09/17/2003 AgreementClerkoflhe
CircuitCoult
Danny L. Kolhage
Office (305) 292-3550 Fax (305) 295-3663
To:
Attn:
From:
Date:
Dent Pierce, Director
Public Works Department
Beth Leto
Isabel C. DeSantis, Deputy Clerk
Monday, October 06, 2003
At the meeting of September 17, 2003, the Board approved the following:
Contract Amendment between Monroe County and L & N Dependable Janitorial,
Inc. to increase services due to the expansion of the Big Pine Key Library.
Per County Attorney opinion, to award bid and waive bid technicality of a missing
bid security from Sub Zero, Inc.; and authorized execution of Contract for the Air
Conditioning Maintenance and Repair for the Lower Keys Facilities.
Enclosed are fully executed duplicate originals of the subject documents for your
handling. Should you have any questions concerning this matter, please do not hesitate
to contact this office.
Copies: Finance
County Attorney
File
SECTION THREE
CONTRACT
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 amendments 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:
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And his bid dated July 30, 2003 each attached hereto and incorporat~' atpaif ofg
this contract document. The specifications shaD serve as minimitn fcontbct:g
standards, and shall be the basis of inspection and acceptance of all the work.
Central Air Conditioning
Maintenance and Repair
Lower Keys Facilities
Up to and Including Big Pine Key
Monroe County, Florida
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 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.
3.05 TERM OF CONTRACT/RENEW 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.
3.09 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 manner 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 regulations 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 WC1, GLl, 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 or 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 RESPONSffiILITY
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 of its 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
By: ~~ C .1S2v~~
/
Deputy Clerk
Date: 0'1 - / 7- 03
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
BYt)r >n ~
r Mayor/Chairman
Tir:-
'-...
CONTRACTOR
SUBf4f. C.'.
By . ~~~
Title: ?~~
(SEAL)
:~emg~ ~
WITNE
By:
Title:
CERTIFICATf',OF LIABILITY INSURAN" CSR CH I DATE (MMIOOIYYYY)
ACORD. '. 02/19/03
., SUBZE-1
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Atlantic Pacific-Key West HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5548 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Key West PL 33045-5548 '<C'
Phone: 305-294-7696 Fax:305-294-7383 INSURERS AFFORDING COVERAGE NAIC #
IINSURED INSURER "'- North Poi~te Insurance Co. 27740
INSURER B: Allstate /JDsurance Co. 19232
Sub Zero Inc. INSURER C:
6003 Peninsula Ave INSURER D:
Key West FL 33040 INSURER E:
I
COVERAGES
THE POlICIES OF INSURANCE LISTED BB.OW HAVE BEEN ISSUED TO THE INSURED NAMED A&NE FOR THE POlICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF NN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXClUSIONS AND CONDlTlONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
L TR tNSRt TYPE OF INSURANCE
GENERAL UABIUTY
-
A X X COMMERCIAl GENERAl LIABILITY
I ClAIMS MADE [!] OCCUR
POlICY NUMBER
DATE
DATE
209408664503
12/31/02
12/31/03
EACH OCCURRENCE
PREMiSEs (Ea occurence)
MED EXP (Anyone person)
PERSONAl & ArnIINJURY
GENERAl AGGREGATE
PRODUCTS. COMPIOP AGG
GEN'l AGGREGATE UNIT APPlIES PER:
IPOlICYn~ nlOC
AUTOMOBILE UABlUTY
f---
X NNAUTO
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050"5'l~1 ,..' ~ t 11/14/02
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BODll Y INJURY
(Per acddenl)
COUBINED SINGLE UMIT
(Ea accident)
AU. OWNED AUTOS
BODll Y INJURY
11/14/03 (Per person)
-
B X SCHEDUlED AUTOS
-
-
HIRED AUTOS
NON-OWNED AUTOS
-
-
r'\A 0 B<<'~ MAl ~f3EMENl
U .... ,)1.J.ilu..l ~_
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OTHER THAN
AUTO ONt Y:
PROPERTY DAMAGE
(Per accident)
GARAGE lIABILITY
==l NN AUTO
EXCESSlUMBRELlA lIABILITY
o OCCUR 0 ClAIMS MADE
RDEDUCTlBlE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYl:RS' 1..!AIllI"I'IT. . __.~ ___
ANY PROPRIETORIPARTNERlEXECUTIVE
OFFICERlMEMBER EXClUDED?
