Item C07
BOARD OF COUNTY-COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15.2004
Division:
Public Works
Bulk Item: Yes -X- No
Department: Facilities Maintenance ~t--.
AGENDA ITEM WORDING: Approval to renew contract with Miller Mechanical, Inc. for the
central air conditioning maintenance and repair for the Middle Keys facilities.
ITEM BACKGROUND: On January 18, 2005, the current contract with Miller Mechanical, Inc. will
expire. In accordance to the original contract dated November 19,2003, article 3.05 (B), the owner has
the option to renew the contract for two additional one-year periods.
PREVIOUS RELEVANT DOCC ACTION: On November 19, 2003, the BOCC awarded bid and
entered into a contract with Miller Mechanical, Inc. for the Central Air Conditioning Maintenance and
Repair for the Middle Keys Facilities. On February 18, 2004, the BOCC approved a Contract
Amendment with Miller Mechanical, Inc. to include an additional six locations to the specifications.
CONTRACT/AGREEMENT CHANGES: Renewal period to commence January 19, 2005, and
terminate January 18, 2006. Contract price remains unchanged.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $25.000 not to exceed
BUDGETED: Yes -X- No _
COST TO COUNTY: Same
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY:
County Atty -K.. OMBlPurchasing-X-
Risk Management _X_
///PplOcr
{~~
Dent Pierce, Director Public Works
DMSION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # C'1
Revised 1/03
, ,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Miller Meohanical, Inc Contract # -
Effective Date: 01/19/05
Expiration Date: 01/18/06
Contract Purpose/Description:
To renew the contract for the Middle Keys central air conditioning maintenance and
renair.
Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 12/15/04 Agenda Deadline: 11/30/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 25000 Not Current Year Portion: $
to exceed
Account Codes: 001-20501-530-340-_
101-20505-530-340-_
17,000 app
Budgeted? Y es~ No 0
Grant: $ N/ A
County Match: $ N/ A
- - - -
-----
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO NoD
Risk Management ,~ YesO No0'
O.M.B./Purchasing l~ YesO NO~
County Attorney ',/U/t1I YesO No~
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
. .
CONTRACT ~~WAL
(Air Conditioning Maintenance and Repair for the Middle Keys Facilities)
THIS CONTRACT RENEWAL is made and entered into this 15th day of
December, 2004, between the COUNTY OF MONROE and MILLER MECHANICAL,
INC., in order to renew the agreement between the parties dated November 19, 2003 and
a amended on February 18,2004, (copies of which are incorporated hereto by reference);
as follows:
1. In accordance to the original contract dated November 19, 2003 Article 3.05
(B), the Owner shall exercise the first of two one-year options to renew the
contract commencing on January 19,2005, and terminating January 18, 2006.
2. In all other respects, the original agreement dated November 19,2003, and as
amended on February 18, 2004, shall remain 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:
Witness:
MILLER MECHANICAL, INC.
Witness:
By:
ANNE A. HUTTON
TANT~~~~ORNEY
CONTRACf AMENDMENT
(Air Conditioning Maintenance 8nd Repair for the Middle Keys Facilities)
THIS CONTRACT AMENDMENT is made and entered into this lSth day of February,
2004, between the COUNTY OF MONROE and MlLLER MECHANICAL, INC., in order to
amend the agreement between the parties dated November 19th 2003, (a copy of which is
incorporated hereto by reference); as follows:
1. Revise Section Two - CONTRACT SPECIFICATIONS Paragraph E to include in
buildings to be serviced, the following:
a)
b)
c)
d)
Marathon Tax Collector and Department of Motor Vehicles
3193 Overseas Highway
Marathon
Marathon Senior Citizen Center
US 1 and 33M Street Gulf
Marathon
Grassy Key Translator
100 Crain Road
Grassy Key
e)
Monroe County Fire Training Facility
MM S6 Crawl Key
Sheriffs Aviation Hangar
10100 Overseas Highway
West SUJiUIlerland Translator Site
34200 Overseas Highway
W. Summerland.Key
t)
':1"'* A11'ORttE'(
"ON.RO~ CO~N. . f\tA:
WI \I' .
