Item C05BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: C.5
Agenda Item Summary #3005
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Steven Sanders (305) 295 -4338
N/A
AGENDA ITEM WORDING: Approval to waive minor irregularities to award bid and enter into
a contract with T.E.M. Environmental & Mechanical Services, Corp., for HVAC replacement at the
Key West Library, for $267,500 funded from the one cent infrastructure sales surtax.
ITEM BACKGROUND: On May 2, 2017, a Request for Proposals bid opening was held and
three bids were received for the Key West Library HVAC replacement project. T.E.M.
Environmental & Mechanical Services, Corp. was the lowest responsive bidder with a bid price of
$267,500, but omitted one response regarding claims and lawsuits and failed to provide customer
contact information, but listed jobs completed. County Attorney's research has found no detrimental
information to exclude this bidder. The other two bids were in the amounts of $312,642 and
$390,000.
PREVIOUS RELEVANT BOCC ACTION: Annual Capital Improvements budget approval for
Miscellaneous Public Works Project for $600,000 on September 12, 2016.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff recommends waiving the minor irregularities, award of the
bid, and entering into the Contract.
DOCUMENTATION:
KW Library Contract 6 6 17 Signed documents TEM (MINUTETRAQ 6 12 17)
Bid Results OMB
2017.06.02. TEM Key West Library HVAC
FINANCIAL IMPACT:
Effective Date: 6/21/2017
Expiration Date:
Total Dollar Value of Contract: $267,500.00
Total Cost to County: $267,500.00
Current Year Portion: $240,750
Budgeted: Y, but need additional funding.
Source of Funds: Fund 304
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: N/A
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount: N/A
Yes. Underbudget. Need more funding.
06/21/17 304 -24000 - GEN GOVT CAP PROJECTS $267,500.00
CG1716
REVIEWED BY:
Ann Mytnik
Completed
06/06/2017 8:04 AM
Cary Knight
Completed
06/06/2017 2:13 PM
Kevin Wilson
Skipped
06/06/2017 8:03 AM
Patricia Eables
Completed
06/06/2017 2:23 PM
Budget and Finance
Completed
06/06/2017 3:12 PM
Maria Slavik
Completed
06/06/2017 4:05 PM
Kathy Peters
Completed
06/06/2017 5:41 PM
Board of County Commissioners
Pending
06/21/2017 9:00 AM
SECTI 00500
AGREEMENT
Agreement
Between * r a nd Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 21a day of .tune, 2017.
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: T.E.M. Environmental & Mechanical Services, Corp.
3210 Flager Avenue
Key West, Florida 33040
For the following Project: Key West Library HVAC
Scope of the Work
1. Project Overview
The SCOPE OF WORK - MECHANICAL:
1. REMOVE ALL ELEMENTS AND COMPONENTS ASSOCIATED WITH THE AIR
COOLED CHILLER, INCLUDING CHILLED WATER
PIPING,CONTROLS,PUMPS,AIR HANDLERS,ETC.
2. PROVIDE AND INSTALL NEW SPLIT -DX SYSTEM TO SERVE ALL AREAS OF
THE LIBRARY,
3. PROVIDE AND INSTALL A NEW SPLIT -DX, CRITICAL AREA,HVAC SYSTEM
FOR THE DOCUMENT VAULT.
4. MODIFY THE EXISTING DUCT WORK SYSTEM CURRENTLY SERVING THE
CHILDREN'S LIBRARY AND THE THEATER BY ELIMINATING THE DAMPER
SYSTEM AND ISOLATING THE EXISTING 10 -TON SYSTEM FOR THE
THEATER.
5. INSTALL A NEW SPLIT -DX SYSTEM TO SERVE THE CHILDREN'S LIBRARY.
6. PROVIDE NEW EXHAUST FANS FOR ALL BATHROOMS.
7. PROVIDE NEW AIR CONDITIONING DROPS TO EXISTING BATHROOMS.
AGREEMENT......._ 00500 -Wage 1 of 16
8. PROVIDE, INSTALL AND PROGRAM A NEW BUILDING MANAGEMENT
SYSTEM FOR ALL HVAC EQUIPMENT.
9. SERVICE ALL OUTSIDE AIR INTAKE SYSTEMS WITH MOTORIZED
DAMPERS BACK TO OPREATIONAL CONDITION.
10. REBALANCE ALL SYSTEMS TO MEET THE DESIGN REQUIREMENTS.
11.PROVIDE A COMPLETE ASSESSMENT OF THE EXISTING CONDITIONS
PRIOR TO BID AND COMMENCEMENT OF WORK.
12-COORDINATE WITH THE ELECTRIC CONTRACTOR ALL EQUIPMENT AND
BUILDING REQURRMENTS PRIOR TO ORDERING.
NOTE: ALL MATERIALS USED WILL BE SUBJECTED TO SALT WATER
ENVIRONMENT. ALL EXPOSED HARDWARE IS TO BE STAINLESS STEEL. ALL
PIPE TO BE SALT WATER PROTECTED EITHER BY MATERIALS USED OR
SPECIAL COATING.
