06/10/1998 1
FED EX BUILDING ROOF CONTRACT
THIS AGREEMENT, made and entered into this /D day of J vrie, 1998, AD, by and between
MONROE COUNTY, FLORIDA, (hereafter sometimes called the Owner or County), and BOB
WILSON CO. (hereafter called the "Contractor ").
WITNESSED: The parties, for the consideration set forth, mutually agree as follows: n "TI -
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3.01 SCOPE OF THE WORK =t --'' P1
The Contractor must perform all the construction work, including providing all neo&a supplieso
and equipment, as set forth in the Contractor's bid for:
73- -v
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Fed Ex Building Roof 7< : -- 4? o
9000 Overseas Highway D o
Marathon, Florida
which bid is dated July 28, 1998, and is attached as Exhibit A and incorporated as part of this
Contract. The bid is the minimum contract standard and is the basis of inspection and
acceptance of all the work. The color of the Fed Ex Building Roof must also match the roof color
of the Marathon terminal building.
3.02 THE CONTRACT SUM
The Contract sum is $41,300. At 30 and 60 days following the commencement date (see
paragraph 3.04), the Contractor may request payment of one -third of the Contract sum minus
ten percent. Upon determination by the County that the roof construction work is proceeding in
a satisfactory manner, the County will pay the Contractor such sum (one -third of the contract
price minus ten percent) within 20 days of the County's determination that the work is
progressing satisfactorily. Upon completion of the roof in a manner satisfactory to the County,
the Contractor may submit an invoice to the County for the remainder of the Contract Sum.
The County must then pay that sum to the Contractor within 20 days of the County's receipt of
the invoice.
3.03 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor agrees that he has carefully examined the Fed Ex Building Roof and has
made investigations to fully satisfy himself as to the condition of the roof and that his bid
is based on such examination. The Contractor is not entitled to any additional
compensation based on a claim of new or previously undiscovered defects in the roof.
B. Any ambiguity or uncertainty in Exhibit A shall be interpreted and construed by the
County, and its decision shall be final and binding upon the Contractor.
C. Failure on the part of the Contractor, immediately after Notice to correct defects in
construction not in conformity with this Contract, entitles the County in its discretion to
correct the same and recover the reasonable cost of such reconstruction from the
Contractor, who is in any event jointly liable to the County for all damage, loss, and
expense caused to the County by reason of the Contractor's breach of this Contract
and /or his failure to comply strictly with this Contract and its Exhibits.
' 3.04 TERM OF CONTRACT
This Contract will commence upon execution. The roof construction work must be completed
within 90 days from that date.
3.05 HOLD HARMLESS
THE CONTRACTOR shall defend, indemnify and hold harmless the County as set forth in the
attached Exhibit B. Exhibit B is incorporated into this Contract by reference and made a part of
it.
3.06 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners or Monroe County. No
statement contained in this agreement may be construed so as to find the Contractor or any of
his /her employees, contractors, servants, or agents to be employees of the Board of County
Commissioners or Monroe County.
3.07 ASSURANCE AGAINST DISCRIMINATION
The Contractor may not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, termination, or any other area affecting employment under this
Contract.
3.08 ASSIGNMENT /SUBCONTRACT
The Contractor may not assign or subcontract its obligations under this Contract, except in
writing and with the written approval of the County, which approval shall be subject to such
conditions and provisions as the County may deem necessary. This paragraph must be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor must comply with all of the provisions of this contract. Unless expressly provided
for, such approval will in no manner or event be deemed to impose any additional obligation
upon the County, including any increase to the total agreed -upon compensation set forth in
paragraph 3.02.
3.09 COMPLIANCE WITH LAW
In providing all roof construction work pursuant to this contract, the Contractor must abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
work, including those now in effect and hereafter adopted. Any violation of the statutes,
ordinances, rules and regulations is a material breach of this Contract and entitles the County to
terminate this Contract immediately upon delivery of written notice of termination to the
Contractor. The Contractor must possess proper licenses to perform the construction work
throughout the term of this Contract.
3.10 INSURANCE
Prior to the commencement of work, the Contractor must furnish the County the Certificates of
Insurance set forth in Exhibit B.
