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Item D11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 05/19/02 Division: Public Works Bulk Item: Yes X No Department: Engineering AGENDA ITEM WORDING: Approval to award bid and enter into a contract with GENERAL ASPHALT CO. in the amount of$263,502.80 for Key Largo Roads XVI. ITEM BACKGROUND: The date of the bid opening was May 23, 2002. Two bidders responded: General Asphalt Co., Inc. in the amount of$263,502.80; and Community Asphalt in the amount of$291,494.32; with the Engineer's estimate being $341,160.35. 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: $263,502.80 BUDGETED: Yes ~ No Account # 1 02-22506-560630 R99302-530340 COST TO COUNTY: $263,502.80 REVENUE PRODUCING: Yes No....x AMOUNT PER MONTH_ Year APPROVED BY: County Atty ..lL &/J~2--- ITEM PREPARED BY: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included L To Follow Not Required_ DISPOSITION: AGENDA ITEM # r'/;)// Revised 2/27/01 w U 1-1 u.. u.. Ol-:E u)w~v) ~~8~ V) V);:: 0 <(ZI-" QO<(O "HN<.D ::>~O" Q".....O~ .:5N-l en(\")>- ~<(N~ 01->-1 cn~<(Cl Z:EH ~ H .. d) ZZW wI- ::>a...~UJ OOCl~ UClZH WHUJt- Oena... " 0 Z o ~ U -l ........ N o o N 1 o 1 N N N 1 (\") o;t ..-t 1 Cl H en Cl 0 N H <:X) cY') en N ..t -l 0 0\ ~ 1!1, --t, l- cY') .-I 0 ~ 0\ N N I- ~ ~ Cl Z ~ ~ 0 1!1 1!1 en V) V) CJ w W H >- >- en " UJ >- 0.: CJ Z Cf. CJ < 0 H a... '> en :E 0 I- -1 '> < l- I -1 a... < V) I < a... ~ V) < I-l -1 Z < :::> Cf. :E w z :E w 0 c..!) '> ~ U '+- '+- o en s:: 'Vi o ..s::: u t.. ::J a... I VI ~ t.. o +- u :> VI o t.. o '> '" s:: c::l >- t.. t.. ~ ..s::: '> +- VI s:: t.. 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W c::l VI :.J >- ex) '" ~ s:: ~ a.. o ~ ex) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: GENERAL ASPHALT CO. Contract # Effective Date: Expiration Date: Contract Purpose/Description: Approval to award bid and enter into a Contract with GENERAL ASPHALT CO. in the amount of $263,502.80 for Key Largo Roads XVI. Contract Manager: David S. Koppel, PE 4426 Engineering/# 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on June 19, 2002 Agenda Deadline June 3, 2002 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? Yes 0 No D Grant: $ County Match: $ 263,502.80 Current Year Portion: $ Account Codes: 102-22506-560630- R99302-530340 - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Date In Needed '). Reviewer (p1"JIOv YesDNoQ/ p. ~~ I&P ff) . Q1 JtLfl Date Out 3 IJ 2-- Risk Management S- a i -(~ YesD No[1] O.M.B.lpurchasing&/4-o;;;> YesD NO~ County Attorney 3/31/0 L YesD No . Comments: OMB Form Revised 2/27/01 MCP #2 . Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis afpayment is a STIPULATED SUM AGREEMENT made as of the THOUSAND TWO (Ill Words. indicate day. mOllth and year.) day of in the year of TWO BETWEEN the Owner: (Name alld address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 and the Contractor: (Name and addres~) GENERAL ASPHALT CO., INC. 4850 NW 72 Avenue Post Office Box 52-2306 Miami, Florida 33152 For the following Project: (Inelude detailed description of project, location. address alld scope) Key Largo Roads XVI Key Largo, Monroe County, Florida The Construction Manager is: (Name and address) Monroe County Engineer The Architect is: (Name and Addres~) Monroe County Engineer's designee 04/05/02 Standard Form of Agreement Between Owner and Contractor 00500-1 The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist ofthis 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 arc as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agrecment between the parties hereto and supersedes prior negotiations, representations or agreements, eilht:r written or oral. An enumcration or the Contract Documents, other than Modilications, appears in Article 9. ARTICLE 2 Thc Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, exccpt to thc 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 Datc of Commcnccmcnt and Substantial Complction 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. Tcn (10) calendar days from Notice to Procecd 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 (Inser//he calendar dale or lluII/ber of calelldar days after the dale of commencemell/. Also illser/ allY requiremen/sfor earlier Substantial COli/pie/ion of cer/aill par/ions of/he Work, ifllo/ slated elsewhere ill/he COIl/rac/ Documen/s.) One Hundred Twenty (120) calendar days from date of Commencement. subject to adjustmcnts of the Contract Time as provided by the Contract Document (Insert provisiolls ifallyfor liquida/cd dall/ages relating tofai/ure /0 cOlI/plc/e oll/ime>) 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 TWO HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED TWO AND 80/l00-----Dollars ($263,502.80), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the rollowing alternates, if any, which arc dcscribcd in the Conlract DocLlments and arc hereby accepted by the Owner: None (Slate II/(: llulI/bers or olher idellliJicalioll of accepled allemales. If decisiolls all olher al/emales are 10 be made by the OWller subsequent 10 the execulioll of this Agreemellt. AI/ach a schedule of such other allemales showillg Ihe amoll/ufor each alld Ihe dale ullli/which thai amount is valid.) 4.3 Unit prices, ifany, are as follows: 04/05/02 Standard Form of Agreement Between Owner and Contractor 00500-2 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 Paymcnt submitted by thc Contractor to the Construction Manager, and upon Projcct Applications and Certificates for Payment issued by the Construction Managcr and Architect, thc Owner shall make progress payments on aecollnt 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 paymcnt 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 latcr than the First day of a month, the Owner shall make payment to .thc Contractor not later than the Twentieth day of the Same month. If an Application for Payment is received by the Construction Manager after thc application date fixed above, payment shall be made by the Owner not latcr than Twenty days after thc Construction Manager receives thc Application for Paymcnt. 