~~~beIow
OTHER
AUTO ONLY. EA ACCIDENT S
S
S
$
$
$
BY
DATE
WAIVER
"ItA .-==_.YES~.---.
. (5)6. '. ~J)J--
(( , · (.9- J J -(h
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EACH OCCURRENCE
AGGREGATE
lMTS
$ 1000000
$ 100000
$ 5000
$ 1000000
$ 2000000
$ 2000000
$ 1000000
$
S
$
EAACC
AGG
$
$
ITORY lIMITS I I U J::.'
E.t., EACH ACCIDENT _.- -&-.---.-
E.L DISEASE - EA EMPlOYEE $
E.L DISEASE - POLICY UMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAl PROVISIONS
Air Conditioning Systems
CERTIFICATE HOLDER
Monroe County Board of
County Commissioners
fax# 305-292-4564
1100 S~nton St
Key West FL 33040
CANCELLATION
MCBCCOM SHOUlD NN OF THE ABOVE DESCRIBED POlICIES BE CANCellED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSlRNG INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 l2001/08)
ACORD",
CERTIFICAT,,~ OF LIABILITY INSU
FAX oL... 822-4722
Inc.
DA TE (MM/DDIYY)
12/31/2002
THIS CERTIFICATE IS I ",,,ED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
NCE
PRODUCER (305) 558-1101
KBM.Construction Insurance
7850 Northwest 146 Street
Miami Lakes, FL 33016
Diane Gidus
INSURED Sub Zero, Inc.
6003 Peninsula Ave
Key West, FL 33040
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURERS AFFORDING COVERAGE
Associated Industries of Fl a
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO INHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
~SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
.TR ATE M/DDIYY
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
LIMITS
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS. COMPIOP AGG
LOC
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
GARAGE LIABILITY
ANY AUTO
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY. EA ACCIDENT
OTHER THAN
AUTO ONLY:
EA ACC
AGG
EXCESS LIABILITY
OCCUR 0 CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
003331638
01/01/2003
01/01/2004
o H-
ER
E:L DISEASE - EA EMPLOY
E:L DISEASE - POLICY LIMIT
500,000
500,000
500,000
A
OTHER
IESCRIPTlON OF OPERATIONS/LOCATlONSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
,JAr~ (i ? i"~i1'~
:ERTIFICATE HOLDER
ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
Monroe County Board Of Commisioners
5100 College Rd.
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
p:67/~
ICORD 25-5 (7/97)
Duffie Matson/DIANE
@ACORDCORPORATION 1988
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the
convicted vendor list. "
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
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" 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.
Administration Instruction
#4709.2
TCS
r' "
."- " .
CENTRAL AIR CONDITION1NG MAINTENANCT & REPAIR
LOWER KEYS FACII'.lITIES
ADDENDUM NO.1
06/17/03
The information contained in this Ad~endum modifies, supplements or replaces
information contained in the Bid and is hereby made a part of the Contract Documents.
1, SECTION ONE - INSTRUCTION TO BIDDERS, Article 1.03 - Qualifications
of Bidders (MUST BE SUBMITTED WITH BID): Add paragraph D, Contractor
must possess a State Certified Class A License, or a State Registered Class A
License, in accordance with Standard Industry Code 1711, allowing to work on
units over 20 tons of cooling and 500,000 BTU of heating on any systems.
2. BID FORM - Include with bid form copy of State Certified Class A, or State
Registered Class A License,
All other items remain as called for in the documents.
