Item D1 D.1
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County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: D.1
Agenda Item Summary #7924
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Thomas Henry (305) 292-4523
N/A
AGENDA ITEM WORDING: Approval to award and execute a contract with SeaTech of the
Florida Keys, Inc. in the amount of $105,125.00 for the repair of the Veterans Memorial Park
restroom building which was damaged during Hurricane Irma.
ITEM BACKGROUND:
Veterans Memorial Park sustained damage during hurricane Irma, which damaged the restroom
building and rendered it inoperable.
An RFP was advertised in DemandStar on 1/15/2021 and bids were due on 2/24/2021. On the due
date, the County Purchasing Department opened proposals to the above referenced project. Queen
Conch Construction Company actually had the lowest bid, but their bid was withdrawn. SeaTech of
the Florida Keys Inc. is deemed"the lowest, conforming responsible, responsive Proposer", with a
bid of$105,125.00.
This project will repair the restroom as per FEMA Damage Description & Dimension report:
Damage 68388, Event 4337DR-FL, Damage 27711, with a grant from FEMA.
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:
Initial Contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Veterans RR Bid Tabulation 02.42.21
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SeaTech Proposal Veterans RR_02.24.21
Intent to Award Veterans Restroom_04.13.21 JDX
Contract- Veterans Memorial Park Restroom SeaTech(4-12-21) Signed
FINANCIAL IMPACT:
Effective Date: 4/21/2021
Expiration Date: 120 days after Notice to Proceed
Total Dollar Value of Contract: $105,125.00
Total Cost to County: $5,256.25
Current Year Portion: $105,125.00
Budgeted: Yes
Source of Funds: 125-0459110-IRPG6506
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: 90% FEMA/Federal, 5% State and 5% County
Insurance Required: Yes
Additional Details:
125-0459110-IRPG6506
03/17/21 125-0459110 - HURRICANE IRMA $105,125.00
IRPG6506
REVIEWED BY:
Cary Knight Completed 05/03/2021 4:10 PM
Kevin Wilson Completed 05/03/2021 4:18 PM
Joseph DiNovo Completed 05/03/2021 4:35 PM
Purchasing Completed 05/03/2021 4:47 PM
Budget and Finance Completed 05/04/2021 7:43 AM
Maria Slavik Completed 05/04/2021 8:32 AM
Liz Yongue Completed 05/04/2021 11:07 AM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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SECTION 00120 0
PROPOSALFORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
0
PROPOSAL FROM: Sea Tech of the Florida Keys Inc.
131 Palomino Horse Trail vi
Big Pine Key, FL 33043
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
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VETERANS MEMORIAL PARK RESTROOM
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, o
mechanics, superintendents, tools, material, equipment, transportation services, and all
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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
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.
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One Hundred Five Thousand, One Hundred Twenty-five and No/1 00--------------------Dollars. CL
(Total Base Proposal- words)
$ 105,125.00 Dollars. ..
(Total Base Proposal — numbers)
PROPOSAL FORM 00120- Page 26 of 306
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1 acknowledge Alternates as follows: N/A
Unit prices, if any, are as follows: N/A
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I acknowledge receipt of Addenda No.(s)
No. 1 Dated 2-3-2021
No. 2 Dated 2-5-2021
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No. 3 Dated 2-9-2021
No. Dated
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PROPOSAL FORM 00120- Page 27 of 306
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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 001 ):
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1. Proposal Form V
. Proposal Security (Bid Bond) V
3. Non-Collusion Affidavit V
4. Lobbying and Conflict of Interest Clause V
5. Drug-Free Workplace Form V
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6. Public Entity Crime Statement V
. Vender Certification Regarding Scrutinized Companies Lists V
8. Subcontractor List Form V
. Proposer's Insurance and Indemnification Statement V
10. Insurance Agents Statement (signed by agent) V
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11. Answered Required Questions
12. Provided three ( ) Customer References and three ( ) Credit References V
Provided three O years of Financial Statements in separate email marked
13. "CONFIDENTIAL" V =
14. Certified copy of Valid Florida Contractor's License V
15. Current Monroe County Occupational License V
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16. Minority Owned Business Declaration V
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17. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion V
Business
Name: Sea Tech of the Florida Keys Inc.
