10/15/1997 Agreement
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SECTION THREE
CONTRACT
THIS AGREEMENT, made and entered into this 15th day of October,
1997, A.D., by and between Monroe County, Florida, party of the
first part (hereinafter sometimes called the "Owner"), and
Houston Air, Inc., party of the second; part (hereinafter
sometimes called the "Contractor").
WITNESSED: That the part.ies hereto, for the consideration
hereinafter set forth, mutually agree as follows:
3.01 SCOPE OF THE WORK
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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
UPPER KEYS FACILITIES
FROM ISLAMORADA UP TO AND INCLUDING KEY LARGO
MONROE COUNTY, FLORIDA
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and his bid dated September 23, 1997, attached h~eto ~~d
incorporated as part of this contract document, and shall
do everything required by this Contract and other Contract
Documents.
3.02 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 obligations of the Contract. The labor and
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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 through Friday, excluding holidays -
$52.00 per hour, mechanic
$78.00 per hour, mechanic plus helper
2. Labor - overtime rate for hours o~her than the normal
working hours as stated in Article 2.028-1, including
holidays
$78.00 per hour mechanic
$117.00 per hour, mechanic plus helper
Such costs must be documented for each repair and/or
maintenance job and included with all Applications for
Payment. ~.
C. Freeon for
1) R-22
2) R-12
recharging systems:
$ 8.00 per pound
$40.00 per pound
D. The total contract sum shall not exceed Fifteen Thousand
Dollars ($15,000.00) per year.
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3.03 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
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either, to repair or replace any such detective mat~~ials
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 pf the Contractor's
breach of this Contract and/or his ~ailure to comply
strictly and in all thi~gs with this Contract and with the
Specifications.
3.04 LIQUIDATED DA~AGES
Time is of the essence of this Contract "'~nd should the
Contractor fail to complete the emergen.cy 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 ($50.0Ql 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
wi thin the speci f ied time i it being further agreed that
said sum is not a penalty, but is the stipulated amount of
damages sustained by t.he Owner in the event of such
default by the Contractor.
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3.05 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,
application for
the application
OWNER's reasons
v1i thin ten days after receipt of each
payment, either process payment or return
to the CONTRACTOR indicating in writing the
for refusing to recommend payment. In the
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latter case, the CONTRACTOR may make the necessary
corrections and resubmit the appl ication. 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.
3.06 TERM OF CONTRACT/RENEWAL
.
A. This contract shall be for a period of one (1) year,
commencing on October 20, 1997 and terminating on October
19, 1998. This contract is renewable in accordance with
Article 3.06B.
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 may be adjusted annually in accordance with the
percentage change in the Consumer Price Index (CPI) for
Wage 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
previous year. Increases in the contract amount during
each option year period shall be extended into the
succeeding years.
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C. Either of the parties hereto may cancel this agreement with
or without caU3e by giving the other party sixty (60) days
written notice of its intention to do so.
3.07 HOLD HARMLESS
The Contractor shall defend, indemnify and hold the County
Harmless as indicated on form TCS1.
3.08 INDEPENDENT COHTRACTOR
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 co~tained in this agreement shall be construed so
as to find the contractor or a~y of his/her employees,
contractors, servants, or agents to be employees of the
Board of Count? Commissioners for Monroe County.
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3.09 ASSURANCE AGAINST DISCRIMINATION
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, pro~oting, terminating,
or any other area affecting employment u~der this agreement
or with the provision of services or goods under this
agreement.
3.10 ASSIGNMENT
The CONTRACTOR shall not assign this agre~ent, 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 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.
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3.11 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, i~cluding 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.
3.12 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
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detailed on forms WC1, GL1, VL1, GIRl & GI~2, each att?ched
hereto and incorporated as part of this contract document.
3.13 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance
Contractual Services are partially re~uced 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 ~~ontractor has
received written notice of termination.
3.14 PROFESSIONAL RESPONSIBILITY
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 Facilities/From Islamorada 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.
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3.15 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 by 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
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3.16
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.
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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 the other counterparts, be deemed an original Contract.
COUNTY OF MONROE, STATE OF
FLORIDA "'.
Attest:
By
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AGE, Clerk
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Clerk
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Corporate Seal if Corporation
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\10?\ROE COUNTY PLBLlC WORKS DIVISION
FACILlTIES MATNTE;\AJ'-JCE DEPARTMENT
CONTRACT SPECIFICATIONS -.
