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Home My WebLink About12/13/2000 Contract 11Bannp 1.. i&olbage BRANCH OFFICE 3117 OVERSEAS InGHWAY MARATIlON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 CLERK OF TIlE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS InGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: January 8, 2001 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Administrative Assistant Public Works Division Pamela G. Han~ Deputy Clerk -U FROM: At the December 13, 2000, Board of County Commissioner's meeting the Board adopted Resolution No. 496-2000 amending Resolution No. 136-2000, concerning fees for animal control services, in order to increase the County License Fee for unspayed/unneutered animals from $20.00 to $30.00. The Board also granted approval and authorized execution of the following at the December 13, 2000 meeting: Renewal Agreement between Monroe County and Barnes Alarm Systems, Inc. for alarm system annual certification, maintenance, and monitoring, and to adjust each cost by the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 month available. Renewal Agreement between Monroe County and G & K Services to provide uniform service to the Division of Public Works, and to adjust each cost by the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 month available. /... Contract between Monroe County and Windswept AlC & Appliances for the Central Air Conditioning Maintenance and Repair for the Middle Keys facilities. Lease Amendment between Monroe County and L.R. Kephart d/bla Eaton Street Professional Center, to increase cost of dumpster service, and to include an annual CPI computation on rent. Lease Agreement between Monroe County and Irwin S. Morse, MD d/bla Town Square Mall, for 450 square feet of office space, for Guardian ad Litem Program, starting January 1, 2001. Lease Agreement between Monroe County and Peter O. Dalton for a new office in his district for Commissioner Murray Nelson. Enclosed please find a certified copy of the subject Resolution, as well as a duplicate original of each Agreement/Lease for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator wlo documents Risk Management wlo documents County Attorney Finance File SECTION THREE CONTRACT THIS AGREEMENT, made and entered into this 13th day of December, 2000, A.D. by and between Monroe County, Florida, (hereinafter called the "Owner"), and Windswept Inc. d/b/a Windswept NC & Appliances (hereinafter called the "Contractor"). WITNESSED: as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree 3.01 THE CONTRACT The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. 3.02 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 3.03 SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation, and perform all of the work described in the Specification entitled: 3: 0 0 ....." C> >- r CENTRAL AIR CONDITIONING ~n~ ~ Pl MAINTENANCE AND REP AIR g~=< :z C) I -" MIDDLE KEYS FACILITIES g ~!"""- co 0 c: -- ::0 MONROE COUNTY, FLORIDA z?UG -0 ;:0 --!nr :x rrl ~:'::r.: N ("') And his bid dated October 20, 2000, attached hereto and incorporated as pfli otthis~on1lract document, and shall do everything required by this Contract and other Contratt D~uments,fg 3.04 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: A. The actual cost plus 30% of parts and materials purchased from the manufacturer used by the Contractor to fulfill the obligations of the Contract. Manufacturer's invoice must accompany all requests for payment for any part which exceeds $100.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. B. The cost of labor and equipment used by the Contractor to fulfill the obligation of the Contract. The labor and equipment costs will be calculated using the unit prices set forth in the Contractor's bid as follows: 1 of19 1. Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. $50.00 per hour, mechanic $75.00 per hour, mechanic plus helper 2. Labor - overtime rate for hours other than the normal working hours as stated in SECTION 2, paragraph B, including holidays. $75.00 per hour, mechanic $112,50 per hour, mechanic plus helper Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. C. Freon for recharging systems: 1) R-22 $13,00 per pound 2) R-12 $32,00 per pound D. The total contract sum shall not exceed $25,000.00 per year. 3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. B. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work; and the Owner may require the Contractor and/or his surety to repair, replace, restore, and/or make to comply strictly and in all things with the Contract and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. Failure on the part of the Contractor and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason ofthe Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Specifications. 3.06 LIQUIDA TED DAMAGES Time is of the essence of this Contract and should the Contractor fail to complete the emergency repairs within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Fifty Dollars ($50.00) per calendar day as fixed, agreed, and liquidated 2of19 damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete work within the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. 3.07 PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: The County shall pay to the Contractor for the performance of said service on a per month in arrears basis. The Contractor shall invoice the County monthly for central air conditioning maintenance and repair services performed under the Specifications contained herein. The Owner will, within ten days after receipt of each application for payment, either process payment or return the application to the Contractor indicating in writing the Owner's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. Thirty days after presentation of the application for payment with the Owners recommendation, the amount recommended will become due and will be paid to the Contractor. 3.08 TERM OF CONTRACTIRENEW AL A. This contract shall be for a period of one (1) year, commencing January 19, 2001, and terminating on January 18, 2002. This contract is renewable in accordance with Article 3,08B. B, The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. Increases in the contract amount during each option year period shall be extended into the succeeding years, C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. The county may terminate this agreement for cause with 7 days written notice of its intent to do so. 3.09 HOLD HARMLESS The Contractor shall defend, indemnify and hold harmless the Monroe County Board of County Commissioners as indicated on form TCS, 3.10 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3 of 19 3.11 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 3.12 ASSIGNMENT The contractor shall not assign or subcontract this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Owner and Contractor may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract, and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Owner in addition to the total agreed-upon price of the services/goods of the contractor, nor relieve the contractor of is obligations under this contract. 3.13 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Owner to terminate this contract immediately upon delivery of written notice of termination to the contractor. 3.14 INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WCl, GLl, and VLl, each attached hereto and incorporated as part of this contract document. 3.15 FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Owner by written notice of termination delivered in person or by mail to the Contractor, The Owner shall not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of termination. 3.16 PROFESSIONAL RESPONSmILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in the Public Works Specification Manual entitled "Central Air Conditioning Repair for Middle Keys Facilities", which is attached hereto and incorporated herein as a part of this contract/agreement. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. 4 of 19 Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor, 3.17 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Public Works Facilities Maintenance Department 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Windswept AlC & Appliances 2735 Overseas Highway Marathon, FL. 33050 3.18 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. 3.19 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 5 of19 BOARD OF COUNTY COMMISSIONER ~ONROE COUNTY, FLORIDA ~2)~ ~~d Mayor/Chairman Date: ~ IS 2-000 I (SEAL) Attest: ~~ . WITNESS / ' Title:;)k.