Business
EIN# 65-0126213
Business Mailing cv
Address: 11 Palomino Horse Trail Address: N
city,
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State, Zip Big Pine Key, FL 33043 City,State,Zip
Phone: 305- 72-088 Local Phone:
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 ri r to f request for bid or proposal.
Date: -16- 01
SignedCL
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Printed: Robin Szmansky
President
Titl �
Witness: .`
PROPOSAL FORM 001 -Page 28 of 306
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BID (PROPOSAL) BOND c
Sea Tech of the Florida Keys, Inc.
KNOW ALL MEN BY THESE PRESENTS, that we 131 Palomino Horse Trail Ch
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
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Morristown, NJ 07960 (n
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws�f the tate� c De e ais Rret� hereinafter called
onroe oun y n y omm ssioners
the Surety, are held and firmly bound unto 500 Whitehead Street
(Here inse� ufltname and address or legal title of Owner)
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as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid---------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.
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WHEREAS, the Principal has submitted a bid for veterans Memorial Park Restroom Repairs, Key West, Florida
(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
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
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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 amount76
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for which the Obligee may in good faith contract with another party to perform the Work covered >
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. 4,•�'g,PO •., j
(Witness... m r 89
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United St%#s ire Insurance Company '1111 110"
(SuretyN (Seal)
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(Witness) Olga IglesiasCL
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( Itle) C arles J. Nielson,Atty.-In-Fact JIM I
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PROPOSAL FORM 00120-Page 29 of 306
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POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL,OFFICE-MORRISTOWN,NEW JERSEY
00927402021 m
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KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has
made,constituted and appointed,and does hereby make,constitute and appoint:
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Ian A.Nipper,David Russell Hoover,Joseph Peniehet Nielson,
Charles David Nielson,Charles Jackson Nielson,Shawn Alan Burton,Jarrett Merlucci N
each,its true and lawful Attomey(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver:Any and all bonds
and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to
the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal m
office,in amounts or penalties not exceeding:Seven Million,Five Hundred Thousand Dollars(S7,500,000). CL
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This Power of Attomey limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United States Fire Insurance
Company except in the manner and to the extent therein stated.
This Power of Attomey revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2022. >
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This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,and consistent with Article III
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thereof,which Articles provide,in pertinent part:
Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any Vice-President, N
any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: 0)
(a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verity and deliver any contracts,obligations, instruments and documents
whatsoever in connection with its business including,without limiting the foregoing,any bonds,guarantees,undertakings,recognizances,powers of attorney or _
revocations of any powers of attorney,stipulations,policies of insurance,deeds,leases,mortgages,releases,satisfactions and agency agreements;
(b) to appoint, in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the
Corporation.
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Article 111,Officers,Section 3.11,Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,guarantees,undertakings, F®
recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed,
facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors,dividend warrants or checks,or other numerous
instruments similar to one another in form,may be signed by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officers
of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the
purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact
that he may have ceased to be such at the time when such instruments shall be issued. O
IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto c
affixed this 22"'day of August 2019.
UNITED STATES FIRE INSURANCE COMPANY
01s)
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Anthony R.Slimowicz,President
State of Pennsylvania }
County of Philadelphia} N
On this 22"day of August 2019,before me,a Notary public of the State of Pennsylvania,came the above named officer of United States Fire Insurance Company, N
to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of CD
United States Fire Insurance Company thereto by the authority of his office.
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Commonwealth of Pennsylvania—Notary Seal r.,Tamara
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Tamara Watkins,Notary Public
Philadelphia County Tamara Watkins (Notary Public) >
My commission expires August 22,2023
Commission number 1348843 try
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I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the
foregoing is a full,true and correct copy is still in force and effect and has not been revoked. CL
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IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the16 day of Feb. 20 U
21
UNITED STATES FIRE INSURANCE COMPANY m
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Al Wright,Senior Vice President
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SECTION 0010
NON-COLLUSION AFFIDAVIT
1 Robin Szmansky of the city Big Pine Key
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am President
of the firm of Sea Tech of the Florida Keys Inc.
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
Veterans Memorial Park Restrooms Repairs
and that I executed the said proposal with full authority to do so;
. 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
. 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
y the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
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
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5. The statements contained in this affidavit are true and correct, and made with full
kno s I pri' >
-16- 01 0.
