09/19/2001 Agreement
SECTION THREE
CONTRACT
TIllS AGREEMENT, made and entered into this 19th day of September, 2001, A.D. by and between
Monroe County, Florida, (hereinafter called the "Owner"), and Houston Air. Inc. (hereinafter called
the "Contractor").
WITNESSED:
as follows:
That the parties hereto, for the consideration hereinafter set forth, mutually agree
3.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part, consists
of the contract documents.
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders, and any
addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
together with the bid proposal and all required insurance documentation.
3.03 SCOPE OF WORK
The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and
transportation, and perform all of the work described in the Specification entitled:
CENTRAL AIR CONDITIONING
MAINTENANCE AND REPAIR
T~~_~ ------ _. ~TT T.............'"
MONROE COUNTY, FLORIDA
And his bid dated August 30, 2001, attached hereto and incorporated as part of this contract
document, and shall do everything required by this Contract and other Contract Documents.
3.04 THE CONTRACT SUM
The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful
money of the United States, as follows:
A. The actual cost of parts and materials purchased from the manufacturer plus 35% used
by the Contractor to fulfill the obligations of the Contract. Manufacturer's invoice must
accompany all requests for payment for any part which exceeds $100.00, and may be
requested at the discretion of the Owner for any part, regardless of the cost.
B. The cost of labor and equipment used by the Contractor to fulfill the obligation of the
Contract. The labor and equipment costs will be calculated using the unit 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 thought
Friday, excluding holidays.
$60.00 per hour, mechanic
$90.00 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the normal working hours as stated in
SECTION 2, paragraph B, including holidays.
$90.00 per hour, mechanic
$135.00per hour, mechanic plus helper
Such costs must be documented for each repair and/or maintenance job and included
with all Applications for Payment.
C. Freon for recharging systems:
1) R-22 $8.00 per pound
2) R-12 $40.00 per pound
D. The total contract sum shall not exceed $20,000.00 per year.
3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. Any 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. The 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 repair, 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 normally 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 Contractor and/or his Surety, immediately
after Notice to either, to repair or replace any such defective materials and workmanship shall
entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of
such replacement and/or repair from the Contractor and/or his surety, who shall in any event be
jointly and severally 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 strictly and in
all things with this Contract and with the Specifications.
3.06 LIQUIDA TED 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 within the specified time; it
being further agreed that said sum is not a penalty, but is the stipulated amount of damages
sustained by the Owner in the event of such default by the Contractor.
3.07 PAYMENTS
In 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 Contractor shall invoice the County monthly for central air conditioning
maintenance and repair services performed under the Specifications contained herein.
The Owner will, within ten days after receipt of each application for payment, either process
payment or return the application to the Contractor indicating in writing 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 Owners recommendation, the amount recommended will become due and
will be paid to the Contractor.
3.08 TERM OF CONTRACT/RENEW AL
A This contract shall be for a period of one (1) year, commencing October 20, 2001, and
terminating on October 19, 2002. This contract is renewable in accordance with Article 3.08B.
B. The Owner shall have the option to renew this agreement after the first year, and each
succeeding year, for two additional one year periods. The contract amount agreed to herein
might be adjusted annually in accordance with the percentage change in the Consumer Price
Index for all urban consumers (CPI-U) for the most recent 12 months available. Increases in
the contract amount during each option year period shall be extended into the succeeding years.
C. Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so. The County may terminate this
agreement for cause within seven (7) days written notice of its intent to do so.
3.09 HOLD HARMLESS
The Contractor shall defend, indemnify and hold harmless the Monroe County Board of County
Commissioners as indicated on form TCS.
3.10 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 for Monroe County.
No statement contained in this agreement shall be construed so as to find the contractor or any
of hislher employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
3.11 ASSURANCE AGAINST DISCRlMINA nON
The Contractor shall 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, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
3.12 ASSIGNMENT
The contractor shall not assign or subcontract this agreement, except in writing and with the
prior written approval of the Board of County Commissioners for Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Owner and
Contractor may deem necessary. This agreement shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor 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, nor relieve the contractor of his
obligations under this contract.
3.13 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, 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 agreement and shall
entitle the Owner to terminate this contract immediately upon delivery of written notice of
termination to the contractor.
3.14 INSURANCE
Prior to 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 attached
forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL1, and VL1, each
attached hereto and incorporated as part of this contract document.
