Loading...
10/20/1994 Contract SECTION TWO CONTRACT THIS .~GREEMENT, made and entered into this 20th day of OctobeJr, 1994, A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner'" ), and D & V Commercial AIC, Inc., party of the second part (llereinafter sometimes called the "Contractor"). WITNES~3ED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 2.01 SCOPE OF THE WORK TIle Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work described in the Specification erlti tIed: CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES :; \d.11 UP TO AND INCLUDING BIG PINE KEY 2'~ ~ _ MONROE COUNTY, FLORIDA ~r~~ ~ 2~r S CJ and his bid dated September 26 I 1994 I attact~~d her~fo a!ij.:I irlcorporated as part of this contract docum~tO,. ancP\ shaI~1 do everything required by this Contract and Q~her C~trq~t Dc)cuments. N c-:: 2.02 THE CONTRACT SUM A " ~: -7) TtLe Owner shall pay to the Contractor for the fai thful performance of the Contract, in lawful money of the United States, as follows: A. Thle actual cost of parts and materials plus 35% used by thle Contractor to fulfill the obligations of the CCtntract. The Owner may request that such costs be documented with sales slips, invoices, or other acceptable proof of purchase at his discretion. B. The cost of labor and equipment used by the Contractor to fulfill the obligations of the Contract. The labor and equipment costs will be calculated using the uni t prices set forth in the CONTRACTOR'S bid as follows: 1 · Labor normal working. hours of 8 : 00 a. m. to 5: 00 p.m. Monday through Friday, excluding holidays - $50.00 per hour, mechanic $68.00 per hour, mechanic plus helper 2. Labor - overtime rate for hours other than the normal working hours as stated in Article 2.02B-1, including holidays $50.00 per hour mechanic $68.00 per hour, mechanic plus helper 2-1 SllCh costs ma.intenance Pc~yment . must be job and documented for each repair and/or included with all Applications for C. Tlle total contract sum shall not exceed Fifteen Thousand Dollars ($15,000.00) per year. 2.03 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. AllY ambiguity or uncertainty in the Specifications shall bE~ interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. B. Tile passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work; and the Owner may require the Contractor and/or his surety to rE~pair, replace, restore, and/or make to comply strictly and in all things with the Contract and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the Specifications. This provision shall not apply to materials or equipment nc)rmally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. Failure on the part of the CCtntractor and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials anld workmanship shall entitle the Owner, if it sees fit, tel replace or repair the same and recover the reasonable cost of such replacement and/br repair from the Contractor and/or his surety, who shall in any event be jointly and se~verally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply st,rictly and in all things wi th this Contract and wi th the Sp~eci f ications . 2.04 LIQUIDATED DAMAGES Time is of the essence of this Contract and should the Contractor fail to complete the emergency repairs within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Fifty Dollars ($50.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete work 2-2 wi thin the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of d1amages sustained by the Owner in the event of such default by the Contractor. 2 . 05 PJ~YMENTS IJn accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: The County shall pay to the Contractor for the performance of said service on a per month in arrears basis. The C()ntractor shall invoice the County monthly for central air conditioning maintenance and repair services performed under the Specifications contained herein. TIle OWNER will, wi thin ten days after receipt of each al~plication for payment, ei ther process payment or return tIle application to the CONT~ACTOR indicating in wri ting tIle OWNER I S reasons for refusing to recommend payment. In tile latter case, the CONTRACTOR may make the necessary c()rrections and resubmi t the application. Thirty days after presentation of the application for payment with the OviNER I s recommendation, the amount recommended will become due and will be paid to the CONTRACTOR. 2.06 TERM OF CONTRACT/RENEWAL A. Ttlis contract shall be for a period of one ( 1) year, cCHnmencing on the day first written above. B. TI1e Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two adldi tional one year periods. The contract amount agreed to herein may be adjusted annually in accordance with the pE~rcentage change in the Consumer Price Index (CPI) for Walge Earners and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the pr'evious year. Increases in the contract amount during ea,ch option year period shall be extended into the succeeding years. C. Ei ther of the parties hereto may cancel this agreement with or without cause by giving the other party sixty (60) days written notice of its intention to do so. 2.07 HOLD HARMLESS The Contractor shall defend, indemnify and hold the County Harmless as indicated on form IND1. 2-3 2.08 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an elmployee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be c()nstrued so as to find the contractor or any of his/her employees, contractors, servants, or agents to be elnployees of the Board of County Commissioners for Monroe C4)Unty. 2.09 ASSURANCE AGAINST DISCRIMINATION Tlle CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, a~}e, or any other characteristic or aspect which is not j()b related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under tllis agreement or with the provision of services or goods under this agreement. 2 . 10 A~)SIGNMENT The CONTRACTOR shall not assign this agreement, except in wl:-i ting and wi th the prior wri tten approval of the Board of County Commissioners for Monroe County and CONTRACTOR, wtlich approval shall be subject to such condi tions and provisions as the OWNER and CONTRACTOR may deem necessary. This agreement shall be incorporated by rE~ference into any assignment and any assignee shall comply with all of the provisions of this agreement. Unless expressly provided for' therein, such approval shall in no manner or event be deemed to impose any obligation upon the OWNER in addition to the total agreed-upon price of the services/goods of the contractor. 2.11 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agrreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this ag'reement and shall enti tIe the OWNER to terminate this contract immediately upon deli very of wri tten notice of termination to the contractor. 2.12 INSURANCE Upon execution of this agreement, the CONTRACTOR shall furnish the OWNER Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the 2-4 attached forms identified detailed on forms WC1, each attached hereto and contract document. as INSCKLST GL 1 , VL 1 , incorporated 1-4, as further GIRl & GIR2, as part of this 2.13 FUNDING AVAILABILITY In the event that funds from Facilities Maintenance C'ontractual Services are partially reduced or cannot be o:btained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified h~erein, this agreement may then be terminated immediately at the option of the OWNER by written notice of termination delivered in person or by mail to the cc)ntractor. The OWNER shall not be obligated to pay for alrlY services provided by the contractor after the contractor has received written notice of termination. 2 . 14 pr~OFESSIONAL RESPONSIBILITY T]le CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities encompassed by tIle project herein described, subject to the terms and conditions set forth in the Public Works Specification Manual entitled "Central Air Conditioning Repair for Lower Keys Facilities/From Key West up to and including Big Pine KE~Y", which is attached hereto and incorporated herein as a part of this contract/agreement. The provider shall at all times exercise independent, professional judgement and shall assume professional responsibility for the services to be provided. Continued funding by the OWNER is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of cc)ntractor. 2.15 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pI~epaid, to the other party by certified mail, returned receipt requested, to the following: FCtR COUNTY Monroe County Public Works 5100 College Road Key West, FL 33040 FOR CONTRACTOR D & V Commercial AIC, Inc. 311 Margaret Street Key West, FL 33040 2-5 IN WITNESS WHEREOF the parties hereto have executed this Agree- ment on the day and date first above written in four (4) counterparts, each of which shall, without proof or accounting for tht~ other counterparts, be deemed an original Contract. COUNTY OF MONROE, STATE OF FLORIDA By qa:f;;!~v-r~ Attest: DANNY L. KOLHAGE, Clerk ~~~() ler :y~eAZ:j Dale ockwobd, Preside~lt Attest :: Corporate Seal if Corporation G'4~ WITNESS C~.r"~~ ~~~ WIT~SS AJftPROVED f'" TO fOftt:' '>U ANr~t SFF::::':\:_ ~ltt:;rnf'tY~~~-' O,(f;":'( 2-6 CERTIFICATE STATE OF FLORIDA ss COUNTY. OF MONROE I HER]~BY CERTIFY that a meeting of the Board of Directors of D & V Commercial AC. Inc. , a corporation under the laws of the State of Florida , held on September 2q 19--9.L, the following resolution was duly passed and adopted: "RESOLVED, that Dale Lockwood , as present President of the corporation, is authorized to execute the Contract dated Oet:ohpr 10 , 1994, between Monroe County, Florida and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 29th day of Sppt:pmber , 1994. Va.