Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
March 19. 2003
Division: Public Works
Bulk Item: Yes -----X- No
Department: Engineering/ConstructionManagement
AGENDA ITEM WORDING: Approval to waive purchasing and policy procedure, award bid and
execute contract with the high bidder, D, L. Porter Constructors, Inc., in the amount of
$2,829,600.00 for the renovation of the Old Mariners Hospital.
ITEM BACKGROUND: On September 12, 2002, the bids were received for the Old Mariner's
Hospital Renovation project. The four bids received were as follows: F&L Construction Inc.;
$2,480,000,00; D. L. Porter Constructors, Inc,; $2,898,439,00; Hewett-Kier Construction Inc.;
$2,862,000.00; McTeague Construction Co., Inc,; $2,313,396,00. Due to various bid deficiencies,
all bids were rejected and the project was rebid,
On January 16, 2003, three bids were received for the re-bldding of the Old Mariner's Hospital
Renovation project. Bids were as follows: McTeague Construction Co, Inc. $2,567,500,00; F & L
Construction Inc. $2,344,000.00; D. L. Porter Constructors, Inc. $2,829,600,00, Recommendation
was given by the project's architect, Bender & Associates, to award bid to D. L. Porter
Constructors, Inc, in the amount of $2,829,600,00.
On February 19, 2003, the BOCC requested that additional information be received and reviewed
to determine the validity of recommending award to the high bidder. After careful review of this
additional information by the project's architect, Bender & Associates, is still recommending to
award bid to D. L. Porter Constructors, Inc. in the amount of $2,829,600,00
PREVIOUS RELEVANT BOCC ACTION: This project is included in the Capital Improvements
Plan. On February 21,2001, BOCC approved a contract with Bender & Associates Architects for
design services.
CONTRACT/AGREEMENT CHANGES:. N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $2.829.600.00
BUDGETED: Yes X NO
304-26500-560620-CG9820-560620
COST TO COUNTY: $2.829.600,00
REVENUE PRODUCING: YES
SOURCE OF FUNDS: Infrastructure sales tax
AMOUNT PER MONTH
YEAR
OMg/Purchasing_
er, Construction Manager Dave . Koppel, .E., County Engineer
DIVISION DIRECTOR APPROVAL: / ~ GJ -=----- ..3/1.//0.7
Dektrierce, Division Dire:tor ~.
DOCUMENTATION: Included X- To follow Not required
DISPOSITION:
AGENDA ITEM #
Lq
~ .
March 4, ZO03
Bender 6" Associates
f\ JR C H ~ TEe T S p.a.
Ms, Stephanie Coffer, Dir. of Planning & Constr.
Monroe County Construction Management
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, FL 33040
Re: Mariners Bid Recommendation
Dear Stephanie:
Attached is a letter from Julio Batista withdrawing his protest of our bid recommendation to
award to D. L. Porter, In this letter he notes that I was quoted in the newspaper as stating that
F&L had failed to complete one job. For the record, when the question was asked, I responded
that:
Julio Batista had mentioned to me that he believed that they failed to complete only one
job, but I did not find anything that indicated they had failed to complete any projects. I
also noted during the meeting that F &L was financially solvent and could afford to
complete the project even if they underbid it by several hundred thousand dollars.
I trust the above clarifies that issue and request that this letter and the attached letter from F&L
be included with my bid recommendation and other documents being distributed to the B.O.C.C,
Please call if you have any questions.
Sincerely,
hlb -
Bert L, Bender, Architect
BLB:swm
cc: ~t Pierce, Director of Public Works
Dave Koppel, County Engineer
. Bill Sprague, Construction Manager
Sheriff Rick Roth
Captain Jenny Bell-Thompson
Julio Batista, Jr., F&L Construction
Gary Loer, D, L. Porter Constructors
Jim Roberts, County Administrator
John Richard Collins, County Attorney
.
