Item E29BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19, 2003 Division: Public Works
Bulk Item: Yes X No Department: Eng./ConstructionManagement
AGENDA ITEM WORDING: Approval to award bid and execute contract with A. Herrmann
Associates, Inc., DBA Associates Roofing, for the Marathon Animal Shelter Re -Roofing Project.
ITEM BACKGROUND: In August, 2003, a request for Marathon Animal Shelter Re -Roofing was
advertised. On October 9, 2003, one (1) response was received in Purchasing from Associates
Roofing for $44,395.00. After review by the Architect it was found that the contractor had included
in his base bid the cost for replacing any and all rotten wood uncovered during the re -roofing.
Associates Roofing agreed to correct their bid and provide unit pricing for the possible additional
work. The corrected bid is $30,000.00.
PREVIOUS RELEVANT BOCC ACTION: This project is included in the Capital Improvements
Plan approved by the BOCC on 9/17/03.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $30,000.00
BUDGETED: Yes X NO
COST TO COUNTY: $30,000.00 SOURCE OF FUNDS: Infrastructure Sales Tax
304-24000-560620-PE0201-530340
REVENUE PRODUCING: YES_ NO X AMOUNT PER MONTH YEAR _
APPROVED OMB/Purchasing 4KoDpDpel,
anagement
Item Prepa
StephaniVoffer. onstruction Manager DaviP.E., County Engineer
DIVISION DIRECTOR APPROV
Dent Pierce, Division Director
DOCUMENTATION: Included X_ To follow
DISPOSITION:
Revised 1/03
Not required
L//�_9/e�
AGENDA ITEM # _y
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: A. Herrimann Associates
Contract #
Effective Date: November 19, 2003
Expiration Date:
Contract Purpose/Description:
Re -Roofing Project for Marathon Animal
Shelter
Contract Manage .�tephiefer
4468 Construction Management
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 11/19/03
Agenda Deadline: 11/4/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 30,000.00 Current Year Portion: $ 30,000.00
Budgeted? Yes® No ❑ Account Codes: 304-24000-560620-PE0201-530340
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $_r For:
(Not included in dollar value above) (eg. maintenance;
etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Rev' er
Division Director II 0 3 Yes
❑ No[� /
Risk Management ��ly`� 3 Yes❑ Noo' 11 116"
O.M.B./Purchasing Yes[] No0
County Attorney Yes❑ NOR - 3--0y
Comments:
OMB Form Revised 2/27/01 MCP #2
WH JAM P. HORN ARCHITECT, P.A.
m EATON STREET, KEY WEST, FLORIDA 33040
Date: 1027/03
To: Stephanie Coffer
Director of Planning and Construction
Re: Animal Shelter Re -roofing Bid
Marathon, Florida
Dear Stephanie Coffer,
qp+�
License No. AA 0003M
PHONE 305-2964302 FAX: 305-296-1033
I have reviewed the bid from Associates Roofing dated October 8, 2003.
Upon reviewing the bid and questioning the contractor, it was found that the
contractor had included in his bid the cost for replacing any and all rotten
wood uncovered and found during the re -roofing. Since this item, rotten
wood, is an unknown factor (due to it being under the existing roof), it is
typically bid out as a unit price to be billed as an extra charge. If you try to
include an unknown in a fixed fee usually you will pay for a worst case
scenario as was the case in this bid. I have asked the contractor to remove
this item from his fixed cost and his bid went down to $30,000.00 from
$44,000.00 as noted in his October 27, 2003 letter. His original bid did
include unit pricing as we had requested. So, with the revised bid eliminating
the wood replacement from his fixed cost I approve the bid from Associated
Roofing. We have used him in the past successfully.
Please review the above information and call if you have any questions or
want to discuss finther options.
Sincerely
. HORN ARCHITECT, P.A.
