12/09/1998
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
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THIS AGREEMENT is made by and between Monroe County, 5100 C~e~ R<1!i. r
Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner") and ~HiISO!;& a
Company. Inc. (hereinafter refer'.~d to as "contractor") for the emergency re-r . g:at rt;6e ~
Marathon Library, damaged b~ Hurricane Georges. The owner and the contr~tpf:.....he~y ~
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agree as follows: ~ ~ (:J ~ ;0
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ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
1.1 The Contract
1.1.1 The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents. It shall be effective on the date this agreement is executed
by the last party to execute it.
1.2 The Contract Documents
1.2.1 Tl1e contract documents consist of this agreement, the specifications, the dr~wings, all
change orders, any adc;jenda and field orders issued hereafter, any other amendments hereto
executed by the parties hereafter, together with the following: Exhibit A; Exhibit B. Documents
not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this
contract.
1.3 Entire Agreement
1.3.1 This contract, together with the contractor's public construction bond for the Project,
constitute the entire and exclusive agreement between the owner and the contractor with
reference to the Project. Specifically, but without limitation, this contract supersedes any bi(;
documents and all prior written or oral communications, representations and negotiations, if
any, between the owner and contractor.
1.4 No ~rivity with Others
1.4.1 Nothing contained in this contract shall create, or be interpreted to create, privity or any
other contractual agreement between the owner and any person or entity other than the
contractor.
1.5 Intent and Interpretation
1.5.1 The intent of this contract is to require complete, correct and timely execution of the
work. Any work that may be required, implied or inferred by the contract documents, or any
one or rnore of them, as necessary to produce the intended result shall be provided by the
contractor for the contract price.
1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally
consistent. What is required by anyone contract document shall be considered as required by
the county commissioners.
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1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or
construed, first, as defined herein, second, if not defined, according to its generally accepted
meaning in the construction industry; and third, if there is no generally accepted meaning in the
construction industry, according to its common and customary usage.
1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed
to be followed by the phrase, "without limitation."
1.5.5 The specification herein of any act, failure, refusal, omiSSion, event, occurrence or
condition as constituting a material breach of this contract shall not imply that any other,
nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to
constitute a material breach of this contract.
1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and
plural forms, unless the context of their usage clearly requires a contrary meaning.
1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of
the contract documents, the shop drawings and the product data and shall give written notice to
the owner of any inconsistency, ambiguity, error or omission which the contractor may discover
with respect to these documents before proceeding with the affected work. The issuance, or
the express or implied approval by the owner or the architect of the contract documents, shop
drawings or product data shall not relieve the contractor of the continuing duties imposed
hereby, nor shall any such approval be evidence of the contractor's compliance with this
contract. The owner has requested the architect to only prepare documents for the project,
including the drawings and specifications for the project, which are accurate, adequate,
consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO
REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE
CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the contractor
acknowledges and represents that it has received, reviewed and carefully examined such
documents, has found them to be complete, accurate, adequate, consistent, coordinated and
sufficient for construction and that the contractor has not, does not, and will not rely upon any
representation or warranties by the owner concerning such contract documents as no such
representation or warranties have been or are hereby made.
1.5.8 As between numbers and scaled measurements on the drawings and in the design, the
numbers shall govern; as between larger scale and smaller scale drawings, the larger scale
shall govern.
1.5.9 Neither the organization of any of the contract document into divisions, sections,
paragraphs, articles (or other categories), nor the organization or arrangement of the design,
shall control the contractor in dividing the work or in establishing the extent or scope of the work
to be performed by subcontractors.
1.6 Ownership of Contract Documents
1.6.1 The contract documents, and each of them, shall remain the property of the owner. The
contractor shall have the right to keep one record set of the contract documents upon
completion of the project; provided, however, that in no event shall contractor use, or permit. to
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be used, any or all of such contract documents on other projects without the owner's prior
written authorization.
ARTICLE II
THE WORK
2.1 The contractor shall perform all of the work required, implied or reasonably inferable
from, this contract.
2.2 The term "work" shall mean whatever is done by or required of the contractor to perform
and complete its duties under this contract, including the following: construction of the whole or
a designated part of the project; furnishing of any required surety bonds and insurance; and the
provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures,
appliances, facilities, tools, transportation, storage, power, the payment of any applicable sales
and use taxes; royalties and product license fees; permits and licenses required of the
contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work
to be performed by the contractor is generally described as follows: Re-roofing of the Marathon
Library. See Exhibit A.
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1.1 The contractor shall commence the work within 7 days from Notice to Proceed, and
shall achieve substantial completion of the work no later than 5 weeks from commencement,
weather permitting.
3.2 Substantial Completion
3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the
work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial
use or occupancy of the work and can utilize the work for its intended purpose. The date of
substantial completion is the date set forth by the Construction Manager on the substantial
completion form.
3.3 Time is of the Essence
3.3.1 All limitation of time set forth in the contract documents are of the essence of this
contract.
ARTICLE IV
CONTRACT PRICE
4.1 The Contract Price
4.1.1 The owner shall pay, and the contractor shall accept, as full and complete payment for
all of the work required herein, the fixed sum of $71.000.00. The sum set forth in this
paragraph 4. 1 shall constitute the contract price which shall not be modified except by change
order as provided in this contract.
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ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 Schedule of Values
5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to
the owner and to the architect a schedule of values allocating the contract price to the various
portions of the work. The contractor's schedule of values shall be prepared in such form, with
such detail, and supported by such data as the architect or owner may require to substantiate
its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any
element thereof. The violation of this provision by the contractor shall constitute a material
breach of this contract. The schedule of values shall be used only as a basis for the
contractor's applications for payment and shall only constitute such basis after it has been
acknowledged in writing by the architect and the owner.
5.2 Payment Procedure
5.2.1 The owner shall pay the contract price to the contractor as provided below.
5.2.2 Progress Payments-Based upon the contractor's applications for payment submitted to
the architect and upon certificates for payment subsequently issued to the owner by the
architect, the owner shall make progress payments to the contractor on account of the contract
p ri ce.
5.2.3 On or before the 26 day of each month after commencement of the work, the
contractor shall submit an application for payment for the period ending the 25 day of
the month to the architect in such form and manner, and with such supporting data and content,
as the owner or the architect may require. Therein, the contractor may request payment for
ninety percent (900/0) of that portion of the contract price properly allocable to contract
requirements properly provided, labor, materials and equipment properly incorporated in the
work plus ninety percent (90%) of that portion of the contract price properly allocable to
materials or equipment properly stored onsite (or elsewhere if approved in advance in writing by
the owner) for subsequent incorporation in the work, less the total amount of previous
payments received from the owner. Payment for stored materials and equipment shall be
conditioned upon the contractor's proof satisfactory to the owner, that the owner has title to
such materials and equipment and shall include proof of required insurance. Such application
for payment shall be signed by the contractor and shall constitute the contractor's
representation that the work has progressed to the level for which payment is requested in
accordance with the schedule of values, that the work has been properly installed or performed
in full accordance with this contract, and that the contractor knows of no reason why payment
should not be made as requested. Thereafter, the architect will review the application for
payment and may also review the work at the project site or elsewhere to determine whether
the quantity and quality of the work is as represented in the application for payment and is as
required by this contract. The architect shall determine and certify to the owner the amount
properly owing to the contractor. The owner sh~1I make partial payments on account of the
contract price to the contractor within twenty (20) days following the receipt by Monroe County
Construction Manager, of each application for payment, from the Architect. The amount of
each partial payment shall be the amount certified for payment by the architect less such
amounts, if any, otherwise owing by the contractor to the owner or which the owner shall have
the right to withhold as authorized by this contract. The architect's certification of the
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contractor's application for payment shall not preclude the owner from the exercise of any of its
rights as set forth in paragraph 5.3 hereinbelow.
5.2.4 The contractor warrants that all payments to subcontractors have been made as
certified on the application for payment and that title to all work covered by an application for
payment will pass to the owner no later than the time of payment. The contractor further
warrants that upon submittal of an application for payment, all work for which payments have
been received from the owner shall be free and clear of liens, claims, security interest or other
encumbrances in favor of the contractor or any other person or entity whatsoever.
5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the
contractor on account of such subcontractor's work, the amount to which such subcontractor is
entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor
may only seek payment from the contractor's public construction bond surety. In no event is
the owner obligated to pay any subcontractor an amount owed to it by the contractor.
Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor
and its subcontractors.
5.2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be
interpreted to constitute an acceptance of any work not in strict accordance with this contract.
5.3 Withheld Payment
5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts previously paid to the contractor, to protect the
owner from loss because of:
(a) defective work not remedied by the contractor nor, in the opinion of the owner,
likely to be remedied by the contractor;
(b)
(c)
fashion;
claims of third parties against the owner or the owner's property;
failure by the contractor to pay subcontractors or others in a prompt and proper
(d) evidence that the balance of the work cannot be completed in accordance with
the contract for the unpaid balance of the contract price;
(e) evidence that the work will not be completed in the time required for substantial
or final completion;
(f) persistent failure to carry out the work in accordance with the contract;
(g) damage to the owner or a third party to whom the owner is, or may be, liable.
