Item C25
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Augu~ 15.16.2001
Division: Public Works
..'
Bulk Item: Yes X_No
Department: Engineering/Construction Management
AGENDA ITEM WORDING: Approval to rescind the contract awarded to Florida Concrete
Restoration for the Marathon Library Repair project for $92,700.00 and award the bid and enter into
contract with the other bidder, TPE Structures, Inc., for the base bid and Alternates A, B & C in the
amount of $95,102.00.
ITEM BACKGROUND: On March 28,2001, Two sealed bids were received and opened for the
Marathon Library project. The low bidder was Florida Concrete Restoration, in the amount of
$74,150.00 (with Alternates A, B & C, $92,700.00) followed by TPE Structures, Inc. in the amount of
$85,846.00, (with Alternates A, B & C, $95,102.00). The budgeted amount for this project is
$100,000.00. The Alternates are for some additional stucco, spalling repair and painting. The bid
was awarded to Florida Concrete Restoration in May and the contract remains unsigned as the
contractor is unable to obtain the necessary Performance Bond. We recommend awarding the
contract to the second low bidder, as work needs to begin as soon as possible.
PREVIOUS REVELANT BOCC ACTION: On October 18,2000, BOCC rejected bids and approved to
readvertise due to the fact that original bids came in over the $100,000.00 budgeted amount. On
May 16,2001, BO'CC granted approval to award bid and enter into contract with Florida Concrete
Restoration.
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST $95,102.00
BUDGETED: Yes 1L- No
Account# 304-25000-CC9824-560-630
COST TO COUNTY: $95,102.00
REVENUE PRODUCING:
x
AMOUNT PER MONTH
Year
APPROVED OMB/Purchasing R, isk Man~~ge ,ent
Item Prepared by: CJ d~ -
Stephanie L. offer, Construction Manager David ~I, P.E., County Engineer
DMSION DIRECTOR APPROVAL: 7P~ ~
Dent Pierce, Division Director
DOCUMENTATION: Included .1L-
To Follow_
Not Required_
AGENDA ITEM # /-- c.,..J~
DISPosmON:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
TPE Structures, Inc.
Contract #
Effective Date:
Expiration Date:
N/A
8/15/01
.,.
lers,
Contract Manager: Stephanie L. Coffer
(Name)
4468
(Ext. )
En ./Construction Mana ement
(Department/Stop #)
for BOCC meetin on
Aug 15,16,2001 Agenda Dead1ine: Aug 1,2001
CONTRACT COSTS
Total Dollar Value of Contract: $ $95,102.00 Current Year Portion: $ .-
Budgeted? Yes[gJ No D Account Codes: ---- 304-25000J-CC9824-~
Grant: $ ---- 5?X:>3'fO~
County Match: $ SIPOlPZ,O
Estimated 09going Costs: $/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Date Out
-;-)/0/
Division Director
S" 3 0 I
County Attorney
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Section 00500
Standard Form of Agreement
Between Owner and Contractor
"t.'
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the Fifteenth day of August in the year of TWO THOUSAND ONE
(In Words. indicate day. month and year.)
BETWEEN the Owner:
(Name and address)
and the Contractor:
(Name and address)
For the following Project:
(Include detailed description of project,
:t
location, address and scope)
The Construction Manager is:
(Name and address)
The Architect is:
(Name and Address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
TPE Structures Inc.
PO Box 2066
Key West, FL 33045
Public Library, George Dolezal Branch
U.S. Highway No.1
Marathon, Florida
Stephanie Coffer
Construction Management
Monroe County Engineering Department
5100 College Road
Key West, Florida 33040
William P. Horn
915 Eaton Street
Key West, Florida 33040
The Owner and Contractor agree as set forth below.
,I
i
Ii
iI'
;[";,1,
:'
7/31/01
00500-1
Standard Form of Agreement Between Owner and Contractor
i
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 inregrated
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.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the
Owner, throug)l 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 IWt 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)
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 Ninety Five Thousand One Hundred Two Dollars/100 Dollars ($95,102.00), subject to additions and deductions
as provided in the Contract Documents.
7/31/01
Standard Form of Agreement Between Owner and Contractor
00500-2
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: Alternate A $2,224.00; Alternate B $3,072.00; Alternate C $3960.00; Alternate
D $6144.00.
(State the /lumbers 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:
1. New concrete piers: $530.00/pier
2. Square foot of Elastomeric painting: $1.28/s.f.
3. Square foot of stucco painting: $.64/s.f.
4. Spalling repair per pier for existing piers under slab: $330.00/pier.
5. Linear foot cost for slab edge repair: $125.00/lin. ft.
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.
:t
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, shal~ 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
7/31/01
Standard Form of Agreement Between Owner and Contractor
00500-3
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, 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 peroent
(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 intended, 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. insert here provisions for such reduction or
limitations)
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 otheuequirements, 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 fmal payment shall be made by the Owner not more than 20 days after the
issuance of the fmal 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.
(1nsen rate of interest agreed upon, if any)
7/31/01
Standard Form of Agreement Between Owner and Contractor
00500-4
(Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Colllract Documents.)
7.4 Other Provisions:
(Here list any special provisions affecting the Contract.)
1. "Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by
the Board of County Commissioners."
2. FY02 budget for this project must be increased prior to adoption.
~.,
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 June
2000, and are as follows:
tI
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 Agreemelll.)
Number
Title
Date
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
8/2/01
Standard Form of Agreement Between Owner and Contractor
00500-5
9.1.6 The Addenda, if any, are as follows:
Number
1
Date
3/13/01
Pages
2
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bid~ing
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 documellls which are illlended to form part of the Contract Documents, The General Conditions provide that bidding
requiremellts such as advertisemelll or invitation to bid. Instructions to Bidders. sample forms and the COlllractor's bid are not part of the contract
Documellls unless enumerated in this Agreemelll. They should be listed here only If illlended to be part of the Colllract Documellls.)
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
:t
(SEAL)
Attest:
CONTRACTOR
By:
By:
Title:
Title:
END OF SECTION 00500
7/31/01
Standard Form of Agreement Between Owner and Contractor
00500-6