Resolution 189-1979
RESOLUTION NO. 189 -1979
A 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., FOR CR-941 OLD BOCA
CHICA ROAD PROJECT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
is hereby authorized to execute a Contract by and between
the Board of County Commissioners of Monroe County, Florida,
and Frank Keevan & Son, Inc., a copy of same being attached
hereto, for CR-941 Old Boca Chica Road Project,
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
28th day of August, 1979.
BOARD OF COm~TY COMMISSIONERS
OF MONROE C9UNTY, FLORIDA
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, alrman
(Seal)
Attes~
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CONTHACT
THIS AGREEMENT madp as of the __________ day of _,___,_____________
in the year 19 by and between the Board of County Conunissioners, ~ionroe County
Florida (hereinafter called OWNER) and
FRANK KEEVAN & SON, INC.
(hereina fter called CONTRACTOR)
WITNESSETH THAT O\;1NER AND CONTRACTOR in consideration of the mutual covenants
hereinafter set forth agree as follows:
Article 1. WORK. The CONTRACTOR shall perform all Work as specified or indicated
in the Contract Documents for the completion of the Project generally described as
follows:
CR-941
OLD BOCA CHICA ROAD
"
Article 2. ENGINEER. The Project has been designed by Reynolds, Smith and Hills,
Architects-EngIneers-Planners, Incorporated, who will act as ENGINEER in connection
with completion of the Project in accordance with the Contract Documents.
Article 3. CONTRACT TIME. The Work will be completed within 120 days after the
date when the Contract Time commences to run as provided in paragraph 2.5 of the
General Condition~. The CONTRACTOR shall conunence work within 10 calendar days after
receipt of Notice. to Proceed.
Article 4. CONTRACT PRICE. Owner shall pay the CONTRACTOR for pprformnnce of the
Contract subject to additions and deductions provided in the Contract Documents as
follows:
Based upon the uni t prices shown in
CONTRACTOR, the aggregate amount of this
Dollars ($~Q4, 528!-00___).
the proposal submitted to the OWNER by the
Contract is JkQJ:l1mdre..d___FollL,ThousancLEivE?-
Hundred Twenty-Eight and 00/100
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Article 5. APPLICATIONS FOR PAYMENT. CONTRACTOR shall submit Applications for
Payment in accordance with Article 14 of the General Conditi6ns. The Applications
for Payment wi 11 indica te the amount of the Contractor I s Fee then payable. Applicatiom
for Payment will be reviewed by ENGINEER as provided in the General Conditions.
Article 6. PROGRESS AND FINAL PAYMENTS. OWNER shall make progrpss paympnts on
the basis of CONTRACTOR'S 1\pplications for Payment as approved by ENCINEER, on or about
30 days after receipt of the CONTRACTOR'S request for progress payments,
6.1 Progress payments will be made:
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6.1.1 Prior to Substantial Completion, in an amount equal to:
90% of the Work completed, and
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90~ of material and equipment not incorporated in the Work but
deLivered and slliLlbly stored, less in each case the aggregate of pay-
ments previously made.
6.2 Upon final completion of the Work and settlement of all claims,
OWNER shall pay the remainder of the Contract Price.
Article 7. ACCOUNTING RECORDS, CONTRACTOR shall chec:k ,111 materials, equip-
ment and labor enterill'J into the Work and shall keep s\1ch full and detai led
accounts as may be necessary for proper financial management under this Agree-
ment, and the system sh;1ll be satisfactory to OWNER. OWNER shall be afforded
access to all CONTRACTOR'S records, books, correspondence, instructions, drawings,
receipts, vouchers, memoranda and similar data relating to the Cost of the Work.
Article 8. CONTRACT DOClJl'tENTS. The Contract Document~; whi ch comprise the
contract between OWNER and CONTRACTOR are attached hereto and made a part hereto
and made a part hereof and consist of tile following:
8.1 Notice of Calling for Bids
8.2 Instruction to Bidders
8.3 Proposal including Exhibits
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8.4 This Agreement including Exhibits
8.5 General Conditions
8.6 Supplementary Conditions
8.7 Speoifications & Plates
8.8 Addenda prior to execution of this Agreement
8.9 Modifications after execution of this Agreement
8.10 Drawings listed below:
.-".
Sheet No.
Title
1.--',
v
1
Title Sheet
2
Typical Sections
3
Location Plan And Details
4
Plan and Profile
5-6
Cross Sections
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1\rt icle 9. MISCELLANI':OUS
9.1 Terms u~;('d in this Agreement which ar:c defincrl in Article I of the
General Conditions shall have the meanings indicated in the General Conditions.
9.2 Neither m'iNER nor CONTRACTOR shall, without the prior written con-
sent of the other, assign or sublet in whole or in p~rt his interest under any
of the Contract Documents; and, specifically, CONTRACTOR shall not assign any
moneys due or to become due without the prior written cons('nt of molNER.'
9.3 m'lNER and C()NTRACTOR each binds himse I [, hi s paTtners, successors,
assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the Contract Docwnents.
9.4 The Contract Docwnents constitute the enUre agreement between OWNER
and CONTRACTOR and may only be altered, amended or repealed by a duly executed
written instrument.
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IN WITNESS \'JiIEH]-;()F the parties hereto have executed thi s A'Jr('crn"llt on the
day and date first ahove wriU:en in three (3) counterparts, e<Jeh of which shilll,
without proof or accoullting for the other counterparts, be deemed an original
Contract.*
Approved as to correctness of form:
BOARD OF COUNTY COMMISSIONERS
r.lonroe County
:::t~Ofa~
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__~:~:~;L~J.~~{/:" ._-_..-~...-
Attorney for Monroe County, Florida
--------..---- -- --------.-----..--------..----
Chairman
At t e s t-~.'/--------==:>
Lrr;;/d~
(Seal)
___ ..__ ______ __ - ___ ._'." ____ _____._n_____ ____'_._____ _ ____.____.__
County Clerk
Board of County Connnissioners
Monroe County
........