410 Angela S tree I
KeyWest, Florida33040
Telephone(305) 296~1347
Facsimile(30S) 296-2727
FJoridaLicenseAAC002022
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STATE WIDE:
GENERAL
CONll=IACTOR
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LICENSED
INSUReo
80NDED
Man;h 3~ 2003
Mr. Berr L. Render
Bender & Associates.
41 0 Angela Street
Key West, FL 33040
V;tlfax No.: (305) 296-H47
RE: Mariners Bid
Dear Mr. Bender:
Due to your multiple recornmend4tions to award to the highcst bid~r and your lack o/'
confidence in our bid we hereby noli fy you that we wi)) no longer oppose your recommendation
to award to D. L. Porter.
It is oW" opinion that we wven, theiowest responsive and responsible bidder but due u) all the
post-bid interaclic.mSt T fee! our prQfessional relationship.has deteriorated to the point that even if
we w~n: awarded the p~iect th~ might be unfavorable conditions lhat might lead to an advers~
working relationship with this particular project. It is our policy to approach every project wit.h a
teamwork philosophy and it has btcome apparent that this will be difficult.
You were quoted in the paper, po~~ihly incorrectly, that there was one job we could not
complete. Thi~ is incorrect, in out 29 years of oper'dtion we have ~ failed to complete a job,
whelher in Miami, Pahokee or Naples. T would appreciate this clarification to thc
commissioners. rd also like to mjte that the majority of our projects are two. three and 10ur
times the size and complexity oftltis particular project. These projects incJudencw facilities as
well as majur additions and Iellov~ons projects which w~ listed as part of oW' Contractor~s
Qualification Statement (AlA Doc.ument A305) submitted on January 27. 2003 and further
clarified on Our letter of February 24.2003.
This position is based on a~sumpdun that our bid bond would be returned. If! could be of further
assist 'et please do not hesitate to contact me.
ll095 w. 21 LANE .' HIALEAH, FLORU)A 33016 · TELEPHONE (305) 362-7277 . FAX (305) 362-3Jt24
E~ OPPORtUNITY EMPLOYER
2/28/2003 13:11 FAX 305 296 2727
BENDER & ASSOCIATES
February 28.2003
Bender 6'-." ;-Luociates
.;\ :R {' J] :! T E ;.(~ T S
Ms, Stephanie Coffer, Dir. of Planning & Constr.
Momoe County Construction Management
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, FL 33040
~ONROECOUNTY
uummtUcnON MANAGEMENr
F~03
lIfE:
--,,-
Re: Mariners Bid Recommendation
Dear Stephanie:
I have requested additional information from the three bidders on Old Mariners as directed by the
Board of County Commissioners on February 19,2003. The following Memorandum was issued
to all bidders:
MEMORANDUM
To: Julio BatiJ1a Jr. - F&L Constl'UcJmn 305/362-3424
Mike McTeague - McTeague Construction 772/286-7130
Gary Loer - D. L. Poner Construction 941/919-9500
From: Bert L Bender
Copy of Memortlndu.m Distributed to:
Sheriff Rick Roth 292-7070
Bill Sprague 295-6081
Dave Koppel 295-4321
Capr. Jenny Bell-Thompson 305-853-3205
Stephanie Coffer 295-4321
Dent Pierce 292-4558
Subject: Mariner's Bid Recommendation
Date: FebTlltuy 10. 2003
TIll!: bid recommendation for the Mariner's renovation WlIS tabled lit the BOlZTd of County Commissione1'$
meeting of FebTllflTy 19.1003. until the M"rch 19,2003 meeting to allow bidden Ole opportunity to respond in
writing to the bid recommendation dated. February 11,2003. Tile referenced bid recolnlnendation. trllnsmitted
to aU of you previously, disCtl$$ed the ability of bidders to complete the project III designedfor the funding
aU owed in your bid. This i...fue i'J sign!ficant to the recommendation because:
..