0.
(Signature of Pr poser) (Date) .�
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STATEOF: Florida ni
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COUNTY : Monroe
Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or 0 online 2
notarization, on 0 -16- 01 (date)
b Robin Szmansky (name of affint). He/She is personally y
known to m or has produced c0.
p Known (type of identification} s
id io@@cky L.Deutsch
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NOTARY PUBLIC
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STATE OF FLORIDA �
Com►n#GCg6276a "NOTAR PUBLIC
1 Expires /26/2
(SEAL) My commission expires: 02/26/202
PROPOSAL FORM 001 - Page 30 of 306
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
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SWORN STATEMENT UNDER ORDINANCE NO. 010-19 y
MONROE COUNTY, FLORID CL
ETHICS CLAUSE v,
66 Sea Tech of the Florida Keys Inc. r'
(Company)
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warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer oremployee in violation of Section 2 of Ordinance No. 01 -1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 01 -190. 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, 0
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date: 0 -1 -2021
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TT Florida W
COUNTY F: Monroe
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Subscribed and sworn to (or affirmed) before me, by means of BYphysical presence or 0 online
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notarization, on 0 -16- 01 (date)
b Robin Szmans y (name of affiant). He/She is personally 2
known to me or has produced Known (type of identification) asy
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identification. I
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Becky L.Do~ CL
,VNOTARYPUBLIC
STATE OF FLCRIL?ATAR F SLIC
Comm*GG962754
S iCe 2/2 P 024 commission expires: -1 - 1
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P OPAL FORM 0010-Page 31 of 306
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DRUG-FREE WORKPLACE FORM
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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
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations. vi
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).
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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 contenders 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
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
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6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of
this section. o
As the person authorized to sign the statement, I certify th t�this firm complies fully with the above
requirements_
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Propo er'sgnature
02-16-2021 N
Date
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or❑ online y
notarization, on 02-16-2021 (date) by Robin Szmansky (name of affiant). 0.
He/She is personally known to me or has produced Vnown (type of Identification) CLi
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as ti TARY PUBLIC
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NOTARY PUBLIC
(SEAL •� Expires 2/26/2024 My commission expires: 02-16-2021
PROPOSAL FORM 00120- Page 32 of 306
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PUBLIC ENTITY CRIME STATEMENT
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"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
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
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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. °3
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(Signature) a
Date: 02-16-2021 =
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STATE OF: Florida
COUNTY OF: Monroe
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Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online
notarization, on 02-16-2021 (date)
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by Robin Szmansky (name of affiant). He/She is personally
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known to me or has produced Known (type of identification) as
identification.
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NOTARY PUBLIC
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(SEAL) My commission expires: 02-16-2021 CL
1Becky L.Deutsch
NOTARY PUBLIC
STATE OF FLORIDA
i Commit GG962754
E te1`b Expires 2/26/2024
PROPOSAL FORM 00120- Page 33 of 306
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VENDOR CERTIFICATION REGARDINGSCRUTINIZED I LISTS
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Project Description(s): Veterans Memorial Park Restrooms Repairs
s Inc.
Sea Tech of the Florida Keys Respondent Vendor Name: _ _Y
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Vendor FEIN: 65-012621
Vendor's Authorized Representative Name and Title:_ of Szmansky, President
Address: 11 Palomino Horse Trail
City: Sig Pine Key State: Florida i 3303
Phone Number 305-872-0888 Email Address:—robins@seatech.cc
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Section 27.13 , 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 m
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 27.1 , Florida
Statutes, also prohibits a company from bidding o , 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. 21 . 7 , Florida Statutes, or is engaged in business operations i
Cuba or Syria.
s the person authorized to sin on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent VendorName" 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, 0
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 0.
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
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in n!
business operations in Cuba or Syria. `V
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Certified y: Robin Szmansky who is authorized
to sign on behalf of the abo fer nY--
Authorized Signature: .-
Print Name: Robin Szmansky0.
