Item D34BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2003 Division: Public Works
Bulk Item: Yes X No Department: Engineering/Construction Management
AGENDA ITEM WORDING: Approval to award bid and execute contract with Cornerstone
Construction of the Keys, Inc. for Harry Harris Park — Tot Lot, Tavernier, Florida
ITEM BACKGROUND: In June, 2003 a request for Harry Harris Park — Tot Lot, Tavernier, Florida
was advertised. On July 17, 2003, one (1) response was received in Purchasing from
Cornerstone Construction of the Keys, Inc. in the amount of $44,135.00.
PREVIOUS RELEVANT BOCC ACTION: This project is funded by Monroe County Tourist
Development District V and was included in (FY2000) and carried forward to FY2003.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $44,135.00 BUDGETED: Yes X NO
121-71040-530460-T01M 343A-530460
COST TO COUNTY: $44,135.00 SOURCE OF FUNDS: -Monroe County Tourist Development
REVENUE PRODUCING: YES_ NO X AMOUNT PER MONTH YEAR
APPROVED BY: County OMB/Purchasing Risk Management
1
Item P ared By:
gfep Coffer, onstruction Manager Dave oppel, P.E., County Engineer
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included X To follow
DISPOSITION:
Not required
AGENDA ITEM #
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Cornerstone Construction Contract #
Effective Date: 8/20/03
Expiration Date:
Contract Purpose/Description:
Harry Harris Park - Tot Lot
J
Contract Manager: p anie C
ffer 4428 Construction Management
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 8/20/03
Agenda Deadline: 8/05/03
CONTRACT COSTS
Total Dollar Value of Contract: $ $44,135. Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 121-71040- t0-TO1M 343 A-c39460
Grant: $ TDC District V
funding
County Match
Estimated Ongoing Costs: $_
(Not included in dollar value above
ADDITIONAL COSTS
/yr For:
(eg. maintenance,
CONTRACT REVIEW
Chas
Date In Nee
Division Director Yes❑
Risk Management 7125-13 Yes❑
O.M.B./Purchasing Yes[—,
County Attorney Yes[:]
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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 20th day of August in the year of TWO THOUSAND
THREE
(In Words, indicate day, month and year.)
BETWEEN the Owner: Monroe County Board of County Commissioners
(Name and address) 500 Whitehead Street
Key West, Florida 33040
and the Contractor: Cornerstone Construction of the Keys, Inc.
(Name and address) 88701 Overseas Highway
Tavernier, Florida 33070
For the following Project: Harry Harris Park — Tot Lot
(Include detailed description of project, Tavernier, Florida
location, address and scope)
The Construction Manager is: Stephanie Coffer
(Name and address) Monroe County Construction Management
1100 Simonton Street
Second Floor — Room 2-216
Key West, Florida 33040
The Architect is: "Where contract documents specity Architect, the
(Name and Address) Construction Manager shall be substituted for Architect.
The Owner and Contractor agree as set forth below.
f,Zci/-uu,s 3:30 VM AVREEMENT 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, if not stated elsewhere in the Contract Documents.)
28 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)
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 fourty-four thousand one -hundred thirty five and 00 /100 Dollars ($44,135.00), 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:
1/22/2UU3 3:35 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-2
(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:
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:
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 TwentV 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.
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:
7/22/2003 3:35 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ni_ nett'
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 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)
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 has 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 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.
7/22/2003 3:35 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4
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
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
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
Pages
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 hen: or refer to an exhibit attached to this Agreement.)
Number Title . Date
0203-0219-D Site Plan 6/30/03
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
1 6/23/03 15
2 7/1 /03
1
3 7/11 /03 1
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.
7/22/2003 3:35 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5
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 pan: 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
Deputy Clerk
Date
(SEAL)
Attest:
in
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
CONTRACTOR
31
Title:
END OF SECTION 00500
MONROE 'Ot)t4 ATTOIm.
N, �J�IOt-'•�E
ROBE N Cb ' Y /iiiGRNEY
CHIE SSI
Date
7/22/2003 3:35 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-6