Item D3 � D.3
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: D.3
Agenda Item Summary #7057
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Michael DeAngelis (305) 295-4308
N/A
AGENDA ITEM WORDING: Approval of an Agreement with Sea Tech of the Florida Keys in
the amount of $158,425.00 for repairs to the Key Largo Community Park damaged during
Hurricane Irma.
ITEM BACKGROUND: The Key Largo Community Park was significantly damaged by
Hurricane Irma in September 2017. Since then most of the repairs have been completed with the
exception of a few remaining items. These items would include the parking lot lighting, complying
with the Dark Sky Ordinance, some damaged exercise equipment, the replacement of missing siding
along the multi-purpose courts and roofing repairs on several of the pavilions. Sea Tech of the
Florida Keys was the lowest, responsive responsible bidder of two bids received.
PREVIOUS RELEVANT BOCC ACTION: 6/20/18 - BOCC approved advertisement of any
required solicitations or proposals for repairs, work, or services resulting from damage to County
facilities as a result of Hurricane Irma and authorization to proceed with such repairs, work, and
service.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Agreement
DOCUMENTATION:
REV Contract_Sea Tech_contractor signed (7/2/20)
Sea Tech Proposal for Key Largo Community Park Repair
Bid Tab Final
FINANCIAL IMPACT:
Effective Date: 07/15/2020
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Expiration Date: 60 days after NTP
Total Dollar Value of Contract: $158,425.00
Total Cost to County: $7,921.25
Current Year Portion: $150,503.75
Budgeted: Hurricane Irma
Source of Funds: 125-0459110-530490-IRPG6464
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: 5% - (90%FEMA; 5% State)
Insurance Required: Yes
Additional Details: Hurricane Tracking 458647
125-0459110-530490-IRPG6464
07/15/20 125-0459110 - HURRICANE IRMA $158,425.00
REVIEWED BY:
Cary Knight Completed 06/26/2020 12:21 PM
Joseph DiNovo Completed 06/26/2020 12:29 PM
Purchasing Completed 06/26/2020 12:47 PM
Budget and Finance Completed 06/28/2020 12:08 PM
Maria Slavik Completed 06/30/2020 7:26 AM
Kathy Peters Completed 06/30/2020 11:02 AM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM CL
AGREEMENT
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Made as of the 15t'' day of July 2020
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Sea Tech of the Florida Keys Inc.
131 Palomino Horse Trail
Big Pine Key, Florida 33043
For the following Project: KEY LARGO COMMUNITY PARK REPAIRS
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Scope of the Work W
All repairs to be completed will be repaired like-for-like or in-kind to specifications and
conditions before Hurricane Irma. If the like-for-like repairs do not meet current Monroe N
County building code, the repairs must be improved to meet current County building code.
Each item listed below is the captured visible damage, but when necessary repairs may
need extended surface coverage to make a uniform repair or replacement. Contractor
must verify all measurements.
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This scope of work is to include but not be limited to:
• Court siding: Replacement of 14 each of fiberglass siding around multi-purpose )
court, including 1 dual use latch door, totaling 448 Square FT, 8 FT long x 4 FT
high x 1.25 IN thick
• Missing shingles: On covered shelters and concession stand, 6 each of 10 FT U
long x 10 FT wide pavilion asphalt roof shingles, totaling 600 FT LU
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• Athletic Equipment, 2 each of galvanized painted pull up bar support posts, 12
FT long x 4 IN in diameter
• Athletic Equipment, 1 each of galvanized painted pull up bar, 4 FT long x 1 IN in
diameter
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• Replace Ten (10) light poles and fixtures that were destroyed with new
replacements. Seven two-sided fixtures and three one-sided fixtures to be
provided and installed (as specifically listed in the Design Specifications e
documents).
o Lighting poles and fixtures are to be as specified in the Engineer designs,
specifically to comply with all Dark Sky ordinances. Lighting to include
seven (7) double-headed fixtures and three (3) single-headed fixtures, as
described in the attached specifications. All new wiring to be pulled via
the existing underground conduit.
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o Pour any and all missing concrete base pads and mount lamppost bolts
to secure lighting poles and fixtures, to wind-resistant specifications. c
o Contractor shall review drawings prepared by Jewitt Engineering, Inc.
(Jeffery J. Jewitt P.E, LEED AP), dated 1/23/20. (3 pages; SE-1, SE-2 &
SE-3)
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion 0
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the LU
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than E
Sixty (60) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the
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contract or of specified phases of the contract shall be the calendar date or dates listed in
the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages. CL
FIRST SECOND 31ST DAY&
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damanes and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was caused
directly by an event beyond such Party's control, without such Party's fault or negligence and that
by its nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not),terrorist threats or acts, riot, or other civil unrest in the geographic ca
area of the Project; (d)government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Project; (each, a
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by Contractor under this Section. Contractor shall LM
give County written notice within seven (7) days of any event or circumstance that is reasonably
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and
resume full performance under this Agreement. The County will not pay additional cost as a result
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner's Representative may determine. r
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Hundred Fifty-Eight Thousand Four Hundred
Twenty-Five and 00/100 Dollars ($158,425.00), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in E
the Contract Documents and are hereby accepted by the Owner: N/A
ARTICLE 5
Progress Payments
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5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
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5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government 0
Prompt Payment Act, Section 218.735, Florida Statutes.
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5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress 0
payment shall be computed as follows:
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5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the W
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of ten percent 10%. Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change 0
which results in a net decrease in the Contract Sum shall be the net cost to the Owner, 2
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed 0
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construction (or, if approved in advance by the Owner, suitably stored off the site at a >
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location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
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5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b),
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of Project
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Management.
ARTICLE 6
Final Payment
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Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the 0
Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except
for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph
12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive final payment, and (2) a final approval for payment has been issued by the Director of
Project Management. Such final payment shall be made by the Owner not more than twenty (20)
days after the issuance of the final approval for payment. The following documents (samples in
section 01027, Application for Payment) are required for Final Payment:
(1)Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims 0
(5) Contractor's Affidavit of Release of Liens �--
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) W
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents). 0
B. Operating and maintenance data, instructions to the Owner's personnel.
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C. Warranties, bond and guarantees.
D. Keys and keying schedule.
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E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
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G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
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7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this o
contract is contingent upon an annual appropriation by the Board of County U
Commissioners. In the event that the County funds on which this Agreement is dependent o
are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
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7.5 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 proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not submit proposals
on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months 0
from the date of being placed on the convicted vendor list. U
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7) years from the termination of this Agreement or for a period of five o
(5) years from the submission of the final expenditure report as per 2 CFR §200.33, 2
whichever is greater. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four
(4) years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully retained
by the Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies
were paid to Contractor. 0
Right to Audit: LU
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files(including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
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logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
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any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution .of payroll, verifying payroll computations, overhead computations, U
observing vendor and supplier payments, miscellaneous allocations, special charges, c
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for seven (7) years after Final Completion. The County Clerk possesses
the independent authority to conduct an audit of records, assets, and activities relating
to this Project. If an auditor employed by the County or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida
Statutes, running from the date the monies were paid to Contractor. The Right to
Audit provisions survive the termination or expiration of this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall W
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. 0
The County and Contractor agree to reform the Agreement to replace any stricken >
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
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non-prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into 0
this agreement freely, voluntarily and with advice of counsel. U
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g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
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i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this a
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities W
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
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j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be 2
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits 0
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as >
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4} LU
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
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Service Act of 1912, §§ 523 and 527 (42 USC§§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, CL
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
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During the performance of this Agreement, the Contractor, in accordance with Equal c
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,
1] C, agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
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2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin. )
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3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has U
inquired about, discussed, or disclosed the compensation of the employee or >
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
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investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
4. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided by the agency contracting officer, advising the labor union CL
or workers' representative of the contractor's commitments under section 202 of
Executive Order 11246 of September 24, 1965, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
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5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
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6. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
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7. In the event of the Contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may
be canceled, terminated or suspended in whole or in part and the contractor may
be declared ineligible for further Government contracts in accordance with W
procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the N
Secretary of Labor, or as otherwise provided by law.
8. The Contractor will include the portion of the sentence immediately preceding
paragraph(1)and the provisions of paragraphs(1)through(7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with, 0
litigation with a subcontractor or vendor as a result of such direction by the >
administering agency, the Contractor may request the United States to enter into LU
such litigation to protect the interests of the United States.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
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1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
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m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not 0
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or 0
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and 0
Contractor in conjunction with this contract and related to contract performance. The U
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may W
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract. 0
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
i
(1) Keep and maintain public records that would be required by the County to
perform the service.
0
(2) Upon receipt from the County's custodian of records, provide the County with >
a copy of the requested records or allow the records to be inspected or copied LU
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
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D.3.a
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the CL
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining c
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that c
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the 12
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A c
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 �'
BRADLEY-BRIAN�}o MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040. >
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
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D.3.a
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
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performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County. c
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q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory c
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the 0
Contractor or any agent, officer, or employee of either shall have the authority to U
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the W
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
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t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken c
together shall constitute one and the same instrument and any of the parties hereto >
may execute this Agreement by signing any such counterpart.
v) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
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proceedings relating to any type of injury(including death), loss, damage,fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B)the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or o
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. o
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that 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. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
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The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above. W
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
0
FDEM Indemnification 2
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida U
and the (County)Agency's sovereign immunity. >
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w) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
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x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
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and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below),
applicable federal and state laws and regulations to ensure that DBE's have the
opportunity to compete and perform contracts. The County and Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex c
in award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. & 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, c
WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the Contractor, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
b. Affirmative steps must include: )
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
(4) Establishing delivery schedules, where the requirement permits,which encourage W
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the N
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative 2
steps listed in paragraph (1)through (5) of this section.
