Item C38
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
06/20- 21/0 I
Division:
Public Works
Bulk Item: Yes -X- No
Department: Engineering
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with GENERAL ASPHALT
CO. in the amount of$204,493.12 for Key Largo Roads XV.
ITEM BACKGROUND: The date of the bid opening was May 24, 2001. Four bidders responded: General
Asphalt Co., Inc. in the amount of $204,493.12; Homestead Concrete & Drainage in the amount of$234,669.12;
Pavex Corp in the amount of$262,408.70; and Community Asphalt in the amount of$289,008.50.
PREVIOUS REVELANT BOCC ACTION: The BOCC approved the Seven-Year Plan on
December 13,2000.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
$204.493.12
BUDGETED: Yes X No
Account #102-22506-560630 R99300 ~~~~c.to
COST TO COUNTY:
$204.493.12
REVENUE PRODUCING: Yes
APPROVED BY:
County Atty L
No~ 'AMOUNTPERMONTH_ Year
xcJ(( .
nty Engineer i J /
, ?f'fcl
~
Dent Pierce
ITEM PREPARED BY:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included L
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM#~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
.
,
Contract with: GENERAL ASPHALT CO. Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval to award bid and enter into a Contract with GENERAL ASPHALT
CO. in the amount of $204,493. 12 for Key Largo Roads XV.
Contract Manager: David S. Koppel, PE 4426 Engineering/# I
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 06/20-21/01 Agenda Deadline: 06/06/0 I
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes ~ No D
Grant: $
County Match: $
204,493.12 Current Year Portion: $
Account Codes: 102-22506-560630- R99300 -5303 40
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Date In
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Comments:
OMB Form Revised 2/27/01 MCP #2
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Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the
TWO THOUSAND ONE
(In Wordr, indicate day. month and year.)
day of
in the year of
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)
General Asphalt Co.
4850 N.W. 72 Avenue
Miami, Florida 33166
For the following Project:
(Include detailed description of project,
location, address and scope)
Key Largo Roads XV
Key Largo, Monroe County, Florida
The Construction Manager is:
(Name and address)
Monroe County Engineer
The Architect is:
(Name and Address)
Monroe County Engineer
The Owner and Contractor agree as set forth below.
3/28/01
Standard Form of Agreement Between Owner and Contractor
00500-1
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the 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, either 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 Owner, 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
([nsen the calendar dale or number of calendar days after the dale of commencement. Also insen any requirements for earlier Substantial Completion of
cenain ponions 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
([nsen provisions if any for liquidated danulges relating to failure to complete on time)
Liquidated damages will be assessed at the rate of $250.00 per normal working day following
anticipated Substantial Completion date described above until such time as Substantial Completion is
achieved.
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 TWO HUNDRED FOUR THOUSAND FOUR HUNDRED NINETY THREE AND 12/100 Dollars
($204,493.12), 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
3/28/01
Standard Form of Agreement Between Owner and Contractor
00500-2
(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:
Unit prices as specified on the 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 Monroe County
Board of County Commissioners.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, aQd 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 Twenty-first day of the Same month. If an
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 Subject 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.
3/28/01
Standard Form of Agreement Between Owner and Contractor
00500-3
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 ofTen percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, 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
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 retainage, if any, shall be as follows:
(If it is in/ended. prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages insened in
Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insen 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 final payment: and (2) a final 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.
(lnsen 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 credit laws and other regulations at the Owner's
and Con/ractor'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 requiremen/s such as written disclosures or waivers.)
7.3 Temporary facilities and services:
(Here insen temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.)
3/28/01
Standard Form of Agreement Between Owner and Contractor
00500-4
7.4 Other Provisions:
(Here list any special provisions affecting the Contract.)
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project
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.
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 2001, 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 containe~ 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, if any, are as follows:
Number
Date
Pages
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.
3/28/01
Standard Form of Agreement Between Owner and Contractor
00500-5
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
(List here any additional documents which are interuied to form pan of the Contract Documents. The General Coruiitions provide that bidding
requirements such as advenisement or invitalion to bid. Instructions to Bidders, sample forms and the Contractor's bid are not pan of the contract
Documents unless enumeraled in this Agreement. They should be listed here only If interuied to be pan 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.
(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:
"'. I,
I"J'"-~-"'-"'I".J-"'-",-",
END OF SECTION 00500
3/28/01
Standard Form of Agreement Between Owner and Contractor
00500-6