< ~;L/ By: ~~1 WITNESS Title: ~. - CONTRACTOR Wi dswept AlC & Appliances By: Title: 6 of19 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor" failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay, The first ten dollars (SI0.00) of remuneration paid to the Contractor IS for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Administration Instruction #4709,2 TCS 7 of 19 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements For Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at hislher own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in the contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance Or · A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specifY that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (3) days prior notification is given to the County by the insurer. GIRl 8 of 19 Administration Instruction #4709.2 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. GIRl 9 of 19 Administration Instruction #4709.2 MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverage's marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSA nON AND EMPLOYERS' LIABILITY WCl WC2 WC3 WCUSLH X X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same As Employers' Liability WCJA Administration Instruction #4709.2 INSCKLST 10 of 19 GENERAL LIABILITY As a minimum, the required general liability coverage will include: · Premises Operations · Blanket Contractual · Expanded Definition Of Property Damage . Products and Completed Operations Personal Injury . Required Limits: GLl GL2 GL3 GL4 x $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit Required Endorsement: GLXCU GLLIQ GLS Underground, Explosion and collapse (XCV) Liquor Liability Security Services All endorsements are required to have the same limits as the basic policy Administration Instruction #4709.2 INSCKLST 11 of 19 VEHICLE LIABILITY As a minimum, coverage should extend to liability for: · Owned; Non-owned; and hired Vehicles Required Limits: VLl x VL2 VL3 VL4 BR1 MVC PRO 1 PR02 PR03 POLl POL2 POL3 ED1 ED2 GKl GK.2 GK3 Administration Instruction #4709.2 $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders' Risk Limits equal to the completed project Motor Truck Cargo Limits equal to the maximum value of anyone shipment Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$l ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. Pollution Liability $ 500,000 per Occurrence/$ 1,000,000 Agg. $1,000,000 per Occurrence/$ 2,000,000 Agg. $5,000,000 per Occurrence/$10,000,000 Agg. Employee Dishonesty $ 10,000 $100,000 Garage Keepers $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) INSCKLST 12 of 19 MED1 Medical $ 250,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liability Maximum Value of Property HKL1 Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $1,000,000 AIR1 Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AEOl Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg. AE03 $1,000,000 per Occurrence/$3,000,000 Agg. EOl Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$I,OOO,OOO Agg. E03 $1,000,000 per Occurrence/$3,000,000 Agg. Administration Instruction #4709.2 INSCKLST 13 of 19 INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. L_~ t!..';<~f- idder DbA L)t',..&i)~1'1 - 1/1(.. r 1ffd:J1c' Ci/Tct> Administration Instruction #4709.2 INSCKLST 14 of 19 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Central AlC Maintenance & Repair Middle Keys Facilities BETWEEN MONROE COUNTY, FLORIDA AND ulI1A~<pf- Mc-. \"":) /'::.t:}- t-.?irv:1'sl.J?r fJ,/C:.-....- 17r'r'I,'q",c~ Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction #4709,2 GL1 15 of 19 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Central AlC Maintenance & Repair Middle Keys Facilities BETWEEN MONROE COUNTY, FLORIDA AND lJ, ~ t../ t"p r -;:::;v c.- D 4 A U, '"A,.J~ f- 11/<- v /If',p/. 'r:,.-.c-e..S Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction #4709,2 VL1 16 of 19 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Central AlC Maintenance & Repair Middle ~eys Facilities BETWEEN MONROE COUNTY, FLORIDA /) AND tJ..~~ ~ .t:dC Dt1A- M' ~tJ~~ If/c r ~/'t~C-f'J Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insuranc~ with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. Administrative Instruction #4709.2 WC1 17 of 19 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: . The County as being named as an Additional Insured-If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and . The Indemnification and Hold Hannless provisions Waivina of insurance orovisions could exoose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements fonn should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the fonn will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. Administrative Instruction #4709,3 18 of 19 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Administrative Instruction #4709.3 190f19 SECTION TWO CONTRACT SPECIFICATIONS BID FORM CENTRAL AIR CONDITIONING REPAIR MIDDLE KEYS FACILITIES DATE: /0 - dO . 