CENTRAL NC REPAIR
UPPER KEYS F.-\CILITTES
MO]'<ROE COUNTY, KEY WEST, FLORIDA
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BOARD OF COUNTY COJv1JvlISSIOJ'\T[RS
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Mayor Keith Douglass, District 4
Mayor Pro- Tern Jack London, District 2
Wilhelmina G. Harvey, District I
Shirley Freeman, District 3
Mary Kay Reich, District 5
COUNTY ADMI.!\:1STRA TOR
James L. Roberts
DIRECTOR OF PUBLIC WORKS
Dent Pierce
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
FACILITIES MAINTENANCE DIRECTOR
Carlos Zarate
JULY, ] 997
Prepared By
Cindy Sav-;yer, Contract Monitor
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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 REPA,lR
UPPER KEYS FACILITIES
UP TO AND INCLUDING BIG PINE KEY
MONROE COUNTY, FLORIDA
B. The facilities are located from Islamor~a up to and
including Key Largo, Florida. Buildings to be serviced
shall include, but shall not be limited to, the following:
SHERIFF'S SUB-STATION
88770 Overseas Highway, Plantation
GOVERNMENTAL CENTER/COURTHOUSE
Highpoint Road, Plantation Key
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COUNTY OFFICES - SOCIAL SERVICES & CODE ENFORCEMENT
Highpoint Road, Plantation Key
CARPENTER SHOP
Key Heights Drive, Plantation Key
SENIOR CITIZEN CENTER / AARP
Highpoint Road, Plantation Key
TEMPORARY COURTROOM
Governmental Complex, Plantation
SHERIFF'S OFFICES - DETECTIVE'S TRAILER
US 1, Plantation Key
Former Mobile Trailer
SHERIFF'S OFFICES - FIRST APPEARANCE
US 1, Plantation Key
Former Mobile Trailer
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JERRY ELLIS BUILDING
Governmental Center Complex
88800 Overseas Highway
Plantation Key, Florida
PLANTATION KEY DETENTION FACILITY/JAIL
53 High Point Road
ISLAMORADA FIRE STATION
Islamorada, Florida
TAVERNIER FIRE STATION
Marine Avenue,Tavernier
HEALTH CLINIC
170901 Highway #1 (Rear), Tavernier
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N. KEY LARGO FIRE STATION
MM106, North Key Largo, Florida
1.02 DEFINED TERMS
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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 QUALIFICATIONS OF BIDDERS
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A. Each bid must contain evidence of the bidder's
qualifications to do business in the area where the project
is located.
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B. To demonstrate qualifications to perform the work, each
bidder shall submit written evidence as to financial
status, previous successful contractual and tecnnical
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
areas of political jurisdiction involyed in the work of
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this project and such other data as may b~ requested by the
OWNER.
1.05 DISQUALIFICATION OF BIDDERS
A. One Bid: Only one bid from an individual, firm,
partnership or corporation under the ~ame or under
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different names will be considered. In ~he 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. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or
proposal in response to this invitation must execute the
enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that
collusion exists among the bidders, the bid or proposals of
all participants in such collusion shall be rejected, and
no participants in such collusions will be considered in
future bids for the same work.
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C. PUBLIC ENTITY CRIME: A person or affiliate who has been
placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public
enti ty, 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 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 p~ovided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list. Category Two:
$10,000.00.
D. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or
proposal in response to this invi tation must execute the
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enclosed DRUG-FREE \~ORKPLACE FORM and submi tit wi th his
bid or proposal. Failure to complete this form in every
detail and submit it with your bid or proposal may result
in immediate disqualification of your bid or proposal.
1.06 EXAMINATION OF CONTRACT DOCUMENTS
A. Each bidder shall carefully examine the specifications and
other contract documents, and inform; himsel f 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
part of the CONTRACTOR will in no way relieve him of the
obligations and responsibilities assumed under the
contract. ~
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B. Should a
omissions
doubt as
OWNER.
,
bidder find discrepancies or ambiguities in, or
from, the specifications, or should he be in
to their meaning, he shall at once notify the
1.07 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
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No oral interpretations will be made to any bidder as to
the 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
opening 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 dpcuments and each bidder will be
bound by such addenda, whether or not received by him. It
is the responsibility of each bidder to verify that he has
received all addenda issued before bids are opened.
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1.08 GOVERNING LAWS AND REGULATIONS
A. The 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. The bidder shall include in his bid prices all sales,
consumer, use, and other taxes requ'ired to be paid in
accordance with the law of the State' 'of Florida and the
County of Monroe.
1.09 PREPARATION OF BIDS
A. Signature of the bidder: The bidder I!UJst sign the Bid
forms in the space provided for the signature. I f the
bidder is an individual, the words "doing business as
If, 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
the words "Member of the Firm" should be written beneath
such signature. If the bidder is a corporation, the title
of the officer signing the bid in behalf of the corporatio~
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 item 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. Two (2) signed originals and one (1) copy of each bid shall
be submitted.
B. The bid shall be submitted 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
mentioned envelope shall be enclosed in another envelope
addressed to the entity and address stated in the Notice of
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Calling For Bids,
registered mail; if
shall be delivered
received until the
Calling For Bids.
and preferably by special delivery,
forwarded otherwise than by mail, it
to the same address .-. Bids will be
date and hour stated in the Notice of
C. Each bidder shall submit with his bid the required evidence
of his qualifications, experience and financial status as
outlined in Article 1.04.
1.11 WITHDRAWAL OF BID
Any 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 af~r the date of
the opening of the bids, provided that the bidder has not
been notified that his bid has been accepfed.
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 date and
time.
