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
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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.
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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.
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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.
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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
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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
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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
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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: ,.
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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.
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