William P. Horn,
Principal
CT . 7
ASSOCIATES ROOFING
A Division o/ A Hoffmann Assoc. Inc,
CCC 024408
2351 Thomas St W
Hollywood. Florida 33M
(95e) 921-4095
October 27, 2003
V'ka facsimile to : 30S-296-1033
William P Horn
915 Eaton Street
Key West, FL 33040
Attn_ William Horn
Re: Monroe County Animal Shelter
In regards to the proposals for the Monroe County Animal Shelter, the
difference between the Budget Proposal, the proposal dated .Ian 03, 2003,
and the proposal dated October 8, 2003 is the addition of wood work
estimated to be involved. Associates Roofing will deduct the additional
expense for wood work in Lieu of unit prices, 11is will bring the quote to
S30,000.00 excluding all wood-
Respectfully Submitted,
0.
Art Herrmann
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the 19th day of November 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: A. Herrmann Associates, Inc., DBA Associates Roofing
(Name and address) 2351 Thomas Street
Hollywood, FL 33020
For the following Project: Marathon Animal Shelter Re -Roofing Project
(Include detailed description of project, Aviation Boulevard
location, address and scope) Marathon, FL
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: William P. Horn, Architect, P.A.
(Name and Address) 915 Eaton Street
Key West, FL 33040
The Owner and Contractor agree as set forth below.
10/30/2003 4:39 PM 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, if not stated elsewhere in the Contract Documents.)
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 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 thirty -thousand and 00/100 Dollars ($30,000.00), 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: 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.)
10/30/2003 4:39 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:
Sheathing per sq. foot $12.00
2" X 6" per lineal foot $ 8.00
2" X 4" per lineal foot $ 7.50
1" X 4" per lineal foot $ 6.00
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 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.
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%):
10/30/2003 3:51 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3
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 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
10/30/2003 3:51 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4
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.
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 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, if any, are as follows:
Number Date Pages
1 9/10/03 1
2 9/15/03 1
10/30/2003 3:51 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5
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
A
Deputy Clerk
Date
(SEAL)
Attest:
A --
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
CONTRACTOR
In
Title:
END OF SECTION 00500
MONROE COUNT TATTORNEY
APP OVED
R E WOLFE
CHIEFSIS�ANF CO fY ATTORNEY
J{r�
Date
10/30/2003 3:51 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19, 2003 Division: Public Works
Bulk Item: Yes X No Department: Enaineerina/ConstructionManaaement
AGENDA ITEM WORDING: Approval to enter into a contract with WindTech to replace windows
at the Gato Building, and approval of Resolution transferring funds.
ITEM BACKGROUND: (SEE ATTACHED)
PREVIOUS RELEVANT BOCC ACTION: On May 21, 2003, the BOCC granted approval to enter
into a Modification to the Hazard Mitigation Grant Agreement Number 01 HM-4R-1 1-54-15-009
with the Department of Community Affairs for the Gato Building Retrofitting Project. The request
was for a time extension of one year to allow the additional time necessary to resolve the issue
with the non -compliant windows in the Gato Building. At the same time the BOCC granted
approval of request to institute legal action, at a time to be determined by County Attorney, relative
to manufacture and installation of the windows at the Gato Building. On October 15, 2003, the
BOCC granted conceptual approval to waive Purchasing & Policy Procedures and enter into a
contract with WindTech to replace windows at the Gato Building.
CONTRACT/AGREEMENT CHANGES: NONE
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $762,079.00 BUDGETED: Yes X NO
COST TO COUNTY: $762,079.00 SOURCE OF FUNDS: Infrastructure Sales Tax
304-24000-560620-CG9804-560620
REVENUE PRODUCING: YES_ NO X AMOUNT PER MONTH YEAR
APPROVED BY: Co O B/Purchasing Ris a agement
Item Prepared By:
_ Stephanie Coffer, onstruction Manager Davi . Koppel, P.E., County Engineer
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included X To follow Not required
DISPOSITION: AGENDA ITEM #
AGENDA ITEM BACKGROUND: Monroe County was awarded two Hazard Mitigation Grants for
the installation of Category 5 hurricane rated windows in the Gato Building. The grants totaled
approximately $731,000.00. Following construction, impact tests were performed and the
windows failed the tests and therefore did not meet the grant specifications. In short, the windows
have delaminated, leaked during even moderate rain storms, and repeatedly have failed tests
even after modifications. Because of their deficiencies, the existing windows must be replaced
with windows that do meet the grant specifications. Staffs negotiations with the architect,
contractor and vendors to modify or replace the windows have not produced a satisfactory
resolution. Consequently, the County has initiated litigation against those parties but that may
take months if not years to resolve.
In September of 2003, FEMA indicated that the grant money may be withdrawn if the County does
not immediately take steps to install windows that comply with the grant requirements. WindTech
has submitted a proposal to provide and install the windows that appear to meet those
requirements. Staff is working with WindTech to refine the technical issues associated with the
windows and their installation. Staff is also working with the County Attorney's office and all
associated agencies to obtain the necessary approvals and_ permitting of this work to include
Historic Architectural Review Board, State Historic Preservation Office (SHPO), City of Key West
building Department, and the Navy.
The Navy has indicated that they will defer to SHPO's decision regarding the replacement
windows and SHPO has determined that the proposed replacement windows may be used. The
City of Key West Building Department has indicated their desire to work with the County in
correcting the problem.
If the County takes no action, it will be left with a building with windows that leak and are
vulnerable to wind damage. Moreover, the County stands to lose $585,000.00 in grant money
from FEMA and the State and may have to refund $146,000.00 to FEMA for funds already
received pursuant to a previous grant. This scenario would represent a net loss to the County of
$731,000.00.
Initial Construction Estimated Replacement 2 Estimated Total
Cost ($) Cost ($) Cost ($)
Window Cost (-)
926,323.00
772,079.00
1,698,402.00
Grant Funding (+)
146,000.00'
585,000.00
731,000.00
County's Obligation (-)
780,323.00'
187,079.00 4
967,402.00
' $926,323.00 if the County chooses not to correct window design.
2 Replacement system engineered for 150 MPH ASCE 7-98 wind loads (includes
$10,000.00 disposal fees).
' If the County chooses not to proceed with the window replacement the $146,000.00
from grant funds must be returned.
4 Net outlay for window replacement.
By choosing to replace -the windows, the County must spend approximately $41,079.00 over the option of
leaving the current windows in place and doing nothing.
DATE:
06 Nov 03
DES/DRW
bbr
PROJECT:
Gato_windload
Gato Window Cost Comparison
NO.
1
mow::-r
Of 1 C�UNTY . MONROE
Resolution No. - 2003
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County,
Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year
2004, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2004 as, hereinafter set forth to
and from the following accounts:
Fund #304- One Cent Infrastructure Sales Tax
From: 304-5900-85532-590990 Other Uses
Cost Center # 85532- Reserves 304
For the Amount: $100,000.00
To: 304-5190-24000-560620-CG9804-560620 Capital Outlay- Buildings
Cost Center # 24000- General Government Capital Projects
Project #CG9804- Gato Building
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon
receipt of the above, is hereby authorized and directed to make the necessary changes of
said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of November AD 2003.
Mayor Spehar
Mayor Pro Tem Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Wo
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Gato reso 11/7/2003 Page 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
r
i
CONTRACT SUMMARY
Contract with: Wind -Tech Products, Inc.
Contract #
Effective Date: November 19, 2003
Expiration Date:
Contract Purpose/Description:
Installation of new Gato Building Hurricane Windows.
Contract anager: S nie Coffer
4468 Construction Management
( ame)
(Ext.) (Department/Stop #)
for BOC eetin on 11/19/03
Agenda Deadline: 11/7/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 762,079.00 Current Year Portion: $ 762,079.00
Budgeted? Yes® No ❑ Account Codes: 304-24000-560620-CG9804-530340
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $/yr For:
Not included in dollar value above e . maintenance,
CONTRACT REVIEW
Changes
Date In
Needed
Division Director
Yes❑ No❑
Risk Management Ol03
Yes❑ No[D"_
Date Out
71c3
O.M.B./Purchasingll/07/03 Yes❑ Nog Jeniffer Hill 11/07/03
County Attorney � Yes[:] No[2r"'
IQ
vivits rorm tcevlsea 1/2//ul mup #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 19th day of November 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: Wind -Tech Products, Inc.
