10/20/1994
SECTION TWO
CONTRACT
THIS AGREEMENT, made and entered into this 20th day of
October, 1994, A.D., by and between Monroe County, Florida,
party of the first part (hereinafter sometimes called the
"Owner") , and American Energy & Sheetmetal Corp., party of
the second part (hereinafter sometimes called the "Contractor").
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WITNESSED: That the parties hereto, for th~ ~nsi:8era~on
hereinafter set forth, mutually agree as followse;roz 0
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2.01 SCOPE OF THE WORK
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The Contractor shall furnish all labe-r~" ma-eerilrts,
equipment, machinery, tools, apparatus, and~transpeTta~on
and perform all of the work described in t~ Speci~ca1!lon
entitled:
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CENTRAL AIR CONDITIONING
MAINTENANCE AND REPAIR
UPPER KEYS FACILITIES
FROM ISLAMORADA UP TO AND INCLUDING KEY LARGO
MONROE COUNTY, FLORIDA
and his bid dated September 28, 1994, attached hereto and
incorporated as part of this contract document, and shall
do everything required by this Contract and other Contract
Documents.
2.02 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 plus 35% used by
the Contractor to fulfill the obligations of the
Contract. The Owner may request that such costs be
documented with sales slips, invoices, or other acceptable
proof of purchase at his discretion.
B. The cost of labor and equipment used by the Contractor to
fulfill the obligations 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
~~. Mo~day through Friday, excluding holidays -
$32.00 per hour, mechanic
$48.00 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the normal
working hours as stated in Article 2.02B-l, including
holidays
$48.00 per hour mechanic
$72.00 per hour, mechanic plus helper
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Such costs
maintenance
Payment.
must be
job and
documented for each repair and/or
included with all Applications for
C. The total contract sum shall not exceed Fifteen Thousand
Dollars ($15,000.00) per year.
2.03 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. 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.
B. The passing, approval, and/or acceptance of any part of
the work or material by the Owner shall not operate as a
waiver by the Owner of strict compliance with the terms of
this Contract, and Specifications covering said work; and
the Owner may require the Contractor and/or his surety to
repair, replace, restore, and/or make to comply strictly
and in all things with the Contract and Specifications any
and all of said work and/or materials which within a
period of one year from and after the date of the passing,
approval, and/or acceptance of any such work or material,
are found to be defective or to fail in any way to comply
with this Contract or with the Specifications. This
provision shall not apply to materials or equipment
normally expected to deteriorate or wear out and become
subject to normal repair and replacement before their
condition is discovered. Failure on the part of the
Contractor and/or his Surety, immediately after Notice to
either, to repair or replace any such defective materials
and workmanship shall entitle the Owner, if it sees fit,
to replace or repair the same and recover the reasonable
cost of such replacement and/or repair from the Contractor
and/or his surety, 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.
2.04 LIQUIDATED DAMAGES
Time is of the essence of this Contract and should the
Contractor fail to complete the emergency repairs wi thin
the specified time, or any authorized extension thereof,
there shall be deducted from the compensation otherwise to
be paid to the Contractor, and the Owner will retain the
amount of Fifty Dollars ($50.00) per calendar day as
fixed, agreed, and liquidated damages for each calendar
day elapsing beyond the specified time for completion or
any authorized extension thereof, which sum shall
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represent the actual damages which the Owner will have
sustained by failure of the Contractor to complete work
within the specified time; it being further agreed that
said sum is not a penalty, but is the stipulated amount of
damages sustained by the Owner in the event of such
default by the Contractor.
2.05 PAYMENTS
In accordance with the provisions fully set forth in the
General Conditions, and subject to additions and
deductions as provided, the Owner shall pay the Contractor
as follows:
The County shall pay to the Contractor for the performance
of said service on a per month in arrears basis. The
Contractor shall invoice the County monthly for central
air conditioning maintenance and repair services performed
under the Specifications contained herein.
The OWNER will, within ten days after receipt of each
application for payment, either process payment or return
the application to the CONTRACTOR indicating in writing
the OWNER's reasons for refusing to recommend payment. In
,the latter case, the CONTRACTOR may make the necessary
corrections and resubmit the application. Thirty days
after presentation of the application for payment with the
OWNER's recommendation, the amount recommended will become
due and will be paid to the CONTRACTOR.
2.06 TERM OF CONTRACT/RENEWAL
A. This contract shall be for a period of one (1) year,
commencing on the day first written above.
B. The Owner shall have the option to renew this agreement
after the first year, and each succeeding year, for two
addi tional one year periods. The contract amount agreed
to herein may be adjusted annually in accordance with the
percentage change in the Consumer Price Index (CPI) for
Wage Earners and Clerical Workers in the Miami, Florida
area index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the
previous year. Increases in the contract amount during
each option year period shall be extended into the
succeeding years.
C. Either of the parties hereto may
with or without cause by giving the
days written notice of its intention
cancel this
other party
to do so.
agreement
sixty (60)
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2.07 HOLD HARMLESS
The Contractor shall defend, indemnify and hold the County
Harmless as indicated on form INDl.
2.08 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the
CONTRACTOR is an independ~nt 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.
2.09 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, hir ing, promoting,
terminating, or any other area affecting employment under
this agreement or with the provision of services or goods
under this agreement.
2.10 ASSIGNMENT
The CONTRACTOR shall not assign 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 OWNER and CONTRACTOR may deem
necessary. This agreement shall be incorporated by
reference into any assignment and any assignee 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 OWNER in addition to the total agreed-upon price
of the services/goods of the contractor.
2.11 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 OWNER to terminate this
contract immediately upon delivery of written notice of
termination to the contractor.
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2.12 INSURANCE
Upon 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 1-4, as further
detailed on forms WCl, GLl, VLl, EDl, GIRl &
GIR2, each attached hereto and incorporated as part of
this contract document.
2.13 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance
Contractual Services are partially reduced or cannot be
obtained or cannot be continued at 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 OWNER .by written notice of
termination delivered in person or by mail to the
contractor. The OWNER shall not be obligated to pay for
any services provided by the contractor after the
contractor has received written notice of termination.
2.14 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 the Public Works Specification
Manual entitled "Central Air Conditioning Repair for Upper
Keys Facilities / From Islamorada up to and including
Key Largo, Monroe County, Florida", which is attached
hereto and incorporated herein as a part of this
contract/agreement. The provider shall at all times
exercise independent, professional judgement 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.
2.15 NOTICE REQUIREMENT
Any notice required or permitted under
shall be in writing and hand delivered or
prepaid, to the other party by certified
receipt requested, to the following:
this agreement
mailed, postage
mail, returned
FOR COUNTY
Monroe County Public Works
5100 College Road
Key West, FL 33040
FOR CONTRACTOR
American Energy &
Sheetmetal Corporation
101 N.E. 3rd Road
Homestead, FL 33030
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IN WI'I'NESS WHEREOF the parties hereto have executed this Agree-
ment on the day and date first above written in four (4)
counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original Contract.
COUNTY OF MONROE, STATE OF
FLORIDA
By
a. ~cLJ(
Mayor/CRilirmaR. rro T..Q..(Y'\
Attest: DANNY L. KOLHAGE, Clerk
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Corporate Seal if Corporation
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CERTIFICATE
STATE OF FLORIDA )
ss
COUNTY OF )
I HEREBY CERTIFY that a
AMERi(4JJ EV?RtAyfSJ-1, a
f '
State 0 FL.of7/o#'l
the following resolution was
meeting of the Board of.
corporationo under the
, held on /JuC zR
duly ,gassed and adopted:
Directors of
laws.'-o~ the
.;- 1993> ,
"RESOLVED, that ~M JIE~4c)T7 , as
-'lMETVCl"lu E,,(JE~C SIYI President of the corporation,
is authorized to ecute the Contract dated 9/zg /CJA- ,
1994, between Monroe County, Florida and this corporation,
and that his execution thereof, attested by the Secretary
of the corporation and with corporate seal affixed, shall
be the official act and deed of this corporation.",
I further certify that said resolution is now in full force and
effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
official seal of the corporation this Zf3 day of _\ 'lQ4
1994. ~;k ,"
a~ ~n6-
Secretary .
the
,
.
APPLICATION FOR PAYMENT
MONTH OF
, 19
AIR CONDITIONING UNIT
MAINTENANCE AND REPAIR
UPPER KEYS FACILITIES
MONROE COUNTY, FLORIDA
CONTRACTOR INFORMATION
NAME:
ADDRESS:
PHONE:
PARTS AND MATERIALS COSTS: $
PERCENTAGE INCREASE $
TOTAL COST PARTS & MATERIAL $
LABOR AND EQUIPMENT COSTS: $
SUB-CONTRACTOR COSTS: $
TOTAL DUE THIS INVOICE: $
DESCRIPTION OF WORK'
Briefly describe each incidence of Work of which payment is
requested on the attached form. Include the Facilities
Maintenance Work Order Number, date, time, location, parts and
materials used, labor, and nature of maintenance and/or
repairs. In the case of emergency repairs, include the name of
the person who informed you of the malfunction.
Authorized Signature
Title
Date
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APPLICATION FOR PAYMENT DETAILS
(use a separate form for each job)
WORK ORDER NUMBER:
.
DATE:
ARRIVAI~ TIME:
DEPARTURE TIME:
LOCATION:
PARTS AND MATERIALS COSTS*
ITEM
DESCRIPTION
UNIT PRICE
QUANTITY
SUB-TOTAL
1
2
3
4
5
PARTS & MATERIALS TOTAL
LABOR AND EQUIPMENT COSTS
HOURS @
LABOR & EQUIPMENT TOTAL
TOTAL
DESCRIPTION OF WORK
Authorized Signature
Title
Date
.
*Contractor may be required to provide sales slips, invoices, or
other proof of purchase
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. .
