Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting pate: S~ember 15.2004
Division: Public Works
Department: Facilities Maintenance ~L
Bulk: Item: Yes ~ No
AGENDA ITEM WORDING: Approval to reject bids, and re-bid for the Central Air Conditioning
Maintenance and Repair for the Upper Keys Facilities, and to extend the contract with Houston Air,
Inc. on a month to month basis until an award of bid can be completed.
ITEM BACKGROUND: On October 20, 2004, our current contract with Houston Air, Inc. for the
Upper Keys NC Maintenance and Repair will expire with no additional options to renew. On August
3, 2004 a bid opening was held with four bidders responding. Charges for travel time were not included
on the bid form, and an error on the bid form caused one bidder to omit overtime labor hours. The
County. Attorney's office agreed to reject bids and to re-bid. It is expected that BOCC approval to
award a new bid will be after the October 20, 2004 expiration date with our current contractor.
Approval to extend the contract on a month to month basis will provide continual service in case of
emergenCIes.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: Extend contract with Houston Air, Inc. on a month to
month basis until an award of bid can be established. Contract price remains the same.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:$61.26 Del" hr I mech. $70.00 Del" hr mech + he1Del" BUDGETED: Yes ~ No
$72.00 per OT hr I mech, $80.00 hr OT m.ech + helper
Freon $10.54 per lb.
30% materialll'l81'k-up
COST TO COUNTY: Same SOURCE OF FUNDS: Ad valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~
Od~X ~ :~__X_
Dent Pierce, Director Public Works
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required
DISPosmON:
AGENDA ITEM # Cs
Revised U03
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Houston Air, Inc. Contract #_
Effective Date: 10/20/04
Expiration Date: N/A
Contract PurposelDescription:
Extend contract for the Central AlC Maintenance and Repair for the Upper Keys on a
Month to Month basis until an award of bid can be achieved.
Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meetin~ on 09/15/04 ~enda Deadline: 08/31/04
CONTRACT COSTS
Total Dollar Value of Contract: $ NTE
25,000
No 0 Account Codes: 001-20501..530-340-_
Current Year Portion: $
Budgeted? Yes[8]
Grant: $ N/ A
County Match: $ N/ A
- - -
--
- - - -
-----
-
-
- -
--
N/A
ADDITIONAL COSTS
Iyr For:
(e~ maintenance, utilities,. . . salaries, etc.)
Estimated Ongoing Costs: $
(Not included in dollar value above)
CONTRACT REVIEW
Changes
ga!f ~~ Needed
Division Director 7if1U-I1l1 YesO NoGr
Risk Management ~ YesONoli:a"
O.M.B./Purchasing t1~j'lf1 YesON~
County Attorney ~ YesD Nor;a/ ~
Comments:
OMB Form. Revised 2/27/01 MCP #2
Date Out
CONTRACf AMENDMENT
(Central Air Conditioning Maintenance and Repair for the Upper Keys Facilities)
.
. TIllS CONTRACT AMENDMENT is made and entered into this 15th day of
September, 2004, between the County of Monroe and Houston Air, Inc. in order to
amend the Agreement between the parties dated September 19, 2001, and as renewed on
August 21, 2002, and August 20, 2003 (copies whioh are incorporated hereto by
reference) as follows:
1. Effective October 20, 2004, the contract shall be on a month to month basis
until an award of bid can be achieved.
2. In all other respects, the original agreement between the parties dated
September 19,2001, and as renewed on August 21, 2002, and August 20,
2003, 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
BOAIW OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FWRIDA
By:
By:
Deputy Clerk
Witness:
HOUSTON AIR, INC.
Witness:
By:
CONTRACT RENEWAL
(Central Air Condit.. - .ling Maintenance and Repair for the upper Keys Facilities)
..
'"
THIS CONTRACT RENEWAL is made and entered into this 20th day of August 2003,
between the COUNTY OF MONROE and HOUSTON AIR, INC.\- in order to renew the
Agreement between the parties dated September 19, 2001, and as renJwed on August 21, 2002
(copies which are incorporated hereto by reference); as follows: I
1. In accordance with Article 3.08B of the original contract dated September 19, 2001, the
County exercises its final option to renew the contract for an additional one-year period.
2. The term of the renewed contract will commence on October 20,2003, and will terminate
on October 19, 2004.
