11/19/2003
CONTRACT
TIllS AGREEMENT, made and entered into this 19th day of November, 2003, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and
Miller Mechanical, Inc. , (hereinafter called the "Contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follow:
3.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents.
3.01 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders,
and any addenda issued hereafter, any other amendments hereto executed by the parties
hereafter, together with the bid proposal and all required insurance documentation.
3.02 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 Specifications entitled:
Central Air Conditioning
Maintenance and Repair
Middle Keys Facilities
Monroe County, Florida
And his bid dated October 15, 2003, each attached hereto and incorporated as part
of this contract document. The specifications shall serve as minimum contract
standards, and shall be the basis of inspection and acceptance of all the work.
3.03 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
25% used by the Contractor to fulfill the obligations of the Contract.
Manufacturer's invoice must accompany all requests for payment for any part
which exceeds $100.00, and may be requested at the discretion of the Owner for
any part, regardless of the cost.
B. The cost of labor and equipment used by the contractor to fulfill the obligation of
the Contract. The labor and equipment costs will be calculated using the unit
prices set forth in the Contractor's bid as follows:
1. Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays.
$55.00 per hour, mechanic
$80.00 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the normal working hours as
stated above, including holidays
$75.00 per hour, mechanic
$100.0Oper hour, mechanic plus helper
Such costs must be documented for each repair and/or maintenance job and
included with all Applications for Payment
C. Freon for recharging systems:
1) R-22 $6.00 per pound
2) R-12 $N/A per pound
D. The total contract sum shall not exceed $25,000.00 per year.
The Contractor shall submit with his invoice the Application for Payment Details as shown in
Section Two - Contract Specifications.
3.04CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the site and has made
investigations to fully satisfy himself that such site is correct and a suitable one for this
work and he assumes full responsibility therefore. The provisions of the Contract shall
control any inconsistent provisions contained in the specifications. All specifications
have been read and carefully considered by the Contractor, who understands the same
and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the Owner
than against the Contractor.
B. 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.
C. The passing, approval, and/or acceptance by the Owner of any of the services furnished
by the Contractor shall not operate as a waiver by the Owner of strict compliance with the
terms of this Contract, and specifications covering the services. Failure on the part of the
Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from
the Contractor, who shall in any event be jointly and severally liable to the Owner for all
damage, loss, and expense caused to the Owner by reason of the Contractor's breach of
this Contract and/or his failure to comply strictly and in all things with this Contract and
with the specifications.
3.05 TERM OF CONTRACT/RENEW AL
A. This contract shall be for a period of one (1) year, commencing January 19, 2004, and
terminating January 18,2005.
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.
3.06 HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor'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) of remuneration paid to the Contractor IS for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
3.07 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
contractor or any ofhislher employees, contractors, servants, or agents to be employees of
the Board of County Commissioners for Monroe County.
3.08 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, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
3.09 ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Contractor, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any obligation
upon the board in addition to the total agreed-upon price of the services/goods of the
contractor.
3.10 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by
all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of,
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon delivery
of written notice of termination to the contractor. The contractor shall possess proper
licenses to perform work in accordance with these specifications throughout the term of
this contract.
3.11 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the
attached forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL1, and
VL 1, each attached hereto and incorporated as part of this contract document, and all
other requirements found to be in the best interest of Monroe County as may be imposed
by the Monroe County Risk Management Department.
3.12 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially
reduced or cannot be obtained or cannot be continued at level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be terminated
immediately at the option of the Board of County Commissioners by written notice of
termination delivered in person or be mail to the contractor. The Board shall not be
obligated to pay for any services provided by the contractor after the contractor has
received written notice of termination.
3.13 PROFESSIONAL RESPONSffiILITY
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 these contract documents 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.
3.14 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 FOR CONTRACTOR
Monroe County Facilities Maintenance Miller Mechanical, Inc.