P
. '~IOLfE
ROB, .' ~~~ ..~11ORNEY
C"'..\E~~~
o.\.~
2. All contract obligations pertaining to the Middle Keys Central Air Conditioning
Maintenance and Repair contract pertain to the six sites listed above.
3. In all other respects, the original agreement dated November 19, 2003 remains in full
force and effect.
.... ..;, ~:~;';Ti\i~;~,,-'<. . .
'IN.......:..:~... ," .~r.:-.'...::.WHERE, OF, the parties have hereunto set their hands and seal, the day and year
'fit .,~~ . ~\\
., , ..;;~~~., h~i=~4Vt,S:Je.
~;:tl~}f E. olbage, Clerk BOARD OF COUNTY COMMISSIONERS
...".",. ~'iff'/.< By: ~ (~
w-1J f1D1J Q ~ MIlURMECHANICAl, oc,
w_1Jd-r-, ~~~L B?&t? ~~
"
CONTRACT
THIS AGREEMENT, made and entered into this 191fa day of November, 2003, AD., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "ownet"i and
Miller Mechanical. Inc. , (hereinafter ~Ied the "Contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, lJILItlIaDy
agree as follow:
3.01 1HE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part,
consists of the con1Iact docmne'1fs.
3.01 1HECONTRACTOOCUMENTS
The contract documents consist of this agreeme~ the specificatious, aU change orders,
and any addenda issued. heceaftec, any other amendments hereto ex:eaJted by the parties
hereafter, together with the bid propOsaI.m all required instnnce dooni1entatiOn.
3.02 SCOPE OF THE WORK
The Contractor sballfumishalllahor, m8teria1s,. equipment,1P8ehinay, tools, apparatus,
and tnmsportation. and perform all of the wad: fl~ in the Specifications emitIed:
ceattaJ Air.Con~
)4.....~,..d ....
MiddleKeysFadliijes
MODi'Oe Ceuiatj,'FIori<la
ADd' his bid dated October IS, 200~, each attached Iaereto and. iaco~ as part
of this CORtract dOCUDleat. The spedfica~DS shaD serve.. __.~u... conO'act
staaclards, and shaD be the basis of iDspectionaildaccepcaace of aDdle work
3.03 nmCONTRACTSUM
The OwnersbaII pay to the Contractor for the fuithfuI pedOrmanOe of the Contract, in
lawful money of the United States. as follows:
A. The actual cost of parts and materials ,purchased fiom the manufilcturer plus
25% 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 disa'etion 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 c:alaJlated using the unit
prices set forth in the Contractor's bid as foUows:
I. Labor - nonnaJ wolting hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays.
$55.00 per hour, mechanic
$80.00 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the nonnaI worlcing InJrs as
stated above, including holidays
$75.00 per hour, mechanic
$lOO.OOper hour, mechanic plus helper
Such costs must be documented for each repair and/or maintenance jrb and
included with all Applications for Payment
C. Freon for recbaIging systems:
1) R-22 $6.00 pel" pound
2) R-12 $NI A per pound
D. The total contract sum shall not exceed $25,000.00 per year.
The ContrlIdor sluJ11 submit with Itis invoke the AppIklltionfor PqmDd lJeI8iIs lIS slllMtt in
Sedion Two - Contmct SpeciJU:otions.