0
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to 0
conform to Florida Green Building Coalition standards.
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Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
aa) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County or the Florida Division of Emergency Management.
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D.3.a
No statement contained in this Agreement shall be construed so as to find Contractor
or any of its employees, subcontractors, servants, or agents to be employees of the
Board of County Commissioners of Monroe County.
bb)Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
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and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners and signed by both parties before it
becomes effective.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by U
United States Mail, certified, return receipt requested, postage prepaid, or by courier with c
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice shall be sent to
the following persons:
c
For Contractor: Sea Tech of the Florida Keys Inc.
Robin Szmansky, President
131 Palomino Horse Trail
Big Pine Key, Florida 33043
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St. 0
Key West, Florida 33040 Key West, Florida 33040
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7.8 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set N
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to @ C.F.R. Part 200, as
amended, including but not limited to:
7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal 0�
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and U
Assisted Construction"). In accordance with the statute, contractors must be required to >
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pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable, the County must place a
current prevailing wage determination issued by the Department of Labor in each
solicitation, a copy of which is attached hereto as Exhibit"A" and made a part hereof. The
decision to award a contract or subcontract must be conditioned upon the acceptance of
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the wage determination. The COUNTY must report all suspected or reported violations to
the Federal awarding agency. When required by Federal program legislation, which
includes Emergency Management Preparedness Grant Program, Homeland Security
Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program (it does not
apply to other FEMA grant and cooperative agreement programs, including the Public
Assistance Program),the contractors must also comply with the Copeland"Anti-Kickback" CL
Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person U
employed in the construction, completion, or repair of public work, to give up any part of c
the compensation to which he or she is otherwise entitled. The County must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C.
§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any r
subcontracts the clause above and such other clauses as the FEMA
may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of
these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor
and subcontractor as provided in 29 C.F.R. § 5.12.
7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 443701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in r
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40 2
U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
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organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
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7.8.4 Clean Air Act (42 U.S.C. V401-7671a.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387). CONTRACTOR agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will c
report violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA). The Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control
Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts
in excess of$150,000.
7.8.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award(see
2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an W
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or W
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
i
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR $ 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid LU
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waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Other Federal and FEMA Requirements (as applicable)
7.8.8 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR
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will comply with all the requirements as imposed by the ADA, the regulations of the
Federal government issued thereunder, and the assurance by the CONTRACTOR
pursuant thereto.
7.8.9 Access to Records. Contractor/Consultant and their successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing the Department of Homeland Security (DHS) and the Federal CL
Emergency Management Agency's (FEMA) access to records, accounts,
documents, information, facilities, and staff. Contractors/Consultants must: (1)
Cooperate with any compliance review or complaint investigation conducted by
DHS; (2) Give DHS access to and the right to examine and copy records, accounts, U
and other documents and sources of information related to the grant and permit c
access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program
guidance; and (3) Submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the
reports.
7.8.10 DNS Seal. Loco and Fla-gs. Contractor shall not use the Department of Homeland
Security seal(s), logs, crests, or reproduction of flags or likeness of DNS agency
officials without specific FEMA approval.
7.8.11 Chances to Contract. The Contractor understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the
agreement must be within the scope of any Federal grant or cooperative agreement
that may fund this Project and be reasonable for the completion of the Project. Any
contract change or modification, change order or constructive change must be W
approved in writing by both the County and Contractor.
7.8.12 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to 0
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during
the Contract term.
7.8.13 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of the Federally-
Funded Sub-award and Grant Agreement between County and the Florida 0
Division of Emergency Management(Division) found at the following link on the >
Monroe County web page: ttos:// w. onr count -fi. ov/
fdemgrantgreeent
ARTICLE 8
Termination or Suspension
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8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five(5)calendar days'written
notification to the Contractor.
8.3 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.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this 0
Agreement for cause with Contractor should Contractor fail to perform the covenants c
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination,the County shall provide Contractor with seventy-two(72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County's False Claims Ordinance, located U
at Section 2-721 et al. of the Monroe County Code.
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8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days'written notice to Contractor. If the County
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to N
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the )
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met. 0
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida ..
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
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determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
• Jewitt Engineering, Inc. drawings dated 1/23/20. Page numbers SE-1, SE- o
2, & SE-3.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the RFP.
9.1.4 The Addenda, if any, are as follows:
Number Date Number of Pages
1 5/14/20 1
2 5/18/20 1
3 6/3/20 2
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This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
Execution by the Contractor must be by a person with authority to bind the entity.
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BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Page 21 of 31
Packet Pg. 1883
D.3.a
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MOROE COUNTY, FLORIDA
By: By: CL
Deputy Clerk Mayor/Chairman
Date
(SEAL) MONROE COUNTY ATTORNEYS E
AMOVEDASTOFORM
c
' bra
CANTCOUNTYATTORNEY
'1'E: 6-23-2020
CONTRACTOR'S Witnesses Ateest: CONTRACTOR: SEA TECH OF THE
Contractor must provide two witnesses FLORIDA KE I
signatures
Signature:
Signature: Print Name: Robin Szmansky
0
Print Name: Becky Deutsch Title: President
Date: July 1, 2020 Date: July 1,2020
and m
Signature: _ in
Print Name: David J.,Hahn
Date: July 1,2020 0
i
STATE OF Florida , COUNTY OF Monroe
Subscribed and sworn to (or affirmed) before me by means of cXphysicai presence or ❑ online
notarization, on July 1,2020 (date)
by Robin Szmansky (name of affiant). He/She is personally known
to me or has produced (type of identification) as U
identification. >
Becky L,Dsud Age-%-, go
NOTAR UBLIC
NOTARY PUBLIC
STATE OF FLORIDA
MO00962754 My commission expires:
*- wi(es 2/26/2024
Page 22 of 31
Packet Pg. 1884
D.3.a
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan CL
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates U
Section 01040 Project Coordination c
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals 12
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information—(RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds W
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
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Page 23 of 31
Packet Pg. 1885
D.3.a
EXHIBIT "A"
DAVIS BACON WAGE DETERMINATION
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0
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Page 24 of 31
Packet Pg. 1886
D.3.a
"General Decision Number: FL20200022 05/15/2020
Superseded General Decision Number: FL20190022
State : Florida
Construction Type : Building
County: Monroe County in Florida.
0
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BUILDING CONSTRUCTION PROJECTS (does not include single c
family homes or apartments up to and including 4 stories) .
Note : Under Executive Order (EO) 13658, an hourly minimum
wage of $10 . 80 for calendar year 2020 applies to all 12
contracts subject to the Davis-Bacon Act for which the
contract is awarded (and any solicitation was issued) on or
after January 1, 2015 . If this contract is covered by the
EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10 . 80 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent
performing on the contract in calendar year 2020 . If this
contract is covered by the EO and a classification
considered necessary for performance of work on the W
contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process
set forth in 29 CFR 5 . S (a) ( 1 ) (ii ) (or the EO minimum wage
rate, if it is higher than the conformed wage rate) . The
EO minimum wage rate will be adjusted annually. Please
note that this EO applies to the above-mentioned types of
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not
apply to contracts subject only to the Davis-Bacon Related
Acts, including those set forth at 29 CFR 5 . 1 (a) (2 ) - ( 60) .
Additional information on contractor requirements and
worker protections under the EO is available at >
www.dol . gov/whd/govcontracts .
Modification Number Publication Date
0 01/03/2020
1 05/15/2020
Page 25 of 31
Packet Pg. 1887
D.3.a
ELEC0349-003 09/02/2019
Rates Fringes
ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 35 . 36 12 . 77
-----------------------------------------------------------
ENGI0487-004 07/01/2013
Rates Fringes 0
0
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under. . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80
-----------------------------------------------------------
IRON0272-004 10/01/2019
Rates Fringes
0
IRONWORKER, STRUCTURAL AND W
REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 25 . 49 11 . 99 `=
N
------------------------------------------------------------
PAIN0365-004 08/01/2019
Rates Fringes
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 28
-----------------------------------------------------------
i
* SFFL0821-001 01/01/2020
Rates Fringes
i
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 29 . 18 19 . 75
----------------------------------------------------------- >
SHEE0032-003 12/01/2013
Rates Fringes E
SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18
Page 26 of 31
Packet Pg. 1888
-----------------------------------------------------------
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07
CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00
E
E
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 0
U
0
LABORER: Common or General . . . . . . $ 8 . 62 0 . 00
LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 . 45 0 . 00
OPERATOR: Backhoe/Excavator. . . . . $ 16 . 98 0 . 00
OPERATOR: Paver (Asphalt, U)
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00
OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00
0
U
PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 a
C44
C44
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00
SHEET METAL WORKER, Excludes
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61
TRUCK DRIVER, Includes Dump
U)
and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15
-----------------------------------------------------------
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WELDERS - Receive rate prescribed for craft performing >
operation to which welding is incidental .
E
Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave for Federal Contractors applies to all contracts
Page 27 of 31
1 Packet Pg. 1889
D.3.a
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after
January 1, 2017 . If this contract is covered by the EO,
the contractor must provide employees with 1 hour of paid
sick leave for every 30 hours they work, up to 56 hours of
paid sick leave each year. Employees must be permitted to
CL
use paid sick leave for their own illness, injury or other
health-related needs, including preventive care; to assist
a family member (or person who is like family to the
employee) who is ill, injured, or has other health-related 0
needs, including preventive care; or for reasons resulting o
from, or to assist a family member (or person who is like
family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional
information on contractor requirements and worker
protections under the EO is available at
www.dol . gov/whd./govcontracts .