1. Several County projects have had problf!l1lS with the con'tNIetor's inability to perform or his lack of
performance.
A. Moratllon Park had a contractor fail and the project MIas taken over by the bonding company
in January 2001, with the project at 86% complete. Aflnal Applicat;onfol' Paytnent was
processed 16 months later on May 25,2002. There are .mY outstanding issues.
B. The Goto Building was awarded 10 tI,e second from low bidder who eventuaUy abandoned the
work. The bonding company refused to take over the project and the case is CU"t!1Itly In cOllrt.
C. The contractor for the Jackson Square Renovation Project hadjlnanclal disputes witl. Monroe
County over construction issues f11Id costs. that hll.' re.'flllted in legal action.
410 Angela 5 treet
KeyWest, Florlda3304D
hie p h 0 n c (3 05) 296 - 1 3 4 7
FU!Jmile(30S) 296.2727
PloriddLici"lCAACQ02032
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2/28/~003 13:11 FAX 305 296 2727
BENDER & ASSOCIATES
IgJ UU.i::
Ms. Stephanie Coffer
Page 2
Febmary 28,2003
2. Construction costs and constTuction issues in Monroe County are uniquefrom other parU 0/ Florida.
3. The references provided by at least one bidder were notfor recent projects.
Therefore, all three bidden are herein requmed 10 confum your bid pricing in wriling. Pf'OlIide. in addition to
confuming or not conjlnttlng your bid priceJ other evIdence of how your line items were determined. These
dOCllments should inclade, at a minimum. the/ollowing:
1. Bid worksheets showing calculations of pricing.
A. A written subcontractor bidfor work you plan to subcontract, listing work Items included or
omlttedfrom his bid. Stipulate how omitted items wUl be accomplished.
B. Material tllke offt.
C MflterlQl quotes.
D. Labor estimates.
E. Labor costs.
2. Provide Ihe writtlUl subcontrador bids for each s1d;Jcontl'actoT listed in yo"r sllbcontractor list
previously provided. Sllbmit only the bid for the listed sllbcontractor. Do not provl4e multiple or
$Ubstitule bids.
3. Provide a comprmlUlSive list of all projects completed or in progress wilhin Mtlnro#! County In O,e llI$t
lhreeyears.
4. Provide a comprehensiPe list of govemmental clients for projects completed or in progressftlr the last
three years. Su.ch cllenlS inclllde City, COllRty or State agencies and the p",jeds shollld bt principally
oDke buHdings similar 10 the Marinen renovation. This list should include a contact person fO' the
owner and the architect of record, each of whom m'9' be contacted for tl referellce.
The above required informtltion must be in my 0.fftc4 by 5:00p.m. on Monday, February 24, 2003. to allow time
for review tmd recommendallon. The County sta.ffneeds time to rltView and ,ollte the Ilemfor the March 5,
2003 Agenda deadline lifter my review and recommendation Is complete.
PletlSe call If you. "ave any pUliom. Thankyoufor your patience and understanding.
The required information supplemented or completed previous submittals. The Memo stipulated
a deadline of5:00 p.m. on Monday, February 24,2003. D. L. Porter hand delivered a package to
my office early Monday morning February 24. McTeague Construction faxed a copy of a letter
addressed to you to my office Monday morning, February 24, that stated that he could not meet
the requirements of the Memo and since we had recommended Porter, he accepted another job,
anticipating the B.O.C.C. would accept the recommendation. Therefore, he was withdrawing his
bid. F&L Construction did not meet the 5:00 p.m. deadline (Their fax started at 5:20 p.m. and
ended at about 5:40 p.m.) As Monroe County did not accept Hewett-Kier's Bid that was I minute
late, it would stand to reason that F &L did not meet the requirements and should be passed over
as well. However, I reviewed both Porters and F&L's submittals with the following results:
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Ms. Stephanie Coffer
Page 3
February 28, 2003
Monroe County Experience:
F&L did not provide the required "Comprehensive list of all projects completed or in progress
within Monroe County in the last three years." Therefore. I assume that theiI' first submittal was
complete and they have no Momoe County Experience. D. L. Porter has extensive experience in
Monroe County, including several projects for Momoe County as a client.
