Item C27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2004
Division:
Public Works
Bulk Item: Yes ~ No
Department: Engineering
AGENDA ITEM WORDING: Approval of a contract with H & R Paving in the amount of $738, 1 00.00
for Card Sound Road Improvements.
ITEM BACKGROUND: On April I, 2004 five bids were received: (1) H & R Paving in the amount
of$738,100.00; (2) APAC-Southeast, Inc. in the amount of $766,107.80; (3) Community Asphalt
Corp. in the amount of $850,668.20; (4) General Asphalt Co., Inc. in the amount of$868,773.05; and
(5) Pavex Corporation, d/b/a Ranger Construction South in the amount of$I,042,418.81. The
engineer's estimate is $1,039,442.87.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Seven-Year Plan on
December 17,2003.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
$738.100.00
BUDGETED: Yes'~ No
COST TO COUNTY: $184.525.00
SOURCE OF FUNDS:FDOT 75%: $553,575.00
Card Sound Road To1125%: $184,525.00
REVENUE PRODUCING: Yes
No ~ AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _
OMByZ-~kManagement_
David S. Koppel, County Engineer
(WrYJ~~~ ~2/liJO'-(
Dent Pierce
ITEM PREPARED BY:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included ~
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # C.z rJ
Revised 1/03
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: H & R PAVING.
Contract #
Effective Date:
Expiration
Date:
Upon Execution
120 calendar days from date
of commencement
Contract Purpose/Description:
A roval to award bid and enter into a Contract with H & R Pavin , Inc. in the
amount of$737,100.00 for Card Sound Road 1m rovements.
Contract Manager: David S. Koppel, PE
(Name)
4426
(Ext.)
for BOCC meeting on 04/21/04
Agenda Deadline: 04/06/04
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes IlJ No 0
Grant: $ 553,575.00
County Match: $ 184,525.00
738,100.00 Current Year Portion: $
AccountC~~~~~~-530340
- - ....- -
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
B~!ej~..L Needed
~ I YesONoO
Date Out
Risk Management Jf/~/(1'f Y esO No~
O.M.B./Purchasing rfW Yes@'NoD tl.~ '1-6.-0
County Attomey 'I-iUJq YesDNo~ _ . -.r-O
CO~~~_ flo/U I{eov 1~, ch~~
Bu\\J(r~ ~\l: \"V\.\~~nt4' "".t- l\ec.esS4 ~
OMB Form Revised 2/27/01 MCP #2
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the day of
(In Words, indicate day, month and year.)
in the year of TWO THOUSAND FOUR
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
H & RPAVING, INe.
1955 NW 1 10th Avenue
Miami, Florida 33172
For the following Project:
(Include detailed description of project, location, address and scope)
Card Sound Road Improvements
Key Largo, Monroe County, Florida
The Construction Manager is:
(Name and address)
Monroe County Engineer
The Architect is:
(Name and Address)
Monroe County Engineer's designee
02/0 1/04 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-1
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions ofthe Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this
Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations or agreements, eitl1er written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated
in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the
date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be
fixed in a notice to proceed issued by the Owner.
Ten (10) calendar days from Notice to Proceed unless otherwise agreed in writing by Contractor and
Construction Manager.
Unless the date of commencement is established by a notice to proceed issued by the Qwner, the Contractor shall notifY the
Owner, through the Construction Manager, in writing not less than five days before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of
certain portions of the Work, if not stated elsewhere in the Contract Documents.)
One-Hundred Twenty (120) calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
(Insert provisions if any for liquidated damages relating to failure to complete on time>)
As listed in Milestone Schedule, section 00350-1 of the Project Manual.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds .for the Contractor's performance of the Contract the Contract
Sum of Seven Hundred Thirty-Eight Thousand one hundred and no/lOO-----Dollars ($738,100.00), subject to additions and
deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and
are hereby accepted by the Owner: None
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution
of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.)
4.3 Unit prices, if any, are as follows;
02/01/04
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-2
Unit prices as specified on Bid Form for this project from Section 00110 of Project Manual for this
project, as submitted by Contractor and accepted for award of contract by Momoe County Board of
County Commissioners.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project
Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress
payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the
month, or as follows:
Thirty days (30) after commencement of the work and every thirty days thereafter until completion of
the project.
5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day of a
month, the Owner shall make payment to the Contractor not later than the Twentieth day of the Same month. Ifan
Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be
made by the Owner not later than Twenty days after the Construction Manager receives the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the
Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect,
shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of
the period covered by the Application for Payment.
5.6 Subj ect to the provisions of the Contract Documents, the amount of each progress payment shall be computed as
follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the
percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the
Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of
changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be
allowed by the Contractor to the Owner for a deletion or change, which results in a net decrease in the Contract Sum, shall be
actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if
any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at
the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored
off the site at a location agreed upon in writing), less retainage of Ten percent (10%).
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, ifany, for which the Construction Manager or Architect has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the
following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent
(90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for
incomplete Work and unsettled claims: and
02/01/04
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-3
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retain age, if any, shall be as follows:
(/fit is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or
limitations)
NONE.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor
when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any,
which necessarily survive fmal payment: and (2) a fmal Project Certificate for Payment haws been issued by the Construction
Manager and Architect: such final payment shall be made by the Owner not more than 20 days after the issuance of the final
Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,
the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Insert rate of interest agreed upon, if any)
Zero Percent (0%)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer cl'etjit laws and other regulations at the Owner's
and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be
obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
7.3 Temporary facilities and services:
(Here insert temporary facilities and services, which are different from or in addition to those, included elsewhere in the Contract Documents.)
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
02/01/04
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-4
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February
2004, and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number
Title
Date
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.6 The Addenda, ifany, are as follows:
Number:
1
Date:
March 22, 2004
Pages: 2
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements
are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
(List here any additional documents, which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements
such as advertisement or invitation to bid. Instructions to Bidders, sampleforms and the Contractor's bid are not part of the contract Documents unless
enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents.)
This Agreement is entered into as of the day and year first written above and is executed in at least four
original copies of which one is to be delivered to the Contractor, one each to the Construction Manager
and Architect for use in the administration of the Contract, and the remainder to the Owner.
02/01/04
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-5
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor/Chairman
Date
(SEAL)
Attest:
CONTRACTOR
By:
By:
Title:
Title:
~,..,~
END OF SECTION 00500
MONROE COUNTY ATTORNEY
P OV RM:
02/01/04 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-6