End of Addendum No. 1
Sf. Director Lower Keys Operations
CENTRAL AIR CONDITIONING MAINTENANCT & REPAIR
LOWER KEYS FACILITIES
ADDENDUM NO.2
06/26/03
The information contained in this Addendum modifies, supplements or replaces
information contained in the Bid and is hereby made a part of the Contract Documents.
1. SECTION ONE - INSTRUCTION TO BIDDERS, Article 1.03 - Paragraph B,
for purposes of submitting a bid security deposit, the annual expenditures for the
Lower Keys Central A/C Maintenance and Repair shall not exceed $25,000.00,
All other items remain as called for in the documents,
End of Addendum No.2
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BID FORM
BID TO:MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GA TO BUILDING ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
BID FROM:
S.:J b Ze r 011'\ (..
hOt/_~ fe.'I\,~sJ/"" (lve.
j( e-, !Lll;. t f/ 330<10
The undersigned, having carefully examined the work, specifications, proposal, and addenda
thereto and other Contract Documents for the services of:
NC MAINTENANCE AND REPAIR FOR THE LOWER KEYS FACILITIES
UP TO AND INCLUDING BIG PINE KEY, FLORIDA.
And having become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the work, does hereby propose to
furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals
necessary to perform and complete said work in a workman-like manner, in conformance with
specifications, and other contract documents including addenda issued thereto.
1. Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays:
BID PRICE: $ 1:,':1 (1)
PER HOUR, MECHANIC
BID PRICE: $ 1 (). () i)
PER HOUR, MECHANIC PLUS HELPER
2 Labor - overtime rate for hours other than normal working hours stated above, including
holidays
BID PRICE: $ 1)..00
BID PRICE: $ go (., a
PER HOUR MECHANIC
PER HOUR, MECHANIC PLUS HELPER
3 Materials - Freon for recharging systems:
BID PRICE PER POUND: $ 11J.5C( R-22
BID PRICE PER POUND: $ Li~0Q R-12
4. Materials - supplies and replacement parts:
BID PRICE: Manufacturer's Invoice plus ,go %
5, Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be
billed as an additional item.
The air conditioning units to be maintained are installed at County Facilities located throughout
the lower keys, from Key West up to and including Big Pine Key, Florida. Window and portable
units may, from time to time, be submitted for analysis for economical repair, If the Contractor
finds that the unit is economically repairable, the Contractor will submit an estimate for repair to
the Owner. The Owner may, at his discretion, have the Contractor repair the window or portable
unit in keeping with the estimate.
I acknowledge receipt of Addenda No, (s)
I have included pages 30 through 35 of the Bid Proposal which entails the Proposal Form ,
the Non-Collusion Affidavit ----.J and the Lobbying and Conflict of Interest Clause ----.J the
Drug Free Workplace Form ----.J and the Bid Bond. In addition, I have included a current copy
of Contractor's License ---' Monroe County Occupation License , Insurance Agents
Statement , and all requirements as stated in Section One, Article 1.03 Paragraphs A
through C.
(Check mark items above. as a reminder that they are included.)
Mailing Address:
~ tf}~J3 f t! 1\ 11'\ 0; tf 'u;, (} J ~
/1 elf tAl l d
':/ .1.1 u <.io
Telephone: 367 5 ) qi.{ ~J4?J
Fax: 3()1 :}fAt.{ / 3 ~ q
~ f- 'L ~. ~....c:J\c) ~ f'\t...:, \ ~
(Name) ~ .
~<a~
(Title)
Signed:
~~~~~
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
5u b Z e/'o
(Name of Business)
.-
1- (1C
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 employees about the dangers of drug abuse in the workplace, the business's 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 subsection (I).
4. In the statement specified in subsection (I), 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 occuning 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 the person authorized to sign the statement I certify that this firm complies fully with the above requirements.
~ 4~D~HJj
Bidder s gnature
l(-~-o~
Date
OMB - MCP#5
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETI-I1CS CLAUSE
fJ l! II r I,. c f" to 5<u:/l "
I
warrants that he/it has not employed, retained
or otherwise had act on his/its 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.
