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Item C51 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Julv 26, 2000 Division: Public Works Bulk Item: Yes -L No Department: Engineering AGENDA ITEM WORDING: Approval to award bid and enter into contract Tom Ryan Inc, dba Ryan Construction Services for the East Martello Roof Replacement project, and authorization for Mayor to execute same. ITEM BACKGROUND: On June 21, 2000, sealed bids were opened for East Martello Roof Replacement project. Three base bids were received as follows: Tom Ryan Construction, $261,050.00, National Roofing at $297,000.00 and D & J Industries, $325,964.00. Monroe County also requested an alternate bid for a superior roofing system called Kemper Roofmg System. Tom Ryan bid $323,800 for the alternate bid, National Roofmg bid $334,000.00 and D&J did not provide an alternate bid. The Architect has recommended awarding bid to the second lowest bidder due to irregularities in the low bid. After further review by Construction Management it was determined that all bids had minor irregularities. Therefore, it is staff's recommendation to award bid to the low bidder and for the Board to waive discrepancies and enter into contract with Tom Ryan, Inc. in the amount of$323,800.00 PREVIOUS RELEVANT BOCC ACTION: On September 22, 1999, the Board approved the County's Capital Project Plan. On April 19, 2000, the Board gave approval to reject and re-advertise for bids for the East Martello Roof Replacement project. STAFF RECOMMENDATION: Approval as stated above, including the waiving of bid irregularities. TOTAL COST: $323,800.00 BUDGETED: Yes X NO Account # 304-25000-560630-CC9809-530340 l25-04546-53049049ELPW62-530340 Cost to County: $323,800.00 REVENUE PRODUCING: YES NO..1L AMOUNT PER MONTH YEAR Item Prepared by: OMBlPurch..mg wz.- X ons ction Man~eZ David sm P.E., Co~ty Engineer t:r/~'-~A ~~ 7~7/()t.-, Dent Pierce, Division Director APPROVED BY: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included -L To follow Not required AGENDA ITEM # -1:L~ J DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: National ROOfiUI/ S~th Ftorida-;-Inc. . Effective Date: '-tn"l PJt.{QllLrc. Q If L{M (trD1rUCn01 Expiration Date: Contract Purpose/Description: Contract for East Martello Roof Replacement. 5/17/00 / / 4528 (Ext.) Engineering (Department) for BOCC meeting on 07/26/00 Agenda Deadline: 07/12/00 3:)3.~OO CONTRACT COSTS Total Dollar Value of Contract: ~.l41,200.00 Current Year Portion: $241,200.00 3;l~ ~) Budgeted? Yes X No Account Codes: 304-25000-560630-CC9809-530340 Grant: $ F7jBBJ.LFErnv:t) JaS - tX-15ZI& -5~D 49~ fUJ/fl)-X 0 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Needed Yes No .n () Division Director 1J J1 Jf/'D ( ) (15 }v. V ~ / ~ I R~anagement :~Jl1/~ (~) C\..w~ ~~ O~.IPurchasing :]/ I 2/00 ("1" ( ) ~ {] ~ County Attorney 2-/lL/JlI) ( ) (~ Comments: R"-' - ~-:::t ~ fb.e-J. ~/~-L",A~~1 . { ~ OM 8/ Da Il-L - -tv /1 d....s w: (t VI. -e~.A .-6 Io.e. +revn_s ('.e~<,~ .~ C; 2() -~ 340 Date In Reviewer Date Out , /17jou tlJD!~a 7.J)3/2-() 7L/LL/~ - Dr po ~d ()J+ of- ~ "U)~. OMB Form Revised 8/30/95 MCP #2 U1/1~/UU 14;4~ r~ &~~U~ ~~u ~,~, D.tJ'lUut A:i:iU\; ~~~ STEVE PIAZZA IiaOOl July to, 2000 Mr. Steve Pima Mooroe County Constn1Ction )I....g~ 5100 CoJlcgeRoad Key West, FL 33040 ARCH ITEeTS ,... BE: But Martello RaG'" Dear Steve, I have reviewed the bids receival for 1be re-mofiDg ofthc Bat Martello ad it is my recorn~dadoD that two afthe bids be njeoted aad the project aMRIed to ~~ODII B~g 88 dID oaly r~ bidder. 1. Three bids 1WIl'8 received. Of ~ bidd&a.1 have ..~..1ifled D & JlDdustriM bllllll on their past pedbrmaJKle pmblClllll wiib Momae Quay ad the B~ ofCouDty Com...:--=. mN'I decisioa to IIDt anrd Couaty wort to 1ba. for. psiad of 0IIl:I J'*'. TIIis Ru1iDg is sdIl hi. e8I!Ict. AI.f~tbey did mt 8Ubmit tile iJI..- bid bm wbich was iDcludecl widl Addendum No. L '1'h8" IIICIived ftom TOlD ltJID dIbIa llJlll CoIUItruCdan Services did DOt ~ "'''''-.Mum No.1. 1IDI'dicl tbcy mbmit 011 the p-oper bid.bm which 'MIS ~ ill dIe~1III ID tile GIll ofboth of... bidden. since_ didDDt UIII tile ~ bid foaa, tbBy 61_.... CCIIt8 far Iddificmall'llDOV81 or oono-JIMI debris. n...., siaae __ aftblle bid4en hu 1....Jnded the required pridas for debris removal ad adKrtiODll prnh1M11. 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(.I) (.I) Co C"ft 3: AlA Document A101/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: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TlON 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 twenty-sixth day of July in the year of two-thousand. (In Words, indicate day, month and year.) BETWEEN the Owner: (Name and address) Monroe County Board of County Commissioners 5100 College Road Key West, Florida 33040 and the Contractor: (Name and address) Tom Ryan Inc, dba Ryan Construction Services P.O. Box 555 Big Pine Key, FI33043 For the following Project: (Include detailed description of project, location, address and scope) East Martello Roof Replacement 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) Bender & Associates Architects 410 Angela St. Key West, Florida 33040 The Owner and Contractor agree as set forth below. Copyright 1975m 1980@ 1992 by the American Institute of Architects. 1735 New York Avenue, NW., 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.THE AMERICAN 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, 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: 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. Date of commencement shall be within ten days of the issuance of the Notice to Proceed. 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 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 WOrfc, if not stated elsewhere in the Contract Documents.) 