MONROE COUNTY
SPECIFICATIONS MANUAL
for
CENTRAL AIR CONDITIONING REPAIR
for'
UppeT Keys Facilities
fron?" 1 sla'morada IIp to
and inclllding ]{ey Largo
!vIonroe Co'unty, Florida
BOARD OF COUNTY CO}.{J{fSSIONERS
WHhelmina Harvey, District t
Mayor Jack London, District 2
Shirley Freeman, District 3
Mayor Pro-Tern Earl Cheal, District 4
Mary Kay Reich, District 5
-
COUNTY ADMINISTRATOR
James L. Roberts
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
DIRECTOR OF PUBLIC WORKS
Dent Pierce
DIRECTOR OF FACILITIES MAINTENANCE
John King
August. 1994
PTepa.Ted. By:
Monroe County Public Works
Facilities Maintenance Department
,.'
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on the
28th day of September, 1994 at 10:00 a.m., at the Office of
the Director of Purchasing, a Committee consisting of the
Director of Purchasing, the County Administrator, the County
Attorney, and the requesting Department Head or Division
Director, or their designees, will open sealed bids for
CENTRAL AIR CONDITIONING REPAIR
UPPER KEYS FACILITIES
FROM ISLAMORADA UP TO AND INCLUDING KEY LARGO
MONROE COUNTY, FLORIDA
All bids must be received by the Office of the Director of
Purchasing, 5100 College Road, Public Service Building, Cross
Wing Room 1002, Stock Island, Key West, Monroe County, Florida
33040 before 10:00 a.m. on September 28, 1994.
All bids, including the recommendation of the County
Administrator and requesting Department Head or Division
Director, will be referred to the Board of County Commissioners
for final awarding or otherwise.
The Board will automatically reject the bid(s) of any
person or affiliate who appears on the convicted vendor list
prepared by the Department of General Services, State of
Florida, under Sec. 287.133 (3)(d), Fla.Stat. (1989).
The Contractor shall provide central air conditioning
repair in accordance with the Specification Manual entitled
"Central Air Conditioning Repair/Upper Keys Facilities, Monroe
County" Florida".
Specifications
may
be
obtained
from
the
Purchasing
Director, 5100 College Road, Cross Wing Room 1002, Stock Island,
Key West, FL 33040.
Further information may be obtained by
contacl:ing
Cindy
Sawyer,
Facilities
Maintenance
Contract
Monitor, 5100 College Road, Stock Island, Florida, 33040, (305)
292-4431.
Two (2) signed originals and one (1) copy of each bid shall
be submitted in a sealed envelope marked on the outside, "Sealed
Bid
for
Central
Air
Conditioning
Repair
Upper
Keys
Facilit~ies" .
All bids must remain valid for a period of ninety
(90) days.
The Commission reserves the right to reject any and all
bids, to waive informalities in any and all bids, and to
re-advertise for bids.
An awaid, if made, will be to the
lowest, most responsible, and qualified bidder the Commission
deems to be in the best interest of the County.
The Board also reserves the right to separately accept or
reject any item or items of a bid and to award and/or negotiate
a contract in the best interest of the County.
DATED at Key West, Florida, this 29th day of August, 1994.
R.M. COFER
Director of Purchasing
for Monroe County, Florida
SECTION ONE
INSTRUCTIONS TO BIDDERS
1. 01 DESCRIPTION
A. This project requires the furnishing of all labor,
materials, equipment, tools, transportation, services, and
incidentals; and the performing of all work necessary in
accordance with the specifications entitled:
CENTRAL AIR CONDITIONING REPAIR
UPPER KEYS FACILITIES
FROM ISLAMORADA UP TO AND INCLUDING ~EY LARGO
MONROE COUNTY, FLORIDA
B. The facilities are located from Islamorada up to and
including Key Largo, Florida. Buildings to be serviced
shall include, but shall not be limited to, the following:
SHERIFF'S SUB-STATION
88770 Overseas Highway, Plantation
GOVERNMENTAL CENTER/COURTHOUSE
Highpoint Road, Plantation Key
COUNTY OFFICES
Highpoint Road, Plantation Key
TEMPORARY COURTROOM
Governmental Complex, Plantation
SHERIFF'S OFFICES
US 1, Plantation Key
Former Mobile Trailer
SHERIFF'S OFFICES
US 1, Plantation Key
Former Mobile Trailer
SHERIFF'S OFFICES
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
.
FIRE STATION
1 Story CBS Building
1-1
HEALTH CLINIC
170901 Highway #1 (Rear), Tavernier
1.02 DEFINED TERMS
Terms used in the Instructions To Bidders are
defined and have the meanings assigned to them in
the General Conditions.
1.03 COPIES OF BIDDING DOCUMENTS
A. Only complete sets of Bidding Documents will be issued and
shall be used in preparing bids. The OWNER does not
assume any responsibility for errors or misinterpretations
resulting from the use of incomplete sets.
B. Complete sets of Bidding Documents may be obtained in the
manner and at the location stated in the Notice of Calling
for Bids.
1.04 QUALIFICATIONS OF BIDDERS
A. Each bid must
qualifications to
project is located.
contain evidence of
do business in the
the
area
bidder's
where the
B. To demonstrate qualifications to perform the work, each
bidder shall submit written evidence as to financial
status, previous successful contractual and technical
experience in similar work including references,
description, volume of present commitments, evidence of
possession of valid state, county, and local licenses, and
Certificates of Competency covering all operations and all
areas of political jurisdiction involved in the work of
this project and such other data as may be requested by
the OWNER.
1.05 DISQUALIFICATION OF BIDDERS
A. One Bid: Only one bid from an individual, firm,
partnership or corporation under the same or under
different names will be considered. In the event evidence
is discovered which indicates a bidder has interest in
more than one bid for the work involved, all bids in which
such a bidder is interested shall be reiected.
B. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or
proposal in response to this invitation must execute the
enclosed NON-COLLUSION AFFIDAVIT. If it is discovered
that collusion exists among the bidders, the bid or
proposals of all participants in such collusion shall be
reiected, and no participants in such collusions will be
considered in future bids for the same work.
.
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C. PUBLIC ENTITY CRIME AFFIDAVIT: Any person submitting a
bid or proposal in response to this invitation must
execute the enclosed Form PUR 7068, SWORN STATEMENT UNDER
SECTION 287.l33(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY
CRIMES, including proper check(s), in the space(s)
provided, and enclose it with his bid or proposal. If you
are submitting a bid or proposal on behalf of dealers or
suppliers who will ship commodities and receive payment
from the resulting contract, it is your responsibility to
see that copy(s) of the form are executed by them and are
included with your bid or proposal. Corrections to the
form will not be allowed after the bid Or proposal opening
time and date. Failure to ..complete this form in every
detail and submit it with your bid or proposal will
result in immediate disqualification of your bid--or
proposal.
1.06 EXAMINATION OF CONTRACT DOCUMENTS
A. Each bidder shall carefully examine the specifications and
other contract documents, and inform himself thoroughly
regarding any and all conditions and requirements that may
in any manner affect cost, progress, or performance of the
work to be performed under the contract. Ignorance on the
part of the CONTRACTOR will in no way relieve him of the
obligations and responsibilities assumed under the
contract.
B. Should a
omissions
doubt as
OWNER.
bidder find discrepancies or ambiguities in, or
from, the specifications, or should he be in
to their meaning, he shall at once notify the
1.07 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any bidder as to
the meaning of the contract documents. Any inquiry or
request for interpretation received seven (7) or more days
prior to the date fixed for opening of bids will be given
consideration. All such changes or interpretations will
be made in writing in the form of an addendum and, if
issued, will be mailed or sent by available means to all
known prospective bidders prior to the established bid
opening date. Each bidder shall acknowledge receipt of
such addenda in the space provided therefore in the bid
form. In case any bidder fails to acknowledge receipt of
such addenda or addendum, his bid will nevertheless be
construed as though it had been received and acknowledged
and the submission of -his bid will constitute
acknowledgement of the receipt of same. All addenda are a
part of the contract documents and each bidder will be
bound by such addenda, whether or not received by him. It
1-3
is the responsibility of each' bidder to verify that he has
received all addenda issued before bids are opened.
1.08 GOVERNING LAWS AND REGULATIONS
A. The bidder is required to be familiar with and shall be
responsible for complying with all federal, state and
local laws, ordinances, rules~ and regulations that in any
manner affect the work.
B. The bidder shall include in his bid prices all sales,
consumer, use, and other taxes required to be paid in
accordance with the law of the State o"f Florida and the
County of Monroe.
1.09 PREPARATION OF BIDS
A. Signature of the bidder: The bidder must sign the Bid
forms in the space provided for the signature. If the
bidder is an individual, the words "doing business
as ", or "Sole Owner" must appear beneath such
signature. In the case of a partnership, the signature of
at least one of the partners must follow the firm name and
the words "Member of the" Firm" should be written beneath
such signature. If the bidder is a corporation, the title
of the officer signing the bid in behalf of the
corporation must be stated along with the Corporation Seal
Stamp and evidence of his authority to sign the bid must
be submitted.
The bidder shall state in the bid the name and address of
each person interested therein.
B. Basis for Bidding: The price bid for each item shall be
on a unit price basis according to the form of the bid.
The bid prices shall remain unchanged for the duration of
the contract and no claims for cost escalation during the
progress of the work will be ~onsidered.
1.10 SUBMISSION OF BIDS
A. Two (2) signed originals and one (1) copy of each bid
shall be submitted.
B. The bid shall be submitted in a sealed envelope which
shall be marked so as to clearly indicate its contents and
the name of the bidder. If forwarded by mail, the above
mentioned envelope shall be enclosed in another envelope
addressed to the entity and address stated in the Notice
of Calling For Bids, and preferably by special deli very,
registered mail; if forwarded otherwise than by mail, it
shall be delivered to the same address. Bids will be
received until the date and hour stated in the Notice of
Calling For Bids.
1-4
C. Each bidder shall submit with his bid
evidence of his qualifications, experience
status as outlined in Article 1.04.
the required
and . financial
1.11 WITHDRAWAL OF BID
Any bid may be withdrawn prior to the time scheduled in
the Notice of Calling For Bids for the opening thereof. A
bid may also be withdrawn thirty (30) days after the date
of the opening of the bids, provided that the bidder has
not been notified that his bid has been accepted.
1.12 MODIFICATION OF BIDS
A. Written bid modification will be accepted from bidders if
addressed to the entity and address indicated in the
Notice of Calling For Bids and received prior to bid due
date and time.
