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Item C14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 04/15/02 Division: Public Works Bulk Item: Yes -1L- No Department: Engineering AGENDA ITEM WORDING: Approval to award bid and enter into a contract with GENERAL ASPHALT CO. in the amount of$I,802,569.50 for Stock Island Roads II. ITEM BACKGROUND: The date of the bid opening was April 16, 2002. Two bidders responded: General Asphalt Co., Inc. in the amount of$I,802,569.50; and Community Asphalt in the arnount of $2,259,422.89; with the Engineer's estimate being $1,991,530.91. 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: $1.802,569.50 BUDGETED: Yes -1L- No Account #102-22506-560630 R97304-530340 COST TO COUNTY: $1.802.569.50 REVENUE PRODUCING: Yes NoL AMOUNTPERMONTH_ Year ITEM PREPARED BY: OMB/Purchasing ~ Risk Management t1J~ D~id S. Koppel, Coun x APPROVED BY: County Atty-1L- DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # ,..-:r/r Revised 2/27/01 W \J H LL LL :E OJ-< ~wol:t ~~~~ U)V)~ u ~ZJ-~~ J:O<~~ ~1=~Q8 ?<OZN "'~N<I I::> ~~9 \J~~~~ \JJ-~~N OCJ)~UJ> a:l 0..00 ~<J-~ ~ Z .. V) 0 ZWW H ::>a...J-WCO OO~F \JQZH WHWI- OCOa... ~ 0 Z o ~ W U H 0 0\ CL. Ln ~ a... 0\ N Q -0 N H Ln, ~~ CO N 0\ ~ 0 Ln < OO~ N, J- - N ~ ~ ~ ~ W Q Q H CO I- ....J ~ l- I ....J 0... ~ V') I ~ 0... ~ V') ~ H ....J Z ~ ::> ~ :E w Z :E w 0 (.!) u 0'\ c: 'r: ~ ~ c: CTl c W I N +- c ~ ~ o (.!) ~ ..., ~ "'0 ~ o oX & ~ ~ ~ al l\S u ..... ..... o 0'\ c: VI o ...c: u ~ :::I 0... 1 VI ~ ~ o +- u :> VI o t: 8 "'0 c: o ~ ~ ~ ...c: '-> +- VI c ~ W o VI ::i +- c: ~ VI ~ ~ 0... ~ ~ +-~ +- c 'E ~ E E o +- U a ~ fr alCJ I ~ ..., o c: '0.. 0.. ~ "'0 W c' o += u :::I ~ +- VI c: o '-> I- ~ al I oX C :::I L1.. I oX ~ o G ~ 'r: o :E u C H o '-> +- "0 ...c: 0.. 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Contract # Effective Date: Expiration Date: Contract Purpose/Description: A roval to award bid and enter into a Contract with GENERAL ASPHALT CO. in the amount of$1,802,569.50 for Stock Island Roads II. Contract Manager: David S. Koppel, PE (Name) 4426 (Ext.) for BOCC meetin on Ma 15,2002 A enda Deadline Ma 1, 2002 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? Y es ~ No D Grant: $ County Match: $ 1,802,569.50 Current Year Portion: $ Account Codes: 102-22506-560630- R97304-530340 - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed . ~ () _ Reviewer Division Director 5/'/0 1--YesD No~ ~. ~lQ.AA'Z[ M RiskManagement 'i-Qa.(Jd--- YCSDNola ~. ~ O.M.B./Pllrchasing Ye~or ~ 0 ~ County Attorney L/.~S-o 2.YesD N~ Comments: tYf'1t:!.5-\ fl<.c~ Uetl5;' ~"\r;5 (~~ Date Out 5' , 0"2- , ~'J.:~ OMB Form Revised 2/27/01 MCP #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) General Asphalt Co., Inc. 4850 N.W. 72 Avenue Miami, Florida 33166 For the following Project: (Include detailed description of project, location, address and scope) Stock Island Roads II Stock Island, Monroe County Florida The Construction Manager is: (Name and address) The Architect is: (Name and Address) The Owner and Contractor agree as set forth below. 01/2302 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. 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. ifnot 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) As listed in Milestone Schedule, section 00350-1 of the Project Manual 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 ONE MILLION EIGHT HUNDRED TWO THOUSAND FIVE HUNDRED SIX1Y-NINE and 50/100 Dollars ($1,802,569.50), subject to additions and deductions as provided in the Contract Documents. 01/2302 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: 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 amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: NONE 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 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. 01/2302 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 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: (If it is intended, prior to Substantial completion of tile 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 elsewllere in the Contract Documents, insert here provisions Jor 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 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. (Insert rate of interest agreed upon, if any) (Usury laws and requirements under the Federal Troth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's prindpal 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 fadlities and seroices 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. 01/2302 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4 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 tire 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 2002, 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 aUae/red 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: (Eitlrer list tire Drawings lrere or refer to an exhibit attae/red to this Agreement.) Number Title Date As listed in Table of Contents, Section 00001 of the Project Manual for this project. 01/2302 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5 9.1.6 The Addenda. if aoy. arC? as follow!): Nwnber Date: PagH Portions of Addenda relating to bidding ~quUt:ments are not part of the Contract DocumentR un)(SS the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documenta, if any, formlng part of the contract Documents are IS followl: CU.1 Mn 1I11Y GlIcf.llo,w d<<vnImb 1Ilkidl1lrt '"""''' 10 jtlnfl ptJIf of /he Om'r.d DllCIImmts. .". Gmml CoIldiIiDJu prttrtiM tItIt llid6tr "",irani'll" IlIdI..lI4fwrtiKmtJl' or Invltrrffort 10 bitL InstnlallRlS 10 IS".,., !IIIIIp/t 10"'" tmd 1M Qmmdu',,,,II.,, If4t r-rt t1f 1M MIIII'dd D__"1s urr/u$ C11I1/1ltnrltll '" chI, A!rP.m1l1l1. naty _1M br /iI/rd huunly II'rrltntlaf ID he prm ofl'" amtllld DocuIlltIlIS.) 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 01/2302 STANDARD FORM OF AGRF.F.MENTBETWEEN OWNER AND CONTRACTOR 00500-6