}1J>{-Q. ~;/-YIALV~ Secretary Valerie Lockwood 2-7 APPLICATION FOR PAYMENT MONTH OF , 19 AIR CONDITIONING UNIT MAINTENANCE AND REPAIR LOWER KEYS FACILITIES KEY WEST, FLORIDA CONTRA<:TOR INFORMATION NAME: ADDRES~) : PHONE: PARTS J~ND MATERIALS COSTS: $ PERCENTAGE INCREASE $ TOTAL COST PARTS & MATERIAL $ LABOR A,ND EQUIPMENT COSTS: $ SUB-CONTRACTOR COSTS: $ TOTAL DUE THIS INVOICE: $ DESCRIPTION OF WORK Briefly describe each incidence of Work of which payment is requested on the attached form. Include the Facilities Maintenance Work Order Number, date, time, location, parts and materials used, labor, and nature of maintenance and/or repairs. In the case of emergency repairs, include the name of the person who informed you of the malfunction. Authorized Signature Title Date 2-8 APPLICATION FOR PAYMENT DETAILS (use a separate form for each job) " WORK O:RDER NUMBER: DATE: ARRIVAl, TIME: DEPARTURE TIME: LOCATI()N: PARTS l\ND MATERIALS COSTS* ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL 1 2 3 4 5 PARTS & MATERIALS TOTAL LABOR AND EQUIPMENT COSTS HOURS @ LABOR & EQUIPMENT TOTAL TOTAL DESCRIPTION OF WORK Authorized Signature Title Date *Contractor may be required to provide sales slips, invoices, or other proof of purchase 2-9 MONROE COUNTY SPECIFICATIONS MANUAL f Ol~ - CENTR1\.L AIR CONDITIONING REPAIR fOl~ Lower K-eys Facilities frarrL Key Jllest up to C~Ttd 'irlC ZLLding Big P'i/r1e Key J1f anT'oe C'(01..L1~ty, Flor'ida BOARD OF COUJ\TTY CO_~{}'JS'S'fIO~\'ERS 1filhelmi11a Har'7ey, District 1 }.fa.y'or Jacl{ Londol1, District 2 Shirley Freemall, District 3 ~fayor Pro-Tern Earl Cheal, District 4 l\fary Kay Reich, District 5 COL7NTY .4D~{INJSTP.ATOR Jarne.s L. Roberts CLERK OF THE CIRCUjT COUJ.rtT Danny L. Kolhage JJJRECT011, OF PUBL.JC WORKS Dent Pierce DIl?ECTOR OF FACILITIES }'!.AJ1~TEl\~4}lCE John King . . August, 1994 Prepared By: Monroe County Public Works Facilities. Maintenance Department ., , f NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on the 28th day of September, 1994 at 10:00 a.m., at the Office of the Direct()r of Purchasing, a Commi ttee consisting of the Director of PUI'chasing, the County Administrator, the County Attorney, and the requesting Department Head or Division Director, or their designees, will open sealed bids for CENTRAL AIR CONDITIONING REPAIR LOWER KEYS FACILITIES FROM KEY WEST UP TO AND INCLUDING BIG PINE KEY MONROE COUNTY, FLORIDA All bids must be received by the Office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross Wing Room #002, Stock Island, Key West, Monroe County, Florida 33040 before 10:00 a.m. on September 28, 1994. All bids, including the recommendation of the County Administrator and requesting Department Head or Division Directc)r, will be referred to the Board of County Commissioners for final awarding or otherwise. The Board will automatically reject the bid(s) of person or affiliate who appears on the convicted vendor prepared by the Department of General Services, State Florida, under Sec. 287.133 (3)(d), Fla.Stat. (1989). any list of The Contractor shall provide central air conditioning repair in accordance with the Specification Manual entitled "Centra.l Air Condi tioning Repair/Lower Keys Facili ties/From Key West up to and including Big Pine Key, Monroe County, Florida". SI~eci f ications may be obtained from the Purchasing Director, 5100 College Road, Cross Wing Room #002, Stock Island, Key We!st, FL 33040. Further information may be obtained by contact.ing Cindy Sawyer, Facilities Maintenance Contract Monito]~, 5100 College Road, Stock Island, Florida, 33040, (305) 292-4431. T\lIO (2) signed originals and one (1) copy of each bid shall be sublni tted in a sealed envelope marked on the outside, "Sealed Bid for Central Air Conditioning Repair Lower Keys Facilit:ies" . All bids must remain valid for a period of ninety ( 9 0) dclYS. Ttle Commission reserves the right to reject any and all bids, to waive informalities in any and all bids, and to re-advertise for bids. An award, if made, will be to the lowest, most responsible, and qualified bidder the Commission deems to be in the best interest of the County. TtLe Board also reserves the right to separately accept or reject any item or items of a bid and to award and/or negotiate a contract in the best interest of the County. DATED at Key West, Florida, this 29th day of August, 1994. R.M. COFER Director of Purchasing for Monroe County, Florida SECTION ONE INSTRUCTIONS TO BIDDERS 1.01 DESCRIPTION A. This project requires the furnishing of all labor, materials, equipment, tools, transportation, services, and incidentals, and the performing of all work necessary in accordance with the specifications entitled: CENTRAL AIR CONDITIONING REPAIR LOWER KEYS FACILITIES UP TO AND INCLUDING BIG PINE KEY MONROE COUNTY, FLORIDA B. The facilities are located throughout the lower keys, from Key West up to and including Big Pine Key, Florida. Buildings to be serviced shall include, but shall not be limited to, the following: MONROE COUNTY COURTHOUSE 500 Whitehead Street, Key West Jackson Square Complex 2 Story CBS Building Metal & Slate Roof MONROE COUNTY COURTHOUSE ANNEX 510 Whitehead Street, Key West Jackson Square Complex 4 Story CBS Building Wind Resistive Construction Including 1986 Jail Addition TRJ\FFIC DIVISION TEMPORARY TRAILER Temporary Trailer Ja1ckson Square MISDEMEANOR TEMPORARY TRAILER Temporary Trailer Ja(:kson Square C01URTROOM "D" TEMPORARY TRAILER Double wide temporary trailer Jac~kson Square JU])ICIAL OFFICE TEMPORARY TRAILER TeInporary Trailer - Judge Miller Ja(::kson Square J. LANCELOT LESTER JUSTICE BUILDING 530 Whitehead Street, Key West Jackson Square Complex 3 Story CBS Building Occuplied as Justice Building/Crime Lab Includes Clerk's Storage Facility 1-1 JUVENILE DETENTION & SHERIFF ID SECTION 500 Whitehead Street, Key West 2 STORY CBS BUILDING OCCUPIED AS OFFICES (OLD JAIL) ADMINISTRATION BUILDING 310 FLEMING STREET, KEY WEST 2 STORY CBS BUILDING OCCUPIED AS COUNTY OFFICES Administration Building STATE ATTORNEY/VOTING REGISTRAR 302 Fleming Street 501 Thomas Street, Key West 1 Story CBS Building TRUMAN SCHOOL NUTRITION SITE Truman Avenue/White Street, Key West 1 Story CBS Building Cafeteria Building ARMORY 600 White Street, Key West 2 Story All-Wood Building Senior Citizen's Center Lessee's Risk Only PUBLIC SERVICE BUILDING 5100 Jr. College Road, Stock Island 1 Story CBS Building CH.I\PEL Junior College Road, Stock Island 1 Story CBS Building Co:nference Room EN(iINEERING/FAC MAINT TRAILER Junior College Road, Stock Island Former Mobile Trailer SHERIFF SUB-STATION 20 Cudjoe Key 1 Story CBS & Concrete Building C01~MISSIONER' S OFFICE MM19 Upper Sugarloaf Key Ali:lmo Building Leased by County FI]~E STATION Key Deer Blvd., Big Pine Key 1 Story CBS Building 1-2 BIG PINE OPERATIONS SHOP South St., Big Pine Key Stiglitz Property 1.02 DEFINED TERMS Terms used in the Instructions To Bidders are defined and have the meanings assigned to them in the General Conditions. 1.03 COPIES OF BIDDING DOCUMENTS A. Only complete sets of Bidding Documents will be issued and shall be used in preparing bids. The OWNER does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Bidding Documents may be obtained in the manner and at the location stated in the Notice of Calling for Bids. 1 . 04 QU.ALIFICATIONS OF BIDDERS A. Each bid must qualifications to project is located. contain evidence of do business in the the area bidder's where the B. To demonstrate qualifications to perform the work, each bidder shall submit written evidence as to financial status, previous successful contractual and technical experience in similar work including references, description, volume of present commitments, evidence of possession of valid state, county, and local licenses, and Certificates of Competency covering all operations and all ar~eas of poli tical jurisdiction involved in the work of this project and such other data as may be requested by thle OWNER. 1.05 DISQUALIFICATION OF BIDDERS A. One Bid: Only one bid from an individual, firm, partnership or corporation under the same or under different names will be considered. In the event evidence is discovered which indicates a bidder has interest in more than one bid for the work involved, all bids in which such a bidder is interested may be rejected. B. NO]~-COLLUSION AFFIDAVIT: Any person submi tting a bid or pr()posal in response to this invi tation must execute the en<:::losed NON-COLLUSION AFFIDAVIT. I f it is discovered that collusion exists among the bidders, the bid or proposals of all participants in such collusion shall be 1-3 rt3jected, and no participants in such collusions will be considered in future bids for the same work. C. P1JBLIC ENTITY CRIME AFFIDAVI'r: Any person submi tting a bid or proposal in response to this invitation must execute the enclosed Form PU~ 7068, SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY ClRIMES, including proper check (s) , in the space (s) provided, and enclose it with his bid or proposal. If you are submitting a bid or proposal on behalf of dealers or S11ppliers who will ship commodi ties and receive payment from the resulting contract, it is your. responsibility to see that copy(s) of the form are executed by them and are illcluded wi th your bid or proposal. Corrections to the form will not be allowed after the bid or proposal opening time and date. Failure to complete this form in every detail and submit it with your bid or proposal will result in immediate disqualification of your bid or proposal. 1. 06 E~{AMINATION OF CONTRACT DOCUMENTS A. Each bidder shall carefully examine the specifications and o1:her contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the pclrt of the CONTRACTOR will in no way relieve him of the obligations and responsibilities assumed under the cc)ntract. B. stlould a bidder find discrepancies or ambigui ties in, or onlissions from, the specifications, or should he be in dc)ubt as to their meaning, he shall at once notify the O~1NER . 