THE SCOPE OF WORK: ELECTRICAL:
1. REMOVE ALL ELEMENTS AND COMPONENTS ASSOCIATED WITH THE
AIR COOLED CHILLER, DISCONNECTS ,CONDUITS,CONDUCTORS,
BREAKERS, CONTROLS, ETC.
2. REPLACE ALL EXISTING FEDERAL PACIFIC PANELS, BREAKERS,
DISCONNECT, ETC. WITH NEW APPROVED EQUIPMENT AS
INDICATED.
3. RECONNECT ALL EXISTING LOADS TO THE NEW PANELS WHILE
MATCHING BREAKERS AND PROVIDING NEW PANEL SCHEDULES FOR
ALL PANELS.
4. PROVIDE A COMPLETE ASSESSMENT OF THE ENTIRE ELECTRICAL
SYSTEM.
5. PROVIDE NEW CONDUIT, CONDUCTORS, BREAKERS, DISCONNECTS,
ETC, ASSOCIATED WITH THE NEW EQUIPMENT BEING ADDED.
6. REMOVE ALL ELECTRICAL EQUIPMENT INCLUDING CONDUITS,
CONDUCTORS, ETC. ASSOCIATED WITH MECHANICAL EQUIPMENT
BEING REMOVED, INCLUDING AIR HANDLERS, WATER PUMPS, ETC.
7. COORDINATE WITH THE MECHANICAL CONTRACTOR ALL EQUIPMENT
REQUIREMENTS PRIOR TO ORDERING.
2. General Project Intent and Scope
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion
of all the work in accordance with the Contract Documents. The Work shall include, but
not be limited to, that shown on the Drawings and detailed in the Technical
Specifications if any included in this Contract.
3, General Requirements
AGREEMENT 00500 -Page 2 of 16
A. Construction work times shall be limited to: 8:00 am to 5:00 pm Monday-Friday.
B. Contractor needs to be aware of weather and location and plan accordingly.
B. Contractor needs to be aware of the facility, its vendors and staff with unusual
schedules and plan accordingly. Coordination of each days works shall be done
in advance with approval from County. All spaces interior and exterior shall be
cleaned and returned to normal work period/ day,
D. The Scope of Work shall include, but not be limited to, all work shown and listed
in the Project Drawings. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid
package. The Contractor shall furnish all labor, supervision, materials, power, tools,
equipment, supplies and any other means of construction necessary or proper for
performing and completing the Scope of Work, unless otherwise specifically stated.
The contractor will be responsible to obtain all additional necessary permits and
approvals including the: City Of Key West.
The following Special Provisions are intended to clarity the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the General
Scope of this Proposal Package.
I All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to Project Management
prior to notice to proceed. Contractor's license shall accompany proposal,
2. Provide, replace, and maintain any safety rails and barricades as
necessary during the process of work, or during deliveries of materials or
equipment,
S. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most
stringent condition shall be proposed and constructed. Notify Project
Management in any event, in order to not compromise the Owner's right to
make appropriate decisions.
5. Contractor shall maintain As-Built Drawings, (Record Drawings per
Section 01720), of his work progression.
AGREEMENT 00500-Page 3 of 16
6. The Contractor shall not store materials, tools or debris inside the building
without written permission. Contractor shall provide suitable storage
container, and be responsible for disposal off -site of all debris and trash.
7. The Contractor shall coordinate with Owner's representative on available
hours for Job Site access. Job site will have limited 8:00 AM -5:OOPM
work hours. Contractor will need to schedule work shifts typically from
8:00 AM- 5:OOPM weekly. Any change to agreed upon schedule must be
obtained in writing with a minimum of seventy-two (72) hours advanced
notice.
8. Coordination of each days works shall be done in advance with approval
from County. All spaces interior and exterior shall be cleaned and
returned to normal each work period.
9, The Library is to remain open and fully functional during construction,
Contractor needs to be aware of the facility, its users and staff With
unusual schedules and plan accordingly. Coordination of each days works
shall be done in advance with approval from County. Any equipment or
area shut downs that will affect the normal day to day operations of the
library must occur after normal operating hours. All spaces interior and
exterior shall be cleaned and returned to normal each work periad.ryw,M
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications Issued after execution of this Agreement. 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. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
AGREEMENT 00500-Page 4 of 15
The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety -
(90) calendar days after the date of commencement or issuance of a Notice to Proceed. The
time or times stipulated in the contract for completion of the work of the contract or of specified
phases of the contract shall be the calendar date or dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 91ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250,00/Day
$50,000.00-99,999M 100.00/Day 200,00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00IDay
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by th
Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
41 The owner shall pay the Contractor in current funds for the Contractors performance of
the Contract the Contract Sum of Two Hundred Sixty-Seven Thousand Five Hundred and
00/100 Dollars ($267,500.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
Alternate # 1: No Alternates Specified
(Cost in words)
Dollars ($_®)
00
4.3 Unit prices, it any, are as follows:
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
AGREEMENT 00500-Page 5 of 16
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum oo the contractor ua provided below and elsewhere |n the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day ar the month, v'esfollows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section c1a.ros,Rmnda Statutes.
