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12/15/2004CONTRACT THIS AGREEMENT, made and entered into this 15'h day of December, 2004, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter called the "Owner"), and MILLER MECHANICAL, INC. (hereinafter called the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. THE CONTRACT The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents, as specified in paragraph 2. 2. 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. SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation, and perform all of the work described in paragraph 40 of this contract for the: CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR UPPER KEYS FACILITIES MONROE COUNTY, FLORIDA And his bid dated November 4, 2004, each attached hereto and incorporated as part of this contract document. The specifications shall service as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. 4. THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the 3& day of the following month in each of twelve months. The Contractor shall invoice the County monthly for Central A/C Maintenance and Repairs performed under the Specifications contained herein. The Contract price (as stated in the Contractor's proposal) must be invoiced as follows: A. Labor — normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $60.00 per hour, mechanic (includes all travel time) $85.00 per hour, mechanic plus helper (includes all travel time) B. Labor — overtime rate for hours other than the normal working hours as stated in paragraph 1 above, including holidays: $90.00 per hour, mechanic (includes all travel time) $127.50 per hour, mechanic plus helper (includes all travel time) Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. C. Freon for recharging systems: A) R-22 $6.00 per pound B) R-12 $ N/A per pound D. Percentage markup on manufacturer's invoice cost 25%. E. The total contract sum shall not exceed $25,000.00 per year. 5. CONTRACTORS 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 that 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. 6. TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one year commencing January 18, 2005, and terminating on January 17, 2006. B. The Owner shall have the option to renew the agreement after the first year, and each succeeding year, for two additional one year periods. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 7. 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. 8. 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. of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 9. 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. 10. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract it 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. 11. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations 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 note 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. 12. INSURANCE Prior to execution of this agreement, and maintained throughout the life of the contract, the contractor shall furnish to the Owner Certificates of Insurance indicating the minimum coverage limitation as listed below: A. General Liability — include 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 If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $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 claims may be reported should extend for a minimum of twelve months following the acceptance of work by the County. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per Occurrence; and $ 25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. C. Workers Compensation — 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 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 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. D. (OTHER INSURANCE) 13. FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at a 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 by 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. 14. PROFESSIONAL RESPONSIBILITY 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. 15. 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 be certified mail, returned receipt requested, to the following: FOR COUNTY FOR CONTRACTOR Monroe County Facilities Maintenance Miller Mechanical, Inc. 3583 S. Roosevelt Blvd. P.O. Box 1243 Key West, FL 33040 Key Largo, FL 33037 16. CANCELLATION A) In the event that the Contractor shall be found to be negligent in any aspect of plant operation, maintenance, repair, or service, the County shall have t he right to terminate this agreement after five days written notification to the Contractor. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty days written notice of its intention to do so. 17. GOVERNING LAWS Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the Agreement, the County and Contractor agree that venue will lie tin the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 18. RECORDKEEPING Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. 19. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 20. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 22. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 23. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. NONDISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title. IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 27. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 28. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated n Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 29. NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 30. PUBLIC ACCESS The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 31. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 32. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 33. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by and participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 34. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 35. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, An Ethics Statement, and a Drug - Free Workplace Statement. 36. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 37. EXECUTION ON COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 38. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 39. 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. 40. SPECIFICATIONS A) Routine repairs and maintenance of all county maintained central air . conditioning units in the Upper Keys area. B) Emergency repairs of all county maintained central air conditioning units in the Upper Keys area. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR shall be at the site of an air conditioning malfunction within three hours of verbal notification by the OWNER. C) The CONTRACTOR shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained central air conditioning units so that such emergency repairs will be completed within 48 hours of notification by the OWNER. D) The OWNER shall reimburse the CONTRACTOR for the Manufacturer's invoice cost of all parts and materials, plus percentage indicated in section 4 of the bid form, that are used in the repair of all county maintained central air conditioning units. 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. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. E) The facilities are located throughout the Upper Keys, from Conch Key up to and including Key largo, Florida. Building to be services shall include, but shall not be limited to, the following: SHERIFF'S SUB -STATION 88770 OVERSEAS HIGHWAY, PLANTATION KEY GOVERNMENT CENTER/COURTHOUSE HIGHPOINT ROAD, PLANTATION KEY COUNTY OFFICES — SOCIAL SERVICES & CODE ENFORCEMENT HIGHPOIINT ROAD, PLANTATION KEY CARPENTER SHOP KEY HEIGHTS DRIVE, PLANTATION KEY SENIOR CITIZEN CENTER/AARP HIGHPOINT ROAD, PLANTATION KEY TEMPORARY COURTROOM GOVERNMENTAL COMPLEX, PLANTATION KEY SHERIFF'S OFFICES - DETECTIVE'S TRAILER US 1, PLANTATION KEY FORMER MOBILE TRAILER SHERIFF'S OFFICES - FIRST APPEARANCE US 1, PLANTATION KEY FORMER MOBILE TRAILER JERRY ELLIS BUILDING GOVERNMENTAL CENTER COMPLEX 88800 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA PLANTATION KEY DETENTION FACILITY/JAIL 53 HIGH POINT ROAD PLANTATION KEY, FLORIDA ISLAMORADA FIRE STATION ISLAMORADA, FLORIDA TAVERNIER FIRE STTION MARINE AVENUE TAVERNIER, FLORIDA HEALTH CLINIC 170901 HIGHWAY #1 (REAR) TAVERNIER, FLORIDA KEY LARGO FIRE STATION MM99.5, CORNER EAST DRIVE & US 1 NORTH KEY LARGO, FLORIDA KEY LARGO LIBRARY. U.S. HIGHWAY #1 MM101 TRADEWINDS SHOPPING CENTER KEY LARGO, FLORIDA ISLAMORADA LIBRARY 81.5 BAYSIDE ISLAMORADA, FLORIDA ROTH BUILDING 48 HIGH POINT ROAD PLANTATION KEY, FLORIDA 41. PERMITTING The Contractor shall be responsible to obtain any necessary permits during the term of this contract. 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. Attest ' �I :a►ivNY L. KOLHAGE, CLERK r. a eputy Clerk "1'�atL' � �'�►� so ° `� (SEAL) Attest: By: Q2'LL Witness Title: A isi- sc ry i &z TpsV, BOARDOF COUNTY COMMISSIONERS OF MONORE COUNTY, FLOREDA By: a") Mayor/Chairman CONTRACTOR MILLER MECHANICAL, INC. By: Title: V('cr Pi-e-5defi MOWHOE COUNTY-ATTOFJNEY AP VED AST M• ANN A. U TON ASSISTAI�j��U,NT ATTORNEY BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 BID FROM: The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of - A/C MAINTENANCE AND REPAIR FOR THE UPPER KEYS FACILITIES 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 am. to 5:00 p.m. Monday through Friday, excluding holidays: BID PRICE: $ `00• pn PER HOUR, MECHANIC (includes all travel time) BID PRICE: $ Q�5.00 PER HOUR, MECH PLUS HELPER (includes all travel time) 2. Labor — overtime rate for hours other than normal working hours stated above, including holidays: BID PRICE: $ _` 0.OE7 PER HOUR, MECHANIC (includes all travel time) BID PRICE: $ PER HOUR, MECH PLUS HELPER (includes all travel time) Materials — Freon for recharging systems: BID PRICE PER POUND: $ Oo R_22 BID PRICE PER POUND: $_ R-12 4. Materials - supplies and replacement parts: BID PRICE: Manufacturer's Invoice plus 4!S %. 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 Upper Keys. 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) N\-PVV%0__ I have included in the Bid Proposal which entails the Proposal Form `A- Non - Collusion Affidavit X , the Lobbying and Conflict of Interest Clause X and the Drug Free Workplace Form I have included a current copy of the Contractors License � _, Monroe County Occupation License is and all requirements as stated in Section One, Article 1.03 Paragraphs A through C. (Check mark the items above, as a reminder that thev are included) Mailing Address: L��a��i. . Telephone: Fax: _%S' 453 - e�15 Signed• Witness - (Name) l/f'yv"�J (` /f/ 1� (Title) NON -COLLUSION AFFIDAVIT I, .Q"yAN -�!