1.07 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any bidder as to tl1le meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of bids will be given consideration. All such changes or interpretations will be~ made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective bidders prior to the established bid op,ening date. Each bidder shall acknowledge receipt of such addenda in the space provided therefore in the bid form. In case any bidder fails to acknowledge receipt of such addenda or addendum, his bid will nevertheless be construed as though it had been received and acknowledged and the submission of his bid will constitute acknowledgement of the receipt of same. All addenda are a part of the contract documents and each bidder will be bound by such addenda, whether or not received by him. It 1-4 is the responsibility of each bidder to verify that he has received all addenda issued before bids are opened. 1.08 GC)VERNING LAWS AND REGULATIONS A. TIle bidder is required to be familiar with and shall be responsible for complying with all federal, state and local laws, ordinances, rules, and regulations that in any manner affect the work. B. Ttle bidder shall include in his bid prices all sales, cc)nsumer, use, and other taxes requir~d to be paid in ac:cordance with the law of the State of Florida and the County of Monroe. 1. 09 PFlEPARATION OF BIDS A. Si.gnature of the bidder: The bidder must sign the Bid fc.rms in the space provided for the signature. If the bi.dder is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and th,e words "Member of the Firm" should be wri tten beneath such signature. If the bidder is a corporation, the title of the officer signing the bid in behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the bid must be submitted. The bidder shall state in the bid the name. and address of each person interested therein. B. Basis for Bidding: The price bid for each i tern shall be on a unit price basis according to the bid form. The bid prices shall remain unchanged for the duration of the contract and no claims for cost escalation during the progress of the work will be considered. 1.10 SUBMISSION OF BIDS A. Tw() (2) signed originals and one (1) copy of each bid shall be submitted. B. Th43 bid shall be submi tted in a sealed envelope which shall be marked so as to clearly indicate its contents and thE~ name of the bidder. If .;.forwarded by mail, the above melltioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Calling For Bids, and preferably by special delivery, re~Jistered mail; if forwarded otherwise than by mail, it Shelll be delivered to the same address. Bids will be received until the date and hour stated in the Notice of Calling For Bids. , 1-5 C. Each bidder shall submit with his bid the e'vidence of his qualifications, experience and status as outlined in Article 1.04. required financial 1.11 WITHDRAWAL OF BID AJrlY bid may be withdrawn prior to the time scheduled in the Notice of Calling For Bids for the opening thereof. A bid may also be withdrawn thirty (30) days after the_date of the opening of the bids, .provided that the bidder has not been notified that his bid has been accepted. 1.12 MODIFICATION OF BIDS A. Written bid modification will be accepted from bidders if addressed to the entity and address indicated in the Notice of Calling For Bids and received prior to bid due dclte and time. B. A bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for rE~ceipt of bids, provided such telegraphic communication is received prior to the closing time, and provided further, the OWNER is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price, but should provide the addition or subtraction or other modification so that the final prices or terms will not be known until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to. the telegraphic modification. 1.13 RECEIPT AND OPENING OF BIDS Bilds will be received until the designated time and will be publicly opened and read aloud at the appointed time and place stated in the Notice of Calling For Bids. The person whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility will be attached to an~{one for the premature opening of a bid not properly ad<:lressed and identified. Bidders or their authorized agents are invited to be present. 1. 14 DE~rERMINATION OF SUCCESSFUL BIDDER Until the final award of the contract, the OWNER does not bind to accept the minimum bid, but reserves the right to reject any and all bids and to waive technical errors and irregularities as may be deemed best for the interests of the OWNER. Bids which contain modifications, are 1-6 incomplete, unbalanced, conditional, obscure, or which c'ontain addi tions not requested or irregulari ties of any kind, or which do not comply in every respect with the I:nstructions to Bidders, and the contract documents, may be rejected at the option of the OWNER. 1.15 A~NARD OF CONTRACT A. The OWNER reserves the right to reject any or all ~~ds, or any part of any bid, to waive any informality in any bid, OJC" to re-advertise for all or part of the work c()ntemplated. If bids are found to be acceptable by the OWNER, written notice will be given to the selected bidder of the acceptance of his bid and of the award of the c()ntract to him. B. If the award of the contract is annulled, the OWNER may avlard the contract to another bidder or the work may be rE~-advertised or may be performed by day labor as the O~lNER decides. c. The contract will be awarded to the qualified bidder cc.mplying wi th the applicable condi tions of the contract dc~cuments . D. The OWNER also reserves the right to reject the bid of a bidder who has previously failed to perform properly or to complete contracts of a similar nature on time. 1.16 EXECUTION OF CONTRACT The bicider to whom a contract is awarded will be required to return to the OWNER four (4) executed counterparts of the prescribed contract together with the required certificate of insurance within fifteen (15) days from the date of notice of acceptance of the bidder's bid. 1.17 CERTIFICATE OF INSURANCE The Contractor will be responsible for all necessary insurance coveragle as indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms GLl, VLl, WCl, GIRl, and' GIR2. Certificates of Insurance must be provided to Monroe County within fifteen days after alward of bid. If the proper insurance forms are not receive(j within the fifteen days, bid may be awarded to the next selected bidder. 1-7 BID For CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES KEY WEST, FLORIDA Submitted 6~. 2l.&. 19 Board c.f County Commissioners Office of the Director of Purchasing 5100 College Road, Cross Wing, Room 002 Stock Island, FL 33040 Gentlelnen: The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principlals, is or are named herein and that no other per~on than herein mentioned has any interest in the Bid of the Contract to which the work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making a bid or proposal and that the Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that he has examined the Specifications for the work and from his own experience or from professional advice has fully satisfied himself that the Specifications are sufficient for the work to be done and he has examined the other Contractual Documents relating thereto, including the Instructions to Bi;dder, Bid, Contract, General Condi tions, Specifications, and hOas read all addenda prior to the opE~ning of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Bid pertains. The Biclder proposes and agrees, if this Bid is accepted, to contract wi th Monroe County, Florida, (Owner) in the form of contract specified, to furnish all necessary materials, all equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specifi1ed in the Bid and the Contract, and called for by the Specifications and in the manner specified. The Bidder further proposes and agrees to comply in all respects wi th the time limi ts for commencement and completion of the work as stated in the Contract Form. The Bid.der further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the Owner for 1-8 additional costs to the Owner resulting from the work not being completed within the time limit stated in the Contract Form. The undersigned agrees to accept in full compensation therefore the unit prices for the items named in the following schedule. It is understood that the unit prices quoted or established for a particular item are to be used "for computing the amount to be paid to the Contractor. In addition, the Contractor is to be reimbursed for the actual cost to him of any parts and materi4:lls used to fulfill the requirements of the Contract. Payment will be based upon items listed ig the Bid Form. BIdders Certificate of Competency NO.C;il- C0524rB Bidders Occupational License No. 5r::ntq ~ f.i\O 17 (J(.Wesr) 30/4o'"OO2~5lo t7 lH '~J#-.Jr'lJ 1-9 ) ~v )? BID FORM CENTRAL AIR CONDITIONING REPAIR LOWER KEYS FACILITIES 1\ CONTRACT SPECIFICATIONS A. Routine maintained central area. repairs and' maintenance o.f..:-:.. all.:..<;....'"County air condi tioning uni ts in the Lower Keys B. Emergency repairs of all county maintained central air corldi tioning uni ts in the Lower Keys - area. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR shall be at the site of an air condi~ioning malfunction within three (3) hours of verbal notification by the OWNER. C. The CONTRACTOR shall have access. to a supply of . all parts and controls normally necessary for the emerg~ncy repairs of all county maintained central air conditioning units so that such emergency repairs will be completed within.. 48 hours of notificlation by the OWNER. D. The' OWNER shall reimburse the CONTRACTOR for the actual cost of all parts and materials, plus percentage indicated in section E4 of this bid form, that are used in the repair of all county maintained central air conditioning units. Receipts, invoices, or other acceptable proof of purchase may be requested at the discretiori of the Owner. All parts a.nd ma:terials shall be of equal or greater quali ty as compared to existing parts and materials in'use~ E. The following are the bid items of this contract: 1. I Labor - normal working hours of 8:00 AM to 5: 00 PM Monday through Friday, excluding..holi(j,c,..:y...s. BID PRICE: $ BID PRICE: $ 5D. ro , ~. a) per hour,: mechanic per hour, mechanic plus helper '" 2. Labor - overtime rate for hours other tqan the normal working hours as stated in item 1 ab-ove,lnc"luding holidays BID PRICE: $ BID PRICE: $ 50 # ffi 19.00 per hour, mechanic per hour, 'mechanic P~.~s he.~per 1..10 .- ..... \'t;" . .. ~ ",. ..;~!.:..;.~j~~:Jc'~~; .~:;' .,"'f ~ -~l/~~ .,t.r 3. Materials - Freon for recharging systems will be charged as a material mark-up, at the percentage increase indicated on line 4 below. 4. Materials - Supplies and replacement parts BID PRICE: Cost plus . 35 % 5. Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. F. The CONTRACTOR'S request for.payment (as outlined in the Gerleral Conditions) must itemize each of the....costs stated in paragraph E above. G. The air conditioning units to be maintained are installed at County -Facilities located throughout the lower keys, from Key West up to and including Big Pine Key, Florida. Window and portable units may, from time to time~. "be submitted for ancllysis for economical repair. If the CONTRACTOR finds that tIle uni t is economically repairable, the CONTRACTOR w.ll:l submit an estimate for repair to the OWNER. The OWNER-may, at his discretion, have the CONTRACTOR repair the window or portable unit in keeping with the estimate. Acknowledgement is hereby made of the following Addenda received since issuance of the Specifications: Addendulm No. "--- Dated: Addendum No. Dated:. . Addendulm No. Dated: Addendum No. Dated: Add~ndu]m No. Dated: Addendum No. I Dated: D oJ. V I' ()H 1:1 Q2/'o/l+L 11J. {I .T~('. L.S. · of Bidder . s. (Signature~of Officer) ?R ~J)')B.\T Address: ~" H f+Rl:.fh2er 51: L.S. (Title of Officer) City: t'e:y W~T State: Ft ne-,"hA- 1-11 .:~~~:'" .' , ..~.~.+. ;..;..:..'....... . . . .'~.~ .'"'~.. . ,...... -../. I:' The full names and residences of persons and firms interested in the foregoing bid, as principals, are as follows: OfJL,f' La~<1-1 U4-:hr 21. ~.J 3 JO / C. K<(~ o uvI:-~ R J ')o'tD Name of the executive who will give persona~ attention to the work: DITL/C ~ k.; ciO i 1-12 SECTION THREE GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other contra<:~t documents the terms below have the meanings indicated which are applicable to both the singular and plural -- thereof. The use of the terms "he", "him!', "himself", or "his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. Addendcl Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. AqreemE!nt The written agreement between the OWNER and the CONTRACTOR covering the work to be performed; other contract documents are attached to the agreement and made a part thereof as provided therein. Application for Payment The form accepted by the OWNER which is to be used by the CONTRACTOR in requesting payments .and which is to include such supporting documentation as is required by the contract documents. Bid The offer or bid of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. Biddinq Documents The advertisement or i'nvitation to bid, instructions to bidders, the bid form, and the proposed contract documents (including all addenda issued prior to receipt of bids). Change ()rder A document which is signed by the CONTRACTOR and the OWNER and directs or authorizes an addition, deletion or revision in the work, or an adjustment in the contract price or the contract time, issued on or after the effective date of the agreement. , 3-1 Contract Documents The bidding documents, agreement, addenda (which pertain to the contract documents), the CONTRACTOR'S bid (including documentation accompanying the bid and any post-bid documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, the bonds, these General Conditions, and the specifications as the ':same are more specifically identified in the agreement, together with all amendments, modifications, and supplements. Contra(:t Price The moneys payable by the OWNER to the CONTRACTOR under the contract documents as .stated in the agreement. Contrac:t Time The Contract shall be in force and binding on the OWNER and the CONTRACTOR for a period of one (1) year from the effective date of the agreement. Contrac~tor The person, firm, or corporation wi th whom the OWNER has entered into the agreement. Defective An adjective which when modifying the word work refers to work that is unsatisfactory, faul ty, or deficient, or does not conform to the contract documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the contract documents, or has been damaged pr ior to the OWNER's recommendation of payment. Effective Date of the Agreement The date indicated in the agreement on which it becomes effecti ve, but if no such date is indicated it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. Field OJ::-cter A written order issued by the OWNER which orders minor changes in the work but which does not involve a change in the contract price or contract time. 3-2 Laws and Regulations; Laws or Requlations Laws, rules, regulation~, ordinances, codes and/or orders. Lower Keys Facilities From Key West up to and including Big Pine Key, Monroe County, Florida. Middle Keys Facilities Marathon, Florida Notice of Award The written notice to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, the OWNER will sign and deliver the agreement. Owner The Monroe County Board of Commissioners as represented by the Facilities Maintenance Department with whom the CONTRACTOR has entered into the agreement and for whom the work is to be provided. Partial Utilization Placing a portion of the work in service for the purpose for which it is intended (or a related purpose) before reaching completion for all the work. Proiect Manual The title of the bound documentary information prepared for this maintenance and repair project .which includes bidding requirements, conditions of contract, and specifications. Specifications Those portions of the contract documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the work, and certain administrative details applicable thereto. SupplieJr A manufacturer, fabricator, materialman, or vendor. supplier, distributor, 3-~ ~ ...J Underground Facilities All pipelines, conduits, ducts, cables, wires, manholes, vaul ts, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facili ties which have been installed underground to furnish any of the following se~yi~es or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Pr'ice Work Work to be paid for on the basis of unit prices. Upper Keys Facilities From Islamorada up to and including Key Largo. Work The entire completed repair or the various separately identifiable parts thereof required to be furnished under the contract documents. Work is the act of and resul t of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the repair, all as required by the contract documents. Work Directive Chanqe A written directive to the CONTRACTOR, issued on or after the effecti ve date of the agreement ordering an addition, deletion, or revision in the work, or responding to differing or unforeseen physical conditions under which the work is to b~ performed. A work directive change may not change the contract price or the contract time, but is evidence that the parties expect that the change directed or documented by a work directive change will be incorporated in a subsequently issued change order following negotiations by the parties as to its effect,~ if any, on the contract price or contract time. Written Amendment A wri tten amendment of the contract documents, signed by the OWNER and the CONTRACTOR on or after the effective date of the agreement and normally dealing with the nonengineering or nontechnical rather than st~ictly work-related aspects of the contract documents. .., _ II ...J ~ ARTICL~~ 2 - PRELIMINARY MATTERS Commenc:ement of Contract Time; Notice to Proceed: 2.1 The contract time shall commence to run on the effective date of the agreement. ARTICLE: 3 - AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS": The contract documents may be amended to provide for addi tions, deletions, and revisions. in the Work or to modify the terms and conditions thereof in one or more of the following ways: A. a Written Amendment B. a Change Order The contract price and contract time may only be changed by a change order or a written amendment. ARTICLE 4 - INSURANCE/HOLD HARMLESS Contractor will be responsible for all necessary insurance cover- age as indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms WC1, GL1, VL1, GIR 1 & GIR 2. The COlltractor shall defend, indemnify and ho'ld harmless the County as outlined on the attached form identified as IND1. >.. ARTICLE 5 - CONTRACTOR'S RESPONSIBILITIES Supervision and Personnel 5.1 The CONTRACTOR shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying sucl) skills and ex"pertise as may be necessary to perform the work in accordance with the contract documents. The CONTRACTOR shall employ a sufficient number of technicians to adequately maintain the Central Air Condi tioning systems. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The CONTRACTOR shall be responsible to see that the finished work complies accurately with the contract documents. Parts, Materials and Equipment 5.2 Unless otherwise specified in the contract the CO~TRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, 3 -- 5 machinery, tools, and all for the completion of the work. other incidentals necessary 5 . 