3. In all other respects, the original contract dated September 19, 2001, and as renewed on
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
.f~t;~!.l above.
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j,~- Aft~St~p~nrty-ii. Kolhage, Clerk
. ;-
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
.~
~
BY0
eputy Clerk
By:
~~jd >n ~~
Witness:
Witness:
::~~~~~
I... \.,cmral Air Conditioning Maintenance and Repair for thc Upper Keys Facilities)
n~ls CONTRACT RENL ..AL is made and entered into this 2101 day of August 2002, bctwce"ft the
COUNTY Of MONROE and HOUSTON AIR, INC, in order to renew the Agrccment betwccn the pal1.ics..oated
September 19, 2001 (a copy of which is incorporated hereto by reference); as follows:
1
~n accordance with Article 3.08B of the original contract dated Scptcm~r l~l' 2001, the County excrcises
Its fIrst of two options to renew the contract for an additional one-year pcnod,
.
Article 3.04 THE CONTRACT SUM, shall be adjusted in accordance with the percentage change in the
CPI-U for the most recent 12 months availablc. The contract amounts are as follows:
2.
A TIle actual cost of parts and materials purchased from the manufacturer plus 35% used by the
Contractor to fulfill the obligations of the Contract_ Manufacturer's invoice must accompany all
requests for payment for any part wh.ich exceeds $100.00, and may be requested at the discretion of the
Owncr for any part, regardless of the cost.
B. TI1C 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 as follows:
I. Labor during nonnal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding
holidays shall be $61.26 per hour, I mechanic, and $91.89 per hour, I mechanic plus helper.
2 Labor during overtime hours other than the nomlal working hours as stated abovc, including
holidays shall be $91.89 pcr hour, Imccllanic, and $137.84 per hour, 1 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 sIlall be $8.17 per pound for R-22, and $40.84 per pound for R-12.
D. TIle total contract sum shall not exceed $20,420.00 perycar. '
3. TIle lenn of the renewed contract will commence on October 20, 2002, and willlemlinate on October 19,
2003.
4 III all other respccts, the original contract dated September 19, 200 I between the parties remains in full
force and effect.
IN ~JTNES~\VHEREOF, the parties have hereunto sct their hands and seal the day and year first wriUen above.
;. . .... . /.>., ;.._ ~\,J.\\
\ .- i .;)J'Y"il
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.\.'~ ; 'Att~~f~:~aJi:rly~'. Kolhage, Clerk
'\, .... . .~~ ;-~ . ;:-~:.:~t7
'''~::~~~-
\d~ /_
Deputy Clerk
BOARD OF CO~TY COMMISSIONERS
OF MONROE C9~rY, FLORIDA
\...'/:-
I ..
II
By:_
_ _ n _.__"_ ._.._.___..____..____.'._______...__
Witness -j.. tl!Jf:k-
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Witness L )~~: -_!.L~ / 6_-:.---"
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THIS AGREEMENT, made and c.,ered into this 19th day of S<a]tember, 2.001, AD by ani between
Monroe. Connty, Florida, (hereinafier called the "Owner"), and Houston Air, Inc. (herein'fier called
tbe "Contractor")
\VITNES SED
as follows
3.01 TUE CONTRACT
The contract between the OWner and the contractor, of which this agreement is a part, consists
of the contract documents.
~ .
That the parties hereto, for the COnsideration hereinaAer set foIth, mutually agree
,.
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders, and any
addenda iSSUe<! herealler, any other amendments hereto executed by the parties herealler,
together with the bid proposal and all required insurance documentation
3.03 SCOPE OF \VORK
The Contractor shall lurnish all labor, materials, equipment, machinery, tools, appara[us, and
[ransp 0 rta[ io n, and perlorm a \I 0 l the work described in the S peci fi cation entitle<!
