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Item C22 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18. 19. 2002 Division: Public Works Bulk Item: Yes X No - Department: Facilities Maintenance AGENDA ITEM WORDING: Approval of a Contract Renewal with Mowrey Elevator Service, Inc. for complete elevator service maintenance for all Monroe County elevators. ITEM BACKGROUND: On November 21, 2002, the current contract with Mowrey Elevator Service, Inc. will expire. Contractor wishes to exercise the first of two one-year renewal options in accordance with Article 3.06(B) of the original contract dated October 17, 2001. PREVIOUS RELEVANT BOCC ACTION: On October 17, 2001, the BOCC approved to award bid and enter into a contract with Mowrey Elevator Service for complete elevator service maintenance for Monroe County. On March 20, 2002, the BOCC approved a contract amendment to include the elevator and dumbwaiter at the Key West Courthouse to the specifications, and on August 21,2002, the BOCC approved to include the elevator located at the Gato Building to same. CONTRACT/AGREEMENT CHANGES: To renew contract for an additional one-year period commencing on November 22, 2002, and to increase costs by the most recenf CPI-U available '(July, 2002 of 1.4%). STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $27.767.25 BUDGETED: Yes -X- No - Account #001-20501-530-340 COST TO COUNTY: $27.767.25 #101-20505-530-340 #404-63001-530-340 REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH_ Year - APPROVED BY: Risk Management v ITEM PREPARED BY: #0 , Sr. e , Lower Keys Operations ~ ~ 'r/tj;62- DIVISION DIRECTOR APPROVAL: Dent Pierce, Director of Public Works DOCUMENTATION: Included X To Follow Not Required_ DISPOSmON: AGENDA ITEM # (>/ ;)).. Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Mowrey Elevator Service Contract # Effective Date: 11/22/02 Expiration Date: 11/21/03 Contract PurposelDescription: To renew the contract for complete elevator service for an additional one year period, and increase contract cost bv the most recent CPI-U available. (1.4%) Contract Manager: Ann Mytnik 4431 Facilities MaintJStop #4 (Name) (Ext.) (DepartmentlStop #) for BOCC meetin~ on 09/18/02 A~enda Deadline: 09/04/02 CONTRACT COSTS Total Dollar Value of Contract: $ 27,767.25 Current Year Portion: $ 0 Budgeted? Yes[g] No 0 Account Codes: 001-20501-530-340- ; Grant: $ N/A 101-20505-530-340- County Match: $ N/A 404-63001-530-340- - - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) lee:. maintenance. utilities. ianitorial, salaries. etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~' Division Director YesDNoD ~ Risk Management <6 -aa {) 0- YesO NoEl 'Db - . O.MR/Purcbasing elzv/64esO N~ {;~ County Attorney ~ };)..3/0LYesD No~ Comments: OMB Fonn Revised 2/27/01 MCP #2 CONTRACT RENEWAL (Complete Elevator Service Maintenance for Monroe County) TillS CONTRACT RENEWAL is made and entered into this lS1h day of September, 2002, between the COUNTY OF MONROE and MOWREY ELEVATOR SERVICE INC., in order to renew the agreement between the parties dated October 17,2001, and as amended on March 20,2002, and August 21,2002 (copies of which are incorporated hereto by reference); as follows: 1. Contractor will exercise the first of two renewal options in accordance to Article 3.06 (B) of the original contract dated October 17,2001, and the contract amount will be adjusted in accordance with the CPI-U for the most recent 12 months available. (July, 2002 1.4%.) 2. The renewed contract shall commence on November 22, 2002, and will expire on November 21, 2003. 3. The contract costs for monthly maintenance shall increase from $2,042.00 to $2,071.00, and costs for biennial inspections shall increase from $2,875.00 ($125.00 per elevator) to $2,915.25 ($126.75 per elevator). 