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3.11 PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the construction work herein
described. The Contractor must at all times exercise independent, professional judgment and
must assume professional responsibility for the construction work to be provided. Payment by
the County is contingent upon retention of appropriate local, state, and /or federal certification
and /or licensure of the Contractor.
3.12 NOTICE REQUIREMENT
Any notice required or permitted under this agreement must be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY FOR CONTRACTOR
Airport Business Office Bob Hilson & Co.
Attn: Bevette Moore 300 Atlantic Drive, Suite 4
5100 College Road Key Largo, Florida 33037
Stock Island
Key West, Florida 33040
The notice will be considered received by a party two (2) days after its receipt by the Postal
Authorities of the United States for delivery to either address listed in this paragraph.
3.13 CANCELLATION
The County may cancel this contract for cause with seven (7) days notice to the Contractor.
Cause is a breach of the obligations of the Contractor to perform the roof construction work
required of the Contractor under this contract.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
above written in four (4) counterparts, each of which shall, without proof or accounting for the
other counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA •
£ � .4) By
Deputy Clerk Mayor /Chairman
ATTEST: BOB HILSON & CO.
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APPROVED OVED AS TO FORM
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MONP, E COUNTY
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CC # CC CO57388
I TRIEACEEIVED D 0 2 1998 State RC 0015630
BY: ' ED AND INSURED
BOB _ • REEMENT
•ILBON Customer's Phone No._ Date November 25, 1998
& COMPANY, INC. Name: Federal Express Building
The undersigned property owners hereby authorize Bob Hilson & Company, Inc. To supply all material and
10460 S.W. 187 TERRACE labor necessary for the work specified below on premises located at_M.M. 51.5 Overseas Highway
MIAMI, FLORIDA 33157 City Marathon County Monroe State Florida
(305) 238-7699
FAX: (305) 238 - 3821 GENERAL SPECIFICATIONS: WHEN REROOFING Remove existing roof to sheathing or a
smooth and workable surface. Haul away debris - Premises to be left clean. All work is to be performed in a
workman -like manner and in accordance with established practice and local building codes. The owner or
300 ATLANTIC DRIVE owners agent agree and understand that, all roof decks settle over the years causing an uneven surface
KEY LARGO, FLORIDA 33037 which will be more obvious when the building is reroofed. This is a normal condition and not caused by the
(305) 451 -2927 reroofing process and is not controllable by the roofing contractor.
FAX: (305) 451 -4953
Prepare the existing gravel roof as per above and haul away debris.
Flat area to receive:
Install new 5/8" CDX plywood over existing sheathing, nailed to code.
Install 1 ply 30# felt nailed to code.
Install new 1/4" per foot tapered insulation set in a solid mopping of hot asphalt.
COMMERCIAURESIDENTIAL Install 2 plies glass ply IV, shingle lapped set in a solid mopping of hot asphalt.
Install 1 ply modified bitumen shingle lapped and solid mopped.
• REROOFING Sloped area to receive:
Install new 5/8" CDX plywood over existing sheathing, nailed to code.
• ROOF REPAIRS Install 1 ply 30# felt nailed to code.
• NEW ROOFING
Install 1 ply slip sheet.
Install new 24 gauge spruce green eave metal.
•METAL ROOFING Install new 24 gauge 16.5 small batten spruce green panels.
Install new 24 gauge spruce green valley metal.
•CUSTOM SHEET METAL Install new 24 gauge spruce green hips and trim.
Repair existing soffit and fascia and cover fascia with .032 aluminum cover.
•ROOF MAINTENANCE " Above roofing is to receive a five year limited warranty, consequential damages excluded, issued upon
completion. A copy of which is attached and made part of this contract.
The price for the above work is S 41,300.00, plus woodwork.
LICENSED & INSURED The removal and replacement of rotted woodwork is additional to the contract price as per the woodwork
clause on reverse.
NOTES AND OPTIONS:
VISA & MASTERCARD 1: The above pricing reflects contractor having access to eave of roof for trucks and equipment.
ACCEPTED 2: TAX FOLIO NUMBER: s
We need this number to pull a permit for your job.
3: Any work not specified above is additional to the contract price.