00 A. Routine repairs and maintenance of all county maintained central air conditioning units in the Middle Keys area. B. Emergency repairs of all county maintained central air conditioning units in the Middle Keys area. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR shall be at the site of an air conditioning malfunction within three (3) hours of verbal notification by the OWNER. C. The CONTRACTOR shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained central air conditioning units so that such emergency repairs will be completed within 48 hours of notification by the OWNER. D. The OWNER shall reimburse the CONTRACTOR for the Manufacturer's invoice cost of all parts and materials, plus percentage indicated in section 4 of the bid form, that are used in the repair of all county maintained central air conditioning units. Manufacturer's invoice must accompany all requests for payment for any part which exceeds $100.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. E. The facilities are located in the Marathon area. Buildings to be serviced shall include, but shall not be limited to the following: SHERIFF SUB-STATION/OFFICES 3103 Overseas Highway, Marathon SUB COURTHOUSE 3117 Overseas Highway, Marathon CLERK OF COURT 3117 Overseas Highway, Marathon 10f8 PUBLIC WORK/COUNTY OFFICES 1 0600 Aviation Blvd., Marathon GARAGE FACILITY AND ENGINEERING DEPT, 1 0600 Aviation Blvd., Marathon COMMUNICATIONS TRAILER 10600 Aviation Blvd., Marathon ANIMAL SHELTER 10550 Aviation Blvd., Marathon CONCH KEY FIRE STATION Overseas Highway, Conch Key FIRE STATION #2 MM 51.5 Overseas Highway, Marathon TEMPORARY COURTROOM MM 48.5 Overseas Highway, Marathon TEEN CENTER 33rd Street, Marathon MARATHON JAIL 3981 Ocean Terrace, Marathon GEORGE DOLEZAL LffiRARY 3251 Overseas Highway, Marathon MARATHON GOVERNMENT CENTER ANNEX 490 63rd Street, Ocean, Marathon MONROE REGIONAL SERVICE CENTER 2798 Overseas Highway, Marathon RUTH IVINS CENTER 3333 Overseas Highway, Marathon 20f8 BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 ,~pr The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of: CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR, MIDDLE KEYS FACILITIES. And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman-like manner, in conformance with said drawings, specifications, and other contract documents including addenda issued thereto. 1. Labor - normal working hours of 8:00am to 5:00pm Monday through Friday, excluding holidays: BID PRICE: $~ O. 0C7 PER HOUR, MECHANIC BID PRICE: $ /J- cJ 0 PER HOUR, MECHANIC PLUS HELPER 2. Labor - overtime rate for hours other than the normal working hours as stated in item 1 above, including holidays: BID PRICE: $ 7S': OC; PER HOUR, MECHANIC BID PRICE: $ / / ~.S(/ PER HOUR, MECHANIC PLUS HELPER .:1- of8 BID PROPOSAL The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents as previously instructed therein. Item Description Pages 1. Bid Form 4-5 2. Non-Collusion Affidavit 6 3. Lobbying and Conflict oflnterest Clause 7 4. Drug Free Workplace 8 5, Contractor License (Current copy to be submitted with bid) 3of8 .., -'. Materials - Freon for recharging systems: BID PRICE PER POUND - R-22 $ }:$, 0 D BID PRICE PER POUND - R-12 $ 3d. 0 cj 4. Materials - supplies and replacement parts: BID PRICE: Manufacturer's Invoice plus -:? cJ % 5. Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. The Contractor's request for payment (as outlined in the General Conditions) must itemize each of the costs stated in paragraph D of Section Two, Contract Specifications. The air conditioning units to be maintained are installed at County Facilities located throughout the Middle Keys, Marathon area. Window and portable units may, from time to time, be submitted for analysis for economical repair. If the Contractor fmds that the unit is economically repairable, the Contractor will submit an estimate for repair to the Owner. The Owner may, at his discretion, have the Contractor repair the window or portable unit in keeping with the estimate. I acknowledge receipt of Addenda No. (s) I have included page 2 through 6 of the Bid Proposal which entails the Proposal Form ---', the Non- Collusion Affidav~ and the Lobbying and Conflict of Interest Clause ~and the Drug Free Workplace Form _' In addition, I have included copy of Contractor's License~ (Check mark items above. as a reminder that thev are included.) Mailing Address: OJ. nclst...J ~ p r /I /c 'if 1If',i/;: 41< c. p S .......- d73s dO -tY:S-eqJ //.c.J~ 40'" r /;;r" ~ ""&:{ cJ~-O Signed: G,,;,g \J I<!,\-- (Name) _~r:'4S'I..o~+ (Title) TelephoneY)~ JfJ/-/71/ r Fax:30S~ dr-7,.oJJ(: Date: loldO/OV Witness: (~ ~L1 &""0.