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County Administrator's Report 13. 19.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning Amendment of Agreement for OLF-X Phase 1, Earthwork - Paul Nobles, Office of Purchasing, Purchasing Manager
That the Board approve and authorize the County Administrator to sign the Amendment of Agreement between Escambia County, Florida, and J. Miller Construction, Inc., per the terms and conditions of PD 15-16.067, OLF-X Phase 1 – Earthwork, which was approved by the Board August 3, 2016, to amend the agreement as follows:
Exhibit A, Section 4, Paragraph 4.5 of the Agreement is hereby amended as follows:
4.5 County shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent
(10%) of the portion thereof approved by the County for payment whichever is less. After 50-percent completion of the Work, the County shall reduce the retainage to five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the County for payment whichever is less. In addition, after 50-percent completion of the Work, the Contractor may request the release of up to one-half of the retainage then held by the County, and unless there are adequate grounds to withhold payment, the County shall release that portion of the retainage. The remainder retained sum shall be accumulated and not released to Contractor until final payment is due. Any interim interest on such sums shall accrue to County.
Due to circumstances beyond the Contractor’s control and at the County’s sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Contractor upon receiving a certificate of substantial completion and approval from the Architect/Engineer. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of Contractor’s work.
Exhibit A, Section 4 of the Agreement is hereby amended to include the following:
4.9 All payments under this agreement and interest on any late payments shall be governed by and construed in accordance with the Local Government Prompt Payment Act, §§218.70, et seq., Florida Statutes, as amended. |
| BACKGROUND: |
The Board approved the agreement between J. Miller Construction, Inc. and Escambia County, Florida on August 3, 2016.
J. Miller Construction, Inc. has completed in excess of 50% of the project.
The project is located in Section 32, Township 4 North, Range 29 West, Santa Rosa County, Florida, and includes approximately 600 acres. The purpose of this project is to prepare the site for a future airfield training facility.
The site was previously used for silviculture activities and timber was last harvested in 2015. Phase 1 will include installation of silt fence, hay bales and other means to control erosion and sedimentation, clearing, grubbing, stump removal and disposal, earthwork, grassing, and perimeter fence with gates. Phase 1 shall also include the construction of two pinnacle landing pads, runway sub-grading, stormwater depression areas, and a perimeter road.
The legal advertisement for this "Invitation to Bid" was advertised in the Pensacola News Journal in Monday, June 13, 2016. A Non-Mandatory Pre-Solicitation Conference was held on Monday, June 20, 2016. Twelve firms were represented at that meeting. Bids were received from six contractors on Tuesday, July 5, 2016. J. Miller Construction is the lowest responsible and responsive bidder. The apparent low bidder was deemed not responsible and rejected. |
| BUDGETARY IMPACT: |
| N/A |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| Amendment of Agreement prepared by Assistant County Attorney, Kristin Hual. |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| This recommendation is in compliance with Escambia County Code of Ordinances Chapter 46, Article II, Purchases and Contracts. |
| IMPLEMENTATION/COORDINATION: |
| The Office of Purchasing will issue the Amendment of Agreement. |
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