3583 S. Roosevelt Blvd. P.O. Box 1243
Key West, FL 33040
Key Largo, FL 33037
3.15 CANCELLATION
A) The County may cancel this contract for cause with seven (7) days notice to the
contractor. Cause shall constitute a breach of the obligations of the Contractor to
perrorm the services enumerated as the Contractor's obligations under this
contract.
B) Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
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 the event of any
litigation, the prevailing party is entitled to reasonable market value attorney's fees and
costs.
3.17 CONTINGENCY STATEMENT
Monroe County's perrormance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
fIrst written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Ajtest .DANNY ~RK
By,G~.p..ty Clerk
Date: t1~ ". Z.O.:l~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By ~ (~
yor/Charrman
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Byqj'Jl~~~. .
CONTRACTOR
MILLER MECHANICAL, INC.
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Title:
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P.O. Box 1243
Key Largo. Fl.
33037-1243
Phone:
Fax:
Toll Free:
Date:
305- 453-7300
305- 453-0075
1 -800-966-9593
10/1 0/03
To: Monroe County Board of County Commissioners
Re: A/C Maintenance and Repair for the Middle Keys Facilities
Please accept these documents as requested for the above mentioned proposal. I have
been permanently located in Monroe County in excess often years performing HV AC
work for county. schools and many various government agencies, as well as the Monroe
County School Board, hotels, restaurants and industrial projects. MMl is a licensed
mechanical contractor with thirty five years experience and full ability to perform your
maintenance and provide you with the ability to do design build, retrofit projects and have
qualified electricians, insulators, sheet metal, fire stop, steel fabricators, welders, as well
a<; highly trained alc technicians for your needs. I will be glad to submit references for
work completed in Monroe County and a list of satisfied customers upon request.
I appreciate your time to review this hid and hope that we may secure a viahle business
relationship with this contract.
Sincerely.
~~
Bill Miller
BID PROPOSAL
The Bid Proposal shall be submitted on the fonns included in this section of the Bidding
Documents as previously instructed therein.
Item
Description
1.
Bid Fonn
2.
Non-Collusion Affidavit
3.
Lobbying and Conflict of Interest Clause
4.
Drug Free Workplace
5.
Bid Bond
6
Contractor License
(Current copy 10 be submitted with bid)
7.
State Certified Class A, or State Registered Class A License
(Current copy to be submitted with bid)
BID FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GA TO BUILDING ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
BID FROM:
MILLER MECHANICAL, INC.
P.O. BOX 1243
KEY LAGO FL 33037
CMC-057213
The undersigned, having carefully examined the work, specifications, proposal, and addenda
thereto and other Contract Documents for the services of:
Ale MAINTENANCE AND REPAIR FOR THE MIDDLE KEYS FACILITIES
And having become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting pcrformance of the work, does hereby propose to
fumish labor, mechanics, tools, matcrial, equipment, transportation services, and all incidentals
necessary to perform and complete said work in a workman-like manner, in confonnance with
specifications, and other contract documents including addenda issued thereto.
L Labor - normal working hour.:; of g:OO a.m. to 5:00 p.m. Monday through Friday,
excluding holidays:
l3ID PRICE: $ 55.00
PER HOUR, MECHANIC
BID PRICE: $ 80.00
PER HOUR, MECHANIC PLUS HELPER
2. Labor - overtime rate for hours other than normal working hours stated above, including
holidays:
BlD PH ICE: $ 75.00
PER HOUR, MECHANIC
BlD PRICE $_10000
. PER HOUR, I\1FCHANIC PLUS HELPER
3. Matcrials Freon for recharging systems.
BID PRICE PER POUND: $ 6.00 R-22
BID PRICE PER POUND: $UNAVAILABLER_12
4. Materials - supplies and replacement parts:
BID PRICE: Manufacturer's Invoice plus 25 %
5. Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be
billed as an additional item.
The air conditioning units to be maintained are installed at County Facilities located throughout
the Middle Keys. 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.