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B. A bidder may modify his bid by telegraphic communication at
any time prior to the scheduled closing time for receipt 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
wi thin two days from the closing time, no consideration
will be given to the tele~raphic modification.
1.13 RECEIPT AND OPENING OF BIDS
Bids 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
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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
anyone for the premature opening of a bid not properly
addressed and identified. Bidders or their authorized
agents are invited to be present.
1.14 DETERMINATION OF SUCCESSFUL BIDDER
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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 incomplete, unbalanced, conditional,
obscure, or which contain additions not~ requested or
irregularities of any kind, or which do not comply in every
,
respect with the Instructions to Bidders, and the contract
documents, may be rejected at the option of the OWNER.
1.15 AWARD OF CONTRACT
A. The OWNER reserves the right to reject any or all bids, or
any part of any bid, to waive any informality in any bid,
or to re-advertise for all or part of the work
contemplated. I f 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
contract to him.
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B. I f the award of the contract is annulled, the OWNER may
award the contract to another bidder or the work may be
re-advertised or may be performed by other qualified
personnel as the OWNER decides.
C. The contract will be awarded to the most qualified bidder
complying with the applicable conditions of the contract
documents.
D. The OWNER also reserves t,he 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.
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1.16 EXECUTION OF CONTRACT
The bidder to whom a contract is awarded wirl be required to
return to the OWNER four (4) executed counterparts of the
prescribed contract together wi th 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
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The Contractor will be responsible for all necessary insurance
coverage as indicated by an "X" on the attached forms identified
as INSCKLST 1-5, as further detailed on forms GL1, VL1, WC!,
GIRl, and GIR2. Certificates of Insurance must be provided to
Monroe County wi thin fifteen days after award Q.f bid. I f the
proper insurance forms are not received within the fifteen days,
bid may be awarded to the next selected bidder.
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SECTION TWO
CONTRACT SPECIFICATIONS / BID FORM
CENTRAL AIR CONDITIONING REPAIR
UPPER KEYS FACILITIES
DATE:
09/23/97
A. Routine
maintained central
area.
repairs and maintenanc'e
air condi tioning units in
of
the
all county
Upper Keys
B. Emergency repairs of all county maintained central air
conditioning units in the Upper Keys area. The CONTRACTOR shall
be available 24 hours per day, 365 days ~r year. The
CONTRACTOR shall be at the site of an air conditioning
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 emergency repairs
of all county maintained central air conditioning units so that
such emergency repairs will be completed wi thin 48 hours of ~
notification by the OWNER.
D. The OWNER shall reimburse the CONTRACTOR for the
Manufacturer's Invoice 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
condi tioning units. Manufacturer I 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. All parts and materials shall be of
equal or greater quality as compared to existing parts and
materials in use.
E. The following are the bid items of this contract:
1. Labor - normal working hours of 8: 00 AM to 5: 00 PM
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Monday through Friday, excluding holidays.
BID PRICE: $
52.00
per hour, mechanic
BID PRICE: $
78.00
per hour, mechanic
plus helper
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2.
Labor - overtime rate for
working hours as stated
holidays
hours other than the normal
in item I above, including
BID PRICE: $ 78.00 per hour, mechanic
BID PRICE: $ 117.00 per hour, mechanic
; plus helper
3. Materials - Freon for recharging systems
BID PRICE PER POUND - R-22 $ 8.00
BID PRICE PER POUND - R-12 $. 40.00
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Materials - Supplies and replacement parts
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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.
F. The CONTRACTOR I S request for payment (as outlined in
the General 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 upper
keys, from Islamorada 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.
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Acknowledgement is hereby made of the following Addenda received
since issuance of the Specifications:
Addendum No.
No.
Dated:
Addendum No.
Dated:
m No.
Dated:
Addendum No.
Dated:
Addendum
Dated:
HOUSTON AIR, Inc.
(Name of Bi der) (Affix
(Signature of Officer)
President
Address:
(Title of Officer)
P.O. BOX 1321, 171 Hood Avenue
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City:
TAVERNIER
State:
. FLORIDA, 33070
Telephone Number:(305) 852-2960
Fax Number: (305) 852-0656
The full names and residences of persons and firms interested in
the foregoing bid, as principals, are as follows:
DAVID R. HOUSTON'
NATHALIE M. HOUSTON
JORGE ALADRO
Name, address, and phone number of the executive who will give
personal attention to the work:
JORGE ALADRO P.O. BOX 1321 , TAVERNIER, FL 33070
Tel: (305) 852-2960
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CERTIFICATE
STATE OF FLORIDA
ss
COUNTY OF-~ONROE
I HEREBY CERTIFY that a meeting of the Boa;rd of Directors of
HOUSTON AIR, Inc. a corporation under the laws of the
State of FLORIDA held on September 24, 19,2L,
the following resolution was duly passed and adopted:
"RESOLVED, that
DAVID R. HOUSTON
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"
as
President of the corporation, is
,
authorized to execute the Contract dated 9/23/97
1997, 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 24th day of September
1997 .
\)ST'ON
1-~
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)
SECTION FOUR
GENERAL CONDITIONS
4.01 DEFINITIONS
Wherever used in these General Conditions or in the other
contract documents the terms below have the meanings indicated
which are applicable to both the singular' ~nd 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.
