Item C23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
01/16-17/02
Division:
Public Works
Bulk Item: Yes -X- No
Department: Engineering
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with B.A.T
CONSTRUCTION, INC. in the amount of $384,905.65 for Rockland Key Roads I.
ITEM BACKGROUND: The date of the bid opening was December 4,2001. Two bidders responded:
RA.T. Construction, Inc. in the amount of$384,905.65 and Community Asphalt in the amount of$467,618.60.
PREVIOUS REVELANT BOCC ACTION: The BOCC approved the Seven-Year Plan on
November 20,2001.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
$384,905.65
BUDGETED: Yes -X- No
Account #102-22506-510630 R99301-530340
COST TO COUNTY:
$384,905.65
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -X- OMB/Purchasing ~
6l~~
D!v1S, }oppe
DIVISION DIRECTOR APPROVAL: ' if ~
Risk Management X
ITEM PREPARED BY:
ounty Engineer
Dent Pierce
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # /- ~ -tJ2,J
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: RA.T. Construction, Inc.
Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
A roval to award bid and enter into a Contract with B.A.T. CONSTRUCTION, INC.
in the amount of$384,905.65 for Rockland Ke Roads 1.
Contract Manager: David S. Koppel, PE
(Name)
4426
(Ext. )
for BOCC meetin on 01/16-17/02
A enda Deadline: 01/02/02
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes I{J No 0
Grant: $
County Match: $
384,905.65 Current Year Portion: $
Account Codes: 1 02-22506-560630-R9930 1-530340
- - -
----
- - - -
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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
Risk Management
Changes. 62
Date In Needed _~~v;/lfer
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Date Out
Division Director
/-?-V 2-
O.M.B./Purchasing
County Attorney
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.' Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
made as of the
THOUSAND AND TWO
(Ill Words. illdicate day. month alld year.)
day of
in the year of TWO
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)
B.A.T. Construction, Inc.
121 US Highway One Suite 106
Key West, Florida 33040
For the following Project:
(Include detailed description of project, location, address and scope)
Rockland Key Roads I
Rockland Key, Monroe County, Florida
The Construction Manager is:
(Name and address)
Monroe "County Engineer
The Architect is:
(Name and Address)
Monroe County Engineer's designee
The Owner and Contractor agree as set forth below.
12/28/01
Standard Form of Agreement Between Owner and Contractor
00500-1
ARTICLE 1
The Contract Documents
The eontract Documents consist of this Agreement, eonditions of the eontract (General, Supplementary and other
eonditions), 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 eontract, and are as fully a part of
the eontract as if attached to this Agreement or repeated herein. The eontract represents the entire and integrated agreement
between thc parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the eontract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The eontractor shall execute the entire Work described in the eon tract Documents, except to the extent specifically indicated
in the eontract 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 eontract 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 eontractor shall notify the
Owner, through the eonstruction Manager, in writing not less than five days before commencing the Work.
3.2 The eontractor 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 portiollS of the Work, ifnot stated elsewhere in the Contract Documents.)
One Hundred Twenty (120) calendar days from date of Commencement.
subject to adjustments of the eontract Time as provided by the eontract Document
(IlISert 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 eontractor in current funds for the eontractor's performance of the eontract the eontract
Sum of THREE HUNDRED EIGHTY-FOUR THOUSAND NINE HUNDRED FIVE AND 65/100-Dollars
($384,905.65), subject to additions and deductions as provided in the eontract Documents.
4.2 The eontract Sum is based upon the following alternates, if any, which are described in the eontract 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. AlIach a schedule of such other alternates showing the amountfor each and the date until which that amount is valid.)
4.3 Unit prices, if any, are as follows:
12/28/01
Standard Form of Agreement Between Owner and Contractor
00500-2
Unit prices as specified on Bid Form for this project from Section 00 II 0 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 eontractor to the eonstruction Manager, and upon Project
Applications and eertificates for Payment issued by the eonstruction Manager and Architect, the Owner shall make progress
payments on account of the eontract Sum to the contractor as provided below and elsewhere in the eontract 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 eonstruction Manager not later than the First day of a
month, the Owner shall make payment to the eontractor not later than the Twentieth day of the Same month. If an
Application for Payment is received by the eonstruction Manager after the application date fixed above, payment shall be
made by the Owner not later than Twenty days after the eonstruction Manager receives the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the eontractor in
accordance with the eontract Documents. The Schedule of Values shall allocate the entire eontract 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
eonstruction Manager or Architect may require. This schedule, unless objected to by the eonstruction Manager or
Architect, shall be used as a basis for reviewing the eontractor'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 eontract Documents, the amount of each progress payment shall be computed as
follows:
5.6.1 Take that portion of the eontract 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 eon tract 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 eon tractor to the Owner for a deletion or change, which results in a net decrease in the eontract Sum, shall be
actual net cost as confirmed by the eonstruction 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 eontract 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
offthe 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 eonstruction Manager or Architect has withheld or nullified a eertificate 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:
12/28/01
Standard Form of Agreement Between Owner and Contractor
00500-3
5.7.1 Add, upon Substantial eompletion of the Work, a sum sufficient to increase the total payments to Ninety percent
(90%) of the eontract Sum, less such amounts as the eonstruction 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 ofthe eontractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General eonditions.
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 hereprovisionsforsuch reduction or
limitations)
NONE.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the eontract Sum, shall be made by the Owner to the eontractor
when (1) the eontract has been fully performed by the eontractor except for the eontractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General eonditions and to satisfy other requirements, if
any, which necessarily survive final payment: and (2) a fmal Project eertificate for Payment haws been issued by the
eonstruction Manager and Architect: such final payment shall be made by the Owner not more than 20 days after the
issuance of the final Project eertificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General eonditions or another eontract Document,
the reference refers to that provision as amended or supplemented by other provisions of the eontract Documents.
7.2 Payments due and unpaid under the eon tract 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 agrecd upon, if any)
Zero Percent (0%)
(Usury laws and rcquircments under the Fcderal Truth in Lending Act. similar state and local consumer credit 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 respcct 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
'!WO for a period of 36 months from the date of being placed on the convicted vendor list.
12/28/01
Standard Form of Agreement Between Owner and Contractor
00500-4
7.6 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 eon tract may be terminated by the Owner or the eon tractor as provided in Article 14 of the General
eonditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General eonditions.
Article 9
Enumeration of Contract Documents
9.1 The eontract 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 eontractor.
9.1.2 The General eonditions are the General eonditions of the eontract for eonstruction.
9.1.3 The Supplementary and other eonditions of the eontract are those contained in the Project Manual dated September
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 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 ofthe 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 eontract 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:
12/28/01 Standard Form of Agreement Between Owner and Contractor
00500-5
(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 invilalionto 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.
(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:
DATE
"",~"",~""""","""""'-J""'"
12/28/01
END OF SECTION 00500
Standard Form of Agreement Between Owner and Contractor
00500-6