3 All parts, materials, and equipment shall be of good quality and new. All parts and materials shall meet or exceed all applicable Standard Specifications. If required by the OWNER, the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quali ty of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier. Records: 5.4 The CONTRACTOR shall record maintenance activities in a maintenance log which shall contain all pertinent information. Concerning Supplier and Others: 5 . 5 The CONTRACTOR shall not employ any supplier or other person or organization whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR shall not be required to employ any supplier or obher person or organization to furnish or perform any of the work against whom the CONTRACTOR has reasonable objection. 5.6 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract wi th the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the contract documents shall create any contractual relationship between the OWNER and any such supplier or other person or organization, nor shall' it create any obligation on the part of-the OWNER to payor to see to the payment of any monies due any such supplier or other person or organization except as may otherwise be required by laws and regulations. 5 . 7 The CONTRACTOR shall make every effort to obtain the parts and materials at the lowest possible cost without sacrificing the quality of said parts and materials. The CONTRACTOR is responsible, however, for maintaining a parts and materials inventory of sufficient size to support all repair operations (routine and emergency) irregardless of the location of the supplier. 3-6 Permits: 5. 8 The CONTRACTOR shall obtain and pay for all required permits and licenses. The OWNER shall assist the CONTRACTOR, when necessary, in obtaining such permi ts and licenses. The .CONTRACTOR shall pay all governmental charges and ~inspection fees necessa~y for the prosecution of the work, which are appl1cable on the effecti ve date of the agreement. The CONTRACTOR shall pay all charges of utility owners for connections to the work. Monroe County will waive the fees for such permits as it normally issues. 5.09 Laws and Regulations: Taxes: 5.10 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable laws and regulations, the OWNER shall not be responsible for monitoring the CONTRACTOR's compliance with any laws or regulations. The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the place of the project which are applicable during the performance of the work. 5.11 Safety and Protection: The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection wi th the work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 5.11.1 all employees on the work site and other persons and organizations who may be affected thereby: 5.11.2 all the work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 5.11.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities. 3-7 The CONTRACTOR shall comply wi th all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or.lossi and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any supplier, or any other person or organization directly or indirectly employed by them to perform or furnish any of the work or anyone for whose acts any of them may be. liable, shall be remedied by the CONTRACTOR. The CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the work is completed. 5.12 Indemnification: 5.13 To the fullest extent permitted by. laws and regulations, the CONTRACTOR shall indemnify and hold harmless the OWNER and the OWNER's consultants, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limi ted to fees and charges of engineers, architects, attorneys, and other professionals, and court costs) arising out of or resulting from the performance of the work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resul ting therefrom and (b) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or person or organization directly or indirectly employed by the CONTRACTOR to perform or furnish any of the work or anyone for whose acts any of them may be liable regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law and regulations regardless of the negligence of any such part. In any and all claims against the OWNER or any of the OWNER's consul tants, agents or employees by any employee of the CONTRACTOR, or any person or organizations directly or indirectly employed by the CONTRACTOR to perform or furnish any of the work or anyone for whose acts any of them may be liable, the inqemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, 3-8 compensation, or benefits payable by or for the CONTRACTOR or other person or organization under workers' or workrnens' compensation acts, disability benefit acts, or other employee bene f i t~ acts. ARTICLE: 6 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS; CORREC1~ION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 6 . 1 The CONTRACTOR warrants and guarantees to the OWNER that all work will be in accordance- wi th the contract documents and will not be defective for one (1) year. Prompt notice of all de'-fects shall be gi ven to the CONTRACTOR. Access to Work: 6.2 The OWNER, representatives of the OWNER, testing agencies, and governmental agencies with jurisdictional interests will have access to the work at reasonable times for their observation, inspecting, and testing. The CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 6.3 If laws or regulations of any public body having jurisdiction require any work (or part thereof) to specifically be inspected, tested, or approved, the CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewi th and furnish the OWNER the required certif~cates of inspection, testing, or approval. The CONTRACTOR shall also be responsible for and shall pay all costs in connection wi th any inspection or testing required in connection wi th the OWNER's acceptance of a supplier of materials or equipment proposed to be incorporated in the work, or of materials or equipment submitted for "approval prior to the CONTRACTOR's purchase thereof for incorporation in the work. 6.4 Neither observations by~ the OWNER nor inspections, tests, or approvals by others shall relieve the CONTRACTOR from the CONTRACTOR's obligations to perform the work in accordance with the contract documents. Owrter MalY Stop the Work: 6 · 5 I f the work is defecti ve, or the CONTRACTOR fails to su~ply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the work 3-9 in such a way that the completed work will conform to the contract documents, the OWNER may order the CONTRAC:TOR to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the work shall not give rise .to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any other party. If the. OWNER stops the work for the r'easons listed in this paragraph, the CONTRACTOR will not be entitled to any extension in the time limits as stated elsewhere in this document. Correction or Removal of Defective Work: 6.6 If required by the OWNER, the CONTRACTOR shall promptly, as directed, either correct all defective work, whether or not fabricated, installed, or completed, or, if the work has been rejected by the OWNER, remove it from the si te and replace it wi th nondefective work. The CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, archi tects, attorneys, and other professionals) made necessary thereby. One Year Correction Period: 6.7 If within one year after the date of completion or such longer period of time as may be prescribed by laws or regulations, any work is found to be defective, the CONTRACTOR shall promptly, wi thout cost to the OWNER and in accordance with the OWNER's written instructions, ei ther correct such defecti ve work, or, if it has been rejected by the OWNER, remove it from the site and replace it with nondefective work. If the CONTRACTOR does not promptly comply wi th the terms of such instructions, or in an emergency where delay would cause serious risk of less or damage, the OWNER may have the defective work corrected or the rejected work removed and replaced, and all direct, indirect, and consequential costs of such removal and replacement (including but not limited to fees and charges 0 engineers, architects, attorneys, and other professionals) will be paid by the CONTRACTOR. 3-10 ARTICLE~ 7 - PAYMENTS TO CONTRACTOR AND COMPLETION Appliccltion for Proqress Payment: 7.1 Once a month (or less often if no work has been completed in the previous month), the CONTRACTOR shall submit to the OWNER an application for payment for all labor, materials, equipment, and parts used in the previous month. Supporting documents must accompany the application for payment. CONTRAC:TOR's Warranty of Ti tIe: 7 . 2 The CONTRACTOR warrants and guarantees that ti tIe to all work, materials, and equipment covered by any application for payment, will pass to the OWNER no later than the time of payment free and clear of all liens. Review of Applications for Paymentf 7 . 3 The OWNER will, wi thin ten days after receipt of each application for payment, either process payment or return the application to the CONTRACTOR indicating in wri ting the OWNER's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the application. Thirty days after presentation of the application for payment with the OWNER's recommendation, the amount recommended.will become due and will be paid to the CONTRACTOR. 