04/07/1986 Agreementa
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this 7 t h day of April
,
1996 A.D., by and between Monroe County, Florida, party of the first part
(hereinafter sometimes"called the "Owner" ), and Hewett- K i e r Construction Inc.
party of the second part (hereinafter sometimes calle the "Contractor").
WITNESSETH: That the parties hereto, for the c eration 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:
MONROE COUNTY JUSTICE BUILDING
KEY WEST
MONROE COUNTY, FLORIDA
as prepared by Post, Buckley, Schuh be 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
One .Million Six Hundred and Twenty Thousand Dollars($ 1,620,00 ,00).
1.03 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 faithfulness and diligence and
shall complete the work not later than 220 calendar days after receipt of
Notice to Proceed.
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.
* Proposal consists of a revised BID FORM with deductive and/or
substitute items inco,rporatel into the project-, ex'ecvted by
signature on April 2, 1986 and is hereby'a part of this contract.
00500 - 1/5
fully satisfy himself that such site is a correct and suitable one for this work
and he assumes full responsibility therefor. 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
by 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 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 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
within the specified time, or any authorized extension
deducted from the compensation otherwise to be paid
the Owner will retain the amount of* Two Hundred
calendar day as fixed, agreed, and liquidated damages
elapsing beyond the specified time for completion or
thereof, which sum shall represent the actual damag
have sustained by failure of the Contractor to comple
specified time; it being further agreed that said sum is
stipulated amount of damages sustained by the Own
default by the Contractor.
to complete the work
thereof, there shall be
to the Contractor, and
Dollars ($200.00) per
for each calendar day
any authorized extension
es which the Owner will
to the work within the
not a penalty, but is the
er in the event of such
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B. For the purposes of this Article, the
be considered a day of delay, and the
shall be considered a day scheduled fo
r
day of final acceptance of the work shall
scheduled day of completion of the work
production.
1.06 PARTIAL AND FINAL PAYNIENTS
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 approved by the
Owner's Architect/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 re4�ired 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 Contract Bond hereto attached
for its faithful performance, the Owner shall deem the surety or sureties upon
such bond to be unsatisfactory, 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 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.
I-1
C-1 thru C-2
S-1 thru S-3
„-'A-1.1 thru A-9.1
M-1 thru M-5
P-1 thru P-6
E-1 thru E-11
Title
Cover Sheet
Civil Engineering
Structural Engineering
Architectural
Mechanical Engineering
Plumbing
Electrical Engineering
00500 - 3/5
r
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 form:
Attorney for Monroe County, 1 ida
4--113
Board of County Commissioners
Monroe County, Florida
Party of the First Part
F
By:
Chairman
Attest:
Clerk of the
Signed, Sealed and Witnessed in the presence of:**
(Seal)
County Commissioners
-Hewett-Kier Construction
Party of t) a Second Part /
Lo
President
Title
Inc.
Attest:
(Seal)
(*) In the event that the Contractor is a Corporation, there shall be attached to I
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 itsi
behalf.'
(**) Two witnesses are required when Contractor is sole ownership or partnership.
00500 - 4/5
.
i
a -
STATE OF FLORIDA )
ss
COUNTY OF )
CERTIFICATE
I HEREBY CERTIFY that a meeting of the Board of Directors of
Hewett -Kier Construction rnc: , a corporation under ,the laws of the State
of Florida ,held on April 8 1193 the following resolution was duly passed
and adopted:
"RESOLVED, that James R. Hewett ' as
President of the corporation, be and he is
hereby authorized to execute the Contract dated
April 8 , 19 8 6, 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 8 t hday of April , 1986.
Secretary
Robert Kier
END OF SECTION
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HEWETT - KIER CONSTRUCTION, INC. GENERAL CONTRACTORS
1888 N.W. 23rd ST.
POMPANO BEACH, FL 33069
April 2, 1986
DADE: (305) 945-6454
(305) 756-8274
BROWARD (305) 979-8978
Eck IVED,
l Jul
P B S &
Mr. Robert Zuccaro
Post, Buckley, Schuh & Jernigan
1 North Krome Avenue
Homestead, FL 33030
RE: Monroe County Justice Building
Dear Sir:
Enclosed per your request please find the signed copy of the Bid Form
on the referenced project.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
HEWETT-KIER CONSTRUCTION, INC.
