Resolution 289-1980Lw
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RESOLUTION NO. 289--1980._
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO 'EXECUTE A CONTRACT -BY AND BETWEEN THE.BOARD
OF'COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA.,
AND FRANK KEEVAN SON, INC.
BE IT RESOLVED BY.THE BOARD OF COUNTY:COMMISSIONERS OF-MONROE,.:
COUNTY,.FLORIDA, as follows
That the Chairman of the Board of County Commissioners of..
Monroe County, Florida,. is.hereby authorized to execute a'contract
by.'and,'between the Board of County Commis'sioners:of'Monroe County,
F.lorida;,and Frank Keevan & Son, Inc.._, a copy of same being attached
hereto, for the purpose of constructing - drainage improvements for
..Second Avenue, Stock Island, Monroe'County, Florida:
Passed and adopted by the. Board'of.County Commissioners of
Monroe County, .Florida; at` a regular meeting held:-•o.ri_.the 21st day'
.of 0ctobe.r, 1980
BOARD OF`COUNTY COMMISSIONERS OF
MONROE, GOUN FL( DA
C a i rm__an
(Seal) .
Attest:
C erk
A.Pi
SECTION E
AGREEMENT
THIS AGREEMENT is dated as of the Z i S day of
in the year 19 80 , by and between
77YE Bo.
ep
(hereinafter called OWNER) and
(hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration
of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
CONTRACTOR shall complete all Work as specified or indicated in the
Contract Documents. The Work is generally described as follows:
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ARTICLE 2 - ENGINEER
The Project has been designed by M. Vincent Protheroe, P.E., Consult-
ing Engineer; 123 N.W. 23rd Street; Gainesville, Florida 32607 who is
hereinafter called ENGINEER and who will assume all duties and
responsibilities and will have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with completion of
the Work in accordance with the Contract Documents.
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ARTICLE 3 - CONTRACT TIME
3.1 The Work will be substantially completed within ,310 day-,
after the date when the Contract Time commences to run as provided
in paragraph 2.3 of the General Conditions, and completed and ready
for final payment in accordance with paragraph 14.13 of the General
Conditions within -34? days after the date when the Contract
Time commences to run.
3.2 Liquidated Damages - OWNER and CONTRACTOR: recognize that time
is of the essence of this Agreement and that O',VP�E will suffer
financial loss if the Work is not substantially complete within the
time specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions.
They also recognize the delays, expense and difficulties involved
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in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER if the Work is not substantially complete on
time. Accordingly, instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty) CONTRACTOR shall pay OWNER
wa /Dd' d o 11 a rs
for each day that expires aft r the time specified in paragraph
3.1 for substantial completion until the Work is substantially
complete.
ARTICLE 4 - CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Based on the unit prices shown in the Proposal, Section C, submitted
to the OWNER by the CONTRACTOR, the aggregate amount of this Agree-
ment is
SFt14d o 11 a r s r0 4o, i d� .
ARTICLE 5 - PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will
be processed by ENGINEER as provided in the General Conditions.
5.1 Progress Payments - OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Applica-
tions for Payment as recommended by ENGINEER, on or about thirty (30)
days after receipt of the CONTRACTOR's Application for Payment as
recommended by the ENGINEER. All progress payments will be on the
progress of the Work measured by the schedule of values provided for
in paragraph 14.1 of the General Conditions.
5.1.1 Prior to Substantial Completion progress payments will be in
an amount equal to:
Ninety percent ( 0%) of the Work completed, and
Ninety percent ( 0%) of materials and equipment not incorporated in
the Work but delivered and suitably stored, less in each case the
aggregate of payments previously made.
5.2 Final Payment - Upon final completion and acceptance of the
Work in accordance with paragraph 14.13 of the General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended
by ENGINEER as provided in said paragraph 14.13.
,,ARTICLE 6 - INTEREST
All moneys not paid when due hereunder shall bear interest at the
maximum rate allowed by law at the place of the Project.
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ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
of the
7.1 CONTRACTOR has familiarized himself with the nature and extent
ditionsCandrfedeact Dalumstate andklocalalaws
lity, and with all local con -
regulations that in any manner may affect cost, pro r rules and
performance of the Work. progress or
7.2 CONTRACTOR has studied carefully all reports of investigations
and tests of subsurface and latent physical conditions at the site
or otherwise affecting cost, progress or performance of the Work
which were relied upon by ENGINEER in the preparation of the Draw-
ings and Specifications and which have been identified in the
Supplementary Conditions.
7.3 CONTRACTOR has made or caused to be made examinations, investi-
gations and tests and studies of such reports and related data in
addition to those referred to in paragraph 7.2 as he
for the performance of the Work at the Contract Price,iewithin ctheary
Contract Time and in accordance with the other terms and conditions
of the Contract Documents; and no additional examinations, investiga-
tions, tests, reports or similar data are or will be required by
CONTRACTOR for such purposes.
7.4 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms
and conditions of the Contract Documents.
7.5 CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is accept-
able to CONTRACTOR.
7.6 CONTRACTOR shall maintain proper accounting records of all
materials, equipment and labor entering into the Work as may be
necessary for proper progress and financial management under this
Agreement, and the system used shall be satisfactory to the OWNER.
OWNER shall have access to all CONTRACTOR's records, books, corres-
pondence, instructions, drawings, receipts, vouchers, memoranda and
similar data relating to the cost of the Work, during the pro ress
period establi
of the Work and throughout the correction g
Paragraph 13.12 of the General Conditions.shed in
ARTICLE 8 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between
OWNER and CONTRACTOR are attached to this Agreement, made a part
hereof and consists of the following:
8.1 Notice of Calling for Bids
8.2 Instruction to Bidders
8.3 Proposal including Exhibits completed as CONTRACTOR's Bid
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8.4 This Agreement including Exhibits
8.5..General Conditions
8.6 Supplementary Conditions
8.7 Special Conditions
8.8 Specifications
8.9 Addenda prior to execution of this Agreement
8.10 Modifications after execution of this Agreement
8.11 Drawings
8.12 Notice of Award
8.13 Documentation submitted by CONTRACTOR prior to Notice of Award
-There are no Contract Documents other than those listed above in
'.` this Article 8. The Contract Documents may only be altered, amended
or repealed by a Modification (as defined in Section 1 of the
General Conditions).
ARTICLE 9 - MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of
the General Conditions shall have the meanings indicated in the
:. General Conditions.
9.2 No assignment by a party hereto of any rights under or interests
in the Contract Documents will be binding on another party hereto
without the written consent of the party sought to be bound; and
specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary.in any written
consent to an assignment no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds himself, his partners, succes-
sors, assigns and legal representatives in respect to all covenants,
agreements and obligations contained in the Contract Documents.
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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.*
Approved as to correctness of BOARD OF COUNTY COMMISSIONERS
form: Monroe County
Party of the First Part
By:
Atrorney for Monroe County,
Florida Chairman
Signed, Sealed and Witnessed
in the presence oft
*In the event
attached to
the Board of
who signs th
1
Attest:
County Clerk
Board of County Commissioners
Monroe County
Party of the Sacond art
e
Attest:
-77
� (Sealy
that the Contractor is a Corporation, there shall be
each counterpart a certified copy of a resolution of
Directors of the Corporation, authorizing the officer
e Contract to do so in its behalf.
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