~~, 9-~M
(si ~
Date: l1 - 62Yl -0 ~
STATE OF
d!#t~
COUNfY OF
tntnJAd.
,
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this 2. g
day of
8AJ)~
, 20 tl3 '
;tJ,.
R 10'"
NOTARY PUBLIC
My commission expires: cH - rJ ii, 0-1
OMB - MCP FORM #4
~o~ -1\ Dolores R Eggers
\ ~ ; My CommiSSion 00007548
Of ,.P" Expires March 08. 2005
NON-COLLUSION AFFIDAVIT
I, lei ~ r frtJ fo'tl $", t h s of the city of k €.I<J I...A} L ':, r
according to law on my oat!( and under penalty of perjury, depose and say that:
1.
lam
fJ f" t!- ~ ;(1 (! "" f
of the firm of
Sub Ze,..o r^ v
the bidder making the Proposal for the project described in the Notice for Calling for bids for:
CR"Ifrti-t IJ It, ma .lltc!.-ntu\Lf T R~{kH~
and that I executed the said proposal with full authority t do so:
10 (;.J e- r 1< f! it S
2, the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made b the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
Slweo~~~
f'1- 2,g- 0'3
(Date)
STATE OF:
~~
COUNTY OF:
IJ1//M aJ-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first beil sworn by me, (name of individual signing) affixed hislher signature in the space provided
above on this J. day of _~_______ 20~.
d)~ f-ij~
NOTAR PUBLIC .~
My Commission Expires:
tJ -3 0<< ' f2~_~__~_
~ooJof" ~t\, Dolores R Eggers
~ (~ ~ My CommIssion 000075<48
'; Of....'of Expires March 08, 2005
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FOR COUNTY
Monroe County Facilities Maintenance
3583 S, Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
...
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 of its 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
By
By:
WITNESS
Title:
By
WITNESS
Title:
~-~_.__._-----~-_.~------_._-~----~--
!="ROM :
FHOHE NO. : :305 294 1353
J un, 1'3 2003 Hl: 33AM P5
INSURANct AGENTS STA 'tE~NT
1 have reviewed the above requirements with the bidder named below, The following
deductibles apply to the corresponding policy
POLICY
~(-\-'h ~ 0\ ~J~.-:r:n~) .
DEDUCTIBLES
z
Liabi.lity policies are L Occurrence _~ Claims Made;
\[\~. 1(( f\~h c r ~ 6-\ r\r ,-:['r'\~~
Ins"..aace Agent:)'
BIDDERS STATEMENT
llJl'lder9tand the insurance that win be maooatory if awarded the contract and will comply in tot),
with all the feq\liremems .
Bidder
.\IhniniSlrnlion In.~t:ti('lll
1#47(19.2
JNSCKt.ST
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: AlC Maintenance and Repair
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and indude, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which daims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Administrative Instruction
#4709.2
WC1
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: AlC Maintenance and Repair
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum, liability coverage for:
. OWned, Non-OWned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
Administrative Instruction
#4709.2
GL1
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: AlC Maintenance and Repair
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire tenn of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details
on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the contractor may be required to submit updated financial statements from the fund upon
request from the County.
Administrative Instruction
#4709,2
we1
INSU
CORD~ CERTIFICATE OF LIABILITY INSURANCE CSR CH I DATE fMMIDllIVYVY)
S'tT.BZE-1 06/19/03
_.~. Tl-IIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
UCER
ONLY AND COMFEIlS NO RIGIrrS UIKIN THE CEIlTlFICATE
lantic Pacific-Key West HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTENt) OR
O. Box 5548 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
West FL 33045-5548 L~---
on.:30S-~94-7696 J'ax:30S-294-7383 INSURERS AFFORDING COVERAGE NA1C#
--"----------- ----------- .--
R~D INSURER A: No.th fo~nte InIU.An~e Co. 03510
INSURER 9 Allstate Insurance Co. 19232
._.-._..-.-...__._---,----------------------~_.- ---.-----
~ub Zero,Ine INSURER c:
003 Pen~nsuia Ave ------.----------.----
INSURER D'
Key West FL 33040 ---.
