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Home My Public Portal About1992-46C Authorizing agreement with Driggs Construction for hurricane debris removalRESOLUTION NO. 92-1(0-0, A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH DRIGGS CONSTRUCTION TO LOAD, HAUL, AND DISPOSE OF ALL OF THE DEBRIS FROM THE VILLAGE RIGHT-OF-WAY INCLUDING RAKING, SWEEPING, BROOMING AND FINAL DRESSING OF SWALES, STREETS AND SIDEWALKS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Manager is hereby authorized to enter into an agreement with Driggs Construction to load, haul, and dispose of all of the debris from the Village right-of-way. Also includes raking, brooing and final dressing of swales, streets and sidewalks. A copy of the agreement is attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14 day of Se te be 1992. RAFAEL H CONTE, MAYOR T EST: VILLAGE CLE AP ROVED AS TO FORM AND LEGAL SUFFICIENCY ' r`Gglot:0‘ E Amy VIL ATTORNEY )CT -16-92 FRI 10:11 6678484 CONTR4CT 30E223 september 13, 1992 Ti4TS CONTRACT, made and entered into on the 14 day of September 1992, by and between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "Owner"), and Driggs._--, Conetrliction company, Diu. 5800. N. Bay Road, Miami acach, Fl. 33140 party of the s= FIc:nnd part (hereinafter called "Contractor"); W I TN&S SETH That the partials hereto, for and in consideration of the covenants and agreements hereinafter set forth, mutually agree as follows, to wit: 1. That the Contractor shall furnish all labor, materials, and equipment and perform all work in the manner And form provided by the Contract Documents covering the Project of the Owner known and identified as Owner: village of Key Biscayne Job Numbest: 30E223 Job Name: rash and Debris_Remuval from the Streets and Beaches of the Village ofKev Biscayne. for the Unit Price amount reflected by the Proposal, said Unit Price amount being Six Dollars and Ninety - Five Cents. ( $ 6.95 ) Per Cubic Yard. 2. That the Contractor shall begin the work to be performed under this Contract on a day to be specified in a written order issued by the Engineer, and shall fully complete all work hereunder within the time or times stated in the Proposal. 3. That the Owner shall pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, the total amount of his bid as set forth above at the times and in a manner stated in the General Covenants and Conditions of the Contract Documents. 4. It ia further mutually agreed that if at any time after the execution of this Contract and Contract Bond, the Owner shall deem the surety upon such bonds to be unsatisfactory, or if for any reason such bond shall become inadequate to cover the performance of the work, thA Contractor shall at his do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall he satisfactory to thA Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security shall have been furnished in a manner and form satisfactory to the Owner. C-1 OCT-lb-92 FRI 10:11 6678484 P.89 30E223 September 13, 1992 S. Tho "Contract Documents" are hereby cletiued as the Proposal, the Bid Items, the Contract, the Notice to Proceed, the Waiver of Lien, the General Conditions and any Addenda which may be issued. The terms and conditions of said Contract Documents are incorporated herein by reference tiitd made a part hereof as though fully set forth herein. The Contract Documents are complementary, so that a LeciL.a1 in one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and undeL otaiads all of said contract Documents. 6. The various indemnities of the Contractor contained in the Contract Documents indemnifying the Owner from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the Contract Documents shall have a monetary limitation of the larger of the following: $1,000,000.00 , or the entire amount of the Contract. IN WITNESS WHEREOF, the parties hereto have executed thin Contract in two counterparts, each of which shall be deemed an original Contract, all as of the day and year hereinafter written in the Owner's part. OWNER' S PART (PARTY OF THE FIRST PART) Signat1i rA of Owner's (Witness Signature) Authorized Representative Date: � (Witness Signature) CONTRACTOR'S PART (PARTY OF TIE SECOND PART) NAME OP CORPORATION: Driggs Construction Company, Inc. Address; 5800 N. Bay Road, Miami Beach, Fl. 13140 Siyciat re of Contractor's Authorized Representative Print Name: Henry Keel Official Title: Partner (Witness Signature) (Witness Signature) Date: JUI -lb-mod I -I i 110:U r-- . 101 D 30E223 es/Amber 16, 1992 t'CNTRACT! THIS CONTRACT, made ana entered into on the 14 day of Scptambar 1992, by anti between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "Owner") , and Driggs gonstructiof. ompany1 Inc. 5800 N. Bay -Rc d j _Miami Beach, F1. 33 0 party of the second part (hereinafter called "contractor") ; WITNESSL_ , That the parties hereto, for and in consideration of tine covenants and agreements hereinafter set forth, mutually agree as follows, to wit: 1. That the Contractor shall furnish all labor, materials, and equipment and perform all work in the manner and form provided by the Contract Documents covering the Project of the Owner known and identified as: Owner: Village of Key Biscay Job Number: 30E223, Job Name: Trash and Debris_ Removal from the Streets_ and Beaches of the Village of Key Biscay, for tho Unit Price amount reflected by the Proposal, said Unit Price amount being Six Dollars and , Ninety. - _Fiye _. . . Cents. (_ $_ 6.95 ,) per Cubic Yar4. 2. That the Contractor shall begin the work to be performed under this Contract on a day to be specified in a written order issued by the Enyinee , and shall fully complete all work hereunder within the time or times stated in the Proposal. 3. That the Owner shall pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, the total amount of his bid as set forth above at the times and in a manner stated in the General Covenants and Conditions of the contract uocuments. 4. It is further mutually agreed that it at any time after the execution of this Contract and Contract Bond, the Owner shall deem the surety upon such bonds to be unsatisfactory, or if for any reason such bond shall become inadequate to cover the performance of the work, the Contractor shall at his do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security shall have been furnished in a manner and form satisfactory to the Owner. G' 1 OCT-16-92 FRI 10:10 r• 6678484 P.06 34223 SCitcpt er 16, 1942 5. The "Contract Documents" are hereby defined as the Proposal, the Bid Items, the Contract, the Notice to proceed, the Waiver of Lien, the General Conditions and any Addenda which may be issued. The terms and conditions of said Contract Documents are incorporated herein by reference and made a part hereof as though fully set forth herein. The Contract Documents are complementary, so that a recital in one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and understands all of said Contract Documents, 6. The various indemnities of the Contractor contained in the Contract Documents indemnifying the Owner from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the Contract nocuments shall have a monetary limitation of the larger of the following: $100,000.00 , or the entire amount of the Contract. A ,_fur. thy, described in the September l , 1992 letter . IN WITNESS WHEREOF, the parties hereto have executed this Contract in two uvunterparts, each of which oha11 be deemed an original Contract, all as of the day and year hereinafter written in the Owner's part. OWNER' S, PART (PARTY OF THE FIRST PART) Signature of Owner's Authorized Representative Date: (Witness Signature) (Witness Signature) CONTRACTOlila PART (PARTY OF THE SECOND PART) NAME OF CORPORATION: Driggs Construction Company, Inc. Address: 5RnoU. Ray Road. Miami Beach. Fl. 33140 Signature of Cont actor's Authorized Repre ntative Print Name: Steve Reece e,/P Official Title: vice Presides C-2 (witness Signature) (WitnPc, Signature)