Resolution 297-1989
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RESOLUTION NO 297-1989
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE A CONTRAc:~r BY AND BETWEEN FRANK
KEEVAN AND SON, INC. AND MONROE COUNTY
CONCERNING THE RF.HABILI'l'ATION OF THE KEY COLONY
BEACH BRIDGE.
BE IT RESOLVED BY THE BOARD Ol!' COUNTY OF COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a contJ:-act by and between Frank
Keevan and Son, Inc. and Monroe County concerning the
rehabilitation of the Key Colony Beach bridge, a copy of same
being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe Coun'ty, Florida, at a regular meeting of said Board held on
the 23rd day of May, A.D. 1989.
BOi\RD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
/J!I~_~
Mayor/Chairman
(Seal)
A!'MOVED AS .J F~
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BY / 'At. C .:~ I/rxci.-t#fz.v:r
Attest: DANNY L. KOLHAGE, Clerk
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SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this day of .
19--, A.D., by and between Monroe County, Florida, party of the first part
(hereinafter sometimes called the "Owner"), and FRANK KEEVAN AND SONr INC.
the "Contractor").
. party of the second part (hereinafter sometimes called
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:
BRIDGE REHABILITATION
.904530 KEY COLONY BEACH CAUS~WA Y
MONROE COUNTY, FLORIDA
'.
as prepared by Post, Buckley, Schuh de 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 Docum6nts, as tollows:
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
EIGHTY THOUSAND FIVE BUNDRED AND ZERO CENTnollars($80rSOO.on
1.03 COMMENCEMENT AND COMPLETION OF WORK I
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 90 calendar days after receipt of Notice
to Proceed.
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1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
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A. The Contractor hereby agrees that he has carefully e.'tamined 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 d~ision 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 tail 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 th:! 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 Uable to the Owner
tor 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 ind Specifications.
1.05 LIQt1IDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contract and should the
Contractor tail to complete the work within the specified time, or any
authorized extension there04 there shall be deducted from the compensation
otherwise ,:0 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 stiplllated amount of damages
sustained by the Owner in the event of such default by the Contractor.
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B. the purposes of this ArtiCle, the day of final _~. .,tance 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 PA YMENTS
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
Con tractor 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 Engineer, for work performed during the preceding calendar
month, less ten percent (1096) 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. ~C?rk 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. qontractor 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, fumish an additional bond or bonds, iil 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 it herein repeated. An
enumeration ot the Drawings accompanying these Contract Documents follows:
Appendix A Title
904530/1-2 Required Repairs
1 Bridge Drawing
1-2 Bridge Repair Sheets
Appendix B
1-3 & 5-7
Repair Detail Sheets
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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 Cor the other counterparts, be deemed an original Contract..
Corpora tion
Party of the First Part
By:
Attest:
(Seal)
Signed, Sealed and Witnessed in the
presence of:**
Party of the Second Part
. ..
By:.
Title
Attest:
(Seal)
(*) 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
behalt.
(**) Two witnesses are required when Contractor is sole ownership or partnership.
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CERTIFICA TE
(Sample)
STATE OF FLORIDA )
COUNTY OF )
ss
I HEREBY CERTIFY that a meeting of the Board of Directors of
t a corporation under the laws 0 f the State 0 f
t held on t 19--1 the following resolution was duly ~assed and
adopted: .
"RESOLVED, that t as
President of the corporation, be and he is
hereby authorized to: execute the' Contract dated
t 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_day of t 19_.
Secretary
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END OF SECTION
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