Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY'
Meeting Date:
Mav 17~ 2000
Division:
Public Works
Bulk Itcm: Ycs ----X- No
Dcpartmcnt:
Engineering
AGENDA ITEM WORDING: Approval to award bid and enter into contract with Tom Ryan, Inc. dba
Ryan Construction Scrvices for the Marathon Clerk of Court Renovation project, and authorization for
Mayor to execute same. Approval of a resolution transferring funds for the Marathon Clerk of Court
Renovations.
ITEM BACKGROUND: On May 4, 2000, sealed bids were opened for the Marathon Clerk of Court
Renovation project. The apparent low bidder, Tom Ryan, Inc. dba Ryan Construction Services in the
amount of $193,995.00, was followed by, Pinewood Inc, $239,713.00. Therefore, we are requesting your
approval to enter into a contract with Ryan Construction Services. The low bid came in $18,955.00 over
the estimate of$175,OOO.00.
PREVIOUS RELEVANT BOCC ACTION: On September 22, 1999, the Soard approved the County's
Capital Project Plan.
~
STAFF RECOMMENDATION: Approval as stated above.
'.
TOTAL COST: $193,995.00
'.
BUDGETED: Yes X NO
Account # 304-24000-560620-CG981 0-530340
Cost to County: $]93,995.00
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
Item Prepared by:
OMS/Purchasing
X
APPROVED BY: C
DOCUMENTATION: Included 1- To follow
Not rcquired
DISPOSITION:
AGENOA ITEM #
l-C "2-- L-
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Tom Ryan dba Tom Ryan Construction
Contract Purpose/Description:
Effective Date: 5/17/00
Expiration Date: / /
Contract for Marathon Clerk of Court Renovation Project.
Contract Manager
5
4528
(Ext.)
Engineering
(Department)
for BOCC meeting on May 17, 2000
Agenda Deadline: May 3, 2000
Total Dollar Value of Contract:
Budgeted? Yes X No
Grant: $
County Match: $
CONTRACT COSTS
$193,955.00 Current Year Portion: $193,955.00
Account Codes: 304-240oo-560620-CG981O-530340
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
CONTRACT REVIEW
Changes
'Needed ~view~r or
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County Attorney
OMB Form Revised 8/30/95 MCP #2
/
AlA Document A 1 01/Cma
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULA TED SUM
1992 CONSTRUCTION MANAGER-ADVISER EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSUL TA TION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION
The 1992 Edition of AlA Document A201/Cma, General Conditions of the Contract for Construction, Construction Manager-
Adviser Edition, is adopted in this document by reference. Do not use with other general conditions unless this document is
modified.
AGREEMENT
made as of the Seventeenth day of May in the year of two-thousand.
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County
5100 College Road
Key West, Florida 33040
and the Contractor:
(Name and address)
Tom Ryan, Inc. d.b.a. Ryan Construction Services
P.O. Box 555
Big Pine Key, FI33043
For the following Project:
(Include detailed description of project, location, address and scope)
Marathon Clerk of Court Renovations
Addition to Clerk of the Court Office with renovations and covered walkway.
The Construction Manager is:
(Name and address)
Stephen W. Piazza, NCARB
5100 College Road, Room 508
. Key West, FI 33040
The Architect is:
(Name and Address)
~
Stephen W. Piazza, NCARB
5100 College Road, Room 508
Key West, FI 33040
The Owner and Contractor agree as set forth below.
Copyright 1975m 1980@ 1992 by the American Institute of Architects. 1735 New York Avenue, N.W., Washington, D.C. 20006-5292.
Reproduction of the material herein or substantial Quotation of its provisions without the written permission of the AlA violates the copyright
laws of the United States and will subject the violator to legal prosecution.
AlA Document A 1 01/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA*.@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, NW. WASHINGTON, D.C. 20006-52952.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 I
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditionp 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:
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 to permit the timely filing of mortgages, mechanic's liens and other
security interests.
3.2 The Contractor shall achie<Je 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.)
140 Days from the date of the Notice to Proceed.
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 One Hundred Ninety-Three Thousand Nine-Hundred Fifty-five Dollars
($193,955.00), subject to additions and deductions as provided in the Contract Documents.
AlA Document A 1 01lCma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA*.@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, NW. WASHINGTON, D.C. 20006-52952-WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 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:
(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.)
None
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:
N/A
5.3 Provided an Application for, Payment is submitted to the Construction Manager not later than
the ~day of a month, the Ownet shall make payment to the Contractor not later than the 21st 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 20 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 Applitation 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 as provided in Subparagraph 7.3.7 of the General Conditions:
AlA Document A 1 01/Cma.OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION.AIA-.@1992.THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, NW. WASHINGTON, D.C. 20006-52952.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A101/Cma-1992 3
'.
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 a~ 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 Ninetv 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 Cpntract 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 30 days after the issuance of
the final Project Certificate for Payment, or as follows:
Not more than 20 days after the issuance of the final Project Certificate for Payment.
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.
AlA Document A 101/Cma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION-AIA*.@1992-THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, NW. WASHINGTON, D.C. 20006-52952-WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 4
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 Other Provisions:
(Here list any special provisions affecting the Contract.)
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 December,1999, and are as follows:
Document
Title
Pages
See Exhibit A
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
Pages
See Exhibit A.
AlA Document A 101/Cma.OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION.AIA*.@1992.THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE. N.W. WASHINGTON, D.C. 20006-52952.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma.1992 5
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
See Exhibit A
9.1.6 The Addenda, if any, are as follows:
Number
1
2
3
Date
4/11/00
4/14/00
4/28/00
Pages
13
1
3
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.)
Contractor's Bid Proposal
05/04/00
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.
Owner
Contractor
(Signature)
(Signature)
(Printed name and title)
(Printed name and title)
AlA Document A 1 01/Cma.OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION
MANAGER'ADVISER EDITION.AIA*.@1992.THEAMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006-52952.WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
A101/Cma-1992 (,
Resolution No.
- 2000
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
2000, 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 2000 as, hereinafter set forth to
and from the following accounts:
Fund #304-0ne-cent Infrastructure Sales Tax
Project CG9810-Marathon Courthouse
Activity 5190-0ther General Government Services
Activity 5900-0ther Non-operating
From: 304-5900:'85532-590990 Other Uses
Cost Center # 85532 Reserves 304
For the Amount: $25,000.00
To: 304-5190-24000-560620-CG9810-560620 Capital Outlay-Buildings
Cost Center #24000-General Government Capital Projects
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 17th ~ay of May, A.D. 2000.
Mayor Freeman
Mayor ProTem Neugent
Oommissioner Harvey
Commissioner Williams
Commissioner Reich
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
f
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
engineeringtsfr 5/10/2000 Page 1