5.4 Each Application for Payment shall bu based upon the Schedule ofValues submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
a|)unme the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported bysuch data tu substantiate its accuracy the Director of Project
Management may require. This sohedu!o, unless objected to by the oin,cm, of Project
Management, 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 oV each portion of
the Work esof the end o/ the period covered by the Application for Payment.
5.6 Subject m the provisions of the Contract Documents, the amount u{ each progress
payment shall be computed oofollows:
5,6.1 Take that portion of the Contract Sum properly altocable 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 Tan 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 the not cost to the Owner, less Overhead, Profit and
Documented Costs incurred prior to the change Request, as indicated in the corresponding line
item in the Approved Schedule of Values for that line hem as confirmed by the Director of
Project Management. When both additions and credits covering related Work nrsubstitutions
are involved |na change the allowance for overhead and profit shall be figured nn the basis o(
not increase, if any, with respect to that change.
5,64 Add thmportion,ddheCom,ac/Gumpmpodya||ooab|emmmehm|sandeq"ipmwnt
delivered and suitably stored at the site for subsequent innnqmmuon in the completed
vonaooct|uo (or, if approved in advance by the Owmo,, suitably stored off the site e\alocation
agreed upon inwMVng). less reoa|nnge;
583 Subtract the aggregate cf previous payments made by the Owner; and
5.6.4 Subbmuomounie.|fan8hxwhichthsDirectorofPn4ect Management has withheld ur
nullified aCertificate for Payment aw provided in Paragraph e.suithe General Conditions.
5.7 Rwtainagncften percent (10m) will be withheld in accordance with Section 218.735
( Florida Statutes.
5.8 Reduction mr limitation ofretainags.if any, shall beysfollows:
Monroe County is exempt from and not subject to Florida Statutes. Section 255.078. "Public
Construction Retainega^. Reduction or limitation of retalinage, if any, ohmU be reduced
incrementally at the discretion of and upon the approval of the Director of Project Management.
AGREEMENT 00500pegm6of16
Fit M13 ff�ft l
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 approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more
than twenty (20) days after the issuance of the final approval for payment. The following
documents (samples in section 01027) are required for Final Payment;
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shalt provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a downloadable CD/DVD of aft the following but not limited
to:
A. Project Record Documents (As Built Documents),
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surely to final
release (includes final release from all utilities and utility companies).
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 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services As described in Article 34 of the General Conditions.
AGREEMENT 00500-Page 7 of 16
rA Monroe contract is contingent
upon anannual appropriation by the Board of County Commissioners.
75 A person maffiliate who has been placed mn the convicted vendor list following a
conviction for public entity crime may not submit bid on n contract to provide any goods or
services ma public entity, may not submit o proposal ona contract with apublic entity for the
construction u repair oYa public building or public work, may not submit proposals on leases of
mo| pmpcn9 to public onuty, may not be emmmeu or perform work as coouaoo,, supplier,
subuontnactor, or consultant under m contract with any public enbty, and may not transact
business with any public entity in excess n, the threshold amount provided |n Section ze7o17.
Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of
being placed nn the convicted vendor list.
ms The following items are included in this mmlraM
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four (4) years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to
b) Governing Law, Venue, Interpretation,
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding, pursuant to
Article 7, Section 7.6(h) of this agreement.
c) Sevmrauility. x any term, covenant, condition the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
d) Attorney's Fees and Costs. The County and Contractor aQme|haoinmeovemany
cause o[ action pradministrative proceeding ie initiated o, defended uy any party relative oothe
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
AGREEMENT 00500fage8of16
reasonable attorney's fees and court costs as an award against the non-prevailing party, and
shall include attorney's fees and courts costs in appellate proceedings.
e) Binding Effect. The terms, Covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
fl Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
I) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j) Nondiscrimination. The parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order. The parties
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to; 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-256), as amended, relating to nondiscrimination on the
basis of drug abuse, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of
1968 (42 USC §§ 3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or
AGREEMENT 00500-Page 9 of 16
financing of housing; 9) The Americans with Disabilities Act of 1990 (42uSC§§ 1201), as
amended from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) any other nondiscrimination provisions in any federal
or slate statutes which may apply to the parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information,
m) No Sol icitatio t. The County and Contractor warrant that, in respect to
itself, it has neither employed ^m, retained any company o/ person, other than a bona fide
employee wm,NnA solely for it, m solicit nr secure this Agreement and that it has not paid or
agreed to company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee commission, gift, m s|dengion
contingent upon or mau|dnQ from the award or making of this Agreement. For the breach or
violation ov the provision, the Contractor agrees that the County shall have the right \wterminate
this Agreement without liability and. at its d|monmion, to offset from monies om*d, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor Florida public records
laws, including but not limited m Chapter 11e. Florida Statutes and Section 24of Article |oYthe
Constitution o( Florida. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, records, papers, letters or other "public record" materials in Its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or receivcd by the County and Contractor in conjunction with is contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of
this provision shall be deemed a material breach of this contract and the County may enforce
the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract-
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order \ncomply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions o{ this contract, the Contractor is
required to:
( Keep and maintain public records that would ma required uy the County to perform the
service.
< Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records m allow the records hmbe inspected or copied within a reasonable time o1
a cost that does not exceed the cost provided in this chapter o,00 otherwise provided bylaw.
AGREEMENT 00500fPage10of16
0f Ensure that public records that are exempt m confidential and exempt from public
records disclosure requirements are not disclosed except aa authorized hylaw for the duration
of the contract term and following completion nf the contract V the contractor does not transfer
the records Vn the County.
(4) Upon completion o/ the contract, transfer, uono cost, x,the County all public records in
possession of the Contractor or keep and maintain public records that would bm required bythe
County m perform the service. V the Contractor transfers au public records m the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public mmondo disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must me provided to the Cuunty, upon request from the County's custodian of
records, ina format that is compatible with the information technology systems nf the County.
(5) A request to inspect or copy public records relating to a County contract must be made
g|mrly to the County, but If the County dome not puaonmo the requested records, the County
shall immediately mcAUy the Contractor of the request, and the Cnn\nnouur must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County mho||
enforce the public records contract provisions |m accordance with the contract, notwithstanding
the County's option and right to unilaterally oan,e:this contract upon violation of this provision
Ay the Contractor. A Contractor who fails to provide the public records m the County umpursuant
to a valid public records request within o reasonable time may be subject m penalties under
Section 119. 1o. Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy ov otherwise dispose o(any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUES'nONS REGARDING THE APPLICATION OF
CHAPTER 119. FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTR kCT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12 Street, SUITE 4)8, KEY WESL FL 33040.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 788.28, Florida
8tamtea, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial Uob||dy insurance cnvanoQa, self-insurance omenoge, or |nod
government liability insurance pool coverage shall not bedeemed a waiver of immunity to the
extent u[ liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
p) Privileges and Immunities. All of the pMv|agma and immunities from |iaUmty,
exemptions from laws ordinances, and m|no and pensions and relief, dimubi|Uy , workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
AGREEMENT 00500-Page 11 of 16
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Aftestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement,
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
AGREEMENT 00500-Page 12 of 16
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor s failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
w) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
pan of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
x) Disadvantaged Business Enterprise (DEE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in G.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin, or sex in award and performance of contracts, entered
pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required by the County. In addition,
the Contractor specifically agrees that all agreements or contracts of any nature with his
subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Enumeration of Contract Documents
AGREEMENT 00500-Page 13 of 16
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: (insert information here).
a) Drawings: Titled Key West Library HVAC System Upgrades Total a pages C-1 E-
0.1, E-1.1, E-2,1, M-0.1, M-1-11, M-2,1, M-2.2:
b) Project Manual:Dated Janaury 2017:
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:
9,1.4 The Addenda, it any, are as follows*
Number Date Page
Addendum Number 1 April 10, 2017
Addendum Number 2 April 17, 2017
Addendum Number 3 April 20,2017
9.1.5 The Alternates, if any, are as follows:
Alternate No. 1: No Alternates
END ALTERNATES
This Agreement is entered into as of the day and year first written above and is executed in at
least three (3) original copies of which one (1) is to be delivered to the Contractor.
(6164111M IM IT V
AGREEMENT 00500-Page 14 of 16
all
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
Attest: Kevin Madok, Clerk
By:
Deputy Clerk
Date
(SEAL)
so
MXWWIWT.�
_CONTRACTOR'S lfin s A tte st : CONTRACTOR:
's
ese
Pro vide wit ne sses T.E.M. ENVIRONMENTAL & MECHANICAL
signatures SERVICES, CORP.
Signature:
11 1
Signature - - i / i� / �'_��
Print Name: " di I G I (n,
Title:
A
Date:
and:
Signature:
i
Print
Title:
Date: U(u � I
PkTFUCKFABLES
AssiSTANT COUNTY ATTORNEY
DATE
STATE OF FLORTIA
C
COUNTY OF _d!2� 6' ,;/ /'
On this _ C_ day of
20 - 7, before me, the undersigned notary public, personally
appeared j ,r ,, 1/ - ' r�
, known to to be the person whose name is subscribed
above or who produced
as identification, and acknowledged that he /she is the
person who executed the above contract with Monroe County for Key West Library HVAC for the
purposes thereintontained.
d
6
GABEL J BOYETTE
N Lary Public
My COMMISSION #GG1W956
EXPIRES May 30, 2021
PWt Name
My commission expires: _M4, 29" 2 Sea
ly�' oc� - le — ) I ( Sea l)
Print Name
Title: __V
Date:_.
AGREEMENT 00500-Page 15 of 16
GENERAL REQUIREMENTS
Where Project Management is Not aConstructor
Section 00750
Section 00970
Section 00980
Section 00990
Section 01010
Section 01015
Section O1O07
Section o10m0
Section 01040
Section 01O4O
Section 01050
Section O12OO
Section V1301
Section 01310
Section O1D70
Section O13B5
Section O13g5
Section 014OU
Section 01410
Section 01421
Section 01500
Section 01520
Section Q1B5O
Section 01560
Section 8159D
Section 015q5
Section 01600
Section 01630
Section 01640
Section 01700
Section 01710
Section 01720
Section D1730
Section 01740
General Conditions
Project Safety and Health Plan
Contractor Quality Control Plan
Special Conditions
Summary mfWork
Contractor's Use nf the Premises
Application for Payment
Akemudae
Project Coordination
Cutting and Patching
Field Engineering
Project Meetings
Submittals
Progress Schedules
Schedule nfValues
Daily Construction Reports
Request for Information —(RF|)
Quality Control
Testing Laboratory Services
Reference Standards and Definitions
Temporary Facilities
Construction Aids
Access Roads and Parking Areas
Temporary Controls
Field Offices and Sheds
Construction Cleaning
Material and Equipment
Post-Proposal Substitutions
Product Handling
Contract Closeout
Final Cleaning
Project Record Documents
Operation and Maintenance Data
Warranties
GENERAL REQUIREMENTS 01740-Poge1eof16
MM ! •
BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: MAY 2, 2017 AT 3:00 PM
TITLE: KEY WEST LIBRARY HVAC
MONROE COUNTY, FLORIDA
RESPONDENT
TEM Environmental & Mechanical Svc
Kenmar General Contracting
Air Mechanical & Service Corp.
BID BOND BID AMOUNT
5% 1 $267,500.00
5% 1 $312,642.00
5% 1 $390,000.00
Bid Committee present Steven Sanders
Members of the public present Vickie Marino Kenmar GC, Jimmy Mosomillo Kenmar GC, Tom McKechnie TEM Environmental
I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the
State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified.
Bid Opened By: Lisa Abreu, OMB
KEY WEST LIBRARY HVAC Lj ORIGNAL
SECTION 00110
PROPOSAL FORM
Key West Library - VAC
and having carefully examined the site where the Work is to be performed, 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 all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman -like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
the conditions under which the Work is to be performed. The successful proposer shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
The Base Proposal shall be furnished below in words and numbers. If there is an
Inconsistency between the two, the Proposal In words shall control.
Base Proposal- words)
(Total Base Proposal — numbers)
I acknowledge receipt of Addenda No.(s)
1 1
r t
PROPOSAL FORM 00110 -Page 20 of 215
Noj_Date
r�rr.�ar
No. Dated
Proposer, states by his check mark in the blank beside the form and by his signature that he
has provided the following forms (located in Section 00110):
a. Proposal Form
GABEL BOYETTE
b. Proposal Security (Bid Bond)
MY COMMISSION #FF022509
C. Non - Collusion Affidavit
EXPIRES May 30, 2017
41e)
d. Lobbying and Conflict of Interest Clause
rlortdar om
e. Drug -Free Workplace Form
f. Subcontractor Listing Form
g. Proposer's Insurance and Indemnification Statement
h. Insurance Agents Statement (signed by agent)
I. Local Preference Form and requirements (if applicable)
In addition, Proposer states that he has included a certified copy of Contractor's License, and
Monroe County Occupational License. Check mark Items above as a reminder that be
are Included.4
Mailing Address:
,*Ya
GABEL BOYETTE
MY COMMISSION #FF022509
b Per
EXPIRES May 30, 2017
41e)
31wal53
rlortdar om
Witness: (Seal)
PROPOSAL FORM 00110 -Page 21 of 215
SECTION 00110
NON - COLLUSION AFFIDAVIT
of the city
according to law on my oath, and under penalty of perjury, depdse and say that:
1. I am
rte,
STATE OF: q
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature j it
on this _ day of p GABEL BOYETTE
I, MY COMMISSION #FF022509
ark
EXPIRES May 30, 2017
J407) 399 -0153 FEondcallolmSorvice com
NOTARY PUBLIC
My commission expires: lqo,
PROPOSAL FORM
00110 -Page 23 of 216
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
v
(Company)
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. 010 -1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010 -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 paid to the former
County officer or employee ". ,
1 (Signature) d r
Date:
STATE OF: _
COUNTY OF: M 4.4.1 4
Subscribed and sworn to (or affirmed) before me on _ _ (date)
by (name of affiant). He /She is personally known to me
or has produced
identification)
MY COMMISSION #FF022509
EXPIRES May 30, 2017
of
398.0153
NOTARY PUBLIC
My commission expires:
ORIGINAL
PROPOSAL FORM 00110 -Page 24 of 215
--, rEY WEST LIBRARY HV&C,--- ORYR�
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes 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. Informs 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. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, 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. Imposes 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. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
PROPOSAL FORM 00110 -Page 25 of 215
KEY WEST LIBRARY HVAC 1) Mkt J"
LOCAL PREFERENCE FORM
2. Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the goods
or services being offered to Monroe County? 46<
(The physical business address must be rdgistered as its principal place of business with the Florida
Department of State for at least one (1) year prior to the notice of request for bid or proposal.)