4: No engineering calculations are included in the above contract price. If these are necessary to obtain
permitting they are the responsibility of the property owner. If this changes the scope of work the price will
be adjusted accordingly.
5: Paint warranty to be provided by manufacturer upon request.
6: First Notice of Consumer Rights attached to contract document.
SERVING 7: Commencement of work may exceed 90 days after contract acceptance. Owner initial
DADE
BROWARD
AND
FLORIDA KEYS
CC CO57388
CG C013930
CC C041344
CB CO38910
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www.bobhilson.com
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RECEIVED
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AIRPORTS
FORM #19
CONTINUATION OF FRONT PAGE OF CONTRACT
The removal and replacement of any decking (wood, gypsum, metal, lightweight concrete or insulation) is additional to
the contract and is done strictly on a time and material basis of $_45.00_ per man hours plus materials.
Any warranties made part of this contract will not be valid until entire contract is paid in fulL
PRICE SUBJECT TO CHANGE AFTER 15 DAYS.
All for the sum of: $ 41,300.00
Terms: To be paid 10% deposit, 50% upon dry in, balance in full upon completion.
NOTICE TO BUYER
1) Do not sign this contract before you read it or if it contains any blank spaces.
2) You are entitled to an exact copy of the contract you sign.
3) This contract is not cancelable after three days unless agreed to in writing by both parties. In the event of any
default of this contract by owner or signee for owner -owner agrees to pay all costs, profits and reasonable
attorney fees incurred by Bob Hilson & Company, Inc. As a result of said default.
In the event the amount of fee is not paid within ten (10) days of completion r as specified in writing on this contract the
account shall be in default. The acceptor of this agreement agrees to indemnify the company harmless from any costs of
expenses incurred in the collection of the defaulted account, or any part thereof, including attorney's fees, and further
agrees that the defaulted account will bear interest at the maximum lawful rate of 1 1/2% per month, not to exceed 18%
per year, on the unpaid balance.
Executed in triplicate, two copies of which were delivered to and receipt is hereby acknowledged by the buyer this
day of , 19
In the performance of this agreement Bob Hilson & Company, Inc. Hereafter referred to as the Company, will not be
responsible for any damage caused by settlement, vibration, distortion, water intrusion, or failure of the foundation on
which said roof sets or damage caused by hail, tempest, hurricanes, gale winds, unusual weather conditions, or acts of
God, nor for any damages or delays due to strikes, fire accidents, or other causes beyond our control, nor for inherent
defects in the premises on which work is to be done. The Company will use caution when working; however, except for
proven negligence, the Company cannot be responsible for interior or exterior damage to building, its contents or
surrounding property including plaster (such as cracks, small pops or water damage), paint, furnishings, personal
belongings, lawns, shrubberies, sidewalks, driveways, sprinkler systems, water lines, septic tanks or lines, antennas,
fiberglass or plastic roofs, screens or screen enclosures, pool, pool pumps, patios, washers, dryers, tools, vehicles, etc.
Except for the replacement of rotted or damaged wood which is performed under the woodwork clause above, the
Company and the owner or its agent agree that this contract and price are based on the belief that the structure on which
the work is to be performed is sound and built in accordance with local codes.
Open beamed ceilings: Please be advised, in the areas where you have open beam ceiling dust, dirt & debris will
infiltrate the interior of the structure. Please take precautions to protect any items that you do not wish to be soiled.
Any loose objects should be taken down or secured.
Vehicles should not be left in garage or driveways while work is in progress.
Should the owner or tenant not be present a phone number where he or she can be contacted, in case of emergency, must
be left with Bob Hilson & Company, Inc.
The Company will only prime coat that portion of the new wood that is exposed to the weather. In areas of stained wood
the new wood will be left unstained. The owner will be responsible for painting or staining any new wood.
We cannot assume responsibility for any damages done to the roof by plumbers, electricians, air conditioning men or any
other tradesmen, or persons.
Owner to be responsible for notifying contractor as to the location of septic tank. Any alteration or deviation from the
specification will become an extra charge and must be agreed to in writing by both parties.
This agreement constitutes the entire understanding of the parties, and no other understanding shall be binding unless in
writing and signed by both parties.