Addenda
""
'"
Written or graphic instruments issu~d prior to the
opening of bids which clarify, correct, or change the
bidding documents or the contract documents.
Aqreement
The written agreement between the OWNER and th~
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 invitation to bid, instructions to
bidders, the bid form, and the proposed contract
documents (including all addenda issued prior to
receipt of bids).
4 -]
Change Order
A document which is signed by the
OWNER and directs or authorizes an
or revision in the work, or an
contract price or the contract time,
the effective date of the agreement,
t
CONTRACTOR and the
addition, deletion
adjustment in the
issued on or after
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
identi f ied in the agreement, together with all
amendments, modifications, an? supplements.
Contract Price
~
The moneys payable by the OWNER to the CONTRACTOR under
the contract documents as stated in the agreement.
Contract 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.
Contractor
The person, firm, or corporation with whom the OWNER
has entered into the agreement.
Defective
- ,
An adjective which when modifying the word work refers
to work that is unsatisfactory, faulty, 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
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documents, or has been damaged prior to the OWNER's
recommendation of payment.
Effective Date of the Aqreement
The date indicated in the agreement on which it becomes
effective, 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 sig~ and deliver.
Field Order
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.~
,
Laws and Requlations; Laws or Requlations
Laws, rules, regulations, 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.
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Partial Utilization
Placing a portion of the work in
purpose for which it is intended (or a
before reaching completion for all the
service fof the
related purpose)
work.
Project Manual
;
The title of the bound documentary information prepared
for this maintenance and repair proj'ect 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.
Supplier
~
A manufacturer, fabricator, supplier,
materialman, or vendor.
distributor,
Underqround Facilities
All pipelines, conduits, ducts, cables, wires,
manholes , vaults, tanks, tunnels, or other such
facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services 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 Price Work
Work to be paid for on the basis of unit prices.
Upper Keys Facilities
From Islamorada up to and including Key Largo.
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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 mater.j.als 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 effective date of the agreeme~t ordering an
addition, deletion, or revision ~n the work, or
responding to differing or unforeseen physical
conditions under which the work is to be 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 written amendment of the contract documents, signed
by the OWNER and the CONTRACTOR on or after the
effective date of the agreement and normally dealing
wi th the nonengineering or nontechnical rather than
strictly work-related aspects of the contract
documents.
4.02 PRELIMINARY MATTERS
Commencement of Contract Time;\Notice to Proceed:
.
2.1 The contract time shall commence to run on the
effective date of the agreement.
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4.03 AMENDING AND SUPPLEMENTING CONTRACT DOC~ENTS:
The contract documents may be amended to provide for
additions, 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.
"'"
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4.04 INSURANCE/HOLD HARMLESS
Contractor
coverage as
as INSCKLST
1 & GIR 2.
will be responsible for all necessary insurance
indicated by an "X" on the attached forms identified
1-5, as further detailed on forms WCl, GLI, VLl, GIR
The Contractor shall defend, indemnify and hold harmless the
County as outlined on the attached form identified as TCS1.
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4.05 CONTRACTOR'S RESPONSIBILITIES
Supervision and Personnel
4.05.1
The CONTRACTOR shall supervise and direct the work
competently and efficiently, devoting such attention
thereto and applying such skills and expertise 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 Conditioning 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 compl'ies accurately with the contract
documents.
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Parts, Materials and Equipment
4.05.2
4.05.3
Records:
4.05.4
Unless otherwise specified in the contract the
CONTRACTOR shall furnish and assume full responsibility
for all materials, equipment, labor, transportation,
machinery, tools, and all other incidentals necessary
for the completion of the work. ;
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 (includi,ng reports of required
tests) as to the kind and quality or", 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.
~
The CONTRACTOR shall record maintenance activities in a
maintenance log which shali contain all pertinent
information.
Concerninq Supplier and Others:
4.05.5
4.05.6
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 other person or organization to
furnish or perform any of the work against whom the
CONTRACTOR has reasonable objection.
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 with
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
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4-7
4.05.7
Permits:
4.05.8
obligation on the part of the OWNER to pay
the payment of any monies due any such
other person or organization except as may
required by laws and regulations.
or to see to
supplier or
otherwise be
The CONTRACTOR shall make every effort to obtain the
parts and materials at the lowest possible cost without
sacrificing the quality of said pp,rts and materials.
,
The CONTRACTOR is responsible, howev~r, 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.
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The CONTRACTOR shall obtain and pay for all required
permits and licenses. The OWNER shall assist the
CONTRACTOR, when necessary, in obtaining such permits
and licenses. The CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the work, which are applicable on
the effective 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.
Laws and Regulations:
4.05.9
Taxes:
4.05.10
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.