B. A bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time for
receipt of bids, provided such telegraphic communication
is received prior to the closing time, and provided
further, the OWNER is satisfied that a written
confirmation of the telegraphic modification over the
signature of the bidder was mailed prior to the closing
time. The telegraphic communication should not reveal the
bid price, but should provide the addition or subtraction
or other modification so that the final prices or terms
will not be known until the sealed bid is opened. If
written confirmation is not received within two days from
the closing time, no consideration will be given to the
telegraphic modification.
1.13 RECEIPT AND OPENING OF BIDS
Bids will be received until the designated time and will
be publicly opened and read aloud at the appointed time
and place stated in the Notice of Calling For Bids. The
person whose duty it is to open them will decide when the
specified time has arrived and no bids received thereafter
will be considered. No responsibility will be attached to
anyone for the premature opening of a bid not properly
addressed and identified. Bidders or their authorized
agents are invited to be present.
1.14 DETERMINATION OF SUCCESSFUL BIDDER
.
Until the final award of the contract, the OWNER does not
bind to accept the minimum bid, but reserves the right to
reject any and all bids and to waive technical errors and
irregularities as may be deemed best for the interests of
the OWNER. Bids which contain modifications, are
,
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"
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-J,-
incomplete, unbalanced, conditional, obscure, or which
contain additions not requested or irregularities of any
kind, or which do not comply in every respect with the
Instructions to Bidders, and the contract documents, may
be rejected at the option of the OWNER.
1.15 AWARD OF CONTRACT
A. The OWNER reserves the right to reject any or all bids, or
any part of any bid, to waive any informality in any-bid,
or to re-advertise for all or part of the work
contemplated. If bids are found to be acceptable by the
OWNER, written notice will be given to the selected bidder
of the acceptance of his bid and of the award of the
contract to him.
B. If the award of the contract is annulled, the OWNER may
award the contract to another bidder or the work may be
re-advertised or may be performed by day labor as the
OWNER decides.
C. The contract will be awarded to the qualified bidder
complying with the applicable conditions of the contract
documents.
D. The ability of a bidder to obtain
not be regarded as the sole
competence or responsibility.
a performance bond shall
test of such bidder's
E. The OWNER also reserves the right to reject the
bid of a bidder who has previously failed to perform
properly or to complete contracts of a similar nature on
time.
1.16 EXECUTION OF CONTRACT
The bidder to whom a contract is awarded will be required to
return to the OWNER four (4) executed counterparts of the
prescribed contract together with the required certificate of
insurance within fifteen (15) days from the date of notice of
acceptance of the bidder's bid.
1.17 CERTIFICATE OF INSURANCE
The Contractor will be responsible for all necessary insurance
coverage as indicated by an "X" on the attached forms
identified as INSCKLST 1-4, as further detailed on forms
GL1, VL1, WC1, GIRl, and GIR2. Certificates of
Insurance must be provided to Monroe County within fifteen days
aft:er ,;.ward of bid. If the proper insurance forms are not
received within the fifteen days, bid may be awarded to the
next selected bidder.
1-6
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BID
For
CENTRAL AIR CONDITIONING
MAINTENANCE AND REPAIR
UPPER KEYS FACILITIES
KEY WEST" FLORIDA
Submitted ~ ~
i9__~4-~
Board of County Commissioners
Office of the Director of Purchasing
5100 College Road, Cross Wing, Room 002
Stock Island, FL 33040
Gentlemen:
The undersigned, as Bidder, hereby declares that the only
person or persons interested in the Bid, as principal or
principals, is or are named herein and that no other person
than herein mentioned has any interest in the Bid of the
Contract to which the work pertains; that this Bid is made
without connection or arrangement with any other person,
company, or parties making a bid pr proposal and that the Bid
is in all respects fair and made in good faith without
collusion or fraud,
The Bidder further declares that he has examined the
Specifications for the work and from his own experience or from
professional advice has fully satisfied himself that the
Specifications are sufficient for. the work to be done and he
has examined the other Contractual Documents relating thereto,
including the Instructions to Bidder, Bid, Contract, General
Condi tions, Specifications, and has read all addenda prior to
the opening of bids, and that he has satisfied himself fully,
relative to all matters and conditions with respect to the work
to which this Bid pertains.
The Bidder proposes and agrees, if this Bid is'accepted, to
contract with Monroe County, Florida, (Owner) in the form of
contract specified, to furnish all necessary materials, all
equipment, all necessary machinery, tools, apparatus, means of
transportation, and labor necessary to complete the work
specified in the Bid and the Contract, and 'called for by the
Specifications and in the manner specified.
The Bidder further proposes and agrees to
respects. with the" time limits for commencement,
of the work as stated in the Contract Form.
comply in all
and completion
, '
. '. . . .
The. Bidder,'. further agrees, that the" deductions" for liquidated
"da'mages i' as:' stated, in't)1e Contract', Form;',corist-itute ,fixed"
ag:i:eed~ and<~iquidated:d'amages to reimburse the Owner for
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"addit"'fortaI"-c6sts t6the o;..,ner '~esulting from the work not being
. c6mppitE!d withiri..thei time'. limit. stated in the Contract:.Form.
The . undersigned~grees to' accept in full .comp~n"~-;;ti;'ri therefore
the, unit prices for 'the items named in the following" schedule.
It is understood that the unit prices quoted or established for
a particular item are to be used for computing the amount to be
paid to the Contractor. In addition, the Contractor is to be
reimbursed for the actual cost to him of any parts and
materials used to fulfill the requirements Of the Contfact.
Payment will be based upon items listed in the Bid Form.
.f.
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Bidders Certificate of compet:ncy NO.{!/7L(YJI517
Bidders Occupational License No.
f~1 PI2OI!:6$S OF /;"57'70.1.15 HI";t:; J-/rO/J120.&
PHoNE? A...o PRoPEl<-. J...':;:E.u5€ .( MM '1a)
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B~i:JFORM',', '~t~~~~
CENTRAL AIR CONDITIONING REPAIR
UPPER KEYS FACILITIES! '~," ,... , ..
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CONTRACT SPECIFICATIONS
A. Routine
maintained central
area.
repairs and maintenance
air condi tionfng units in
of
the
all county
Upper Keys
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 (3) 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
actual cost of all parts and materials, plus percentage
indicated in section E4 of this bid form, that are used in the
repair of all county maintained central air conditioning
units. Receipts, invoices, or other acceptable proof of
purchase may be requested at the discretion of the Owner. All
parts and materials shall be of ,equal or greater quality as
compared to existing parts and materials in use.
E. The following are the bid items of this contract:
1. Labor - normal working hours of 8:00 AH to
5:00 PH Honday through Friday, excluding holidays.
..
BID PRICE:
$ 32.
$ -Ti__ 14 8 ..
per hour, mechanic
per hour, mechanic
plus helper
BID PRICE:
2. Labor - overtime rate for hours other than the normal
working hours as stated in item ;1 above, including
holidays ..'
BID PRICE: $
48..
12.
per hour, mechanic
BID,PRICE: $
per hour, mechanic
plus helper
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-- 3';' Materials, Fr'eon, for recharging systems will be
charged as a mal;ert'al mark-up" a't the, percentage
,increase in_dicat~d on line'\.. below.-:"
,4. Materials - Supplies and replacement parts
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BID PRICE: cost-plus
2,~
%
5. Freon evacuation and disposal shall be a, part of
the Contractor's rate, and shall 'not be blll~d as
an additional item.
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F. The CONTRACTOR'S request for payment (as outlined in
the General Conditions) must itemize each of the costs stated
in paragraph E above.
G. 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.
Acknowledgement is, hereby made of the following Addenda
received since issuance of the Specificationsl
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No. Dated:
JlMFRr(I1U EJ./€!<L;V': SR.
L.S.
(Na~f Bidder) (Affix Seal)
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(Signature of Officer)
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Address:
L.S.
(Titl~ of Officer)
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in the', foregoing bid,' as P!incipals ,!!re'_a,s',fciHows :,-,---: : ' -
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Name of the executive who will
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SECTION THREE
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Wherever used in these General Conditions or in the other
contract documents the terms below have the meanings indicated
which are applicable to both the singular and plural - thereof.
The use of the terms "he", "him", "himself", or "his" shall
refer to male and female persons alike and should not be
construed as derogatory or discriminatory to female persons.
Addenda
Written or graphic instruments issued prior to the
opening of bids which clarify, .correct, or change the
bidding documents or the contract documents.
Aqreement
The written agreement between the OWNER and the
CONTRACTOR covering the 'work to be performed; other
contract documents are attached to the agreement and
made a part thereof as provided therein.
Application for Payment
The form accepted by the OWNER which is to be used by
the CONTRACTOR in requesting payments .and which is to
include such supporting documentation as is required by
the contract documents.
Bid
The offer or
prescribed form
to be performed.
bid of the bidder submitted on the
setting forth the prices for the work
Biddinq Documents
The advertisement or invitation to bid, instructions to
bidders, the bid form,. and the proposed ccntract
document~ (including all addenda issued prior to
receipt of bids).
Chanqe Order
A document which is signed by the
OWNER and directs or authorizes an
or revision in the work, or an
contract price or the contract time,
the effective date of the agreement.
CONTRACTOR and the
addition, deletion
adjustment in the
issued on or after
3-1
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Contract Documents
The bidding documents, agreement,. addenda (which
pertain to the contract documents), the CONTRACTOR'S
bid (including documentation accompanying the bid and
any post-bid documentation submitted prior to the
notice of award) when attached as an exhibit to the
agreement, the bonds, these General Conditions, and the
specifications as the same are more specifically
identified in the agreement,. together witn all
amendments, modifications, and supplements.
Contract Price
The moneys payable by the OWNER to the CONTRACTOR under
the contract documents as stated in the agreement.
Contract Time
The Contract shall be in force and binding on the OWNER
and the CONTRACTOR for a period of one (I) year from
the effective date of the agreement.
Contractor
The person, firm, or corporation with whom the OWNER
has entered into the agreement.
Defective
An adjective which when modifying the word work refers
to work that is unsatisfactory, faulty, or deficient,
or does not conform to the contract documents, or does
not meet the requirements of any inspection, reference
standard, test, or approval referred to in the contract
documents, or has been damaged prior to the OWNER's
recommendation of payment.
Effective Date of the Aqreement
The date indicated in the agreement on which it becomes
effective, but if no such date is indicated it means
the date on which the agreement is signed and delivered
by the last of the two parties to sign and deliver.
Field Order
A written order issued by the OWNER which orders minor
changes in the work but which does not involve a change
in the contract price or contract time.
3-2
,
Laws and Requlations; Laws or Requlations
Laws, rules, regulations, ordinances, codes and/or
orders.
Lower Keys Facilities
From Key West up to and including Big Pine Key, Monroe
County, Florida.
Middle Keys Facilities
Marathon, Florida
Notice of Award
The written notice to the apparent successful bidder
stating that upon compliance by the apparent successful
bidder with the conditions precedent enumerated
therein, within the time specified, the OWNER will sign
and deliver the agreement.
Owner
The Monroe County Board of Commissioners as represented
by the Facilities Maintenance Department with whom the
CONTRACTOR has entered in~o the agreement and for whom
the work is to be provided.
Partial Utilization
Placing a portion of the work in service
purpose for which it is intended (or a related
before reaching completio~ for all the work.
Project Manual
The title of the bound documentary information prepared
for this maintenance and repair project which includes
bidding requirements, conditions of . contract, and
specifications.
for the
purpose)
Specifications
Those portions of the contract documents consisting of
written technical descriptions of materials, equipment,
construction systems, s~andards, and workmanship as
applied to the work, and certain administrative details
applicable thereto.
Supplie:r;:
A manufacturer, fabricator,
ma~erialman, or vendor.
supplier,
distributor,
3-3
Underqround Facilities
All pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such
facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
materials: electricity, gases, steam, liquid petroleum
products, telephone or othercommunications~ -'cable
television, sewage and drainage removal, traffic or
other control systems, or water.
Unit Price Work
Work to be paid for on the basis of unit prices.
Upper Keys Facilities
From Islamorada up to and including Key Largo.
Work
The entire completed repair or the various separately
identifiable parts thereof required to be furnished
under the contract documents. Work is the act of and
result of performing services, furnishing labor, and
furnishing and incorporating materials and equipment
into the repair, all as required by the contract
documents.
Work Directive Chanqe
A written directive to the CONTRACTOR, issued on or
after the effective date of the agreement ordering an
addition, deletion, or. revision in the work, or
responding to differing or unforeseen physical
conditions under which the work is to be performed. A
work directive change may not change the contract price
or the contract time, but is evidence that the parties
expect that the change directed or documented by a work
directive change will be incorporated in a subsequently
issued change order following negotiations by the
parties as to its effect, if any, on the contract price
or contract time.
Written Amendment
A written amendment of the contract documents, signed
by the OWNER and the CONTRACTOR on or after the
effective date of the agreement and normally dealing
with the nonengineering or nontechnical rather than
strictly work-related aspects of the contract documents.
3-4
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ARTICLE 2 - PRELIMINARY MATTERS
Commencement of Contract Time; Notice to Proceed:
2.1 The contract time shall commence to run on the
effective date of the agreement.
ARTICLE 3 - AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS:
The contract documents may be amended to provide for
additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more
of the following ways:
A.
a Written Amendment
B.
a Change Order
The contract price and contract time may only be
changed by a change order or a written amendment.
ARTICLE 4 - INSURANCE/HOLD HARMLESS
Contractor will be responsible for all necessary insurance cover-
age as indicated by an "X" on the attached forms identified as
INSCKLST 1-4, as further detailed on forms WC1, GL1, VL1,
GIR 1 & GIR 2.
The Contractor shall defend, indemnify and hold harmless the
County as outlined on the attached form identified as IND1.
ARTICLE 5 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Personnel
5.1 The CONTRACTOR shall supervise and direct the work
competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may
be necessary to perform the work in accordance with the
contract documents. The CONTRACTOR shall employ a
sufficient number of technicians to adequately maintain
the Central Air Conditioning systems. The CONTRACTOR
shall be solely responsible for the means, methods,
techniques, sequences, and procedures of construction.
The CONTRACTOR shall be responsible to see that the
finished work complies accurately with the contract
documents.
Pa~ts, Materials and Equipment
5.2
Unless otherwise specified
CONTRACTOR shall furnish and
fOF all materials, equipment,
in
assume
labor,
the contract the
full responsibility
transportation,
3-5
machinery, tools, and all
for the completion of the work.
'- ,
other
incidentals
necessary
5.3 All parts, materials, and equipment shall be of good
quality and new. All parts and materials shall meet or
exceed all applicable Standard Specifications. If
required by the OWNER, the CONTRACTOR shall furnish
satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and
equipment. All materials and equipment shall be
applied, installed, connected, erected, used, cleaned,
and conditioned in accordance with the instructions of
the applicable supplier.
Records:
5.4
The CONTRACTOR shall record maintenance
maintenance log which shall- contain
information.
activities in a
all pertinent
Concerninq Supplier and Others:
5.5
5.6
5.7
The CONTRACTOR shall not employ any supplier or other
person or organization whether initially or as a
substitute, against whom the OWNER may have reasonable
objection. The CONTRACTOR shall not be required to
employ any supplier or other person or organization to
furnish or perform any of the work against whom the
CONTRACTOR has reasonable objection.
The CONTRACTOR shall be fully responsible to the OWNER
for all acts and omissions of the suppliers and other
persons and organizations performing or furnishing any
of the work under a direct or indirect contract with
the CONTRACTOR just as the CONTRACTOR is responsible
for the CONTRACTOR's own acts and omissions. Nothing
in the contract documents shall create any contractual
relationship between the OWNER and any such supplier or
other person or organization, nor shall it create any
obligation on the part of the OWNER to payor to see to
the payment of any monies due any such supplier or
other person or organization except as may otherwise be
required by laws and regulations.
The CONTRACTOR shall make every effort to obtain the
parts and materials at the lowest possible cost without
sacrificing the quality of said parts and materials.
The CONTRACTOR is responsible, however, for maintaining
a parts and materials inventory of sufficient size to
support all repair operations (routine and emergency)
irregardless of the location of the supplier.
3-6
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Permits:
5.8 The CONTRACTOR shall obtain and pay for all required
permits and licenses. The OWNER shall assist the
CONTRACTOR, when necessary, in obtaining such permits
and licenses. The CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the work, which are applicable on
the effective date of the agreement. The CONTRACTOR
shall pay all charges of utility owners for connections
to the work. Monroe County will waive the fees for
such permits as it normally issues.
Laws and Requlations:
5.09
Taxes:
5.10
The CONTRACTOR shall give all notices and comply with
all laws and regulations appltcable to furnishing and
performance of the work. Except where otherwise
expressly required by applicable laws and regulations,
the OWNER shall not be responsible for monitoring the
CONTRACTOR's compliance with any laws or regulations.
The CONTRACTOR shall pay all sales, consumer, use, and
other similar taxes required to be paid by the
CONTRACTOR in accordance with the laws and regulations
of the place of the project which are applicable during
the performance of the work.
5.11
Safety and Protection:
The CONTRACTOR shall be responsible for initiating,
maintaining, and supervising all safety precautions and
programs in connection with the work. The CONTRACTOR
shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent
damage, injury, or loss to:
5.11.1
site and other
who may be affected
all employees on the work
persons and organizations
thereby:
5.11. 2
all the work and materials
be incorporated' therein,
on or off the site; and
and equipment to
whether in storage
5.11.3
other property at the site or adjacent
thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures,
utilities, and underground facilities.
3-7
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The CONTRACTOR shall comply with all applicable laws
and regulations of any public body having jurisdiction
for the safety of persons or property Or to protect
them from damage, injury, or loss; and shall erect and
maintain all necessary safeguards for such safety and
protection. The CONTRACTOR shall notify owners of
adjacent property and of underground facilities and
utility owners when prosecution of the work may affect
them, and shall cooperate with them in the protection,
removal, relocation, and replacement of- - their
property. All damage, injury, or loss to ary property
caused, directly or indirectly, in whole or in part, by
the CONTRACTOR, any supplier, or any other person or
organization directly or indirectly employed by them to
perform or furnish any of the work or anyone for whose
acts any of them may be liable, shall be remedied by
the CONTRACTOR. The CONTRACTOR's duties and
responsibili ties for the' safety and protection of the
work shall continue until such time as all the work is
completed.
Indemnification:
5.12
5.13
To the fullest extent permitted by laws and
regulations, the CONTRACTOR shall indemnify and hold
harmless the OWNER and the OWNER's consultants, agents,
and employees from and ,against all claims, damages,
losses, and expenses, direct, indirect, or
consequential (including but not limited to fees and
charges of engineers, architects, attorneys, and other
professionals, and court costs) arising out of or
resulting from the performance of the work, provided
that any such claim, damage, loss, or expense (a) is
attributable to bodily ~njury, sickness, disease or
death, or to injury to or destruction of tangible
property (other than the work itself) including the
loss of use resulting therefrom and (b) is caused in
whole or in part by any negligent act or omission of
the CONTRACTOR, or person or organization directly or
indirectly employed by the CONTRACTOR' to perform or
furnish any of the work or anyone for whose acts any of
them may be liable regardless of whether or not it is
caused in part by a party indemnified hereunder or
arises by or is imposed by law and regulations
regardless of the negligence of any such part.
In any and all claims against the OWNER or any of the
OWNER's consultants, agents or employees by any
employee of the CONTRACTOR, or any person or
organizations directly or indirectly employed by the
CONTRACTOR to perform or furnish any of the work or
anyone for whose acts any of them may be liable, the
indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages,
3-8
. .
compensation, or benefits payable by or for the CONTRACTOR or
other person or organization under workers' or workmens'
compensation acts, disability benefit acts, or other employee
benefit acts.
ARTICLE 6 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
6.1 The CONTRACTOR warrants and guarantees to the OWNER
that all work will be in accordance with the contract
documents and will not be defective- for one (1) year.
Prompt notice of all defects shall be given to the
CONTRACTOR.