3.04CONTRACfOR'S ACCEPTANCE OF CONDmONS
A The Contractor hereby agrees. that he bascarefidly ~minP.d the site and haslD8de
investigations to tiJ1ly satisfy himselfdlat such site is .Q)ReCt.and a suitable one for this
woik and he assumes full responsibiJitytherefore. Tb.e ~.. ()ftheCooir.idshaD
control any incoosistent proviSioilS Cont8,~iIi the.,.mcatioDs~ . All ~s
have been read and carefiJlIyconSidered by the ~, who.~ tbe....
and -.grees to .their . sutlicieo,cy for the wodc: ~ be. done. ~ao ciIr.l1mqaooes.
conditions, or situations shall this Contrad be morestloll$1y conSlnJed '!Pm. the Owner
than 88"md the Contnctor. .
B. Any ambiguity or uncertainty in the specifications sbaI1be interprd"ed aDdconstmed by
the Owner, and his decisionsball be final and binding upon aU parties.
C. The passing. mnwaJ, and/or acceptan~ by theOwDer ofanyoftbe servicesfumished
by the Contractor shall notopecate as at waiver by ~Owner of strict compliance With the
terms of this Contract, and specifications covering the seivices. Failure on the part of the
Contractor, immediately after Notice to Correct sba11eDtitle the Owner, if it sees fit, to
correct the same and recover the reasonable ~ of such ~lacemeot and/or repair from
the Contractor, who shall in any event be jointly and severally liable to the Owner for all
damage, loss, and expense caused to.the Owner by reason of tile Conbactor's brach of
this Contract and/or his failure to comply strictly and in all thiDgs 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 January 19,2004, and
tenninating January 18. 2005.
B. The Owner shall have the option to renew this agreement after the first year, alii each
succeeding year, for two additional one year periods.
3.06 HOW HARMlESS
The Contractor covenants and agrees to indemnifY and bold harmless Momoe County
Board of County Commissioners from any and all ("himli: for bodily injury (iJdOOing
death), personal injmy, and property damage (including property owned by Monroe
County) and any othec losses, da~~ and expenses (mdudiDg attorney's fees) which
arise out of: in connection with, or by reason of services provided by the Contncmr or
any of its Subcontractor(s) in any tier, occasioned by the negligence, arors, or other'
wrongful act of omission of the Contractor or its Subcontmctors in any ti<<, their
employees" or agents.
In the event the completion of the project (to include the wade of others) is deJayed or
. suspended as a result of the Contractor's &ilure to ~ or maint9ilJ the n:quired
insurance, the Contmdor sbaIl indemnify the County from any and all increased expenses
resulting ftomsuch delay.
The first ten dollars ($10.00) ofremuna-ation paid to the CoDtractor is fur the
indP.Mnification provided fur above.
The extent of liability is in no way limited to,. ~ or lessened by the iasuIance
requirementS contained eIsewhae within this agreement.
3.07 INDEPENDENT CON'l"RACTOR
At all times and for all purposes under tbls agreement the .Contracmris anindq)endent
contractor and not an employee of the Board ofCouDty CoJDmissionas for Monroe
County. No statement contained in thisagrec;mettt shall be const1Ued so as to find the
contractor or any ofhis/her employees, contrado~ semmts., or agentS to be employees of
the Board of County CommissionerS for Monroe CouDty.
3.08 ASSURANCE AGAINST DISCRIMINATION
The Contmctor shall not discriminate against any person on the basis of race, aeed, rolor,
oationaI origin, sex, age, or any other dtaracteristic or aspect Which is not job related, in
its recruiting. hiring, promoting, terminating, or any otht2" area affecting employment
under this agreement or with the provision of services or goods under this agreement.
3.09 ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontnlct its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissiooers for
Monroe County and ContnlctOr, which approval sball be subject to such conditions and
provisions as the Board may deem necessary. This pngraph sbaD be incorporated by
reference into any assignment or subcontnld and any assignee or subcontractor shalt
comply with all of the provisions of this agreement Unless expressly provided for
therein, such approval shall in DO manner or event be deemed to impose any oIiigation
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 stat:ntes~ ordinances, rules and regulation pat~ining to, or ~]Iaf1ng die provisions ot:
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall comtit.Jte a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon delivery
of written notice of temJination to the coDtractor. The coutractor sbaIl possess proper
licenses to perfonn work in accordance with these specifications throughout the tam of
this contract.
