10/21/1998 Contract
.ann!' 'I.. J101bagt
BRANCH OFFICE
3117 OVERSEAS ffiGHWAY
MARA mON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 219-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO:
Dent Pierce
Director of Public Works
FROM:
Attention: Desiree Peacock, Engineerina
Ruth Ann Jantzen~ Deputy Clerk 4 ·
April 14, 1999
DATE:
L"._ ... ""'IP::I . "IIiII____.
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-----------------------------------------
On October 21, 1998, the Board of County Commissioners granted approval to
negotiate and enter into a contract between Monroe County and Florida Keys Aqueduct
Authority,and B " L Beneway,Inc., for construction of culverts in JoUy Rogers &tates
Subdivision, pending legal review.
Enclosed please rmd a fuUy executed duplicate original of the above contract for
return to B & L Bene way .
H you have any questions concerning the above, please do not hesitate to
contact this office.
Enclosure
cc: County Attorney
Fmance
County Administrator, w/o document
File
SECTION 00500
FIXED PRICE CONTRACT BETwEEN OWNER AND CONTRACTOR
THIS AGREEMENT is made by and between Monroe County, 5100 College Road, Stock Island,
Key West, Florida 33040, and Florida Keys Aqueduct Authority (FKAA), P.O. Box 1239, Key West, FL
33041-1239, (hereinafter referred to as "owner") and B & L Beneway, Inc. (hereinafter referred to as
"contractor") for construction of Jolly Roaer Estates Culvert Construction, Little Torch Key, the
specificatio~ns and engineering drawings for which are attached and incorporated into this contract
as Exhibit A (hereinafter referred to as the "Project"), the owner and the contractor hereby agreeing
as follows:
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1.1. 1 The contract between the owner and the contractor, of which this ag~~nt ~ a palrt,
consists of the contract documents. It shall be effective on the date this agree~~xe~ute~y
the last party to execute it. ~ ~ .. ~
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1.2 The IContract Documents
1 .2. 1 The contract documents consist of this agreement, the Request for Bid, the Conditions of the
Contract, the General Requirements, the Technical Specifications, the drawings provided by the
Contractor, all change orders, any addenda and field orders issued hereafter, any other
amendments hereto executed by the parties after the execution of this Agreement. Documents not
enumerate(j in this paragraph 1 .2.1 are not contract documents and do not form part of this
contract.
ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
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 bid
documents and all prior written or oral communications, representations and negotiations, if any,
between thl8 owner and contractor.
1.4 No Privity 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 th10t may be required, implied or inferred by the contract documents, or anyone or more
of them, as necessary to produce the intended result shall be provided by the contractor for the
contract prk:e.
1 .5.2 This c:ontract is intended to be an integral whole and shall be interpreted as internally
consistent. 'Nhat is required by anyone contract document shall be considered as required by the
County COrYlmissioners, and FKAA Board of Directors.
1 .5.3 When a word, term or phrase is used in this contract, it shall be interpreted or construed, first,
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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 followeej 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 contrae:t documents, the shop drawings and the product data and shall give written notice to
the owner ()f 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 (]pproval by the owner 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.
1 .5.8 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 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 c:ontractor 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 and design of the whole
project; furnishing of any required surety bonds and insurance; and the provision or furnishing of
labor, supervision, services, materials, supplies, equipment, fixtures, facilities, tools, transportation,
storage, pO'Ner, the payment of any applicable sales and use taxes; royalties and product license
fees; permits and licenses required of the contractor, fuel, light and all other utilities as required by
this contract. The work to be performed by the contractor is generally described as follows: JQ1ti
Roaer Estat€~s Culvert Construction
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ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1 .1 The contractor shall commence work to be performed under this Contract no later than ten
(10) calendlar days from Notice to Proceed and shall be substantially completed no later than ninety
(90) calendar days from the Commencement Date. The Contractor also agrees to be complete and
ready for final payment in accordance with the General Conditions no later than thirty (30) calendar
days from the Substantial Completion Date.
3. 1.2 The ()wner and the Contractor recognize that time is of the essence in this Contract and that
the Owner 'will suffer financial loss if the Work is not completed within the times specified above, plus
any extensk)ns of time allowed in accordance with the General Conditions. They also recognize the
delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring such proof, Owner
and Contractor agree that as liquidated damages for delay ( but not as a penalty) Contractor shall
pay Owner two-hundred dollars ($200.00) for each day that expires after the time specified above
for Substantial Completion until the Work is substantially complete.
