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04/03/1991 Contract FILED fOR RECORD .91 MA,( - 3 P 4 :17 THIS AGREEMENT, made and entered into this 3~E&jl day Of.~~~;(,-f,\i991, ~her:~~af~:;W:~~et~~~~o~ali~~n~~~ ,,~~;~r: a~~r~rs.c~~~~h rLij~itr~h~:~ Inc., party of the second part (hereinafter sometimes called the "Contractor"). CONTRACT WITNESSED: That the parties hereto, for hereinafter set forth, mutually agree as follows: the consideration 1.01 SCOPE OF THE WORK The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and dump fees; and perform all the work as in the Contractor's Proposal dated March 8, 1991 and shall do everything required by this Contract. Maintenance of Traffic shall also be included. 1 . 02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: B. Based upon the price shown in the Proposal dated March 8, 1991 heretofore 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 Nineteen Thousand Five Hundred Thirty Dollars ($ 19,530.00) C. The Contractor shall invoice the Owner upon completion of the work. The Owner shall pay the Contractor within 60 days of receipt of the invoice and acceptance of the work. No other methods of payment shall be acceptable to the Owner. 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work within Ten (10) calendar days after issuance of a Notice to Proceed. B. The Contractor shall prosecute diligence and shall complete the calendar days after commencement. the work with work not later faithfulness than sixty and (60) C. Prior to commencement the Contractor shall submit samples of the materials color for selection by the County. 1 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the site and has made investigations to fully satisfy himself that such site is correct and suitable for this work and he assumes full responsibility therefore. B. It is understood and agreed that the passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and the Proposal covering said work; and the Owner may require the Contractor and/or his surety repair, replace, restore, and/or make to comply strictly and in all things with the Contract and the Proposal 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 Contract or with the Proposal. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. Failure on the part of the Contractor and/or his Surety to replace 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 replacement and/or repair from the Contractor and/or his surety, who shall in any event be jointly and severely liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Proposal. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence and should the Contractor fail to complete the work within the specified 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 Fifty Dollars ($ 50.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified 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 Article, the day of final acceptance of the work shall be considered a day scheduled for completion. 2 1.06 INSURANCE The Contractor shall furnish all County Code, Monroe County Public Federal Statutes. insurances as required by Monroe Works Manual, and all State and Prior to the execution of this Contract, the Contractor shall furnish the Owner with Certificates of Insurance indicating current coverage in the minimum amounts herein stated and name Monroe County as an additional insured. Minimum limitations of required insurances are: Public Liability Property Damage Worker's Compensation $ 500,000.00 $ 500,000.00 statutory 1.07 INDEMNIFICATION AND HOLD HARMLESS The Contractor shall defend, indemnify and hold harmless the County, its officials, employees and agents, from any and all claims, liabilities, losses and causes of action which may arise out of the performance of the Contract except such causes of action may which may arise because of the County's negligent actions or omissions. Compliance with the insurance requirements shall not relieve the Contractor from the obligations imposed by this article. 1.08 PAYMENT In accordance with the provisions fully set forth herein, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: Lump sum for full contract price upon one hundred percent (100%) completion and acceptance by the Owner. All written warranties, manufacturer's data, and operational manuals shall be furnished by the Contractor to the owner prior to final acceptance and payment. 1 . 09 PUBLIC ENTITY CRIMES A. The Contractor shall complete the attached sworn statement and shall return it with the executed contract. 1.10 ETHICS CLAUSE A. The Contractor shall complete the attached sworn statement under Ordinance No. 010-1990 and shall return it with the executed contract. 3 1.11 MAINTENANCE OF TRAFFIC A. Prior to the commencement of the work, the Contractor shall submit a maintenance of traffic plan to the Engineer for approval. The plan shall be in accordance with the Manual on Uniform Traffic Control Devices. 4 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract* By MONROE COUNTY Party of the First Part . . ~\ - By : \.J.::) .I.\~"" ---.. · ~~ ~ Attest: DANNY L. XOIaHAGE, Clerk Singed, Sealed and Witnessed in the presence of:** BISCAYNE AWNING & SHADE, INC. ,Party of the Second Part By: Title Attest: (Seal) (*) In the event that the Contractor is a Corporation, there shall be attached to each counterpart a certified copy of a resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf. (**) Two witnesses are required when Contractor is sole ownership or partnership. 5 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY t FLORIDA ETHICS CLAUSE warrants that it has not employed, retained or otherwise had act on its behalf any former County office or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract of purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County office or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this , 19 day of NOTARY PUBLIC My commission expires: 6