J acknowledge receipt of Addenda No. (s)
I have included the Bid Proposal which entails the Proposal Fonn~, the Non-Collusion
Affidavit -2(__, and the Lobbying and Conflict ofInterest Clause ---X-, the Drug Free Workplace
Form 1-..1 and the Hid Hond. In addition, I have included a current copy of Contractor's
License----1L, Monroe County Occupation License -----X..--, State Certified Class A or Stale
Registered Class A License x , Insurance Agents Statement ~, and all requirements
as stated in Section One, Article L03 Paragraphs A through D.
(Check mark items above, as a reminder that they are included.)
Mailing Address:
P.O. BOX 1243. KEY LARGO FL. 33037
Telephone: 305-453-7300
Fax. 305-453-0075
Signed:
af~.~~L
Date: IQ(1O/03
Witness:
(Seal)
WILLIAM F MILLER
(Name)
PRESIDENT
(Tille)
NON.COLLUSION AFFIDAVIT
I, WILLIAM F. MILLER oflhe city of KEY LARGO
according to law on my oath, and lIncler penalty ofpCljury, depose and say that:
1. I am WILLIAM F. MILLER
ofl!!\: flHlI of MILLER MECHANICAL, INC.
the bidder making the Proposal for the project described in the ~otice for Calling for bids for:
AlC MAINTENANCE AND REPAIR FOR THE MIDDLE KEYS FACILITIES
and that I executed thc said proposal with full authority t do so:
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purposc of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
3. wtless otherwise required by law. the prices which have been quoted in this bid have not bcen
knowingly disclosed by the bidder and will not knowingly be disclosed 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 wiJI be made b the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in tbis affidavit are true and correct, and made witb
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
/~.~
(SignaLUn: ufBic.1c.1cr)
/t!?#17hJ
(Dat4 /
STATE OF:
COUNTY OF:
P/O~J riA
yY) t') LJ IC (J P-
- .
PERSONALLY APPEARED BEFORE ME. the undersigned authority, J-,); III J4 WI r. (f}, II e It-
who, after fIrst b;Sg sworn by me')f:me of ~dividual signing) affixed hislher signature in the space provided
above on lbis J day of t!..."-O eJe. 20M.
~:~:rc ~ jD~.
My Commission Expires: 5:J J L/ I ~ ~ O~ '1
+.,'\~V.~~~/" CYNTHIA A. DOYlE
*.~ * MY COMMISSION' DO 208566
#~~ EXPIRES: July 19. 2007
~'tOFf\.dF BIIIIded Thru 8udgel NolIry Services
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
MILLER MECHANICAL, ING.
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance 1':0. 10-1990 or any County officer or employee in violulion of
Section 3 of Ordinance 1\0. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
STATE OF
.
P'Jo~J rI.J4
mOL) jf(JP
~~~. ;7W/ J.f2
(signature)
Date: /P;;~~J
I I
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
J~ J; 1/1 ~ fY1 r: f17 I j Ie te... who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this llJ day of
(9 (! 1'0 b E? Ie.. . 20.aJ,.
~A~d jD~Le-
NOTARY PUBLIC
My commission expires: 5u It.( I q) J-OC> 1
~,,~~~.y.~~ CYNTHlAA DOYlE
"""~ * MY COMMISSION' 00 208566
..~ EXPIRES: July 19,2007
~'tOff\.~~ BOIIded ThnI8udget Nolaly SIlVius
OMB - MCP FORM #4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby cenifies that:
MILLER MECHANICAL, INC.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing. possession, or use of a controlled
substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplacc, the business's policy of maintaining a drug-free workplace,
any available drug counseling, rehabilitation, and employee assistance programs, and the pcnalties 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 (I).
4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual
services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of. or
plea of guilty or nolo contendore 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 fi ve (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assislance or rehabilitation program if such is
available in the employee's community, or any employee who Is so convIcted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certifY that this fIrm complics fully with the above requirements.
