Item C15
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 1/19/04
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of contract with Comfort Tech Air Conditioning, Inc., for the Customs Building
rehabilitation project at the Key West International Airport
ITEM BACKGROUND: The Federal Aviation Administration will fund 95% of the project, with PFC Revenue funding 5%.
PREVIOUS RELEVANT SOCC ACTION: Approval of award of bid to Comfort Tech, 10/20/04.
CONTRACT/AGREEMENT CHANGES: New contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $47,990.00
BUDGETED: Yes
COST TO AIRPORT: None
COST TO PFC: $2,399.50
COST TO COUNTY: None
SOURCE OF FUNDS: FAA, PFC Revenue
REVENUE PRODUCING: No
AMOUNT PER MONTH !YEAR:
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
DIRECTOR OF AIRPORTS APPROVAL
~~:t1
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
(1 /5
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Comfort Tech
CONTRACT SUMMARY
Contract #
Effective Date: Execution
Expiration Date: 60 days from NTP
Contract Purpose/Description: Customs Building Rehab.
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 1/19/05
# 5195
(Ext. )
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 1/4/05
Total Dollar Value of Contract: 47,990.00
Budgeted? Yes
Grant: Yes, FAA
County Match: PFC Revenue
Estimated Ongoing Costs: N/A
(not included in dollar value above)
CONTRACT COSTS
Current Year Portion: 47,990.00
Account Codes: 404-63090-560620-GAKA87
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Airports Director 1'2..(2.1; of-
Risk Management l~ Di t::fJ....
O.M.B.lPurchasing ~~_
County Attorney ~_/_
Comments:
CONTRACT REVIEW
Changes
Needed
Yes No
Reviewer
Date Out
~
-~ ~:;::J)o:
. for;k Ma~a;;~
~;or~~Jo
County Attorney
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SECTION D
CONTRACT TO
Terminal Rehabilitation
lCustom Building - Replace AlC and Handrails}
Kev West International Airport
THIS AGREEMENT made and entered into the day of
by and between CC/"HTD,.tlc.cJ1 A'Y'C.DndiTtD'~"jt~, Inc... Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with
the Owner as follows:
1. That the Contractor, shall furnish all the materials, and perform all of the work in
the manner and form as provided by the following enumerated Instruction to
Bidders, Form of Proposal, General Provisions, Special Provisions, Technical
Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which
are attached hereto and made a part hereof, as if fully contained herein, for the
construction of:
Terminal Rehabilitation
(Custom Buildina - Replace A1C and Handrails)
Kev West International Airport
Monroe County, Florida
2. That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and s~all
fully complete all work hereunder within sixty (60) calendar days from the Notlce-
to-Proceed (Construction) as per Special Provision No.2.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of
the agreement, subject to additions and deductions as provided in the
specifications or proposal in lawful money of the United States as follows:
Approximately F;r 7"'O.eveJ1 JA J)tl ~a It d..t1A e.,H IAn druJ VI' Itd'(Dollars
($ -q7.) qq(). DD ) in accordance with lump sum and unit prices set forth in the
proposal.
4. On or before the 15th day of each calendar month, the second party shall make
partial payment to the on the Contractor basis of a duly certified and approved
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estimate of work performed during the preceding calendar month by the
Contractor, less ten percent (10%) of the amount of such estimate which is to be
retained by the Owner until all work has been performed strictly in accordance
with this agreement.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account
of this agreement shall be made within twenty (20) days after the completion by
the Contractor of all work covered by this agreement and the acceptance of such
work by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the constructicm of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages Section per day for each day thereafter, Sundays and
holidays included, that the work remains uncompleted, which sum shall represent
the actual damages which the OWner will have sustained per day by failure of the
. Contractor to complete the work within the time stipulated and this sum ;s not a
penalty being the stfpulated damages the Owner will have sustained in the event
of such default by the Contractor.