2. Subcontractor's physical business address within Monroe County from which the subcontractor
operates:
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1) year prior to the notice of request for bids or proposals)
-d/
1 6 Aeln� Tel. Number2bs -a&
Address
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
n of
COUNTY OF
Print Name:
On this day of 20_1=, before me, the undersigned notary public,
personally appeared
_ Ith ta9AaJAjDe to be the person whose name is
subscribed above or who produced as identification, and acknowledged that
he/she is the person who executed the above Local Preference Form for the purposes therein contained.
My commission expires: 1919V 11, 1
Print Name
MY COMMISSION #FF022509
EXPIRES May 30, 2017
. . ....... . . . . . ............
PROPOSAL FORM 0011 -Page 26 of 215
PUBLIC ENTITY CRIME STATEMENT
Lj 01RAIGIN
"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 a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
STATE OF: Vie
-.... - - -....
COUNTY O
Subscribed and worn to (or affirmed) before me on the day of ,
20 _ by � f (name of affiant). 1 I /She i personally known
to isle or has produced (type of
identification) as identification.
My Commission Expires:
NOTARY PUBLIC
GABEL BOYETTE
MY COMMISSION #FF022509
EXPIRES May 30. 2017
(407) 398.0153 Florid allota ry So rvice.com
PROPOSAL FORM 00110 -Page 27 of 215
SUBCONTRACTOR LISTING FORM
Division Subcontractor
Contact Person
Ph # w/area Fax:
Cell: Address
code e
;3,oS- .29kl -
End of Section 00 110
PROPOSAL FORM 00110 -Page 28 of 215
fill! r � �, _�
it i♦ )� fr
�t
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
Statutory Limits
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease Policy Limits
$500,000 Bodily Injury by Disease, each employee
General Liability, including
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Builder's Risk: Not Required
$500,000 Combined Single Limit
Limits equal to the full replacement
value of the complete project
Vehicle Liability (Owned, non - owned, and hired vehicles) $300,000 Combined Single Limit
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
Public Construction bond is Required. Bond must be issued by an A rated surety company
doing business in the State of Florida.
Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless from and
against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors
or other invitees during the term of this Agreement, (B) the negligence or recklessness,
intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of
its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action,
INSURANCE REQUIREMENTS AND FORMS 00120 -Page 38 of 215
ORIGF ' L
WEST LIBRARY HVAC
litigation, proceedings, costs or expenses relate to events or circumstances that occur during
the term of this Agreement, this section will survive the expiration of the term of this Agreement
or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
INSURANCE REQUIREMENTS AND FORMS 00120 -Page 39 of 215
KEY WEST LIBRARY HVAC ORIGINA
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
Claims Made
- - -/-- z2z��
S n ture
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS
00120 -Page 40 of 216
AC<>RV CERTIFICATE OF LIABILITY INSURANCE
DATE (MWODNM)
4/27/ 2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. I
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the
certificate holder In lieu of such endorsemen it .
PRODUCER
The Porter Allen Company, Inc. PH -2542 _ ( 2 7995 zIj
513 Southard Streetne
Key FL
33040
- IIISUKRAXINSAME
INS CE C OMPAW
INSURED
S
IN
a Markel Insurance Com py
M LOC
`)
T.E.M. Environmental
INS RER
c :
& Mechanical Services,
Corp
INS
ANY AUTO
3210 Flagler Ave
BODILY INJURY (PM person) i
NSU
:
Re West FL
33040
0%;
AUTOS AUTOS
COVERAGES
CERTIFICATE NUMGER!CLI
107
VISION NUMBER:
O
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELM
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR BOND;
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AF
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
ADDL 1SR TYPE OF INSURANCE N
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
A CLAIMS-MADE 10 OCCUR X N 100033089 -0
r EN ISSUED TO THE INSURED NAMED ABOVE F08 THE POLICY PERIOD
ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
BEEN REDUCED BY PAID CLAIMS.
