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Resolution 232-1989 Public Works Division RESOLUTION NO. 232-1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A CONTRACT AGREEMENT BY AND BETWEEN DIVOLL CONSTRUCTION, INC., AND l-iONROE COUNTY CONCERNING THE RESTROOM REHABILITATION 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 agreement by and between DivolI Construction, Inc. and Monroe County concerning restroom rehabilitation, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 28thc1ay of April A.D. 1989. BOARD OF COUNTY COMMISSIONERS C \0 D: - ,.... '- C"") C Li- 0- 0 ,.. C"") C LL ~ C ::e::: -- c::: LL; .,' Z -1 fS " r-"-, 0 - :L l.L.. OF MONROE COUNTY, FLORIDA BY~~~lY Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk . _~o. ~- ~\~;l?e-. AIWIOVEDM TO I'OIW ANDLEGALSUFAe~NCy. 1 /. ; '?~" .."L' , CONTRACT ~. THIS AGREEMENT, made and entered into this 28th day of April, 1989, A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and Divoll Construction, Inc., party of the second part (hereinafter some-- times called the "Contractor"). WITNESSES: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: I. SCOPE OF THE WORK A. The Contractor shall furnish all labor, materials, equip- ment, machinery, tools, apparatus, and transportation, and perform all of the work as described in the Specifi- cation, Request For Proposal as attached, and as de- scribed in proposal as furnished by Divoll Construction, Inc. II. 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, and subject to additions and deductions as provided in the Contract Documents. B. Based upon the price shown in the Proposal herewith submitted to the Owner by the Contractor, a copy of the Proposal being apart of these Contract Documents, the aggregate amount of this Contract is the sum of TwentY~Four Thousand Five Hundred Dollars ($24,500.00) III. COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work within 10 calendar days after receipt of Notice to Proceed. The Contractor shall prosecute the work with faithful- ness and diligence and shall complete the work not later than 60 calendar days after receipt of Notice to Pro- ceed. C. Contract time shall begin on the first actual work day A. B. Pg. 1 of 4 ~. IV. A. or ten (10) calendar days after receipt of Notice to Proceed, whichever occurs first. CONTRACTOR'S ACCEPTANCE OF CONDITIONS The Contractor has carefully examined the conditions of the site and has made sufficient investigation to fully ~ satisfy himself that such site is a correct and suitable one for this work, and he assumes full responsibility therefor. The Contractor understands all provisions of this Contract and of the Specifications and agrees to their sufficiency for the work to be done. Under no circumstances, conditions or situations shall this Con- tract be more strongly construed against the OWner than against the Contractor. Any ambiguity or uncertainty in the Drawings or Specifi- cations shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. The approval of any part of the work or material by the Owner, or by its agent, as being in compliance with the terms of this Contract, or the Drawings and Specifica- tions, shall not operate as a waiver by the Owner of strict compliance with the terms of any other part of this Contract, or the Drawings and Specifications. The Owner may require the Contractor to repair or re- place part or all of the work or materials which within a period of one year after the date of the acceptance of any such work or material, are found to be defective or to fail in any way. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement wi thin one year. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor, immediatelY-i.after notification, to repair or replace any such defective materials and workmanship shall entitle the Owner, to B. C. D. E. Pg. 2 of 4 F. repair or replace the same and recover the reasonable cost of such repair or replacement from the Contractor. The Contractor shall be liable to the Owner for all damage, loss, and expense caused to the Owner by reason of breach of this Contract or his failure to comply strictly with this Contract and with the Drawings and - Specifications. The Contractor shall defend, indemnify and hold the County , its officials, employees and agents harmless, from any and all claims, liabilities, losses and causes of action which may arise out of the performance of the Contract except such claims, liabilities, losses and causes of action 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. ~. V. INSURANCE A. The Contractor shall furnish proof, in a form acceptable to the County, of the following insurance upon execution of this contract. 1. 2 . 3. Public Liability - Property Damage Workers Compensation - $500,000.00 $300,000.00 $100,000.00 VI. PARTIAL AND FINAL PAYMENT A. Subject to additions and deductions as provided by for- mal change order, the Owner shall pay the Contractor as follows: 1. Within thirty (30) days after receipt of Notice to Proceed, the Contractor may request partial payment from the Owner on the basis of estimate of work complete as approved by the Owner, for work per- formed during the preceding thirty (30) calendar days. ~ 2. Upon submission by the Contractor of evidence satis- Pg. 3 of 4 factory to the Owner that all payrolls, material bills, and other costs secured by the Contractor in connection with the work have been paid in full, final payment on account of this Agreement shall be made within sixty (60) days after completion of all work covered by this Agreement and acceptance of~ such work by Owner. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. COUNTY OF MONROE, STATE OF FLORIDA By Mayor/Chairman (SEAL) Attest: Clerk President (CORPORATE SEAL) Attest: itl-Jdf::tf WITNESS ~ ~A'~~. L\ ~ - BY Pg. 4 of 4