In the event that the owner makes written demand upon the contractor for amounts
previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall
promptly comply with such demand.
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5.4 Unexcused Failure to Pay
5.4.1 If within twenty (20) days after the date established herein for payment to the contractor
by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any
amount then due and payable to the contractor, then the contractor may after seven (7)
additional days' written notice to the owner and the architect, and without prejudice to any other
available rights or remedies it may have, stop the work until payment of those amounts due
from the owner have been received.
5.5 Substantial Completion
5.5.1 When the contractor believes that the work is substantially complete, the contractor shall
submit written notice that the project is ready for substantial completion inspection. The
architect, on the basis of contractor's notice, shall determine that the work is in fact substantially
complete, and report findings to the Construction Manager. The Construction Manager will
inspect the work and will be the final judge as to whether substantial completion has been
achieved. The Architect will prepare a certificate of substantial completion which shall establish
the date of substantial completion, shall state the responsibilities of the contractor for project
security, maintenance, heat, utilities, damage to the work, and insurance, and shall fix the time
within which the contractor shall complete the items listed therein. The certificate of substantial
completion shall be submitted to the contractor for written acceptance of the responsibilities
assigned to them in such certificate. Upon substantial completion of the work and execution by
both the owner and the contractor of the certificate of substantial completion, the owner shall
pay the contractor an amount sufficient to increase total payments to the contractor to one
hundred percent (1000/0) of the contract price less five percent (50A>) retention and less three
hundred percent (3000/0) of the reasonable cost as determined by the owner and the architect
for completing all incomplete work, correcting and bringing into conformance all defective and
nonconforming work, and handling all unsettled claims. The certificate of substantial
completion shall not be signed by the Construction Manager unless accompanied by a signed
certificate of occupancy from all governing authorities.
5.6 Completion and Final Payment
5.6.1 When all of the work is finally complete and the contractor is ready for a final inspection,
it shall notify the owner and the architect thereof in writing. Thereupon, the architect will make
final inspection of the work and, if work is complete in full accordance with this contract and this
contract has been fully performed, the architect will promptly issue a final certificate for payment
certifying to the owner that the project is complete and the contractor is entitled to the
remainder of the unpaid contract price, less any amount withheld pursuant to this contract.
Guarantees required by the contract shall commence on the date of final completion of the
work. If the architect is unable to issue its final certificate for payment and is required to repeat
its final inspection of the work, the contractor shall bear the cost of such repeat final
inspection(s) which cost may be deducted by the owner from the contractor's final payment.
5.6.1.1 If the contractor fails to achieve final completion within the time fixed therefor by the
architect in its certificate of substantial completion, the contractor shall pay the owner the sum
of $100.00 per day for the first 15 days, $100.00 per day for the second 15 days, and $100.00
per day thereafter for each and every calendar day of unexcused delay in achieving final
completion beyond the date set forth herein for final completion of the work. Any sums due and
payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated
damages representing an estimate of delay damages likely to be sustained by the owner,
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estimated at or before the time of executing this contract. When the owner reasonably believes
that final completion will be inexcusably delayed, the owner shall be entitled, but not required, to
withhold from any amounts otherwise due the contractor an amount then believed by the owner
to be adequate to recover liquidated damages applicable to such delays. If and when the
contractor overcomes the delay in achieving final completion, or any part thereof, for which the
owner has withheld payment, the owner shall promptly release to the contractor those funds
withheld, but no longer applicable, as liquidated damages.
5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the
architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities
connected with the work for which the owner, or the owner's property might be responsible,
have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors
of the contractor and of any and all parties required by the architect or the owner; and the
consent of surety to final payment. The affidavits, releases and waivers required from
subcontractors and materialmen are for the administrative convenience of the owner only.
They do not create an obligation on the part of the owner to assure that any subcontractor or
materialman is paid. If unpaid, subcontractors and materialmen must seek payment from the
contractor's public construction bond surety.
5.6.3 Acceptance of final payment shall constitute a waiver of all claims against the owner by
the contractor except for those claims previously made in writing against the owner by the
contractor, pending at the time of final payment, and identified in writing by the contractor as
unsettled at the time of its request for final payment.
ARTICLE VI
THE OWNER
6.1 Information and Services Required from Owner
6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and
all written and tangible material in its possession concerning conditions below ground at the site
of the project. Such written and tangible material is furnished to the contractor only in order to
make complete disclosure of such material and for no other purpose. By furnishing such
material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in
part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also
furnish surveys, legal limitations and utility locations (if known), and a legal description of the
project site.
6.1.2 Excluding permits and fees normally the responsibility of the contractor, the owner shall
obtain all approvals, easements, and the like required for construction and shall pay for
necessary assessments and charges required for construction, use or occupancy of permanent
structures or for permanent changes in existing facilities. See paragraph 7.5.
6.1.3 The owner shall furnish the contractor, free of charge, N/A copies of the contract
documents for execution of the work. The contractor will be charged, and shall pay the owner,
$ N/A per additional set of contract documents which it may require.
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6.2 Right to Stop Work
6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this
contract, the owner may order the contractor to stop the work, or any described portion thereof,
until the cause for stoppage has been corrected, no longer exists, or the owner orders that work
be resumed, in such event, the contractor shall immediately obey such order.
6.3 Owner's Right to Perform Work
6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor
fails within three (3) days of such stoppage to provide adequate assurance to the owner that
the cause of such stoppage will be eliminated or corrected, then the owner may, without
prejudice to any other rights or remedies the owner may have against the contractor, proceed
to carry out the subject work. In such a situation, an appropriate change order shall be issued
deducting from the contract price the cost of correcting the subject deficiencies, plus
compensation for the architect's additional services and expenses necessitated thereby, if any.
If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the
contractor shall pay the difference to the owner.
ARTICLE VII
THE CONTRACTOR
7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7.
The contractor shall perform no part of the work at any time without adequate contract
documents or, as appropriate, approved shop drawings, product data or samples for such
portion of the work. If the contractor performs any of the work knowing it involves a recognized
error, inconsistency or omission in the contract documents without such notice to the architect,
the contractor shall bear responsibility for such performance and shall bear the cost of
correction.
7.2 The contractor shall perform the work strictly in accordance with this contract.
7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort
and attention. The contractor shall be responsible to the owner for any and all acts or
omissions of the contractor, its employees and others engaged in the work on behalf of the
contractor.
7.4 Warranty
7.4.1 The contractor warrants to the owner that all labor furnished to progress the work under
this contract will be competent to perform the tasks undertaken, that the product of such labor
will yield only first-class results, that materials and equipment furnished will be of good quality
and new unless otherwise permitted by this contract, and that the work will be of good quality,
free from faults and defects and in strict conformance with this contract. All work not
conforming to these requirements may be considered defective.
7.5 The contractor shall obtain and pay for all permits, impact fees, fees and licenses
necessary and ordinary for the work. The contractor shall secure and pay for all permits,
governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal
bodies having jurisdiction over the project for the proper execution and completion of the work
which are customarily secured after execution of the contract and which are legally required at
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the time bids are received. The owner will not assess any County permit or County impact fees
for the building permit issued by the County Building Department. The contractor is responsible
for permit and impact fees issued by City Building Departments and any jurisdiction other than
the County of Monroe. The contractor shall comply with all lawful requirements applicable to
the work and shall give and maintain any and all notices required by applicable law pertaining to
the work.
7.6 Supervision
7.6.1 The contractor shall employ and maintain at the project site only competent supervisory
personnel. Absent written instruction from the contractor to the contrary, the superintendent
shall be deemed the contractor's authorized representative at the site and shall be authorized to
receive and accept any and all communications from the owner or the architect.
7.6.2 Key supervisory personnel assigned by the contractor to this project are as follows:
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Function
So long as the individuals named above remain actively employed or retained by the contractor,
they shall perform the functions indicated next to their names unless the owner agrees to the
contrary in writing. In the event one or more individuals not listed above subsequently assumes
one or more of those functions listed above, the contractor shall be bound by the provisions of
this subparagraph 7.6.2 as though such individuals had been listed above.
7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the
owner and the architect for their information, the contractor's schedule for completing the work.
The contractor's schedule shall be revised no less frequently than monthly (unless the parties
otherwise agree in writing) and shall be revised to reflect conditions encountered from time to
time and shall be related to the entire project. Each such revision shall be furnished to the
owner and the architect. Failure by the contractor to strictly comply with the provisions of this
paragraph 7.7 shall constitute a material breach of this contract.