The Memo also required:
Provide a comprehensive list of governltJental clients for projects completed or in progress for
the last three yellTS. SlIch clients include City, County or State agencies and the projects
should be princ;paOy offICe buildings similar to the Mariners renovation. This list should
include a contact person for the owner and the tl/'chitect of record, each of whom IIUlJ' be
contacted for a rtiference.
Provide a comprehensive list of aU projects completed or i" progress within Monroe County in
the last tl17ee years.
D. 1. Porter provided the above and their references are good from both architects and owners.
F &L only noted two school projects of substantial scope for the Dade School District. I assume
from their submittal that they do not have recent experience with projects similar to Mariners, i.e.
renovations for office use that include extensive concrete repairs. Two architects' references
were checked previously, both were good, but one noted '"they have problems with deadlines",
The Memorandum Required:
Bid worksheets showing calclllatiom of pricing.
A. A written suhcontractor bid for work you plan to subcontract, listing work items
included 0' olnittedfrom his bid. Stipllla!e how Otnined items will be accotnplished.
B. Material take offi..
C Material quotes
D. Labor estimates.
E. Labor costs.
The primary reason for the above was to check concrete costs as I have a major concern that F&L
has underfunded this item. McTeague had the above breakdown and take-off's with his first
submittal, so I expected F&L to provide the same. However, their submittal did not include that
information. Porter submitted subcontractor quotes for this information.
2/28/2~03 13:11 FAX 305 296 2727
BENDER & ASSOCIATES
~UUq
Ms. Stephanie Coffer
Page 4
February 28, 2003
Provide the written subcontractor bids for each subcontractor listed in your subcontractor list
previously provided. Submit only the bid for the listed subcontractor. Do not provide multiple
or substitute bids.
I reviewed the bids provided to determine if the bids complied with the documents and were
sufficiently funded to complete the work in accordance with the docwnents.
Roofing:
As you are aware, Monroe County has had problems with roofing and roofing subcontractors
includiIig law suits. Our documents were prepared with those issues in mind and are strict in
their requirements. The documents require removal of the roofing to the concrete deck. D. L.
Porter's subcontractor's Laumar Roofing lists the project requirements as they are stated on the
drawings:
Laumar Roofing South is pleased to give you our bid of one hundred seventy five thousand
dollan ($175,000)lor thefollowing roofwork on approx. 27,500 sf.
1. Remove existing roof to concrete deck
2. Remove all debris from site.
3. Prime concrete deck.
4. Install one (1) plylNJdified SBS in hot asphalt on concrete deck for temporary roo.f.
S. Fasten one (1) ply parabase sheet to new light weight concrete deck.
6. Install one(l) plyparadiene 20 in hot asphalt
7. Install one (1) ply paradiene 30 (white) fr cap sheet in hot asphalt.
8. New built up wall and curb flashings.
9. Installleatls at drains and VTR's (material by others)
10. Install painted aluminum counter flashings.
11. Install painted oJuminum cutters, down spouts, concrete splash pans.
12. Install painted alll1llinum coping.
13. InstaU painted aluminum drip edge.
14. Install 5 V crimp 11Ietal roofing as shown.
15. Strip in gutters gravel stop drip edge.
16. Manufacturers 20 year NDL warranty.
17. Sales tax & permit included.
We have included $3,400 for roof expansion work ifneeded.
2/28/2003 13:12 FAX 305 296 2727
BENDER & ASSOCIATES
~UU5
Ms. Stephanie Coffer
Page 5
February 28, 2003
The F&L sub bid does not comply with the documents as it does not remove the roof to the deck
and provide the specified concrete roof. Their bid stateS for a bid of $148,894, the following:
We propose to sweep the grave/from existing roofmg1 andfurnish and install Firestone 20 yr.