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Title: President CL
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Note: The List are available at the following Department of Management Services Site:
hAp.1/wy0L,dms.myL
orida.com/business oerations/state rerhsin /vendor ir�fprmation/convicted sus
ended dise�riminato g9MPiaints vendor lists
PROPOSALFORM1 - Page 34 of 306
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VETERANS MEMORIAL PARK RESTROOM REPAIRS
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SUBCONTRACTOR LISTING FORM v,
Phone#w/
Division Subcontractor area code Address CL
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15 3rd Generation Plumbing 305-743-4245 3980 Overseas Hwy, Marathon, FL
16 Florida Keys Electric 305-296-4028 5730 2nd Ave., Key West, FL
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PROPOSAL FORM 00120-Page 35 of 306
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SECTION 00130 0
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors
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 v;
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
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in 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
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
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, i
either:
• Certificate of Insurance or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified complete copy of any or all 0.
insurance policies with all endorsements, amendments, exclusions and notice of changes to the
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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 306
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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 o
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.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies y
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
approved by Monroe County Risk Management.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 306
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
VETERANS MEMORIAL PARK RESTROOM 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 a
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:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits a
$1,000,000 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.
U
If the Contractor has been approved by the Florida's Department of Labor, as an authorized o
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 306
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GENERAL LIABILITY
INSURANCE REQUIREMENTS o
FOR
VETERANS MEMORIAL PARK RESTROOM REPAIRS a
BETWEEN
MONROE COUNTY, FLORIDA
AND
Sea Tech of the Florida Keys Inc.
0
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations o
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit
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0
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
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on `V
all policies issued to satisfy the above requirements.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 306
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BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS o
FOR
VETERANS MEMORIAL PARK RESTROOM REPAIRS a
BETWEEN
MONROE COUNTY, FLORIDA
AND
Sea Tech of the Florida Keys Inc.
0
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:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person 2
$1,000,000 per Occurrence
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$100,000 Property Damage
0
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 306
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PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS o
0
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,000 Bodily Injury by Disease, 2
each employee
General Liability, including $1,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability a
Personal Injury Liability
Business Automobile Liability $1,000,000 Combined Single Limit
(Owned, non-owned, and hired vehicles) o
If split limits are preferred:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
Builder's Risk: Not Required o
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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. The Contractor
shall provide a certified copy of the recorded payment and/or performance bond to the Owner
pursuant to Fla. Stat. Sec. 255.05.
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Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and i
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 proceedings relating to any type of injury 2
(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 0.
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 invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per occurrence pursuant E
INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 306
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E
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 o
2
this Agreement, this section will survive the expiration of the term of this Agreement or any y
earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
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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.
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.
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FDEIVI 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
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. 2
0
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) o
Agency's sovereign immunity.
2
PROPOSER'S STATEMENT
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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.
r �
/
Sea Tech of the Florida Keys Inc. _ b
Y 1�
PROPOSER Signature y
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INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 306
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INSURANCE AGENT'S STATEMENT
0
2
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
General Liability $5000.00
Workers Compensation None
0
Liability policies are X Occurrence Claims Made
Keys Anchor Insurance Agency
Insurance Agency Signa ure
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 306
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l £ yr
E
OF THE FLORIDA KEYS
LICENSED BUILDING CONTRACTORS
VETERANS MEMORIAL PARK RESTROOM REPAIRS
Prime Bidders's Qualifications Additional Information
19. 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 contracted? Yes
• Sea Tech contracted with the Army COE at Patrick AFB, Florida. After the
contract was more than 50% complete, the Surety on the payment and
performance bonds went bankrupt. Sea Tech's new surety would not
provide replacement bonds without documentation from Army COE. The
Army COE would not provide the documentation. The Army COE
terminated the contract for default due to lack of bonds.
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, or
general partners Yes
• Space Coast General Contractors, Inc. v. Sea Tech of the Florida Keys, Inc.,
Case No.: 05-2012-CA-064831 in Brevard County, Florida. Settled via
mediation 111412019
76
• National Fire Protection Inc v Sea Tech of the Florida Keys Inc., Case No:
CACE15002243, Dismissed in Broward County, Florida. Settled via
mediation 12120116.
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• Inclan Painting& Waterproofing Inc v Sea Tech of the Florida Keys Inc, Case
No: 2018-035403-CA-01, Dismissed in Miami-Dade County, settled
12121118
c. Has the person, within the last 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? Yes, see b above y
0
0.