Unlisted classifications needed for work not included
within the scope of the classifications listed may be added
after award only as provided in the labor standards
contract clauses (29CFR 5 . 5 (a) (1) (ii) ) . ca
-----------------------------------------------------------
N
The body of each wage determination lists the
classification and wage rates that have been found to be
prevailing for the cited type (s) of construction in the
area covered by the wage determination. The classifications
are listed in alphabetical order of ""identifiers"" that
indicate whether the particular rate is a union rate 0i
(current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted
union average rate) .
i
Union Rate Identifiers
0
U
A four letter classification abbreviation identifier >
LU
enclosed in dotted lines beginning with characters other
than """"SU""" or ""UAVG"" denotes that the union
classification and rate were prevailing for that E
classification in the survey. Example : PLUM0198-005
07/01/2014 . PLUM is an abbreviation identifier of the
union, which prevailed in the survey for this
Page 28 of 31
Packet Pg. 1890
D.3.a
classification, which in this example would be Plumbers .
0198 indicates the local union number or district council
number where applicable, i . e . , Plumbers Local 0198 . The
next number, 005 in the example, is an internal number used
in processing the wage determination. 07/01/2014 is the
effective date of the most current negotiated rate, which
CL
in this example is July 1, 2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) o
governing this classification and rate .
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate 12
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in
the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it
may include both union and non-union rates . Example :
SULA2012-007 5/13/2014 . SU indicates the rates are survey
rates based on a weighted average calculation of rates and
are not majority rates . LA indicates the State of
Louisiana . 2012 is the year of survey on which these W
classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey
completion date for the classifications and rates under
that identifier.
0
i
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate 0
that no single majority rate prevailed for those >
classifications however, 1000 of the data reported for the
classifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted E
union average rate . OH indicates the state . The next
number, 0010 in the example, is an internal number used in
producing the wage determination. 08/29/2014 indicates the
Page 29 of 31
Packet Pg. 1891
D.3.a
survey completion date for the classifications and rates
under that identifier .
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
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WAGE DETERMINATION APPEALS PROCESS c
1 . ) Has there been an initial decision in the matter? This
can be :
c
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position
on a wage determination matter
* a conformance (additional classification and rate)
ruling
c
On survey related matters, initial contact, including W
requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey W
was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory,
then the process described in 2 . ) and 3 . ) should be
followed.
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With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to:
i
Branch of Construction Wage Determinations
Wage and Hour Division
U. S . Department of Labor >
200 Constitution Avenue, N.W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
Page 30 of 31
Packet Pg. 1892
D.3.a
review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) .
Write to :
Wage and Hour Administrator
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of
the interested party' s position and by any information c
(wage payment data, project description, area practice
material, etc. ) that the requestor considers relevant to
the issue .
c
3 . ) If the decision of the Administrator is not favorable,
an interested party may appeal directly to the
Administrative Review Board ( formerly the Wage Appeals
Board) . Write to :
Administrative Review Board
U. S . Department of Labor
200 Constitution Avenue, N.W. W
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are
final .
c
END OF GENERAL DECISION"
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Page 31 of 31
Packet Pg. 1893
D.3.b
SECTION 00120 Z'
PROPOSALFORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT CL
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
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PROPOSAL FROM: Sea Tech of the Florida Keys Inc. o
131 Palomino Horse Trail
Big Pine Key FI. 33043
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
KEY LARGO COMMUNITY PARK REPAIRS
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he/she has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he/she
understands the conditions under which the Work is to be performed. The successful proposer
shall assume the risk of any and all costs and delays arising from the existence of any
subsurface or other latent physical condition which could be reasonably anticipated by reference o
to documentary information provided and made available, and from inspection and examination
of the site.
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control.
0
Ch
One Hundred Fifty-eight Thousand, Four Hundred Twenty-five & no/100-------------Dollars.
0.
(Total Base Proposal- words)
CL
$ 158,425.00 Dollars.
(Total Base Proposal --numbers)
I acknowledge Alternates as follows: N/A
PROPOSAL FORM 00120- Page 26 of 304
Packet Pg. 1894
D.3.b
Unit prices, if any, are as follows: NIA
I acknowledge receipt of Addenda No.(s) CL
No. 1 Dated 5-14-20
No. 9 Dated 5-18-20
0
No. 3 Dated 6-3-20
No. Dated
0
0
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0
0
0
0.
0
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PROPOSAL FORM 00120- Page 27 of 304
Packet Pg. 1895
D.3.b
Proposer, states by his/her check mark in the blank beside the form and by his/her signature
that he/she has provided the following requirements (located in Section 00120):
1, Proposal Form V
2. Proposal Security (Bid Bond) V CL
3. Non-Collusion Affidavit
4. Lobbying and Conflict of Interest Clause V
o
5. Drug-Free Workplace Form
0
6. Public Entity Crime Statement V
7. Vender Certification Regarding Scrutinized Companies Lists
8. Subcontractor List Form V
9. Proposer's Insurance and Indemnification Statement
w
10. Insurance Agents Statement (signed by agent) V
11. Answered Required Questions V
12. Provided three (3) Customer References and three (3) Credit References V
Provided three (3) years of Financial Statements in separate email marked
13. `"CONFIDENTIAL"" �
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14. Certified copy of Valid Florida Contractor's License V
15, Current Monroe County Occupational License V
16. Minority Owned Business Declaration
17. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion V/ CL
Business
Name: Sea Tech of the Florida Keys Inc. DBA:
Business
BIN # 65-0126213
Business Mailing o
Address: 131 Palomino Horse Trail Address:
City,
State, Zip Big Pine (fey Fl. 33043 City,State,Zip �
0
Phone: 305-872-0888 Local Phone: 76
v,
0
The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1) year o tq th jlobce of request for bid or proposal. CL
Date: 06-16-20 `
Signed:
Printed: Robin Szmat sky
Title: P esident
Witness: f
PROPOSAL FORM 00120- Page 28 of 304
Packet Pg. 1896
D.3.b
BID (PROPOSAL) BOND
Sea Tech of the Florida Keys,Inc.
KNOW ALL MEN BY THESE PRESENTS, that we 131 Palomino Horse Trail
Big Pine Key,FL 33043
(Here insert name and address or legal title of Contractor)
United States Fire Insurance Company
as Principal, hereinafter called the Principal, and 305 Madison Avenue CIL
Morristown, NJ 07960
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of t7elaw8re as Surety, hereinafter called o
the Surety, are held and firmly bound unto Monroe County Boarr7To Cou�y Commissioners
500 Whitehead Street
(Here inseretTl''u�l�tname and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount Dollars
($5%____________), for the payment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents. Key Largo Community Park Repairs,\
Key Largo,Florida F®
WHEREAS, the Principal has submitted a bid for
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a 2
Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety �?
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the Work covered CIL
by said bid, then this obligation shall be null and void, otherwise to remain in full force and —
effect. Any action instituted by a claimant under this bond must be in accordance with the
notice and time limitations provisions in Section 255.05(2), Florida Statutes,
""%
Sea Tech of the Florida Keys,Inc. `� •,,•� ��
eal)�1
C/)
(Witnes
( tfe) w� '• .]��.• cam;
1 United States Fire Insurance Co(nppny �"t_��•.3• • �� Ckc
ittiii
(Surety) (Seal)
ga g esias(Witness)
(Title) Charles J. Nielson,Atty.-In-Fact
PROPOSAL FORM 00120-Page 29 of 304
Packet Pg. 1897
POWER OFAT,roio-v
UNITFD STATES FIRE,INSURANCE,COMPANY
PRINCIPAL OFFICE,-MORRISTOWN,NF W.IF.RSEY
00927402020
KNOW ALI.NIUN E3Y'rIiLSL PRESENTS '['hat United States Fire Insurance Company,a corporation duly organiwd mid existing under lho 1aNNs of flue slate of Delaware, ha
made,constilu(ed and appointed,and does hereby make, constitute and appoint:
fan A. Nipper, Dardd Russell lloowr, Joseph Penichel Nielson,
Charles David Nielson, Charles Jackson Nielson, Shawn Altnt Barton, Jarrett Alerluerl
each, its true and lawful Atlomey(s}ln-Fact. with tilt power and authority hereby cunkrrred in its mmne, place and stead,to execute,acknowledge and deliver Any and all born
and undertakings orsurety raid other documents that the ordinary course ofsurcty business may require,and to bind United States Fire Insurance Company thereby as kdly and
the saune extent as if such bonds or Undertakings had been duly executed and acknowledged by (be regularly elected officers o1'United States Fire Insurance Company at i CL
principal office, in runounts or penalties not exceeding', Seven Million, Five Hundred Thousand Dollars($7,500,000).
This power ot'Atloniey limits the act ofthose mined therein to the bonds and undertakings specifically named 1hercin, and they have no authority to bind Unilcd States hi
]nsunmee Company except in the manner and to the extent therein stated.
This[lower ofAttontey revokes all previous Powers ofAtlomcy issued on behalfofthe Attorneys-In-Pact owned above and expires on RuWavy 31,2021.