Signed, Sealed and Witnessed in the
presence of:
FR1\~1<__KEE:YA~_ & .SgN,. }NC-,-__
Part~ of the Second Part
By:
---- --~------ ._-----_._~----_._-
--------------..-------. - ----..--------
------_. ------------.---- --~. .--.----------- -- -.-..-
Title
Attest:
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(Seal)
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(*) I,n 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.
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CONTRACT
THIS AGREEMENT made as of the 28th day of Auqust
in the year 19 7.!!- by and between the Board of County Conunissioners, Honroe County
Florida (hereinafter called OWNER) and
FRANK KEEVAN & SON, INC.
(hereinafter called CONTRACTOR)
WITNESSETH THAT OWNER AND CONTRACTOR in consideration of the mutual covenants
hereinafter set forth agree as follows:
Article 1. WORK. The CONTRACTOR shall perform all Work as specified or indicated
in the Contract Documents for the completion of the Project generally described as
follows:
CR-941
OLD BOCA CHICA ROAD
Article 2. ENGINEER. The Project has been designed by Reynolds, Smith and Hills,
Architects-Engineers~Planners, Incorporated, who will act as ENGINEER in connection
with completion of the Project in accordance with the Contract Documents.
~
Article 3. CONTRACT TIME. The Work will be completed within 120 days after the
date when the Contract Time conunences to run as provided in paragraph 2.5 of the
General Condition~. The CONTRACTOR shall conunence work within 10 calendar days after
receipt of Notice- to Proceed.
Article 4. CONTRACT PRICE. Owner shall pay the CONTRACTOR for performance of the
Contract subject to additions and deductions provided in the Contract Documents as
follows: /
Based upon the unit prices shown in
CONTRACTOR, the aggregate amount of this
Dollars ($ 204,528.00 ).
the proposal submitted to the OWNER by the
Contract is Two Hundred. FOllr Thnm::and Fiue
H1.IDdred TWenty-Eight and DO/lOa
Article 5. APPLICATIONS FOR PAYMENT. CONTRACTOR shall submit Applications for
Payment in accordance with Article 14 of the General Conditlbns, The Applications
for Payment will indicate the amount of the Contractor's Fee then payable. Applications
for Payment will be reviewed by ENGINEER as provided in the General Conditions.
Article 6. PROGRESS AND FINAL PAYMENTS. OWNER shall make progress payments on
the basis of CONTRACTOR'S Applications for Payment as approved by ENGINEER, on or about
30 days after receipt of the CONTRACTOR'S request for progress payments.
6.1 Progress payments will be made:
~
6.1.1 Prior to Substantial Completion, in an amount equal to:
90% of the Work completed, and
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2- L'i:
-.., ,
90% of material and equipment not incorporated in the Work but
delivered and suitably stored, less in each case the aggregate of pay-
ments previously made.
6.2 Upon final completion of the Work and settlement of all claims,
OWNER shall pay the remainder of the Contract Price.
Article 7. ACCOUNTING RECORDS, CONTRACTOR shall chesk all materials, equip-
ment and labor entering into the Work and shall keep such full and detailed
accounts as may be necessary for proper financial management under this Agree-
ment, and the system shall be satisfactory to OWNER. OWNER shall be afforded
access~to all CONTRACTOR'S records, books, correspondence, instructions, drawings,
receipts, vouchers, memoranda and similar ,data relating to the Cost of the Work.
Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the
contract between OWNER and CONTRACTOR are attached hereto and made a part hereto
and made a part hereof and consist of the following:
8.1 Notice of Calling for Bids
8.2 Instruction to Bidders
8.3 Proposal including Exhibits
,"""""
8.4 This Agreement including Exhibits
8.5 General Conditions
8.6 Supplementary Conditions
8.7 Spec-ifications & Plates
8.8 Addenda prior to execution of this Agreement
,
8.9 Modifications after execution of this Agreement
8.10 Drawings listed below:
. ',,,....~
Sheet No.
Title
v
I
Title Sheet
" ,
2
Typical Sections
3
Location Plan And Details
4
Plan and Profile
5-6
Cross Sections
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t- 2...5
"
,,~
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Article 9. MISCELLANEOUS
9.1 Terms used in this A'greement which are defined in Article 1 of the
General Conditions shall have the meanings indicated in the General Conditions.
9.2 Neither OWNER nor CONTRACTOR shall, without the prior written con-
sent of the other, assign or sublet in whole or in part his interest under any
of the Contract Documentsi and, specifically, CONTRACTOR shall not assign any
moneys due or to become due without the prior written consent of OWNER.'
9.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the Contract Documents.
9.4 The Contract Documents constitute the entire agreement between OWNER
and CONTRACTOR and may only be altered, amended or repealed by a duly executed
written instrument.
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IN WITNESS WHEREOF the parties
day and date first above written in
without proof or accounting for the
Contract.*
hereto have executed this Agreement on the
three (3) counterparts, each of which shall,
other counterparts, be deemed an original
Approved as to correctness of form:
BOARD OF COUNTY COMMISSIONERS
Monroe County
Party of the Pa
By:
~~~~~
Attorney for Monroe County, Florida
Chairman
A ~-t:e s t :-"--~
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County Clerk
Board of County Commissioners
Monroe County
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and Witnessed in the
FRANK KEEVAN &
Party of
INC,
Title
Attest:
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(*) 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.
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