1. It is further mutually agreed between the parties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shall deem the surety or sureties upon such
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate
to cover the performance of the work, the Contractor shall, at its expense within
five (5) days after the receipt of notice from the OWner so to do, fumfsh an
additional bond or bonds in such form and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment
to the ContractOr shall be deemed to be due under this agreement untl such new
or additional security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day
and date first above written in two (2) counterparts, each of which shall, without proof or
accounting for the other counterpart. be deemed an original contract.
C I),",'"'' leek 'JI~ {'"nOli, PH '( "'"' , P& '
(Contractor) (Monroe County Board of Commissioners)
By: ~~. By:
r-
Tolle: re ~i J , .,i Tolle:
AAP 0 FORM
A l (HCY
BY
ClATE
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WITNESS:
WITNESS:
STATE OF FLORIDA
COUNTY OF )\1 iA VIi i ' Dt.tck..
I, the undersigned authority, a Notary Public in and for said County and State hereby _
certify that J\1~" Ji..el }/ ev".,:V(. J -e.l-- whose name as II~ ey/'c:JerlT of {."cfSlfpr-lle.e:
signed to the foregoing instrument and who is known to me, acknowledged before me lilt!-
on this day that being informed of the contents of the within instrument, he, in his
capacity as such, executed the same voluntarily on the date the same bears date.
Given under my hand and seal this ~~d. day of becerJ( bc:v ,200,,"
Q?f~~~
."..... Ulia unesaa, Notary Public
CJoImYftll&'iotl # CC !t9372,
.-....- 'ab. 11,2005
, -'-iim:p DIm
* W .' . h~an~ffu ~orporation to execute this contract.
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SECTION E
DRUG-FREE WORKPLACE FORM
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The undersigned Contractor, in accordance with Florida Statute 287..087, hereby
certifies that:
Comfort Tech Air Conditioning, Inc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited
in the workplace and specifying the actions that will be taken against employees
for violations of such prohibition.
2. Inform such employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation and employee assistance programs and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in Sub-section (1).
4. In the statement specified in Sub-Section (1), notify the employees that as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of or plea of guilty or nolo contendere to any violation
of Chapter 893 (Florida Statutes) or of any controlled substance law of ' the United
States or any state for a violation occurring in the workplace no later than five (5)
days after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abUse
assistance or rehabilitation program if such is available in the employee's
community or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As a person authorized to.sign the statement, I certify that this firm complies fully with
the above requirements. .
I?"?~-: _.
Bidder's Signature
Date: September 20, 2004
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SECTION G
DISCLOSURE OF LOBBY ACTIVITIES
Certification of Contracts. Grants. Loans and Cooperative Aareements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of
the undersigned to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal Grant, the making
of any Federal loan, the entering into of any cooperative agreements and the
extension, continuation, renewal, amendment or modification of any Federal
contract, Grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriate funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with this Federal contract,
Grant, loan, or cooperative agreement, the undersigned snail complete and
submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with
its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants and contracts under Grants, loans and cooperative agreements) and that
all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was plaqed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less'than $10,000 and not more than $100,000 for each such
failure.
Signed:
~~----- , .
.:' Contractor's Authorized Representative
Dated: September 20, 2004
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SECTION K
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES
.
This form must be signed and sworn to in the presence of a Notary PUbiic or other
official authorized to administer oaths.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
0003231
rorTerminal Rehabilitation (Custom Building- Replace ~/c &
Key West International Airport, Monroe County, Florida
2. This sworn statement is submitted by Comfort Tech Air Condi tioning,
(name of entity submitting sworn statement)
Handrai:
Incl.
whose business address is 1215 West 76th street
Hialeah, FL 33014
and (if applicable) its Federal Employer Identification Number (FEIN) is:
65-0674054 .
(If the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement N/A .) -
3.