- , INSURER E:
IA
PROD
At
P.
Key
Ph
COVERAGES
THE POlICIESO~ INSURANCE LISTED BROW HAV!' BEE" ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NQT\\IITf.<STANDING
"'NY REQUIREMENT, TERM OR CONDIT:ON OF IW'( CONTRACT OR OTHER OOCUMENTWITH RESf'ECT m WHICH THIS CERTIFIC"'TE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE I'FFORDED BY THE POLICIEIl DESCRIBED HEREIN IS SUBJECT TO ALL THE 'TERMS, !OXCLU510NS AND CONDIiION5 OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
\~~~--_._._. .~--;~~N$~~-;-------T- .....-. u .~_".,~.. ._ .......-..--.-" .... ... . 'OllOV~1'FEC~-.~liC,{~lrlATlOlf ---,.. .--._--- ---.---..---.---. . --
POLICY NUMBER DATEiMNVOOlYY1 DATI! (MM/DOivy'\" LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1000000
~ ~l;?1S'i:s lEa ceeurence) --
A X COMMERCIAL GENERAL L1l.BIUTY 209408664503 ~2/31./02 12/31./03 $ 1.00000
- =:J CLAIMS MADE IL OCCUR ---
~ MED EXP (Any one oerson) $ 5000
PERSONAl & ADV INJURy $ 1000000
-
GENERAL AGGREGATE $ 2000000
- ---
GEN'L AGGREGATE LIMIT APPLIES P~" PRODUCTS - COMP/oP AGG $ 2000000
I n PRO- n tOC -----
FOLICY .IEeT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1000000
ANY AUTO (Ea aeede"\)
-... '".--.. ~"',,' -,,-_.,", '...... .. ~,'".. ..., ..... .~ '-," _....~.-~. .---~._.-................-
.AU OWI<lED AUTOS OODIL Y INJURY
I-- $
B X SCtiEOULED AUTOS 050485391 11/14/02 11/14/03 (Per person)
I--
HIRED AUTOS BODILY INJURY
I $
NON.OWNED AUTOS (Per IICtlde~tl
'- j PROPERTY DAMAGE
(Per IICCIdert) ~
(iMAGE LIABILITY I AUTO ONLY. EA ACCIDENT $
==i ~.NY AUTO I O~ER THAN EA ACC $
AUTO ONLY: --
AGG $
EXCESSIUMBRELLII. LIABILITY E~CH OCCURREI<lCE $
:=J OCCUR o CI.AfIoiS MADE AGGREGATE S
~
_~ DEDUCTIBLC --
I $
I ----.----.--
RETENTION $ $
i TO~y"lll;,ifs I iU~~- -~--
'/'o'ORKERS COIIII'ENIATION AND
EMPLOYERS' UABILnY -~
ANY P~OPRIE10RlPARTNER/EXECUTIVE E.L. ElICH ACCIDENT $
CnICEI'I!fl.tEMBER EXCLUDEm E.L. DISEASE. EA EMPlOYEE $
~rr~I~t'~'OJls1O~s below E.l. DISEASE - POLICY LIMIT $
OTHER
I
!
DESCRIPTION OF OPE~ATIONS I LOCATIONll' VeI1ICL~~ , t:lI.GLUllIIJNll AIJI)I:.U 61 t:.NUOKSI:.Ml:N11 SPfC1AL P~OVISIONS
Air Conditioning Systems
CERTIFICATE HOLDER CANCELLATION
INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA'TION
DATE 'THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO ""AIL ~ DAYS WRIT'TEN
INSURED
Y KIND UPON 'THE INSURER. ITS AGENTS OR
~
ACORD 26 (2001/08)
~ ACORD CORPORATION 1988
ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (WNDDIYYYYj
07/28/2003
PROOuCEP (05)558-1101 FAX (305)822-4722 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
'KBM Construction Insurance Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
7850 Northwest 146 Street HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AL. TER THE COVERAGE AFFORDED BY THE POL.ICIES BEL.OW,
Miami lakes, Fl 33016 ...