✓ John B. Maye:
Project Manager
JBM: j cr
BID FORM
The Contractor shall construct the Monroe County Justice Building according to the
Contract Documents and the original project manual dated December 1985, and
Drawings dated December 29, 1985 for a Contract Lump Sum amount of One Million
Six Hundred and Twenty Thousand Dollars ($1,620,000.00). In order to construct the
project stipulated above for this amount, Hewitt -Kier Construction, Inc. will
incorporate the following deductive and/or substitute items into the completed
project:
Base Bid $1,766,400.00
1. Alt. #1 - Complete first floor shell space including,
but not limited to, finishes, mechanical, plumbing,
and electrical work, but excluding lab case items,
and lab special utilities, generally located between
column line B and D. + $ 103,000.00
2.
Alt. #2 - Provide lab case items and lab special
utilities to complete lab 119.
+
34,000.00
3.
Alt. #4 - Provide standard steel tube hand railings,
as specified in Section 05521: Pipe and Tube Railings.
-
5,000.00
4.
Alt. #6 - Provide pre -cast colt fete cornices, window
sills, frieze, architrave, and moldings, as specified
in Section 04400: Stone.
-
73, 000.00
Sub Total
$1,825,400.00
5.
Omit all stone coping at roof line pert imeter bldg.
-
$ 20,800.00
6.
Add wood cove similar to stone at roof and paint
+
9,000.00
7.
Omit all terrazzo flooring and base
-
29, 220.00
8.
Add V.A.T. corridors all floors
+
2,041.00
9.
Omit all carpet
-
18, 096.00
10.
Add V.A.T. in all carpet areas
+
7,700.00
11.
Omit all WD windows
-
25,352.00
12.
Omit painting of windows
-
2,496.00
13.
Add white single hung aluminum windows
+
11, 000.00
14.
Add WD or marble window sills
+
1,000.00
15.
Remove arched stucco at drive-thru
-
5,150.00
16.
Add stucco to enclose HVAC ducts
+
1,260.00
17.
Omit painting of metal roofing
-
3,120.00
18.
Omit all expoxy paint/substitute block fill and
good quality paint
-
3,120.00
19.
Change all wood doors to stained grade birch flush
-
15,184.00
20.
Deduct overhead roll -up door
-
2,177.00
21.
Change metal roof to 26 ga. exposed galvanized
standing seam with same material on rear of trusses
footing material to be modified bitchum in place
of cold tar pitch
-
32,240.00
22.
Remove HVAC controls /add individual thermostats
-
4,160.00
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00300 - 1/2
23.
Remove spring isolators from roof top package units
- 1,250.00
24.
Fiberglass duct all horizontal runs in place of metal
- 4,160.00
25.
Test and balance by HVAC contractor not independent
- 2,080.00
26.
Change elevator to stock elevator w/single slide door
- 17, 465.00
27.
Change block from 1st floor to 2nd floor to 12" wide
block
- 7,100.00
28.
Remove brick, all stone coping rear bldg /add stucco
- 21,880.00
29.
painted
Trench drain to integral corrigated slit drain
- 1,250.00
30.
Change all interior butts to medium duty steel,
interior medium duty stainless exterior, all lock -
sets to be Class A Schlag be Alt. manufacturer on
panat devices
- 7,592.00
31.
AlterrMate interior lighting fixtures and electrical
32.
contractor
P.V.C. schedule 40 soil lines in place of cast iron
- 10,493.00
- 3,016.00
Total
$1,620,000.00
The descriptions included above shall serve in lieu of modifications to the drawings,
where there is no drawing, sketch or sheet reference noted.
Hewitt -Kier Construction, Inc. shall prosecute the work with faithfulness and diligence
and shall complete the work not later than 270 calendar days after receipt of Notice
to Proceed.
Hewett -Kier Construction, Inc.
Name of Bidder Affix Seal
James R. Hewett, President
Title of Officer
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