- (Seal) 50f8 NON-COLLUSION AFFIDAVIT I, of the city of law on my oath, and under penalty of perjury, depose and say that: according to 1. lam of the firm of the bidder making the Proposal for the project described in the Notice for Calling for bids for: and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 4, no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition: 5. e statements contained in this affidavit are true and correct, and made with full knowledge that Monroe unty relies upon th of the statements contained in this affidavit in awarding contracts for said project. , 0 - ~b - ~OOO (Date) STATE OF: (ffrnJ d ~ rn~ COUNTY OF: PERSONALLY APPEARED BEFORE ME, lb. wodersigned authority, re.~ (',ad ~~ who. after first being sworn by me, (name of individual signing) affixed hislher si tore in the space provided a ve on this -:AO'-H'1 day of 0 em ~ 20..fl11. My Commission Expires: 60f8 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETIllCS CLAUSE 0'/7c1s-oe;or- Me.. - warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration pai Date: 10 - :Ie> - 'J,,,,,e> STATE OF 1-fArU'dfL COUNTY OF Lf}7 (HVvfj~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~/~ ~ (jrf~v (J signature (name of individual signing) in the space provided above on this who, after first being sworn by me, affixed his/her dO 1f!1 day of G ( J?J ~ JrfJJf1l. ~~ J~ ~V\J NOTARY PuBLIC My commission expires: OMB - MCP FORM #4 70f8 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: tlJ,'t1c:!st:)ep~ ,~c- Df-.fJ uJ,,Jsc:Jjo/ Ilk 'r Iltff?Ict-"1c-PS (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person auth rized to sign the statement, I certify that this firm complies fully with the above requirements. /l?- ~ - ~t>O D to. '.,. t..~ r C"c/ c..- . P~/J wr....fi~(,o;- f}~... tp/.c-.cPJ Date OMB - MCP#5 80f8 ~' ,. "",,':;'I,'I,",:'i'::::!!j:',',:ti;,,' ':ri' I:,"" li::(,:":',~I;ilji;;, : i!,I!II: ';1: ~~ il:I/!!1 ,,'',:;; ~:! )'II! II I " I ~ . ii' I z o ell " a:: 'J.Ll ilO> oe ct 1,'I','I',';J,',::,',"II,"I"':,'II:I!lli!",';:t", "... I/'I"I".,'I!'II",!,':"I"I',"'W :, :'i,I'i'II,'i"il~;'I-::"';"i: . ex: """I'il'i":""I"i."',<U .1";,,.,,1"',',1'111'( ','" W ,'1 ", I: 1,'1',):, ,i, "';I',..c CI) ':i z > ~, \:!l "',.1 I :'' >',!, 'I I ': ~' ;1: I : : ;: i : ; " ': : > . i',:.,llli!rl,I'i,,ri:' "':, ~i,:;i'liil;II:,,"';I""', 2;1111;/0111,1 ~_)I:i,'",I;;I-,','::II!,;:,"-,!"">,, '"'1'1'':''1'1'1''''' 'Vi,' 1IIIIjI":;I,':IIIIIII,I},;II:ljl,I/~,\:" ~~i';'I""" """,1,1:':';,',' ~'!II',I'II""I""" I ' :; 'I ~ ;: : Iii! i !! ,: I.' ,:' , ! II', i .'!. i ,: : ': ~ ! " en LIJ U Z Z< ,~~ .ca. -'0. Z.c "W"",','" ctll4 ~'II"; OW ...JUOoe,1 W.....r- 0.:, otCN:C1; ., Ntn", '-." "'Iii],;,',""", ..C;:'" I :ie"" ," )oLIJ)(Q a:::JrO:C , ::)(1) ca ... s:c Q <c i,I.' OZOCC .c.... < U;:J: o.:a: , ~i";"-,;", ' ,tllll\'I:I',:::",' / 1// I I 3: :3 >- a:l C W a: :5 o w a: en c( 5 ~ en C x~ ...,0 ::;:,z COCC IJJ ~~ -,lJ) // ,~ , --' '- '3fJ~ P.O. Box 522700 Marathon Shores, FL 33052-2700 AlC & APPLIANCES SALES & SERVICE Phone: (305) 289-1748 Fax: 289-0336 lic,# CAC056987 2735 Overseas Hwy Marathon, FL 33050 OCTOBER 23, 2000 REFERENCES & CURRENT CONTRACTS MONROE COUNTY PUBLIC WORKS MONROE COUNTY MIDDLE KEYS MAINTENANCE CONTRACT INST ALLA TION OF CENTRAL AIR FOR MARATHON LIBRARY. INSTALLATION AND SERVICE OF CENTRAL AIR AT MONROE COUNTY COURT HOUSE, MARATHON. INST ALLA TION OF 3 Y2 TON CONDENSER AT MARATHON FIR RESCUE. CENTRAL AIR SERVICE AT CONCH KEY FIRE/RESCUE DEPARTMENT. INSTALLATION OF CENTRAL AIR MONROE COUNTY MOSQUITO CONTRL, MARATHON AIRPORT. 2 BAHIA HONDA STATE PARK GARY MCKEE INST ALLA TION AND SERVICE OF CENTRAL AIR. ROOM AIR CONDITIONERS AND APPLIANCES. 3 LONG KEY STATE PARK SERVICE CENTRAL AIR CONDITIONING 4 LITTLE PALM ISLAND SERVICE AND INSTALLATION OF CENTRAL AIR. COMMERCIAL ICE MACHINES, WALK-INS, REACH-INS AND ZONELINE AIR CONDITIONING. 5 BEST WESTERN KEY AMBASSADOR KEY WEST FL. INSTALLATION AND SERVICE OF CENTRAL AIR, COMMERCIAL ICE MACHINES AND ZONELINE AIR CONDITIONING. 6 HAMPTON INN KEY WEST FL. INSTALLATION AND SERVICE CENTRAL AIR, COMMERCIAL ICE MACHINES AND ZONE LINE AIR CONDITIONING. CONTINUE ON PAGE 2 REFERENCES CONT. 7 BUCCANEER RESORT MARATHON, FL. RICK BENNINGHOVE INSTALLATION AND SERVICE OF CENTRAL AIR. 8 FARO BLANCO RESORT MARATHON, FL. SERVICE CENTRAL AIR, COMMERCIAL WALK-IN, ROOM AIR CONDITIONERS, AND APPLIANCES. 9 OLD TOWN RESORTS KEY WEST, FL. INSTALLATION AND SERVICE OF COMMERCIAL ICE MACIDNE AND AIR CONDITIONING. MAINTENANCE CONTRACT FOR QUARTERLY SERVICE. 10 BOATERS WORLD, MARATHON MAINTENANCE CONTRACT FOR QUARTERLY SERVICE. .-