4. In all other respects, the original agreement dated October 17, 2001 and as amended on March 20,2002, and August 21,2002, remains in full force and effect. :- IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year ftrst written above. . ..: Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COJ\1MISSIONERS OF MONROE COUNTY, FLORIDA By: By: , , MOWREY ELEVATOR, INC. Witness: Witness: By: CONTRACT AMENDMENT \ " (Complete Elevator Service Maintenance for Monroe County) THIS CONTRACT AMENDMENT is made and entered into thi~' ~day of f1\J6~02, between the COUNTY OF MONROE and MOWREY ELEVATOR SERVICE INC., in order to amend the agreement between the parties dated October 17, 2001, and as amended on March 20, 2002 (copies of which are incorporated hereto by reference); as follows: 1. Revise Section Two - CONTRACT SPECIFICATIONS Paragraph "G" to inclllde the elevator at the Gato Building, I 100 Simonton Street, Key West, Florida, Serial Number 60239. 2. Ail contract obligations and issues pertaining to the elevator service maintenance for Monroe County elevators, pertain to the Gato Building elevator. 3. The cost for monthly maintenance service will be $120.00 for the elevator. Costs for biennial inspection will be $125.00. The increase in cost to the contract will be from $1,922.00 per month to $2,042.00 for maintenance service, and from $2,750.00 biennially to $2,875.00 biennially for inspection. 4. The inclusion of the Gato Building elevator, serial number 60239, into the contract specifications, will commence on October 1, 2002. 5. In all other respects, the original agreement dated October 17, 200 ~ and as amended on March 20, 2002, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: MOWREY ELEVATOR, INC. Witnes B~J~ I APPRo',/, AND LEGXf t;J TO FORM B FAC~NCY ROBER N Ml DATE ~ Pi -CJa ~-- \..ONTRAcr AMENDMENT ~,', .' \, " ; ,';',: . ~ . . , ~, (Complete Elevator Service Maintenance for Monroe County) . THIS CONTRACT AMENDMENT is made and entered into this 20th day of March, 2002, between the COUNTY OF MONROE and MOWREY ELEVATOR SERVICE INC" in order to amend the agreement between the parties dated October 17, 2001 (a copy of which is incorporated hereto by reference); as follows: 1. Revise Section Two - CONTRACT SPECIFICATIONS Paragraph "G" to include the Monroe County Courthouse at Jackson Square, 500 Whitehead Street, Key West, Florida, Serial Number 56691, and the dumbwaiter at the Courthouse, Serial Number 56216. 2. Ail contract obligations and issues pertaining to the elevator service maintenance for Monroe County elevators, pertain to the Courthouse elevator and dumbwaiter. 3. The cost for monthly maintenance service will be $130.00 for the elevator, and $75.00 for the dumbwaiter. Costs for biennial inspection is $125.00 for the elevator. ' The increase in cost to the contract will be from $1,717.00 per month to $1,922.00 for maintenance service, and from $2,625.00 biennially to $2,750.00 biennially for inspection. 4, In all other respects, the original agreement dated October 17,2001, remains in full force and effect. '.;IN'c~'s;"\VHEREOF, the parties have hereunto set their hands and ;eal, the day and year ,;firs(wri~en :;ibb'~e. ' .',',. \ i""',. 'f<"l"',\ . " ' .., ,,',' , \ ~ !!Y:::1.~' \' ;;.,' >:<' \ \~.,;.,~ " ;,... . .' :':'!..;"''''\. \ .:. \;i:",oitl : 0" ;. ... ~_ r I.." 7~ ,..")' 'i<t-- ,;,,\,:">;~2\!t~~,~~~ Kolhage, Clerk BOARD OF CO TY COMMISSIONERS ~::'.~A ,,~ OF MONROE C TY, FLORIDA "':',-.;;.:..~ . 1 ......~ ,....,~ -...~ By. By: MOWREY ELEVATOR, INC. Witness: B~ Witness: , ";', r f';' ~_\ i I I \ ~\ '---..." ..." v 'voJ ,~( \ "CONTRAcr SPECIFICATIONS -} Brn PROPOSAL . COl\tPLETE ELEVATOR SERVICE MAINTENANCE FOR MONROE COUNlY DATE: A. The Contractor shall 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 and the Elevator Safety Code for Elevators and Escalators ASME A 17. I B, The Contractor shall be a Certificate of Competency Holder for the service maintenance contract in accordance with the revised Florida Statue Section 399.061 for required inspections. C. The Contractor shall respond withi n four (4) hours of notifi catio n of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty-four (24) hour service. :- D. The Contractor shall respond and rectifY all deficiencies as deemed necessary by the BUreau of Elevator Inspection within thirty (30) days of notification. E. The Contractor shall enSUre that machine rooms are kept in a clean and safe manner at all f times. F. The Contractor shall abide by the Rules and Regulations for Contractors at the Monroe County Detention Facilities when servicing same. G. Monroe County Elevators to be Serviced are as follows: I .l"...... ",- .... .....-- ---.--.. .. ". ".. '.. .... ------. .. ... .... .. , .-. .-, Facility Addn~ss I Sc.'I-ial L,_N\Jml~~r.", "" "_"'" ---_ UOU. ~-_.___. n ..__ --... .. --. -.---.---.. ...-.-. "..-...... "M~~J~)e County Coul1houS~A;~;;- -----. --. ..-. 502 \Vhitehead Street, Ke West, FL 33040 Monroe County Coul1h()u;~ Annex 502 Whitehead Street, Ke West, FL 33040 Pla~i()n Key Coullhouse _ US flI & Highpoint Road, Plantation Key: FL 33070 ".Ll:,~!~~_~~~~~ Lester Justice 8ui!9_~~.. 530 Whitehead Street, Key West, FL_330~_ - Plantation Key ElIis Building, 88800 Overseas Highway, Plantation Key, FL 33070 . M~~<:~~~~n Government Center 2798 Overseas Iii hwa , Marathon, FL 33050 10[9 \ 'Il'~'f 46502 Monroe Count Courthouse Annex 46899 Monroe Count Detention Center 46900 Monroe Count Detention Center \' Records Stora e Facilit 46945 47143 Monroe Count Detention Center 47144 Monroe Count Detention Center 47274 Monroe Count Detention Center 47275 Monroe Count Detention Center 47276 Monroe Count Detention Center 47834 Marathon Ai ort 50030 Sheriff's Administration Buildin 50031 Sheriff's Administration Buildin 51768 Harve Government Center 56110 Plantation Ke Detention Facilit 56599 ARFF Buildin - Ke West :- . f 20f9 ~t~:' : THIS AGREEMENT, made and entered into this 17''' day of October, 2001, A.D., by and between MONROE COUNTy, FLORID A, (hereinafter called the Owner) and Mowrey Elevator Sef\licc. Inc., (hereinafter called the Contractor). ' WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 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 A. The Contractor shall furnish all labor and equipment to provide routine examination, lubrication, cleaning, adjustment, replacement of parts, and performance of applicable COde-required safety tcsts 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 Statutc Chapter 399, the Elevator Safety Code for Elevators and Escalators ASME Al 7. I, the Specification Package entitled "Complete Elevalor Selvice Maintenance for Monroe County", and his bid dated September II, 200 I B The Contractor shall be a Certificate of Competency Holder for the service I maintenance contract in accordance with the revised Florida Statute Section . 399,061 for rcquired inspections, C The Contractor shall respond within four (4) hours of notification of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shall provide a COntact person to cnsure twenty-four (24) hour servicc. D, The Contractor shall respond and rectifY all safety related deficiencie., deemed nccessary by thc Bureau of Elevator Inspection immcdiately. If deficienCy/deficiencies cannot be rectified immediately due to the unavailability 01 pans, the Contrac"" sh."termin.tc powcr to the elevatolts) so th.t il may no, he utiliz.cd until rectification Contractor will rectify safety-related ddiciencies wi I h, n fi1l1 y-ei gill (4 X) hou ,.s 01 ,.ecei pi 0 I p.n s .I1,e Contract or sha" rcet ify .11 0' he, del; cienci es deen",d necessary hv I he B u rcau of Elc v.(o, I n'pecl ion wit hi n II1111y (30) days of notification F. Tloe Cont,..cto,. sh.11 cn'ure th.1 machioc mOms arc kcpl in a c1""" and sale manner at alltimc!'i, F The Contractor sh.1I abidc by thc Rules and Regulations for Contractors at the Monroe County Detention Facilitics when servicing same. .. ... ' H~'''' ,.." JV U<1Y 01. U\',:' "Jllowmg month in each of l\~'-I\1,; \.lL) months:~(~ The Contractor shall invoice the County monthly for elevator selVice and maintenance performed under the Specifications contained herein. Thc 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. Thc Contractor hcreby 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 provisions of the Contract shall control any inconsistent provisions contai ned In thc specifications, All specifications have bccn read and carefully considcred by the Contractor, who undcrstands the samc 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 owncr than against the Contractor (and his Surety, if applicable). 8, Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his dccision 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 C9mpliance with the tcrms of this Contract, and Specifications covcring said work. Failure on thc 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 I 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 CONTRA CTIREN EW AL A, This contract shall commence November 22, 2001 and terminatc on November 2 I. 2002, This Contract term shall be rcncwable in accordance with Ar1icle 3 0613 B The Owner shall hav(' the option to rene'.... this agreement after the first yc:,ar" and each succeeding year, for two additional one year periods, The Contri1Cl amount agreed to he.re-ill Illight be adjusted annually in accordance wit.h the percemage change in the Consumer Price Index for all urban consumers (CPI-U) for the most rcccnt 12 months available, Increases in the contract amount during each option year period shall be extended into the succeeding years, ),07 HOLD HARMLESS , , " . '-' ...--- ~..t'~..",,~ 'lU'-\J,t.;l~lg tlUOmey's tees} which ~ 'W~ VUl Ul, In corut....~((on WIth, or by reason of servIces provIded by the Contractor Or .. any of its Subcontractor(s) in any tier, occasioned by tbe negligence, errors, or otber wrongful act of omission of tbe Contractor or its Subcontractors in any tier, tbeir r employees, or agents. In tbe eventtbe 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 remu neration paid to the Co ntractor 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 UNDEPENDENTCONTRACTOR At all times and for ail 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. 3,09 ASSURANCE AGAINST DISCRlMINA TION - 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, tenninating, or any other area affecting employment under this agrcement or with the provision of services or goods under this I , agreement. 3,10 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with thc prior written approval of the Board of County Commissioners for Monroc County and Contractor, which approval shall be subject to such conditions and provisions as thc Board may dccm necessary, This paragraph shall be incorporated by refcrcnce into aIlY assignmcnt or subcontract and any assignee or subcontractor shaH comply wit h all of the provisions of this agreement Unless expressly provided for thcrein, such approval shall in no manner or event bc deemed to impose any obligat ion Upon the Board in addit ion to the total agreed-upon price of'the scrvicc/goods of' the Contractor 1 II COMPLIANCE WI1T-I LAW In providing all scrvices/goods pursuant to this agreement, the Contractor shall abidc by "II 'l3lut e,. ordi nances, ru I es and regula t io n, pertaining to, or regulating the provi sions of, Such serviccs, including those now in effcct and hcreinafter adopted, Any Violation of '....llH Ul UUS contractY;,\." - ~. -~."" m,u lU(;~~ (<>cltlcattons throughout th~ 3.12 INSURANCE I Prior to execution of this agreement, the contractor shaU furnish the Owner Certifi cates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached fonns identified as INS CKLST, as further detailed on fonns WCI, GLI, and VL I, each aUachcd hereto and incorporated as part of this contract document, and aU other requirements found to be in the best interest of Monroe County as may be impOsed by the Monroe County Risk Management Department. 3.13 FUND rNG A V AlLAB ILITY 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 tenninated 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, 3,14 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 shaU at all times exercise independent, professional judgment and shaU 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 3.15 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 folIowing: FOR COUNTY FOR CONTRACTOR Monroe County Facilities Maintenance Mowrey Elevator Service, lnc, 3583 S. Roosevelt Blvd, 3300 S.W. 50th Avenue Key West, FL 3::\040 Davie, FL 33 3 14 3 16 CANCELLATION A The County may caned this contract for cause with seven (7) days notice to the COlltractor Cause shall const itute a breach of the obligatiollS of the COlltractor to perform the services enumerated as the. Contractor's obligations under thi~ C.Ontract B Either of the panics hereto may cancel this agreement without cause by giving the other pany sixty (60) days written notice of its intention to do so ~ '", """. CONTINGENCY Sf'Ah~MENT "."0:: .03;,'- J.1"8 , ,. 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. ~OF COUNTY COMMISSIONERS F MONROE C7Y' ~A d y: 8'- ~ puty Clerk Mayor/Chairman ' Da:te: ~ 17 c...,,, r , (SEAL) Attest: BY~~~U . . ~SS Title: e__~_ .2/ ~ By&:. Q ~ I ;N1TNESS ,