7 .4 The OWNER may refuse to pay the whole or any part of any payment if, in the OWNER's opinion, it would be incorrect to make such payments. The OWNER may also refuse to pay any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously paid to such extent as may be necessary in the OWNER's' opinion to protect the OWNER from loss because: 7.4.1 the work is defective or completed work has been damaged requiring correction or replacement, 7.4.2 the contract price has been reduced by written amendment of change order, 7.4.3 the OWNER has been required to correct defective work or complete work. The OWNER may refuse to make payment of the full amount because claims have been made against the OWNER on 3-11 accoun't of the CONTRACTOR's performance or furnishing of the work or liens have been filed in connection with the work or there are other items entitling the OWNER to a set-off against the amount requested, including liability for liquidated damages payable by the CONTRA(:TOR, but the OWNER must gi ve the CONTRACTOR immediiite written notice stat!ng the reasons for such action .. CONTRACTOR's Obligation: 7.5 The CONTRACTOR's obligation to perform and complete the work in accordance with the contract documents shall be absolute. Neither recornm~ndation of any payment by the OWNER nor any payment by the BOCC to the CONTRACTOR under the contract documents, nor any use of the work by the OWNER, nor any act of acceptance by the OWNER nor any failure to do so, nor any correction of defective work by the OWNER will constitute an acceptance of work not in accordance with the contract documents or a release of the CONTRACTOR's obligation to perform the work in accordance wi th the contract documents. 3-12 April 22.. 199.1 J 5t Inof ing 1\10NROE COUNlY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBl\111TING PROPOSALS FOR \VORK To assist in the development of your proposal, the insurance coverages nlarked with an "X" -will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required thnt the bidder sign the fonn and submit it with each proposal. \\'OJtKERS' COMPENSATION AND Ei\1PLOYERS'LIABILITY \\'CJ WC2 \VC3 WCUSLH WCJA x X \\'orkers' Compensation EmpJoyers Liability EnlpIoyers Liability Employers Liability US Longshoremen & Harbor \\'orkers Act Federal Jones Act Statutory Limits $100,000/$500,0001$100,000 $500,000/$500,000/$500,000 $ J ,000,000/$1 ,000,000/$1,000,000 Same as Employers' Liability SaJne as EnlpJoyers' Liability Administrative JnsfnlClmn 114709.01 INSCKLST ~ 6 April 22. 199.1 I~ 1 'r;uling GENERAL LIABILITY As a minimum, the required general liability coverages will include: · Premises Operations · ~Blanket Contractual · JExpanded Definition of Property Damage Required Lilrnits: GLI x GL2 GL3 Required Endorsement: GLXCU GLLIQ Products and Completed Operations Personal Injury . . $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage . or $300,000 COJllbined Single LiJnit $250,000 per Person; $500,000 per Occurrence $50,000 Property Dalnage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per ()cculTence $100,000 Property Damage or $1,000,000 Combined Single Lilnit Underground, Explosion and Collapse (XCV) Liquor Liability All endorsements are required to have the same limits as the basic policy. Aclmini5trati\-c In.\1nJd iaa 114709.0 I INSCKLST~ 7 I'I'TiI 22. 199.1 I~ I'rinting VEJ-IlCLE LIABILIT~ As a minimum, coverage should extend to liability for: · ()wned; Nonowned; and Hired Vehicles Required Lirnits: VLl x $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300..000 per Occurrence $50,000 Property Dalnage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $ '00,000 Property Damage or $1,000,000 Combined Single Limit VL2 VL3 M1SCELLA1\JEOUS COVERAGES BR] Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maxirnum Cargo value of anyone shipn1ent. PR01 Professional $ 250,000 per Occurrence/$ 500,000 Agg. PR02 Liability $ 500,000 per Occurrence/$ r ,000,000 Agg. PR03 $ r ,000,000 per Occurrence/S2,000,000 Agg. POLl Pollution $ 500,000 per Occurrence/$ J ,000,000 Agg. POL2 Liability $ J ,000,000 per Occurrcnce/S2, 000,000 Agg. POL3 $5,000,000 per Occurrence/$I 0,000,000 Agg. EDI --- Employee $ 10,000 ED2 -- Dishonesty $100,000 GKl -- Garage $ 300,000 ($ 25,000 per Veh) GK2 -- Keepers $ 500,000 ($]00,000 per Veh) GK3 -- $ J ,000,000 ($250,000 per Veh) MEDf -- Medical $ 500,000/$ 1,000,000 Agg. MED2 -- Professional $1,000,000/$ 3,000,000 Agg. MED3 -- $5,000,000/$10,000,000 Agg. Adnlinillrali,-c JmlnJc1ion 114709.0 I INSCKLs.r :3 8 IF VLPl VLP2 VLP3 BLL l-IK L J HKL2 I~KL3 AIRI AIR2 AIRJ AEOl AB02 AB03 April 22.. 1993 Js1l'rint;ng InstaJJation Floater Maximum value of Equiprnent Installed $ 300,000 (Requires IvleS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires M~S-90) IJazardous Cargo Transporter Bailee Liab. Maximurn Value of Property H angark eepers Liability $ 300,000 $ 500,000 $ 1,000,000 $25,000,000 . $ 1,000,000 $ 1,000,000 Aircraft Liability Architects Errors & O{nissions $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$J,OOO"OOO Agg. $ 1,000,000 per Occurrence/53,OOO,OOO Agg. INSURANCE AGENT'S ST A-rE~1EN'r I have reviewed the above requirements with the bidder named below. The following dcductjb!es apply to the c()rresponding policy. POLICY DEDUCTIBLES Liability policies are _ Occurrence CJairns ~1ade Insurance Agency Signature BIDDERS ST A TElvlEN-r I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Administrative JMrudioa 64709.0 I Bidder Signature INSCKLs.r l.f 9 ^rnir 22. J?9.l . 1 ~ :'rinLin~ GENERAL LIABILITY INSURANCE REQUIREh.1ENTS . FOR CON TRt\ CT DEPr\VEEN 1\10NROE COlINTY, FLORIl),\ I\:\D -:' Prior to the commencement of work governed by this contract, the Contractor shall ohtain General Li.abirity Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Prerruses Operations · Products and Completed Operations · Blanket Contractual Liability · J?ersonal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable 511811 be: $300,000 Combined Single Limit (CSL) IfspIit limits are provided, the minimum limits acceptable shall be: . - . $100,000 per Person $300,000 per Occurrence S 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should incIude coverage for claims filed 011 or ailer the em~cti\'c date of this contract. In addition, thl~ period for which cJaims may be reported sllould extend for a minimum of twelve (12) months foHovring tIle acceptance cfwork by the County. The ^{onroe County Board of County Commissioners shall be named as Additional Insured 0/1 all policies issued :fo satisfY the above requirements. ~ ^dn)jni~2iYC J~di()n f!470? f GLJ 5.4 . ^r):il 22. 199.1 1~ l'rintinu VEljlCLE LIABILITY INSUR.,\NCE REQUIREl\1ENTS FOR CONTR:\CT BET\VEEN J\10NROE COUN1Y, FLORIDi\ Aj~D Recognizing that the work governed by this contract requires tile use ofvehides, the Contractor, prior to the commencement of work, slla" obtain Vehicle Liability Insurance. Coverage shall be maintained t.hroughout the life of tile contract and include, as a minimum., liability coverage for: · ()\vned, Non-O,\'ned, and 1 J ired "\' ehicJes The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits ;are provided, the minimum limits acceptable sllaff be: $ 501000 per Person . $100,000 per Occurrenc.e $ 25,000 Properly Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. AcfzniniS'trath-c In<n'dion . VLI 1i'~7Cr~.i 7S . "I".il 22. 1993 . J~1l'rinfins " Prior to thc~ commencement of work governed by this contract, the Contractor shall obtain \Vorkers' Compensation Insurance with limits sulIicicnt to respond 10 frorida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not Jess tflan: $100,000 Bodily Injury by.A.c.cident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintairled throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized fo transact business in tfle state of Florida and the company or compades must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. . . lfthe Contra'ctor has been approved by the 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 fo submit a Letter of Authorization issued by the Dcpartmcnt of Labor and a Certificate . . ofInsurance, prO\.;ding details on the Contractor's Excess Insurance Program. If the Contracitor participates in a self-insurance fund, a Certificate of Jnsurance will be required. In addition, th~e Contractor may be required to submit updated financial statements from tIle fund upon request from the County. Adnlinistrash-e Instruc1ion 6-470'.1 \\"C I ~f ",)n' 22. J9?1 Jsll'rin'ifl~ 1\10NROE COUNlY, FLORIDA JNSURANCE GIJIDE TO CONTRACT AD~tINISTRA TION General Insurance RequircnJents for Suppliers of Goods or Scn-jccs As a pre-rc:quisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to alJ Subcontractors engaged by the Vendor. As an alternative, the Vendor may require all Subcontractors to obtain insurance consistent ,'vith the attached schedules. The Vendor wi11 not be permitted to commence work governed by this contract (including pre- staging ofp,crsonneJ and material) until satisfactory evidence of the required insurance has been furnished to the County as specified be/ow. Delays in the commencement Qfwork, resulting from the failure of the Vendor to provide sntisfaclory evidence of the required i1l$umnce, shalJ not extend deadHnes specified in this contract and any penalties and failure to rterfonn assessments shall be imposed as if the work commenced on the specified date and time: except for the Vendor's failure to provide satisfactory evidence. The Vendor shall maintain the required insurance throughout the entire tenn oft11is contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulling from the failure of the Vendor to maintain the required insurance shall not extend deadlines specified in this contract ,and any penalties and failure to perlbnn assessments shall be imposed as if the work had not been suspended, except for the Vendor's failure to maintain the required insurance. The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Cel1ificate of Insurance or · A Certified copy oftl1e actual insurance policy. The County, at its sole option, 11as the right to request a certified copy of any or all insurance policies requirec:f by this contract. AU insurance policies must specifY that they are not subject to canceIlation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given 10 the County b)' tIle insurer. The acceptance and/or approval of.the Vendor's insurance shaIl not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. . . AdmiDislnl1ivc JnstnJdjOft 1I~709.1 GIRl 17 April 22. 