U
This Power o€'Attorney is granted pursuant to Article 1V ofthe lay-Laws of Unilcd States Eire Insurance Conipany as now in hill ince and elk-et,and consistent wills Article
thereof which Articles provide, in pertinent purl: :s
J
Article IV, I'.xCCIltiO❑ of instruments-[=xcept as the Board of[?hectors inay authority by resolution,the Chaimnui ofthe Board, President,any Vice-President,
any Assistant Vice President, (lie Secretary,or any Assistant Secretruy shall have power on behal I'ofthe Corporation: GI
(a) to execute, allix the corporate seal tmurually or by ficsiniilc to, acknowledge, verity mid deliver any contracts, obligations, instnuncnts and documents
whatsoever in c:onncction with its business including,without limiting the kircgoing, any bonds, guarmiwcs, undertakings,recognizances,powers ofattonrcy or
revocations ofany powers ofattorney, stipulations,policies ofinswancc, deals, ]cases, mortgages,releases,satiskictions and agency agreements;
(b) to appoint, in writing, one or more persons kir any or all ofthc purposes mentioned in the preceding paragraph (a), including affixing the seal ofthe
Corporation.
Article 111, Oflicen, Section 3.11, Facsimile Signatures. ']'lie signature of any olliccr au01067cd by the Corporation to sign any bonds, guarantees,
undertakings, recogniziuices, stipulations, powers ofaltomey or revocations ufany powers ofattorney and policies ofinsuruice issual by Ilia Corporation miry
be printed, facsimile, lithographed or otherwise produced. In addition, ifand as authorized by the Board of Directors, dividend warrants or checks,or other
numerous instruments similar to one miotiier in kmn, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, ofsuch
otlicer or ollicers of the Corporation as from lime to lime may be authorized to sign such inslninienls on behall'ol'the Corporation The Corporation may
continue to Ilse lair the purposes herein slated the facsimile signature of any person or persons who shall have been such olliccr or ollicers of the Corporation,
U
notwithstanding the fact that he may have ceased to be such at the lime when such instruments shall be issued.
IN WITNESS WHEREOF, United Stales Fire Insurance Conipaasy has caused these presents to be signed and attested by its appropriate olliccr raid its corporate seal her m
allixcd this 22"i day ot'August 2019. 0)
UNITED STATES FIRE INSURANCE COMPANY
L
Anthony R.Slimowicz, executive Vice President
Slate of Pennsylvania }
County of Philadelphia }
On this 22ai1 day of August 2019, before me, a Notary public of the State of Pennsylvania, canoe the above named officer of United States Fire Insuran
Company,to me personally known to be the individual and officer described herein,and acknowledged that he exccutcd the foregoing ins(rumcnt and affix
the seal of United States Fire Insurance Company thereto by the authority ol'his office.
Commonwealth of Pennsylvania—Notary Rea[ � '— 7
Tamara Watkins,Notary Public
Philadelphia County Tamara Watkins (Notary Public)
My commission expires August 22,2023 0.
Commission number 1348843
CL
1,theundersigned officerol'UnitedStates Fire lnsurancc:C'ompany,af)elamurc corporation,doherchy certify that I lie original PuinerofAttorneyul'which]
foregoing is a full,true and correct copy is still in force and effect and has not iven revoked. 0)
IN WEINOSS W11FRIDF, I have hereunto set my hand and aff-txed the corporate sea]ol'Uuited States hire Insurance Cunnpuny on the 9 day of'June 20
UN11TCD STATES FIRE, INS URANCFCOMPANV
ui1 E
r
AI Wright,Senior Vice President
Packet Pg. 1898
D.3.b
SECTION 00120
ICON-COLLUSION AFFIDAVIT
I Robin Szmansky of the city Big Pine Key
according to law on my oath, and under penalty of perjury, depose and say that: CL
1. 1 am Robin Szmansky
of the firm of President
the proposer making the Proposal for the project described in the notice for calling for
proposals for: o
Key Largo Community Park Irma Repairs
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this proposal )
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
0
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
kn dg o s id_.prplect. `�
06-16-20
(Signature of Proposer) (Date)
0
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STATE OF: Florida o
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or ❑ online
notarization, on 06-16-2020 (date) y
by Robin Szmansky (name of affiant). He/She is personally 0.
CL
known to me or has produced Known (type of identification) as
I0t101,
�cky L.❑eutsch
NOTARY PUBLIC STATE OF FLORIDAComm#GG962754 NOTARY
Expires 2/26/2024
(SEAL) My commission expires: 02/26/2024
PROPOSAL FORM 00120- Page 30 of 304
Packet Pg. 1899
LOBBYING AND CONFLICT OF INTEREST CLAUSE v,
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
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ETHICS CLAUSE
Sea Tech of the Florida Keys Inc.
(Company) c
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 No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. 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".
(Signature)
Date: 06-16-20
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.E
STATE OF: Florida
0
COUNTY OF: Monroe
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Subscribed and sworn to (or affirmed) before me by means of Vphysical presence or ❑ online
notarization, on 06-16-2020 (date)
by Robin Szmansky (name of affiant). He/She is personally
known to me or has produced Known (type of identification)
as identification. .� 6
0.
Becky L.Deutsch 0
NOTARY PUBLIC NOTARY PU LICCL
*Is
STATE OF FLORIDA
Camm,*GG962754
E�iSre ,W2612024 My commission expires: 02/26/2024
PROPOSAL FORM 00120- Page 31 of 304
Packet Pg. 1900
D.3.b
DRUG-FREE.WORKPLACE FORM Z,
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Sea Tech of the Florida Keys Inc.
(Name of Business)
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1. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee o
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction,
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or o
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rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of
this section,
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As the person authorized to sign the statement, I certify th t this firm complies fully with the above
requirements. E
Pro ser's Signature
06-16-20 0
Date
STATE OF: Florida
0
COUNTY OF: Monroe
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Ch
0
0.
Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or ❑ online
notarization, on 06-16-2020 (date) by Robin Szmansky CL
(name of affiant).
He/She is personally hg94yL.tBjLj1jcWr has produced Known,- I (type of identification)
as identifi NOTARY PUBLIC �
STATE OF FLORIDA
Comm*OG962754
Expires 2/2612024 NOTARY P L
(SEAL) My commission expires: 02-26-2024
PROPOSAL FORM 00120- Page 32 of 304
Packet Pg. 1901
D.3.b
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
CONTRACTOR 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, Florida Statutes, for o
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
I have read the above and state that neither Sea Tech of the Florida Keys Inc.
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
....._m _t v)
(Signature
Date: 06-16-2020
STATE OF: Florida
COUNTY OF: Monroe CL
Subscribed and sworn to (or affirmed) before me, by means of Wphysical presence or ❑ online
notarization, on 06-16-20 (date)
0
by Robin Szmansky (name of affiant). He/She is personally
known to me or has produced Known (type of identification) as
identification.
NOTARY P1.461 qC___
CL
(44c)
Becky L.Deutsch My commission expires: 02-26-2024
!VOTARY PUBLIC
STATE OF FLORIDA
Comm#GG962754Expires 2/26/2024
PROPOSAL FORM 00120- Page 33 of 304
Packet Pg. 1902
D.3.b
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): Key Largo Commuinty Park Irma Repairs
Respondent Vendor Name: Sea Tech of the Florida Keys Inc. CL
Vendor FEIN. 65-0126213
Vendor's Authorized Representative Name and Title: Robin Szmansky, President
Address: 131 Palomino Horse Trail
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Big Pine Key Florida 33043 U
City: 9 Y State: Zip: o
Phone Number 305-872-0888 Email Address: robins@seatech.cc
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or *�
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing
a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
Lists which were created pursuant to s. 215,473, Florida Statutes, or is engaged in business operations in
Cuba or Syria.
0
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
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I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company is found to have
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or o
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the U
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in o
business operations in Cuba or Syria.
Certified By: Robin Szmansky who is authorized
to sign on behalf of the MT
enced_company. 76
y
Authorized Signature.
0
0
Print Name: Robin Szmansk CL
Title:
President
Note: The List are available at the following Department of Management Services Site:
I l fA � y Ci!I-L iM londa 6.o8�Yb Imes° Cz_ e atio list aT t)M � iC� dtJ�,r(dor Ed"6forn1atin dt�onvid t � u p �
__ _ .__ ._�v. ,. _... .._ _ ._ __. Gy
c:".E'ICI+ d t:.l9z r(B"niP'ir3`P ('. ;,+`si$�6.1i- iPl f. +!end'o.r list
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PROPOSAL FORM 00120- Page 34 of 304
Packet Pg. 1903
D.3.b
KEY LARGO COMMUNITY PARK REPAIRS
SUBCONTRACTOR LISTING FORM
Ph#w
Division Subcontractor Contact Person area code Cell Address CL
16 Marathon Electric Randall Mearns 305-743-5805 10690 Aviation Blvd, Marathon, FL 33050
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PROPOSAL FORM 00120-Page 35 of 3
Packet Pg. 1904
D.3.b
SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
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General Insurance Requirements for
Construction Contractors and Subcontractors
0
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Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors 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 this contract and any penalties and failure to E
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. ca
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any 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 CL
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 will be held responsible for all deductibles and self-insured retentions that may o
be contained in the Contractor's Insurance policies.
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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.
0.
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The County, at its sole option, has the right to request a certified complete copy of any or all CL
insurance policies with all endorsements, amendments, exclusions and notice of changes to the
policy as 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 (30) days prior notification
is given to the County by the insurer.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 304 <
Packet Pg. 1905
D.3.b
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation. CL
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
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 o
approved by Monroe County Risk Management.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 304
Packet Pg. 1906
WORKERS' COMPENSATION y
INSURANCE REQUIREMENTS
FOR
KEY LARGO COMMUNITY PARK REPAIRS
BETWEEN CL
MONROE COUNTY, FLORIDA —�
AND
Sea Tech of the Florida Keys Inc.
