05/03/1988SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this 3rd day of May ,
1988, A.D., by and between Monroe County, Florida, party of the part
(hereinafter sometimes called the "Owner"), and
Frank Keevan and Son, 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:
1.01 SCOPE OF THE WORK
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation and perform all of the work shown on the
Drawings and described in the Specification entitled:
HIGGS BEACH PIER
RENOVATIONS
KEY WEST
MONROE COUNTY, FLORIDA
as prepared by Post, Buckley, Schuh do Jernigan, Inc., acting as, and in the
Contract Documents entitled the Owner's Engineer, and shall do everything
required by this Contract and the other Contract Documents.
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, and subject to addition and
deductions as provided in the Contract Documents, as follows:
B. Based upon the price shown in the Proposal 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
Two Hundred Seventeen Thousand Four Rr&ed and Pb Cents
1.03 COMMENCEMENT AND COMPLETION OF WORK
Dollars ($217,400.00 ).
A. The Contractor shall commence work within 10 calendar days after receipt of
Notice to Proceed.
B. The Contractor shall prosecute the work with faithfulness and diligence and
shall complete the work not later than 300 calendar days.
C. Contract time will commence on the first actual work day or ten calendar days
from date of Notice to Proceed, which ever occurs first.
00500-1 04-701.05
1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the surface of the
site and has made sufficient test holes, or other subsurface investigations to
fully satisfy himself that such site is a correct and suitable one for this work
and he assumes full responsibility therefore. The provisions of this Contract
shall control any inconsistent provisions contained in the specifications. All
Drawings and Specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the
work to be done. It is expressly agreed that under no circumstances, conditions
or situations shall this Contract be more strongly construed against the Owner
than against the Contractor and his Surety.
B. Any ambiguity or uncertainty in the Drawings or Specifications shall be
interpreted and construed by the Owner's Engineer and his decision shall be
final and binding upon all parties.
C. It is distinctly understood and agreed that the passing, approval and/or
acceptance of any part of the work or material by the Owner, his Engineer, or
kiy any agent or representative as in compliance with the terms of this Contract
and/or of the Drawings, 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 repair, 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 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 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 andireplacement
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 replacement 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
Contractor'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.
1.05 LIQUIDATED DAMAGES
A. It is mutually agreed that 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 Two Hundred Dollars ($200.00) 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.
00500-2 04-701.05
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.
1.06 PARTIAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and
subject to additions and deductions as provided, the Owner shall pay the
Contractor as follows:
1. Within 30 days after receipt of the Contractor's request for partial
payment by the Owner, the Owner shall make partial payments to the
Contractor, on the basis of the estimate of work as determined by Owner
or as approved by the Owner's Engineer, for work performed during the
preceding calendar month, less ten percent (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.
2. Upon submission by the Contractor of evidence satisfactory 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.
1.07 ADDITIONAL BOND
A. It is further mutually agreed between the parties hereto that if; at any time
after the execution of this Agreement and the Performance and Payment Bonds
hereto attached for its faithful performance, the Owner shall deem the surety
or sureties upon such bonds to be unsatisfactory, or if, for any reason, such
bond(s) ceases to be adequate to cover the performance of the Work, the
Contractor shall, at his expense, and within three days after the receipt of
Notice from the Owner to do so, furnish an additional bond or bonds, in such
form 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 security for the faithful
performance of the work shall be furnished in manner and form satisfactory to
the Owner.
1.08 CONTRACT DOCUMENTS
A. 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. An
enumeration of the Drawings accompanying these Contract Documents follows:
Sheet No. Title
1 Title
2 Site Plan and Details
S-1 Plan and Section
S-2 Sections and Details
00500-3 04-701.05
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.*
Signed; Sealed and Witnessed in the
presence of:**
Corporation
Party of the First Part
By:za
Attest: -L -KOLHAGE, Clerk
eal )
Frank Keevan & Son, Inc.
Party of the Second Part
By:
Tare ce eevan
2nd 4tjet Stock Island
Key West, FleElda 33040
President
Title
Attest:
( Seal)
Lcqueline G. Keev n
tapz
(*) 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.