FMI 17/2016 6/17/2017 MEDEXP fS
DESCRIPTION OF OPERATIONS I I
CERTIFIED AIR COND
AJAX BUILDING
ACORD 101, AdOftional Remarks Bohedale, N mm apace N re"re0)
03
1,000,00'
100,00'
CD
EXCLUD>B; CD
1,000,00
2,000,00
2,000,00
w
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03
2,000,00
2,000,00
1,0
CD
1,000,00
1,000 00
CD
- 03
ADDITIONAL INSURED ONLY AS REQUIRED BY WRITTEN CONTRACT CG2010 0704)
AJAX BUrMING >C
1080 C01 -MRCE
MIDWAY, FL 323
AUTHORUD REPRESENTATIVE
ACORD 25 (20110106) 1 S• 0111TACt
INS025 (2moos).D1 The ACORD nanw and logo a Waterod marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
GLEN'L AGGREGATE
LIMIT APPLIES PER:
PR ODUCTS - COMPIOP A GG t
S
POLICY
M LOC
-
-0
AUTOMOBILE LIABILITY
MI LIMIT
S
ANY AUTO
BODILY INJURY (PM person) i
_
ALL OWNED SCHEDULED
BODILY INJURY (Per aaddent) $
AUTOS AUTOS
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AUTTOS
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DESCRIPTION OF OPERATIONS I I
CERTIFIED AIR COND
AJAX BUILDING
ACORD 101, AdOftional Remarks Bohedale, N mm apace N re"re0)
03
1,000,00'
100,00'
CD
EXCLUD>B; CD
1,000,00
2,000,00
2,000,00
w
J
03
2,000,00
2,000,00
1,0
CD
1,000,00
1,000 00
CD
- 03
ADDITIONAL INSURED ONLY AS REQUIRED BY WRITTEN CONTRACT CG2010 0704)
AJAX BUrMING >C
1080 C01 -MRCE
MIDWAY, FL 323
AUTHORUD REPRESENTATIVE
ACORD 25 (20110106) 1 S• 0111TACt
INS025 (2moos).D1 The ACORD nanw and logo a Waterod marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
This Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305) 809 -3955
Business Name T..E.M. ENVIRONMENTAL & MECHANI Ct1Nbr:0022480
Location Addr 3210 FLAGLER AVE
Lic NBR /Class 17- 00028763 CONTRACTOR CERT AC CLASS A
Issue Date: September 01, 2016 Expiration Date:September 30, 2017
License Fee $325.00
Add. Charges $0.00
Penalty $0.00
Total $325.00
Comments: THOMAS MCKECHNIE, QUALIFIER CACO57398
This document must be prominently displayed.
T.E.M. ENVIRONMENTAL & MECHANI
T.E.M. ENVIRONMENTAL & MECHANI OFere .1) TyFee OC Dr' -,er° I
3 210 FLAGLER AVE Date. 0 c 533 f7P_Cel �t �]L a 28125
2017 23763
OR LIC U.IPATIOWL RB\bpl_
KEY WEST FL 33040 1rais nunLer' 1 X12445
Im VISVI M 1I]RC $15100
Trans date= 5/01/16 Tined 15;37:50
MC KECHNIE, THOMAS EARLAND
T.E.M. ENVIRONMENTAL & MECHANICAL SERVICES, CORP
3210 FLAGLER AVENUE
KEY WEST FL 33040
rz..
x
(850) 487-.1395
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESS19�NAL REGULATION
CACO57398 ' ,f$SUED: 09 10112016
CERTIFIED AIR C OND CONTR
MC KECHNIE, T140MAS EARLAND
T.E.M. ENVIRONMENTAL& ME OANICAL
IS CERTIFIED udder the provisions of Ch.489 FS.
Expiration dale : AUG 31, 2018 L1609010001875
DETACH HERE
RICK SCOTT GOVERNOR
KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
CACO57398
The CLASS AAIR CONDITIONING CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2018
MC KECHNIE, THOMAS EARL*
ICAL SERVICES, CORP
t,
DISPLAY AS REQUIRED
SEQ # L160901
1. Thomas E McKechnie—
a. 2005 — Present Vice President of T.E.M. Environmental &Mechanical Services. I
started this air conditioning company in 2005 and I have nurtured it into a successful
full service mechanical contractor with a reputation for completing projects on schedule
and quality installations.
b 2000-2005 I was a project Manager with Nagelbush Mechanical, Inc. I was in charge
of the mechanical and plumbing Installation at the Kendall Regional Medical Center in
Miami - - Contract Amount $28,000,000.00
c. 1994-20001 was a project manager with John J. Kirlin, Inc. Projects I was responsible
for the mechanical & plumbing systems include the Miami Intermodal Center at the
Miami International Airport- Contract Amount $24,000,000.00, The North Terminal
Development Project for American Airlines at Miami International Air Port --- Contract
amount $51,000,000.00 and the Baptist Hospital at Homestead — Contract Amount
$ 28,000,000.00
2. Justin Earl Burge — Superintendent
a. 2006 — Pre8ent with TEM Environmental & Mechanical Services, Corp. — Justin was
hired in 2006 as a sheetmetal technician and has worked his way up to Superintendent
in charge of all our field work today. Justin has overseen such projects as Key West
Transit Facility, Key West City Hall at Glynn Archer, Basilica at St. Mary's, Stock
Island Jail HVAC Improvements, Keys Energy Fleet and Facilities and many more.
32 10 Flagler Avenue Key West, Fl, 33030
Tel: 305-414
ter7renv rime. nt 1Ci }yahoo.co
loll
ti,7�� T.E.M. Em) ntal
�4 ffffAg Mechanical. Services, Corp.
