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Item C11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17. 18.2001 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Mowrey Elevator Service for Complete Elevator Service Maintenance for Monroe County. ITEM BACKGROUND: On November 21,2001, the current contract for Complete Elevator Service Maintenance will expire, with no additional options to renew. On September 11, 2001 a bid opening was held for elevator service with Mowrey Elevator submitting the lowest responsive bid., PREVIOUS REVELANT BOCC ACTION: On July 18, 2001, the BOCC approved to advertise for bids a Complete Elevator Service and Maintenance Contract for Monroe County elevators. CONTRACTIAGREEMENTCHANGES: N/A .: STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST:$20.604 annual service & maint $2.625 biennual inspection BUDGETED: Yes -X- No Account #001 20501-530-340 #101 20505-530-340 COST TO COUNTY: Same REVENUE PRODUCING: Yes No--X- AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ ITEM PREPARED BY. ~ DIVISION DIRECTOR APPROVAL: W. King, Acting Sr. Director, Lower Keys Operations ~p~ /0/2-/6) Dent Pierce, Director of Public Works DOCUMENTATION: Included X To Follow Not Required_ AGENDA ITEM #-L-c.// DISPOSITION: Revised 2/27/01 ..~' .,..~" .~........ '...~.. w...,,' .w, :e>o Ha. ct. ..........".,' ,2 ffi ................~.....~ DYo...,..ac :~lliiii:llil:i~~~ ~ffi ',~....'j'(....'<(. ..~ii~i!~~il~~,::~. ~....~....~.uuffi....~, ct.I-t.......COUJ I--V)..f:::s\J ' U).,'."<..Q)q~...~ !Z J:" 2.0.. ' ac I-t~HUJ~ :E ::>.2 V) -.a.. w a. &oJ '. , ",',' ',0.. W 0 "< '.'.,..0 f-f- <-- ..',..~ D> ,co Z. UJ ..-..l WUJ 0.. O~ , UJ ..-..l 0- .:E o u ~. ::> o \J L1J o ct. 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I/) a> a> ...s::...s::: H +- +- s:: a> VI a> L.. a... a> a> +- ;t: E E o \J -0 en ." ~ -;:: 'U .~ ~ ~ ~ ~ ~ .... -Q ::::::: ~ ~ .~ :s; ~ ~ ~ ~ ~ .!;: '" ~ ~ ~ S \) ~~ ~~ ..g-Q ~ l::h ,~ .~. s.: 1: ~ ~ ~ ~ B'l:: ~.~ -....; ~~ ~ ~ ~ ~ -.t::-;:: ~ ~ i;:..g () ~"t. "'....... () ~ ~-;:: ~ ;:: ()C5 \3 ~ ~ ;t::~ ~' 1! ~-t:l -...J ~ ~-;:: . i:: '" ~ () ~ ~ ~ ~ St'l~ .~ .~ "tJ s::: t.. () a S} ~ ~ L.. o V) .:;; L.. a> 0- ::::J I/) Ol s:: 'in o ...s:: u L.. ::::J a... >:. L.. L.. a> ...s::: \J +- VI s:: L.. W o VI ....I >- 0> -0 a> s:: a> 0- o -0 en MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Mowrey Elevator Service Contract # Effective Date: 11/22/01 Expiration Date: 11/21/02 Contract PurposelDescription: Complete Elevator Service Maintenance for Monroe County . Contract Manager: Ann Mytnik 4431 Facilities Maint./Stop #4 ." (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/17/01 Agenda Deadline: 10/03/01 CONTRACT COSTS Total Dollar Value of Contract: $ 23,229 Budgeted? Y es~ No D Account Codes: Grant: $ N/A County Match: $ N/ A Current Year Portion: $ 001-20501-530-340- 101-20505-530-340- It 19,357.50 - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) . CONTRACT REVIEW Division Director Changes Ye~cr~:Ei tw(1- ~ YesD NO~C\ ( \-/J~ ~tf"f', ~i~1-, O-I-o( OMB Form Revised 2/27/01 MCP #2 p.r"\ .,...... '." ~ , ,I ;-', / ",.,,~.,~--.... S'J;D " (, L r ". (~' "i r. ....~f ""..~----..- SECTION THREE CONTRACT TIllS AGREEMENT, made and entered into this 1 ih day of October, 2001, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter called the Owner), and Mowrey Elevator Service, Inc., (hereinafter caned the Contractor). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutuany agree as fonows: 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, an 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 A. The Contractor shan furnish all labor and equipment to provide routine examination, lubrication, cleaning, adjustment, replacement of parts, and performance of applicable code-required safety tests on traction elevators or annual relief pressure tests on hydraulic elevators, and any other service, repair, and maintenance sufficient to ensure the safe operation of the elevators in accordance with Florida Statute Chapter 399, the Elevator Safety Code for Elevators and Escalators ASME AI7.1, the Specification Package entitled "Complete Elevator Service Maintenance for Monroe County", and his bid dated September 11, 2001. B. The Contractor shan be a Certificate of Competency Holder for the service maintenance contract in accordance with the revised Florida Statute Section 399.061 for required inspections. C. The Contractor shan respond within four (4) hours of notification of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shan provide a contact person to ensure