Item C30BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 20, 2004 Division: Public Works
Bulk Item: Yes X No Department: Engineering/ConstructionManagement
AGENDA ITEM WORDING: Approval to award bid and execute contract with Tropex
Construction Service Inc. for the renovation of Tavernier Fire Station No. 22.
ITEM BACKGROUND: (SEE ATTACHED)
PREVIOUS RELEVANT BOCC ACTION: On 12/18/02 BOCC approved infrastructure monies for
the capital improvements with bond monies.
CONTRACT/AGREEMENT CHANGES: NONE
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $535,430.00
BUDGETED: Yes X NO
COST TO COUNTY: $535,430.00 SOURCE OF FUNDS: Bond Funds
307-26004-560620-CS0305-560620
REVENUE PRODUCING: YES_ NO X AMOUNT PER MONTH YEAR
APPROVED BY: County Atry. / OMB/Purchasing Risk Management
Item Prepared
B ry B ikard, Jr. P.E., As ' tant County Engineer DairtTS. Koppel, Pt., County Engineer
11,
DIVISION DIRECTOR AP
Dent Pierce, Division Director
DOCUMENTATION: Included To follow X Not required
DISPOSITION: AGENDA ITEM #
ITEM BACKGROUND:
On August 17, 2004, three (3) bids were received in Purchasing, the bid tabulations are as follows:
MONROE COUNTY FIRE STATION No. 22
Bid Opening August 17, 2004
CONSTRUCTION
SERVICES, INC.
Base Bid $498,655.00
Alternates:
No. 1
$9,100.00
No.2
$14,000.00
No.3
$4,800.00
No.4
$2,675.00
No.5
$6,200.00
Subtotal
Alt 1-5
$36,775.00
PINO KAOBA &
ASSOCIATES, INC.
$524,792.00
$5,775.00
$11, 325.00
$4,679.00
$2,100.00
$10,308.00
$34,187.00
Subtotal
Base Bid
+ Alt 1-5 $535,430.00 $558,979.00
Alt No. 6 $1,500.00 * $3,750.00
GRAND
TOTAL $536,930.00 $562,729.00
D L PORTER
CONTRACTORS, INC.
$610,121.00
$5,786.00
$9,422.00
$5,500.00
$3,383.00
11.609.00
700.001
$645,821
1,321.001
Alternate No. 6 will not be added. The low bid including Alternates No. 1 thru No. 5 is
Tropex Construction at Five Hundred thirty-five thousand - four hundred thirty dollars ($535,430.00).
AGENbA ITEM WITH LAVE DOCUMENTATION
DIVISION PUBLIC WORKS
DEPARTMENT Engineering
SUBJECT Approval to award bid and execute contract with Tropex
Construction for renovation of Tavernier Fire Station No. 22.
DATE ITEM WILL BE AVAILABLE 10/14/2004
AGENDA ITEM NUMBER
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 20, 2004 Division: Public Works
Bulk Item: Yes X No
Department: Enaineerina/ConstructionManagement
AGENDA ITEM WORDING: Approval to award bid and execute contract with Tropex
Construction Service Inc. for the renovation of Tavernier Fire Station No. 22.
ITEM BACKGROUND: (SEE ATTACHED)
PREVIOUS RELEVANT BOCC ACTION: On 12/18/02 BOCC approved infrastructure monies for
the capital improvements with bond monies.
CONTRACT/AGREEMENT CHANGES: NONE
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $535,430.00
BUDGETED: Yes X NO
COST TO COUNTY: $535,430.00 SOURCE OF FUNDS: Bond Funds
307-26004-560620-CS0305-560620
REVENUE PRODUCING: YES_ NO X AMOUNT PER MONTH YEAR
APPROVED BY: County Atty. OMB/Purchasing Risk Management
Item Prepared �P.E.,
B y B iCounty Engineer —DaWTS. Koppel, Pt., County Engineer
DIVISION DIRECTOR
Dent Pierce, Division Director
DOCUMENTATION: Included —)(_ To follow Not required
DISPOSITION: AGENDA ITEM # OnOW
ITEM BACKGROUND:
On August 17, 2004, three (3) bids were received in Purchasing, the bid tabulations are as follows:
MONROE COUNTY FIRE STATION No. 22
Bid Opening August 17, 2004
CONSTRUCTION PINO KAOBA & D L PORTER
SERVICES, INC. ASSOCIATES, INC. CONTRACTORS, INC.
Base Bid $498,655.00 $524,792.00 $610,121.00
Alternates:
No.1
$9,100.00
$5,775.00
$5,786.00
No.2
$14,000.00
$11,325.00
$9,422.00
No.3
$4,800.00
$4,679.00
$5,500.00
No.4
$2,675.00
$2,100.00
$3,383.00
No. 5
$6,200.00
$10,308.00
$11,609.00
Subtotal
Alt 1-5
$36,775.00
$34,187.00
$35,700.00
Subtotal
Base Bid
+ Alt 1-5
$535,430.00
1558,979.00
$645,821.00
Alt No. 6
$1,500.00 *
$3,750.00
$5,500.00
GRAND
TOTAL
$536,930.00
$562,729.00
$651,321.00
Alternate No. 6 will not be added. The low bid including Alternates No. 1 thru No. 5 is
Tropex Construction at Five Hundred thirty-five thousand - four hundred thirty dollars ($535,430.00).