N.D.L. flat roofmg system consisting of: 1 ply #75 base sheet mechanically fastened to
lightweight concrete deck, 1 ply SBS base slteet hot 1IIopped1 and 1 ply SBS FR hot mopped.
We will alsofumish and instaU 6200' (4 layers) of2x 6 PT nailer, 1550' of2 x 12 wood
fascia1flber cant strip with modifzedflashings for parapet walls, SBC VTRs wlVPG 24 ga.
Unpainted galvanize guttel'S1 down spouts, edge metal, and stucco metal. We wHl also furnish
and install approx. 5 squares of 3016 felt paper, rosin slip sheet, and metal roofmg panels in
choice of standard color with nuztching tl'im .Jltuhings. Price includes removal of all related
debris, permit, fasteners, and sealants. Price does NOT include any lightweight concrete,
painting, AlC work or requirement, rtJof accesses, patching of existing roof; andfascia metal
$148,894.00
Additionally, Porter's sub is providing pre-finished aluminum. F&L's sub is providing
unpainted galvanized metal for gutters, down spouts and fascias. This item was clarified during
the original prebid conference as pre-finished aluminum~ but F&L may believe galvanized is
acceptable. In any event, the prepainted aluminum is a better system and preferred over
unpainted galvanized and I would aSsume is an '"interpretation by the roofer that would come up
during construction.
Electrical;
Both contractors list Florida Keys Electric as a sub, but the proposals are different, most notably
in items not included and other clarifications. The F &L proposal does not include electrical
permits, but Porters does. The docwnents state that Monroe County will pay for the building
permit, but it was intended that subs must include pennit fees. I expect this to become an issue if
F &L is awarded the contract and anticipate requests for change orders to pay for all
subcontractor permits. The F&L proposal excludss a bond. The F &L proposal excludes fees of
government agencies or utilities. The F&L proposal excludes existing conditions "which are not
reflected in the plans", but the documents require removal of all systems and wiring whether
shown or not, and require bidders to field verify and work to existing conditions.
I have concerns about compliance with the intent of the documents because the same electrician
provided different proposals with extra "exclusions" for F&L,
2/28/2003 13:12 FAX 305 296 2727
BENDER & ASSOCIATES
Ms. Stephanie Coffer
Page 6
February 28, 2003
The Memorandum states:
The above required information must be in my offICe by 5:00 p.rn. on Monday, February 24,
2003, to allow timefor review and recommendation. The County staff needs time to review
and route the itemfoT the March 5, 2003 Agentlll deadline lifter my review and
recommendtltion is complete.
F&L did not meet the deadline and did not provide all of the required information.
Recommendations:
My previous bid recommendation is still valid and is included with this recommendation by
reference. In consideration of all of the above and my previous recommendation, it is my
opinion that the most responsive, responsible and best bid was submitted by D. L. Porter
Constructors. I recommend awarding to D. L. Porter Constructors for the base bid amount of
$2,829,600.
Summary:
This recommendation is made with consideration given to all of the following:
I. F &L did not meet the mandatory deadline for submission of the required information.
2. One of their references stated that they had a problem with deadlines.
3. F&L has no Momoe County experience.
4. F&L submitted only two projects as references, both schools, when a "comprehensiven list
. ~~-fer the prejeots nom the pa9t tlfroe years.~. . ___. .__ _
5. F&L has shown no experience with similar rehabilitation projects.
6. F &L did not substantiate their pricing for concrete repairs_
7. F&L's roofing bid is not in compliance with the project requirements. and is providing
lower quality accessories such as gutters, down spouts and facias,
8. F&L's electrical bid excludes permit and other fees. Additionally, the bid excludes "items
which are not specifically shown". but the documents require inclUding all items necessary
for a fully operational system, whether shown or not, and without additional cost to ~e
owner.
