ,r~ ~ -- ~ '1 .... ':1111!1 .J 'j 1.06 A. 1.07 A. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that should the Contractor fail to complete the work within the speci fied 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 one thousand dollars ($l,OOO.OO) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the speci fied 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 work shall be considered completion of the work production. Article, the day of final acceptance of the a day of delay, and the scheduled day of Shall be considered a day scheduled for PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: 1. 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 determined by Owner or as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent ClO%) 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. 2. 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 Speci fications 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 completion by the Contractor of all work covered by this agreement and acceptance of such work by the Owner. ADDITIONAL BOND It is further mutually agreed between the parties hereto that if, at any time /after the execution of this agreement and the Performance and Payment' Bonds hereto attached for its fa ithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, and tm:SPEC 47:6 00500-3 22-056.00 -.... :-.. ~~ ;'~ ,; ,,-, '1_ ,''to tlIii. '. '."" ~ 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. 1.08 CONTRACT DOCUMENTS A. The Contract Documents, as stated in the Instructions to Bidders and attached hereto, are as fully a part of this Contract as if herein repea ted. An enumera t ion 0 f the Drawi ngs accompanyi ng these Contrac t Documents follows: Sheet No. 1 2 3 4 5 6 7-8 9 10-15 16 17 18 19 / ,,". tm:SPEC 47:6 $ Tit 1 e Genera 1 Title Sheet Area Map Site Work Site Plan Base Grading Base Grading Sections/Details Leachate Collection Plan Leachate Collection Sections/Details Surface Water Management Sections/Details Perimeter Road Plan and Profi le Leachate Pump Station Numbers 1 & 2 Leachate and Septage Storage Tanks Electrical SitePl an Power Riser and Miscellaneous Details 00500-4 22-056.00 ._~ ,. fill .~ '. fill .,. ~~ .. ~ .'C.'J. :; j . I , ' .. ; ~, 1- . 1, L . ~ ..... '.,.. !. ... 1 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.* " ",I ' Ground Improvement Tec}miques, Inc. Corporation Party of the Fi rst Part Signed, Sealed and Witnessed in the presence of:** . '.r BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY. ';y B~.~4-. Theodore L. Hoey, President Attest: C7~QO/?r~~(Seal) ~dd:p.ra~/) Uwrl Second Par. By: ,. 'i" .' 4 Ii tle Attest: ( Sea 1) (*) In the event that the Contractor is a Corporation, there shall be attached to each counterpart a cert1 f1 ed copy of a resolution of the Board of 01 rec tors of the Corporation, author1zing the officer who signs the Contract to do so in 1ts behalf. (**) Two witnesses are req~1red when Contractor is sole ownership or partnership. l : _ tm:SPEC 47.:6 00500-5 22-056.00 -...;-x