3.15 FUNDING A V ARABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially reduced
or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the
services/goods specified herein, 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
Contractor. The Owner shall not be obligated to pay for any services provided by the
Contractor after the Contractor has received written notice of termination.
3.16 PROFESSIONAL RESPONSmILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, subject to the terms and conditions set
forth in the Public Works Specification Manual entitled "Central Air Conditioning Repair for
Upper Keys FacilitiesIFrom Conch Key up to and Including Key Largo", which is attached
hereto and incorporated herein as a part of this contract/agreement. The provider shall at all
times exercise independent, professional judgment 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 contractor.
3.17 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the
following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
Houston Air, Inc.
P.O. Box 1321
171 Hood Avenue
Tavernier, FL 33070
3.18 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida.
3.19 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Monroe County Board of County Commissioners.
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
~be deemed an original Contract.
~J.'
L. KOLHAGE, Clerk
'1, 2.00 ,
(SEAL)
Attest:
Title:
[) (fP mwJL
BYWI~in~ if) ~
Title: Sev<!/=t
BOARD OF COUNTY COMMISSIONER
~OE COUNTY, FLORIDA
Y [j.e ~d
Mayor/Chairman
CONTRACTOR
HOUSTON AIR, INC.
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1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor 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 Contractor" failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor IS for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
Administration Instruction
#4709.2
TCS
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list. "
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACTADNUN~TRATION
MANUAL
General Insurance Requirements
For Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in the contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this 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 resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
Or
· A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (3) days prior notification
is given to the County by the insurer.
GIRl
AdministIation Instruction
#4709.2
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
GIRl
Administration Instruction
#4709.2
. ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
INSURED
Houston Alr, Inc.
P.O.Box 1321
Tavernier, FL 33070~
/
DATE (MMlDD/YY)
09/25/2001
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODuCER (~05)247-5121
T.R. Jones & COft1)any
1780 North Krome Avenue
Homestead, FL 33030
FAX (305)248-8543
INSURER A:
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
INSURERS AFFORDING COVERAGE
St. Paul Fire & Marine Ins Co
CO/t1l Options
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~SR TYPE OF INSURANCE POLICY NUMBER POLICY EF~EC/Wf Pg~'f:,~~~~A~l?N LIMITS
TR
GENERAL LIABILITY BK00811427 01/06/2001 01/06/2002 EACH OCCURRENCE $ 500,000
~ 300,000
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone file) $
1 CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000
A PERSONAL & ADV INJURY $ 500,000
I---
GENERAL AGGREGATE $ 1,000,000
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ 1,000,000
I nPRO- n
POLICY JECT LOC
AUTOMOBILE LIABILITY BA00767390 01/06/2001 01/06/2002 COMBINED SINGLE LIMIT
7 ANY AUTO (Ea accident) $ 500,000
I--
ALL OWNED AUTOS BODILY INJURY
I-- (Pel person) $
SCHEDULED AUTOS
A -
HIRED AUTOS BODILY INJURY
- (per accident) $
NON-OWNED AUTOS
r---
PROPERTY DAMAGE $
(per accident)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY l3K00811427 01/06/2001 01/06/2002 EACH OCCURRENCE $ 3,000,000
~ OCCUR o CLAIMS MADE AGGREGATE $ 3,000,000
A $
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND KVS21UB271D858101 01/01/2001 01/01/2002 X I ~~-7[~Ns I 10JH-
ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 100,000
B
E.L. DISEASE - EA EMPLOYEI $ 100,000
E.L. DISEASE - POLICY LIMIT $ 500,000
OTHER
~~ESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
o Day Notice of Cancellation applies to Workers Co/t1lensation
ertificate Holder Listed as Additional Insured for Genera] Liability & Conmercial Auto
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Monroe County Board of County Commissions ....!!L.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Attn: Amy Mytnik BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3583 S. Roosevelt Blvd OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Key West, Fl 33040 AUTHORIZED REPRESENTATIVE
Deborah McAfee
ACORD 25-5 (7/97)
@ACORDCORPORATION 1988
. "
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
ACORD 25-8 (7/97)
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverage's marked 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 that the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
WC3
WCUSLH
X
X
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same As Employers'
Liability
WCJA
Administration Instruction
#4709.2
INSCKLST
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
· Premises Operations
. Blanket Contractual
. Expanded Definition
Of Property Damage
.
Products and Completed Operations
Personal Injury
.