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes and the requirements of Florida Statutes, Chapter 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 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. o
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 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.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 304
Packet Pg. 1907
D.3.b
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
KEY LARGO COMMUNITY PARK REPAIRS
BETWEEN
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MONROE COUNTY, FLORIDA
AND
Sea Tech of the Florida Keys Inc.
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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:
0
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
0
$500,000 Combined Single Limit �?
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 of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve CL
(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. o
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 304
Packet Pg. 1908
D.3.b
BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
KEY LARGO COMMUNITY PARK REPAIRS
BETWEEN
CL
MONROE COUNTY, FLORIDA
AND
Sea Tech of the Florida Keys Inc, o
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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:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 304
Packet Pg. 1909
D.3.b
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT v,
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $500,000 Bodily Injury by Accident CL
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease,
each employee c
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General Liability, including $500,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Business Automobile Liability $300,000 Combined Single Limit
(Owned, non-owned, and hired vehicles)
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
Builder's Risk: Not Required
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida.
Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance o
requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless o
from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) CL
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). The monetary ..
limitation of liability under this contract shall be not less than $1 million per occurrence pursuant
to Fla. Stat. Sec. 725.06. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of
INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 304
Packet Pg. 1910
D.3.b
this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that 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 CL
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf. o
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The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Agency, the State of Florida, Department of Emergency Management, and its officers and U)
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of this Contract. o
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This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)
Agency's sovereign immunity.
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PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal. o
Sea Tech of the Florida Keys Inc. v~ts
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PROPOSER Signature
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 304
Packet Pg. 1911
D.3.b
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
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General Liability $5000.00
Workers Compensation $0.00
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Liability policies are V Occurrence Claims Made
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Keys Anchor Insurance Agency
Insurance Agency Sign)ature
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 303
Packet Pg. 1912
D.3.b
o
L.
OF THE FLORIDA KEYS
LICENSED BUILDING CONTRACTORS
Key Largo Community Park
Information Required to be Provided
A. A list ofthe entity's shareholders with five percent or more ofthe stock. e
• Robin Szrnansky- 100%
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B. A list of officers and directors of the entity.
• Robin Szmansky, President, Vice President, Secretary, Treasurer
C. Relevant Experience: The number of years the person or entity has been operating.
• 30 years, a list of fobs is attached
I). The number of years or entity has operated.
• 30 years
G. Answer to the following questions regarding the claims and suits.
a. Has the person or entity ever failed to complete work or provide the goods for which it has e
contracted? Yes
• Sea Tech contructed with the Arniv C.'OE ul Patrick AFB, Florida. After the contract was M
more than 50YO complete, the Surety on the pgwnenl and peg tbrrnunee bonds went bankrupt.
Sea Tech's new sorely would not provide replacement bonds without docunientat ion frorn Armv �
C OE. The Armv C'OE would not provide the docurnentution. The Army C'OE terminated the
cnntruc t CIL
for•default clue to luck of honcls.
b. Are there any_judgments, claims, arbitration proceeding or suits pending or outstanding
against the person, principal of the entity, or entity, or its officers, directors, or general partners
(this specifically includes any present of prior entities in which the person, principal, entity
officer, director or general partner of the proposing entity has been involved as a person, e
principal, entity, officer, director or general partner in the last five(5)years)? Yes
• Spuce Coast General Contractors, Inc. v. Sea Tech of the Flcrr•icla he vs,Inc•., Case No.: 05-
2012-CA-06483 1,pending in Brevurd County, Florida. The Federal Government, throzsgh �
the United Stutes Aroq Corp of Engineers ("ACE"), uwarded a contract ("Prime
Contract")to Seu Tech to serve us the general contractor on a fc derul construction pr(#ec'l "-
lukinA,•ppuce ul the federally owned Patrick Air Force Buse in Br•evurd Cuunt_v, Floridu
(the "Project'). On August 21, 2010, Space Coast submitted a propos'ul to Sea Tech to do 0
c•ertuin steal work comprising part of the Prime Contract. On March 15, 2011, upon
CIL
commencement cif the lvork, Space Coust advised Sea Tech that it needed additional rnonev
chic' to an increase in steel prices. Because ACE alreadv uwarded the Prime Contract to
Sea Tech, Sea Tech could not unilulerully increase the suhcuntr•acl with Spuce Coast. Seu
Tech udvi.sed Spuce Coast accordingly, and the parties agreed to process the increase ire
steel prices via change order with ACE. ACE did not approve the change order and
ultiniately sought additional information from Spuce Coast to support the change order.
To dale, Space Coast has not szrhmilled uclditiorrul dociunerzlation. Thus, ACE hus nod paid
Scu Tech for the increase in steal prices, and, in turn, Sea Tech has not puid Spuce Coast
PO Box 420529, Surnmerland Key, FL 33042
Phone: (305) 872-0888 Fax:(305)872-8898
Packet Pg. 1913
D.3.b
for the increuse it7 , ICA-'1 pl-ieeS. Despite the uneterstanding between the parties, Spuce �
C oust ltled suit uguinst Sea Tech seeking the tnonies in connection with the increase In
0.
steel prices clir-cclly,f•0171 Sea Tech, and we ure currently dcl�nding Seu Tech in that
lawsuit. Settled via mediatiotr 111412019
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• Nulional Fite Protection Inc v Sea Tech of the Florida Kevs Inc., Luse No:
CACT15002243, pending in Browurd County, Floridu. Settled via mediatiot'r 12120116.
• Inclan Puinting& Wuterprooling Inca v Sea Tech ol'thc Florida Key},s Inc ,settled 12121118 e
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C. Has the person, principal of the entity, entity, or its officers, major shareholders, or e
directors within the East five (5) years, been a party to any law suits or arbitrations with regard
to a contract for services, goods or construction services similar to those requested in the
specifications with private or public entities? This specifically includes any present or prior
entities in which the person, principal,entity,officer,director or general partner of the proposing
entity has been involved as a person, principal, entity, officer, director or general partner in the
last five(5)years?
• Yes, see b above
d. Has the person,principal of the entity, or its officers,owners, partners,major shareholders `
or directors,ever initiated litigation against the County or been sued by the County in connection
with a contract to provide services, goods or construction services'? This specifically includes
any present or prior entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, entity. officer, director �?
or general partner in the last five(5)years.
• No
e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling
shareholder or major creditor of person or entity was an officer, general partner, controlling CL
shareholder or major creditor of any other entity that failed to perform services or furnish goods
similar to those sought in the request for bids. (If yes, provide details and information about the
failure to perform services or furnish goods that will enable the Owner to thoroughly consider
the matter.) e
No
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f. Customer References
Name Address Phone
MCBCCISteve Sanders 500 White St, Key West, FL 33040 305-295-4338
NAVFAC/lleana Wolski PO Box 9018 Key West, FL 33040 305-293-2359 6
NPSIWilliam Vazquez 40001 SR9336, Homestead, FL 33034 305-242-7793
0
g. Credit References CL
Name Address Phone
Bella Construction, Inc 35 Diamond Drive, Key West, FL, 33040 305-292-9888
Monroe Concrete Products PO Drawer 1149, Key West. FL, 33040 305-296-9934 ¢;
Manley DeBoer 1 ]09 Eaton St., Key West, FL 33040 305-294-5900
h, Financial statements for the priorthree years (In separate email)
Packet Pg. 1914
SEA TECH, INC.
PRESENT and PAST PROJECT LIST
Client Name Owners Contact Start End Contract Brief Summary of Project
Amount
Location Owner's Phone# Date Date
State of Florida,REP James Post Design,permit and construct four crossover ramplsteps for access to in
285
Bahia Honda Crossovers 345.853-3571 12JO1119 06130/20 143, poach areas. .
Provide all labor,materials,supervision and equipment required to demo
National Park Service William Vazquez existing structures and buildout a new fee booth including concrete
Everglades Booth!Amph{theatr 305.242-7793
05120119 06l12120 443,855 foundation,cmu walls,trusses,door,windows,electric,lightning n3
CL
protection for a 216sf building with asphalt driveway. Add outdoor lights
benches,and outdoor podium with asphalt driveway for Amphitheatre.
State of Florida,REP James Post Provide all permits,labor,material,equipment and supervision for the sit
Bahia Honda Restrooms 305-853-3571 10117118 06101120 943,115 work,foundations,and installation coordination of the public bathhouse O
and restroom L)
Monroe County SOCC Steven Sanders Provide permits,labor,materials and supervision to install a new
Harry Harris Kiosk 305-295-4338 04111119 05131/20 49,925 sustainable klosk sign including,rainwater capture,solar electric,metal
roof,and site work.
Provide permits,labor,materials&supervWon to demo existing stair,
ramp,porch roof,exterior lighting fixtures. Relocate existing light pole.