IgJ 006
2/28/2003 13:12 FAX 305 296 2727
BENDER & ASSOCIA~~S
I(!dUUI
Ms. Stephanie Coffer
Page 7
February 28, 2003
9. My review indicates that D. L. Porter has included all work required to comply with the
intent of the contract documents.
10. D. L. Porter has extensive experience with this type of work within Momoe County.
All of my previous reasons and infonnation is still valid as follows:
11. Bill Sprague, Sheriff Roth's representative, is a construction manager who has extensive
construction experience in Monroe County. My professional relationship with him dates to
1994. He was the construction manager's field representative employed by Brown and Root
Construction on the Florida Keys Community College reconstruction project. He has gained
extensive experience on the problems and pitfalls of construction in the Florida Keys,
including cost estimates and scheduling. I have confidence in him as a construction
manager and value his opinion. He has reconunended D.L. Porter.
11. Sheriff Roth is the primary tenant of this building as it replaces the Plantation Key
Substation. He purchased the building and is providing the majority of the construction
funding. In discussing this project with the Sheriff, he has expressed to me that he has
confidence in D.L. Porter based on his past experience with them and he has confidence in
Bill Sprague to act in the best interest of the Sheriff's Office and Momoe County.
13. The project is substantially under the Architect's estimate and within budget.
14. F&L Construction has not sufficiently funded the project to complete it in accordance with
the bidding documents.
15. I had concerns that McTeague's first bid was underfunded. He has now had a chance to
confum all of his numbers and adjusted for insurance and the added landscape and site
requirements. However, he has not adjusted, either up or down, any of his other line items.
I concur with Bill Sprague's opinion that McTeague has not adequately funded the project.
16. On the Gato Building, the low bidder was bypassed because of problems with his bid.
Additionally, his bid was substantially below the second bidder, Lodge Construction. Early
in the project, during concrete restoration, Lodge abandoned the job. Also during this time,
his payment applications were not sufficient to cover his monthly expenses. His line item
for concrete repairs was about half that of the other bidders.
17. The project scope increased and clarification of insurance requirements added to the project
costs, yet F &L construction lowered their bid.
Based on and with consideration to all of the above, I recommend awarding to D. L. Porter,
Constructors for the base bid amount of $2,829,,600, as the most responsive and responsible
bidder. Additionally, this recommendation is in the best interest of Momoe County as D. L.
Porter has proven they can complete such projects, work with the County Construction Manager
and they provide the least risk for litigation involving Monroe County.
02/2~/~UUJ IJ:IJ ~'AA JUo ~~~ ~7~7
H~N1J~K & A.:J.:JU\;.lAT.t;::;
19J VVO
Ms. Stephanie Coffer
Page 8
February 28,2003
The Board of County Commissioners has the right to waive iITegularities in the bids and the
bidding should they deem it to be in the best interest of Monroe County.
Please call if you have any questions. I will forward this recommendation to the three bidders to
allow them the opportunity to respond or challenge this recommendation, and to allow them time
to prepare for the B.O.C.C. meeting if they so choose, as we discussed.
Bert L. Bender, Architect
BLB:swm
cc: Dent Pierce, Director of Public Works
Dave Koppel, County Engineer
Bill Sprague, COns1ruction Manager
Sheriff Rick Roth
Captain Jenny Bell-Thompson
Julio Batista, Jr., F&L Construction
Gary Loer, D. L. Porter COnstructors
Jim Roberts, County Administrator
John Richard Collins, County Attorney
.
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(305)292-7000 !f!AX: (305}292-7070 1-800-273-(Y'Pj'
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February 11, 2003
~ONlWfCOUNTY
-mmd/CflON MANAGEMENT
FEB
"81
Ms. Stephanie Coffer
County Engineer
cia Monroe County Construction Management
1100 Simonton Street
Key Wesl, Florida 33040
Dear Ms. Coffer:
The Monroe County Sheriff's Office has currently budgeted $2,000,000 in
Federal Asset Sharing monies and Impact fees for the construction project
at Mariner's Hospital.
