08/04/1987
CONTRACT
/7 THIS AGREEMENT, made and entered into this -Y.tltt day of
170':"0'57' ,19~-, A.D., by and between Monroe County, Florida,
party of the first part (hereinafter sanetimes called the "CMner"), and
f? fi-E ~~7""VCPt'J,) ~
, party of the secorx'i part
(hereinafter sanetimes called the "Contractor").
WI'INESSETH: That the parties hereto, for the consideration
hereinafter set forth, llUltually agree as follows:
1.01 SCOPE OF THE WORK
A. The Contractor shall furnish all labor, materials, equipnent,
machinery, tools, apparatus, and transportation arx'i perfonn all of the
following work as indicated on Drawing A arx'i in accordance with the
specifications of Section 1000.
/ Trenching of approximately 1400 feet including layout and
supervision as a part of the lighting iIrprovem:mts for the baseball
fields, Harry Harris Park, Monroe County, Florida.
1.02 THE CCNl'RACI' SUM
A. The CMner shall pay to the Contractor for the faithful
perfonnance of the Contract, in lawful IIDney of the United States, and
subject to addition arx'i deductions as provided in the Contract
Docunents, as follows:
B. Based upon the price shown in the Proposal heretofore
stil:mi tted to the CMner by the Contractor, a copy said Proposal being a
~rt of these ~tract Documen~ the aggregate anount of this Con"=cf~ct
l.S the sun of/-I"M./J ~JS"IJ?> ~fJ. ;/oJ)Y~~ dollars ($ 9'~. -).
1.03 CONI'RACIOR' S EXAMINATICliI OF EXISTING CONDITIONS
A. The Contractor hereby agrees that he has carefully examined
the surface of the site and has made sufficient test holes, or other
subsurface investigations to fully satisfy himself that such site is a
correct and suitable one for this work and he assumes full
responsibility therefore.
B. The Contractor shall be fully responsible for maintaining in
gocd condition all cultivated grass plots, trees and shrubs outside of
the County right-of-way. Where maintained shrubbery, grass strips or
arl3a wi thin the right-of-way must be raroved or destroyed incident to
the construction operation, the Contractor need not, after canpletion
of ~ work, replace or restore to the original condition all destroyed
or damaged shrubbery or grass areas. He llUlSt, however, leave the area
in a clean arx'i workmanship condition. Tree limbs which interfere with
equipnent operation and are approved for pruning shall be neatly
trimmed arx'i the tree cut coated with a tree paint.
1.04 UTILITY LOCATIOO
A. '!he Contractor shall be responsible for and make good all
damage to all buildings, telephone or other cables , water pipes,
sanitary pipes, or other sturctures, etc. which resulted fran the
Construction operation.
B. It shall be the Contractor's responsibility to detennine the
location, character and depth of any existing utilities. He shall
assist the utility carpanies, by every means possible to detennine said
locations. Extreme caution shall be exercised to eliminate any
pcssibility of any damage to utilities resulting fran his activities.
C. '!he Contractor shall canply with Florida Statute 553.851
regarding notification of existing gas and oil pipeline carpany owners
and shall also notify "UNCLE" at 1 (800) -432-4770 prior to work.
Evidence of such notice shall be furnished to the County prior to
digging. :rbtice shall also be given to the FKAA and the Florida Keys
Electric Co-Op, Southern Bell Telephone Carpany as well as American
Telephone and Telegraph.
1.05 CONTRAC'IOR' S RESPONSIBILITY
A. '!he Contractor shall be soley and wholly responsible for
delivering the canpleted work in a good and workmanlike condition and
for the good condition of the work and materials until final acceptance
and his formal release fran his obligations. He shall bear all losses
resulting in account of the weather, fire, the elements, or other
causes of every kind of nature.
B. '!he Contractor and/or Vendor shall indemnify, defend and hold
hannless the County of Ivbnroe and its agents and arployees fran all
suits and actions, including attorneys' fees and all costs of
litigation and judgernents of every name and description brought against
the County directly or indirectly connected with the perfonnance or
no:nperfonnance of the services or products provided, including the
perfonnance of or failure to perfonn any other activity related to such
services or products, regardless of whether such injury or damage is
caused in party by a party indE!IlIlified hereunder.
1.106 ca.JTRACTOR' S INSURANCE
1. '!he Contractor shall obtain the following insurance and subnit
proof of such insurance prior to the ccmnencement of work:
A. WORKERS' COMPENSATIOO:
Coverage to apply for all employees for Statutory Limits in
conpliance with the applicable state and federal laws. '!he policy IIUlst
include Employers' Liability with a limit of $100,000 each accident.
B. CDMPREHENSIVE GENERAL LIABILITY:
Shall have minimum limits of $300,000 Per Occurrence Canbined
Single Limit for Bodily Injury Liability and Property Damage
Liabili ty . This shall include premises and/or Operations, Independent
Contractors and Products and/or Canpleted Operations, and a Contractual
Liability Endorsement.
C. BUISNESS AUIO POLICY:
Shall have minimlIn limits of $300,000 Per Occurrence canbined
Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include, CMned Vehicles, Hired and Non CMned
Vehicles, and Ell'ployee Non-<Mnership.
D. CERTIFlCA'IE OF INSURANCE:
The County of Monroe is to be specifically included as an
additional insured.
In the event the insurance coverage expires prior to the
corrpletion of the project, a renewal certificate shall be issued thirty
days prior to said expiration date.
The policy shall provide a 30 day notification clause in the
event of cancellation or modification to the policy.
It shall be the responsibility of the contractor to insure
that all subcontractors comply with the same insurance requirements
spelled out above.
All certificates of insurance must be on file with and
approved by the County's Office of Risk Management before the
carrmencement of any work acti vi ties.
1.07 GUARANTEE
A. All materials shall be guaranteed to confo:rm with the
specifications. Materials defective or not in accordance with the
specifications shall be replaced in the system free of cost to the
Owner and for a pericx:1 of one year after final acceptance of the
canpleted system, shall be fully guaranteed.
B. In the event that a repetition of anyone material defect
occurs, indicating the probability of repeated failures which can be
tr.aced to faulty manufacture, manufacturer's design of material or
item, or contractor's rnethcx:1 of installation, the Contractor shall not
continue to replace with the same material, part or rnethcx:1, but shall
take steps to rerredy the fault through replacement of all such
defective material or revise canpletely the rnethcx:1 of installation.
C. Manufacturer's guarantees which extend beyond the guarantee
pe:ricx1 specified shall be transferred to the Owner before request for
final payment.
D. Certification must be provided stating that all materials and
equipnent used on the project are new.
1.08 PARI'IAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth the Owner
shall pay the Contractor as follows:
1. Within 30 days after receipt of the Contractor's request
for partial payment by the Owner, the Owner shall make partial payments
to the Contractor, on the basis of the estimate of work as approved by
the OWner I s Engineer, for work perfonned during the preceding calendar
Ironth, less ten percent (10%) of the arrount of such estimate which is
to be retained by the OWner until all work has been perfonned strictly
in accordance with this Agreement and until such work has been accepted
by the OWner.
2. Upon subnission by the Contractor of evident satisfactory
to the OWner that all payrolls, material bills and other costs incurred
by the Contractor in connection with the construction of the work have
been paid in full, and also, after all guarantees that may be required
in the specifications have been furnished and are found acceptable by
the OWner, final payment on account of this Agreement shall be made
wi thin sixty (60) days after cc:trpletion by the Contractor of all work
covered by this Agreement and acceptance of such work by the OWner.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on
the day and date first above written in three (3) counterparts, each of
which shall, without proof or accounting for the other counterparts, be
deemed an original Contract
MJNROE COUNTY. FLORIDA
party of the First Part
~
Signed, Sealed and Witnessed
presence of: **
rn:eM~F
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C & E Construction Co.
Party of the Second Part
Title
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
%..1- %o~-
Attorney's Office
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Attest. ./~
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(Seal)
BY
(*) In the event that the Contractor is a Corporation, there shall be
attached to each counterpart a certified copy of a resolution of the
Board of Directors of the Corporation, authorizing the officer who
signs the Contract to do so in its behalf.
(**) 'IWo witnesses are required when Contractor is sole CMIlership or
partnership.
LON WORTH CROW INSURANCE AGENCY
P. O. Box 141916
Coral Gables, Florida 33114-1916
INSURED
BOC BUILDERS, INC.
DBA C & E CONSTRUCTION CO.
P. O. Box 6
Tavernier, Florida 33070
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND.
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
'---___.. _______0__.
