Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17. 18. 2003
Division:
Public Works
Bulk Item: Yes -X-
No
Department: Facilities Maintenance
::s-~
AGENDA ITEM WORDING: Approval to waive a bid technicality, award bid, and enter into a
contract with Sub Zero, Inc. for the Air Conditioning Maintenance and Repair for the Lower Keys
Facilities.
ITEM BACKGROUND: On October 19, 2003, our current contract with Sub Zero, Inc. for the
Lower Keys NC Maintenance and Repair will expire. A bid opening was held on July 30, 2003 with
Sub Zero, Inc. submitting the lower of two proposals. Staff recommends BOCC approval to waive the
technicality of a missing bid security from their proposal, per County Attorney opinion, attached.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACVAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Same as stated above.
TOTAL COST: $25.000.00 Not to Exceed
BUDGETED: Yes ~ No
COST TO COUNTY: Same
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ----X-
OMBlPurchasing X Risk Management _ X ~
{A/~
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Director Public Works
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPosmON:
AGENDA ITEM #C/ /'
Revised 1/03
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~er-Ann _
.-- --- -'--... --- ~_.._--- .
-----...
From:
Sent:
To:
SUbject:
Hutton-Suzanne
Tuesday, August 19, 2003 2:27 PM
Riger-Ann
RE: AlC BID
You have asked whether the absence of a bid bond is a technicality that can be waived by the BOCC in the
award of a bid? The answer is that it must be determined on a case-by-case basis, as more fully explained
below, and in this particular case. the answer is yes,
Although the requirement of a bid bond accompanying a bid might be deemed in ordinary circumstances to be a
disqualifying event, the county COde does not require it to be so. It is a technicality which could be waived by
the SOCC if the circumstances are such that notwithstanding the absence of the required bid bond, there is a
high degree of assurance that the bidder will execute a contract if awarded the bid.
In this case, and in any other such case, one must look at the surrounding circumstances and determine if the
absence of the accompanying bid bond significantly affects the level of assurance the bond is supposed to give
the County that the bidder will finalize a contract. This case entails a contract which approximates $25,000. Had
the amount been slightly tess, a bid process (and therefore a bid bond) would n01 even have been required.
Further, the bidder has a long history of dealing with the County ana has informed staff that a bid bond was
attached even though staff has no record of receipt of the bond. Finally, the bidder currently provides contract
services tathe County. These considerations do give some assurance that if awarded the bid, the contractor
would execute a contract. Therefore, I am advising you that the absence of a bid bond in these circumstances
does constitute a technicality which could be waived by the BOCC.
>
From:
Sent:
To:
Cc:
Subject:
Riger-Ann
Tuesday, August 12, 20033:33 PM
Hutton-Suzanne
Cherry-Lisa
AlC 810
Hi Suzanne,
On July 30, 2003 a bid opening was held for Central Air Conditionng Maintenance and Repair for the lower
Keys Operations. The Instructions to Bidders clearly indicated that a 5% bid security must be Submitted with
the bid. An addendum went out on June 26, 2003 indicating that for bid security purposes, the annual
expenditures for alc maintenance shall not exceed $25,000.00.
Two bids were received with Sub-Zero being the lowest bid. However they did not have a bid security
included in their bid. I called Sub-Zero and they said they submitted a cashiers check. We couldn't find
evidence of that Sub-Zero is our current contractor for the Lower Keys AlC Maintenance.
Is this a technicality that the BQCC can waive? Please advise.
Ann
Page 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sub Zero, Inc. Contract #
Effective Date: 10/20/03
Expiration Date: 10/19/04
Contract Purpose/Description:
Central AlC maintenance and repair for the Lower Kevs Facilities
Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 09/17/03 Ae:enda Deadline: 09/02/03
CONTRACT COSTS
Total Dollar Value of Contract: SIJ7't25,000.00
Budgeted? Yes[g/ No 0 Account Codes:
Grant: S N/ A
County Match: S N/ A
Current Year Portion: S 0
001-20501-5~- ~3VO
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: S~yr For:
(Not included in dollar value above) (e2. maintenance. utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~a;r In Needed
Division Director ~J1>I.03 YesO NoD
Risk Management glJ I 10 3 Yes~NoO
O.M.B./Purchasing ~ 2-ll (,3 YesO Nog--
County Attorney t5:n !03 YesO No
Comments: .:In SUr41')(o( Q; tl &chh\evd.s 6.-L f,) wC, \ J V L I o.re. "'04
Q'S Wte~~jdV\1"cP l~ 'S',,;'fO"'l 3.\\ ~/
Date Out
,
.27'" ci3
Q. ~QJ."O
OMB Form Revised 2/27/01 MCP #2
, .