3. 1 .3 ThE~ Owner and Contractor agree that work on the project will be continuous from the
commenc€'ment date through to the completion date. Any demobilization once work has started
requires pric>r approval by the Owner.
3.2 Substantial Completion
3.2.1 "Sut>stantial 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. Substantial Completion
shall be determined by the County Engineer.
3.3 Time is of the Essence
3.3.1 Alllirnitation of time set forth in the contract documents are of the essence of this contract.
ARTICLE IV
CONTRACT PRICE
4.1 The C:ontract Price
4. 1 .1 The ()wner shall pay, and the contractor shall accept, as full and complete payment for all of
the work required herein, the fixed sum of $90,350.00 (Monroe County oortion $74,750.00, FKAA
oortion $15,600.00). 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.
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 County Engineer a schedule of values allocating the contract price to the various
portions of tl1e work. The contractor's schedule of values shall be prepared in such form, with such
detail, and supported by such data as the County Engineer 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
County Engineer and the owner.
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5.2 Payment Procedure
5.2.1 The owner shall pay the contract price to the contractor as provided below.
5.2.2 Pro~~ress Payments-Based upon the contractor's applications for payment and upon
certificates for payment subsequently issued to the owner, the owner shall make progress payments
to the contractor on account of the contract price.
5.2.3 Thirty days after commencement of the work, and every thirty days thereafter until
completion of the project, the contractor may submit an application for payment to the County
Engineer in such form and manner, and with such supporting data and content, as the owner or the
County Engiineer may require. Therein, the contractor may request payment for ninety percent (90%)
of that portion of the contract price properly allocable to contract requirements properly provided,
labor, matE~rials and equipment properly incorporated in the work plus ninety percent (90%) of that
portion of tl1e contract price properly allocable to materials or equipment properly stored onsite (or
elsewhere i1f approved in advance in writing by the owner) for subsequent incorporation in the work,
less the tote]1 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 accordclnce with this contract, and that the contractor knows of no reason why payment should
not be macfe as requested. Thereafter, the County Engineer 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 County Engineer shall determine and certify to the owner the amount properly owing
to the contractor. The owner shall make partial payments on account of the contract price to the
contractor within twenty (20) days following the receipt by Monroe County Engineer, of each
application for payment. The amount of each partial payment shall be the amount certified for
payment by the County Engineer 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 County
Engineer's e:ertification of the contractor's application for payment shall not preclude the owner
from the eXE~rcise of any of its rights as set forth in paragraph 5.3 hereinbelow.
5.2.4 The <:ontractor 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 ()r any other person or entity whatsoever.
5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the
contractor ()n 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 pc)yment 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 paragral:Jh 5.2.5 must appear in all contracts between the contractor and its subcontractors.
5.2.6 No ~)rogress 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
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de~and 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) claims of third parties against the owner or the owner's property;
(c) failure by the contractor to pay subcontractors or others in a prompt and proper
fashion;
(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 ~)aid by the owner as contemplated in this subparagraph 5.3. 1, the contractor shall
promptly cc)mply with such demand.
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 pClyable to the contractor, then the contractor may after seven (7) additional days' written
notice to th'e owner and the County Engineer, and without prejudice to any other available rights or
remedies it rnay 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 writt~3n notice that the project is ready for substantial completion inspection. The County
Engineer, on the basis of contractor's notice, shall determine that the work is in fact substantially
complete. The County Engineer will prepare a certificate of substantial completion which shall
establish th~3 date of substantial completion, shall state the responsibilities of the contractor for
project security, maintenance, 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 ovvner 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 (100%) of the contract price less five percent (5%) retention and less three hundred percent
(300%) of the reasonable cost as determined by the owner and the County Engineer for completing
all incomplE~te work, correcting and bringing into conformance all defective and nonconforming
work, and h()ndling all unsettled claims. The certificate of substantial completion shall not be signed
by the County Engineer 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
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shall notify the owner thereof in writing. Thereupon, the County Engineer will make final inspection of
the work and, if work is complete in full accordance with this contract and this contract has been
fully perforrned, the County Engineer 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 County Engineer is
unable to issue its final certificate for payment and is required to repeat its final inspection of the
work, the (;ontractor shall bear the cost of such repeat final inspection(s) which cost may be
deducted t)y the owner from the contractor's final payment.
5.6.1.1 If thls contractor fails to achieve final completion within the time fixed therefor by the County
Engineer in its certificate of substantial completion, the contractor shall pay the owner the sum of
two-hundre'd dollars per day 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 h€~reunder by the contractor shall be payable, not as a penalty, but as liquidated damages
representin!;l an estimate of delay damages likely to be sustained by the owner, 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 Clmounts 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 pClyment, 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 County
Engineer 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 ~)aid or otherwise satisfied; releases and waivers of lien from all subcontractors of the
contractor and of any and all parties required by 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 The ()wner shall make final payment of all sums due the contractor per Section 01027 of the
Technical S~)ecifications Project Manual.
5.6.4 Acc<<~ptance of final payment shall constitute a waiver of all claims against the owner by the
contractor E~xcept 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 ()wner 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. Su<:h 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.
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6.1.2 Excluding fees normally the responsibility of the contractor, the owner shall obtain all permits,
approvals, easements, and the like required for construction and shall pay for necessary assessments
and charg<<~s required for construction, use or occupancy of permanent structures or for permanent
changes in existing facilities.
6.1 .3 The owner shall furnish the contractor, free of charge, ~ copies of the contract documents
for executic)n of the work. The contractor will be charged, and shall pay the owner,
$ 25.00 per additional set of contract documents which it may require.
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. If the unpaid portion of the contract
price is insu1:ficient 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 contrac:tor performs any of the work knowing it involves a recognized error, inconsistency or
omission in the contract documents without such notice to the County Engineer, the contractor shall
bear responsibility for such performance and shall bear the cost of correction.
7.2 The c:ontractor shall perform the work strictly in accordance with this contract.
7.3 The c:ontractor 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, iits employees and others engaged in the work on behalf of the contractor.
7.4 Warranty
7.4.1 The (:ontractor warrants to the owner that all labor furnished to progress the work under this
contract wiU 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 pE~rmitted 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 (;ontractor shall obtain and pay for all fees and licenses necessary and ordinary for the
work. The c::ontractor shall secure and pay for all 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 the time bids are received. The contractor shall comply with all lawful
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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 County Engineer.
7.6.2 Key supervisory personnel assigned by the contractor to this project shall be furnished in
writing at the preconstruction meeting.
7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the owner
and the Cc)unty Engineer 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
County Engineer. 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
County Englineer, one record copy of this contract marked to record on a current basis changes,
selections clnd modifications made during construction. Additionally, the contractor shall maintain
at the site for the owner and the County Engineer 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 Sho~) drawings, product data, samples and other submittals from the contractor do not
constitute c:ontract 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 do'cuments.
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 County Engineer. Approval by the County Engineer, 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 <:ontractor shall keep the site reasonably clean during performance of the work. Upon
final complE~tion 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 County Engineer shall have access to the work at all times from
commencernent of the work through final completion. The contractor shall take whatever steps
necessary tC) provide access when requested.
7.12 Indemnity
7. 12. 1 To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the
owner from and against liability, claims, damages, losses and expenses, including attorneys' fees,
arising out of or resulting from performance of the work. provided that such liability. claims. damage,
loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible ~)roperty (other than the work itself) including loss of use resulting therefrom, but only to
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the extent caused in whole or in part by negligent acts or omiSSions of the contractor, a
subcontrac'tor, anyone directly or indirectly employed by them or anyone for whose acts they may
be liable, rE~gardless of whether or not such liability, claim, damage, loss or expense is caused in part
by a party indemnified hereunder. The indemnification required by this paragraph 7.12 is
independent of the contractor's obligation to purchase the insurance described in Article XIII and is
not limited ()r modified by the terms of those insurance policies.
7.12.2 In cllaims 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 (] limitation on amount or type of damage, compensation or benefits payable by or for
the contrac:tor or a subcontractor under workers' compensation acts, disability benefit acts or other
employee t)enefit acts.
7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall hold the
owner and County Engineer 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 d43sign, 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 County Engineer.
ARTICLE VIII
CONTRACT ADMINISTRATION
8.1 Claims by the Contractor
8. 1 . 1 All c:ontractor claims shall be initiated by written notice and claim to the owner and the
County En~Jineer. 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.
8. 1 .2 Pen(jing final resolution of any claim of the contractor, the contractor shall diligently proceed
with perfornlance 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 8.1 shall be
reflected by a change order executed by the owner, the County Engineer and the contractor.
8.1.3 Clairns 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 County Engineer written notice of such claim within three (3) days after the occurrence of
the event, ()r 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. 1 .3. 1 In c()nnection 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
consequentiial 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.
8.1.4 Clain1s 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 negle,ct 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
11/13/98
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 9
substantial completion of the work shall be extended upon the written notice and claim of the
contractor to the owner and the County Engineer, for such reasonable time as the County Engineer
may deterrnine. 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 8.2.4 or other paragraphs.
8.2 Fiel(~ Orders
8.2.1 The County Engineer 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.
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 E~ntities 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 b1Y 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, re'visions, or any combination thereof, may be ordered without invalidating this contract,
by change ()rder or by field order.
10.1.2 Changes in the work shall be performed under applicable provisions of this contract and the
contractor slhall 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
County Engineer, issued after execution of this contract, authorizing and directing a change in the
work or an (ldjustment in the contract price or the contract time, or any combination thereof. The
contract pric:e and the contract time may be changed only by change order.
10.3 Changes in the Contract Price
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00500 - 1 0
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 nc> mutual agreement occurs between the owner and the contractor as contemplated in
subparagrclph 10.3. 1 above, the change in the contract price, if any, shall then be determined by
the County Engineer 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 5%, and profit 5%.
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 \^/iII 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 County Engineer 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 O\Nner and the contractor. The contractor shall promptly carry out such written field orders.
10.5 Effec:t of Executed Change Order
10.5. 1 The execution of a change order by the contractor shall constitute conclusive evidence of
the contrac:tor's agreement to the ordered changes in the work, this contract as thus amended, the
contract prrce and the contract time. The contractor, by executing the change order, waives and
forever relec:Jses any claim against the owner for additional time or compensation for matters relating
to or arisingl 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 co,nsented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 Uncc)vering Work
11.1.1 If any of the work is covered contrary to the County Engineer's request or to any provisions of
this contract, it shall, if required by the County Engineer or the owner, be uncovered for the County
Engineer'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 County Engineer or owner, be uncovered for the County Engineer'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.
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11.2 Correcting Work
11 .2. 1 The contractor shall immediately proceed to correct work rejected by the County Engineer
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.
11 .2.2 If within one (1) year after final completion of the work any of the work is found to be
defective ()r not in accordance with this contract, the contractor shall correct it promptly upon
receipt of vvritten 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 extendE~d by the period of time which elapses between substantial completion and completion
of the subje.ct 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 th4~ 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, I~ay 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 wc)rking directly or indirectly for the contractor, the contractor may, upon ten (10) days'
written noti<:e to the owner and the County Engineer, 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 County Engineer and the owner. In such event, the contractor shall be entitled
to 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 C'onvenience:
12.2.1 .1 The c)wner 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
11 /13/98
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 1 2
contractor specifying when termination becomes effective.
12.2.1.2The 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 c)utstanding 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 c:ontractor's rights, title and interest under terminated orders or subcontracts to the owner
or its designee.
12.2. 1 .3The 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 Ihas.
12.2.1.4(a) The contractor shall submit termination claim to the owner and the County Engineer
specifying the amounts due because of the termination for convenience together with costs, pricing
or other delta required by the County Engineer. 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 contrac:tor 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 pH)fited or would have sustained a loss if the entire contract would have been completed,
no profit shc]1I be allowed or included and the amount of compensation shall be reduced to reflect
the anticipolted rate of loss, if any;
(Hi) Reasonable costs of settling and paying claims anslng out of the
termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph. These
costs shall n()t include amounts paid in accordance with other provisions hereof.
The total sum to be paid the contractor under this subparagraph 12.2. 1 shall not exceed the
total contra.ct 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 C:ause:
12.2.2. 11f the contractor persistently or repeatedly refuses or fails to prosecute the work in a timely
manner, su~)ply 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, c>r 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 thl9 work by whatever methods it may deem expedient. In such case, the contractor shall
11/13/98
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 1 3
not be entitled to receive any further payment until the work is finished.
12.2.2.2If the unpaid balance of the contract price exceeds the cost of finishing the work, 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.
12.2.2.3In the event the employment of the contractor is terminated by the owner for cause pursuant
to subpara~;;}raph 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
convenienc:e under subparagraph 12.2.1 and the provisions of subparagraph 12.2.1 shall apply.
ARTICLE XIII
INSURANCE
13.1 The iinsurance required under this contract is set forth in Section 00900 of the Project Manual.
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FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 1 4
ARTICLE XIV
MISCELLANEOUS
14.1 GO'lerning 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 Succ:essors 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 c:ovenants, agreement and obligations contained in this contract. The contractor shall
not assign this contract without written consent of the owner.
14.3'< Surety Bonds ~
14.3.1 ~tor shall . the public
Section 255.05, Flo~tes.
/VA. d~
nstruct~tn~ah~s~n
14.4 Public: Entity Crime Statement
14.4.1 A pE~rson or affiliate who has been placed on the convicted vendor list following a conviction
for public e.ntity 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 aw(]rded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract wi"th any public entity, and may not transact business with any public entity in excess of the
threshold arnount 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.
14.5 Tren4:h Safety
14.5.1 If a~)plicable to the project, the contractor shall comply with all relevant provisions of the
Trench Safety Act (Secs. 553.60-553.64, Fla. Stat.).
14.6 Contingency
14.6.1 Monroe County's performance and obligation to pay under this contract is contingent upon
an annual olppropriation by the Board of County Commissioners.
14.7 Effective Date
14.7.1 This c:ontract will take effect on the date of the Notice to Proceed.
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FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 1 5
IN 'NITNE$S WH'EREOF, each party has caused this Agreement to be executed
by its dul'y' authorized representative this ~I cit- day of O~A J , 1998.
FLORIDA KEYS AQUEDUCT AUTHORITY
/:/ '
By: ~" )
. 0 In T. Doug
Date
L
~
(SEAL)
Attest: .
/' . ,
Do e:
Approvecj as to Form and Legal
Sufficiency: ~ . ._
By: /,)(7 i;tL-
R6bert T. Fe aman,
FKAA General Counsil
Approved as to Form and Legal
Sufficiency:
By:
~"" 't(,~
.~~ MICHELLE BROWNLEE
~ ~. ~ MY COMMISSION # CC 780833
"'1- Of f\~~ EXPIRES: 1010512002
1-800-3-NOTARY Fla. Notary Services & Bonding Co.
77?~~J/~
(SEAL)
Attest:
Date:
--..--..--..--..--..--..--..--..--..
END OF SECTION 00500
11 /13/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
00500 - 1 6
B & L BENEWAY, INC
1865 OVERSEAS HWY.
MARATHON, FL 33050
PHONE 305-743-4394 FAX 305-743-4294
October 5, 19~~8
Jolly Rodger E:states
Culvert Construction
Uttle Torch Key
Monroe Coun~YJ FL 33070
Exhibit 'A'
Job Scope:
Install 610 inches reinforced concrete pipe culvert from north canal to south canal at
crossin~J #1 and #2.
Install stainless steel. grates each end of culvert.
60 inchas reinforced concrete pipe to be installed with top 6 inches above MHW line.
60" cuhlert to be encased with Ingot Rock from 6 inches below to 6 inches above
culvert.
Road rock to be installed from Ingot Rock to bottom of existing asphalt.
Road rOlck to be compacted to 98%.
Ends of 60 inch culvert to be rip rapped with concrete bags as required to prevent
erosion.
Clear arId grub as required.
One lane of traffic to be maintained during day with a flag person. Two lanes to be
open each night.
Open trE~nches to be fenced off at night and left in safe condition.
Asphalt to be milled back 1 foot from trench side and new asphalt to match in
thickness.
No bondl will be requ.ired.
Water mains to be relocated as required by the FKAA.
Turbidity barriers to be placed at both north and south canals to prevent silting.
, . -, .
, 'r"'~:""f I
Ilage 1
PRODUCER
Davi.Baldwln, 'nc.
P.O. Box 25277
Tampa, Florida 33622
....... . -.., " ...... .......- ~
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DATE
1/5/99
THIS CERTIFICATE IS ISSUED AS A MA TTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE
~f}&ERTH~~~~T:~~o~~ :~~"eM~~~C~D
COMPANIES AFFORDING COVERAGE
C~ANY Hartford Casualty Insurance
~. ACORDru
813-287-1936
INSURED
ADP TotalSource III, Inc.
5800 Windward Parkway
Alpharetta, GA 30005
COMPANY
B
COMPANY
C
INDICATED, NOlVtllTHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT \NITH RESPECT TO WHICH THIS
CERnFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DesCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONomONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
CO
LTR
'TYPE OF INSURANCE
POUCY NUMBER
UMfTS
GENERAL LlABIUTY
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MED EXP (Any one ....,) S
EXCESS LlASIUTY
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.
04101/1998
04101/1999
THE PftOPfltIETOAI
PAItTNERMXECUTIVE
OfIACERS ARE:
INCL
EXCL
OTHER
,
DESCRIPnON OF OPERA nONSlLOCA nONSNEHICLESlSPECIAL ITEMS
For those employees leased to B&L BENEWA Y, INC.
FROM ADP TotalSource III, Inc.
PROJ NAME: THE Lln-LE TORCH JOLLY ROGER CULVERT JOBIBROAD FORM ALL STATES COVERAGE ENDORSEMENT
MONROE COUNTY BOARD OF COMMISSIONERS
ENGINEERING DEPARTMENT ROOM 508
5100 COLLEGE ROAD " n
KEY WEST. FLORIDA 33040 'j;.T'::~- ....... {
SHOULD AWl OF 1'HE AllOW nacRI8ID POLICIU _ CANCELLeD BEFORE THE
EXPIRAnON DATE TH8RI!OF, 1MI! ISSUING COII1PAWI WILL ENDEAVOR TO MAIL
30
- DAYS WRITTEN NOnCETO THECEJmF1CATEHOLOI!RNAMEDTO THE LEFT.
BUT FAILURe TO MAIL SUCH NOnce SHALL IMPOSE NO OIIUGA lION OR LlA81UTY
OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTA llVES.
AUTHORIZED REPRE ENTA nVE
ACORDru
.... -..; ~-....- .. .,.-
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,,_. - -'. ~ . " . . . " '" > ~
DATE
1/5/99
THIS CERTIFlCAre IS ISSUED AS A MA TTER OF INFORMA liON
ONLY AND CONFERS NO RIGHTS UPON THE
~TH~~~ W~EM~lQc'r~JEND
C MPANIES AFFORDING COVERAGE
C~ANY Hartford Casualty Insurance
PRODUCER
DaviaSaldwin, 'ne.
P.O. Box 25277
Tampa, Florida 33822
813-287-1936
INSURI!D
AOP TotalSource III, line.
5800 Windward Parkway
Alpharetta, GA 30005
COfIIIIANY
B
COMPANY
C
INDICATED, NOTWmfSTANDlNG ANY REQUIREMENT, TERM OR CONomON OF ANY CONTRACT OR OTHER DOCUMENT'MTH RESPECT TO WHICH THIS
CERnFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
EXCLUSIONS AND CONomoNS OF SUCH POUCIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POUCY NUMBER POLICY POLICY IXPIM UMITS
LTR OAft(MIMDVY) DA'I1!(IIMDYY)
GENERAL UA8IUTV GEHEIW.. AGGREGATE S
COWERCIAl. GENERAL UA8 PRODUcTS . COMPIOP .
CLANS MADE 0 OCCUR PERSONAL & NN INJURY .
OWNEfrS & CONTRACTOR'S PRO EACH 0CCURMHce .
FIAI! DAMAGE (Any one fiAt S
MED EXP (Aftv one .-.on) S
AUTOM08I.E LIABLITY COM8MD SIG.E LIMIT
S
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ALL OVVNED AUTO:S IIPJ:i Y INJURY S
SCHEDULED AUTO,S \' ....)
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NON-OVVNED AUTCtS
\,"dVER: i'-, .. PROPERTY DAMAGE S
AUTO ONI.. Y - EA At; S
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EACH At;CIDENT S
AGGREGATE S
EXcess UA81UTY EACH OCCUftRENCE .
UMBRELLA FORM AGGREGATE S
OntER THAN UM8RELLA FORM S
A WOIU<I!In COIIPI!NMTION AND ........
BlPLOftRS' UA8IUTY 21WNJ73500 04101/1998 a EACH ACCIDENT
THE~ON INCl EL DI8I!AIE . POlICY lNIT S
PARTNII!RMDCECUTIVE
0fIfIICERa ARE: EXCl El DIIEAIE - EA EWLOYE .
OTHER .-
DESCRIPnON OF OPERA nONSlLOCATIONINEHlCLESlSPECIAL ITEMS
For those employees .ued to B&L BENEWA V, INC.
FROM ADP TotaJSource III, Inc.
PROJ NAME: THE LITTLE TORCH JOLLY ROGER CULVERT JOBlBROAD FORM ALL STATES COVERAGE ENDORSEMENT
MONROE COUNTY BC)ARD OF COMMISSIONERS
ENGINEERING OEPAFtTMENT ROOM 508
5100 COLLEGE ROAD , \
KEY WEST. FLORIDA 33040 ~;.T2-W- 0