Access to Work:
6.2 The OWNER, representatives of the OWNER, testing
agencies, and governmental agencies with jurisdictional
interests will have access to the work at reasonable
times for their observation, inspecting, and testing.
The CONTRACTOR shall provide proper and safe conditions
for such access.
Tests and Inspections:
6.3 If laws or regulations of any public body having
jurisdiction require any work (or part thereof) to
specifically be inspected, tested, or approved, the
CONTRACTOR shall assume full responsibility therefore,
pay all costs in connection therewith and furnish the
OWNER the required certificates of inspection, testing,
or approval. The CONTRACTOR shall also be responsible
for and shall pay all costs in connection with any
inspection or testing required in connection with the
OWNER's acceptance of a supplier of materials or
equipment proposed to be incorporated in the work, or
of materials or equipment submitted for approval prior
to the CONTRACTOR's purchase thereof for incorporation
in the work.
6.4 Neither observations by the OWNER nor inspections,
tests, or approvals by others shall relieve the
CONTRACTOR from the CONTRACTOR's obligations to perform
the work in accordance with the contract documents.
Owner May Stop the Work:
6.5 If the work is defective, or the CONTRACTOR fails to
supply sufficient skilled workers or suitable materials
or, equipment, or fails to furnish or perform the work
3-9
in such a way that the completed work will conform to
the contract documents, the OWNER may order the
.
CONTRACTOR to stop the work, or any portion thereof,
until the cause for such order has been. eliminated;
however, this right of the OWNER to stop the work shall
not give rise to any duty on the part of the OWNER to
exercise this . right for the benefit of the CONTRACTOR
or any other party. If the OWNER stops the work for
the reasons listed in this paragraph, the CONTRACTOR
will not be entitled to any extension in the - time
limits as stated elsewhere in this document.
Correction or Removal of Defective Work:
6.6 If required by the OWNER, the CONTRACTOR shall
promptly, as directed, either correct all defective
work, whether or not fabricated, installed, or
completed, or, if the work has been rejected by the
OWNER, remove it from the site and replace it with
nondefective work. The CONTRACTOR shall bear all
direct, indirect, and consequential costs of such
correction or removal (j,ncluding but not limited to
fees and charges of engineers, architects, attorneys,
and other professionals) made necessary thereby.
One Year Correction Period:
6.7 If within one year after the date of completion or such
longer period of time as may be prescribed by laws or
regulations, any work is found to be defective, the
CONTRACTOR shall promptly, without cost to the OWNER
and in accordance ~ith the OWNER's written
instructions, either correct such defective work, or,
if it has been rejected by the OWNER, remove it from
the site and replace it with nondefective work. If the
CONTRACTOR does not promptly comply with the terms of
such instructions, or in an emergency where delay would
cause serious risk of loss or damage, the OWNER may
have the defective work ~orrected or the rejected work
removed and replaced, and all direct, indirect, and
consequential costs of such removal and replacement
(including but not limited to fees and charges 0
engineers, architects, attorneys, and other
professionals) will be paid by the CONTRACTOR.
3-10
..- -.". .... -.-." ...._._~..._._-----_._~.---,._,----_.- - --~ - --;---.----- -,.'-- .~._----~c.~7-.---C";'""'.-'-.:-T --.~..-.---.~. ,,-.,-,--,--,.-.- ......., '-',--
. ,
ARTICLE 7 - PAYMENTS TO CONTRACTOR AND COMPLETION
Application for Proqress Payment:
7.1 Once a month (or less often if no work has been
completed in the previous month), the CONTRACTOR shall
submit to the OWNER an application for payment for all
labor, materials, equipment, and parts used in the
previous month. Supporting documents must accompany
the application for payment. -
CONTRACTOR's Warranty of Title:
7.2 The CONTRACTOR warrants and guarantees that title to
all work, materials, and equipment covered by any
application for payment, will pass to the OWNER no
later than the time of payment free and clear of all
liens.
Review of Applications for Payment:
,
7.3 The OWNER will, wi thin ten days after receipt of each
application for payment, either process payment or
return the application to the CONTRACTOR indicating in
wri ting the OWNER's reasons for refusing to recommend
payment. In the latter case, the CONTRACTOR may make
the necessary corrections and resubmit the
application. Thirty days after presentation of the
application for payment with the OWNER's
recommendation, the amount recommended will become due
and will be paid to the CONTRACTOR.
7.4 The OWNER may refuse to pay the whole or any part of
any payment if, in the OWNER's opinion, it would be
incorrect to make such payments. The OWNER may also
refuse to pay any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such
payment previously paid to such extent as may be
necessary in the OWNER's opinion to protect the OWNER
from loss because:
7.4.1
the work is defective or completed work has
been damaged requiring correction or
replacement,
7.4.2
the contract price has been reduced by
written amendment of change order,
the OWNER has been required to correct
defective work or complete work.
The OWNER may refuse to make payment of the full amount
be9ause claims have been made against the OWNER on
7.4.3
3-11
~<
.-:'--:;-:-:.':7'-.-:~--,"_-' :..--:-::~ -:-. _~': --
__.._._____.u~_.______
'. ." .- --
account. of the CONTRACTOR's performance or furnishing
of the work or liens have been filed in connection with
the work or there are other items entitling the OWNER
to a set-off against the amount requested, including
liability for liquidated damages payable by the
CONTRACTOR, but the OWNER must give the CONTRACTOR
immediate written notice stating the reasons for such
action.
CONTRACTOR's Obliqation:
7.5 The CONTRACTOR's obligation to perform and complete the
work in accordance with the contract. documents shall be
absolute. Neither recommendation of any payment by the
OWNER nor any payment by the BOCC to the CONTRACTOR
under the contract documents, nor any use of the work
by the OWNER, nor any act of acceptance by the OWNER
nor any failure to do so, nor any correction of
defective work by the OWNER will constitute an
acceptance of work not in accordance with the contract
documents or a release of the CONTRACTOR's obligation
to perform the work in accordance with the contract
documents.
,
3-12
'-u.:;"-
----- --.----.--.~_. -- --- -~--- .,...--- -- -~--=-=- ------~- ~-~ - - - - -~:-- --
^pn122. 199.1
15tlnnring
, .
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITIING PROPOSALS
FOR WORK
:
To assist in the development ofyollr proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your -
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC)
WC2
WC3
WCUSLH
WCJA
x
;(
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100.000/$500.000/$100.000
$500.000/$500,000/$500.000
$1,000,000/$1,000,000/$1.000.000
Same as Employers'
Liability
Same as Employers'
Liability
'.
Adrnini!lllatiyt Jl'lStntclinn
'4709.0 I
INSCKLST J.
6
-_-:-.;-.:- '.:~~.:-:-:, .-;r.--,:: '.';
, ,
April 22, 1993
1~1',infillg
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
. Premises Operations
. Blanket Contractual
· Expanded Definition
of Property Damage
Required Limits:
GLl
x
GL2
GLJ
Required Endorsement:
GLXCU
GLLlQ
Products and Completed Operations
Personal Injury , .
.
.
$100,000 per Person; $300,000 perOccllrrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or .
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per OccUlTence
$\00,000 Property Damage
or
$1,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liabilily
All endorsements are required to have the same limits as the basic policy,
~
Adminillrath'C JnslrUdina
'4709.01
,
INSCKLST ~
7
......,,:
.. ~_,~_.-" _'.'__~_~"'_~" __'__~--'-__~"",,,,,,_~__-;-~:"'____:'UL _ _ __~__....,
April 22. 199.1
J~I'rillling
VEH1CLE L1ABllJT'(
As a min~um, coverage should extend 10 liability for:
. Owned; Nonowned; and Hired Vehicles
Required Limils:
VLI
VL2
VLJ
BRI
MVC
PROI
PR02
PR03
POll
POL2
POLJ
EDl
ED2
GKl
GK2
GK3
MEDI
MED2
MED3
'.
^dnlinim.lh'C Jmtruclion
64709.01
x
S50,OOO per Person: SIOO,OOO per Occurrence
S25,OOO Property Damage
or
SIOO,OOO Combined Single Limit
SIOO,OOO per Person; S300,000 per Occurrence
S50,OOO Property Damage
or
S300,OOO Combined Single Limit
S500,OOO per Person; SI,OOO,OOO.per Occurrence
$/00,000 Property Damage
or
$1,000,000 Combined Single Limit
M1SCELLANEOUS COVERAGES
Builders'
Risk
Motor Truck
Cargo
Professional
Liability
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
Medical
Professional
INSCKLST ':3
Limits equal to the
completed project.
Limits equal to the maxirnum
value of anyone shipment.
$ 250,000 per Occurrence/S 500,000 Agg.
$ 500,000 per Occurrence/$I,OOO,OOO Agg.
$/ ,000,000 per Occurrence/S2,OOO,OOO Agg.
$ 500,000 per Occurrence/$ I ,000,000 Agg.
$ J ,000,000 per Occurrence/S2, 000, 000 Agg.
$5,000,000 per Occurrence/SJ 0,000,000 Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veil)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
S 500,000/$ 1,000,000 Agg.
$1,000,000/$ 3,000,000 Agg.
$5,OOO,OOO/SIO,OOO,OOO Agg.
8
. . .. : -;_,., '.~._':,_".,o.."
- __. - .. O' _. _ ~
" . ..',.
, ,
IF Inslallatiim' .'
-_. . ' Floater
.' --
-
VLPI Hwrdou's,
VLPZ , Cargo.
VLP3 Transporter
BLL ! Bailee Liab;
HKLI Hangarkeepers
HKLZ Liability
HKL3
AIRI Aircraft
AIR2 Liability
AIRJ
AEOl Architects Errors
ABOZ & Omissions
AB03
ApriJ22.I9'J)
J~1 J'ri1l1inC
Maxiriium value of Equipment
. Installed
... . ..:::.,....;..:.
's 300,000 (Requires MCS-90)
. $. 500,000 (Requires MCS~90)
$1,000,000 (Requires M~S-90),
Maximum Value of Property
$ 300,000
$ 500,000
$. 1,000,000
,
$25,000,000
$ 1,000,000
$ 1,000,000
~
S 250,000 per Occurrence/S 500,0.00 Agg.
$ 50.0.,0.00. per Occurrence/5I,OOO.DOO Agg.