SECTION THREE
CONTRACf
TIllS AGREEMENT, made and entered into this 17th day of September, 2003, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and Sub
Zero, Inc. , (hereinafter called the "Contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follow:
3.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents.
3.01 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders,
and any addenda issued hereafter, any other amendm~nts hereto executed by the parties
hereafter, together with the bid proposal and all required insurance documentation.
3.02 SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus,
and transportation, and perform all of the work described n the Specifications entitled:
Central Air Conditioning
Maintenance and Repair
Lower Keys Facilities
Up to and Including Big Pine Key
Monroe County, Florida
And his bid dated July 30, 2003 each attached hereto and incorporated as part of
this contract document. The specifications shall serve as minimum contract
standards, and shall be the basis of inspection and acceptance of all the work.
3.03 THE CONTRACT SUM
The Owner shall pay to the Contractor for the faithful performance of the Contract, in
lawful money of the United States, as follows:
A. The actual cost of parts and materials purchased from the manufacturer plus
30% used by the Contractor to fulfill the obligations of the Contract.
Manufacturer's invoice must accompany all requests for payment for any part
which exceeds $100.00, and may be requested at the discretion of the Owner for
any part, regardless of the cost.
B. The cost of labor and equipment used by the contractor to fulfill the obligation of
the Contract. The labor and equipment costs will be calculated using the unit
prices set forth in the Contractor's bid as follows:
1. Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays.
$64.00 per hour, mechanic
$70.00 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the normal working hours as
stated above, including holidays
$72.00 per hour, mechanic
$80.00 per hour, mechanic plus helper
Such costs must be documented for each repair and/or maintenance job and
included with all Applications for Payment
C. Freon for recharging systems:
1) R-22 $10.54 per pound
2) R-12 $48.50 per pound
D. The total contract sum shall not exceed $25,000.00 per year.
The Contractor shall submit with his invoice the Application for Payment Details as shown in
Section Two - Contract Specifications, page 9.
3.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the site and has made
investigations to fully satisfy himself that such site is correct and a suitable one for this
work and he assumes full responsibility therefore. The provisions 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.
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 by the Owner of any of the services furnished
by the Contractor shall not operate as a waiver by the Owner of strict compliance with the
terms of this Contract, and specifications covering the services. Failure on the part of the
Contractor, immediately after Notice to Correct 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 jointly and severally liable to the Owner fot 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.
3.05 TERM OF CONTRACTIRENEW AL
A. This contract shall be for a period of one (1) year, commencing October 20th 2003, and
terminating October 19, 2004.
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.
3.06 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.
3.07 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
contractor or any ofhislher employees, contractors, servants, or agents to be employees of
the Board of County Commissioners for Monroe County.
3.08 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.D9 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 m~er or event be deemed to impose any obligation
upon the board in addition to the total agreed-upon price of the services/goods of the
contractor.
3.10 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by
all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of,
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulatic;:>ns 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.
3.11 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the
attached forms identified as INSCKLST 1-5, as further detailed on forms WCI, GLI, 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.
3.12 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially
reduced Of cannot be obtained or cannot be continued at level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be terminated
immediately at the option of the Board of County Commissioners by written notice of
termination delivered in person or be mail 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.
3.13 PROFESSIONAL RESPONSmILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, subject to the terms and
conditions set forth in these contract documents The provider shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Owner is contingent upon retention of
appropriate local., state, and/or federal certification and/or licensure of contractor.
3.14 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
Sub Zero, Inc.
6003 Peninsular Avenue
Key West, FL 33040
3.15 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 ofits intention to do so.
3.16 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. In the event of any
litigation, the prevailing party is entitled to reasonable market value attorney's fees and
costs.
3.17 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: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
(SEAL)
Attest:
CONTRACTOR
SUB ZERO, INC.
By:
By:
WITNESS
Title:
Title:
By:
WITNESS
Title: