Item C24
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
01/16-17/02
Division:
Public Works
Bulk Item: Yes ~
No
Department: Engineering
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with TOPPINO'S INC. in
the amount of $944,858.05 for Palm Avenue Roadway Improvements.
ITEM BACKGROUND: The date of the bid opening was October 25,2001. Two bidders responded:
Toppino's Inc. in the amount of$944,858.05; and B.A.T. Construction, Inc. in the amount of$I,099,991.62.
The scope of work includes a complete retrofit of the stormwater management system, the construction of a bike
path, plenty oflandscaping, and a resurfacing of the roadway.
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:
$944.858.05
BUDGETED: Yes ~ No
Account #102-22506-510630 R00300-530340
COST TO COUNTY:
$944.858.05
REVENUE PRODUCING: Yes
No.-X AMOUNTPERMONTH_ Year
APPROVED BY: County Arty ~
Risk Management X
ITEM PREPARED BY:
DIVISION DIRECTOR APPROVAL:
dV"~ounty Engineer
. & :lJtt1-/..
Dent Pierce
DOCUMENTATION:
Included ~_
To Follow_
Not Required
DISPOSITION:
AGENDA ITEM # / -~ ~y
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Toppino's Inc. Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval to award bid and enter into a Contract with TOPPINO'S INe.
in the amount of$944,858.05 for Palm Avenue Roadway Improvements.
Contract Manager: David S. Koppel, PE 4426 Engineering/# 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 01/16-17/02 Agenda Deadline: 01/02/02
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes I{J No 0
Grant: $
County Match: $
944,858.05 Current Year Portion: $
Account Codes: 102-22506-560630- R00300-530340
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Date Out
Date In
"-
Division Director
Risk Management
OMB Form Revised 2/27/01 Mep #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
THOUSAND AND TWO
(In Words. il/dicate day. mOl/th and year.)
day of
in the year of TWO
BETWEEN the Owner:
(Name and addres~~
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
Toppino's Inc.
Post Office Box 787
Key West, Florida 33041
For the following Project:
(Include detailed description of project, location, address and scope)
Palm Avenue Roadway Improvements
Key West, 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.
7/17/01
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 ofthis 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 the 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 eon tractor 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 eon tractor shall achieve Substantial eompletion 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 Documel/ts.)
One Hundred Eighty (180) calendar days from date of Commencement.
subject to adjustments of the eontract Time as provided by the eontract 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 eontractor in current funds for the eontractor's performance of the eontract the eontract
Sum of NINE HUNDRED FORTY-FOUR THOUSAND EIGHT HUNDRED FIFTY-EIGHT and 05/100-Dollars
($944,858.05), 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. Attach a schedule of such other alternates showing the amountfor each and the date until which that amount is valid.)
7/17/01
Standard Form of Agreement Between Owner and Contractor
00500-2
4.3 Unit prices, if any, are as follows:
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 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 eon tract 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 ofa
month, the Owner shall make payment to the eontractor not later than the Twentieth day of the Same month. Ifan
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 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 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 eontract 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 eontractor 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 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
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
7/17/01
Standard Form of Agreement Between Owner and Contractor
00500-3
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:
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 of the eontractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General eonditions.
5.8 Reduction or limitation of retain age, ifany, shall be as follows:
(!fit is illtended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resultillgfrom 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 provisiollS for such reduction or
/imitations)
NONE.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance ofthe 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 final Project eertificate for Payment haws been issued by the
eOllstruction 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 anothereontract 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 eontract 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 ill tel' est agreed UPOIl, if any)
Zero Percent (0%)
(Usury laws alld requirements under the Federal Truth in Lelldillg Act, similar state and local cOlISumer credit laws and other regulations at the Owner's
alld Contractor's principal places of busilless, the locatioll of the Project alld elsewhere may affect the validity of this provisioll. Legal advice should be
obtained with respect to deletiollS or modificatiolls, and also regarding requirements such as written disclosures or waivers.)
7.3 Temporary facilities and services:
(Here insert temporary facilities and services, which are diflerentfrolll or in addition to those, included elsewhere in the Contract Documents.)
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
7/17/01
Standard Form of Agreement Between Owner and Contractor
00500-4
.. ARTICLE 8
Termination or Suspension
8.1 The eontract 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 August
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 of the Project Manual for this project.
9.1.6 The Addenda, ifany, are as follows:
Number
1
2
Date
October 5,2001
October 11, 2001
Pages
2
2
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:
(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. sample fornz.r and the Contractor s bid are not part of the contract Documents unless
enumeralad tn this Agreament. They should be listed hare only if intended to be part olthe Contract Documents.)
7/17/01
Standard Form of Agreement Between Owner and Contractor
00500-5
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:
END OF SECTION 00500
7/17/01
Standard Form of Agreement Between Owner and Contractor
00500-6