3.11 INSURANCE
Prior to eocecution oftbis agreement, the contractor shaD furnish theOwueree.(i~ of
Insurance indicating the minimum coVerage limitations as indi~by an "X' on the
attar.hed forms identified as INSCKLST 1-5, as fiuther dtQiIed onfonQS Wet, GLl, and
VLl, each attached hereto and incOrporated as part of this contract document. and aU
other .TeQUirem.eDtsfound to be in the best intaest of Monroe Couoty as JD.ay be imposed
by the Monroe County Risk Management Department.
3.12 FUNDING AV AllABILITY
In the event that funds from Facilities MJl1nteilance CoptractualServiQeS are par1ially
reduced or cani10t be obtained or cannot beconUnued at 1eve1~eDt maJ10w for the
purchase of the servioeslgoods specified h~this agreemeDt ..ytlJenbe ~ed
immediately at the option of the Board of Cqunty CoJnmissiooers by. .\fli1b ioOOe of
termination delivered in person or be mail to the contractOr. TheBoardsbaD not be
obl~ted to pay for any services provided by the. CODtrador after the tontradDr bas
received written notice oftennination.
3.13 PROFBSSIONALRESPONSmll.JTY
The ContIactor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein desaibed, subject to the tenDs and
conditions set: forth in these contract doaunents The provider sball at aU times exercise
independent, professional judgment and sball assume professional responsibility for the
services 10 be provided. Continued funding by the Owner is contingent upon retention of
appropriate local. state, and/or federal certification and/or liceosure ofoontractor.
3.14 NOTICE REQUIREMENT
Any notice required or permitted under this agreemem. sball be in writing and band
delivered or mailed, postage prepaid, to the other party by certified maiL returned receipt
requested, to the following:
FOR COUNTY FOR CONTRACTOR
Monroe County Facilities Maintenance Miller Mechanical, loe,
3S83 S. Roosevelt Blvd. P.O. Box 1243
Key West, FL 33040
Key Largo~ FL 33037
3.15 CANCELLATION
A) The County may cancel this contract for cause with seven (7) days notice to the
contnlctor. Cause shall constitute a breach of the obligations of the ContrliOr to
perform the services enumerated as the Contnctor~ s obligations under this
contract.
B) Either of the parties heceto may cancel this agreement without cause by giving the
other party sixty (60) days written notice ofits interJtion 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 Colmty, Florida. In the event of any
litigation, the prevailing party is entitled to reasonable market value attomey's fees and
costs.
3.17 OONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under dJis ~ is c:wdingeut
upon an anmaI appropriation by the Monroe County Board ofColmty Commi~oBets.
IN WITNESS WHEREOF the parties heceto have executed this Agreement on the day 8Pd date
~ ~"ve in four (4) counterparts, eaCh of which shall, without ptoofoi Mr.n.mm.g ,for
~'~,~I'I~ be cletmecIan originaIcoutract~ '
BOARD OF,COtJ}ffYCOMMISSIONFBS
OF ,MONROE COUNTY, fLOJDA
By.)$.7 ~
~ ' '
By:
Tttle:
By:(ltdL ~ 1f)4L/~
. WITNESS
Title:
I~
CONnACTOR
MIJ J F:It MECHANICAL, INC.
BY:ULpL..~
Title: PtfJ{J::r
ROB N. WOLFf: -
CHJE~J~~ -~.
Date / - '-;:,j .
SECTION TWO
CONTRAcr SPEClFICATlONS
CENTRAL AIR.CONDITIO~~ ~AIR
MIDDLE KEYS OPERATIONS
A.
Routine ~ and maintenance of all coun:ty mai'nmil1ed Centra1'air conditioning units in
the Middle Keys area. .