Roof maintenance: Upon completion of the roofing system a preventative roof maintenance program should be initiated
by the building owner to achieve normal life expectancy and performance. A yearly inspection prior to the rainy season
to ascertain the condition of such items as counter- flashing, penetrations, metal edging, membrane defects, etc. or other
observed unsatisfactory conditions should be immediately corrected. Check all drains for the flow of water, removing all
debris from the roof. Worn and weathered reflective coatings should be re- coated. Your roofmg warranty may be
affected by lack of maintenance
Approved and Accepted: X
(Owner/Purchaser /Agent for Owner sign here) Date
.... 330
Bob Hilson & Company, Inc.
By / //AO/9g
(Authorized agent only sign here) Date
EXHIBIT `B'
INSURANCE REQUIREMENTS
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MARATHON — AIRPORT 3052896071 P.
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MON'ROL COUNT, FLORIDA t. . {
.I RISKNIANAGF'N1EN'T r r„
- POi.ICY AND PIROCEDURES E
CONTRACT ADMINISTRATION . ;
MANUAL , t
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Airport/Aircraft f
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Phis section of the manual will apply to those activities which are associated with, or conducteJ
it the County's Airports. or involve Aircraft Activities. The types and amounts of insurance wi`i
F be determined based on the type of activity and its projected cost. The fact that the funds used to
pay for the activity were obtained from Federal. Stag, or other grams is not material.
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i / )J! Ia.ne.c J?J..o?Usions f -CCs?rtst j > t .It.C. Aillni5- wl.1 .sovernP . by i11:._zCC i*n
i'1 i111 rrr.nuaJ-cntiJicd ClD;t n} cttQn_C P.1 11 1a .C.SQI :_o1L.5.t!bcsoLa.cl.15_
A sprcial matrix of activities has been developed and incorporated within this section to assist In
. the establislunent of the proper insurance coverages and Iirnits.
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AS a f !cneral rule, all contracts will include:
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• Indemnification and Hold Harmless Provisions I
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• • General Insurance Requirements r
• Workers' Compensation Provisions
` • General Liability Provisions
• Vehicle Liability Provisions
and
- .'ikirpori or Aircraft Liability Provisions
Questions should he directed to Risk A'lanar_emcnt at(305) 292- 4542.
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MARATHON — AIRPORT 3052896071 P.05
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MONItOt, COUN'I'Y� FI. d. •
1 iUISK MANACt M1?NT ; r'1
POLICY AND i'ItO DURES t' ,
CONTRACT ADMINISTRA'T'ION , '
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General Insurance R4quircnlcnts
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Airport /Aircraft Activities t r
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Prior to the commencement of work governed by this contract (including the pre- stae of
personnel and material), the Vendor shalt obtain, at hi's/her own expense, insurance as specified
In the attached schedules, which are made part of this contract. The Vendor will ensure that the 1
Inswa11CC obtained will extend protection to all Contrb.ctors engaged by the Vendor. .
The Vendor will not be permitted to coinmence work governed by this contract (including prc- , ' 1 '
i staging of personnel and material) until satisfactory c'idencc of the required insurance has been ll ``
furnished to the County as specified below. 1 1 ' 'f.
The Vendor shall maintain the required insurance throughout the entire term of this &tract and . ' y 1.
any extensions specified in any attached schedules. Failure to comply with this provision may ! ,
result in the immediate suspension of all activities conducted by the Vendor and its Contractors ' I
until the tequited insurance has been reinstated 01 rcpiaccd.
"lite Vender shalt provide, to the County, as satisfactory evidence of the required insurance,
either: , t z'.
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. • Certificate o f Insurance ; , ,
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• A ('crtificd copy of the actual insurance policy. '
The County, at its sole option, has the right to rcqucsti a certified copy of any or all insurance t' "t '
policies required by this contract. t i
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All insurance policies must specify that they are not subject to cancellation, non - ren ` l .`
material change, or reduction in coverage unless a inijumum of thirty (30) days priornotificatior
is liven to the County by the insurer. ' i„.
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The acceptance andtor approval of the Ven i nsurance shall not be construed as relieving the ; , f r
t Vendor front any liability Or obligation assumed under this contract or imposed by loy. .' '
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" I liC Monr,yc County Board of County C�onlrrri :sinner. , its employees and officials will he ;
included as "Ac l,titional Insur o n all policies, except for Workers' C'ompcnsntion !