&N\Qa.of the city of _ Sip ► �•O oaccording to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am of the firm of the lbidder making the Proposal for the project described in the Notice for Calling for bids for: and that I executed the said proposal with full authority t do so: 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. A(Siature of Bidder) ( ) STATE OF: �/d 4 / ;),q COUNTY OF: zn 1.2r—z P_ PERSONALLY APPEARED BEFORE ME, the undersigned authority, L /l /o" i, / "// /I fe�o, after first being sworn by me, (name f individual signing) affixed his/her signature in the space provided above on this day of _ My Commission Expires: �(J�l� J ��� tµv .0 7— +Q;••••e�% CYNTHUTADOYLE * * MY COMMISSION # DD 206566 ,�, EXPIRES: July 19, 2007 0, "i-OF PLI Bonded Thru Budget Notary Services SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on histits 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. (signature) Date: STATE OF '�* & I dg COUNTY OF f?26A ,eD F PERSONALLY APPEARED BEFORE ME, the undersigned authority, LJ / &d M jrj IV/ 1j eje— who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this —6 day of /1Ja v�yr1 h f ie , 20a. NOTARY PUBLIC My commission expires: 'Z)I q Jq o�e�Q -7 OMB - MCP FORM #4 CYNTHIA A. DOYLE xA * MY COMMISSION A DD 20 W EXPIRES: July 19, 2007 11'1' '�`o: 1"* ThM 8-* Notary Services DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: � , ,, (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 employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -flee 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 (1). 4. In the statement specified in subsection (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 the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. c-- td er's Signature ` to d OMB - MCP#5 14 7117 4 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RBGIILATION CONSTRUCTION INDUSTRY LICENSING BOARD SECA L04 07 0201731 02 2004 040004794 CMC057213 rho MECHANICAL CONTRACTOR gamed below IS CERTIFIED Cinder the provisions of Chapter 489 FS. expiration date: AUG 31, 2006 MILLER, WILLIAM FREDERICR MILLER MECHANICAL INC 220 y R OQMA ROAD FL 33037 DIANE CARR JEB BUSH SECRETARY GOVERNOR DISPLAY AS REQUIRED BY LAW .!TIES ilNES OF 4ESS NESS IESS -1 OCCUPATIONALTAX 7 p, STATE OF FLORIDA MUST BE DISPLAYED IN CONSPICUOUS PLACE ROOMS SEATS EMPLOYEES F C H Al ; 1 %I A A 'I F E ING m f H A N RESS 14 , A A R G BECOMES A TAX ;EIPT WHEN VALIDATED 0 III! o MOM- y is 1--N r 0000000000 0000002000 0000301400085396 1001 1 ACCOUNT EXPIRES SUPPLEMENTAL RENEWAL . --qcm NEW TAX TRANSFER ORIGINAL T"K-- cc. -cm --4 --r" AMOUNT c:, 4=ma PENALTY 6=='cm--% Jc� COLLECTIONI�Mr g cal TOTAL cm ti THIS IS ONLY A TAX. YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. A -0RDL' CERTIFICATE OF LIABILITY INSURAMs E OP ID E2 DATE(MWDD/YYYY) PRODUCER MILLS-2 08 04 04 Brown & Brown, Inc. THIS CERTIFICATUED AS A MATTER OF INFORMATION 5900 N. Andrews Ave. #300 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 5727 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Ft. Lauderdale FL 33310-5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:954-776-2222 Fax:954-776-4446 INSUR INSURED ERS AFFORDING COVERAGE NAIC # INSURER A: �h10 Casualty IIIS. Co, OR Miller Mechanical Inc. INSURER 8: Bridgefield Zmplcyers ins. Co. P.O. Box 1243 INSURERC: Key Largo FL 33037-1243 INSURERD: COVERAGES INSURER E: 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 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH LTR NSR TYPE OF INSURANCE POLICY NUMBER LI I I DATE MM/DD DATE MMID GENERAL LIABILITY LIMITS A X X COMMERCIAL GENERAL LIABILITY BLO 52802964 EACH OCCURRENCE 01/15/04 $1,000,0QQ CLAIMS MADE � OCCUR 01/15/05 PREMISES(Ea occurence) $ 10Q, 000 X Aggregate per Pro MEDEXP(Any one person) $10,000 Blanket Add' 1 Ins PENAL&ADV INJURY $1, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 , 0 00 , 0 0 0 POLICY X ECT LOC PRODUCTS - COMPIOP A $ 2 , 0 0 0 , 0 0 O __ .. _.____ _AUTOMOBILE LL481LITY A X X ANY AUTO — 252802964 ------- — -- ---- -COMBINED SINLIMIT--- 01/1-5/04 01/15/05 (Ea accident) 'GLE - $- 000; 0OQ— ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY X HIRED AUTOS . r-,� , � �?6 i (Per person) � e^'. ,.��'vls":.f')' $ Al,_ I X NON -OWNED AUTOS BODILY INJURY e y _... >- — (Per accident) $ _...._ PROPERTYDAMAGE GARAGE LIABILITY (Per acciden $ ANY AUTO 5/ AV, i ` i s' P '+ - T . EA ACCIDENT AUTO ONLY- $ OTHER THAN EA ACC $ EXCESS/UMBRELLA LIABILITY AUTO ONLY: AGG $ A X OCCUR CLAIMSMADE 252802964 EACH OCCURRENCE O1/15/04 $ 1, 000, 000 O1/15/05 AGGREGATE $ 1, 000, 000 DEDUCTIBLE $ $ RETENTION $10 , 0 0 0 $ WORKERS COMPENSATION AND $ B EMPLOYERS, LIABILITY X TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTiVE 83029517 OFFICER/MEMBER EXCLUDED? ER O 8/ O 1/ O 4 O 8/ 01/ Q 5 E.L EACH ACCIDENT S yes describe under AL PROVISIONS below SPECI E.L. DISEASE - EA EMPLOYE $ 10 0 0 0 0 $ 1 Q 0 0 0 0 OTHER E.L. DISEASE - POLICY LIMIT $ 5 0 0 0 0 0 A Inland Marine 52802964 01/15/04 01/15/05 Rented 10,000 Max DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Leased Certificate holder is 10,000 Max included as an additional written contract except for the insured with respects to a workers compensation policy. 305-295-3672..... Faxed to: :ERTIIzIrjavc La^s — - Monroe County Board of County MONRO06 Commissioners Attn: Ann 3583 S. Roosevelt Blvd. Key West FL 33040 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIc DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. -UKU Z5 (2001/08) © ACORD CORPORATION 1988