(Name and address) 100 E. Castle View Dr.
Braselton, GA 30517
For the following Project: Installation of GATO Building Hurricane Windows
(Include detailed description of project, 1100 Simonton Street
location, address and scope) Key West, FL 33040
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 specify Architect, the
(Name and Address) Construction Manager shall be substituted for Architect"
The Owner and Contractor agree as set forth below.
11M2003 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-1
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Con
4.3 Unit prices, if any, are a; other Conditions), Drawings, Specifications, Addenda issued prior to exeCL
documents listed in this Agreement and Modifications issued after executi(
Concrete/Repair, Contract, and are as fully a part of the Contract as if attached to this Agree
represents the entire and integrated agreement between the parties hereto
representations or agreements, either written or oral. An enumeration of tl•
Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Do
5.1 Based upon Application., specifically indicated in the Contract Documents to be the responsibility of 1
Project Applications and Certific, Scope of Work as specified in the Exhibit:
shall make progress payments c
in the Contract Documents.
5.2 The period covered by a ARTICLE 3
of the month, or as follows:
Date of Commencement and Substantia
5.3 Provided an Application 3.1 The date of commencement is the date from which the Contract Ti
Of a month, the Owner shall maH shall be the date of this Agreement, as first written above, unless a differen
month. If an Application for Payi made for the date to be fixed in a notice to proceed issued by the Owner.
above, payment shall be made t
the Application for Payment.
5.4 Each Application for Pad
accordance with the Contract D(
the various portions of the Work
Unless the date of commencement is established by a notice to proceed is
accuracy as the Construction Mc
notify the Owner, through the Construction Manager, in writing not less that
Construction Manager or Archite
Work.
Payment.
3.2 The Contractor shall achieve Substantial Completion of the entire 1
5.5 Applications for Pa
pp Y men
(Insert the calendar date or number of calendar days after the date of commencement. Also
end of the period covered by the
Completion of certain portions of the Work, if not stated elsewhere in the Contract Document
5.6 Subject to the provision:
sixteen 0 6) weeks from date of commencement
computed as follows:
subject to adjustments of the Contract Time as provided by the Contract DI
5.6.1 Take that portion of the
(Insert provisions if any for liquidated damages relating to failure to complete on time)
the percentage completion of ea
portion of the Work in the Schec
of cost to the Owner of changes
The amount of credit to be allow
decrease in the Contract Sum sl
additions and credits covering re
ARTICLE 4
and profit shall be figured on the
Contract Sum
5.6.2 Add that portion of the C
stored at the site for subsequent
4.1 The owner shall pay the Contractor in current funds for the Contra(
Owner, suitably stored off the sil
Contract Sum of seven hundred sixty-two thousand seventy-nine and
to additions and deductions as provided in the Contract Documents.
5.6.3 Subtract the aggregate
4.2 The Contract Sum is based upon the following alternates, if any, w
5.6.4 Subtract amounts, if an,
Documents and are hereby accepted by the Owner: NONE
Certificate for Payment as provii
(State the numbers or other identification of accepted alternates. If decisions on other alterr
to the execution of this Agreement. Attach a schedule of such other alternates showing the +
5.7 The progress payment;
amount is valid.)
under the following circumstanc
11/7/2003 AGREEMEP
11/7/2003 AGREEMENT BETWEEN OWNER AND CONTRA
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 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.
11/7/2003 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4
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:
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
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.
9.1.3 Other documents, if any, forming part of the contract Documents are as follows:
(Last 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.)
The information included in the following exhibits define the requirements of the work
and must be read and included chronologically.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
11/7/2003 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
in
Deputy Clerk
Date
(SEAL)
Attest:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M
By: By:
Title: Title:
Mayor/Chairman
CONTRACTOR
END OF SECTION 00500
MONROE COUNTY ATTPXNEY
OVED AST M:
- - UZAN A. U TON
ASSISTANT N A ORNEY
Date _
11/7/2003 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-6