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• Any 1Irviationr; fiom ihese. (lencral Insur;oyce Reti111r11n14nts must be. rtques1ed in writint, on the 6 s:`
C lulity prcarlrccl hitn, clttiticd "Request for \V'ai�'cr;of Insuran Requirements" and 4 ''` i.
inpt,i∎Tkl by N.4orlr�1�• ('(duty IZislc i\4an:iItrnlent t
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NIONROE COUNTYMONROE COUNTY, FLORIDA
RISK MANAGEMENT
_ POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL. - -
Indemnification and Hold Harmless ,
for Airport /Aireraft'A'ctivities' "
•
The Vendor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the Vendor or any of its Contractors, occasioned by the
negligence, errors, or other wrongful act or omission of the Vendor or its Contractor(s), their
employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
AIR
MARATHON — AIRPORT 3052896071 P.04
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\ \'ORKERS' COMPENSATION
INSURANCE R _ OR {
FQUIRENIENTS F ' "` A i
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Prior to the c.ornrnenccment of work governed by this contract, the Contractor shall obtain
\Yorkers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. { r '
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• In addition, the Contractor shall obtain Employers' I,iahility Insurance with limits of not Jess r
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than: i n ii
ri 5100,000 Bodily Injury by Accident
• 5.500,000 Bodily Injury by Disease, policy limits
S100,000 [3 Injury , t:,
Bodily In�t r} by Disease, each e lob ee ,
Coverage shall be maintained throughout the entire terili of the contract. p " ' ' '
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida. r
if the Contractor has been approved by the Florida's Department of Labor, as an authorized self- i },
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate 1 .',,
of Insurance, providing details on the Contractor's Excess Insurance Program.
lithe Contractor participates in a self- insurance fund, a;Certificate of Insurance will b required. , '#
in addition, the Contractor may be required to submit updated financial statements from the fund P
upon request from the County. } I
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MARATHON — AIRPORT 3032896071 P.02
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GENERAL. LIABILITY y
INSURANCE RI QUIREMENTS }
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'r Prior to the commencement of work governed b�� this contract, the Contractor shall obtai
I General Liability Insurance. Coverace shall be maintained tluoughout the life of the contract arld ' '
include, as a minimum: ; ,
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• Premises Operations
• Products and Completed Operations
.! • L31anket Contractual Liability
d • Personal Injury Liability 1
: j • Expanded Definition of Propeny Damage j'
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The minimum limits acceptable shall he: 1 s 3° J
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S 300,000 Combined Single Limit (CSI.) ,
If split limits are provided, the minimum limits acceptable shall be: }
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S 100,000 per Person 1 ,
S300,000 per Occurrence F 4
ti S 50,000 Property Damage �c i ,1:'.
An Occurrence ror pol icy is preferred If coverage is provided on a C Made policy, its $
provisions should include coveravc for claims filed on or after the effective date of ttiis contract' ''
• In addition, the period for which claims may be reported should extend for a minimum oft 'clvl
(12) months following the acceptance of work h� the County. ,
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x The Monroe County Board of County Commissioners shall be named as Additional Insured on t.
all policies issued to satisfy the above requirements. .#
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MARATHON — AIRPORT 3032896071 P.03
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INSURANCE REQU '
FOR F `
CONTRACT } ,
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NIONROE COUNTS, FLORII)A 1: k " }�
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Recognizing that the work governed by this contract tcquires the use of vehicles, the Contractor ,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall b §
maintained throughout the life of the contract and include, as a minimum, liability coverage for:{ ,
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• Owned, Non - Owned, and Hired Vehicles ' ;
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.I The minimum limits acceptable shall be
S100,000 Combined Single Limit (CSL)
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If split limits are provided, the minimurn limits acceptable shall be:
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S 50,000 per Person 4 r l:i
S100,000 per Occurrence
S 25.000 Property Damage
'll)c Monroe County Board of County Comrnissioncrs'shali be named as Additional Insured on N a -
all i)olieies issued to satisfy the above requirements. , �
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