Required Limits:
GLl
x
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GL2
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GL3
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4
$5,000,000 Combined Single Limit
Required Endorsement:
GLXCU
Underground, Explosion and collapse (XCV)
GLLIQ
Liquor Liability
GLS
Security Services
All endorsements are required to have the same limits as the basic policy
Administration Instruction
#4709.2
INSCKLST
VEHICLE LIABR.ITY
As a minimum, coverage should extend to liability for:
· Owned~ Non-owned~ and hired Vehicles
Required Limits:
VLl
x
VL2
VL3
VL4
BRl
MVC
PRO 1
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
Administration Instruction
#4709.2
$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 Damage
or
$300,000 Combined Single Limit
$500,000 per Person~ $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
NUSCELLANEOUSCOVERAGES
Builders'
Risk
Limits equal to the
completed project
Motor Truck
Cargo
Limits equal to the maximum
value of anyone shipment
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrencel$I,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
Pollution
Liability
$ 500,000 per Occurrencel$ 1,000,000 Agg.
$1,000,000 per Occurrence/$ 2,000,000 Agg.
$5,000,000 per Occurrence/$lO,OOO,OOO Agg.
Employee
Dishonesty
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Garage
Keepers
INSCKLST
MEDl Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLPl Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liability Maximum Value of Property
HKLl Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $1,000,000
AIR 1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOl Architects Errors $ 250,000 per Occurrencel$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrencel$ 1 ,000,000 Agg.
AE03 $1,000,000 per Occurrencel$3,OOO,000 Agg.
EOl Engineers Errors $ 250,000 per Occurrencel$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrencel$ 1 ,000,000 Agg.
E03 $1,000,000 per Occurrence/$3,OOO,000 Agg.
Administration Instruction
#4709.2
INSCKLST
mSURANCEAGENTSSTATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTffiLES
Liability policies are
Occurrence
Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
Administration Instroction
#4709.2
INSCKLST
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Central AlC Maintenance & Repair
Upper Keys Facilities
BETWEEN
MONROE COUNTY, FLORIDA
AND
Houston Air. Inc.
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General LiabiJity Jnsurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. Jf coverage is provided on a Claims Made
poJicy, its provisions should include coverage for claims fiJed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Administrative Instruction
#4709.2
GL1
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Central AlC Maintenance & Repair
Upper Keys Facilities
BETWEEN
MONROE COUNTY, FLORIDA
AND
Houston Air. Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
Admin~dtNe Instruction
fLl4709.2
VL1
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: Central AlC Maintenance & Repair
Upper Keys Facilities
BETWEEN
MONROE COUNTY, FLORIDA
AND
Houston Air. Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire tenn of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the contractor may be required to submit updated financial statements from the fund upon
request from the County.
Administrative Instruction
#4709.2
WC1
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting on
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
. The County as being named as an Additional Insured-If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name the
County as an Additional Insured, Risk Management has been granted the authority to waive
this provision.
and
. The Indemnification and Hold Hannless provisions
Waivina of insurance Drovisions could eXDOse the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted
for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the
Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or the Board of County Commissioners, who retains the final decision-making authority.
Administrative Instruction
#4709.3
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
Administrative Instruction
#4709.3
BID FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
BID FROM: HOUSTON AIR, Ioc.
P.O. BOX 1321
TAVERNIER, FL 33070
The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto
and other Contract Documents for the services of:
CENTRAL Am CONDITIONING MAINTENANCE AND REPAIR, UPPER KEYS
FACILITIES.
And having become familiar with all local conditions including labor affecting the cost thereof, and
having farpiliarized himself with material availability, Federal, State, and Local laws, ordinances, rules
and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics,
tools, material, equipment, transportation services, and all incidentals necessary to perform and
complete said work in a workman-like manner, in conformance with said drawings, specifications, and
other contract documents including addenda issued thereto.
1. Labor - normal working hours of 8:00am to 5:00pm Monday through Friday, excluding
holidays:
BID PRICE: $ 60.00
PER HOUR, MECHANIC
PER HOUR, MECHANIC PLUS HELPER
BID PRICE: $ 90.00
2. Labor - overtime rate for hours other than the normal working hours as stated in item 1 above,
including holidays:
BID PRICE: $ 90.00 PER HOUR, MECHANIC
BID PRICE: $ 135.00 PER HOUR, MECHANIC PLUS HELPER
41
3. Materials - Freon for recharging systems:
BID PRICE PER POUND - R-22 $ 8.00
BID PRICE PER POUND - R-12 $ 40. 00
4. Materials - supplies and replacement parts:
BID PRICE: Manufacturer's Invoice 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.