Key West Historic Seaport Karen Olson Remove existing slab,plumbing fixtures,lighting fixtures,finishes and
Margaret St.Restroom 305.809.3803 02112119 05/15120 314,519 some interior walls. Add new ramp,stair,porch roof,minor landscaping,
doors,lighting,new floor layout,plumbing,partitions,accessories, n3
finishes per construction documents
Peraton Inc Chermorre Wells Furnish labor,material and equipment to upgrade electrical systems,fix j
Blimp Site Blockhouse Repairs 757-594.1625 07l16Ii9 01131l20 147,259 cmu wails and paint
Monroe County BOCC Steven Sanders Move two old trailers from one location to another. Construct new emtry
Relocate 2 Trailers 305.295.4338 OB@7119 10130119 39,230 steps and ramps in new location. tJ
Provide permits,labor and material to Install drywall,Insulation and paint
Monroe County BOCC Matthew Howard in all walls and ceilings where it was removed,remove all Floor finishes
04104119 OB11119 0
MCSO Headqtrs Irma Repairs 305-850.8123 8 57,902 and wall base. install an HTC Superfloor Polish System for the floor on 1� IX
&2nd floor, Install new rubber base on 1st&2nd floors, Furnish&install n3
casework,cabinets,sinks,replace all acoustical ceiling the CL
Monroe County SOCC Cary Knight 06122119 07122119 51,525 Provide permits,labor,materials&supervision to install a concrete pad,
Berstein Park Fitness Ct 305-292.4527 play surface,fitness court with all assoc.
FKAA Jolynn Reynolds 06103119 06130119 10,175 Provide&install post shores to select areas of building. O
FKAA Hdqtrs Office 305.296.2454
O
Provide permits,labor,materials&supervision to reinstall drywall,
Monroe County BOCC Rob Tudor €nsulation,and paint in all walls and ceilings where it was removed, n3
FJC Finish&Wall Repairs 305.292.4416 01l11119 06110l19 130,520 roplace all crown molding,base board,door moldings and benches to
match existing wood. or
Slate of Florida, Donald Bergeron 01118119 04130119 28,570 Provide labor&materials to install temporary utilities in two locations
Bahia Honda Temp Toilets 30M72.3897
Monroe County SOCC Cary Knight Furnish material,labor&equipment to paint and install customer supplier m
Install 3 Doors 305-292-4527 04103/19 04130119 4,935 doors in existing frames. 0.
O
Monroe County BOCC Steven Sanders 04110l19 O4l10119 5,745 Provide permits,labor&materials to install new awning and gutters and CL
"
Ruth Ivin Ctr Repairs 305-295-4338 repair downspout
Provide structural repairs to ranger residence to include permitting,install
State of Florida,DEP Mark Hodges F®
Dagny Park Ranger Repairs 772-380-6938 06104118 03/18119 56,315 past shores,concrete repalrs,sandblasting,repair structural steel,paint 8 n3
clean up
Construct a signle stall,ADA compliant unisex restroom including
Key West Historic Seaport Karen Olson connection to existing utilites,demolition of cocrete slab,removal&
Schooner Wharf Bathroom 305.809-3803 12107118 03/13119 83,371 modification of breakaway panels,build a CBS structure with foundation,
plumbing,bath accessories,lighting,door,frame&hardware,ventilation
per construction plans
Packet Pg. 1915
SEA TECH, INC.
PRESENT and PAST PROJECT LIST
Client Name Owner's Contact Start End Contract Brief Summary of Project
Amount
Location Owner's Phone# Date Date
Furnish materials&labor per the drawings&specifications to provide
Monroe County BOCC Steven Sanders selective replacement of drywall,vinyl baseboard,cabinets,telling tile,
Marathon Annex Drywall 305-295.4338 0O71113 03/01119 118,825 exterior light fixtures,flooring,fencing,canopy cover,g g g flag pole,gutter&
downspouts,metal awnings,doors,outlets.
CL
n3
FKAA Jolynn Reynolds 09120l18 03101119 40,928 Provide&install post shores to select areas of building,repair beam
FKAA Hdqtrs Office 305-296.2454 concrete,concrete spalling repair per plans&specs
Monroe County BOCC Cary Knight 02118119 02/19119 7,675 Provide permits,labor&materials to repairwall cracks with mortar
West Martello Wall Repair 305-292.4527
U
Provide permits,labor&materials to install and finish approx 221 sfIlm
Monroe County BOCC Matthew Howard drywall,replace metal tracking approx 120 If,UP panels approx 172 sf,
Sheriff Hangar Marathon 305-850.8123 11l07l18 01129/19 4B,B55 insulation 200sf,new exterior door,kitchen cabinets,countertops,sink
and faucet in an occupied building
Monroe County SOCC Steven Sanders 09120118 10131118 21,715 Provide all€abor&matedals to Install drywall&insulation in all walls&
O€d Courthouse Drywall 305-295-4338 ceilings where it was removed in various spaces
Monroe County BOCC Steven Sanders O9120f10 10131118 14 975 Provide all labor&materials to install drywall&insulation in all wails&
Gate Bldg Drywall 305-295-4338 ceilings where it was removed in various spaces ro
Peraton Inc Chermerre Wells Provide&install new gate and fencing per drawings and specifications )
Blimp Site Gates 757.594.1625 08l2311B 10122118 67,604 including electrical work,trenching
Monroe County School Board Michael Skrodinsky Demo concrete slab,install new sidewalk with landing to include,forms, j
Big Pine School Sidewalks 305-293.1400 OB146118 OBl3111 B 27,35i compacted fill
National Park Service Repair and resurface the oceanside boardwalk from damage caused by
Repair Boardwalk from Hurricane 305-24 2 7793 Vazquez 05/30118 OB111118 116,530 Hurrican Irma. Demo damaged areas,install thru flow and stiar treads to tJ
Irma O5 24 approx 2501f.
Monroe County School Board Michael Skrodinsky 0
TRMS Locker Spalling 305-293.1400 06122118 07122118 4,398 Provide selective spalling repairtoTRMS football locker room.
n3
Monroe County Schaal District Jeff Barrows 07l0111 G QG130118 214,T95 Provide all engineering,labor&materials to strip,waterproof,and repaint two CL
Paint Marathon Schools 305-360-1424 school bldgs to include removal of stucco grooves,clean all caulked joints.
National Park Service William Vazquez Provide all labor,supervision,material,tools,equipment,supplies,
Repair Pavement from Hurricane Irma 305.242.7793 06120118 06128/10 60,480 transportation and incidental to pave the North&South Parking Lots and
pave a spur road from east lot to the head of the natrue trail
Provide&Install new drywall where old drywall was removed,cut to fit&
Monroe County BOCC Johnnie Young n3
Big Pine Key Library Repairs 305-292-4429 04118I18 06113118 34,724 install new steel framing studs where old materials have rotted,provide
Ili wainscoting to match existing
Monroe County School Board Michael Skrodinsky
Post Pockets/Sidewalk Repairs 305-293.1400 05111/18 05/31118 29,216 Fill fence post pockets and repair sidewalks at two Key West schools.
0
Anna Bercaw 0.
FBI 202 324-2666 09127/14 05131/18 $464K Design&Build office spaces to include,seiective demolition,new walls,new
Istanbul,Turkey doors,Flooring,ceiling,paint,upgrade electric,HVAC,new office furniture. CL
Provide&Install exterior repairs,selective demo,install new hardle sidin
Mr&Mrs Gordon paint,interior repairs to include insulation,drywall,baseboards,tiling, n3
Gordon Rd House Repairs Robert Sheehan 02126118 O5115118 97,861 painging,flooring,new exterior deck and stains with landing,plus all )
permits
Monroe County BOCC TEM Mechanical Og110l18 04116118 7 750 Provide 8 install wood picket fonco with 6x6 posts,2x4 framing and 1x4
Key West Library Fence 305 414.8290 pickets all painted white.
Install Air Cooled Split AiC unit,instali stove exhaust,update electrical to
Ray Sanders
Senior Center Kitchen Renovations 05-295-4337 04/06117 04105118 169,393 accommodate kitchen equipment,relocate propane tank,install grease trap,ai <
all associated work.
Demo 3 Trailers Canal LLC 12/11117 02/28118 19,710 Demolish 3 trailers,load,haul and dispose of ak demolton trash and debris,
including capping off water,sewer,disconnect electric&permits
Packet Pg. 1916
SEA TECH, INC.
PRESENT and PAST PROJECT LIST
Client Name Owner's Contact Start End Contract Brief Summary of Project
Amount
Location Owner's Phone# Date Date
William Vazquez Repair&replace sub structure and pilings,retread deck with trex,construct al! in
St Augusk'ne Boardwalks 305.242-7793 04/13117 02128118 446,465 new rails, All must be ADA compliant
Monroe County BOCC Steven Sanders 02119118 02123118 3,325 Install approx 809f of acountical ceiling&repair approx 60 sf of drywall 0)
Key West Library Ceiling Repai 305-295.4338 ceiling IX
Provide labor,supervision,materials and eqt to replace 300 ton chillers, AHi CL
Monroe County BOCC Dan Bensley 07/27118 01/31/18 1,538,612 chilled water pumps,upgrade cooling towers,including all associated work,and
Stock Island Jail HVAC 305-292�468 upgrade the building automation system in two occupied buildings.