7.8 The contractor shall continuously maintain at the site, for the benefit of the owner and
the architect, one record copy of this contract marked to record on a current basis changes,
selections and modifications made during construction. Additionally, the contractor shall
maintain at the site for the owner and the architect the approved shop drawings, product data,
samples, other similar required submittals and an office for their use. Upon final completion of
the work, all of these record documents shall be delivered to the owner.
7.9 Shop Drawings, Product Data and Samples
7.9.1 Shop drawings, product data, samples and other submittals from the contractor do not
constitute contract documents. Their purpose is merely to demonstrate the manner in which
the contractor intends to implement the work in conformance with information received from the
contract documents.
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7.9.2 The contractor shall not perform any portion of the work requiring submittal and review
of shop drawings, product data or samples unless and until such submittal shall have been
approved by the architect. Approval by the architect, however, shall not be evidence that work
installed pursuant thereto conforms with the requirements of this contract.
7.10 Cleaning the Site and the Project
7.10.1 The contractor shall keep the site reasonably clean during performance of the work.
Upon final completion of the work, the contractor shall clean the site and the project and
remove all waste, together with all of the contractor's property therefrom.
7.11 Access to Work
7.11.1 The owner and the architect shall have access to the work at all times from
commencement of the work through final completion. Jhe contractor shall take whatever steps
necessary to provide access when requested.
7.12 Indemnification and Hold Harmless
7.12.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the
event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay. The
first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
7.12.2 In claims against any person or entity indemnified under this paragraph 7.12 by an
employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, the indemnification obligation under this
paragraph 7.12 shall not be limited by a limitation on amount or type of damage, compensation
or benefits payable by or for the contractor or a subcontractor under workers' compensation
acts, disability benefit acts or other employee benefit acts.
7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall
hold the owner and architect harmless from loss on account thereof, but shall not be
responsible for such defense or loss when a particular design, process or product of a particular
manufacturer or manufacturers is required by the contract. However, if the contractor has
reason to believe that the required design, process or product is an infringement of a patent,
the contractor shall be responsible for such loss unless such information is promptly furnished
to the architect.
ARTICLE VIII
CONTRACT ADMINISTRATION
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8.1 The Architect
8.1.1 The architect for this project is the Construction Manager. In the event the owner should
find it necessary or convenient to replace the architect, the owner shall retain a replacement
architect and the status of the replacement architect shall be that of the former architect.
8.2 Architect's Administration
8.2.1 The architect, unless otherwise directed by the owner in writing, will perform those
duties and discharge those responsibilities allocated to the architect as set forth in this contract.
The architect shall be the owner's representative from the effective date of this contract until
final payment has been made..
8.2.2 The owner and the contractor shall communicate with each other in the first instance
with consultation from the architect.
8.2.3 The architect shall be the initial interpreter of the requirements of the drawings and
specifications and the judge of the performance thereunder by the contractor. The architect
shall render written or graphic interpretations necessary for the proper execution or progress of
the work with reasonable promptness on request of the contractor.
8.2.4 The architect will review the contractor's applications for payment and will certify to the
owner for payment to the contractor, those amounts then due the contractor as provided in this
contract.
8.2.5 The architect shall have authority to reject work which is defective or does not conform
to the requirements of this contract. If the architect deems it necessary or advisable, the
architect shall have authority to require additional inspection or testing of the work for
compliance with contract requirements.
8.2.6 The architect will review and approve, or take other appropriate action as necessary,
concerning the contractor's submittals including shop drawings, product data and samples.
Such review, approval or other action shall be for the sole purpose of determining conformance
with the design concept and information given through the contract documents.
8.2.7 The architect will prepare change orders and may authorize minor changes in the work
by field order upon approval of the owner, as provided elsewhere herein, as long as there is no
change in contract price.
8.2.8 The architect shall, upon written request from the contractor, and in line with article 5,
conduct inspections to determine the date of substantial completion and the date of final
completion, will receive and forward to the owner for the owner's review and records, written
warranties and related documents required by this contract and will issue a final certificate for
payment upon compliance with the requirements of this contract.
8.3 Claims by the Contractor
8.3.1 All contractor claims shall be initiated by written notice and claim to the owner and the
architect. Such written notice and claim must be furnished within three (3) days after
occurrence of the event, or the first appearance of the condition, giving rise to the claim.
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8.3.2 Pending final resolution of any claim of the contractor, the contractor shall diligently
proceed with performance of this contract and the owner shall continue to make payments to
the contractor in accordance with this contract. The resolution of any claim under this
paragraph 8.3 shall be reflected by a change order executed by the owner, the architect and
the contractor.
8.3.3 Claims for Additional Costs-If the contractor wishes to make a claim for an increase in
the contract price, as a condition precedent to any liability of the owner therefor, the contractor
shall give the architect written notice of such claim within three (3) days after the occurrence of
the event, or the first appearance of the condition, giving rise to such claim. Such notice shall
be given by the contractor before proceeding to execute any additional or changed work. The
failure by the contractor to give such notice and to give such notice prior to executing the work
shall constitute a waiver of any claim for additional compensation.
8.3.3.1 In connection with any claim by the contractor against the owner for compensation in
excess of the contract price, any liability of the owner for the contractor's costs shall be strictly
limited to direct costs incurred by the contractor and shall in no event include indirect costs or
consequential damages to the contractor. The owner shall not be liable to the contractor for
claims of third parties, including subcontractors, unless and until liability of the contractor has
been established therefor in a court of competent jurisdiction.
8.3.4 Claims for Additional Time-If the contractor is delayed in progressing any task which at
the time of the delay is then critical or which during the delay becomes critical, as the sole result
of any act or neglect to act by the owner or someone acting on the owner's behalf, or by
changes ordered in the work, unusual delay in transportation, unusually adverse weather
conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then
the date for achieving substantial completion of the work shall be extended upon the written
notice and claim of the contractor to the owner and the architect, for such reasonable time as
the architect may determine. Any notice and claim for an extension of time by the contractor
shall be made not more than three (3) days after the occurrence of the event or the first
appearance of the condition giving rise to the claim and shall set forth in detail the contractor's
basis for requiring additional time in which to complete the project. In the event the delay to the
contractor is a continuing one, only one notice and claim for additional time shall be necessary.
If the contractor fails to make such claim as required in this subparagraph, any claim for an
extension of time shall be waived. In no event is the contractor entitled to additional
compensation for any delay described in this paragraph 8.3.4 or other paragraphs.
8.4 Field Orders
8.4.1 The architect shall have authority to order minor changes in the work not involving a
change in the contract price or in contract time and not inconsistent with the intent of the
contract. Such changes shall be effected by field order and shall be binding upon the
contractor. The contractor shall carry out such field orders promptly.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 12
ARTICLE IX
SUBCONTRACTORS
9.1 Definition
9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a
portion of the work.
9.2 Award of Subcontracts
9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the
names of persons or entities proposed by the contractor to act as a subcontractor on the
project. The owner shall promptly reply to the contractor, in writing, stating any objections the
owner may have to such proposed subcontractor. The contractor shall not enter into a
subcontract with a proposed subcontractor with reference to whom the owner has made timely
objection. The contractor shall not be required to subcontract with any party to whom the
contractor has objection.
9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which
correspond to those rights afforded to the owner against the contractor herein, including those
rights afforded to the owner by subparagraph 12.2.1 below.
ARTICLE X
CHANGES IN THE WORK
10.1 Changes Permitted
10.1.1 Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating this
contract, by change order or by field order.
10.1.2 Changes in the work shall be performed under applicable provisions of this contract and
the contractor shall proceed promptly with such changes.
10.2 Change Order Defined
10.2.1 Change order shall mean a written order to the contractor executed by the owner and
the architect, issued atter execution of this contract, authorizing and directing a change in the
work or an adjustment in the contract price or the contract time, or any combination thereof.
The contract price and the contract time may be changed only by change order.
10.3 Changes in the Contract Price
10.3.1 Any change in the contract price resulting from a change order shall be determined as
follows: (a) by mutual agreement between the owner and the contractor as evidenced by
(1) the change in the contract price being set forth in the change order, (2) such change in the
contract price, together with any conditions or requirements related thereof, being initialed by
both parties and (3) the contractor's execution of the change order; or (b) if no mutual
agreement occurs between the owner and the contractor, then, as provided in
subparagraph 10.3.2 below.
10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated
in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 13
by the architect on the basis of the reasonable expenditures or savings of those performing,
deleting or revising the work attributable to the change, including, in the case of an increase or
decrease in the contract price, an allowance for direct job site overhead of 50A>, and profit 50/0.
10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so
changed in a proposed change order that application of such unit prices to the quantities of
work proposed will cause substantial inequity to the owner or to the contractor, the applicable
unit prices shall be equitably adjusted.