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I COMPANIES AFFORDING COVERAGE
L------_________________________
i f~_f4~~NY A ASSURANCE COMPANY OF AMERICA
1-------------.--- ...-_.___________n_
! COMPANY B
i LETTE R
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i COMPANY C
: LETTER
1-----.---.---
i COMPANY D
i LETTER
i COMPANY E
i LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY I~EQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERT,"N. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI.
TlONS OF SUCH POLICIES;.
TYPE OF INSURANCE
POLICY NUMBER
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
X PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY
PA 87824116
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS iPRIV PfSS)
ALL OWNED AUTOS (OTHER THAN. )
PRI\' PASS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
WAA80692890
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EXCESS LIABILITY '=i
UMBRELLA FORM I
OTHER THAN UMBRELLA F?~-t--
WORKERS' COMPENS/ITION I
AND TC8 22396550
EMPLOYERS' LIABILITY tl
OTHER_
DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/SPECIAL ITEMS
General Contractor -
MONROE COUNTY
Department of Public Works
P. O. Box 1029
Key West, Fla.
Attn:
- . -r
POI_'CY ,fffCTIVE I POLICY EXPIRATION
~A~~~M/DDIYY) -J- DATE IMM/DDNY\
I
i 5/6/87 I 5/6/88
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5/6/87 5/6/88
LIABILITY LIMITS IN THOUSANDS
EACH AGGREGATE
OCCURRENCE
BODIL Y
INJURY $ $
PROPERTY
DAMAGE $ $
I BI & PO $300 $ 300
t COMBINED
,
I
i PERSONAL INJURY $ 300
i
" BODi,Y
iNJURY
, ,PfR PfRSONI $
r 8001l.')'
i~i~R:CClDfNTi $
PROPERTY
DAMAGE $
,BI & PO
. COMBINED $ 300
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The below named Certificate
specifically included as
i BI & PO
I COMBINED $
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$
STATUTORY
$100
$500
$100
(EACH ACCIDENT)
IDISEASE-POLlCY LIMIT)
(DISEASE-EACH EMPLOYEE)
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VICINITY MAP
PROJECT
LOCATION
o 1/4 1/2
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APPROX.SCALEIN MILES
lOC4A TION MAP
LIGHTING BASEBAll FIELDS, HARRY HARRIS PARK
PBSJ POSt BUCKLEY. SCHUH &. JERNIGAN. INC.
CONSULTI~G 'ENGINEERS AND PLANNERS
REY. SHEET
DATE MAR.20,1987
JOB No. 04-701.01 10fL
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SECTION 1000
TRENCHING, BACKFILLING AND COMPACTING
1.0 GENERAL
A. The work included under this Section consists of
clearing, excavating, grading and backfilling as required for the
construction of the electrical distribution system.
2.0 EXCAVATION
A. The Contractor shall perform all excavation of every
description and of whatever substances encountered, to the
dimensions and depth shown on the Drawings, or as directed. No
excavated holes shall be left open at night. See Section
1000-1.15 for further details. All excavations shall be made by
open cut. All existing utilities such as pipes, poles and
structures shall be carefully supported and protected from
injury, and in case of damage, they shall be restored at no cost
to the Owner.
B. Trenches for utility lines shall be excavated to a
width within the limits of the top of the utility and the trench
bottom so as to provide a clearance on each side of the utility,
measured to the face of the excavation, if used, of 2-inches to
4-inches. All trenches shall be excavated to a level 4-inches
below the outside bottom of the proposed utility to provide a
minimum cover of 24 inches.
3.0 BACKFILL
A. Backfill material shall be noncohesive, nonplastic
material free of all debris, organic material, lumps, clods and
broken paving.
B. Where not enough suitable material is available from
the excavation for backfill, suitable material shall be hauled in
and used at no additional cost to the Owner.
4.0 COMPACTION
A. Trench backfill shall be compacted sufficiently so that
settlement does not occur. Trench backfill which settles shall
be reworked by adding suitable material and recompacted until the
required compaction is secured, at no additional cost to the
Owner. This work shall be guarante.ed for six (6) months.
5.0 CLEANUP
A. All rocks and debris resulting from the trenching and
backfilling operation shall be raked and disposed of by the
Contractor.
6.0 METHOD OF PAYMENT
A. Payment will be based on a lump sum price for all the
work necessary to complete the above-stated work.
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