S 1,0.0.0,0.00 per Occurrence/53,ODO,DOO Agg.
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder'named below. TIH~ foHowing dcductibles
apply to the corresponding policy.
POLICY
Liability policies are _ Occurrence _ Claims Made
Insurance Agency
DEDUCTIBLES
BIDDERS STATEMENT
Signature
r understand the insurance that will be mandatory ifawarded the contract and will comply in full
with all the requirements.,
~~
. Sign?ture . . . . .
,... ..: -:-... . " - : : ~ ~ ,.
A/-IIERIC~u ft.J€"''r 14 Sf/I.
. .'. Bidder
00
^rril 22. I ?9.l
11'1 J'rintillg
GENERAL LIADILITY
INSURANCE REQUIREl\fENTS
. FOR
CONTRACT
DETWEEN
MONROE COUNTY, FLORIDA
AND
-:
Prior 10 the commencement of work governed by this contract, the Contrnctor shall ohtllin
GClleral Liability Insurance. Coverage shall be maintaincd throughout ihe life of the contrllctllnd
include, as a minimum:
. Premises Operations
. Products and Completed Operalions
. Blanket Contractullf Liabilily
. Personal Injury Liability
. Expanded Definition of Propeny Damage
The minimum limits acceptable shaH be:
S300,OOO Combined Singre Limit (CSL)
IfspJit limits are provided, the minimum limits acceptllbre shall be:
SIOO,OOO per Person
S300,OOO per Occurrence
$ 50,000 Properly Damage
An Occurrence Form policy is preferred. If coverage is provided on II Claims Made policy, its
provisions should include coveragc fer claims filcd on or aller thc ellective dllle of this confract.
In addition, the period for which claims may be reponed sllould extend for a minimum of twelve
(I2) months following tIle acceptllnce efwork by (he County.
The Monree County Board ofCoul1ly Commissioners shall be named as Additiona/lnsured en all
policies issued 10 satistY tIle above requirements.
^dn1inj~1;\IC Jns1Ndinn
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FORM 1/ 7207 REORDERED 1\94
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AMERICAN ENERGY & SHEET METAL CORP.
REFERENCES
SUNBURST CONSTRUCTION
JEFF T FINNEY
414 BOWIE LANE
KEY LARGO, FL 33037
305 281-5281
GREGIS CONSTRUCTION CORP.
P.O. BOX 1140
TAVERNIER, FL 33070
RONALD L. GREGIS, II
305 852-7801
BAUMEISTER OF FLORIDA
2258 BAY VILLAGE COURT
PALM BEACH GARDENS, FL 33410
JAMES GETZINGER
407 626-2928
AMCON INDUSTRIES CORP.
101 NE 3 ROAD
HOMESTEAD, FL 33030
ROBERT O. CRUMP
NESTOR J. HERNANDEZ
305 242-9202
PLEASE 'CALL FOR ADDITIONAL REFERENCES.
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BAIDffiISTER
. ofl'loctda, Inc.
BUILDERS I DESIGNERS
February 23; 1994
"
i
To whom it may concern:
!
,
. i
Tom, of American Energy, ask me to write a letter of reference
for him to prove his credibility.
We clustered our rebuild jobs in blocks of ten, shopped for
lowest bidders, and then received additional concessions for
'getting.all jobs as a package. Tom negotiat~d his company to the
next to the lowest package price. The di"fference was. not very
great. His builder and supplier references checked out very
strong; Because stability and long term was also important, we
selected American Energy for HVAC.
It has proven to be an excellent decision. His manpower has been
consistently' high caliber and versatile. They are very
professional and I am sufficiently confident to recommend
American Energy without any reservations.
Very truly yours,
,
I
!
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//James Getzinger
j President, Baumeister
. .
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of Florida, Inc.
"
20200 OLD CUTLER ROAD. MIAMI, FLORIDA 33189. 305.234-7618. FAX 234-7619
I..,....
, .
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~GREGIS CONSTRUCT. ION CORPORATION
C DESIGNERS AND CONTRACTORS
P.O. BOX 1140
C TAVERNIER. FLORIDA 33070.
305-652.7601 305.652.7632 FAX
Febnwy22.1994
To Whom It May Ccl:lcm>,
)........;,.,." Eaeogy &; Sheet Metal has been empl~ by cmgis Coastroclian Ccxp. fur sew:raI. jobs.
'Ihdr wrd: to dale has bten c:ompleled within """'P""Y set time frames and wnmnRn.h;p has been
~1'-t They have also bten employed OIl service related ca1ls in which their I'OlIpOIlIe WU timely and
IIIaIIa8=l ve:y beIpf'uI.
If you need any further in,IMnRtiOIl, please COIlI8ct me at (30S) 8S2-7801.
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SWORN STATEMENT t~~F.R ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS'CLAUSE
'.
\6}-.1\ V'iERa01? {4t>1J'7lh':I'1z.Ii,~.1'arran~s ~h~t h~/i t has not employed,
retained or otherwise had act on heli ts behalf any former County officer"
or employee subject to the prohibition 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, terminat~, 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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STATE OF
-15fi- 'J)E
COUNTY OF
PERSONALLY APPEARED BEFORE I~E, the undersigned authority,
-'(6 WI
U Ie:~ Gi Ule-
who, after'first being sworn by me,
affixed hisfher signature (name of indiyidual signing) in the space
provided above on this ~
SC: ---p'\ , 19 cr r:-
R~y~
NOTARY PUBLIC
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My commission
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iJA', ,0 C1ARAMELLO
NOTARY pl.lBlJC.~ol,:
f1orlCia. My .0'-''''''''....-
Expue., 0c:I0ber 8. ,1895.
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Based on inform. lion .nd belier, the si.tement which I hne morked below is true in rel.tlon to the entity
submitting this sl\'ornsl.tement.. LIndicate,,'hich slalementapplies.] . .
. )4-~:ii~:;~.the~nlity:ub~iW~ithis ~o~~ :iit~!'lent,. n~~a~~:f i[somcers, di'rectors: cxecuti,-es, p~rtners,
saareholders, emplo)'ees, members, or agenls who are acln-e In the managemen.t of the en II ty, nor an)' amliofe oC
the entrty aasbeen cli:irged with-and cori;icted ofa public entitY' crime subsequent to Jul)' 1,1989.' .. .
.. . ..... .. .:_--':.,.;:.....;":;.: '- -..
.-
_ n'-entity ;ubmitting th'is sworn st.tement, nor any of its'omcers, direetorr, eleetutins, partners,
sh'arehorders, empro)'ees, members, or Igenls ,,'ho are act;,'e in the m.nagement oCthe entity, Dor In amJi2fe oC
the entity has been charged with and comicted of a public entity crime subsequent to July I, 1989.
- .
_ The entity submitting this sworn st.tement, or one or more of its omcerr, directors, eleeuth'es, p.rtners,
sh.reholders, emploreei, members, or .gents who ore .cth'e in the m.n.ge.ment of tn.e entity,.or .n .mli.te oC
the eDtity has been chorged"ith .nd con,icted of. public entit)'crimesubsequent to Jul)' 1,1989. Ho"-e,,er, there.
has been. subsequeDt proceeding before. He.ring Omcer oftbe Sl.te of Florid., Dhision of A"dminislrat;,-e
. He.rings .nd lhe FiD'! Order entered by the He.ring Officer determined tbat it w.s not in the public inferes! to
pl.ce tbe entity submitting this sworn statement on tbe con"icted "endor list. [a((.ca . copy of tbe final order]
I Ul','DERST AND THA TTHESUBMISSION OF THIS FORM TO THE C01'<TRACTING OFFICER FO R THE PUBLIC
ENTITY IDENTIFIED ONPAR-I.GRAPH 1 (ONE)ABOVEIS FORTHAT PUBLIC ENTITY Ol'i"LY AND, THA TTHIS
FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
Ul'>'DERSTA1>'D THAT I AM REQU1RED TO INFORM THE PUBLIC EhTlTY PRIOR TO ENTERING INTO A
CONTRACTINEXCESS OF THE THRESHOLD AMOUNTPROV1DED IN SECTION 287,017, FLORIDA STA TlITE~
FOR CA TEGOR\' TWO OF ..1..'\1' CHANGE IN THE INF0 RMA nON C NT AINED IN THIS FORM.
Sworn to and subscribed before me this 2- G d.y of
OR Produced identification
C;c~1 .' .19~
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Not.ry Public - State of P-
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,
Personally known ~
~
My Commission elpires
(Trpe of identific.tion)
(Printedl)ped ~~pedDA"U C1ARAMElLO
commissionerll'''' "~not~~\\qlildBuC. S~cI
'0 ". Fl rid My 0-
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- 1". <i: ExPires: Qdobet 8.
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SWORN ST A TEME:-<-r PURSUANT TO SECTION 287.133(3)(.),
. FLORIDA ST 4 TIrn:<;. Oi'l PUBLIC ENTITY CRIMES
THIS 'FORM MUST BE SIG1>'ED AND SWOR.." TO INTHE PRESENCE OF A NOTARY PUBLIC OR OTHER
, OFFICIAL AUTHORIZED TO ADMINISTER OATHS. '
I. This sworn st.tement issubmitred fo MOJ-l Rof" COC:JJd"}. ,
[priat a. e oCtbe public eatil)")
.-
by ~M VIERal)"? ?a.cs..
[print indhidufl's rlZl'Defnd title]
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ior
AJIIE'R'C"'u t::A..lEf1C, V
[print n'me oCcatil)',ubmitti'l:g ,,,.ornsl,fcmenl)
'~
wnose business address is
I(JI AlC" 3RO Ro
!-fo;0ESTE-'i':;> n4
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aed (iCapylicable) its Federal Emplo)'H Ideatificarion Number (FEIJ\') is )'j - :S1'1 fll I:')
(lithe enlity has no FEIN, include the Social Security Number oifbe indh;dual sigeieg this sworn
staCemenl:
,)
2. r ueder~t.ed tb.t a "public enlity crime" as defined in Paragraph 287.133(1)(g), F10rida Statutc~. me.n, a
\;olation oC any stafe or Cederal law hy a per~on ,,:ilh respect to and directly relafed to tbe trae,"ction oCbu,iness
witb any public enfityor wilh an agenc)' or political ~ubdh'ision oi.ny other state or oflbe Ueited Sfales, including,
but eo( limited (0, an)' bid or conlr..t Cor goods or ~en;ces Co be pro,ided to any public entity or an agency or
political ~ubdi,'i,ion ,of .ny olher ,fale or of the Unifed Sfates and in,'ohing ~etitrust, Craud, (beft, bribery,
collusion, racketeering, conspiracYI or maferial misrepresentation.