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Safety and Protection:
4.05.11 The CONTRACTOR shall be responsible for initiating,
maintaining, and supervising all safety precautions and
programs in connection with the work. The CONTRACTOR
shall take all necessary precautions for the safety of,
and shall provide the necessary pr?tection to prevent
damage, injury, or loss to:
4.05.11.1 all employees on the work site and other
persons and organizations who may be affected
thereby:
4.05.11.2 all the work and materials a~d equipment to
be incorporated therein, whether in storage
on or off the site; and
4.05.11.3 other property at the site or adjacent
thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures,
utilities, and underground facilities.
":
The CONTRACTOR shall comply with 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 loss; 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 ~f them m~y 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.
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Indemnification:
4.05.12 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, dire~t, indirect, or
consequential (including but not limited 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 destruct'J,on of tangible
property (other than the work its-elf) including the
loss of use resulting 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.
4.05.13 In any and all claims against the OWNER or any of the
OWNER's consultants, 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
indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for the
CONTRACTOR or other person or organization under
workers' or workmens' compensation acts, disability
benefit acts, or other employee benefit acts.
4-]( I
4.06 WARRANTY AND GUARANTEE: TESTS AND INSPE~TIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
4.06.1
The CONTRACTOR warrants and guarantees to the OWNER
that all work will be in accordance with the contract
;
documents and will not be defective ,for one (1) year.
Prompt notice of all defects shall' be given to the
CONTRACTOR.
Access to Work:
4.06.2
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:
4.06.3
4.06.4
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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 therewith and furnish the
OWNER the required certificates of inspection, testing,
or approval. The CONTRACTOR shall also be responsible
for and shall pay all costs in connection with any
inspection or testing required in connection with 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.
Neither observations by the OWNER nor inspections,
tests, or approvais by others shall relieve the
CONTRACTOR from the CONTRACTOR's obligations to perform
the work in accordance with the contract documents.
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Owner May Stop the Work:
4.06.5
If the work is defective, or the CONTRACTOR fails to
supply sufficient skilled workers or suitable materials
or equipment, or fails to furnish or perform the work
in such a way that the completed work will conform to
the contract documents, the OWNER may order the
CONTRACTOR 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. I f the OWNER stops the work for
the reasons listed in this paragraph, the CONTRACTOR
will not be entitled to any extensi~ in the time
limits as stated elsewhere in this document.
Correction or Removal of Defective Work:
4.06.6
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 site and replace it with non-
defective 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, architects, attorneys, and other
professionals) made necessary thereby.
One Year Correction Period:
4.06.7
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, without cost to the OWNER
and in accordance with the OWNER's written
instructions, either correct such defective work, or,
if it has peen reje~ted by the OWNER, remove it from
the site and replace it wi th non-defective work. If
the CONTRACTOR does not promptly comply with the terms
of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, the OWNER
may have the defective work corrected or the rejected
work removed and replaced, and all direct, indirect,
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and consequential costs of such removal and replacement
(including but not limited to fee~ and charges 0
engineers, architects, attorneys, and other
professionals) will be paid by the CONTRACTOR.
4.07 PAYMENTS TO CONTRACTOR AND COMPLETION
Application for proqress Payment:
4.07.1
;
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
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the application for payment. ~
CONTRACTOR's Warranty of Title:
4.07.2
The CONTRACTOR warrants and guarantees that title 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 Payment:
4.07.3
4.07.4
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 OWNER I S recommendation, the amount
recommended will become due and will be paid to the
CONTRACTOR.
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
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necessary in the OWNER's opinion to protect the OWNER
from loss because:
4.07.4.1 the work is defective or completed work has
been damaged requiring correction or
replacement,
4.07.4.2 the contract price has beep reduced by
,
written amendment or change ,order,
4.07.4.3 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
.....
account of the CONTRACTOR's performqnce 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
CONTRACTOR, but the OvmER must give the CONTRACTOR
immediate written notice stating the reasons for such
action.
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CONTRACTOR's Obliqation:
4.07.5
The CONTRACTOR's obligation to perform and complete the
work in accordance with the contract documents shall be
absolute. Neither recommendation 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 with the contract
documents.
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APPLICATION FOR PAYMENT
MONTH OF
, 19
AIR CONDITIONING UNIT
MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES
KEY WEST, FLORIDA
;
CONTRACTOR INFORMATION
NAME:
ADDRESS:
PHONE:
"'"
*PARTS AND MATERIALS COSTS:
$
LABOR AND EQUIPMENT COSTS:
$
FREEON COSTS:
$
SUB-CONTRACTOR COSTS: $
~
TOTAL DUE THIS INVOICE: $
*Contractor must provide a copy of the Manufacturer's Invoice for
parts over $100.00, and may be required to provide
Manufacturer's Invoice for all parts provided.
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
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APPLICATION FOR PAYMENT DETAILS
(use a separate form for each job)
WORK ORDER NUMBER:
DATE:
ARRIVAL TIME:
DEPARTURE TIME:
LOCATION:
PARTS AND MATERIALS COSTS*
ITEM
DESCRIPTION
UNIT PRICE QUANTITY
SUB-TOTAL
1
2
"'.
....
3
4
5
PARTS & MATERIALS SUB-TOTAL
"':
% INCREASE
PARTS & P~TERIALS TOTAL
LABOR AND EQUIPMENT COSTS
HOURS @
LABOR & EQUIPMENT TOTAL
TOTAL
DESCRIPTION OF WORK
Authorized Signature / Title
Date
*Contractor must provide a copy of the Manufacturer's Invoice for parts over
$100.00, and may be required to provide Manufacturer's Invoice for all parts
provided.
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RISK l\1A~AGEMENT
POLICY Al'\D PROCEDURES
CO:"TIU.CT AD~Ul'\ISTIU. TIO~
MA....'\U.U
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied \.mder this contract (including the
pre-staging of personnel and material), the Contractor shall obtairi, at ruslher own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor 'will ensure that the insurance obtained ,,,ill 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 ,,,,,ill not be permined to commence work governed b;: LtUs 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 this 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 e^1ensions specified in the attached schedules. Failure to comply \1,ith this provision .~
may result in the immediate suspension of all ''''ark 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 coverag~ unless a minimum of thirty (30) days prior notification
is given to the County by the insurer. '
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 la\,,'.
AdminiSlTelion Instruclion
~-l:(i9.2
J 4
GIRl
" \
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 \\'aiver of Insurance Requirements" and
approved by Monroe County Risk Management.
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GIR2
.A,dminislr2:lOn InstruClion
:~7()9.2
J 5
MONROE COu~TY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR \VORK
To assist in the development of your proposal, the insurance coverages marked with an "X" \l.,'ill
be required in the event an award is made to your firm. Please rel>'iew this form with your
insurance agent and have himlher sign it in the place provided. It is.also required that the bidder
sign the form and submit it 'V.ith each proposal. '
WORKERS' COMPENSATION
AND
EMPLO'YERS'LIABILiTY
'"'
'"
WC]A
,
+Workers' Compensation Statutory Limits
Employers Liability $100,000/$500,000/$100,000
Employers Liability $500,000/$500,000/$500,000
Employers Liability S; 1,000,000/$ 1 ,000,0001$ 1,000,000
US Longshoremen & Same as Employers'
Harbor Workers Act Liability
Federal Jones Act Same as Employers'
Liability
\VCl
WC2
WC3
WCUSLH
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DiSCKLST
Adminl5:rZ:10n In51rucllon
~~~C)9 2
~
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As a minimum, the required general liability co\"erages will include:
GENERAL LIABILITY
.
Premises Operations
Blanket Contractual
Expanded Definition
of Property Damage
.
.
Products and Completed Operations
Personal Injury
.
.
Required Limits:
GLl
GL2
GL3
GL4
x
;
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or _
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per OCCU!TenCe
$50,000 Property Damage
or
$500,000 Combined Single Limit
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$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
Required Endorsement:
GLXCU
GLLI Q
GLS
Underground, Explosion and Collapse (XeU)
Liquor Liability
Security ~~rvices
All endorsements are required to have the same limits as the basic policy.
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INSCKLST
Administration Ins:ruction
:\"4709.2
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VEHICLE I lABILITY
As a minimum, coverage should extend to liability for:
(
.
Owned; Non-ov,ned; and Hired Vehicles
Required Limits:
VL1
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 Damage
or
S300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Ocooence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
VL2
VL3
VL4
MISCELLANEOUS COVERAGES
~
BR1 Builders' Limits equal to the
Risk completed project.
MVC Motor Truck Limits equal to the maximum
Cargo value of anyone shipment.
PR01 Profession'i! $ 250,000 per Occurrence/$ 500,000 Agg.
PR02 Liability $ 500,000 per Occurrence/$l ,000,000 Agg.
PR03 $] ,000,000 per Occurrence/$2,000,000 Agg.
~ POL 1 Pollution $ 500,000 per Occurrence/$l,OOO,OOO Agg.
POL2 Liability $1,000;000 per Occurrence/$2,000,000 Agg.
POL3 $5,000,000 per Occurrence/$lO,OOO,OOO Agg.
ED1 X Employee $ ] 0,000
ED2 Dishonesty S100,000
GK] Garage $ 300,000 ($ 25,000 per Vel1)
GK2 - Keepers $ 500,000 ($100,000 per Veh)
GK3 S 1,000,000 ($250,000 per Veh)
~SCKLST
,;dministration Instruction
~4 "'CJ92
6
MED1 Medical $ 250,000/$ 750,000 Agg.
1vfED 2 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 Install ed
VLP1 Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
;
BLL Bailee Liab. Maximum Va~ue of Property
HKL1 Hangarkeepers $ 300,000
HKL2 Liability S 500,000
HKL3 $ 1,000,000
.fuRl Aircraft S l,OOO,OOO
"\,
.fuR] Liabilit), $ 5,000,000 ".
luR3 $50,000,000 ,
AEO 1 Architects Errors S 250,000 per Occurrence/S 500,000 Agg.
AE02 & Omissions S 500,000 per Occurrence/S 1 ,000,000 Agg.
AE03 $ 1,000,000 per Occurrence/$3,000,000 Agg.
E01 Eng:ineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/51 ,000,000 A@g.