Gordon Rd Soffits Richard Sanders 11/08/17 12/07/17 10,085
Remove existing vinyl soffit,install painted 112"plywood with 1"x2"strips&
stainless steel framing nails. Caulk seams,instah 3"round vents every 24"
0
Sofftt Hardie Trim Rami Ramuk 10123/17 11/30/17 8,424 Replace approx 254LF of soffit with Hardie Panels
Library HVAC 51ah TEM Mechanical305-414-8290 10125117 11115/17 5,530 Construct a slab to hold HVAC equipment
Demo House Post Irma Tiki Beach LLC 1010107 10/31/17 11,640 Demo remaining house structure including concrete foundation to grade
0
Switlik Front Door Relocation Jeff Barrows 007117 07/31/17 8,390 Install GFE Exterior Door and construct a concrete ADA ramp
305-360-1424
Higgs Beach Yoga Platform William DeSantis 45116117 06130/17 g 974 Remove existing wood deck&replace with Pressure Treated 2x6 unsing
305-797-1250 stainless steel deck screws
Ray Sanders Convert a storage room to a new customer entry and ticket desk including
Key West Lighthouse Ticket Counter 305-295-4337 07/01116 C6130117 51.289 constuct a concrete slab,install electrical,data systems,lights,new door,new
ticket counters,and painting,
Marathon High School Concrete Slab Jeff Barrows 05/02/17 OVA 7 13,920 Construct 5 concrete slabs at two schools to hold A/C units.
305-360-1424
Provide all labor,material&equipment for selective demolition,was{framing&
Monroe County BOCC Ray Sanders 12/42116 02102117 59,651 drywai4,insulation,base boards,paint,ceramic Flooring,interior&exterior door
Fleet Maint Office Upgrades 305.295-4337 replacement,install window A/C units,remove&replace light fixtures,replace
roof and associated items.
CL
Provide all labor,material,equipment&supervision for site preparation includir
Monroe County eOCC Dave Tegreene 10114/16 11114116 38.915 relocating existing trees,placement of mobile temporary office trailer with water
Temp Office Cudjoe Key 305.292 4339 sewer,electrical hookups,data cables and ADA access ramps.
Provide all labor,material,equipment&supervision for site preparation includir
Monroe County d Sou Dave Tegree92.433ne 10/14115 11/14/16 42,775 relocating existing trees,placement of mobile temporary office trailer with water.
Temp Office Card Sound 305-292.4339 sewer,electrical hookups,data cables and ADA access ramps,
Provide all labor,supervision,materials,supplies,eqt&tools to install erosion
Monroe County BOCC Cary Knight OG120116 10114/16 127,644 control devices.Cut reinforce bars Flush,pressure wash,saw cut grooves in
Little Torch Boat Ramp Repairs 305-292-4527 concrete ramp.Install cofferdam and repair all concrete spalling,seat concrete
cracks,replace boat dock deck planks,joists&cross bracing. Spread lime rod
0
0.
Monroe County BOCC Cary Knight Provide all labor,material,equipment&supervision for site preparation includir
Temp Office Long Key 3 Cary
Knight
ht 07/11/18 08/31/16 33,588 relocating existing trees,placement of mobile temporary office trailer with water, CL
sewer,electrical hookups,data cables and ADA access ramps.
US Navy Mary Thompson Survey&Design all spalis&cracks of airfield, Apply herbicide to required area
Slurry Seal Airfi6d Overruns 305-293-2504 08105115 08130/16 31.02M repair spalis&cracks,slurry seal existing asphal runway overruns,repaint
Key West,FL chevrons. All on operating air field.
Monroe County BOCC Dan Bensley Clean&Paint all exterior concrete surfaces,including trim,comices,porches
Harvey Gevt Bldg Paint 11/03/15 05/31/16 $89K ceiling,fire pump bldg,white ships ladders on roof,drive through gates&sign co
Key West,FL base.292-4468 base.Caulk&paint. Spalling repair,install new doors.
US Navy Ileana Wolski Design&Build to improve the functionality of the United Street Entry to include
Upgrades United St Gate 09/03/14 04/30/16 $531 K demolition,install new gates,fence,barricades,barriers,card reader,traffic
NAS Key West,FL controls,2359 controls,implementing ADA compliance,
Packet Pg. 1917
SEA TECH, INC.
PRESENT and PAST PROJECT LIST
Client Name Owner's Contact Start End Contract Brief Summary of Project
Amount
Location Owner's Phone# Date Date
Monroe County BOCC Provide all material,labor,supervision and equipment to repair screen porch, in
Bayshore Emergency Repairs Chris Rivera ore 12/04/15 $3K ADA railing,gutter&downspout,IT conduit cover,and touch up paint. All work
Stock Island,Key West,FL 305 292�523 performed in operating facility.
US Navy Provide material,labor,supervision and equipment to provide a complete&
Roof Repairs Mary Thompson 06/30115 11/27/15 $240K effective watertight roof system on entire facility. Install a roof access ladder,
CL
Dania Bch,FL repair repair&certify lightning protection system and reseal all windows.
US Navy Provide material,labor,supervision and equipment to remove and replace two
Replace Two AC Sytems heana Wolski 07/31115 11113/15 $62K AC systems at Youth Center. All work to be performed on weekends and/or
Key West,FL 305-293-2359 holidays.
CJ
NAVMWR Paul W.Stecker Design&Build a 112 mile long Jogging Trail using poured in place bonded
D!B Jogging Trail 901-874-6540 02/03115 09130115 $620K rubber,with concrete curbs and fitness stations.
NAS Sigsbee,Key West,FL
US Navy Provide material,labor,supervlsiion,and equipment to replace roof including 0)
Ileana Wolski demolition of existing shingles,felt,rain gutters,flashing&drip edging. Replac
Roof Replacement 305.293-2359 04/24115 09121115 $160K existing decking as necessary,and provide all new materials for the new shingl
Key West,FL roof ard components.
Monroe County 90CC Provide material,labor,supervision and equipment to remove and replace
Ann Riger
Freeman Justice CV,Replace Tile 03/13115 05/13115 $7K damaged granite tiles at Freeman Justice Center. The Center was operational rc
Key West,FL 305-292-4439 during the constructor. 0)
Sugarloaf Health Center Design/Build and provide all labor,material,supervision to upgrade bathroom t
Big Coppitt Key,FL
Augusto Vianna 02103/15 05/08/15 $23K ADA,build partitions,paint,install pocket doors,added a shower 9 sink,
plumbing for manicure chair,tile,ceiling fans,new lighting.
0
US Navy DesignlBuild concrete repairs to five magazine bldgs. All work was primed anc
Concrete Repairs Magazine Ileana Wolski 04/15/14 04/20115 $263K coated with a two-coat elastomeric coating system. Repair work included �_
NAS Key West,FL 305 293 2359 cracking and spalling and exposed rebar.
US Navy Ileana Wolski Provide all labor,material,supervision and equipment to saw cut and mill
Repair Arresting Gear,Runway? 01/16/15 03/31115 $54K
NAS Boca Chico,Key West,FL 305-293-2359 asphalt on both sides of the arresting gear at the approach end of Runway.
CL
Y '%
U5 Navy Ileana Wolski Provide labor,materials,supervision and equipment for removal of existing
Replace Security Fence 305-293-2359 09102/14 03/23115 $180K fencing,gates and replace with new PVC coated fence at various locations
NAS Key West,FL
US Navy
Renovate space for VA Physical Therapy area to increase capacity,Work
Ileana Wolski includes demolishing walls and ceilings,relocating horns&strobes,installing
Alterations to VA PT Bldg 305-293-2359 08129/14 03/07115 $131K new drop ceiling,installing add'I outlets,storefront doors,relocate sink,new
NAS Key West,FL
privacy curtains and any other work to provide a usable facility
US Navy DesignlBuild to add 225 sf masonry storage room to match existing building. e
A-4082 TCTS Bldg Addition Ileana Wolski 08120/14 03/06/15 $145K Includes concrete work,masonry walls, roof,doors,stucco finish,painting,
NAS Key West,FL 305 293 2359 HVAC,electrical,site work.
US Navy Remove&replace rotted exterior wood trim and siding,replace wood sheathin
0.
Sigsbee Exterior Siding Ileana Wolski 09/03/14 01/11115 $134K flashing and vapor bamer on exposed walls with new. Install new siding and
NAS Key West,FL composite 293-2359 composite panelhrim,caulk and paint exterior of the building CL
Monroe County BOCC
Higgs Beach Stucco William DeSantis 11113/14 12l12114 $10K Provide material,equipment and labor to complete stucco repairs at two
pavilions located at Higgs Beach.
Key West,FL
US Navy Ileana Wolski Provide all labor,material,supervision and equipment necessary to replace
Gutters&Ladder 305-293-2359 07103114 11114114 $114K gutters,downspouts,and fixed caged ladders on existing building E
NAS Key West,FL
US Navy Design&Build to increase the classroom size,modify restrooms and add an
Ileana Wolski exterior concrete slab&electrical connections.included demolition,site work,
Classroom&Bathroom Enlargement 305-293-2359 09/18/13 11/05/14 $371 K concrete,fence,electrical,plumbing,HVAC,fire protection,metal framing,
NAS/Coy West FL drywall,paint,ACT,Ceramic file,VCT tile,bathroom partitions&accessories.
Packet Pg. 1918
SEA TECH, INC.
PRESENT and PAST PROJECT LIST
Client Name Owner's Contact Start End Contract Brief Summary of Project
Amount
Location Owners Phone 0 Date Date
US Navy Provide all labor,material,supervision and equipment necessary to remove y
Replace Security Fence Ileana 4Yolski 04/11/14 10/04/14 S179K existing security fencing,gates and replace all with new PVC coated security
NAS Key West,FL 305 293 2359 fencing. All gates were grounded.
Monroe County BCCC Provide all labor,material,supervision and equipment necessary to remove
Bill Grant
Hazmat Storage Sheds 305 664 2949 04/16/14 09119/14 $203K existing canopy sheds with new metal canopy sheds in two locations.