00500-4
`G .rC;�: r
ryi�
04-701.05
STATE OF FLORIDA )
ss
CERTIFICATE
(Sample)
COUNTY OFMONROE )
I HEREBY CERTIFY that a meeting of the Board of Directors of
Frank Keevan & Son, Inc. , a corporation under the laws of the State of
Florida � held on 23 May , 19 88the following resolution was duly passed and
adopted:
"RESOLVED, that Clarence J. Keevan as
President of the corporation, be and he is
hereby authorized to execute the Contract dated
19_, between Monroe County, Florida, and
this corporation, and that his execution thereof, attested by the
Secretary of the corporation and with corporate seal affixed,
shall be the official act and deed of this corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this 23 day of May , 1988
L,� �f,
Teclary—
END OF SECTION
00500-5 04-701.05
SECTION 00610
STATE OF FLORIDA )
ss
COUNTY OF MONROE )
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that Frank Keevan and Son, Inc.
as Principal, hereinafter called Contractor,
and FIDELITY & DEPOSIT COMPANY.' OF MARYLAND as Surety, hereinafter
called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
hereinafter called Owner, in the amount of Two Hundred Seventeen Thousand
Four Hundred and No Cents Dollars ($217,400.00 ) for the payment
whereof~ Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated May 3 , 1988,
entered into a Contract with Owner for:
HIGGS BEACH PIER
RENOVATIOINS
KEY WEST
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall in all respects promptly and faithfully perform and comply with the
terms and conditions of said Contract and his obligations thereunder and shall indemnify
the Owner and the Consulting Engineer and save either or all of them harmless against
and from all costs, expenses and damages arising from the performance of said Contract
or the repair of any work thereunder, then this obligation shall be void; otherwise, this
Bond shall remain in full force and effect, in accordance with the following terms and
conditions:
A. The Principal and Surety jointly and severally agree to pay the Owner any
difference between the sum to which the said Principal would be entitled on the
completion of the Contract, and that sum which the Owner may be obliged to pay
for the completion of said work by Contract or otherwise, and any damages,
direct or indirect or consequential, which the said Owner may sustain on account
of such work, or on account of the failure of said Contractor to properly and in all
things, keep and execute all of the provisions of said Contract.
00610-1 04-701.05
B. And this Bond shall remain in full force and effect for a period of one (1) year
from the date of acceptance of the project by the Owner and shall provide that
the Contractor guarantees to repair or replace for said period of one (1) year all
work performed and materials and equipment furnished that were not performed
or furnished according to the terms of the Contract, and shall make good, defects
thereof which have become apparent before the expiration of said period of one
(1) year. If any part of the project, in the judgment of the Owner, for the reasons
above stated needs to be replaced, repaired or made good during that time, the
Owner shall so notify the Contractor in writing. If the Contractor refuses or
neglects to do such work within five (5) days from the date of service of such
Notice, the Owner shall have the work done by others and the cost thereof shall
be paid by the Contractor or his Surety. .
C. And the said Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or
to the work to be performed thereunder or the specifications accompanying the
same shall in any wise affect its obligations on this bond, and it does hereby waive
Notice of any change, extension of time, alteration or addition to the terms of the
Contract or to the work or to the Specifications.
D. The surety represents and warrants to
Rating Guide General Policyholder's
Category of "ClassXV it.
the Owner that they have a Best's Key
Rating of " A+ " and Financial
00610-2 04-701.0 5
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 9thday of June - 19_U, A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
WITNESSES:
WITNESS:
PAwer of Attorney Attached
PRINCIPAL:
FRANC SAN, INC.
j' ffix
e ti4e is r (Seal
Clarence Keevan, President
Title
2nd Street, Stock Island
Business Address
Key West, Florida 33040
City State
SURETY:
FIpF.LITy & DFXOS.IT COMPANY OF
Corporate Suret
b.
Attorney -in -Fact
90 Almer�.a Avenue
Business Address
Coral Gables, Florida 33134
City State
ART WALL, INC.
Name of Local Insurance Agency
00610-3
(Affix
(Seal
04-701.05
CERTIFICATES AS TO CORPORATE PRINCIPAL,
I, Jacajaeli'ne G. Keevan , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that Clarence J. Keevan who signed the said
bond on behalf of the Principal, was then President of said Corporation; that I
know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
STATE OF FLORIDA )
ss
COUNTY OF MONROE )
Corporate
S r tart' Seal
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared
A.E..Wall to me well known, who being by me first duly sworn
upon oath, says that he is the Attorney -in -Fact, for the
FIDELITY' & DEPOSIT COMPANY OF MARYLAND
and that he has been authorized by FIEDLLTY & DEPOSIT COMPANY OF MARYLAND to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
Subscribed and sworn to before me this 9th day of June , 1988, A.D.
