Item C17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 17.18.2001
Division:
Public Works
Bulk Item: Yes ~ No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with R.L. James, Inc. for
the Courthouse Annex Stucco Repair, Painting, and Threshold Raising project, and authorization for
Mayor to execute same.
ITEM BACKGROUND: On December 21, 2000, a bid opening was held for the Courthouse Annex
stucco repair and painting project, including raising threshold elevations on the 3rd and 4th floors, with
R.L. James, Inc. being the lowest responsive bidder.
PREVIOUS RELEVANT BOCC ACTION: On February 16,2000, Monroe County BOCC approved to
advertise for bids for stucco repair and painting at the Key West Courthouse Annex. On October 18,
2000, BOCC approved to reject all bids and re-advertise revising the scope of work to include raising the
threshold elevations.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $91.013.00
BUDGETED: Yes X NO
Account #001-20501-530-340 - $71,013.00
and Hurricane Georges Insurance - $20,000.00
Cost to County: $91.013.00
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
OMBlPurchasing _ Risk Management
Item Prepared b .
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~ To follow
Not required
AGENDA ITEM # ~
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:
CONTRACT SUMMARY
Contract #
RL. James. Inc.
Effective Date:
Expiration Date:
01
/17 101
I I
Contract Purpose/Description:
Courthouse Annex Stucco Repair. Painting. and Threshold Elevations.
Contract Manager Ann Mytnik
(Name)
4431 Facilities Maintenance
~n) ~~~roQ
for BOCC meeting on 12/17 .18/01
Agenda Deadline: 01103/01
CONTRACT COSTS d1~
. -)'-JI"'"""'
Total Dollar Value of Contract: $ 91.013.00 Current Year PortIon: $ 91.013.00
Budgeted? Yes ~ No _ Account Codes: 001 - 20501 - 530 - 340 -
Grant: $ NI A
County Match: $ NI A
-'I 0 {'" " ...,
~3"
Estimated Ongoing Costs: $ NIA
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No () () .a. tJ
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Date Out
County Attorney
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~Mana~ent
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OMB Fonn Revised 8/30/95 MCP #2
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this 17th day of January, 2001, A.D. by and between
Monroe County, Florida, (hereinafter called the "Owner"), and R.L. James. Inc. (hereinafter called the
"Contractor").
WITNESSED:
as follows:
That the parties hereto, for the consideration hereinafter set forth, mutually agree
3.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part, consists
of the contract documents.
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, general conditions, the specifications, all
change orders, and any addenda issued hereafter, any other amendments hereto executed by the
parties hereafter, together with the bid proposal and all required insurance documentation.
3.03 SCOPE OF WORK
The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and
transportation, and perform all of the work described in the Specification entitled:
MONROE COUNTY COURTHOUSE ANNEX
STUCCO REPAIR AND PAINTING
And his bid dated December 14, 2000, attached hereto and incorporated as part of this contract
document, and shall do everything required by this Contract and other Contract Documents.
3.04 THE CONTRACT SUM
The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful
money of the United States, the sum of ninety-one thousand thirteen dollars and zero cents
($91,013.00).
3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the
Owner, and his decision shall be final and binding upon all parties.
B. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall
not operate as a waiver by the Owner of strict compliance with the terms of this Contract, 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 the Contract 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
00500- I
found to be defective or to fail in anyway to comply with this Contract or with the
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. 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 Specifications.
3.06 LIQUIDA TED DAMAGES
Time is of the essence of this Contract and should the Contractor fail to complete the repairs
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
Fifty Dollars ($50.00) per calendar day for the first 15 days, $100.00 per day for the second 15
days, and $250.00 per day thereafter, 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 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.
3.07 PAYMENTS
In accordance with the provisions fully set forth, and subject to additions and deductions as
provided, the Owner shall pay the Contractor as follows:
The County shall pay to the Contractor upon completion of the approved schedule of values for
mobilization, on-site stored materials (accompanied by an invoice), and insurance. Balance
will be paid upon satisfactory completion of the project.
The Owner will, within ten days after receipt of each application for payment, either process
payment or return the application to the Contractor indicating in writing the Owner's reasons
for refusing to recommend payment. In the latter case, the Contractor may make the necessary
corrections and resubmit the application. Twenty days after presentation of the application for
payment with the Owners recommendation, the amount recommended will become due and
will be paid to the Contractor.
3.08 TERM OF CONTRACT
A. This contract shall commence within ten days from obtaining permit, and shall expire sixty (60)
calendar days, unless otherwise noted by change order.
B. Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so. The county may terminate this agreement
for cause with 7 days written notice of its intent to do so.
00500-2
3.09 HOLD HARMLESS
The Contractor shall defend, indemnify and hold harmless the Monroe County Board of County
Commissioners.
3.10 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the contractor or any
of his/her employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
3.11 ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
3.12 ASSIGNMENT
The contractor shall not assign or subcontract this agreement, except in writing and with the
prior written approval of the Board of County Commissioners for Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Owner and
Contractor may deem necessary. This agreement shall be incorporated by reference into any
assignment or subcontract, and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any obligation upon the Owner in addition to the total
agreed-upon price of the services/goods of the contractor, nor relieve the contractor of is
obligations under this contract.
3.13 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Owner to terminate this contract immediately upon delivery of written notice of
termination to the contractor.
\ 3.14 INSURANCE
Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL1, and VL1, each
attached hereto and incorporated as part of this contract document.
3.15 FUNDING AVAILABILITY
00500-3
In the event that funds from Facilities Mairihmance Contractual Services are partially reduced
or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the
services/goods specified herein, this agreement may then be terminated immediately at the
option of the Owner by written notice of termination delivered in person or by mail to the
Contractor. The Owner shall not be obligated to pay for any services provided by the
Contractor after the Contractor has received written notice of termination.
3.16 PROFESSIONAL RESPONSmILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, subject to the terms and conditions set
forth in the Public Works Specification Manual entitled "Key West Courthouse Annex Stucco
Repair and Painting", which is attached hereto and incorporated herein as a part of this
contract/agreement. The provider shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided.
Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or
federal certification and/or licensure of contractor.
3.17 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the
following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
R.L. James, Inc.
6301 Arc Way
Ft. Myers, FL 33912
3.18 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida.
00500-4
3.19 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
above written in four (4) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original Contract.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Date:
(SEAL)
Attest:
CONTRACTOR
R.L. James, Inc.
By:
WITNESS
By:
Title:
Title:
By:
WITNESS
Title:
00500-5