And hIS bId date<! Augu$l 30. 200 I, attached hereto and incorporated as parlor tillS COn".act
docu l11en,. a lid shall du eve, 1'1 hi n g req u ired by this Contract and other Contract Oocu mell [s
CENTRAL AIR CONDITIONING
MArNTENANCE AND R,EP AIR
UPPER KEYS FACILITIES
MONROE COUNTY, FLORIDA
3.()4 THE CONTRACT SUM
The OWller shall pay [0 the COntraclo' lor the faithlul performancc of the Con[ract. III lawrul
l1loney or the United States, as follows:
A rhe actua I COst ol pa,' sand III a tcria I S m.!rcl!a_s.!<\!-frolll..JilL,,!.a. 01)\ [a.clu r<;! plu s 3 5 % used
by the COli" acto, toto., IIi II lhe obligatio n s of the Cont,.ac' Manu factur er' sin va'ce III usl
accompany all r.c.q"cs,s fo, payment for anI' pan which exceeds $100 00. '''d lI"y he
'\"{ll1('.<;I<.~d at tll(: discretion or the Owner for any pal1, regardless of the Cost
n .t I". c"", ,,' lah", alld e""'pmenl used by the CU"''',cto, 10 10.,11,11 the ob[,,,.,,..,,, of Ib,
e",,, ,"cl n... la h", a ",j e'l'''IHBent e,lS" w, II be ealcul aled "51 "1\ tire "'''' I" ...,,, ,cr
(olth 111 the ('Ol1tlaclol'S bid as f(lllows
. - - t''-' "VUl, mCChanic
$9000 per hour, mechanic plus helper
-....l:)ll[
2
"
Labor - overtime rate fOI hours olhe, than the nonnal working houlS as staled in
SECTION 2, paragraph B, including holidays
$90.00 per hour, mechanic
$135.00per hour, mechanic plus helper
'"
Sucb costs must be documented for each repair and/or maintenance job and included
with all Applications for Payment
,
"
I
C r-rcon for recharging systems:
1) R-22 $8.00 per POund
2) R-12 $40.00 per Pound
o The total conlract Sum shall not exceed $20,000.00 per yea,
3.05 CONTRACTOR'S ACCEPTANCE or CONDITIONS
A Any ambiguity 0' unCertainly in the Specifications shall be interpreted and COnstrued by the
Owner, and his decision shall be final and binding upon all parties.
8 The passing, approval, and/or acceplance of any part of the work or material by the Owner shall
nOI operale as a waiver by thc Owner of st,ict compliance with the tenns of O,is Cont,act, and
Specifica'ions covering said work; and Ihe Owner may requi,e the COntraclnr and/or his SUrely
10 repair, replace, r.eSlore, and/or make 10 COmply striclly and in all things with Ihe COntracl and
S peci r, cations a ny and a II of said work and/or mate,ials whi ch with in a period of one yea, from
and afier Ihe da'e of 'he passing, approval, and/or acceptance of any such work a' material, arc
found '0 be defective or '0 fail in any way to CQmply with this Contract Or with Ihe
Spec di ca' io n s Th is pr ov isi 0 n s ha II not appl y 10 mal eri a Is 01 equipm ent nonna II y expected 10
del eri 0 r a lc 0 r Wear Ou, and beco me su bj ect 10 norm a I repair and repl.cemen' before thei r
COndilron IS diSCovered railwe On the part of the Contractor and/or his Surety, immediately
afier l>Jo'ice to either, 10 repair or replace any such defcctive materials and workmanship shall
entille the Owner, if it sees r", to replace or repair the same and recover the reasonable COst of
such replacernen. and/or repair fiom the Conll'aclor and/or his surety, who shall in any eVenl be
jointly and sever'lIy liable 10 the Owner l'or all damage, loss, and expense caused 10 the Owner
by reason of Ihe COnt,.ctor's breach of this Conlracl and/or his failure 10 COmply striCII), and in
all Ihin~, wil[, 'hi, Conl,acl and wilh I[,e. Speciticalions
.).0(>> IAQUI[)ATEl) DAMAGES
Tin. e i, of I[.c e"cnec of 1[." Co nl "ret a nd shoo Id I h" Con' "Cln. fad 10 "" n p Iclc t hc
cn]C. genev "'I """ w"h. n 'he speedied I. mc, o. any au 1I.0. i Lcd eXlen "on Ihe. cor. II 'c,c shall be
dedocled f'o.n ,I", eompen,,,,,oo o'henvise '0 be pard 10 'he Coo"a,"o., and the Owoe. will
"" "'0 II", am"oo, 01 r; Ill' 1)011 "" Hj<LOJI) pcr calend.. day a, I'Ked, agreed, aod hqu idated
. '- ---'vlI Or any
---.. u..~.. '~l1resen( the actual damages wluch the OWner
n - . - "U"." ICO by fai lure of t he Cant ra ctor to COmplete w' '. within the sPeci fie<! time. it
being funhel agreed thal 'id Sum is nol a penalty, but is the '1ipulated amOunt of dal11a~cs
sustawc<l by the Owner III die evellt of such default by the Contractor .