199J 1 ~t f'r;nfint; The Monroe County Board of County Commissioners, its employees and officials wm be included. as "Additional Insured" on all policies, except for Workers' Compens.1tion. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for \V:livcr of Insurance Requirements" and approved by Monroe County Risk Management. . . Adminir:tralive JFl\1nJL1ion 0-4709.1 ~ GIR2 J8 R~ru1;on IIJ91-1993 April 22. I ']c).l I ~ PrilUins 1\-IONROE COUNTY, FLORID,\ Request For \Vail-'er of Tnsurancc Requirements II is rcqu!c:sted t113( the iJlsurance requiremcnts, as specificd ill (he COUlIly's Schedule or 'Jlsur.incc Rcquirclncnls, be \\-a.ivod or Jl10dificd on lhe rolJO\\ iug conlract. · COJJlraC(Olr: COlJuac( lor: Addn:ss of COli (rnc(or: Phone: SCOJ-.'C of \\'ork: Reason for ':Vaivcr: Sigll<llurc of (:Onl1LJclor: AppJovcd Nor ApprovcU Risk Managclucnl Dale COUllf,)' Adlninrstrafor appcal: Approv~d: -- "'ol Appro\-cd: _.___ Dare: Board of COUUl)' COJJlIuissioncrs appc:Jl: Approved: l\Tot Approved: Mccling Dale: Athini<tr:L1ivc: In.~cliun H4709.1 WA'\'ER 5 ,\pri' 22. I C)f).l J,;tl'rinring A'IONROE COllNTY, FLORJD,\ Jr~SlrRANCE GUIDE TO CONTR.t\CT AD~'1INIS.rRl\ l"ION InucnJnifica lion and (lold II nrnlJess for Suppliers of Goods and Scn'ices The Vendor covenants and agrees to indemnify and hold hamlless Monroe County Board of County Commissioners from any and all claims rc)r 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 Vendor or any of its Subcontractor(s) in any tier. occasioned by the negJi,gence, en"ors. or otller wrongful act or omission of The Vendor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Vendor's failure to purchase or mnintain the required insurance, the Vendor shall indemnifY the County from any and all increased expenses resulting from sllch delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. INDl ^dnlini~.tivc Jnslruc1;~n 114709.1 16 NON-COLLUSION AFFIDAVIT I, nAlI= _L(){'~'^Jrv)'~ of~~~r. BOe,ll\'t: I of the city according to law on my oath, and under penalty of perjury, depose and say that; 1) I am ~':::~"'/'V:;}l~T {~ .~V ().~HE2/Tl fl...I AII' ,the bidder making the Proposal for the project described as follows: c..~reh fh (2 ~b, Tio,\,j", ~(~ ~A71<. Gw~ .~ ~LI I' E3 '"" f=R,u.., Key Wesr ue .~-+ .INcJub,t-.jf. ~ /-4r-.:e: 14:y H(:J~Rc;E. ~~'''Ty, J:::::iDI2JbA- 2) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices \d th any other bidder or wi th any competi tor; 3) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be discl&~ed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competi tc)r; and 4) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) the statements contained in this affidavit are true and correct,. and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ~ iLL STATE OF --.EJOR',7)A- (Signattlre of Bi.dder) q /;~ll) I Cf4 DATE COUNTY OF H{)~JRrJF PERSONALLY APPEARED BEFORE ME, the undersigned authority, UA-LE: L..c:xJ::.\\J('Y-{f', who, after f1 rst being sworn by me, (name of individual signing) affixed hiS/her signature in the space provided' ~bove on this '2{~ day of S~TF:l-1BE:e. I 19 94 My commission expires: ....\ly PlJ OFFICIAL NOTARY SEAL 0' 8<~ MARLlNE J WATSON ~ .. ~ COMMISSION NUMBER -; \ ' ;:' < CC283328 ~ >;' ~ MY COMMISSION EXP. (:'OFf\.O MAY 19,1997 FORM MCPttl lREV. 1/91 S\\'ORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA ST A TtITES, O~ PUBLIC ENTITY CRIMES THIS FOR1\f l\fUST BE SIG~~D AND S\\'ORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUlrHORIZED TO ADMINISTER OATHS. 1. Tbis sworn statement is submieted to }10tJRr;t-= C~ ~~)1;1 ~~ If' W~<; (p nf name of tbe public entit),) by ()A-LP l(~t'~WcY'}h /~,j)At r [print indhidusl's name and title) '~ for~) ~ V C 081-f~ l!-I M. A-I (' [print name of entit)" submitting Sll'orn statement] '+ l\'hose business address is ,311--H ftRl~ft2r=;r ~ - '<1=\) W~r;- R. 3304n I and (if a~plicable) its Federal Employer Identification Number (FEIN) is 1.05 -: ()24:18(10 (If the enHfy has no ~EIN, include the Social Security Num ber of tbe indi,idual signing this sworn statemenf: .) 2. I undershlnd tbat a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a ,;olation of any state or federal law by a person l\.ith respect fo and directly related to the transaction of business with any public entity or with an agency or politica-I subdh'ision of any other state or of the United States, including, but not limited to, any bid or contract for goods or senices to be pro\ided to any public entity or an agency or political subdh'ision'!!f any other state or of the United States and invohing antitrust, fraud, theft, bribery, collusion, racketeerin~, conspiracy, or material misrepresentation. 3. I understand that"comicted" or "conviction" as defined in Paragraph 287.133(1Xb), FI~rida StatuteJ, means a finding or l~uilt or a com'iction of a public entity crime, \\ith or \\ithout an adjudication of guilt, in any federal or state trial (:ourt of record relating to charges brought by indictment or information after July J, J989, as a result of a jury "lerdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that aD "affiliate" as defined in Paragraph 287. 133(lXa), Florida Statutes, means: 1. A predecessor or successor of a person con\icted of a public entity crime; or 2. An entity under tbe control of any natural person who is acth'e in the management of the entity and who has been cOD\icted ofa public entity crime. The term "affiliate" includes those officen, directors, executh'es, partners, shareholdelrS, emplo)'ees, members, and agents who are active in tbe management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or pooling of equipment or income among persons when not for fair market nlue under an arm's length agreement, sball be a prima facie case that one person ,controls another person. A person WJII) knol\ingly enters into a joint \'enture witb a person who has been con\icted of a public entity crime in Florida during tbe preceding 36 months sball be considered an affiliate. s. I understand that a "person" as defined in Paragraph 287.J33(1)(e), Florida Statutes, means any natural person or ~ntity organized under the laws of any state or of tbe United States 'Kith the legal power to enter into a binding contract and which bids or applies to bid on contracts for the pro\;sion of goods or services let by a public entity, or l\'bicb otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, sbareholders, employees, members, and agents who are active ia ~.DagemeDt o~ an 'entity. '. ~ .' . ~ . . " ....~~~ ~\'.~ .' . "- . .. . ~. . ~~~:~;r'~~..:_--::t.._.: -.~....~.~:.:.~ .:~. . ; _.'&&\:~~~~:'if~- -, , . '..~. } -..:'- -..... :~"'.- ....: ....;... ~. 6: Based on information and belief, the statement which I ha\'e marked below is true in relation to the entity submitting this s\\'orn statement. [Indicafe l\"hicb sfatement applies.) .L Neither the entity submitting this sworn statement, nor any of its officers, directors, executh'es, partners, shareholders, employees, members, or agents who are acth'e in the management of the entity, nor any affiliate of tbe entilfy has been cbarged ".jtb and cOD\icted of a public entity crime subsequent to July J, 1989. - The entity submitting this sworn statement, nor any of its officers, directors, exectutives, partners, shareholders, empJo)'ees, members, or agents ".bo are acti,'e in the management oftbe entity, nor an affiliate of the entify has been charged l\'ith and con,icted of 9 public entity crime subsequent to July 1, 1989. - l1~e entity submitting this sworn statement, or one or more of its officers, directors, executh'es, partners, shareholders, emplo)'ees, members, or agents who are active in tbe management of tl\e entity, or an affiliate of tbe entity has been cbarged l\ith and cOD\icfed ora public entif)' crime subsequent to July 1,1989. aowe\'er, there has been a subsequent proceeding before a Hearing Officer of the Stafe of Florida, Di,ision of A~dministrati\'e Hearing!; and the Final Order entered by the Hearing Officer determined that it \\'3S not in the public interest to place thE: entity submitting this sworn statement on the convicted vendor list. [attach a copy oCthe final order] I tlI'.rnERST MTJ> THA TTHE SUB1\fISSION OF THIS FOR1\1 TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED ON PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THA TTHIS FOR1\f IS VALlI> THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO mIDERSTMTJ> 1~HAT I Al\f REQUIRED TO ~'FORM THE PUBLIC E~'TITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMO UNT PROVIDED IN SECTION 287.017, FLORIQA ST A TIIT~S FOR CATEGORY' TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN TH~ FORM. [signature] S""orn to aDd subsc:ribed before me this 2~ day of S~~4-1 ~ ,19~. ~~/P?d j)~~~ Notary Public - State of V b~ . .. , Personally kno~.n ~. OR Produced idenfification (fype of identificatiion) l\1y Commission expires (Printed f)'})ed or stamped. commissioned name of notary public) t--~V PIJ OFFICIAL NOTARY SEAL 0" 8<,~ MAAL~NE J WATSON c? ~!~~?r c; COMMISSION NUMBER -;, .:; < CC283328 "Y~ ~ MY COMMISSION EIP. ~OFf\.O MAV 19 1997 For~ PUR 7068 (Re~'. 06/11/92) ii .. I . SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS' Cl:'AUSE ))..l- V t)...,~P? fl/iW A-/c warrants that he/it has not employed, retained or otherwise had act on he/its behalt any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County malY, 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 "-K\tU a-:J:> employee. Date: q 12[qICM . . .. '. ,. STATE OF 1==1 O~"I\Jf COUNTY OF .JjC~l\}fr~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, '~t= 1 {Y'~'!::nr-. -~e:;. ri= "bt \.! (}~~tillH ~ who, after first being sworn by me, affixed hisjher signature (name of individual signing) in the space provided above on this ~b day of ~Bf~1 19 '14- ~~~~2)a)~~ ~6TARY PUBLIC My commission expires: ~p..