IN
April 27, 2017
2. Basillica at St. Mary's-1010 Windsor Lane Key West, FL
Contract Value $195,000,00—Install a 40 Ton Variable Refrigerant Flow System
with 42 fan coil units and temperature controls.
3. Key West Transit Faeffity-5501 College Road Key West, FL
Contract Value $ 274,000.00—Install (6) 15 Ton DX Split System and high velocity
vehicle exhaust removal system, sheetmetal duct, stainless steel duct, refrigerant
piping, insulation
4. H2O Suites (hotel)-1212 Simonton Street Key West, FL
Contract Value Install 45 Mitsubishi mini split systems with
building control.
5. ASPCA Key West-5200 College Road Key West, FL
Contract Value 605,000.00—Install (8) multi ton dx units with sheetmetal duct,
insulation, refrigerant piping and building temperature controls.
6. CVS pharmacy Store # 10169-500 Duval Street Key West, FL 33040
Contract Value $ 54,000.00. Install (6) owner provided 15 Ton DX units with
sheetmetal duct, insulation, refrigeration piping
7. Keys Energy Fleet & Faoffities, Building—FrOnt Street Stock island
Contract Value $85,000-00. Install (4) high velocity vehicle exhaust removvi
sys tems with duct and controls,
3210 Flagler Avenue Key West, F1, 33040
Tel® 305-414
lixoni
teme nviron inental@!yabm coin
AIL
SECTION _0011_0
PROPOSALFORM
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Item
Description
Pages
1.
Proposal Form
20
2.
Bid Bond (Proposal Security)
22
3.
Non - Collusion Affidavit
23
4.
Lobbying and Conflict of Interest Clause
24
5.
Drug -Free Workplace Form
25
6.
Local Preference Form
26
7.
Public Entity Crime Statement
27
8.
Subcontractor Listing Form
28
9.
Insurance Requirements and Checklist
29-30
10.
Workers Compensation and Employers' Liability
31
11.
General Liability
32
12.
Vehicle Liability
33
13.
Builders Risk (If needed)
38
14.
Proposer's Insurance and Indemnification Statement
38 -39
15.
Insurance Agent's Statements
40
Contractor License
Current Copy to Be Submitted with Proposal
Subcontractor Licenses to Be Submitted Prior to
Award of Notice to Proceed
16. In order to determine if the persons or entity submitting proposals are responsible, all
Proposals for contracts to be awarded under this section must contain the following
information:
A. A list of the entity's shareholders with five (5) percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a
list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of
PROPOSAL FORM 0011 0- age 17 of
j
documentation demonstrating that the entity is a legally viable entity shall be
attached.
B. A list of the officers and directors of the entity.
C. Relevant Experience: The number of years the person or entity has been operating
and, if different, the number of years it has been providing the service, goods, or
construction services called for in the proposal specifications (include a list of similar
projects).
D. The number of years the person or entity has operated under its present name and
any prior names.
E. Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the goods for
which it has contracted? (If yes, provide details of the job, including where the
job was located and the name of the owner.)
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or its officers,
directors, or general partners (this specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, entity,
officer, director or general partner in the last five (5) years)? (if yes, provide
details, include enough information about the judgment, claim, arbitration or
suit so that the Owner will able to obtain a copy the judgment or claim or
locate the suit by location and case number.)
c. Has the person, principal of the entity, entity, or its officers, major
shareholders or directors within the last five (5) years, been a party to any law
suits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? This specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, entity,
officer, director or general partner in the last five (5) years. (If yes, provide
details, include enough information about the judgment, claim, arbitration or
suit so that the Owner will able to obtain a copy of the judgment or claim or
locate the suit by location and case number.)
d. Has the person, principal of the entity, or its officers, owners, partners, majrM
shareholders or directors, gM initiated litigation against the County or bee
sued by the County connection _ to provide services, goods
about construction servicesi? This specifically includes any present or prior entities i
which the person, principal, entity, officer, director or general partner of th-
proposing entity has been involved as a person, principal, entity, office
director or general partner. (if yes, provide details, include enough informatio
_ judgment, +
s or r that the Owner r
obtain a copy of the judg or or r a by r • and cas
PROPOSALIFORM 001 10-Page 18 of 210
e. Whether, within the last five (5) years, the Owner, an officer, general partner,
controlling shareholder or major creditor of the person or entity was an officer,
general partner, controlling shareholder or major creditor of any other entity
that failed to perform p etvices or furnish goods similar to those sought in the
request for bids;
f,. Customer references (minimum of three), including name, current address
and current telephone number;
Credit References (minimum of three), including name, current address
and current telephone number;
g. Financial statements for the prior three (3) years. Please Provide in a
separate sealed envelope for the Contractor's confidentiality, and clearly label
the envelope "CONFIDENTIAL" one 1 on inal copy,
( "Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a road or
any other public works project is exempt from s. 119.07(1) and s.2(a), Art. 1
of the State Constitution. ")
PROPOSAL FORM 00110 -Page 19 of 216