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Item C05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 18, 2002 Division: Public Works Bulk Item: Yes X No Department: Enq/Construction Mgmt AGENDA ITEM WORDING: Approval to award bid and execute contract with A. Herrmann Associates Inc., DBA Associates Roofing for the Marathon Courthouse Roof Replacement project, and waiver of a technicality of the submission after the sealed were opened of a supplementary form requested in the RFB but not affecting the base bid, ITEM BACKGROUND: On 11/21/02, a bid opening was held for the roof replacement at the Marathon Courthouse, Two contractors submitted bids, A. Herrmann Associates Inc. DBA Associates Roofing for $79,500,00 followed by D & J Industries for $129,000,00. Staff is recommending that we enter into contract with A, Hermann Associates Inc, PREVIOUS REVELANT BOCC ACTION: This project is included in the County's Capital Improvement Plan, CONTRACT I AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST $79.500.00 BUDGETED: Yes --X- No Account# 304- 24000-560620-CG9810-560620 COST TO COUNTY: DIVISION DIRECTOR APPROVAL: AMOUNT PER MONTH_ Year " County Engineer ~ DOCUMENTATION: Included -A- To Follow DISPOSITION: AGENDA ITEM # cs 1- ) ... z' a ~ < CL < :E 1-' Z W :E:E <~ 0< 9~ --w --CL 1-l1.. '< I,!zlli~g IUJ:rOCL ;ECJ)NW ~ ,CJ) ct:z--::> ,<oNa fhl=ffiiE o<mCL lI)-J:E::> UJ=>~a Ua\O~ ~~Zz tn eo a V) ~~ ~ << H DCL I- Z< '< w:E at: Ll..u I- O...J CJ) ....... IZH N . a H 0 :E N ,Q " '< I o V I 10 N ('r) I .Q H en w '-> ~ LL o ~ Z H CJ) -q;: :r '-> ct: => Q.. w ~ ~ ~ < .Q H CL a ~ I T , T Q Z o ClO Q ~ -0 .c: o ClO :-g ClO ~ to o 2 (/) ~I w ~ CL Q.. -l ~ ~ o o d o o 0\" N ..... -4A- I J- Z w CJ Z o Q.. 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(\) >- :::i aJ.c4- a (\)+-+72>.- ~'b~fsQ) E tIl U IT: "U ELE....~ . ~I i~, ~ ~ 8-n ci I c:: ...c +- "U c::::......U)(ii :::.. - I IE ~ 81 ~I ~ ~ :z w laIilliam P. Horn (305)296-103~ 1"" .. IV 27 02 08: 54a MONROE COUNTY CON6TftUcnON MANAGEMENT NOV 2 7 2002 liME: RECEIV!D BY: WR.LIAM P. HORN ARCHITECT, P.A. Lic_e No. AA OOOJIMO 91' EATON STREET, KRY WEST. FLORIDA 33U4U l'HONE ~05.296.8302 l'AX: 305-296 lUJJ November 22, 2002 To: Stephanie Coffer Director of Planning and Construction Monroe County Re: Marathon Courthouse Roof Replacement Marathon, FL Dear Stephanie, I have reviewed the two bids submitted fur this project and I am recommending Associates Roofing, who is the low bidder. His price is almost $50,000.00 less than the next highest bidder. I have talked to the contractOr after bidding, and he is comfortable with his price and seems clear on the scope of work. He has also worked in Momoe County before on several jobs. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: A. Herrmann Assoc. Inc. DBA Contract # Associates Roofinl!: Effective Date: 12/18/02 Expiration Date: Contract Purpose/Description: Removal of existing roofing, new roofing, new roof insulation, new roofin s stem, air conditionin condenser relocations, concrete s allin re air, new utter s stem, and miscellaneous items related to above. "- Contract Manager: Step anie Coffer (Name) 4468 (Ext. ) Construction Mana ement (Department/Stop #) '" for BOCC meetin on 12/18/02 A enda Deadline: 12/6/02 CONTRACT COSTS Total Dollar Value of Contract: $ $79,500.00 Current Year Portion: $ $79,500,00 Budgeted? Yes[gl No D Account Codes: ----304-24000-560620-CG9810-560-620 Grant: $ N/ A County Match: $ N/ A Estimated Ongoing Costs: $/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director fJ I 1010'2- YesD NoGr Risk Management l~-'\~ YesD No[2( .