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Item D36BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2003 Division: Public Works Bulk Item: Yes X No Department: Engineering/Construction Management AGENDA ITEM WORDING: Approval to negotiate bid and execute contract with Key Iron Works, Inc. for Jackson Square Underground Electrical Changes and approval of a Resolution Concerning the Transfer of Funds. ITEM BACKGROUND: In May, 2003 a request for bids for Jackson Square Underground Electrical Changes was advertised. On July 29, 2003, one (1) response was received in Purchasing from Key Iron Works, Inc. for $135,375.00. Since only one bid was received, staff negotiated with the bidder rather than recommending rejection of bid. After negotiation with Key Iron Works, Inc. the revised negotiated amount is $115,000.00. PREVIOUS RELEVANT BOCC ACTION: This project is included in the Capital Improvements Plan approved by the BOCC on 9/18/02 with revisions on 1/15/03. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $115,000.00 BUDGETED: Yes X NO 24000-560620-CG9904-560620 COST TO COUNTY: $115,000.00 SOURCE OF FUNDS: Infrastructure sales tax REVENUE PRODUCING: YES_ NO X AMOUNT PER MONTH YEAR APPROVED :77Z OMB/Purchasing Item Prepared _ _L Stephanie Coffer, Construction Manap i Dave DIVISION DIRECTOR APPROVAL: ( 4z `/ 1'4 Dent Pierce, Division Direc DOCUMENTATION: Included X To follow 0 P.E., f ounty Engineer Not required DISPOSITION: AGENDA ITEM 4 ':2� t 'c Ly Y jjt Ol 4— ` N LU H Lci w kb d —a I, - M '� v ¢ Lo J o } } w CL ~ w lz L "w w Q l] TOd W V o w cm Z = 3 V 0 Z � �ZpN\'� CA w ix N O N W P ,p co� N t N d m v o— wQ�--�Z d Tj CC m w Q w — ¢ in o rn ¢ c � � T - Z z in o H ui Z -aQ oO a V > c � � Lli d of cor Z ' > L h i- 7 %n wTA Z v �° d � v U ". O z H a s } > V) a- > o w GC Y S O �' � O O V N 4-- 4- Co Z d w � -0 O _ U LL w L A 4- r " H d w CL.�%- O S N w --m— .1 ---- KEY IRON WORKS, INC_ 55W 2nd Avenue, Stock Island Key West, -Florida 33040 Phone (305) 294-0277 Fax (305) 29&4460 SCHEDULE. OF VALUES - (REVISED) jACKSON SQUARF, UNDERGROUND ELECTRICAL CHANGES GENERAL CONDITIONS 11,380.00 4.4 MOBILIZATION.2,000-00, UTILITIES DISCONNECTION-. ',. $ 3,200.00 ❖ PERMIT FEES $ 2,000.00 v SUPERVISION & GENERAL LABOR $ 9,525.00 - 4- DEMOLITION & DISPOSAL $ 7,800-00 ❖ JOB CLEAN . UP & DEMOBILIZATION $ 1,200-00 ❖ TOTAL CONTRACT PRICE. $ 1159000.00 ENSWWRING MWWWRS - STATE GERTFW GENERAL CONTRACTMRS - STATE CERTIFIED UTUMES CWMCrM - STEEL FABRICATORS A,n-i-n cn cn 2nw Resolution No. -2003 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 2003, 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 2003 as, hereinafter set forth to and from the following accounts: Fund #304- One Cent Infrastructure Sales Tax From: 304-5900-85532-590990 Other Uses Cost Center # 85532- Reserves 304 For the Amount: $38,000.00 To: 304-5190-24000-560620-CG9904-560620 Capital Outlay- Buildings Cost Center # 24000- General Govt Capital Projects Project #CG9904- Jackson Square Utilities 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,20`h day of August AD 2003. Mayor Spehar Mayor Pro Tern Nelson Commissioner McCoy Commissioner Neugent Commissioner Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key Iron Works, Inc. Contract # Effective Date: 8/20/03 Expiration Date: Contract Purpose/Description: Jackson Square Underground Electrical Changes � 03 Contract Manager: Step anie Coffer 4428 Construction Management (Name) (Ext.) (Department/Stop #) for BOCC meeting on 8/20/03 Agenda Deadline: 8/05/03 CONTRACT COSTS Total Dollar Value of Contract: $ $115,000. Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes. 304-24000-560620-CG9904-560620 Grant: $ - - - - County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. j CONTRACT REVIEW Changes o,Djt Needediewer Division Director2 �Yes❑ No� Risk Management U� Yes❑ No❑✓r O.M.B./Purchasing Yes[-] No©/� County Attorney '�-- 0"43Yes❑ NOP Comments: OMB Form Revised 2/27/01 MCP #2 Date Out Wo 3 Section 00500 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 20th day of August in the year of TWO THOUSAND THREE (In Words, indicate day, month and year.) BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Key Iron Works, Inc. 5551 2"d Avenue Key West, FL 33040 For the following Project: Jackson Square Underground Electrical Changes (Include detailed description of project, Key West, Florida location, address and scope) The Construction Manager is: Stephanie Coffer (Name and address) Monroe County Construction Management 1100 Simonton Street Second Floor — Room 2-216 Key West, Florida 33040 The Architect is: GM Selby & Associates, Inc. (Name and Address) 7400 SW 50th Terrace, Suite 100 Miami, FL 33155 The Owner and Contractor agree as set forth below. 8/5/2003 3:10 PM 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.) 90 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 one hundred fifteen thousand and 001100 Dollars ($115,000.00), 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: (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.) 8/5/2003 3:10 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-2 4.3 Unit prices, if any, are as follows: 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 Twenty 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. 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 8/5/2003 3:10 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3 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. I 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. Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project 8/5/2003 3:10 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4 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 As listed in Table of Contents, Section 00001 of the Project Manual for this project. Pages 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. 9.1.6 The Addenda, if any, are as follows: Number Date July 8, 2003 Pages 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.) 8/5/2003 3:10 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5 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 in Deputy Clerk Date (SEAL) Attest: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Title: Title: Mayor/Chairman CONTRACTOR END OF SECTION 00500 MONROE COUNTY ATTORNEY VTO FORM: RPSERI N. woLFE -- CHI ssis NT CQUN ATTORNEY Date 8/5/2003 3:10 PM AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-6