Diane Gidui> INSURERS AFFORDING COVERAGE NAlC#
Sub Zero, Inc. .-. -. - ..-.-- --- Industries' of Fl a
INSURED INSlRE'l A Associated
6003 Peninsula Ave ---~--~--. -- - .----.-.-
INSI_RE'l B
Key West, FL 33040 INSlRE'l C
-.------ ..---- --_.~._-_._-
INSlRE'l C
INSlRE'l E
Aeen ~aetLe Mead ~Co Page: 002-003
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATED. N01WITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLLlSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY hAVE BEEN REDUCED BY P.AID CLAIMS,
1l'W ~~~ TYl'E D~ INSURANCE I POclCY ,",UMSEII P8kfeY ~IT~~DY,E POLICY EXPIRATION
~.I~.,,^L LIAaILIr,' I
- CavrvEROI'L ('Et\ER~L JABUT'!
i- ~ CLf<JMS MADE 0 OCCUR II
f-
I--
I~
GEN'L ,\C'GREGATE liMIT .~PPLlES PER
hp:;u::y' n~ nLOC
A.UTOMOBILE LIABILITY
"--
I--
f!..\~-l':'~~lJA~!H,~~
LII\1/TS
J
LlAMAGE TO RE NTED
PhI::- F> ;.\
/YED E:>-F l"ll't en. 'O[5c.nl
rC~::;ONA.L &. AD".' lNJJRY
GEN=RAL AGGREGATE
PR))JCTS.CQ~APr-'~AGG
--
I'WAUTO
CWBlNEC SINGLE LIMIT
(Et aC:,j.ll)
"-
A_l OI\N=:D AUTOS
S:-IEDULED AUTOS
BCOLYINJJRY
(Per ,orsonl
I--
I--
i--
i--
H RED ALTJS
N)\l-C'YINSD AUTOS
BCaLYINJJRY
(Per 3coaanl,
PR)~ERY DAMAGE
(Per !Cadent,
GARAGE LIABILITY
R AWA,UTO
AUTO ClL Y . EA ACCIDEN- $
OTHER THAN
AUTO ClJ_ y.
U, ACC $
AGe. $
$
$
$
$
$
A
nCESSIUMBRELLJ.lWlILITY
o OCCU'l 0 CLP.lMS MA.DE
RCE:JJCTlBLE
R=TENTION $
WORKERS COll1PENSATlON AND
EMPLOYERS' LIABILITY
PI\ Y .~ ETORA='A~mEP/EXECUTI',E
OFFICER/MEMBER EXCLLOED?
~t~bj:r~,W~~~,gr',s oFlev,
OTHER
--..-- - --. -.. ---- - -- - _ __ .____u_ .____ _____
EA:::-i CCCmfENCE
AGGR=G.~TE
2003331638 01/01/2003,01/01/2004
I
I
x I ~~1~~Ws I I ol~'
EL EACH .~CCCE~T $
EL DIS=:ASE . EA EMPLOYEE $
E L DIS=.~SE. PUlleY L1MII $
500,000
500,000
500,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ~NDORSEMENT-I SPECIAt. PROVISIONS
Monroe County Board of County Commissioners
1100 Simonton Street
Key Wesf, Fl 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THE~EOF, TI-I: ISSUING INSURER WILL ENDEAVOR TO IIIAIl
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FA.ILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Of ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES,
AUTHORiZliD REPRIi$ENT A TlVE
~~~
/I ('ngn '}IO ("lnr\ilnQ)
Duffie Matson DIANE
'"'/I ('ngn ('ngnng/lTln.11noo