(Attach Power of Attorney)
146tary-Publid
State of Florida-at-Lwgor PURIC sTATr:o F[ONIDA
MY COMMISSION EXP, in 1s Im
My Commission Expire' iH sE in- nrft-
END OF SECTION
00610-4 04-701.05
SECTION 00620
STATE OF FLORIDA )
ss
COUNTY OF MONROE )
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that Frank Keevan and Son, Inc.
as Principal, hereinafter called Contractor,
and as Surety, hereinafter
called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
hereinafter called Owner, in the amount of Two Hundred Seventeen Thousand
Four Hundred and No Cents Dollars ($ 217,400.00 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated May 3 , 1988,
entered into a Contract with Owner for:
HIGGS BEACH PIER
RENOVATIONS
KEY WEST
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall promptly make payments to all claimants, as hereinbelow defined,
then this obligation shall be void; otherwise, this Bond shall remain in full force and
effect, subject to the following terms and conditions:
A. A claimant is defined as any person supplying the Principal with labor, material
and supplies, used directly or indirectly by the said Principal or any subcontractor
in the prosecution of the work provided for in said Contract, and is further
defined in Section 255.05(1) of the Florida Statutes.
B. The above named Principal and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defined, who has not been paid in full before
the expiration of a period of ninety (90) days after performance of the labor or
after complete delivery of materials and supplies by such claimant, may sue on
this Bond for the use of such claimant, prosecute the suit to final judgment for
such sum or sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses of any such
suit.
00620-1 04-701.05
C. No suit or action shall be commenced hereunder by any claimant:
1. Unless claimant, other than one having a direct contract with the
Principal, shall within forty-five (45) days after beginning to furnish labor,
materials or supplies for the prosecution of the work, furnish the Principal
with a notice that he intends to look to this bond for protection.
2. Unless claimant, other than one having a direct contract with the
Principal, shall within ninety (90) days after such claimant's performance
of the labor or complete delivery of materials and supplies, deliver to the
Principal written notice of the performance. of -such labor or delivery of
such material and supplies and the nonpayment therefor.
3. After the expiration of one (1) year from the performance of the labor or
completion of delivery of the materials and supplies; it being understood,
however, that if any limitation embodied in this Bond is prohibited by any
law controlling the construction hereof such limitations shall be deemed to
• be amended so as to be equal to the minimum period of limitation
permitted by such law.
4. Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district
in which the project, or any part thereof, is situated, and not elsewhere.
D. The Principal and the Surety jointly and severally, shall repay the Owner any
sum which the Owner may be compelled to pay because of any lien for labor or
materials furnished for any work included in or provided by said Contract.
E. The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration of or addition to the terms of the Contract or to
the work to be performed thereunder or the Specifications applicable thereto
shall in any wise affect its obligations on this Bond, and the Surety hereby
waives notice of any such change, extension of time, alterations of or addition
to the terms of the Contract, or to the work or to the Specifications.
F. The Surety represents and warrants to the Owner
Rating Guide General Policyholder's rating of
Financial Category of "Class xv ".
that they have a Best's Key
" A+ It and
00620-2 04-701.05
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 9th day of June 19B8, A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
WI NESSES:
WITNESS:
Power of Attorney Attached
PRINCIPAL:
FRANK KE & ON, INC.
(Affix
ignatur o Aut r _,Wed Office (Seal
t
Clarence Keevan, President
Title
2nd Street -Stock Island
Business Address
Key West, Florida 33040
City State
SURETY:
FIDELITY & DEPOSIT COMPANY OF
Corpora Surely
Attorney -in -Fact
90 Almeria Avenue
Business Address
Coral Gables, Florida 33134
City State
ART WALL, INC.
Name of Local Insurance Agency
00620-3
MARYLAND
(Affix
(Seal
04-701.05
CERTIFICATES AS TO CORPORATE PRINCIPAL
I� Jacqueline G. Keevan , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that Clarence J. Keevan
who signed the said
bond on behalf of the Principal, was then President of said Corporation; that I
know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
STATE OF FLORIDA )
�id
COUNTY OF MONROE )
,,6drporate
S retoy Seal
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared
A.E.wall to me well known, who being by me first duly sworn
upon oath, says that he is the Attorney -in -Fact, for the
FIDELITY & DEPOSIT COMPANY OF MARYLAND
and that he has been authorized by FIDELITY & SEPOSTT COMPANY OF MARYLAND to
execute the foregoing bond on behalf of the Contractor named therein in favor of
Monroe County, Florida.
Subscribed and sworn to before me this 9th day of JUNE , 19 88 A.D.
(Attach Power of Attorney)
),-Ada Silveri
otary ub c'
State of Florida -at- ,P,tIC STWE OF FLORIDA
NY CONArSSIOX EXP. JAN 25,1989
My Commission ExpQDWM THRU WNERei Tgt- ,,or -
END OF SECTION
00620-4 04-701.05