Item C17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
03/20-21/02
Division:
Public Works
Bulk Item: Yes -X-
No
Department: Engineering
AGENDA ITEM WORDING: Approval to award the bid and enter into a contract with BEE BROTHERS
DEVELOPMENT, me. in the amount of $60,280 for the Animal Shelter Sewer Collection System and
Drainage.
ITEM BACKGROUND: The date of the bid opening was January 23,2002. One bidder responded: Bee
Brothers Development, Inc. with a base bid of $60,280 plus an Add Alternate #1 in the amount of $32,500, for a
total bid in the amount of $92,780. However, Add Alternate # 1 (injection well) is no longer needed, therefore,
we are only recommending approval of the base bid of $60,280. This is the second time we bid this project.
The base bid the first time was $76,000, plus add alternate #1 for $39,000, totaling $115,000.
PREVIOUS REVELANT BOCC ACTION: On November 20,2001, the BOCC approved the
recommendation to reject the bid in the amount of$115,000 submitted by Bee Brothers Development,
Inc. at the original bid opening on October 16, 2001.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
$60,280.00
BUDGETED: Yes -X- No
Account #304-24000-56062-PE020 1-530340
COST TO COUNTY:
$60.280.00
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -X-
OMBZ';n~M~gement X
DaV~~t ~
&1DentPierce Zj/S/6z--
ITEM PREPARED BY:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # ~7
/
/
Revised 2/27/01
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: BEE BROTHERS Contract #
DEVELOPMENT, INC.
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval to award bid and enter into a Contract with BEE BROTHERS DEVELOPMENT
INC. in the amount of $60,280.00 for The Animal Shelter Sewer Collection System and
Drainage.
Contract Manager: David S. Koppel, PE(}J 4426 EnlZineering/# 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 03120-21/02 Agenda Deadline: 03/06/02
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes ~ No 0
Grant: $
County Match: $
60,280.00 Current Year Portion: $
Account Codes: 304-24000-560620-PE020 1-530340
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc}"
CONTRACT REVIEW
Changes ~
Date In Needed /. iew ^
Division Director 21''1-102- YesONoO -b-k--~
RiskManagement ?!/J !()'2-J{esDNor;;r a.~ ~
O.M.B./Purchasing d13\o-;;tyesO Nif
County Attorney RU :,2-/0 z... YesO No
Comments: ~ p~ I ~
Date Out
2-{ -
.~ --~~
OMB Form Revised 2/27/01 Mep #2
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 TWO
(In Words. indicate day. month and 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)
Bee Brothers Development, Inc.
8362 Pines Boulevard, #258
Pembroke Pines, Florida 33024
For the following Project:
(Include detailed description of project,
location, address and scope)
Animal Shelter Sewer Collection System & Drainage
Stock Island, 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.
02/05/02
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
(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 Documents.)
Ninety (90) calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
(Insert provisions if any for Uquidated damages relating to failure to complete on time)
Liquidated damages will be assessed at the rate of $100.00 per normal working day for the first
fifteen days, $200.00 per day for the next fifteen days and $750.00 on day 31 and everyday
thereafter 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 SIXTY THOUSAND TWO HUNDRED EIGH'lY AND NO/lOO- Dollars ($60,280.00), subject
to additions and deductions as provided in the Contract Documents.
02/05/02
Standard Form of Agreement Between Owner and Contractor
00500-2
. 4.1.1 At the owner's option, the owner shall pay the Contractor in current funds for the Contractor's
performance of the Contract the Alternate Contract Sum of ZERO AND NO /100- Dollars ($-0-), 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
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be nuuJe by the Owner subsequent to the execution of
this Agreement. Attach a schedule of such other alternates shuwing 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, 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.
5.3 Provided an Application for Payment is submitted to the Construction Manager not later ~ 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:
02/05/02
Standard Form of Agreement Between Owner and Contractor
00500-3
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.
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 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:
at it is intended, prior to Substantilll completion of the entire Work, to reduce or limit the retainage resulting from 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 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.
02/05/02 Standard Form of Agreement Between Owner and Contractor 00500-4
(Insert 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 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 respect 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
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
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 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
July 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:
02/05/02
Standard Form of Agreement Between Owner and Contractor
00500-5
(Either list the Spedfications 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 tire Drawings /rere 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.
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 forms 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
(SEAL)
Attest:
CONTRACTOR
Date
By:
By:
Title:
Title:
02/05/02
Standard Form of Agreement Between Owner and Contractor
00500-6