3. r under,fand th.t"con,ided" or "con"iclion" as defined in Par.graph 287.133(IXb), Florid. Stalufes, means a
finding of guilt or a con,'krion ofa public en(it), crime, "ith or "ithoutsn .djudic.rion of guilt, in ony federal or
state trial court of record relating to charges brought by indictment or informalion after July 1,1989, as a result
oi a jury "erdict, nonjury tria', or eetry oi a plea of guilty or nolo confeedere. -
4. r uedersCand that ae "amliate" .. delined in Paragraph 287.133(IXa), F10rida Statutes, meaes:
1. A predecessor or successor oi a person con,icCed ofa public entity crime; or
2. An enlity ueder tbe control oi sny nstural person who is scti"e in (be m.nagement of the eetity sed who hss
been con,;cted oia public eelit)'crime. The term ".mliate" includes chose omcers, directors. executi"es, parteers,
shsreholders, emplo)'..s, members, and agents who are scth'e in tbe maeagement oian amliate. The oll'Dership
by oee person oishares consCituting a coetrolling interest in anotber person, or pooling oiequipment or income
.mong persons wben cot ior iair market \'a/ue uoJer sn orm's lengtb .greement. sball be a prima i.cie case lhst
one person controls .notber person. A person wh.q knoll;ng!y enters into a joint "enture mth a person who bas
beencon\;cted ofa,public eetity crime in Florida during tbe precedieg 36 months sball be considered an amliate.
.. "'.
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S. r undersland tbat a "person" as defieed in Pan graph 287.133(IXe), Flori'da Stafules,'mesns .ny nalunl Person
or .entity org':niz~d uede, the laws ofany state, 0, oftbe United Slates "ith tbe legal power 10 enter ilito a binding
contract and lI..hich bidS or.pplies 10 bid on contracts ior the pro\;sion oigoods or $On;ces let by a public entity,
or.wbicb othefi,'ise tiaesacti or applies 10 transacl businessmtb a public entity. The termtl"'rson" inchidei tbose
officers;' directors', elecuth'es; partners; sbareholders, em'plo)'~, members, and agents wbo areacth'e in
maDagenientofan:entjty.':',::,~: ',:;:',::" .)(,':,'; ;-" _'..,:.:.. ,. ': . ,,'
.., ~:>.,>~' " '.~::. ~:-:. .: )i;.'~~~:~' .;~.' ~;X;:: ';~-,'. ::.....:~~~~ff.~rf~~~~.;;~ :~::~.'."l ~~~'..f:}~,~~:~~'.~ ~~~; : "':;.: .'
:'::";;:':;',';2:"";:~;"J}-t:,,-,:;~;::~.:~,j;~(~~~~J~;~g~~i;~i$tZ~tl.l~~ji:;!{'I:i~;.)t~~;~;,:},i~k~:}~-;i;:;::~:~.[~::f~~~r3,~~iJ~i;:::::~,;;.,~~::;/'.,:~i',";;~;.~~'
NON~COLLUSION AFFIDAVIT
I~I~ VER4U~
,
t4oJ.in/JF
"faotJ7Y
, of the ef-ty . 1
of
according to law. on.my oath, and'
under penalty of perjury, depose and say that; .
. .1) I am--':'~ V,E'!l4()1~ (l1,1./feIlIC/4<.J EJJ~M;j, the bidder
making the Proposal for the proj ect described as follows:
:~ ~
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
~loted in this bid have not been knowingly disclosed by the bidder
and will not knowingly be disc18sed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any
competi tor; and
4) no attempt has been made or will be made by the bidder to
induce any other person, partnership or corporation to submit, or not
to submit, a bid fo~ 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
contmt. for "ld proJoct. ~ .
(Signature of Bidder)
/;~[;frY
STATE OE"
rc:
;PJ<fD6
COUNTY OE"
PERSONALLY APPEARED BEFORE
TO Y'r\ v\ e-,e ()., tl0
(name of individual signing)
ME, the undersigned authority,
who, after first ~eing sworn by me,
affixed his/her signature in
'Za
the
space provide~ ,bove on this
,~. ,',
i!i!:f;?~.~:~
day of
"q~'f.J(
...
, ,
I\pril 22. If1').l
l.o;ll'duling
.MONROE COliNTY, FLORIDA.
INSliRANCE GUIDE
TO
CONTRACT ADMINISTRATIO~
Indemnification and HoldllnrmJess
for
Suppliers of Goods llnd Services
The Vendor covenants and agrees to indemnify and hold hamlless Monroe County Board of
County Commissioners from any ~nd all claims ti,r bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including altorney's fees) which arise out of, in connection with, or by
reason of services provided by the Vendor or any of its Subcontractor(s) in any tier. occasioned
by the negligence, en'ors, or other wrongful act or omission of The Vendor or its Subcontractors
in any tier, tlleir employees, or agents, .
In the event the completion of the project (to include the work of others) is delayed or suspended
11S a result of the Vendor's failure to purchase or maintain the required insurance, the Vendor shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent ofJiabiJity is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
INDl
^dftlinistratiyc JnlIlNctn.
'47<19.1
16
, .
^l"il22. l'nl
llCl"rintinc
The Monroe County Board of County Commissioners, its employees and officials will be included.
as . Additional Insured" on all policies, except for Workers' Compensnlion.
Any deviations from these General lnsurance Requirements must be requested in. writing on the
County prepared fonn entitled "Rcquest for Wniver of Insurance Requirements. and approved
by Monroe County Risk Management.
Adminil'll7atiYC' JMrur..'1ina
.~701l.1
,
GIR2
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1.JlIl'rilllinl;
MONROE COUN1Y, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
General Insurance Requirements
for
Suppliers of Goods or Sen'iccs
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging ofpersonncl and material), the Vendor shall obtain, at hi5lher own expense, insurance
as specified in any attached schedules, which are made part of this contract. The Vendor will
ensure that the insurance obtained will extend protection to all Subcontractors engaged by the
Vendor. As an alternative, the Vendor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Vendor wiJI not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insllrance has been
furnished to the County as specified below. Delays in the commencement of work. resulting from
the failure of the Vendor to provide satisfactory evidence of the required iri$urance, shall not
extend deadlines specified in this contract and any penalties and failure to r1erform assessments
shall be imposed as if the work commenced on the specified dale and time, except for the
Vendor's failure to provide satisfactory evidence.
The Vendor shall maintain the required insurance throughout the entire tenn of this contract and
any extensions specified L~ the attached schedules. Failllre to comply with this provision may
result in the immediate suspension of all work until the required insurance 11llS been reinstated or
replaced. Delays in the completion ofll'ork resulting from the failure of the Vendor to maintain
the required insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been suspended, except for
the Vendor's failure to maintain the required insurance.
The Vendor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate ofJnsurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
AU insurance policies must specilY that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of . the Vendor's insurance shall not be conslrued as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
. .
GIRl
AdzniDillm;"C JnslN(!Jnn
'4709.1
,
17
^1~iI22. )993
. 1st I'rinting
. .
"
WORKERS' COMPENSATION.
INSURANCE REQUIREM E:'iTS
FOR
CONTRACT
DETIVEEN
MONROE COUNTY, FLORIDA
AND
:
Prior to tne commencement of work governed by tllis contract, the Contractor snllll obtllin
Workers' Compensation Insurance witn limits suJlicicnt to respond to floridll Statute 440.
In addition, the Contractor snail obtain Employers' Lillbility Insurance with limits of not less than:
$100,000 Bodily IrJury by Ac.cider;t
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be mllintaL,ed throughout the entire term of the contract.
Coverage s11all be pro,ided by II con:pany or companies authorized to transact business in tI,e
state ofFJorida and the company or companies must mllintaina minimum rating of A- VI, as
assigned by tne A.M. Best Company.
If the Contrador has bee:1 approved by the r:foridll's Department of Lllbor, as a:1 iluthorized self-
insurer, the County shall recognize Ilod honor the Contractor's status. Thc Contractor mllY be
required to submit a Letter of Authorization issued by the Department of Lebor and a Certificate
of Insurance, pro,iding details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurllnce fund, a Certificate of Insurilnce will be rcquired.
In addition, the Contracter may be required to submit updated financial statements from the fund
upon request ITom the County.
..
Adrnjftjstrath-e 1rwI.tc1inn
'~70'.1
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Aml 22. 199.1
'1~1 J'rill!inI;
VEHICLE LlAl3ILITY
INSURANCE REQUIREMENTS
FOR
-,
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires tIle use ofvehides. tile Contr~ctor.
prior to the commencement of work, sll~1I obt~iTl Vehicle Liability Insurance. Coverage shall be
maintained throughout the life oftfle contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Ilired Vehides
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
Ifsplit limits are provided, the minimum limits acceptable sllall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Properiy Damage
The Monroe County Doard of Count)' Commissioners s11all be named as Additional Insured on all
policies issued to satisry the above requirements.
Adrnf:;idrati,'C In.<n.k'liNl
!'.c'O'.1
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FRDi'l : t.-.::t; :~5
PHONE NO.
3052480013
Nov. it:. i'::l'=:i4 l.l. .laMI.1 r,-",-,
." .'~'r'~''''':',''w''':''''''..''''''''''
~oNROE
OCCUPATIONAl. L1C~NSE
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(0),
FLORTDA STATUTES. 0:-< PUBLIC ENTITY CRIMES
TIns FOR-'ll MVST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
' OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1.
This sworn stotement is submitted to
MONROF. COUNTY PUBLIC WORKS
[print name of tbe public entit,-)
by
TOM VIERGUTZ
[print indhidu2I's n!me End title]
for
AMERICAN ENERGY & SHEETMETAI. CORP.