~y Pu8. OFFICIAL NOTARY SEAL o .. ~ MARLI:NE J WATSON ~ .. ~ COMMISSION NUMBER ~ l .: ~ CC283328 ~<<" ~ MV COMMISSION EXP. OF FlO MAY 19 1997 tJ 1994-1995 FACiuTlES OR MACHtNI!f M 0 N ROE OCCUPATIONAL LICENSE STATE OF FLORIDA ..... "'~ .~D IN CONsP/CUOUSPloACE ~.. · :5qi,;,'~k".<' '.~ 0 -10 ACCOUNT 30 1 4 0 - 00 2 5 6 ; EXPI~~SEPT. 30" 1995 -., TYPE OF BUSWESS 3;0 140 A~C '__D1rRJE"F Rl6ER:Af,:t:o.JI:;':>C " = 23&8--8 Ii' '''ii'9'&: L T BLVD" 01 - CITY OF ICE'Y WEST ~~ ~Jir!!~A~rEST .'~'.f/"i;" '. .. ',. . ."//:.\'~,'-"/:' ....' .,"..'. . . .,'., ' 01X:'-m!!T ~Er.ai:;l~l Le'o~~3~ T ~ ~ 1 29 SUPPLEMENTAl )( RENeWAl NEW LICENSE TRANSFER · OAfGtNAl ''00( 18 - 0 I " AMOUNT PENALTY COllECTtON COST TOTAL /~, THIS ......' ',' :,0:\. ,EC&JPr WIHEN'........,P .."....00 .....:c o -. U:J> :1>:1> -. ~ I'D ..... ~ >< ::0 a.......,,,,O ::0 .....n-< !:gF2..., ~",... , u"::' ~ '" ....' .. ... '-"'Or "'1';). C" CO" ~1--tZ · .... :za. '0.... O....cn-o :ucn Qt..J............ :c 18.CJ' At A~ND R,E'F'~1f1t9!~R'AT ION 0000000000 0000001800 0000301400025617 1001 5 ( \, ...~ '~ LICENSE YEAR ] \,,'( 1993-1994 OCCUPATIONAL LICENSE City of Key West, Florida No. 5001981401'7 ..wi THIS LICENSE MUST BE PROMINENTLY DISPLAYED LICENSE PERIOD BEGINNING 1 0 I 0' '93 THROUGH 091 '30/94 /' PENAL TV SCHEDULI NO REFUNDS N~~E~~O f"~~~Je 311 Margat!t!t.. ~ TO ~'t"'J T S "";;,::'-~'~~i,: /.j;";, ' BUSINESS ADDRESS: ~EC~ 0Jl~5i2f TR~ 0102 TYPE 128 SERV'ICES LICENSE: STATE LICENSED PROFESsteNAI:.' BUSINESS r NAIIE:, D & V CO""E Ie I Al AC CERTIFIED At CONT. CLASS DALE lOCKWOOD, QUALIFIER OWNER: 2398 N. le.leVeL T BI.;Vt 311 Margaret St ~DDRESS: KEY WEST FL 33040 CITY: "- 1 IJ eeE "CHi .28 LOC CKYW CRt597 wI 09i23i93 12:28 ACCTj50~1-ge14-01-7 n L Y CO""ERCI~L AC AMOUNT PAID: 25~.~g i56 Dce lIe 25~J00 PPFI~AtfCE bEPARTttln __ DIVISI~N~~~7!1. ~ i-. ""\ Ati:{i,:. . J\ -^ '"^e.v: .0 . ~ ~ '~, " \.. I A.~..111.8 !. PRODUCER C,.'IItIRICAtei,ORINSIIR.NCE 1 ~.!O~!:!/~~YY) The Fullers Inc 3600 Roosevelt Blvd Key West, FL 33040 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ___,~!,L T_I;.~I~E COVERA~E AFFORDED BY. THE_~Q~~IES ~~~h9~_~___ c CQ_M~ ANI t:$ AfFQFtPING CQ\!f;flAG_E COMPANY A Bankers Insurance Co INSURED D & V Commercial A/C, Inc 311 Margaret Street Key West, FL 33040 COMPANY B APPROVED BY RfSK MANAGEMENT BY ~mqj~n 'DATE . ..~~,2:-'" '7-?Y t4/A --~YES ~ COMPANY C COMPANY ~ . I D 1~".Q.s WAIvER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ! INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ] EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t-----,---------------------------------------T--.---------------------.--------------r------ ------------- -.---------------,----- --'_______ .. ._" ______,,_. __,_ ,I co · TYPE OF INSURANCE:: POLICY NUMBER POLICY EFFECTIVE ! POLICY EXPIRATION l L TR i-IDA TE (MM/DD/YY) DATE (MM/DD/YY) ~ I ---_._~-------. -_..~---~.,_____, '_____~____ I i GENERAL LIABILITY GENERAL AGGREGATE t-----I LIMITS AUTOMOBILE LIABILITY "--1 ___-! ANY AUTO i ALL OWNED AUTOS A :_~_: SCHEDULED AUTOS ~._~j HIRED AUTOS __._~__ i NON-OWNED AUTOS I I , ----~ ------------------------------------------ , , , $ PRODUCTS-COMP/OP AGG . $_ F:)~BSQ.~A~~ ADV INJURY $_ EA.C~ ()__CCUR~ENCE $ .r=IRE__O'~_M~GE(A':1yone_ fire) $ _..____~~ EXF:)~':ll_()~~.Eerso.~L_._.._~_.______.__. I i COMMERCIAL GENERAL LIABILITY r----r-i 1---1 f----J~J CLAIMS MADE L____.i OCCUR r--- ---1 OWNER'S & CO NT PROT --------1 COMBINED SINGLE LIMIT $ BA 09-3800254-0-01 10-14-94 10-14-95 BODILY INJURY (Per person) $ 100, 000 BODILY INJURY (Per accident) $ 300,000 PROPERTY DAMAGE $ 50,000 _~A~AGE LIABILITY ,---l ANY AUTO ~._--'--'-~_.;~-------..--^.__..._...._._-~_..._---~~_................_----...-...-.----,-.-------.- -..._-_.--.._--"-.~--,,--...-..........,.._. ,...._~-.....---...'"'-- l<jsk ALlTO Qt-.!~-"'.- EA ~-9G.lP~NT _~_. OTHER THAN AUTO ONLY: 1--------1 -----------------------------.----- i 1~_!..9ESS LIABILITY ~--J UMBRELLA FORM OTHER THAN UMBRELLA FORM DA'IT ,_.._..ild.::_t..=.1~_i-_ )}'~lTIA ), .,'<....y._.~ _~ ~~____~~__~~<..._< ~.._"_...._ EACH ~9GIQ_E_NJ ....$ _______.______.._..___ _.~~GREGATE _"~._,__. EA9H ()_CCURRENCE $ AGGREGATE ._ $_ ------..---.--- ---~--- -,_._~."..._--_._-_.._._--,--'"-_..._---_..__.~.__.~--- STATUTORY LIMITS WORKERS COMPENSATION ANtI EMPLOYERS' LIABILITY ! I 1--1 i ~____! INCL I I ! I EXCLI I I ! __~~9I-iA9~1_~E~T $ [)I~l:_~SS~ PQ~IGY_~IMr:r__ ~ ,.~Q~-~E.~:E~~~E.~~:tf>_~YEE _..1._____ ..__...___._ THE PROPRIETORI PARTNERS/EXECUTIVE OFFICERS ARE: OTHER DESCRIPTION OF OPERA TIONS/LOCA TIONS/VEHICLES/SPECIAL ITEMS ~---.,........_.---_..__.._'------------_.__._---_._---_.__..~---p---~-- Vehicle schedule submitted 11-14-94 CIFrnI=lC.ftMO~DEA and Additional Insured CANCEI.L.ATION I I Monroe County Board of County Commisssionersj Attn: Public Works I 5100 College Rd, Rooam 502 Key West, FL 33040 I ACOAD2S~8 .S788 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS GENTS OR REPRESENTATIVES. t"Aum' I REPRESENT A TI -- I tJ-r-- i eACORDCOAPORATION 1893 .; AtDtflllt~ PRODUCER T jut [:: 1::'1...1 i... L. E F.: E; :..:~; ,6 () () F: fj D ~::; E: i..) E L. 'r I{ (] I.J L. E i..) (:'~ F: I) 1< E -'r' t,1 E: ~:)'r y r' L. ::~:; :::s () .';':~ 0 COMPANIES AFFORDING COVERAGE f~T~~~NY A INSURED f~T~~~NY B ILLINOIS INSURANCE EXCHANGE [tALE LOCKwoor, DBA: D AND V COMMERCIAL A/c 311 MARGARET STREET KEY WEST, FL 33040 f~T~~~NY C r\ P"' i~'OVf D BY R iS~\ Mlir'"~/,GEMENT BY ~7J~.. DATE /dl-/-r'-~ f~T~~~NY D f~T~~~NY E WAIVER: N/A ~ES COVERAGES THIS IS TO CERTiFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTJl,NDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY A COMMERCIAL GENERAL LIABILITY CLAIMS MADE XK OCCUR. OWNER'S & CONTRACTOR'S PROT, I'OL-169976-Rl1 12/27/93 12/27/94 GENERAL AGGREGATE PRODUCTS-COM PlOP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Anyone fire) $ 500,000 + 0 $ 500,000+ 0 $ 500,000+0 $ 500,000+0 $ 50,000+ 0 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY MED, EXPENSE (Anyone person) $ c- EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM COMBINED SINGLE $ LIMIT BODIL Y INJURY $ (Per person) BOD!L Y INJURY $ (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ WORKER'S COMPENSATION OTHER " " I~-.?-=~!:.. ..~ STATUTORY LIMITS EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERA TIONS/LOCA TlONS/VEHICLES/SPECIAL ITEMS REFRIGERATION, A/C REPAIR, SALES, INSTALLATION CERTIPICATe.HOI..OER CANCEt.LAl'ION MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN: PUBLIC WORKS 5100 COLLEGE ROAD, ROOM 502 KEY WEST, FL 33040 ADDITIONAL INSURED ACORD2S-S f7/90) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL --..1..1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE~T A TIVE ~~~ .;$~ @'~~IJ~I~'~~'''~~IOfj......''I. ~D."U~ ~~~I~I~UR~NCE DATEJMM/DD/YY) 12-08-94 PRODUCER The Fullers In.c 3600 Roosevelt Blvd Key West, FL 33040 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR L... AL !~~ TH.E COVERAGE AFFORDED BY THE POLICIES BELO~~__ CQMP~~~_I.~~_.A.EfQ~FI~ING ~~CQ~J: RAG~ COMPANY A _.:~~~s~~~ ~y--:P fJ -. ... DATE _ (e:J -./'Y- j?~ N/A ~S INSURED D & V Commercial Alc, Inc 311 Margaret Street Key West, FL 33040 COMPANY B COMPANY C I I CO~ANY WAIVER: m8"IR~GII THIS IS TO CERTIFY THAl THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, t'--1EXCLl,JSIONS AND CONDI"'lQ/'l~Ql- SUCH POLICIES. LIMITS SHOWN MA ~ ~AV~El~E:N R.EDl!C;E:D BYF'AID CLAIM.S. I co i TYPE OF INSURANCE i POLICY NUMBER ! POLICY EFFECTIVE, POLICY EXPIRATION ! LTR ! j I DATE (MM/DD/YY) i DATE (MM/DD/YY) , ; ..------.---....-.-"-......-.-.------.-----.------.----,,_._--- i GENERAL LIABILITY GENERAL ~~(3~~.~~I~. . ,$_ ~~.f~MMERCIAL GENE~_~'=-~IABILlTY i PRODUCTS-COMP/OP AGG '$ ~-t--_J CLAIMS MADE I__._J OCCUR I _ ~~F~Sq.~AL & AD_\'--INJU_~Y $ i : OWNER'S & CONT PROT I EACH OCCURRENCE $ r----- i I ~I.R~J)~M!'QE JA_ny~~e~fir~) l ~h_ME~XP l~_~~_one personL_._L__.__________._ LIMITS 1'_...-----1 --.--. -~------------------~------.------.-.- ----- ! ! AUTOMOBILE LIABILITY o ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS COMBINED SINGLE LIMIT $ BODIL Y INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ HIRED AUTOS i NON-OWNED AUTOS ...._---_...._---~_.._-------,---_..^..... -~---~.~'''---_..~-----.._.,--'_.._--,.....~,..._~------".....--._,~.~..--~-'--- j ! ! I I 'A I GARAGE LIABILITY r---; __-! ANY AUTO ~----1 --------.--------~-..--~..~._.- ' I L-!~ESS LIABILITY '---i UMBRELLA FORM , ! OTHER THAN UMBRELLA I=ORM I ~ WORKERS COMPENSATION AN 0 i EMPLOYERS' LIABILITY ~Risk AUTO ONLY - EA ACCIDENT ..J .. OTHER THAN AUTO ONLY: Lh.fiT'i\:~-=~~~~~~,...~':-...---------~~~~~~~:~~~~~:.-;--------- AGGREGATE $ .-~-_.__.----_,_~_._.._h_.___.._...____. -...--h.....-.-~,_____~_~L________.___ STATUTORY LIMITS THE PROPRIETOR/ PARTNERS/EXECUTIVE i OFFICERS ARE: ; OTHER ~~] INCL I X. I EXCL i 890-00002848 01-01-94 EACH ACCIDENT t~JQ.Q_,Q_Q_O DISEASE - POLICY ~I~IT $ .590-,_Q.90 ___~.__.____'..____._.._________.___.,,_.~~~_~~_=!~CH..~~LOX~..~,_l 0 0 , 00 Q_ ''-'_''_' 01-01-95 I ~ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS I ! --'""~-"~---~-----_____~_____'~~_'_ ,r_ ___ ~_______...........' _~._~~____~~. _"~'_""_'_'."'___ _,.._.________.__..___,.__..~__.._~~_.._,___.~ Refrigeration, A/c; Repair~~ Sales and Installation l I..~.!~ J Monroe County Board of County Commissioners Attn: Public Works 5100 College Rd" Room 502 Key West, FL 33040 CANCEL.LA110N I ACORD 21-8(3193) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL --.!.9DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ANY KIND UPON THE _ COMPANY~_~GENT!I__..Q.~.___!!.~RESENTA!lYE_~_..._. 'ZED REPRESE~ 11( '/1 f!Yf e. @ ACORD COR TICH 1993 ...~..._:.....t-~...__,---.r.l.lt.._~>.o.l....,.,...,....,._;<.,\._.,......:,...,.~,y.,.."'...._.~_."'~__._.'-,._....._".-,........._~_.,..,.""'_....",...'__.<'.'.._...._.,,