The Contractor's request for payment (as outlined in the General Conditions) must itemize each of the
costs stated in paragraph D of Section Two, Contract Specifications.
The air conditioning units to be maintained are installed at County Facilities located throughout the
upper keys, from Conch Key up to and including Key Largo, Florida. Window and portable units may,
from time to time, be submitted for analysis for economical repair. If the Contractor finds that the unit
is economically repairable, the Contractor will 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.
I acknowledge receipt of Addenda No. (s)
I have included pages 41 through 45 of the Bid Proposal which entails the Proposal Form X. the
Non-Coll~sion Affidavit ~ and the Lobbying and Conflict of Interest Clause ~ and the Drug
Free Workplace Form~. In addition, I have included copy of Contractor's License~.
(Check mark items above. as a reminder that they are included.)
Mailing Address:
P.o. BOX 1321
Signed:
~~ \l\~q:,,>
Date:
~) //- "
Witness: ~~
(Seal)
Telephone: (305) 852-2960
Fax: (305) 852-0656
08/24/01.
TAVERNIER, FL 33070
ry. ~~ /'
V ~~~
DAVID HOUSTON
(Name)
PRESIDENT
(Title)
42
NON-COLLUSION AFFIDAVIT
I, DAVID HOUSTON of the city of TAVERNIER
law on my oath, and under penalty of peljwy, depose and say that:
according to
I.
lam
THE PRESIDENT
ofthefinnof HOUSTON AIR, Inc.
the bidder making the Proposal for the project described in the Notice for Calling for bids for:
CENTRAL AIR CONDITIONING REPAIRUUPPER KEYS FACILITIES
and that I executed the said proposal with full authority t do so:
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 with any other
bidder or with any competitor;
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 disclosed by the bidder prior to bid opening, directIy or
indirectIy, to any other bidder or to any competitor; and
4. no attempt has been made or will be made b 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 contIacts for said project.
~ (\ lr\rd -",
.. J.\r>-.. ~\ QR/24/Ql
(Signature of Bidder) (Date)
STATE OF:
....LOIUDA
MONROE
COUN1Y OF:
PERSONALLY APPEARED BEFORE ME, the undersigned au~m, ~v j 1) !tw:5 Tbf'0 who,
after first ?Ring sworn by me, (92JDe of individual signing) affix~er signature in the space provided above on this
J-}-f - day of (.,Lflgvsr 20~.
~~~~ ~ ~~
My Commission Expires:
;:(:,/3 3.2DD3
,
.
~~ !!f !/~
NOTARY PUBLIC tJ
G)t.,; CHRlSTINAMlCHEl.l.EVASCUEZ .
;i . ';* MY ca.!MlSS!ON . CC 8065e5
. ., EXPIRES; Februllry3.2D03
~ f'la.1'bIIr....&~eo.
43
,. ('~"".....;,.,., '"
'" ",. "' ~)i1C I~,,",,~,,, .', ""..
''','''.. \')"L:;:;';:J~?' ":'~"r(';i~:"
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ElIDCS CLAUSE
DAVID HOUSTON
warrants that he/it has not employed, retained
or otherwise had act on hislits behalf any fonner County officer or employee in violation 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
may, in its discretion, tenninate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
3- \e< ~ ~ ~::t,~ ') -----:-
(signature)
D~: 08/24/01
STATE OF FLOR.IDA
COUNTY OF MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
)nolle l-bTh'-"> who, after first being sworn by me, affixed ~
A
signature (name of individual signing) in the space provided above on this ~ '-1- day of
Pru~61 . ~J:b'.
~J ~
C ~~~~'pZ2~/ 7'0
My COmmission expires:
.--..............~
e' CHRJs11N -~""!1
-1 '.... . .~ MICH8J..E VASnU~
'on COt.t:.;~"....... ... l:4
~-- .~"'#cc~
~ ~:~:I,:!D03
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OMB - MCP FORM #4
44
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
HOUSTON AIR, INC.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Infonn employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
'..
5. Impose a sanction on, or require the satisfactol)' participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
JJ~. .t~+)
's Signature
Date
08/24/0'1
OMB - MCP#5
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