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Tropex Const. Service Contract #
Effective Date: Oct. 20, 2004
Expiration Date:
Contract Purpose/Description:
Renovation of Tavernier Fire Station No. 22.
Contract Manager: ry kard, Jr.4524 Construction Management
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/20/04 Agenda Deadline: 10/12/04
CONTRACT COSTS
4' W
Total Dollar Value of Contract: $ 535,430.00 Current Year Portion: $ _5�72;998
Budgeted? Yes® No ❑ Account Codes:, 307-26004-560620-CS0305-560620
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $_yr For:
(Not included in dollar value above) (es. maintenance.
Division Director
Risk Management W
O.M.B./Purchasing
County Attorney
Comments:
Date In
i iq bq
uivits rorm xevisea Llzllul m ;Y #"L
CONTRACT REVIEW
Changes
Needed
Yes[:] No❑
Yes❑ Not
Yes[—] Noa4LA a6a-4-�
Yes[—] Noo/ -
etc.
Date Out
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 October in the year of TWO THOUSAND FOUR
(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: Tropex Construction Service Inc.
(Name and address) 459 Northwest 25th Avenue
Miami, Florida 33125
For the following Project: Tavernier Fire Station No. 22
(Include detailed description of project, 151 Marine Avenue
location, address and scope) Tavernier, Florida
SCOPE: Renovation of an existing concrete structure, including installation of site utilities, lighting, landscaping,
grading, and drainage. Renovation of existing space within a concrete structure including the addition of new
space comprising an additional approximate 315 square feet.
The Construction Manager is: Berry B. Rikard, Jr., P.E.
(Name and address) Monroe County Construction Management
1100 Simonton Street
Second Floor — Room 2-216
Key West, Florida 33040
The Architect is: Matthew Fowler, Architect — Thomas M. Timmins, P.E.
21 Ships Way
Big Pine Key, FL 33043
The Owner and Contractor agree as set forth below.
10/12/2004 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 Substantiai-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.)
365 calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by
the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be
utilized to determine the amount of liquidated damages.
FIRST SECOND 31s' DAY &
15 DAYS 15 DAYS THEREAFTER
$500.00/DAY $1,000.00/DAY $3,500/DAY
The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract.
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 five -hundred thirty-five thousand four hundred thirty Dollars/100 ($535 430 00) subject to
additions and deductions as provided in the Contract Documents.
10/12/2004 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:
ARernates: 1 thru 5
$9,100.00
$14,000.00
$4,800.00
$2,675.00
Subtotal Alt 1-5 $: ZZFim
Subtotal Base Bid + Alt 1-5 $05,430.00
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:
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
10/12/2004 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3
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 i6crease 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:
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 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 provisioffxas 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.
N/A
7.3 Temporary facilities and services:
As listed in 'Table of Contents, Section 00001 of the Project Manual for this project.
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.
10/12/2004 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4
7.6 The following items are part of this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied. Each
party to this Agreement or their authorized representatives shall have reasonable and timely access to such
records of each. other party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an audit r employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement werg spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03,
FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of
this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement:
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to submission.
h) Nondiscrimination. County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patent records; 8) Title Vlll of the Civil Rights Act of 1968 (42 USC s. et
10/12/2004 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
i) Covenant of No Interest. County and Contractor covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefitsias recited in this Agreement.
j) Code of Ethics. County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
k) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission; percentage, gift, or consideration.
1) Public Access. The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction
with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
m) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County
be required to contain any provision for waiver.
n) Privileges and Immunities. All, of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the County.
o) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This
Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
p) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor
the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
q) Attestations. Contractor agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement.
10/12/2004 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-6
r) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement.
s} Execution in Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by sirnging any such counterpart.
t) Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agreement.
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
June 2004, 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:
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:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
Contract Drawings.
10/12/2004 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-7
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.
9.1.6 Other documents, if any, forming part of the contract Documents are as follows:
Numbgr Date Pages
1
2
7/21 /04
7/22/04
10/12/2004 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-8
MONROE COUNTY FIRE STA N NO.22
ADDENDUM NO. 1
July 21, 2004
The proposed Contract Documents for the project titled
Monroe County Fire Station No. 22
151 Marine Avenue
Tavernier, FL 33070
Are modified as follows:
ITEM #1:
Mandatory Pre -Bid Conference:
On Thursday, 2:00 P.M., July 151h, 2004, a pre -bid conference was held at the project site. The pre -bid
conference was mandatory for general contractors only. The following people signed in as present:
NAME
Cornerstone Construction of the Keys, Inc., Randy Bohnstedt.
88701 Overseas Hwy, Tavernier, FL 33070
D. L. Porter Constructors, Inc., Dany Magill
6574 Palmer Park Circle, Sarasota, FL
D. K. Engel Construction, Inc., David Engel
Tavernier, FL
Monroe County Construction Mgmt., Bill YHarrington
Monroe County Construction Mgmt., Don Miner
Thomas M. Timmins, P.E.
21 Ship's Way, Big Pine Key, FL 33043
Overholt Construction, Tim Hogan
Portland Services. LLC, Arnold Morales
Miami, FL
Pino Kaoba & Associates, Inc., Ernie Pino
Miami, FL
Tropex Construction Services, Inc., Victor DeLoman
Miami, FL
Weather Guard Construction Services, LLC, Mo Ailos
Fort Lauderdale, FL
PHONE FAX
305-852-4185 305-853-0980
941-929-9400 941-929-9500
305-853-9176 305-853-9176
305-289-6074 305-289-6075
305-295-4350 305-295-4321
305-872-4060 305-872-1170
305-234-9677
305-969-3136 305-969-2036
305-385-5732 305-385-5592
305-386-8695 305-675-0342
954-563-6200 954-563-6277
1
MONROE COUNTY FIRE STh N No. 22
ITEM #2:
If a contractor needs to access site, are the permitted to do so?
Bidders may obtain access to the property by contacting Monroe County Construction
Management at 305-292-4429.
ITEM #3:
Will the Contractor be responsible for permit fees?
Yes. Please refer to Section 00750 Article 3.7 for what fees are required by the contractor.
ITEM #4:
If there is no septic design, how do contractors estimate for bid?
Include as an allowance of $15,000.00 for the new system only.
ITEM #5:
Is builders risk "windstorm" required?
Builders risk is required without "windstorm". This should be priced as Add Alternate.
To be included with Section 00110 — Proposal Form:
Add Alternate No 6: Builders Risk Insurance — Without "windstorm" coverage.
Add
Words
Numbers
ITEM #6:
What is the time to complete construction?
365 days from the date of commencement, or issuance of the building permit, whichever is the
latter.
ITEM #7:
Does the fire hydrant in front of building get relocated?
No.
END OF ADDENDUM
2
MONROE COUNTY FIRE STf, ;i No. 22
ADDENDUM NO. 2
July 21, 2004
The proposed Contract Documents for the project titled
Monroe County Fire Station No. 22
151 Marine Avenue
Tavernier, FL 33070
Are modified as follows:
ITEM #1:
Mandatory Pre -Bid Conference:
On Thursday, 2:00 P.M., July 151h, 2004, a pre -bid conference was held at the project site. The pre -bid
conference was mandatory for general contractors only. The following people signed in as present:
NAME
Cornerstone Construction of the Keys, Inc., Randy Bohnstedt.
88701 Overseas Hwy, Tavernier, FL 33070
D. L. Porter Constructors, Inc., Dany Magill, A.A. Bobich
6574 Palmer Park Circle, Sarasota, FL
D. K. Engel Construction, Inc., David Engel
Tavernier, FL
Monroe County Construction Mgmt., BiirHarrington
Monroe County Construction Mgmt., Don Miner
Thomas M. Timmins, P.E.
21 Ship's Way, Big Pine Key, FL 33043
Overholt Construction, Tim Hogan
Portland Services. LLC, Arnold Morales
Miami, FL
Pino Kaoba & Associates, Inc., Ernie Pino
Miami, FL
Tropex Construction Services, Inc., Victor DeLoman
Miami, FL
Weather Guard Construction Services, LLC, Mo Ailos
Fort Lauderdale, FL
PHONE FAX
305-852-4185 305-853-098C
941-929-9400 941-929-9501
305-853-9176 305-853-9176
305-289-6074 305-289-6075
305-295-4350 305-295-4321
305-872-4060 305-872-1170
305-234-9677
305-969-3136 305-969-2036
305-385-5732 305-385-5592
305-386-8695 305-675-0342
954-563-6200 954-563-6277
1
MONROE COUNTY FIRE STA N NO. 22
ITEM #2:
If a dontractor needs to access site, are the permitted to do so?
Bidders may obtain access to the property by contacting Monroe County Construction
Management at 305-292-4429.
ITEM #3:
Will the Contractor be responsible for permit fees?
Yes. Please refer to Section 00750 Article 3.7 for what fees are required by the contractor.
ITEM #4:
If there is no septic design, how do contractors estimate for bid?
Include as an allowance of $15,000.00 for the new system only.
ITEM #5:
Is builders risk "windstorm" required?
Builders risk is required without "windstorm". This should be priced as Add Alternate.
To be included with Section 00110 — Proposal Form:
Add Alternate No 6: Builders Risk Insurance — Without "windstorm" coverage.
Add $
Words Numbers
ITEM #6:
What is the time to complete construction?
365 days from the date of commencement, or issuance of the building permit, whichever is the
latter.
ITEM #7:
Does the fire hydrant in front of building get relocated?
No.
END OF ADDENDUM
2
This Agreement is entered into as of the day and year first wr'tten 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
IS
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
.4juNhUE x.,vuly I ATTORNE Y
3P-PflOVED A T FO M:
�SUZANNE W. AUTTON
ASSISTANT q NTY TT RNEY
Date
10/12/2004 AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-9