E03 $ 1 ,GOO,OOO per Occurrence/$3,000,000 Agg.
.
.'
\
,
.A.dmlniqralI0n Jn~lruc1ion
~~ ~('9 :>
L~SCKLST
7
..i'
INSLTRANrJ: AGE'\lTS STA TEMENI
1996 Edition
1 have reviewed the abo"e requirements with the bidder named belo\-,,'. The (ollowing deductibles
apply to the corresponding policy. -.
POLICY
135 C 300 0 '7'" ~ I) tf 0 I
/."l
ItQrnO\e'1 ("JrJil fYickCZle
I /
DEDUCTIBLES
'# C;{,S 0
Liability policies are .2(Occurrence _ Claims Made _
-; !2- -J6>> co 5 9- Cu
Insurance Agency
;J/~if- ~.Il~
SIgna r't
BTDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements. "!'
J\m )st-u" Ptt \ ) In l'_
Bidder
.'
l"!'SCKLST
.t.,dml~!,l~~\",n 1"~\~~(I'(>;'1
Q"'(192
i'
V.P.
8
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
B ET\VEEN
MONROE COliNTY, FLORIDA
A.'\D
HOUSTON AIR, Inc.
;
Prior to the commencement of work governed by this contract, the,Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
'\.
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
S 1 00,000 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 include coverage for claims filed on or after the effective date ofthis contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months follov.ring the acceptance_9r~'ork 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.
.
.~
GLl
AdminiS1.ralion Jn~tructi(ln
"~;09.1
54
VEHICLE LIABILITY
Il"SU~CE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
ASD
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 shalI be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Ov,TIed, Non-Owned, 3.:.'1d 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.
.
\1-1
.';dministralion Inslruclion
~ 4 709.2
(;}
'f'
\VORKERS' CO~1PENS'A TION
INSURA1\CE REQUIRE1\1ENTS
FOR
CONTRACT
B ET\VEEN
MONROE COUNTY, FLORIDA
A..'\D
HOUSTON AIR, Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
\Vorkers' Compensation Insurance ",rjth limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance "'lth limits of not less
than:
S 1 00,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
~
-,.
Coverage shall be maintained throughout the entire term of the contract.
~ ~
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor 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 to submit a Lener 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 ofInsurance \\Till be required.
In addition, the Contractor may be required 10 submit updated financial statements from the fund
upon request from the County.
wel
AdmlnjSl~all()n In5\rUClion
=4'09 :!
1'8
~.
) 996 Edition
M01\ROE COC)iTY, FLORIDA
RISK MA~AGEMENT
POLICY AND PROCEDURES ".
CONTRACT AD!\HNISTR-\ TION
MASLTAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontra.ctors
,
The Contractor covenants and agrees to indemnify and hold hannless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property ov,ned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection v.ith, or by
reason of services provided by the Contractor or 2.ny of its Subcontrae.tor(s) in any tier,
occasioned by the negligence, errors, or other v,Tongful act or 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's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The fIrst ten dollars ($10.00) ofremuneration p2.id to the Contractor is for the indemnification ~
provided for above.
The e>.1ent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
. .
.'
TCS
.o\dminisu-ation InsLruclion
;':47092
'" "
97
"Vj~-\....ULLUSION AFFIDAVIT
I ,
DAVID R. HOUSTON
of
TAVERNIER
, of the city
according to- law on my oath, and
under penalty of perjury, depose and say that;
1) I am PRESIDENT , the bidder
making the Proposal for the project described as follows:
CENTRAL AIR CONDITIONING
MAINTENANCE & REPAIR
UPPER KEYS FACILITIES
FROM ISLAMORADA UP TO AND INCLUDING KEY LARGO, MONROE COUNTY, FLORIDA
2) the prices in this bid have been arrived at independently
wi thou t co llusion, consul ta tion, ,c-ommunica tion or agreement for the
purpose of restricting comp~'t3...-tioh, 'a's to' any matter relating to such
prices 'with any other bidder or 'with any competitor;
3) unless otherwise required by law, the~rices which have been
quoted in this bid have not been knowingly disclosed by the bidder
and will not knowingly be discl&sed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any
competitor; 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 c~ned ~ this a, ffidavi t in aHcu:cHng
contracts for said project. ~~ Uj
(Signature of Bidder)
STATE OF
FLORIDA
9/24/97
DATE
COUNTY 0 F
MONROE
PERSONAL~Y APPEARED BEFORE ME, the undersigned authority,
-~ DAYl..D R. HOUSTON who, after first being sworn by me,
(name of individual signing)
affixed hiS/her signature in the space provided' ~bove on this
24th
day of
September
~~> "
,\,\\111111111//
[~~:E~~'~'!"~V:~
~~:. :~~
1 /<f':r;.... ",o~,.o:
. .~?~."~~",,,
"OFFICIAL SEAL"
Jorge L, Aladro
My CommiSSion Expires 7/27/99
Commission #CC 484500
My commission expire3:
fOR/.1 /'iCPlll REV.
SWORN STATEMENT UNDER ORDIN~CE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
HOUSTON AIR, Inc
warrants that he/it has not ~mployed,
retained or otherwise had act on he/its behalf any former County officer
or employee subject to the prohibition of Settion 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, terminat~ this contract without liability
and may also, in its discretion, deduct from the~ontract or purchase
- ~
price, or otherwise recover, the full amount of any fee, commission,
percentage,
gift, or'consideration
uo~r
(signature)
or
employee.
Date:
9/24/97
STATE OF
FLORIDA
COUNTY OF
MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
DAVID HOUSTON
who, after first being sworn by me,
affixed his/her signature (name of individual signing) in the space
provided above on this 24th
day of
September
1997
NOTARY
My commission expires:
\\\Ill/ffJI1
..:,,~ ...~.y. ~.(J{J~//~
-~.'_..~~'..~~"";*\
: ./' )~JJ ..,=
\'~;..l,~}f/
"OFFICIAL SEAL"
Jorge L. Aladro
My Commission Expires 7/27/99
Commission #CC 484500
~ ~
DRUG-FREE WORKPLACE FOR\f
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
HOUSTON AIR, Inc.
(Name of Business)
;
I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispens-
ing, 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. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehaO"tlitation, 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 eny 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 satisfactory participation in a drug abuse assistance or
rehabilitation program-ifsuch is available in the employee's community, or any employee who is
so convicted.
r
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
~~~;:;:~I~ authOri~~rm complies fully with the above
Bidder's Signature
9/24/97
Date
r--.fCP#5 REV. 6/91
,t", t.
T. R. Jones end Compeny
1780 Nortll Krome Avenue
P. O. 80J[ 901505
Homesteed
.....................
..................
.................
..................
. . . . . . . . . . . . . . . . . .
}}}}}){{{ DATE (MMIDDNY)
.. ::":'::: 09125/97
THIS CER11FICATE IS ISSUED AS A MATTER OF INFORMA110N
ONLY AND CONFERS NO RIGHTS UPON THE CER11RCATE
HOLDER. THIS CER11RCATE DOES NOT AMEND, EXTEND OR
ALTER THE VERA E AFF RDED BY THE P LI IES BEL W.
COMPANIES AFFORDING COVERAGE
'......At~ttltlt~.\\\IIIIi.IIIIII\\::II.lllllll.\\:111111111:\::\:\:::\\\\\\\11:::::\\\
PRODUCER
FI. 33030.9958
COMPANY
A
Plnnee'e Assurenee Corp.
HOUSTON A'R, 'NC.
P.O. 80X 1321
COMPANY
B
USf&G
INSURED
TAVERN'ER FI. 33070
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWlTHSTANDING 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 lYPE OF NSlJRANCE POLICY NUMBER POLICY EffECTIVE POLICY EXPflATlON LNlTS
LTR DATE (MMIDDNY) DATE (MMIDD/VY)
8 GENERAL LIABILITY BSC30004627401/B 01/06/97 01/06/98 GENERAL AGGREGATE S 1,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG S 1,000,000
ClAIMS MADE o OCCUR PERSONAL & ADV INJURY S 500,000
O'NNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 500,000 ,
FIRE DAMAGE (Anyone fire) S 50.000
MED EXP (Anyone person) S 5,000 I
8 AUTOMOBILE L1ABILllY BSC30004627401/B 01/06/97 01/06/98
COMBINED SINGLE LIMIT S 500.000
X ANY AUTO
ALL O'NNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X HIRED AUTOS A~PRoyE~)3Y RfS~)~1~~ GFMHIT
BY '\ \ I /~ 11 W. BODILY INJURY S
X NON-O'NNED AUTOS (Pel accident)
DhTE PROPERlY DAMAGE S
GARAGE LIABILITY // AUTO ONLY - EA ACCIDENT S
ANY AUTO WAI'!FR: N!A V~ OTHER THAN AUTO ONLY:
S
S
EXCESS LIABILITY EACH OCCURRENCE S 1,000,000
8 X UMBRELLA FORM BSC30004627401/B 01/06/97 01/06/98 AGGREGATE 2.000,000
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND X WC STATU-
EMPLOYERS' LIABILITY
A 40709370.1. 01/01/')7 01/01/96 EL EACH ACCiDENT 1.00,000
THE PROPRIETOR! INCL EL DISEASE - POLICY LIMIT S 500,000
PARTNERS.EXECUTlVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE S 100,000
OTHER
8 Employee Dishnesty BSC30004627401 01/06/97 01/06/98
DESCRIPTION OF OPERATIONSA.OCATIONSNEHICLESlSPECIAL ITEMS
The Monroe County Board of County commissioners, its employees & officials
are listed ae "ADDITIONAL INSUREDS" on all policies with exception of
workers Compensation
30 Day Notice of Cancellation Applies to Workers Compensatin
80erd 01 County Comml..loner
01 Monroe County
5100 College Rd
lCey West fL
33040
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, I AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~ \ J ~
Deboreh .I. MeAlee ,L~7C~~.., .,'. )~ ( ~;.k(
~ D CORPOf'lA u" 1988
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