10.4 Minor Changes
10.4.1 The architect shall have authority to order minor changes in the work not involving a
change in the contract price or an extension of the contract time and not inconsistent with the
intent of this contract. Such minor changes shall be made by written field order, and shall be
binding upon the owner and the contractor. The contractor shall promptly carry out such written
field orders.
10.5 Effect of Executed Change Order
10.5.1 The execution of a change order by the contractor shall constitute conclusive evidence
of the contractor's agreement to the ordered changes in the work, this contract as thus
amended, the contract price and the contract time. The contractor, by executing the change
order, waives and forever releases any claim against the owner for additional time or
compensation for matters relating to or arising out of or resulting from the work included within
or affected by the executed change order.
10.6 Notice to Surety; Consent
10.6.1 The contractor shall notify and obtain the consent and approval of the contractor's
surety with reference to all change orders if such notice, consent or approval is required by the
contractor's surety or by law. The contractor's execution of the change order shall constitute
the contractor's warranty to the owner that the surety has been notified of, and consents to,
such change order and the surety shall be conclusively deemed to have been notified of such
change order and to have expressly consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 Uncovering Work
11.1.1 If any of the work is covered contrary to the architect's request or to any provisions of
this contract, it shall, if required by the architect or the owner, be uncovered for the architect's
inspection and shall be properly replaced at the contractor's expense without change in the
contract time.
11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1
above, it shall, if required by the architect or owner, be uncovered for the architect's inspection.
If such work conforms strictly with this contract, costs of uncovering and property replacement
shall by change order be charged to the owner. If such work does not strictly conform with this
contract, the contractor shall pay the costs of uncovering and proper replacement.
11.2 Correcting Work
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 14
11.2.1 The contractor shall immediately proceed to correct work rejected by the architect as
defective or failing to conform to this contract. The contractor shall pay all costs and expenses
associated with correcting such rejected work, including any additional testing and inspections,
and reimbursement to the owner for the architect's services and expenses made necessary
thereby.
11.2.2 If within one (1) year after final completion of the work any of the work is found to be
defective or not in accordance with this contract, the contractor shall correct it promptly upon
receipt of written notice from the owner. This obligation shall survive final payment by the
owner and termination of this contract. With respect to work first performed and completed
after substantial completion, this one-year obligation to specifically correct defective and
nonconforming work shall be extended by the period of time which elapses between substantial
completion and completion of the subject work.
11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of limitation with
respect to other obligations which the contractor has either under this contract or under the
laws of the State of Florida. Establishment of the one-year time period in subparagraph 11.2.2
relates only to the duty of the contractor to specifically correct the work.
11.3 Owner May Accept Defective or Nonconforming Work
11.3.1 If the owner chooses to accept defective or nonconforming work, the owner may do so.
In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or nonconforming work and (b) the difference between
the fair market value of the project as constructed and the fair market value of the project had it
not been constructed in such a manner as to include defective or nonconforming work. If the
remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for
its acceptance of defective or nonconforming work, the contractor shall, upon written demand
from the owner, pay the owner such remaining compensation for accepting defective or
nonconforming work.
ARTICLE XII
CONTRACT TERMINATION
12.1 Termination by the Contractor
12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other
public authority, or as a result of an act of the Government, through no fault of the contractor or
any person or entity working directly or indirectly for the contractor, the contractor may, upon
ten (10) days' written notice to the owner and the architect, terminate performance under this
contract and recover from the owner payment for the actual reasonable expenditures of the
contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials,
equipment, tools, construction equipment and machinery actually purchased or rented solely for
the work, less any salvage value of any such items.
12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the
contractor for a period of fifteen (15) days after receiving written notice from the contractor of its
intent to terminate hereunder, the contractor may terminate performance under this contract by
written notice to the architect and the owner. In such event, the contractor shall be entitled to
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 15
recover from the owner as though the owner had terminated the contractor's performance
under this contract for convenience pursuant to subparagraph 12.2.1 hereunder.
12.2 Termination by the Owner
12.2.1 For Convenience:
12.2.1.1 The owner may for any reason whatsoever terminate performance under this
contract by the contractor for convenience. The owner shall give written notice of such
termination to the contractor specifying when termination becomes effective.
12.2.1.2 The contractor shall incur no further obligations in connection with the work and
the contractor shall stop work when such termination becomes effective. The contractor shall
also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities
and claims arising out of the termination of subcontracts and orders. The owner may direct the
contractor to assign the contractor's rights, title and interest under terminated orders or
subcontracts to the owner or its designee.
12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or
partially completed work and materials, equipment, parts, fixtures, information and contract
rights as the contractor has.
12.2.1.4 (a) The contractor shall submit termination claim to the owner and the
architect specifying the amounts due because of the termination for convenience together with
costs, pricing or other data required by the architect. If the contractor fails to file a termination
claim within one (1) year from the effective date of termination, the owner shall pay the
contractor, an amount derived in accordance with subparagraph (c) below.
(b) The owner and the contractor may agree to the compensation, if any, due
to the contractor hereunder.
(c) Absent agreement to the amount due to the contractor, the owner shall
pay the contractor the following amounts:
(i) Contract prices for labor, materials, equipment and other services
accepted under this contract;
(ii) Reasonable costs incurred in preparing to perform and in
performing the terminated portion of the work, and in terminating the contractor's performance,
plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not
include anticipated profit or consequential damages); provided however, that if it appears that
the contractor would have not profited or would have sustained a loss if the entire contract
would have been completed, no profit shall be allowed or included and the amount of
compensation shall be reduced to reflect the anticipated rate of loss, if any;
(iii) Reasonable costs of settling and paying claims arising out of the
termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph.
These costs shall not include amounts paid in accordance with other provisions hereof.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 16
The total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed
the total contract price as properly adjusted, shall be reduced by the amount of payments
otherwise made, and shall in no event include duplication of payment.
12.2.2 For Cause:
12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work
in a timely manner, supply enough properly skilled workers, supervisory personnel or proper
equipment or materials, or if it fails to make prompt payment to subcontractors or for materials
or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial violation of a material
provision of this contract, then the owner may by written notice to the contractor, without
prejudice to any other right or remedy, terminate the employment of the contractor and take
possession of the site and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the contractor and may finish the work by whatever methods it
may deem expedient. In such case, the contractor shall not be entitled to receive any further
payment until the work is finished.
12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work,
including compensation for the architect's additional services and expenses made necessary
thereby, such excess shall be paid to the contractor. If such cost exceeds the unpaid balance,
the contractor shall pay the difference to the owner. This obligation for payment shall survive
the termination of the contract.
12.2.2.3 In the event the employment of the contractor is terminated by the owner for
cause pursuant to subparagraph 12.2.2 and it is subsequently determined by a Court of
competent jurisdiction that such termination was without cause, such termination shall
thereupon be deemed a termination for convenience under subparagraph 12.2.1 and the
provisions of subparagraph 12.2.1 shall apply.
ARTICLE XIII
INSURANCE
13.1 The insurance required under this contract is set forth in Exhibit B. Exhibit B is attached
and incorporated into this contract.
ARTICLE XIV
MISCELLANEOUS
14.1 Governing Law
14.1. 1 This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County, Florida.
14.2 Successors and Assigns
14.2.1 The owner and contractor bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal representatives
of such other party in respect to covenants, agreement and obligations contained in this
contract. The contractor shall not assign this contract without written consent of the owner.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 17
14.3 Surety Bonds
14.3.1 The contractor shall furnish the public construction bond in the amount and form set
forth in Section 255.05, Florida Statutes.
14.4 Ethics Clause
14.4.1 The contractor warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision, the owner may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
14.5 Public Entity Crime Statement
14.5.1 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid, on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017
of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
14.6 Assignment of the Architect's Duties
14.6.1 The duties of the architect under this contract may be assigned by the owner, at his
discretion, to a construction manager selected by the owner.
14.7 Trench Safety
14.7.1 If applicable to the project, the contractor shall comply with all relevant provisions of the
Trench Safety Act (Secs. 553.60-553.64, Fla. Stat.).
14.8 Contingency
14.8.1 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
14.9 Effective Date
14.9.1 This contract will take effect on the date of the signature of the last party to sign.
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 18
(SEAL)
Attest:
CONTRACTOR
Bob Hilson & Company, Inc.
By:
Title:
By: ~
Title: ~'-C.e. fte.s.'d/-,"T'
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 19
EXHIBIT A
CONTRACT DOCUMENTS
Document
Date
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 20
, r,.~ONRdE COUN~
IICONST~i~~!r; ;~;;~;MENT
BOB ?
HILION ~]~i!~ED BY:_.
& COMPANY, INC. Customer's Phone No. 305-292-4306 Date: NovembVL 20, 1998
Name: MARATHON LIBRARY c'/o MOYlJLoe County Pubuc' WOfLfu VA-v~A-on
BOB HILSON & CO. N., INC.