4?dP.~;~
Bidder's Signature
/~r'
Dale
OMB - MCP#5
ALA OtK~,u A.J1o . Ekcimcic F()f/tJaJ
Bid Bond
TIn DOGllMu.tr :iJ\S rM1'(}Jl'l'~:>.i l.J:OAl CONSlQUl;..'l(XS; COJ\$lJI.T,\TION \\'lTH ).N AIT~rY ~ T..'lCOURA<AlD WITH J.n~Fcr TO ITS
(OMl'u:no'/\' ~- \(OOlMCl.TION .A.unu..''Ttc,.mo.'" U}, TAI~ n~.r.crRO.'l.CiULY mUu'iIO MA OOCUM.ENT MA~' ,,1: ,....,m;: ll"r' USING AlA
UlJ[ J LMI=.r-'" rw..
KNOW ~\1.L MEN BY1HE,>r PRFSr......'TS, thu Yf(: MILLER MECHANICAL, ING.
(fkre~ {ulJNI_'~I1otN.-U nr/q;! !JtkolC:M:m1w)
~ T'hll'~l. btHlufu:r "iUocl1he Pdntlp~l, an(l. (CASH BOND ENCLOSED)
,If,.w siut:rl J&{J I'/J_~ .Jcli'."fI IN /tpl!iflr. >f. flH'tl,'1
8. CorpoailQQ ,1vJ.~ <>1t~)~~ un.&.- the IR'\\o"':l of ~ St3te tJf n.t .surel)', l\erMnll1cr callro tilt &~Nt~', 4't held sind fumly boJumlll))ll,\
(rk<< iDxrr lbll rN<iiJr /Vir! Ad.irerf or Iq~ ci1k t'f'OWJ1t,.-'
llS Oblig~t:. beteitll!\n <llltd. ltv: Oblig~l ID. the sum vI Donl~ (. j, for lh~ piyr:ne111 o()r~kh !Um .....orll.nd truly 1~ he madt, t).( said
Primi(M1 ;\"d the said Surct)., bind aurleh'~, our .b~J, .ltcUwn;, adminisuahm, SI.JI,;(>fIlWm! and al.lil~, joint1r ~ml ~I.IIy. flmlly ~
tl\e';l! [l~~nl'-
WHER.I:M, the Pri[l(:ip"'l hAk$ wflmil1ed.l. bid for A/CMAINTENANCE AND REPAIR FOR THE MIDDLE KEYS FACILITIES
llkn: ,r-n lUll NJII1K, ~iN~ '*.J.n,"',"", <N~~~}
NOW, rnD EFORF:, if 1bc Obat,gcr shall <Jccrpt the bld of \.be Princi~llJJd tk l'rlodpqllili;.tl] tnluinlo a Con'lmcl with ~~ ONj~~e ill
lI'~t-dln.oC~ with th.e lctms of 411Ch bid.. ;rod si..... (uch bond ~ 'Mnda II>: mI./, be (pocitiErl in ltw! hlddinR (]( Conrn.d DUCl)ll1.(nl~ \'ii1h
g{).'Xl 4I1d StIffieimt 5UlCly for ih.c: fuithfu! t:Jetform..na of such Contracl BJJd fur lJR pz01l\pt pL~rment af labor IUlJ m;}1~ri;.ll n.I1lWud in
I h~ prc'l.OeCUlioo thm:of. or in tM event or 1M f111uTt of u.c l]~ to eater .s.llCb Contract and P\"C llIth boll\1 or hcmdi. if tht
PJi1\cipal. sbaU plr to the Obli~e .hl: cJifI~~e n.cn 10 acffii the pl:DOI1t}. lImof hmnen ~ .amoon1 speciIio':l ill !laid bid .mil ,uc:b
lar8n UIUlUM for \\.hicb ~..... Obl~ mLY in good faith amtract with ~bQ1ht'T rnrty tJl pcrfc.nn t.J.r. Wwk oovtkct ry said bid, tMn tbi~
obUg4.tifla.wlll:M:! nuU ill1o.l vo(lid, oln~v.e to rwmUn in fuU fOKe aad dlecl.