Upon receipt of pay applications from the contractor, the Sheriff's Office
will affect payment directly to Monroe County.
If you have any questions regarding this letter, please contact me at (305)
292-7090 or on~line at mrice@keysso.net.
Sin~-~
--2' ....-
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. -"-.-
Michael Rice
Chief, Bureau of Administration
ts
cc:Sheriff Richard Roth
Mariner's Hospital File
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: D.L. Porter Constructors, Inc. Contract # N/A
Effective Date: 02/19/03
Expiration Date:
Contract Purpose/Description: Approval to award bid and execute contract with D. L. Porter
Constructors, Inc. in the amount of $2,829,600.00 for the renovation of the Old Mariner's
Hospital.
Contract Manager: Stephanie Coffer 4468 EnglConstruction Management
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 02/19/03 Agenda Deadline: 02/05/03
CONTRACT COSTS
T ota! Dollar Value of Contract:
Budgeted? Yes~ No D
Grant: $ N/ A
County Match: $ N/ A
$2,829,600.00 Current Year Portion: $2,829,600.00
Account Codes: ----304-26500-560620-CG9820-560620
~_Y-c.."6'~d1 - S"~'2.0
L~~ - ~ 100<3- S"l.."a...o-z..O
Estimated Ongoing Costs: $/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: N/A
(eg. maintenance, utilities, ianitorial, salaries, etc,)
CONTRACT REVIEW
Division Director
Changes
Date In Needed,
J..//8Io 3 YesD No~
21f1(o'} YesD N~
{f/B/03 Yes~oD
c). /J10j YesD NoGY.
Date Out
Risk Management
o .M.B./Purchasing
County Attorney
c(
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 STlPULA TED SUM
AGREEMENT
made as of the Nineteenth day of February the year of TWO THOUSAND THREE
(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)
D. L. Porter Constructors, Inc.
6574 Palmer Park Circle
Sarasota, FL 34238
For the following Project:
(Include detailed description of project,
location, address and scope)
Plantation Key Sheriffs Substation & Public Defender's
Office at the Old Mariner's Hospital Building
50 High Point Road
Plantation Key, FL 33073
Scope of work includes but not limited to: site work, installation 0 utilities, lighting, landscaping, grading, paving, drainage;
restoration of concrete structural shell; new interior partitions and finishes of gypsum board, metal studs, hollow metal frames,
doors, aluminum windows, hardware, carpet, vinyl and ceramic tile, sports flooring finishes; complete new plumbing and
electrical systems.
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)
Bender and Associates, P.A.
410 Angela Street
Key West, FL 33040
The Owner and Contractor agree as set forth below.
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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.)
(548) Five Hundred Forty EiQht Days 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 failtIfB 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 Two million EiQht Hundred Twenty-NineThousand Six Hundred Dollars,
_/100 Dollars ($2,829,600.00), subject to additions and deductions as provided in the Contract
Documents.
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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: 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 executio~ of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
4.3 Unit prices, if any, are as follows:
1. Unit price for each additional square foot of slab area. $185,00
2. Unit price per lineal foot of beam, $135.00
3. Unit price per lineal foot of column. $185.00
4, Unit price per lineal foot of crack. $23.00
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
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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 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 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 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 .'ocation 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
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-4
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.
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
_ _' 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
SEE EXHIBIT A
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 B
9.1.6 The Addenda, if any, are as follows:
Number
1
2
Date
12/19/02
01/06/03
Pages
2
11
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.
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
00500-5
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 ~dvertisement orinvitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are not part of the
contract OOQ!U1!ents unless. enumerated in this Agreement. They should be listed here only If intended to be part of the Contract Documents.)
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.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor/Chairman
Date
(SEAL)
Attest:
CONTRACTOR
By:
By:
Title:
Title:
END OF SECTION 00500
..
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
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