10460 S.W. 187 TERRACE
MIAMI, FLORIDA 33157
(305) 238-7699
FAX: (305) 238-3821
BOB HILSON & CO. S., INC.
300 ATLANTIC DRIVE
KEY LARGO, FLORIDA 33037
(305) 451-2927
FAX: (305) 451-4953
BROWARD: (954) 442-8955
COMMERCIAURESIDENTIAL
- REROOFING
- ROOF REPAIRS
- NEW ROOFING
- METAL ROOFING
-WATERPROOFING
-ROOF MAINTENANCE
LICENSED & INSURED
VISA & MASTERCARD
ACCEPTED
SERVING
DADE
BROWARD
AND
FLORIDA KEYS
CC C057388
CG C013930
CC C041344
CB C038910
www.bobhilson.com
FORM #19
t:crm # IS-Rev.
cc #
STATE
CC CO 57397
RC 00 15630
LICE:NSED AND INSURED
AGREEMENT
The undersigned property owners hereby authorize BOB HILSON & COMPANY, INC. to supply all materials and labor necessilry
for the work specified below on premises located at
Lot
BI.
Sub.
PB
Page
FlofLA-da
City
MafLa;thon
State
/v10 YlJLO e
Cou n ty
GENERAL SPECIFICATIONS: WHEN REROOFING-
REMOVE EXISTING ROOF TO SHEATHING OR A SMOOTH AND WORKABLE SURFACE.
Haul away debris - Premises to be left clean.
PREPARE THE FLAT SECTION AS PER ABOVE.
I Mtai.J.. l-laYelL oil Ro/.S en papVL.
IYL-6tai.J.. l-laYefL 75# gl~/.S, naA-led to ~ode.
I YL-6tai.J.. 1. 5" U/Lethane ,tYL-6ul.cU;.,on, .6 et A-n a mopp,{,ng oil hot ~phatt.
I YL-6;tai.J.. 1 /4" tap VL ed ~ompo.6de ,{,YL-6 ulcU;.,o n.
Iru.d.ai.J.. 2-puu glM-6 ply IVr -6oud moppe.d wdh hot. MphaLt.
I VL-6tai.J.. l-laljeJL oil FR mOcUnA-ed bdumen /.Soud mopped livdh hot MphaLt.
1 I n-6-tai.J.. n eI,V nlM rung-6 M /L e.q LViA e.d u.6 ing nib VLe.d c.ant. -6.t.JUp, 1 - # 7 5 g.taJ.Jf..
i bM e. and 1 -FR modA..nie.d bdwne.n, -6oud moppe.d wdh hot. Mphatt, -6.t.JUppe.d
f and /.S ealed.
!SLOPEV SECTION TO RECEIVE:
IIn-6t.ai.J.. 1-.tayVL ASTM Type. II 30 LB. nW, t.o buildA..ng c.ode. -6pe.unic.cU;.,On-6.
i I n-6 t.ai.J.. new 2 6 9 aug e., 3 " n ac. e.d, ga.t v arUz e.d ..iAo n e.a v e.-6 dJUp.
Ii.,. I n-6t.ai.J.. neLlI 2 6 9 aug e., 9 a.tv arUz e.d ..iAo n "L" n lM rung and -6 t.uc.c.o -6t.o P , a!.l
fLeqLViAed. Re.otuc'c'o VOA-d above neJ"v /.Stuc.~o /.Stop ~ nec'e.6/.SafLy. PtWne
i new -6.:tuc.c.o.
I
I I tL6t.ai.J.. new nlM rung-6 , M /Le.qLViAe.d.
IYL-6;tai.J.. l-laljeJL #90 type {)w, /.Soud mopped ~udh hot ~phatt and
ba~knaA-led.
I I YL-6tai.J.. new /.S;ta~k ill~ yung.6 0 n ai.J.. plumbA-ng pit 0 j eilio YL-6 .
I
"I.'.. I YL-6t~ new Clay Spa~h "s" ~e, pefL ewung ~oun;ty appfLovaL~,
.6 et A-H CLPP,'Loved m~~;tA-c'.
1.'pJt,{,~e nolt ;teafLoiln and dtLY-A-n On /.Sloped afLea ~ $15,960.00.
p fLA-~ e n 0 fL blat aJL e.a and ivL.6 ,f,ai.J..cU;.,0 n 0 il ~ e A-.6 $ 5 5 , 04 0 . 0 0 .
TOTAL CONTRACT PRICE: $71 ,000.00 %Vf!!P c(etrfl ~
**The. above. /LOOning WO/Lk. iJ.J t.o /Le.c.u.ve. a 6 ~..,'e yeM LUnde.d WaJULanty,
c.OYL-6eque~a.t damage-6 exduded, ;to be A-.6.6ued upon c'omplmon. A ~opy
On w{uc.h A-.6 a;Uac'hed and made pcuU On thA-.6 ~on;tJLau.
NOTES ANV OPTIONS:
( 1) The fLeJnova.t and fLepla~ement oil fLoUed OlL damaged lumbvl will be dOYLe
on a Wne and matvUa.t bM~, ~ PVt the ~VOO(iLVOfLk UaMe on fLeve./U)e aYL(l
adcL-i.UonaR.. to the ~on;tJLau pfLA-'c,e.
The above fLoo-6A-ng VJofLk AA ;to JLec,uve the .6tandafLd manutauuJLefL'.6
on the LUe. fLOOt;Lng.
CONTINUATION OF FRONT PAGE OF CONTRACT
Replacement of all 'rotted or damaged lunlber is done strictly on a time and material basis of $_ 50. 00
per man hour plus materials.
Any warranties rllade part of this contract will not be valid until entire contract is paid in full.
PRICE SUBJECT TO CHANGE AFTER 15 DAYS.
All for the sum of $_Lt~OQ~_!-OO_~~________.
Terms: 1 5% Vepo.6a ."
45% Upon VJc.y- In & Reaci.inu.6 non .t,il,e,
35% Ul}_QJ1.__Td~__VeLi~
BALANCE IN fULL UPON COMPLETION
FOR FHA CONTRACTS ONLY
Tota I Cosh Price
$
Less Down Payment
$
Principal Balance
$
Add Time Price Differential $
Time Balance
$
Purchaser agrees to pay therefore to seller a contract price of $------------, which is to be paid in --------
equal successive l11ontl1ly instJlllllents of $-:---------- each cOlllmencing on the _-=-=--day of -------------;--
19.:-____-=, and continuing on the sanle day of each fllonth thereafter until paid except the finJI installment which shall
be the balance due.
NOTICE TO BUYER
(1) Do not sign this contract before you read it or if it contain.s any blank spaces.
(2) You are entitled to an exact copy of the contract you sign.
(3) You have the right to prepay this contract in full and. under certain conditions receive a partial refund of the
time price differential.
Executed in triplicate. one copy of which was delivered to, and receipt is hereby acknowledged by the buyer this
----------- day of _~.-.-~-------------------, 19 .-.~=_-,---
In tile event the amount of fee is not paid within ten (10) days of cOfllpletion or as specified in writing on this contract
the accou nt sha II be in defa u It. The acceptor of this agree ment agrees to indem nify the conlpany harnlless from any
costs or expenses incurred ill the collection of the defaulted account, or any part thereof, including attorney's fees, and
fu rther agrees tl1 at the d ef au Itcd accou nt wi II bea r i ntere stat the nlaxinl u III lawfu I rate of 11/2010 per nlonth, not
to exceed 18l/~ per yecJr, on the unpaid balance. In the event of any default of this contract by owner or signee for
owner-owner cJgrees to pay all costs and reasonable attorney fees incurred by BOB HILSON & COMPANY, INC. as
a result of said default.
All work is to be perforlncd in a worknlilfl.li ke nlanner J nd in accordance with establ ished practice and loca I bui Iding
cod es.
In the perforrnance of this agreelllent BOB HILSON & COMPANY, INC., hereafter referred to as the Company, will not
be responsible for any dJlllage caused by settlernent, vibration, distortion, water intrusion, or failure of the foundation
on which said roof sets or dalllage caused by hail, telllpest, hurricanes, gale winds, unusual weather conditions, or
acts of God. nor for any dalllages or delays due to strikes, fire, accidents, or other causes beyond our control, nor for
inherent defects in the prelllises on which work is to be done. The Conlpany will use caution when working; however,
except for proven negligence, the Conlpany CClnnot be responsible for interior or exterior dalllage to building.
its contents or surrounding property including plaster (such as cracks. small pops or water darnage), paint. furnishings,
personal belongings, lawns, shrubberies, sidewalks, driveways, sprinkler systellls, water lines, septic tanks or lines,
antennas. fiberglass or plastic roofs, screens or screen enclosures, pool, pool pumps, patios, wasllers, dryers, tools.
vet! icles. etc.
Except for the replacenlent of rotted or danlaged wood wh ich is performed under the woodwork clause above, the
Conlpany and the owner or its agent agree that this contr act and price are based on the belief that the structure on
which the work is to be pcrfornled is sound and built in accordance with local codes. Should work be needed for it to
confornl to the above the owner will be given the option to stop the work and pay for work performed to that point
or sign another agreenlent to perfornl the needed work before the work under this contract can be conlpleted.
Pie as e be a d vis ed, in the are a s w her e you h a v e 0 pen be a 01 ce i I i n g the re III a y bel i g h t deb r is and sma II roc ks sift i n g
through the sheathing boards. Please take precautions to protect any items that you do not wish to be soiled.
Any loose objects shou Id b-c ta ken down or secu rcd.
Vehicles should not be left in garage or driveways while work is in progress.
Should the owner or tenant not be present a pllone nUlllbe r where he or she can be contacted, in case of emergency,
nl us t bel eft wit h 80 B H I L SON & COM PAN Y, IN C.
The Conlpany will only prilne coat that portion of the new wood that is exposed to the weather. In areas of stained
wood the new wood will be left unstained. The owner will be responsible for painting or staining any new wood.
We cannot assunle responsibility for any danlages done to the roof by plumbers, electricians, air conditioning men or
any other tradesfncn, or persons.
Owner to be responsible for notifying contrJctor as to the location of septic tank.
Any a Iteration or deviation frolll the specification will become an extril charge and fllUSt be agreed to in writing
by both parties.
This agreerncnt constitutes the enti re understanding of the parties, and no other understanding shall be binding unless
in writing and signed by both parties.
Approved and Accepted:
(X)
'"
BOB HIL~ & COMP~. y~ INC., /1 .)
BY~~)__ ~
(authorized agent only sign here)
(Owner-Purchaser sign here)
(X)
(Owner-Purchaser sign here as agent for all owners)
MAKE ALL CHECKS OR MONEY ORDERS PAY^,B~ f TO: BOB Hll.SON & COMPANY, JNC.
J:' n r n, ~t 1 A- R P \1
BOB
HILION
& COMPANY, INC.
300 ATLANTIC DRIVE
SUITE .4
KEY LARGO, FL 33037
(305) 451-2927
COMMERCIALI
RESIDENTIAL
. REROOFING
. REPAIRS
. FHA & VA ROOF
INSPECTIONS
. TENT FUMIGATION
. TERMITE CONTROL
. FHA & VA TERMITE
INSPECTIONS
. PEST CONTROL
RESIDENTIAL &
COMMERCIAL
. LAWN SPRAYING
. FERTILIZATION
. WEED CONTROL
COMMERCIALI
RESIDENTIAL
. CONSTRUCTION
. ADDITIONS
. REMODELING
. REPAIRS
WE'RE
ALL
UNDER
ONE
ROOF
FORM #16
APPLIED ROOFING INSTALLATION AGREEMENT #
TRANSFERABLE
FIVE
YEAR LIMITED WARRANTY (consequential damages excluded)
From Date of Completion
Upon full payment of account, BOB HILSON & COMPANY, INC. (hereinafter Company)
agrees to provide roof repair services to the T11 F roofing installed
by Company on the building stated below for the warranty period specified above, within the
conditions and terms set forth herein.
This agreement relates only to the roofing material, asphalt and workmanship furnished
by Company and Company is not responsible for the failure of such roofing caused by settle-
ment, distortion, or failure of the foundation on which said roofing rests, or hail, tempest,
hurricane, gale force winds, wood destroying organisms, acts of God, or unusual weather con-
ditions. This agreement shall be fully performed and discharged by Company making such
repairs as may be necessary if any defects in the roofing fabric or workmanship cause leakage
during the period of this agreement. Damage to building and contents is specifically excluded
from the terms of this agreement. This warranty shall be voided by the performance of any work
in connection with this roof by other than the Company. The Company reserves the right to
make such investigations as may be necessary to determine the origin of leaks developing in
or on the building, stated below. This warranty excludes and shall not be applicable to any vents,
pitch pans, air conditioning lines, air conditioning ducts, fans, skylights, or apertures on the
roof of the subject buildings.
Company will not accept responsibility for damage to roofing by other tradesmen such as
plumbers, electricians, air conditioning men, fumigators or painters, etc., or for damage caused
by foot traffic.
THE LIABILITY OF THE COMPANY HEREUNDER SHALL BE LIMITED IN ALL EVENTS TO THE
FOLLOWING:
(A) In a sum not to exceed $ T::.,hJ f<nn nn which excludes the cost
of tear off of old roof, woodwork or wood replacement, insulation whether installed by us or
existing and any preparations which may have been necessary to perform before installation
of new roofing materials.
(8) During the first year of the warranty period, the full amount stated in (A) above;
(C) For each successive year, after the first year of the warranty period, Company's
maximum liability shall be determined by multiplying the amount set forth in (A) above times
a percentage of the number of years remaining on the warranty contract, including the year or
fraction thereof in which the liability occurs, over the full term of the warranty period;
(D) For all repairs or service under this agreement, the Owner and Company shall bear
a proportion of the reasonable charge' for the repair or service; the Company's pro-rata re-
sponsibility shall be determined in the manner as the percentage set forth in (C) above, (not
to exceed the maximum), and the Owner shall be responsible for the balance.
(E) The Company and purchaser recognize that from the nature of the services to be
rendered, it is impractical and difficult to fix and determine the actual damages, if any, which
may proximately result from a failure on the part of the company to perform any of its obliga-
tions hereunder, ,whether due to the negligence of the Company or otherwise, and therefore, in
the event of a resulting loss to the beneficiary hereof, the Company's liability hereunder is and
shall be limited to a sum computed in the manner set forth above, and such sum shall be liqui-
dated damages, and not a penalty, and this liability of the Company shall be exclusive.
This warranty may not be changed or modified orally. No change or modification shall be
effective unless made by written endorsement hereon signed by an authorized representative of
BOB HILSON & COMPANY, INC.
In the event leaks from roofing should occur, owner shall notify Company promptly, con-
firming such notice in writing. Company will inspect the roof, and if cause of leak is within the
coverage as stated above, the Company will arrange for repairs to be made to the extent of its
liability set forth above. If cause of leak is not covered. Company will not be responsible for
cost of any repairs.
In the event leaks are not covered under the terms of this warranty, a reasonable service
charge for the inspection will be invoiced to the owner. The warranty will become null and
void if payment of service charge is not made within 30 days of the billing date.
COMPANY MAKES NO GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, EXCEPT
TATED.
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Certificate No.
BOB HILSON & COMPANY, INC.
Dated
By
OWNER
By
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1//<' NOV 2 3 1998
// BOB 1:. ?\<\~
H~~~ J~~~E!V~~\E}:
& COMPANY, INC. . Customer's Phone No. 305-'292-4306
Name: MARATHON LIBRARY e/o MOYlltoe County
BOB HILSON & CO. N., INC.
10460 S.W. 187 TERRACE
MIAMI, FLORIDA 33157
(305) 238-7699
FAX: (305) 238-3821
BOB HILSON & CO. S., INC.
300 ATLANTIC DRIVE
KEY LARGO, FLORIDA 33037
(305) 451-2927
FAX: (305) 451-4953
BROWARD: (954) 442-8955
COMMERCIAURESIDENTIAL
. REROOFING
ROOF REPAIRS
.. NEW ROOFING
METAL ROOFING
WATERPROOFING
ROOF MAINTENANCE
LICENSED & INSURED
VISA a MASTERCARD
ACCEPTED
SERVING
DADE
BROWARD
AND
FLORIDA KEYS
CC C057388
CG C013930
CC C041344
CB C038910
www.bobhilson.com
, ~\~ONROE COUNTY
CON3T'8~ Ir.Tlpn ~n^~.Ir,fiFMENT
CC #
STATE
CC CO 57397
RC 00 15630
LICtNSED AND INSURED
AGREEMENT
Date: Novembvr. 20, 1998
Pubue WOltk.,o V,[v-L6,[on
The undersigned property owners hereby authorize 808 HILSON & COMPANY, INC. to supply <.III materials and labor nl!cl!SS;lry
for the work specified below on premises located at
Lo t 81.
. City MaJLathon
Sub. P8 Page
County MOMOe State FlolUda
GENERAL SPECIFICATIONS: WHEN REROOFING-
REMOVE EXISTING ROOF TO SHEATHING OR A SMOOTH AND WORKABLE SURFACE.
Haul away debris - Premises to be left clean.
PREPARE THE FLAT SECTION AS PER ABOVE.
I I ru.,.taLe. l-fuljVL 06 RoM.n papVL.
In6taLe. l-layeJt 75# gl~~, nailed to code.
IIn6taLe. 1.5" Wte;tha.ne ~n.6CLta;Uon, J.>e;t ,[n a mopp~ng 06 hot Mpha.U..
Iru,~all 1/4" tapeJted eompo~de ,[n6ulaA.,[on.