3.07 r A Vl\fENTS
[n a~rdanee with the provisions fuUy set fonh in the Generaq Condilions, and subject to
addllL~ns and dc<luctions as providc<l, the Owner shaU pay lhe Coniraclor as foUows:
The COUnly shall pay 10 lhe Conlraetor for the perfonnanee of said serviee on a per monlh in
arrears basis The Contractor shall invoice the County monthly for eenlral air conditioning
mamtenanee and repair services perfonned under lhe Specifications COntained herein.
3.08
A.
c
3.09
The Owner wiU, within ten days afier receipt of each application for payment, either process
payment or return lhe application to the Contractor indicating in writiog the Owner's reasons
for refusing to reCOmmend payment In the latter case, the Contractor may make the necessary
corrections and resubmit the application 1l1iny days aller presentation of tile application for
payment with the Owners recommendation the amount recommended will become due and
,
will be paid to the Contractor
B
TERl\1 OF CONTRACTIRENE\V AL
This conlract shaU be for a period of one (I) year, commencing October 20, 2001, and
terminating on October 19,2002. This COntract is renewable in accordance with Article 3.08B.
The Owner shall have the option to renew this agreement aller the first year, and each
Succeeding Year, for two additional one year periods The contract amount agrec<l to herein
might be adjusted annually in accol.dance with the percentage change in the Consumer Plice
Index for aJI urban consum..s (CPI.U) for the most recenl 12 months available. Increases in
lhe conrract amount dUiing each Ophon yeal period shall be extendc<l into the SUCceeding years
E"her of lhe P8Jtics heleto may cancel llns agleement withoul cause by giving lhe other pany
siXly (60) days wrillen notice of ils intention to do so The COunly may tenninale [his
agreement fOI cause within seVen (7) days written nolice ofirs intent lo do so.
nOLD HARMLESS
The Contractor shall defend, i nd emn i fy and hold ha r ml ess the Monroe County Boald of Cou nl y
Commissioners as indicated on form -reS
3.10 INDEPENOENT CONTRACTOH
^I all I "lies and I<n all purposes u nde, l hIS al~l("''''ent lhe ConI I aclOJ IS an mdql<:ndenl
COul, aClol and nUl an enlploye.c of lhc !loa< d or Cou", y Conlln";,"on,,, fo. Mun.o, Counl y
No $lalelllenl Conla;n"d ;n II", agl"cnwnl shall be COnst.ued so as 10 Gnd the Contlaaor 0' any
of Ioisllle, elllploy",,,. conllaCIO". "', vanls. nl age.nls lo be elllp!"vel" of IIoc Bua'd of Counly
COn\[IlI~;siOI1c.r\ fOI Monroe COUllly .
U -.-- .....'J l'CISOn on the basis of race, creed, color
'''''', ,~x, .ge, or any other characteristic or aspecl 'hich is not job related, in it~
., recruiting, hinng, promo'. -~, tell11inating, 01 any other area ."ecting emploYlnent "nder this
agreement 01 with the pr""sion of services 01 goods under this agreement
"\
3.12 ASSIGNl\1ENT
The Contractor shaU not assign Or subcontract this agreement, e4ept in writing and with the
pllor Wlltten approval of the Board of County ComnnsSlonets for Monroe County and
Contractor, which approval shaU be subject to such conditions and provisions as the Owner and
Contractor may deem necessary. This agreement shaU be incorporated by reference into any
assignment Or subcontract and any assignee or subcontractor shaU COmply with all of the
provisions of this agreement. Unless eXpressly prOvided for therein, such approval shaU in no
manner or event be deemed to impose any obligation upon the Owner in addition to the total
agreed-upon price of the services/gOods of the contractor, nor relieve the contractor of his
obligations under this contract.
3.13 COM.PLLANCE \\IITH LA\\'
In providing all services/goods pursuant to this agreement, the CO nt racto I shall abide by all
statutes, ordinances, luIes and regulations pertaining to, or regulating the provisions of, such
services, including those now in e{fect and hereinafter adopted Any violation of said statutes,
o rd i nances, 11.J les and regu lations shaU COnst itute a material breach 0 f this agreement and shall
entitle the OWnel to telminate this contract immediately upon delivery of written notice of
temlination to the contractor.