[print n!me ofcclit)' submitting S'lrorn statement)
'~
whose business address is
101 N.E. 3RD ROAD
HOMESTEAD. PI. 33030
and (if applicable) iCs Federal EmpIo)'er Identification Num ber (FEU,') is
(If the entity has no FEIN, indude the Social Security Number of tbe indh;dual signing this sworn
s(alemen(:
.)
2. r under"tand tbat a "public entity crime" as defined in Paragraph 287.133(I)(g), Florida Statutes. mean, a
,;olalion of any ,tate or federal law 0)' a person with respect to and directly related 10 tbe transaclion of business
witb an)' pubiic en tit), or wilh an agenc)' or polilical ,ubdidsion of any other ,iate or oftbe Uniled States, induding,
but not IimiCed to, an)' bid or contract for good, or sen;ces lo be prodded to any public entity or an agency or
political subdh'ision .of any olher slale or of the UniCed States and in\'oh;ng antitrust, fraud, lheft, briber)',
collusion, f2cketeering, con~pjracYI or material misrepresentation.
3. r understand lhat"con,icted" or "con\'iction" as defined in Paragraph 187.133(IXb), Florida Slalutes, mean, a
finding of guilt or a con,'iction ofa public en lit). crime, \lilh or \I;thout an adjudication of guilt, in any federal or
,tate trial court ofre<:ord rdating to charges brought by indictment or information after July 1,1989, a, a result
of a jury \'erdict, nonjury tria', or entry of a plea of guilty or nolo contendere.
4. r uoderstand that an "affiliate" as defined in Paragrapb 287.133(IXa), Florida Sfatutes, mean,:
1. A predecessor or successor of a person com;cted of a public entily crime; or
1. An entity under tbe control of any natural person wbo is acti\'e in tbe management of the entity and who has
Deen comicted ofa public entil)'crime. The term "affilia(e" indudes tho,e officers, directors, executi\'es, partners,
shareholders, emplo)'"" members, and agents who are acti\'e in the management ofan affiliate. The owner,hip
hy one person ofsbares constituting a controlling interesl in another persoD, or pooling of equipment or income
among persons when not for fair market \'afue unJer an BrIO'S length agrei!ment, shaU be a prima facie ca,e tbat
one per,on controls another person. A person wnq knolling'y enlers iDto a joint "enture with a person who has
Deen con,icted of a,public entity crime in Florida during tbe preceding 36 months sball be considered an affiliate.
S. r understand that a "person" as delined in Paragraph 187.133(IXe), Florida Statute!. 'means any natural person
or ~tjty organized unde, tbe laws orany state, or oftbe United States "ith the legal power (0 enter hilo a binding
contract and which bids or applies to bid on contracts for the pro,ision of goods or senicis leI by a puhlic entity,
orwhicb othe,,;,'ise transacts or applies (0 transact business With a public entity. The term"person" includes those
officers;' directors, .'xecuti,'es, putners, sbarehiders, emplo)'ee5, members, and agents who are acth'e in
management of an'entity. '." " .. ','.:: " " ,; , " ' , .
. . ~ . :. . .'. .,. . "..... ~;, l,,;;.' .::.:'. _ ~:'. '. , '. - - .' .
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,
.6. Based on information and belief, the slalement which I hne morked below is lrue In relation 10 the enlity
sublJ1itling .this sworn sla.temcnt. [Indicate w.hkb statement applies.] .
", '....-... '-, :'" . -.. . /'.. .-
~N'eithe~ theeneifysubmilting this sworn stat~!"ent, nor iny of its officers, directors, executj,'e!, partnen,
sbareholders, employees, members, or agents wbo are acei\'e in the managemen.t oftheeneity, nor any affiliale of
tbe entity bas been cbarged witb- and con,;ded of a public entity crime subsequent 10 .July I, 1989.
_ The entity submitting thIs sworn slatement, nor any of its 'officers, directors, exectuth'e!, partnen,
shareholders, empro)'ees, members, or agents who are acth'e in the management oftbe entity, Dor an affiliate of
the entify has been charg~d with and com;cled of 9 public entity crime subsequent to .Jury 1,1989.
_ The eneity submil!ing this sworn slalement, or one or more of its officers, direclors, executh-es, parlners,
shareholders, emp!o)'ees, members, or agents wbo are acti\'e in tbe manage,enent of lb.e entity,.or an affiliate of
tbe en eify has been cbargedw;tb and con,;cted ofa public enlil)'crime subsequent to July 1,1989. Howe\'er,tbere .
has been a subsequent proceeding before a Hearing Officer of tbe Slale of Florida, Dh;sion of A'dministrati\'e
Hearings and tbe Final Order entered by tbe Hearing Officer delerenined tbat it was not in tbe public inleres! 10
place tbe enlity submitting tbis sworn slalement on tbe com'!cted ,'endor list. [attach a copy of tbe final order]
1 UN'DERST AND THA TTHE SUBMISSION OF THIS FORM TO THE C01'<TRACTIN'G OFFICER FOR THE PUBLIC
ENTITY IDENTIFIED ON PARJ.GRAPH 1 (OJo."E) ABOVE IS FOR THATPUBLICENTITYONLY AND, THAT THIS
FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN' WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC El'<TITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNTPROV1DED IN SECTION 287.017, FLORIDA ST A TlITES
FOR CATEGORY 1'\\'0 OF ANY CHANGE IN THE INFORMATION CO, D IN'THIS FORM.
\~
...
[signature]
Sworn to and subscribed before me tbis
2~
day of
5"P'P r .19 'f'f" .
,%2~~-1
"
.
Personally known
v
OR Produced identification
Notary Public - Slate of
h-
(T)'pe of Identification)
My Coenmission expires
(Printed
commissi
For~ PUR 7068(Rev~ 06111/92)
. ~ .. .
-,
,.
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"
Ii
I
SWOPN STATEMENT UNDER c'lRJJTNI\NCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS' CLAUSE
'.
AMERTCAN ENERGY & SHEETMETAL
warrants that he/it has not employed,
retained or otherwi se had act on he/its behal;t" any former County officer'
or employee subject to the prohibition 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,
oooOn'idmtiO~ p~: ~s;;::.o Co=ty offim or,
(signature) ;
,
.{l.
Date:
f',
employee.
,
STATE OF
Fe
J) f1-(p e
COUNTY OF
PERSONALLY APPEARED BEFORE 11E, the undersigned authori ty,
10 fVI V \ e1[ 6LuT"""2--
who, after first being sworn by me,
affixed hisjher signature (.name of individual signing) in the space
provided above on thi s 20
S'EPI ., 19~.
day of .
;6J~~<~.~~
,
.,'
NOTARY PUBLIC
DAVID C1ARAMELLO
N~o\!lr.~..SDlIi.til..
. Floridcl." My o' ..... .:-" -
~ Oolobo< 8. 1985.
"':""~:~~I~ ~ 15035"1
....,.
."
My commission expires:
~"";;'-. .""~
". -. '. ".. ~
. .'. .' ","'~..'.""
NON-COLLUSION AFFIDAVIT
I-;- .-
"
TOM VIERGUTZ
, of the city
according to law. on my oath, and'
of
TAVERNIER, FL
'.i
under penalty of perjury, depose anti say that;
. .1) r am , IIMl<lHrllN I<NI<Rr.V II. ~J.lI<"'I'M"'I'IIT , the bidder
making the Proposal for the project described as follows:
MONROE COUNTY PUBLIC WORKS
UPPER KEYS FACLILTIES MAINTAINCE
..
~
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
~loted 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 by the bidder to
induce any other person, partnership or corporation to submit, or not
to submit, a bid fo~ the purpose of restricting competition;
STATE 01:
5) the statements c~ntained in this affid~vit 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
oontc,ot. Eoc "ld pcoJoot. ~
(Signature of Bidder)
9/z~ /'1 V
'D^TE
COUNTY 01:
F-L
'J)f1 D~
Tof'l
(name of
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
.
vi e26,VTL
individbal signing)
who,
after first peing sworn by me,
affixed his/her signature in
.26
the space provide~ ,bove on this
day of
Scfr
,199r. "
. ..' ,. "" , . ,~,,NOTAJly:.PllBuc.SlaIo<.cI . ',r:,- ",,,"':>::'.'~..
~)~i~~~~~r;:"~t~;;::~;'~:;::
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R~"ldlu" *J91.199~
^-w1l2l. I')\}'
IlIlIl~llllinl
MONROE COUNTY, FLORII>A
Request For Waiver
of
In5UrBlICe Requirements
Jlls rcquosled UI8tlhe IUsunlllCC requircmcnls. 8S speclncd Inlhc COUIII)". Schetlulc of Iusur~n"c
Rcquln:mcn... be wnJvcd or '"oWlied {lIIlhe (ollo"iulJ conlr~cL .
Conlrnclor:
AMERICAN ENERGY & SHEET~ET~~ INC.
COlluM:llbr:
PUBLIC FACJJ;,-:j;1_IE::;'_~AINTENANCE
Addl\188 of COIII",cl"r:
1Q1Jl...,J;;~AD
HOMESTEAD. FL 33.QJJL..
Phone:
1-305-248-5900
Scupe of Work:
CENTRAL AIR CONDITIO-';j;rn~l'1.AINTENAm::~..
AND REPAIR ~~PER KEYS FACILITIES
Reason for Wailcr:
UNABLE TO FIND_!NSURANCE COMPANY T~!-
WILL ADD ADDITIO!1AL_IN~l]J3.];:l>.. 'l;'929LICY." .."
_~R~~WO~~PROHIVITIVE._~_q!'. -'~. l~.
Slgnalure OrConlrn~10r~ __
APVlUvL'tl _.X_.. NUl Approved
~~ffi~rJ'~- ------
Risk Manallclucnl
Dalc
Counly Adm/ni.IISlor nppc:ll:
AJlJlfov~d:
NOI Appluvl!<.l; "'_ ,_
Dnle:
Bould or Coullty COlllmluiUlIcr$ appeal:
Apllrov'ccJ:
Nul Appruved:
MccUlla Dalo;
AOnin.......Uve 'nctruLotitln
"'09, I
WAIVI';l{
5