Emergency repairs of all county Jtl"imained central ~ Conditionlng..unitsin the:Middle
Keys ~ The ~O~CTOR ~ be. a~le~ho~ Per day,3~S da~ per year.
The CONlRACTORShall be at the ~ afan aircx:m4iti0nbi8 tJUlJil1taQian within three
(3)bOUrs~Verb81il9tificaOOn"'Y'.d.K'OWNBR' . . . . '.'
B.
C.
. .
The CONl'RACTQR'shaD have ~. tq. a supply Of aU:puts ~ cOUb'oJ,sDor.ny .
. ~for the, . . ~iri Of 8llCOUIity ~mtaitied ~.8ir ..-..a:.:":"';ft~
.ry , . ~"',.".-..v... '., ,... . '.' ~
uilits . that such etDAroP.n,' . . . . .. .lViU'. be co ". Id:ed WithiD48 ..-- or -~~.': 0 'b'
. . so . . . ..-..w:o-cy ~ . . mp . ." . . IIVUl~ IlUW.'-UMIUU- 'Y
.Q~ '.' . . :'. ....: .-.
. .
..' . . . . ..' ~ ~ . .' -
The OwNERSbaU reimbursetbe CONTRAcToR fortbe M~~s invOice~cOst of
. a1i~~ and' material mS'~aP."indicated 2D:'sec.~ 4. ot~bi4.~ :th8t m
. t-"'~ .... s, P .t'-~......-z:a:-...- .... ..... ':~~., .
Usedm the. .'. . 'ofalllolUftltu ma~ed' ceDit81 air CoQcJiU" . . .unDs~' ~~~s .
~. . -..7 . ...... '. . ...0ID08. .' .
invQ~~.,~ ~..an' ~"~' pijDi.'tht aiiy.lMu;i.~..~~$i.OOJ)O,
aIi.dma:' ~ reijue.Sted at.the discretionofth.'.Ownertor.ahY':~,~.:'Of1be:OOSl
..Y.. '. . .., .' . .' .. ..... . " .
All Parts .a.n4 iDateria1s ~b81l be'6feqUal.or ~:~'is ~.~ ~ partS
aad.JriateEWsiri~. . .... ."
D.
E.
. .
The ~es are located tbrough9\l1 ~e. Middie' Keys area. Buildings to be serViced shall
include, bUt sbal1 nOt be .liinitecl to, ~ folloWing:
SHERIFF sua-.STATIO~OFFItEs
3103 ovERSEAS mGHWAY, MARAmON
SHERIFF SUB-STATION COURWOUS~
3117 ovSSEAsmGHWAY, MAilAmON
CLERK OF COURT
3117 oVERSEAS mGHW AY, MARAmON
PUBliC WORKS/COUNTY OFFIcES
10600 AVIATION BLVD., MAkATHON
GARAGE FACILITIY AND ENGINEBRING DEPT.
10600 AVIATION BLVD., MARAffiON
COMMUNICATONS TRAILER
10600 AVIATION BLVD., MARAffiON
ANIMAL SHELTER.
10550 AVIATION BLVD., MARATHON
CONCHKEY~SrATION ,
OVERSEASIDGHWAY, CONCH KEY
FIRE STATION #2
MM 51.5 OVERSEASmGHWAY, MARAmON
TEMPQRARYCOURTROOM .
MM 48.5 OVER$EASHIGB.WAY, MARATHON
MAR;ATHO~ JAIJ., ,
39S1'~'IElUlACB,'MARA1HON
GEOREOOLEZAL~1lARY ,
325.1 O~~GS;WAY~ MARATHON
, '
, '
MARATHON oovBRmmNT~ANNBX
490 63~ sTREB'r:OCBAN MA1lA.THON '
, , , .'
M;ONl:lOEJmGlO~AL ~VI~ ~ '
2798 OVERSEAS mGHW AY, MAJiA,THON
Rum~S~
3333 OVERSEAS mGHWAY, MARATHON