----. PI?' /J O.M.B./Purchasing YesffNo~ County Attomeyl ;;l / (p102. YesD No0 ;~ _ co~e~6', s:u~ ~dO tt..l\..R, /kUY\~ V Date Out l a/'3~ OMB Form Revised 2/27/01 MCP #2 Section 00500 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM AGREEMENT made as of the Eighteenth day of December in the year of TWO THOUSAND TWO (In Words, indicate day, month and year.) BETWEEN the Owner: (Name and address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 and the Contractor: (Name and address) A. Herrmann Associates Inc., DBA Associates Roofing 2351 Thomas Street Hollywood, FL 33020 For the following Project: Marathon Courthouse Roof Replacement (Include detailed description of project, 3117 Overseas Highway location, address and scope) Marathon, FL 33040 Replacement of roof and miscellaneous related items. The Construction Manager is: (Name and address) Stephanie Coffer Monroe County Construction Management 1100 Simonton Street Second Floor - Room 2-216 Key West, Florida 33040 The Architect is: (Name and Address) William P. Horn, Architects 915 Eaton Street Key West, FL 33040 The Owner and Contractor agree as set forth below. 12/11/028:38 AM 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.) Forty-Five (45) 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 Seventy Nine Thousand Five Hundred Dollars /100 Dollars ($79.500.00), 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.) 12/05/021:38 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-2 4.3 Unit prices, if any, are as follows: a. Prefabricated vent curbs: $350 unit price per prefabricated vent curb. b. Plywood Sheathing replacement: $10 per sq. ft, of sheathing. c, Asphalt shingle replacement (including 15 lb. felt under shingles): $3.00 per sq. ft. of shingles & 15 Ib felt. d. Concrete deck crack repair using epoxy injection methods, $85 unit price per lineal ft. of crack. e. Concrete deck spalling repair: $85 unit price per sq. ft. of repair 3" or less f, Plumbing vent stack relocation (to be 10 minimum from any fresh air in-take)$350 unit price to move a vent stack approx. 5 ft during the reroofing process, 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 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. , 12/05/02 1 :38 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3 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 Worn, 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. 12/05/021:38 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4 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 OCTOBER 2002 , 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 Pages As listed in Table of Contents, Section 00001 of the Project Manual for this project and as written on Sheet A-3 of the drawings. 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. A-1 Site Plan and Details 9/23/02 A-2 Roof Plan and Details 9/23/02 A-3 Details and Specifications 9/23/02 9,1,6 The Addenda, if any, are as follows: Number 1 Date November 12, 2002 Pages 3 12/05/021:38 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5 9-00900 ~O.l~'vC:I.lNO~ GN'v' ~3NMO N33M.l38 .lN3V1133~E)'v' II\Id BE: ~ lO/90/l ~ \l 00900 NOI1~3S :10 CN3 :am.l :all!.l :A8 :A8 ~O.L~~.LNO~ :lsa>>'v' (1'v'3S) alea UeWJ!e4~/JOAeV\l >tJal~ ~ndao A8 :A8 "al~Ol:1 'A.LNnO~ 30~NOII\I :10 S~3NOISSIWWO:> A.LNnO~ :10 a~"08 >tJal~ '38'v'H10)f '1 ANN'v'O :lsa>>'v' (1'v'3S) 'JaUMO a4l Ol Japu!ewaJ a4l pue 'lOeJlUO~ a4l jO uO!leJlS!u!Wpe a4l U! asn JOj lOal!4oJ'v' pue JaoeueV\l uO!lOnJlSUO~ a4l Ol 40ea auo 'JOpeJlUO~ a4l ol paJaA!lap aq Ol S! auo 40!4M jO sa!doo leU!opO mOj lseal le U! palnoaxa S! pue aAoqe ua>>pM lSJ!j JeaA pue Aep a4l jO se OlU! paJalUa S! lUawaaJo'v' S!4.l (Sluawn::JOQ peJluO:) 81/1 JO lied 8q 01 P8PU81U/ J/ A/UO aJ81/ P81S!I aq p/nol/s A81/1 'lu8waaJ{jtt S/I/l u/ p81eJaWnU8 ssa/un slu8wn::JoQ P9.J1UO::J 81/1 JO lied IOU aJe P/q S,Jol::J9.J1UO:) 81/1 pue SWiOJ 8/dwes 'SJ8PP/'a 01 SUO/l::JfU1SU/ 'P/q 01 uO/lel/llu/ JO lU8W8s/li8l1pe se I/::Jns sluawaJ/nbaJ (ju/PP/q If/I/l ap/IIOJd SUO/l/puO:) /9.J8U8S 81/1 'SIU8wn::JOQ l::J9.J1UO:) 81/1 JO lied WiOJ 01 papu81u/ aJe I/::J/I/M slu8wn::Jop leuo/I/ppe Aue aJ91/ ISn) :SMOIIOj se 9Je SJU9wn:>>Oa J:>>eJJuo:>> 9l1UO J,Jed 6U!WJOj ',{ue j! 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