twenty-four (24) hour service. D. The Contractor shan respond and rectify all safety related deficiencies deemed necessary by the Bureau of Elevator Inspection immediately. If deficiency/deficiencies cannot be rectified immediately due to the unavailability of parts, the Contractor shall terminate power to the elevator(s) so that it may not be utilized until rectification. Contractor will rectify safety-related deficiencies within forty-eight (48) hours of receipt of parts. The Contractor shan rectify all other deficiencies deemed necessary by the Bureau of Elevator Inspection within thirty (30) days of notification. E. The Contractor shan ensure that machine rooms are kept in a clean and safe manner at all times. F. The Contractor shan abide by the Rules and Regulations for Contractors at the Monroe County Detention Facilities when servicing same. 3.04 THE CONTRACT SUM A. The County shall pay to the Contractor for the performance of said service on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for elevator service and maintenance performed under the Specifications contained herein. The Contract amount shall be as stated by the contractor's bid as follows: Monthly service and maintenance - one thousand seven hundred seventeen dollars and no cents, ($1,717.00); Biennial inspection - two thousand six hundred twenty five and no cents, ($2,625.00). 3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A., The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and suitable ones for this work and he assumes full responsibility therefore. The provisio,.ns of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the owner than against the Contractor (and his Surety, if applicable). .: B. 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. C. 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. Failure on the part of the Contractor, immediately after Notice to Correct workmanship shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the 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 TERM OF CONTRACTIRENEWAL A. This contract shall commence November 22, 2001 and terminate on November 21, 2002. This Contract term shall be renewable in accordance with Article 3.06B. 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 om:ion year period shall be extended into the succeeding years. 3.07 HOLD HARMLESS 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'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. The fIrst ten dollars ($10.00) 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. 3.08 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is 8;t1 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 ofthe Board of County Commissioners for Monroe County. 3.09 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. 3.10 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under 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 Board may deem necessary. This paragraph 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 Board in addition to the total agreed-upon price of the service/goods of the contractor. 3.11 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 3.12 3.13 3.14 3.15 said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor' shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 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, as further detailed on forms WC1, GL1, and VL 1, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. FUNDING AVAILABILITY , J" In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at a 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 Board of County Commissioners by written notice of termination delivered in person or mailed to the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. ' .: PROFESSIONAL RESPONSffiILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 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 be certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Mowrey Elevator Service, Inc. 3300 S.W. 50th Avenue Davie, FL 33314 3.16 CANCELLATION A. The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B. 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. 3.17 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. ' 3.18 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: D~L.KOLHAGE,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: .: (SEAL) Attest: CONTRACTOR Mowrey Elevator Service, Inc. By: By: WITNESS Title: By: WITNESS PUBLIC ENTITY CRIME STATEMENT "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 consultant under a contract with any public entity,.and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " .: