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10/15/1997 Agreement ,./I 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 "'" "'"\ 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 ~ 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 3-1 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. ~ 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 3-2 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. ~ 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 1-1 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. ~ 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. 1-4 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. ~ 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 l-.'i 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. ~ 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 3-6 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. ; 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 ,....'~ AGE, Clerk ~ ~c.. Qut~ J Clerk ~:~:5~ Corporate Seal if Corporation 3-7 \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 "". '" BOARD OF COUNTY COJv1JvlISSIOJ'\T[RS ~ 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 \ ! <"':'/ \ ,. ~-. \ 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 ~ 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 ] -1 ,- 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 ~ , N. KEY LARGO FIRE STATION MM106, North Key Largo, Florida 1.02 DEFINED TERMS ~ Terms used in the Instructions To Bidders are defined and have the meanings assigned to them in the General Conditions. 1.03 COPIES OF BIDDING DOCUMENTS A. Only complete sets of Bidding Documents will be issued and shall be used in preparing bids. The OWNER does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Bidding Documents may be obtained in the manner and at the location stated in the Notice of Calling for Bids. 1.04 QUALIFICATIONS OF BIDDERS \ A. Each bid must contain evidence of the bidder's qualifications to do business in the area where the project is located. 1-2 v ~ ~.~. 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 , 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 '" 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. ~ 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 " . 1-3 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. ~ , 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 ~ 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. ] --I I(l ~ 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 1-5 ~. 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. ~ 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 1-6 ~. , 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 ; 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. ~ 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. 1-7 \" 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 .. 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. ~ ] -8 '", ~ 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 \ Monday through Friday, excluding holidays. BID PRICE: $ 52.00 per hour, mechanic BID PRICE: $ 78.00 per hour, mechanic plus helper 2-] " \ 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 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. 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. 2-2 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 ~ 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 J ' _ -,"l 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 .~ " 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-~ -..,. ) 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 'f ~-2 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. ,,'1", -l-~ 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. ,~- ~-~ 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. -f-"'i 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. "'" "' 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. ~ 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. " \< -l-() 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 " , 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. "" '" 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. .. ~-x 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. \.~, , . ~ -l-'i 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 ~ 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. ~. , -i -II 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, " ~- J:> 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 "'. 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 ,- 4- I.~ 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. ~ 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. ~. -H-f 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 ~-", 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. 1" ~ /' 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. ; ~" .". ~ 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 ~ .' DiSCKLST Adminl5:rZ:10n In51rucllon ~~~C)9 2 ~ \;- ,"" 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 .~ "" $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. .' . INSCKLST Administration Ins:ruction :\"4709.2 .-' , ": 5 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. 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