Cudjoe Key&Long Key,FL Contractor had to obtain permit from county for the work. CIL
US Coast Guard Padorovide ai!labor,material,supervision and equipment necessary to replace
Replace Fuel Lines Pedro T-708 07/03114 08/19/14 512K metal fuel piping system Includes draining&disposing of residual fuel in lank:
NAS KeyWest,FL 305-015-7088 and pipes,provide new eo flex piping system.
P�P P 9 P P 9 Y
Monroe County BCCC Ann Riger Provide all labor,material,supervision and equipment necessary to demo and
Bayshore Emergency Repairs 03/19/14 06/29/14 $158K replace screen porches,repairs to electrical,plumbing,mechanical,suspender
Stock Island,Key West,FL 305-292 4439 ceiling,fire suppression,termite treatments,painting,floor sealant,permits.
US Navy Provide all labor,materials,supervision and equipment required to replace 21
Replace Doors JIATF dean Wolski 08107/13 06104114 $273K doors that comply with SCIF requirements. Includes demo existing doors,
NAS KeyWest FL 305-293.2359
, patching and repairs to areas,specialty lock systems,electrical.
Monroe County BCCC Ann Riger Provide all labor,material,supervision and equipment necessary to demo
Bayshore Emergency Repairs 305-292-0439 01124114 02/24114 $17K existing failed bean structure,restore existing ceiling height to original,install
Stock Island,Key West,FL new ACT ceiling tiles,relocated IT,alarms,light fixtures,HVAC grills.
US Navy Provide labor,materials,supervision and equipment to implement energy
Lighting Replacement Ileana Wolski 06/21/13 02/16/14 $285K conservation improvements to buildings in two Iocafions Includes replacing all
NAS West Palm&Hialeah,FL 305 293 2359 exit ligh6nglsignage with LED,upgrades and cleaning to fluorescent lighting.
U
Monroe County BCCC Demo,Repair and upgrade two resfrooms to ADA standards. Selective Demo,
Bayshore Restroom Repairs Ann Roger 11/03114 021021t4 $26K Tile Floors& walls,new dura rock,add ADA accessones,upgrade plumbing ar
Stack Island,Key West,FL 305 292-0439 electrical.
Provide labor,materials,supervision and equipment to provide renovations to
DOD operational facility. Includes removal and installation of concrete pads, CIL
JCESE Bldg HVAC Upgrade NA 04111112 01124/14 $933K underground piping,and trees. Demo and replace chillers and chilled water
Miami,FL system. Demo and replace air handlers,ductwork,controls,fire alarm system,
and selective architectural elements needed for the upgrades.
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2019 / 2020
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2020
RECEIPT# 30140-23837 �
Business Name: SEA TECH OF THE FLORIDA KEYS INC
CL
Owner Name: ROBIN SZMANSKY, RYON LACHAPELLE Business Location: MO CTY
Mailing Address: QUALIFER SUMMERLAND KEY, FL 33042
PO BOX 420529 Business Phone: 305-872-0888
SUMMERLAND KEY, FL 33042 Business Type: CONTRACTOR(GENERAL& BUILDING
CONTRACTOR)
U
Employees 10
STATE LICENSE: CBC1259331
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
25.00 0.00 25.00 0.00 0.00 0.00 25.00
Paid 000-18-00030713 09/04/2019 25 .00 `
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC,Tax Collector THIS IS ONLY A TAX. U
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
CL
.E
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2020 Ch
RECEIPT# 30140-23837 0.
Business Name: SEA TECH OF THE FLORIDA KEYS INC MO CTY
Business Location: SUMMERLANDKEY, FL 33042 CL
Owner Name: ROBIN SZMANSKY, RYON LACHAPELLE
Mailing Address: QUALIFER Business Phone: 305-872-0888
PO BOX 420529 Business Type: CONTRACTOR (GENERAL& BUILDING
SUMMERLAND KEY, FL 33042 CONTRACTOR) G)
C
Employees 10 0)
STATE LICENSE: CBC1259331
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
25.00 0.00 25.00 0.00 0,00 W 0.00 25.00
Paid 000-18-00030713 09/04/2019 25 .00
Packet Pg. 1921
SEATS-1 I D.3.b
' ► CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
02/2812020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIC
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE'
BELOW. THIS CERTIFICATE OF INSURANCE. DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,GUbject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement s.
PRODUCER --_ 305-741-7373 NGQNTACFAME: a oCca o...ran
Keys Anchor Insurance Agency PHONEtT5 74fi7 $44-2i0 7923
Rebecca Horan LAIC,No,Ext _—-- --- (AIC,No)-
PO BOX 420308T�ss:
Summerland Key,FL 33042
Rebecca Horan INSURER(S)AFFORDING COVERAGE NAIC N
INSURER A.Kinsale"Insurance CO
INSURED ........ INSURER13,Continental Casualty Company ....—.. - O
SeaTech of the FI Keys Inc — —
131 Palomino Horse Trail INSURER C;
Big Pine Key,FL 33043 INSURER D:_ ..._....._ .........__ _............. .. -___......_ _. _ ._...._.__.
INSURER E: t8
__............ -- -..
INSURER F:
COVERAGES CERTIFICATE NUMBER,. REVISION NUMBER: �
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERICI
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
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. U
MR TYPE OF INSURANCE... .... .. ---_.,_ADDL BU® ..,-...... POLICY NUMBER ...�__.-PO ICY-FFF.. `"PL6l CY"E}TP'_,-.. .,.._._.........._._...,_......�..,.._
LTR INsD YNVD' (MM1 DIYYYY) (NAM1D07YYYYI LIMITS
A X. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S + W
_�.---- _._ ...._ .�.....
100,1
CLAIMS-MADE 7 OC�UR X X 01000816180 0310112020 03/0112021 PREMISES(Ea occurrenca) $
MED EXP(Any one For man) $ e
PERSONAL S ADV INJURY S 1,000,{
GC.-.7+T AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE -S 2,000,(
PRO.......... J
POLICY'I'I EC7 ECT LIX' PRODUCTS COMPIOPACG ..._,..2,000,{
S
OTHER-
AUTOMOBILE LIABILITY
ANY AUTO BODILY INJURY(Par porson) ^� '
UWNLU SI;HtUULtU .-- --.--.._..._ ........__ _...............
AUTOS ONLY AUTOS BODILY INJURY(Par accident)
HIR�O NON OWNED E F�UP 121�Y U'AVA:(;^L __ __,.._,.. ..._..__......_ ..__..._..._
AUTCiS ONLY AUTOS ONI..Y (Pa aceidoit)
UMBRELLA LIAR OCCUR -. _-..EROH OCCURRENCE
EXCESS UAB -. CLAIMS MADE AGGRI=GATE
,. ... __...__
DER f2E'TE.N'TIC)N$ S
B WORKERS COMPENSATION STAI"UTC f 1 12
AND EMPLOYERS'LIABILITY YIN _ __—__— ___._
46=885792-01-07 0310112020 0310112021', EL EACH ACCIDENT 1,000,( tJ
NIA
Meatery In NH) _ E.L.DISEASE-FA EMPLOYEE 5 1,000,{
d dBscr7be under L-
UUL�A,NII'i IUN Ur UI'tI<11I IUNb DGIO^W E L.DISEASE•POLICY LIMIT ;� 1,000,{
tm
0
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DESCRITTION OF OTERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarke Schedule,may be attached if more space Is required)
License#CTC-1259331
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IIN
ACCORDANCE WITH THE POLICY PROVISIONS,
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AUTHORIZED REPRESENTATIVE ¢
Rebecca) Horan
ACOR.t7 25(2016/03) - Q 1988.2016 ACORD CORPORATION.,All rights reserved.
The ACORD name and logo are registered marks of ACORD
Packet Pg. 1922
D.3.b
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Minority Owned Business Declaration
Sea Tech of the Florida Keys Ing.sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project
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(Check one) U
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is a minority business enterprise, as defined in Section 288.703, Florida Statutes
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is not a minority Business enterprise, as defined in Section 288.703, Florida Statutes.
F.S. 288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see
below)which is organized to engage in commercial transactions,which is domiciled in Florida, and which is at least
51-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnie, or )
gender makeup or national origin, which has been subjected historically to disparate treatment due to identification `
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and
whose management and daily operations are controlled by such persons. A minority business enterprise may E
primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is
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the result of a transfer from a nonminority person to a minority person within a related immediate family group if
the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this
subsection,the term"related immediate family group"means one of more children under 16 years of age and a
parent ofsuch children or the spouse of such parent residing in the same house or living unit.
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that,together with its affiliates, has a net worth of not more than $5 CL
million or any firm based in this state which has a Small Business Administration 8(a)certification. As applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments.
Contractor may refer efer to F.S. 288.703 for more information. e
Co t €� Bat 5ub-Reel lent: Monroe County e
Signature 1 Signature
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Print Name: Robin Szmansky Printed Name:
Title: President Title/OMB Department: Ch
Verified via: 0.
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Address: 131 Palomino Horse Trail DEM Contract: Z0002
City/State/Zip Big Pine Key FI, 33043
Date: 06-16-20 FEMA Project Number:
INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 304
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D.3.b
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions CL
(1) The prospective contractor of the Recipient, Sea Tech 0the Florida Keys Inc. certifies, by submission
of this document. that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any o
Federal department or agency. U
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(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
Sea Tech of the Florida Keys Inc.
Signature Recipient's Name
Name and Title Division Contract Number
Robin Szmansky, President
Street Address FEMA Project Number w
131 Palomino Horse Trail
City, State, Zip CL
Big Pine Key FI. 33043
Date 06-16-20
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End of Section 001300.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 304
Packet Pg. 1924
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