Ir1.-6taLe. '2-pu~ gl~~ ply IVr ~oud mopped (;\),0th hot CL6ph~t.
1 VlAtall 1 -laljeJt 06 FR mocLt6ied bdumen ~ oud mopped (/Jdh hot Mpha.U..
In6taLe. net-v 6lCL6/~lng~ M ltequAAed U/.S,[ng n.-lbVted c.ant ~tJUp, 1-#75 glCL6~
b~e and I-FR mod,[n,[ed bdumen, J.>oud mopped ~t)uh hot Mph~t, .6tJUpped
and .6 eCLted.
SLOPED SECTION TO RECEIVE:
I~tatt l-tayeJt ASTM Type II 30 LB. 6ett, to building eode ~pe~6~eaA.,[0n.6.
InJ.>taLe. new '26 gauge, 3" 6aeed, galvan,[zed -ULon eav~ dJUp.
1 n6taLe. neLV '26 gaug e, galvarUz ed ,[Ito n "L" 6l~ h,[ng and ~tuc.c.o ~top, M
ltequ"iAed. Ru,tuc.c.o vo'[d above neL.t) .6,tucco ~top M nee~~a/ty. PWl1e
nw ~;tuc.c.o.
1 H~taLe. neL{) 6lM fUng~, ~ ltequAAed.
IrL6;taLe. l-layvr. #90 type 6ett, ~oud mopped toUh hot Mpha.U. and
baeknailed.
I ru,tall new ~tac.k 6l~rung~ on aLe. plumb,[ng pltO j emoru,.
1 n6taLe. neL{) Clay SparU.6h "s" tA.J..e, peJl. exA..-6ting eoun;ty appltova.l.6,
~e;t ,[n appltoved maJ.>:t,[e.
PlUee nolt teaJt066 a.nd ~Ly-,[n 06 .6loped a./tea ;U $15,960.00.
pJU,ce 60lt 6lat aJLea and ~J'L6taLe.aA.,[on 06 tA.J..e -L6 $55,040.00.
TOTAL CONTRACT PRICE: $71 ,000.00 ~cIEP y~ ~
**The above JLoo6~ng t.:)oltl<. ~w to /Lecuve a 6 ~"e ~ff.,Wl wniA.ed ~VCUlJtanty,
c.on~ equeYL-t{,a,f damag~ ex'duded, to be. -L6~ued upon eomple:Uol1. A c.opu
06 ~vluc.h ~ a;Uac.hed and made paM: 06 th-L6 c.orWLau.
NOTES ANV OPTIONS:
( 1) The lteJnovai. and Iteplac.emen.t 06 ltoUed Olt damaged lwnbvr. w~ be done
on a wne and matvUaR.. bCL6-L6, M PVt the ~tJoodwoltk. ctaUl.>e on lteveMe and
~ ad~uona.l to the corWLact p/u'ce.
(2) The above lto06,[ng t'JOltR. -L6 to Itec.uve the ~tandaJtd manu6actuJteJt' ~
(;vaJUtan;ty on the Ltle 1t006~lng.
CONTINUATION OF FRONT PAGE OF CONTRACT
Replacement of all rotted or damaged lumber is done strictly on a time and material basis of $.. 50.00
per man hour plus materials.
Any warranties made part of this contract will not be valid until entire contract is paid in full.
PRICE SUBJECT TO CHANGE AFTER 15 DAYS.
All for the sum of $__L~~QP.!..Jl{r._____'___.
Terms: ~Vepo/)il
45% Upon Vlly-In & Readinu/) naIL t:il..e
35L..Up-1ln_T d~ .JleLi..~.e!1Y
BALANCE IN FULL UPON COMPLETION
FOR FHA CONTRACTS ONLY
Total Cash Price
$
Less Down Payment
$
Principal Balance
$
Add Time Price Differential $
Time Balance
$
Purchaser agrees to pay tlwrcfore to seller a contract price of $------------, which is to be paid in --------
equal successivc monthly installmcnts of $ -..~_~-=-=-~ each commencing on the __=-=--day of =..::...:-_~_-==--~=-=-=-=;-_
19.:-.. "":."":, and continuinG on tile same day of each month thereafter until paid except the final installment which shall
be ttle balance due.
NOTICE TO BUYER
(l) Do not sign this contract bcforc you read it or if it contains any blank spaces.
(2) You are entitled to an exact copy of the contract you sign.
(3) You have the right to prepay this contract in full and, under certain conditions receive a partial refund of the
time price differentia I.
Executed in triplicate. one copy of which was delivered to, and receipt is hereby acknowledged by the buyer this
- - - - - - -=-..=- - - - day of :-: :-. - - - - - - - - - - - - - - - - - - -, 1 9. : _ -. - - -
In the event the amount of fee is not paid witllin ten (10) days at completion or as specified in writing on this contract
the account shall be in default. The acceptor of this agreement agrees to indemnify the company harmless from any
costs or expcnses incurred in the collection of the defaulted account, or any part thereof, including attorney's fees, and
further agrees that the cJuf"ultud account will boar intere sf at the maximum lawful rate of Ilj2 % per month, not
to cU((~Qed lS'x, pvr ygor. on tile Ullpaid blJlanCQ, In the .vent of any default Of this contract by owner or 118na8 for
owner-owner iJgrccs to pay all costs and reasonable attorney fees Incurred by BOB HilSON & COMPANY, INC. as
a result of said default.
All work is to bc pcrformcd in J workmiln-like manner and in accordance with established practice and local building
codes.
In the performance of this agreement BOB HILSON & COMPANY, INC., hereafter referred to as the Company, will not
be responsible for any damage c(Jused by scttlement, vibration, distortion, water intrusion, or failure of the foundation
on which salu roof sets or dilllliJge caused by hail, tempest. hurricanes, gale winds, unusual weather conditions, or
ach; of God, nor for any damages or delays due to strikes, fire, accidents, or other causes beyond our control, nor for
inherent defects in tile premises on which work is to be done. The Company will use caution when working; however,
except for proven negligcnce, the Company cannot be responsible for interior or exterior damage to building,
its contents or surrounding property including plaster (such as cracks, small pops or water damage), paint, furnishings,
personal belonginGS. Iilwns. shrubberies, sidewalks, drivewilYs, sprinkler systems, water lines, septic tanks or lines.
antennas. fiberglass or plastic roofs. screens or screen enclosures, pool, pool pumps, patios. washers. dryers. tools,
veil icle~. etc.
Except for tllc replacement of rotted or damaged wood wh ich is performed under the woodwork clause above, the
Company and the owner or its agent agree that this contr act and price are based on the belief that the structure on
which tllC work i~ to be performed is sound and built in accordance with local codcs. Should work be needed for it to
conform to the above the owner will be given the option to stop the work and pay for work performed to that point
or sign another agreement to perform tile needed work before the work under this contract can be completed.
Please be advised, in tile arc()s where you have open beam ceiling there may be light debris and small rocks sifting
through the sheathing bOiHds. Please take precautions to protect any items that you do not wish to be soiled.
Any loose objects 5hould b-c taken down or sccured.
Vehicles should not be left in earage or driveways while work is in progress.
Should the owner or tenant not be present a phone numbe r where he or she can be contacted, in case of emergency,
must be left with BOB HILSON & COMPANY, INC.
The Company will only prime coat that portion of the new wood that is exposed to the weather. In areas of stained
wood the new wood will be left unstained. The owner will be responsible for painting or staining any new wood.
We cannot assume responsibility for any damages done to the roof by plumbers, electricians, air conditioning men or
any other tradesmcn. or persons.
Owner to be responSible for notifying contractor as to the location ot septic tank.
Any alteration or deviation from the specification will become an extrCL, charge and must be agreed to in writing
by both parties.
This agreement constitutes the entire understanding of the parties, and no other understanding shall be binding unless
in writing and signed by both parties.
Approved and Accepted:
(X)
(Owner-Purchaser sign here)
B08 HIL" & COMPANY, INC. )
By IUY4fu~~
(Juthorilcd aGent only sign here)
(X)
(Owner-Purchaser sign here as agent for all owners)
~.allc:' ,1.1. "'............. __ .._........ ______ _ _.. _ _. _ __
EXHIBIT B
INSURANCE REQUIREMENTS
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 21
LLA8iL1TY INSURANC.= _~___u_u__ UA1r~/~'~,~'~"J l
I THJ3 CEnnr-lCAT= I~ JSS'J~;--~;~---\" '--~-rri-:i-.()-F-.:-~~).1~.L'TI0.\. --1
O~JLY A~JD COr~rER3 NO nIG:'~ rs U?,~~.~ T\.J;: CEH IlrlCATE:
HOLDER. THIS CE:fTlFJCA TE DOES NO r ,\ME~JO, EXTEtlD OR
AL rE:f TH~ COVER..\GE '\FF_9j~Q::_~lLIlj~~Oll(;lfS gEL~~
COM? A N I E S ,\ ,:" F 0,: ( :) I.' (8 C 0 \/ ~ rl ;\ C E
. - - .- -- --- --- - ---_._---
.4 1) ~
(' ~ C)-f1 Cl ('A'TE::.:: Ot:'-
.J '-! \ j 1 '..wI Co::
~ if
CORPO:1 ~ T E .~J5)( liIAH~G.=.~EHT
P. O. Bu.c 73'J
J,t e 1 bourn.