22 January 2001 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>) Liquidated damages will be assessed at the rate of $250.00 per normal working day following anticipated Substantial Completion date described above until such time as Substantial Completion is achieved. CONTRACT AMOUNT Under 50,000.00 $50,000.00-99,999.00 $100,000.00-499,999.00 $500,000.00 and Up FIRST 15 DAYS $50.00/Day 100.00/Day 200.00/Day 500.001Day SECOND 15 DAYS $100.00IDay 200.00/Day 500.00/Day 1,OOO.00/Day 31ST DAY THEREAFTER $250.00/Day 750.00/Day 2,OOO.00/Day 3,500.001Day ARTICLE 4 AlA Document A101lCma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGER'ADVISER EDITION-AIA* .@1992-THE AMERICAN 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 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 Three hundred twentv-three thousand eiaht hundred dollars 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: (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.) Alternate NO.1: State the amount to omit the base bid roofing specified in section 07511 and substitute a Kemper roofing system, specified in Section 07123 on: Roof Section 1 $ $ $ $ Thirtv-three thousand dollars (words) Fortv- seven thousand four hundred dollars (words) Fortv- seven thousand four hundred dollars (words) One hundred ninety six thousand dollars (words) Roof Section 2 Roof Section 3 Roof Section 4 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: Thirty days after commencement of the work and every thirty days thereafter until completion of the project. 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the ~day of a month, the Owner 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 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 '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 as provided in Subparagraph 7.3.7 of the General Conditions: 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%):: 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5,6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninetv-five percent (95%) 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 Worl<, to reduce or limit the retainage resulting from the percentages inserted in Subparegraphs 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 30 days after the issuance of the final Project Certificate for Payment, or as follows: AlA Document A101lCma-OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGER'ADVISER EDITION-AIA*.C1992-THE AMERICAN 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 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. 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 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 5 A201/ Cma General Conditions of the Contract for Construction 26 00801 Supplementary General Conditions 12 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.) See the Table of Contents of the Specifications Section Title Pages 1. Bidding Documents 2. Contract Documents 3. Conditions 4. Technical Specifications 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 Drewings 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 Date June 15, 2000 Pages 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: (Ust 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 06/21/00 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 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 6 (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.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 7 Exhibit A 1. Bidding Documents Section 00030 Section 00100 Section 00110 Section 00163 Section 00220 Section 00230 Section 00300 Section 0031 0 Section 00350 Section 00440 Insurance checklist 2. Contract Documents Section 00500 Section 00501 3. Conditions Section 00750 Section 00800 Section 00970 Section 00980 Notice of Calling for Bids Instruction to Bidders Proposal Form Pre-Bid Substitutions (not used) Geotechnical Data (not used) Site Survey (not used) Scope of Work (not used) Unit Prices Milestone Schedule/Liquidated Damages Substitution Listing Form of Agreement Between Owner and Contractor Public Construction Bond General Conditions Supplementary General Conditions Project Safety and Health Plan Contractor Quality Control Plan 4. Technical Specifications Division 1- 01010 01027 01030 01035 01040 01045 01095 01200 01300 01500 01600 01631 01700 01740 General Requirements Summary of Work Application for Payment (pp. 1-10) Alternates Modification Procedures Project Coordination Cutting and Patching Reference Standards and Definitions Project Meetings Submittals Temporary Facilities Materials and Equipment Project Substitutions Project Closeout Warranties and Bonds Division 2- 02070 Division 3- 03300 03310 Division 4- 04500 Division 5- Division 6- 06100 Division 7- 07123 07511 07530 07600 Division 8- Division 9- Division 10- Division 11- Division 12- Division 13- Division 14- Division 15- Division 16- Section 16010 Section 16020 Section 16030 Section 16110 Section 16120 Section 16450 Site Work Selective Demolition Concrete Cast-in-Place Concrete Repairs Masonry Masonry Restoration and Cleaning Not Used Wood and Plastics Rough Carpentry Thermal and Moisture Protection Cold Fluid Applied Reinforced Unsaturated Polyester Roofing Mineral Surfaced Built Up Roof Singe Ply Membrane Flashing and Sheet Metal Not Used Not Used Not used Not used Not used. Not used. Not used Mechanical- Not used Electrical Basic Electrical Requirements Wires & Cables Electrical Identification Raceways and Conduit Wires & Cables Grounding 5. Drawings Sheet A 1 Sheet A2 Sheet A3 Demolition Plan and Photos Roof Plan & Photographs Details & Photos 3/22/00 3/22/00 3/22/00