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Resolution 072-1977 RESOLUTION NO. 72 -1977 A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND UPPER KEYS MARINE CONSTRUCTION, INC. FOR THE CONSTRUCTION AND COMPLETION OF THE BOATING IMPROVEMENT PROGRAM PHASE TWO. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman be authorized to execute a Contract by and between the Board of County Commissioners of Monroe County, Florida, and Upper Keys Marine Construction, Inc. for the construction and completion of the Boating Improvement Program Phase Two, a copy of same being attached hereto, upon the providing of an appropriate Contract Bond by the said Upper Keys Marine Construction, Inc. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 3rd day of May, 1977. BOARD OF COU~~Y COMMISSIONERS OF MONROE COUNTY, FLORIDA / .-7 . . i By l/(tk~/~-;{':/~-z:...__--~"'-'-"'" J(M:ayo;c. and Chairman Attest:'--/ ( ~~ ~~ . ,"./ '.' ,"" -" -- C er . (Seal) I HEREBY CERTIFY that this document has been reviewed for legal suffi- ciency and that same meets with my approval. ..~ON_ ~.,.~ ArrnUy....... ') r BOOK . \ '"'l I --.... //"'l i~/ / ' /f / /://J /./ ~ /, .. .,//., .." / ,,' ~~ ,pcA, CHAEL H. CATES County Attorney PAGE. I '-tl . ~.... \\\ CON T R ACT THIS AGREEMENT, Made and entered into this 3rd day of May , 1977, A.D., by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, party of the first part (hereinafter sometimes called the "Owner"), and UPPER KEYS MARINE CONSTRUCTION, INC., party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1 SCOPE OF WORK The Contractor shall furnish all labor, materials, equip- ment, machinery, tools, apparatus, and transportation and perform all of the work shown on the drawings and described in the specifi- cation entitled: Boating Improvement Program Phase Two Monroe County, Florida as prepared by Bailey & Post, acting as, and in the Contract Docu- ments entitled the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. ARTICLE 2 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful per- formance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: Based upon the price shown in the Proposal heretofore sub- mitted 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 TWELVE THOUSAND NINE HUNDRED AND 00/100 DOLLARS ($12,900.00). Page 1 of 5 Pa8es ARTICLE 3 COMMENCEMENT AND COMPLETION OF WORK a. The Contractor shall commence work within 10 calendar days after receipt of Notice to Proceed. b. 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 Proceed. ARTICLE 4 CONTRACTOR'S ACCEPTANCE OF CONDITIONS The Contractor has carefully examined the surface of the site and has made sufficient test holes, or other subsurface investi- gations to fully satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility there- for. The provisions of this Contract shall control any inconsistent provisions coptained in the specifications. All Drawings and Specifications have been read and carefully considered by the Con- tractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no cir- cumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Ovmer, his Engineer, or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the Drawings and Specifications covering said work; and the Owner may require the Contractor and/or his Surety to re- pair, 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 Page 2 of 5 Pages year from and after the date of the passing, approval, and/or acceptance of any such work or materials, are found to be defective or to fail in any way to comply with this Contract 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 repair and replacement before their condition 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 replace- ment and/or repair from the Contractor and/or his Surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Con- tractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. ARTICLE 5 LIQUIDATED DAMAGES a. It is mutually agreed that time is of the essence of this Contract 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 One Bundred Dollars ($100.00) 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. Page 3 of 5 Pages b. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. ARTICLE 6 PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as pro- vided, the Owner shall pay the Contractor as follows: a. Within 30 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial pay- ments to the Contractor, on the basis of the estimate of work as approved by the Owner's.Engineer, for work performed during the pre- ceding calendar month, less ten per cent (10%) 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. b. Upon submission by the Contractor of evidence satis- factory 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 specifications 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. ARTICLE 7 ADDITIONAL BOND It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Contract Bond hereto attached for its faithful performance, the ~~1er shall deem the surety or sureties upon such bond to be un- satisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, and within three days after receipt of Notice from the Owner so to do, furnish an additional bond or bonds, in such form Page 4 of 5 Pages 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 se- curity for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. ARTICLE 8 CONTRACT DOCUMENTS The Contract Documents, as stated in the Instructions to Bidders and attached hereto, are as fully a part of this Contract as if herein repeated. The accompanying bridge construction drawings are for the Contractor's reference and information as described in the Technical Specifications and are enumerated-hereunder. Sheet No. Title Proposed Boat Ramp & Pier Facilities Little Torch Key IN WITNESS WHEREOF, the parties hereto have executed this 1 of 1 . 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. (In the event 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.) /"C OF Approved as to correctness of form: -, Attorney for Monroe County, Florida By (Seal) At tes t,,;, t:1(Z:~- Cler UPPER KEYS KARINE CONSTRUCTION, INC. Party 0 '1e Second Pa~-, ._ (Seal) Attest: cr~;t-a.aL- P, Secretary~ Page 5 of 5 Pages