FL J29D2.07a~
CQMPNIY
A ASlurance Co. 01 Amerlc.
INSURED --
COMPNlY
B
Bob HIlson & Company, !no
.. 0460 S.W. 187th Terrac.
MiamI, FL 33157
COMP>>rf
C
Ct:>>AP N.ff
D
c.6YWGE$I:::j:II::MIt:;;tMJ@lt.WMMimlUJ.i.M1Mi.ijjiWKit@@tI:Il1MMMmMmMna;@mMiSmM[l@j@mIitI:::j:;:::::::::;Il@::;MMM~MmWMWJJTiJJtilillWMi:
A
THIS IS TO CERTIFY THAT mE POUC1ES Of INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOlWl'rnSTANOING AN( REQU I REM afT, TERM OR CONOlnON OF my CONTRACT OR OntER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUC1ES DESCRIBED HEREJN IS SUBJECT TO All THE TERMS.
EXCLUSIOOS AND CONDITIONS OF SUl H POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS
POLeY EFfECTIVE POltf .EXPf\A'OOH
DATE (MM,oONY) DATE (MMJDDIN)
10/01/98 I 10/01/99
co
LTR
1YPE OF HSURANCE
POltf NUUBER
LNITS
E CA2 0609203
GENERAl LlABLlTY
-
X COMMEHCW.. GENEJ\.AL llABlJJY
= ~ Q.AJMS UAOE [!J ~
CJNtVt"S & CC>>mVCTOO'S PROT
GENERAl N3GnEGA TE
PAOOUCTS - COMPIa' AQQ I
PERSOtW.. & mv ItUJRY s
EACH OCCURRENCE S
FIRE DAMAGE {My one 1\18) S
UfO DP (Arry one perOl) S
10/01/99 CC>>.cruNEo SJNOlE u.ur S
BOOL Y tUJRY I
(pel petlon)
BOOL Y IDJA'Y S
(pet accidenO
~ DAMAGE S
AUTO Ctl.. Y E.A ACCIDENT S
OTIirn THAN AUTO ON.. Y:
EACH ACCIDENT S
AOGREGA TE S
EAOi OCCURRENCE I
NJOR:OATE S
S
I T~y~T~ I I~
a. EAOf ACClOEHT I
a. OlSEASE - PCl.JCY LNIT I
a. OlSEASE EA EMPlOYEE I
A ~0M00l..E UABlJTY
~ mY AUTO
EC88717624
10/01/98
.AU. ONtIE.O AUTOS
-
_ SOiECXA.ED AUTOS
X HR:D AUTOO
-
~ ~O AUTOS
~ L1ABLfTY
i ffO~9YRIr1~~rr1M ;
" . -----1. J , . I \J IA 1 ~
I ~~ lU ~ })
tq - -_ f~l~iqT
i', ~_ :,TR: ~ .':1 /' ._
NN .AUTO
..., ~
~~~
I OTHER TliAN UMBREl.l..A FOOM
WORKERS COMPENSA~ AND
e.~_OYEPS L!AeUlY
........ '---- I r..,~ _
THE PRa'RETCPJ
PARTNERS,EXEClITNE
OfFICERS ME:
OTHER
R:x:
DESCRIPTION CE OPERA TIONSA..OCA TlONSNEHI<;t.ESISPECIAl ITEMS
Issued: 10/22/98 Board of County Commissioners for Monroe County is named as Additional Insured with respect to
Gen~ral Liability and Auto liability only. Additional Insured applies only to operations performed by the insured.
ReVIsed eOI: 11/12/98
s
2 000 000
2 000 000
1 000 000
1 000 000
300,000
10,000
1,000,000
2~~E~;~d~~Jill~~IM~~W~t]~~~~agB~~8SBWt0~J0St~m~B!~mjllG
SHOU-O NlY ~ THE NJOVE DESCRJ8EO Pa..K:Eg BE CANCal...EO BEf~ THE
~f\ATlOH DATE TliCP.COF. mE tSSUlNG C(:;I.M.'~Y wu. OiOCAVOA TO MAl..
~ DAYS WHlTlLN NOllO.: TO lH( CUHt !(Arl Ha-rxR NAMLO TO TK un,
BUT F AJ...lA: TO MAL SUCH ~ SHAll ....\)Sf NO 00 K;A ~ . CJ~ llAl>.l flY
cr .AI.{'( KINO UPON tHE C~ANY. rT~ A/JJ. ~i) ~l~ PHt:-; ~-T~TI\.1S)
l --:r-"'- __ _____
~;~:~~~,:=~L'f? 1\; / _.'. J / ".-/l(!)
C. /~. /,' /f/- /.~~. / f /.' '.....~
--v~ .' \l.../ v;~.. 'i-' "FH-~(;~;'~";,,~': '~)': ,~;~c__-,
~ - ,
Warst!'. en JJrp art
Attn: Bb.rt'Bf.
9400 Ove116~a Hwy. 1200
W~f.dhon FL.
33030
o ~ - . :::-. ::: ~- S : ~ ,I(". ;--
R'S~A-.~~~rL~~^'J~L:~~j~m~~~
;' y ;'.: ':::~":J:");;::'~i0P J -1 :k" ~L. .' ", 1. .~..'. _ :'i,;,m · r ~. , j ,'~'t-g?~J.~i"'f;..~~
~ ~~ ,'_:~~'i~.:t!."~~~::..L~~ U ,..,'h M,' ~;. ,.' . "'/ ~ ~ "~ I .' ~ftI~~;,.~K~~
,,=(.;" P.o. BOX 4907 · WINTER PAnK, FL 32793 . (407) 671-FRSA
1-800-767-3772 . FAX (407) 671-2520
CERTIFICATE OF INSURANCE
ISSUED TO:
Marathon Airport
9400 Overseas Hwy, Ste 200
Marathon FL 33050
Bob Hilson & Company, Inc.
10460 SW 187 Terrace
Miami FL 33157
...
ATTN:To Whom it may concern
Thisistocertifythat Bob Hilson & Company, Inc.
10460 SW 187 Terrace
Miami FL 33157
..'
being subject to the provisions of the Florida Workers' Compensation Act, has secured the payment of
compensation by insuring their risk with the FLORIDA ROOFING, SHEET METAL & AIR CONDITIONING
CONTRACTORS ASSOCIATION SELF INSURERS FUND.
EXPIRATION DATE:
870-008328
01/01/98
01/01/99
LIMITS
Workers' Compensation Statutory - State of Florida
\ /
COVERAGE NUMBER:
EFFECTIVE DATE:
Employers' Liability
$100,000 - Each Accident
$100,000 - Disease, Each Employee
$500,000 - Disease, Policy Limit
..
REMARKS: Non-cancelable without 30 days prior written notice.
Additional location insured: 300 Atlantic Drive
Key Largo, FL 33037
Qualifiers: Mark A. Zehnal-CCC041344,CBC 038910,
Robert B. Hilson - CC C017513, Gonzalo C. Arostegui - CG C013930
Bradley R. Farinelli-CCC057397, Tibor Torok-CCC057388
This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate
shall be constructed as extending coverage not afforded by the policy(ies) shown above or as affording
insurance to any insured not named above.
DATE:
10/??/9R
By: a~~d6ZL--- ~
Tom e, Administrator
FRSA-SIF
.
"~ "'rn'~0V p 71~K ;~M' 'f
y " I\., ~ _. ~ }~ J Z ')
u - -r--"--~\ I "":;--(" ') ... 1"~ ,/'
{ I .- ( ( X
D,.~:E __ ___\ 3J f t \
By:
AJ
1 ~ ~
//
,. '.'r('l .____
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Marathon Library Re-Roofing
BETWEEN
MONROE COUNTY, FLORIDA
AND
Bob Hilson & Company, Inc.
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Administrative Instruction
#4709.3
GL1
GEN_LIAB.DOC
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Marathon Library Re-Roofing
BETWEEN
MONROE COUNTY, FLORIDA
AND
Bob Hilson & Company, Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
Administrative Instruction
#4 709.3
VL1
VEH_L1AB.DOC
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: Marathon Library Re-Roofing
BETWEEN
MONROE COUNTY, FLORIDA
AND
Bob Hilson & Company, Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details
on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the contractor may be required to submit updated financial statements from the fund upon
request from the County.
Administrative Instruction
#4709.3
WC1
WRK_COMP.DOC