5.4 Each Application for Payment shall be bascd upon the Schedule ofYalucs submitted by thc Contractor in accordance with the Contract Documcnts. The Schedule ofYalues shall allocatc the entire Contract Sum among the various portions of the Work and be preparcd in such form and supported by such data to substantiatc its accuracy as thc Construction Manager or Architect may require. This schcdulc, unlcss objcctcd to by the Construction Manager or Architect, shall be used as a basis for rcviewing thc Contractor's Applications for Paymcnt. 5.5 Applications for Paymcnt shall indicate thc pcrcentage of completion ofcach portion ofthc Work as of the cnd of thc period covcred by the Application for Payment. 5.6 Subject to the provisions of thc Contract Documcnts, the amount of each progress paymcnt shall be computcd as follows: 5.6.1 Take that portion of the Contract Sum properly allocablc to completed Work as detcrmined by multiplying the percentage complction of each portion of the Work by the share of thc total Contract Sum allocated to that portion of thc Work in the Schcdule ofYalues, lcss retainagc of Ten pcrcent (10%). Pending final determination of cost to thc Owncr of changes in thc Work, amounts not in disputc may be includcd in applications for Payment. The amount of crcdit to bc allowcd by the Contractor to the Owner for a deletion or change, which results in a net dccrease in the Contract Sum, shall bc actual net cost as confirmed by the Construction Manager. Whcn both additions and credits covering related Work or substitutions are involved in a change the allowance for ovcrhead 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 dclivercd and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by thc Owncr, suitably storcd 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 nullificd a Certificate for Paymcnt 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 circumstanccs: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficicnt to increase the total payments to Ninety pcrcent 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fall It 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: (/fit is imended, prior to Substantial completion of the entire Work, to reduce or limilthe retain age resultingji-omthe percemages inserted in Subparagraphs 5.6.1 and 5.6.2 above. and this is not explained elsewhere in the COlllract Documents, insert here provisions far such reductiou or limitatious) NONE. ARTICLE 6 Final Payment Final paymcnt, constituting thc cntire unpaid balance of the Contract Sum, shall bc made by the Owner to the Contractor when (I) the Contract has bccn fully pcrformed by thc Contractor except for the Contractor's rcsponsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, ifany, which necessarily survive final payment: and (2) a final Project Certificate for Paymcnt haws becn issued by the Construction Manager and Architect: such j~nal 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 undcr the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereot: at the legal rale prevailing from lime to time at thc plaL;c wherc the Projcct is located. (I!/Sat rate ofillterest agreed UPOIl, ifall)') Zero Percent (0%) (USUIJ' laws and requirements under the Federal Truth in Lendillg Act, similar state alld local consumer credit laws and ather 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 wrillen disclosures or waivers.) 7.3 Tcmporary facilities and services: (lIere insert temporary facilities and services. w/iich are difJerelltji-om or in addition to those. included elsewhere in the COlltrac! Documell!s.) 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an ammal 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. ARTICLE 8 Termination or Suspension 8.1 The Contract may be tcrminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspend cd by the Owner as provided in Article 14 of the General Conditions. 04105102 Standard Form of Arrreement Between Owner and Contractor 00500-4 ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Doeuments, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreemcnt is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions arc 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 March 2002, and are as follows: Documcnt 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 thc Spccifications. herc or I"<fer to an exhibit attach cd to this Agreement.) Section Title Pagcs 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 eaeh individual drawing unless a different date is shown below: (Eithcr list the Drawings here or rcfcr to an exhibit attach cd to this Agreement.) Number Title Date As listed in Table of Contents, Section 0000 I of the Project Manual for this project. 9.1.6 The Addenda, ifany, are as follows: Number Datc Pagcs 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 Othcr documcnts, if any, forming part of the contract Documents arc as follows: (List here any additional documents. which arc intended toform part of the Contract Documents. Thc Gcncral ConditiollS providc that bidding rcquircmcnts such as advcrtiscmcnt or invitation to bid. Instructions to Biddcrs, samplcforms and thc Contractor's bid arc 1I0t part ofthc contract Documents unlcss cnumcratcd in this Agrecmcnt. Thcy should bc listed here ollly if illtcnded to be part of the Contract Documcnts.) 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. 04/05/02 Standard Form of Agreement Between Owner and Contractor 00500-5 (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 04/05/02 Standard Form of Agreement Between Owner and Contractor 00500-6