S4::ncd and ~~tllhis d'Yof OCTOBER 10,2003
r&Tt~ ilau, Q
WILLIAM FMILLER ~g.?p4( ~
(Jtincir.oI) (Snlj
PRESIDENT
r7/tk)
7W{~rrtlJ) --------~~ -
~~n (~I
(Tilk)
li 1'9~a THE M,.,ERICAH IN~T1lUn Of" ARCHIH(TS, 113! NEWYOfl.K A.vmuE.. f1.W., ""lASHI H€; lON, D.c. lOCOli.S2!lI. AlA DOCI.J""~-~-
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t'xpirCltiQf1 ;'.' roled below. tl5e:r DOClJMent; ..HOm",,!...i.. .- ~OOl. ^l.... lk<!n~ thml:M,r 11Hl~1. wilier. tXplr'f~ (1n lI~lIJC03.
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~- ~--~------- -- ~---~---"
,-~
AC# q'$~44:6'?' : . . STATE OF FLORIDA
,', :QZPAR'l'MlllNT OF BUSINESS AND PROFESSIONAL REGULATION
. ". CONS~rRUCTION INDUSTRY LICENSING BOARD SEQ#Lo~oe150218
~~~::~:::l:aR-
~S~=~6~~~b~TOR
~~.d~~.Iow XS,C~RTI'IID '
Und.~'tb'. proviaion. of Ch.apt..r 489 .,s.
Expiration date. AlIG 31, aOO~(
: ~ ~" ' "_, j~ t ' t"
---~---------------------._-- - .--------------------
. ,,"
. ,I . .".. . ~ . _ " , , '. ""..
!I[ILLBR,WILLIAM P,R.EDJ!:RICK
MILLER'MECHANIOAL'tHC
~ 20 LAPALOMA ROAD
Kay ~ao ' PL 3:&037
';',: t/,/'",,', .~,
"':.'J.J:S:~H
'GOVll, R
---- ...:...----
---- ------------
DISPLAY AS REQUIRED BY LAW
KIM BINXL~Y-SEYKR
SICR.l'tARY
FACiliTIES
OR
MACHINES
TYPE OF
BUSINESS
BUSINESS
AOllHESS
NAME
MAILING
ADDRESS
[J
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HECFliJT WHEN VALIDATED I", il u i.
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0000000000 0000002000 0000301400085396 1001
,-\ t', . t' <
EXPIRES
~ 014' fJ ~ :(lHSS V~
" r~' r ,', IJ , ,? () n 4
SUPPLEMENTAL
RENEWAL
NE:W 1 AX
TRANSFER
ORIGINALl A>-
~-<C>
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PENAL 1 Y '" -.-0 _ _ .-<
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THIS IS ONLY A TAX. YOU MU
MEET ALL COUNTY PLANNIl
AND ZONING REQUIREMENTS.
.~ '" Vl'lI.J_
"'t:~ 11r-''-'A I t: Ur-
L IAts I LII Y I N ~ U KAN C J;; OP 10 1:21 DATE (MMlDDIYYI
. -wILLI-2 I 08/22/03
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
~~._-~ ----_.._-------- --_._--~--- -
PRODUCER
Brown lit .Brown, Ine. , .'
59~0 N. Andrews Ave.'~jOO
P.O. Box 5727
Ft. Lauderdale FL 33310-57A7
\ neI954-776-2222 FaxI954-776-4446
INSURERS AFFORDING COVERAGE
Miller Mechanical Inc.
P.O. Box 1243
Key Largo FL 33037-1243
COVERAGES
,
.--r-~--_.'
i INSURER A __Q.hl~ .Saaual !Y.-.!!l8 :.. Co.
; INSURfRB Bri~fieldBmployer.
IINSURER-C.--- .--...---
: INSURER 0
, INSURER E:
Ins. Co.
II~_....,KEO
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUI,LD NAME:O ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSiONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~r TYPE OF INSURANCE--~- . I POLICY NUMBER
252802964
i 01/~5/031
I I
+---+-
! 0~/~5/03: 0~/15/04
! POlICY EFt=eCtlvtiPNTcvEXi>fAAtION --
; DATE MMlDD1YY 'DATE (MMlD01YY
EACH OCCURRENCE 1$ I, 00 0 , 00 0
01/~5/04 i FIRE DAMAGE i~yone tl~e)i $ 100,000.__
I MFD EXP (Anyone person) : $ 5, 000
--1-.---------.
PERSONAL & ADV INJURY '$ ~, 000,000
'GENE~~ ~~GREGATE 1$ i, 000 ;000 h~
PRODUCTS. COMP/OP AGG $ 2 , 000 , 00 0
LIMITS
. GENERAL LIABILITY
A l X..:..~-..~-.O~ME.RCIAL GENERAL_LiIABILlTY :
.__ ' ClAIMS MADE ~ OCCllR
X A~~!egate per Pro
---~.--.- -.
, GEN'L AGGRfGA1E LIMIT APPLIES PER
'v h;lx P PRROO.. r--, , . _
POLIC~j~C
AUTOMOBILE LIABILITY
BL052802964
I A X ANY AUTO
All OWNED AlJTOS
SCHlDULlD AU ros
X HlnED AUTOS
~ X
I NON.OWNED AUTOS
f-. --. -.-------...-
i COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODlL Y INJURY
(Per person)
s
GARAGE LIABILITY
r ANYAlflO
EXCESS LIABILITY
A OCCUR
-- --!
---r--- --.-
BODIL Y INJURY
(Per accident)
.-. --.----+-----
:
s
PROPERTY DAMAGE
._-1~r accide~__ ; $
, AUTO ONL Y . lOA ACCIDENT i $
ClAIMS NAlJE 252802964
.ni-
, 01/15/03
AGG $
01/15/04
OTHER THAN
AU 10 ONL Y:
I
I~H OCCURHrNCE
I AGGR~(;~TE
I
I
EA A.CC S
, $
-+----.-----.... - ----f---.-h
I I X TORYLIMITSi I rill
, 83029517 08/01/03 08/01/04 U F^-~!,CC1DlN' ,s ~QQ.qoo
I ' E L DISEASE - EA EMPLOYEEI $ 100000
A I :':~.nd Mari:: --I 52802964 I. ~~/1~~'/15/0~ H ""::t:~'~U"~~:~::: ~.x
. . I ~eased 10, O~O Max
DESCRIPTION OF OPERAlIONSllOCATIONSNEHICLES/EXClUSIONS ADDED BY E"lOORSEMENT/SPECIAl PROVISIONS
Certificate of Insurance Faxed @ 305-852-7103
'--,
I DEOUClltll EC
,X r<[T[NTIOI~ s 10,000
--~I-v:.ORKER;-;;MPENSATION AND
B I EMPLOYERS' LIABILITY
$1.000,000
~l:,OOO, Oo~
$
,--
$
CERTIFICATE HOLDER
N ADDITIONAL INSURED. INSURER LETTER:
CANCELLATION
Monroe County Bldg. & Zoning
Dept.
Attn, Jane R
88800 Overseas Highway
Tavernier FL 33070
MONROEB
SHOULD ANY OF THE ABOVE DESCfllBED POLICIES BE CANCELLlD BEFORE' THE EXPIRATION
DATE THEREOF, nil ISSUING INSURER WiLl ENDEAVOR TO MAlL ..JJ2.. DAYS WRITTEN
NOTICE TO THE CERTlFlCAlfc 110LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
j IMPOSE NO OBLIGATION OR! LAAIUTY or- ANY KINO UPON THL INSURE.R, ITS AGLN1$ QH
REPRESENTATIVES
~,._--_.
Aunl~~~eo~~ES~ATlVE ,
.-:~;;;:-H.~. ~Al~XJ~
1
@ACORD CORPORATION 1988
ACORD 25.9 (7/97)
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
CA TEGOR Y TWO for a period of 36 months from the date of being placed on the
convicted vendor list. "
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection with,
or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor" failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Administration Instruction
#4709.2
TCS
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON
MANUAL
General Insurance Requirements
For Other Contractors and Subcontractors
As a pre-requisite ofthe work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in the contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
Or
· A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (3) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
GIRl
Administration Instruction
#4709.2
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
GIRl
Administration Instruction
#4709.2
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: AlC Maintenance and Repair
BETWEEN
MONROE COUNTY, FLORIDA
AND
MillER MECHANICAL, INC.
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire tenn of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details
on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the contractor may be required to submit updated financial statements from the fund upon
request from the County.
Administrative Instruction
#4709.2
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: AlC Maintenance and Repair
BETWEEN
MONROE COUNTY, FLORIDA
AND
MILLER MECHANICAL, 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 indude, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should indude coverage for daims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Administrative Instruction
#4709.2
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: AlC Maintenance and Repair
BETWEEN
MONROE COUNTY, FLORIDA
AND
MILLER MECHANICAL, INC.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
Administrative Instruction
#4709.2
VL1
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting on
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
· The County as being named as an Additional Insured-If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name the
County as an Additional Insured, Risk Management has been granted the authority to waive
this provision.
and
· The Indemnification and Hold Hannless proviSions
WaivinQ of insurance provisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements fonn should be completed and submitted for
consideration with the proposal.
.
After consideration by Risk Management and if approved, the fonn will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the
Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or the Board of County Commissioners, who retains the final decision-making authority.
AdministIative Instruction
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work.:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
Administrative Instruction
#4709.3
ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP 10 E21 DATE (MMlDDIYYYY)
MILLE-2 01/21/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Lauderdale FL 33310-5727
Phone: 954-776-2222 Fax:954-776-4446 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: Ohio Casualty Ins. Co. OH
INSURER B: Bridge:field bployers Ins. Co~
Miller Mechanical Inc. INSURER C:
P.O. Box 1243 INSURER D:
Key Largo FL 33037-1243 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER 'D~W1J~D~,w)~ DATE MMlDDIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
r-- PREMISES '(E~~~~nce)
A X X COMMERCIAL GENERAL LIABILITY BLO 52802964 01/15/04 01/15/05 $100,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000
X Aggregate per Pro PERSONAL & ADV INJURY $1,000,000
Blanket Add'l Ins GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
I .rxl PRO- n
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1,000,000
A X X ANY AUTO 252802964 ^ 01/15/04 01/15/05 (Ea accident)
- , ~~
ALL OWNED AUTOS APPfll~ D r~(5.}MA~ BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
- BY '-, //In /I
X HIRED AUTOS ()~ BODILY INJURY
- \J _I~ $
X NON-OWNED AUTOS DATE __ (Per accident)
-
r-- Ni/\___ .._ YE S___ PROPERTY DAMAGE $
WAIVER (Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $1,000,000
A X tJ OCCUR D CLAIMS MADE 252802964 01/15/04 01/15/05 AGGREGATE $1,000,000
$
Fx=i DEDUCTIBLE $
X RETENTION $10,000 $
WORKERS COMPENSATION AND X I TORY LIMITS I IUJ~-
B EMPLOYERS' LIABILITY 83029517 08/01/03 08/01/04 $ 100000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100000
~~rc:I~tS~~J:s16~s below E.L. DISEASE.. POLICY LIMIT $ 500000
OTHER
A Inland Marine 52802964 01/15/04 01/15/05 Rented 10,000 Max
Leased 10,000 Max
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is included as an additional insured with respects to a
written contract except for the workers compensation policy. Faxed to:
305-295-3672.....
CERTIFICATE HOLDER
Monroe County Board of County
Commissioners
Attn: Ann
3583 S. Roosevelt Blvd.
Key West FL 33040
CANCELLATION
MONRO 0 6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A~T~~ES
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)