My name is Maykel Hernandez
my (please print name of individual signing)
and
relationship to the entity named above is
President
4. I understand that a "public entity crime", as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person w~h
respect to and directly related to the transaction of business with any public entity
or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to
be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving anti-trust, fraud, theft, bribery,
collusion, racketeering, conspiracy or material mis-representation.
5. I understand that' "convicted" or "convi~on", ~s defmed in Paragraph
287 .133( 1 )(6), Florida Statutes, means a finding of guilt or a conviction of a
public entity crime with or without an adjudication of guilt in any federal or state
trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty
or nolo contendere.
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6.
I understand that an "affiliate", as defined in Paragraph 287 .133( 1 )( a), Florida
Statutes, means:
a. A predecessor or successor of a person convicted of a public entity
crime; or .
b.' An entity under the control of any natural person who ,is active in
the management of the entity and who has been convicted of a public
entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders. employees, members and agents who
are active in the management of an affiliate. The ownership by one
person of shares constituting a controlling interest in another person or a
pooling of equipment or income among persons when not for fair market
value under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters into
a joint venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an
affiliate.
7.
I understand that a "person", as defined in Paragraph 287 .133( 1 )( e), Florida
Statutes, means any natural person or entity organized under the laws of any
state or of the United States with the legal power to enter into a binding contract
and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members and agents
who are active in management of an entity.
8.
Based on information and belief, the statement which I have marked below is
true in ,relation to the entity submitting this sworn statement. (Indicate which
statement applies.) ,
X
Neither the entity submitting this sworn statement nor any of its officers,
directors, executives, partners, shareholders, employees, members / or
agents who are active in the management of the entity, nor any affiliate of
the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement or one or more of its officers,
directors, executives, partners, shareholders, employees, members' or
agents who are active in the management of the entitY or an affiliate of the
entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (please indicate which additional
statement applies)
There has been a proceeding concerning the conviction before a Hearing
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Officer of the State of Florida, Division of Administrative Hearings. The
Final Order entered by the Hearing Officer did not place the person or
affiliate on the convicted vendor list. (Please attach a copy of the Final
Order.)
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of .tl)e State of
Florida, Division of Administrative Hearings. The Final Order entered by
the hearing officer determined that it was in the public interest to remove
the person or affiliate from the convicted vendor list. (Please attach a
copy of the Final Order.)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of
General Services.)
Signature of Authorized Representative:
P' C--~' ~ ~
President
September 20, 2004
Date
Title
STATE OF FLORIDA
COUNTY OF: MIAMI-DADE
The foregoing instrument was acknowledged before me this 20 th day of Septemb:er
20~ by Maykel Hernandez __
(SoiL Corpora~ or Partnership)
CWno is oersonallv known to' mtt:s:>r who has produced N / A
as identification and who did/did not take an oath.
W' ~av
(Signature of Notary Public, State of Florida at Large)
Ana Julia Quesada
(Print name of Notary Public) .
February 17, 2005
My Commission Expires
m~Lv.:..QD.d
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O....lIll.An ICCW372B
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SECTION L
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Comfort Tech Air Condi tioning, Inc. warrants that helit has not
employed, ~etained or otherwise had act on hislits behalf any former County officer or
employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of
this provision the County may, in its discretion, terminate this Contract without liability
and may also, in its discretion, deduct from the Contract or purchase price or otherwise
recover the full amount of any fee, commission, percentage, gift or consideration paid to
the former County officer or employee.
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· (Signature)
Dare: September 20, -2004
STATE OF: FLORIDA
COUNTY OF:MIAMI-DADE
PERSONALLY APPEARED BEFORE ME the undersigned authority:
Maykel Hernandez
who, after first being sworn by me, aff!rsg his/her signatHre ~a~e of individual aiining)
i"Uace provid~d abo.e: on this h day of ep em er , 20_,
(Signature of tary Public, tate of Florida at Large)
Ana Julia Quesada
(Print name of Notary Public)
My Commission Expires February 1 7, 2005
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