3.14 fNSURANCE
Prior to execu[ion of this agreemen[, the Contractor shall fumish the Owner Certifica[es of
I nsu lance ind ical i ng [he minimum COverage Ii m itations as indicated by an "X" on the a1lached
forms identified", INSCKLST t-s, as fUlther detailed on forms WCt, GLI. and VLI, each
attached hel.et 0 and "'corpora' cd as Part of thi 5 COntract docu ment
3.15 FUNDING AVAILABILITY
In the eVen! thaI funds from Facili[ies Maintenance Contractual Service, ale panially reduced
or cannot he ob[a i ned 01 can not be CO nti nued a I level su mcient to allow for the purchase 0 f the
services/goods specified herein, [his agreement may then be terminated immediately a[ the
option of the Owner by written notice of lcrmination delivered in person or by mail to the
Contractor The Owner shall not be obligated to pay for any services provided by the
Contractor afiel [he Contractor has received written notice of lcrmination
3.IG PROfESSIONAL RESPONSIBILITV
The COn!, ".1 '" ""'"an,s t ha I it is au t hor",.,d h I' law to" n ga gem [he pc Itoon'n 'Cc of ,h,
ac' "," i es enco 01' P" "cd by the pro) ect he'ei n dC$ cob cd. sn b j eel to I he [enn s and UlOId It Ions sel
f<n[ h ; n tl", 1'" hi" W od" Speeitica[ion M annal ent It kd "Cent ,al A il Condit iOlll ng Repan fo,
Upp,,, I< e y" [''',d" ><,.J'" <Hn Conch Key up [0 and I ndudi nJ' Key Lao go", which is a[ [aclted
he'''lo and ""01, p,,, "'cd herem", a pa.t or thi,; u,n"act/ag,eemenl The prOVide< shall at all
I'm "s ex "" I'" n ><k"c nd c nt. p. 0 fCSSlO 01 a I j "d" on cnl and $ha II a ssu me ,,>oksSlO na I respon" I" h, Y
'3.17' NOTICE REQUIREMF~T
Any not i ce r cqu irC<! or pc. . .lilted u ndcl I his ag reeIllent shall be in wrili ng and hand delivCfC<! Or
mailed, postage prepaid, 10 Ihe other p..1y be certified mail, relumC<! receipt requcslC<!, 10 Ihe
following:
.. '''''''''.'
. - '''-I..Clltlon
- -- -....... '-'1 ucensure of contractor.
FOR COUNTy
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Blvd.
Key \Vest, FL 33040
I
FOR CO NTIU\CTO R
Houston Air, Inc
P.O. Box 1321
171 Hood Avenue
Tavernier, FL 33070
3.18 GOVERNING LA. WS
This Agreement is govcmC<! by Ihe laws of Ihe Stale of Florida Venue for any litigation
arising under this Agreement musl be in Monroe County, Florida
3.19 CONTINGENCY STATEMENT
Monroe County'S performance and obligation 10 pay undel Ihis contract is COntingent upon an
annual approprialion by the Monroe County Board of County Commissioners
--~ HUH.. ....MA..Ul(.:UUHS Agreement on the day and date first
."" V.C .Wllllffi In lOur (4) COunterparts, each of wh ich s h a 1\. wil haUl pr r or a CCOu n ling for lhe ollte
be deemed an origin -::ontract r
v~
.;>;
/..
Ire L. () (
(SEAL)
Attest.
By dbJ !/l::fJ
W111qESS
Tille ~r <) t ~ T~J.{.t[.1L
-.---.-. -
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By \",~L.t{",---.27+ (/'r+
T,tle ~'C/, I",,,}
<, 10 rou,'/,
AJ'PROVLO '.'. . . ~. "::I' 't. .
"''-10 1Jt<'/~l Sl~l\'\ .> '.
r"' , '1-' .-
\I Y ''>t(f . "'1 I . { ,,\o\-J
.~If>; {,HI". ,
(" ,<,,-~ .___'l/tY/[I.J. - .'
,
BOARD Of COUNTY corvU\l1SS10NER
or ONROE COUNTY, FLORIDA
~,e ~~
Ma yor/Chairman
CONTRACTOR
HOUSTON AIR, [Ne
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Tille -f>..ce.~i...d~L_______..._._