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d. Has the person ever initiated litigation against the County or been sued by the CL
I
County in connection with a contract to provide services, goods or construction
services? No
e. Whether, within the last five (5) years, an officer, general partner, controlling
shareholder or major creditor of person was an officer, general partner,
PO Box 420529, Summerland Key,FL 33042
Phone: (305)872-0888 Fax: (305)872-8898
Packet Pg.877
D.1.b
controlling 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. No
2
f. Customer References
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Name Address Phone
MCBCC/Steve Sanders 500 White St, Key West, FL 33040 305-295-4338
NAVFAC/Ileana Wolski PO Box 9018 Key West, FL 33040 305-293-2359
City of Key West/Karen Olson 201 William St, Key West, FL 33040 305-809-3803
0
g. Credit References
vi
Name Address Phone
Overseas Lumber Supply Inc 30251 O/S Hwy, Big Pine Key, FL 33043 305-872-3787
Strunk Ace Hardware 1101 Eaton St.,, Key West, FL, 33040 305-296-9091
Manley DeBoer 1109 Eaton St., Key West, FL 33040 305-294-5900
h. Financial statements for the prior three years (In separate email)
0
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Packet Pg.878
SEA TECH, INC.
PRESENT and PAST PROJECT LIST ; D.1.b
Client Name Owner's Contact Start End Contract Brief Summary of Project
Location Owner's Phone# Date Date Amount
_77—nish material,equipment,labor,&supervision to design and construct a ne
Monroe County BOCC Steven Sanders CBS 3 bedroom,2 bath home with all interior and exterior finishes including !=
Big Pine Sheriffs House 305-295-4338
10/21/20 11/20/21 747,125 permits. Includes demolition of existing structure,concrete columns,masonry
walls,metal roof,room partitions,drywall,insulation,flooring,doors,windows,
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Peraton Lori Dreger Furnish material,equipment,labor&supervision to replace the above ground
Fuel Tank Replacement 703-668-3431 12/29/20 08/31/21 244,965 fuel storage tank including permits.
Peraton Lori Dreger Furnish material,equipment,labor&supervision to replace the battery storagE
Corrosive Room Door Replacement 703-668-3431 12/29/20 03/31/21 31,067 rooms lintel roof re airs wall re airs and hun door re lacement.
urnis ma eria s,equipmen,pe orm e a or an supervisionCL
necessary to
City of Key West Karen Olson complete the removal of the double doors and install new Commercial Storefrc
Ferry Terminal Extra Door 305-809-3803 01/08/21 03/31/21 15,633 aluminum Impact Double Doors,color TBD,9/16"Low-E laminated Impact
Glass full-view,ADA threshold,door closers,multi point keyed locks,standard
Monroe County BOCC Dan Bensley 01/15/21 01/19/21 1,400 Furnish materials,equipment,perform the labor and supervision necessary to
MCDC Window Repair 305-292-4468 repair s alled concrete at the window of one ail cell.
City of Key West Karen Olson 11/17/20 12/22/20 22517 Furnish material,equipment&perform the labor and supervision necessary to
Ferry ,
Terminal Countertops 305-809-3803 remove&replace countertops,sinks and faucets in an operational building.
Monroe County BOCC Steven Sanders 10/01/20 11/23/20 35,315 Furnish material,equipment&perform the labor and supervision necessary to
Cud oe KeyCanopies 305-295-4338 install cano ies er lans to meet wind loads. Includes utters and ermits W
urnis ma eria s,equipmen,perform the labor and supervision necessary to
City of Key West Karen Olson complete the removal of the double doors and install new Commercial Storefrc
Ferry Terminal Entrance Door Karen Olson
10/20/20 11/06/20 14,865 aluminum Impact Double Doors,color TBD,9/16"Low-E laminated Impact _
Glass full-view,ADA threshold,door closers,multi point keyed locks,standard
Furnish material,equipment,labor&supervision to remove&replace the
Monroe County BOCC Steven Sanders 10/12/20 11/04/20 111,525 existing metal shingle roof. The building is an historic site. Included asbestos U
Historic Jail Roof Replace 305-295-4338
abatement and all permits.
Park Village HOA Wade Meyer 10/21/20 10/28/20 9,645 Furnish material,equipment&perform the labor and supervision necessary to M
7th Ave Pavilion Repairs 305-432-6373 reset the Pavilion roof on 6x6 posts anchored to the concrete slab.
Furnish material,equipment&perform the labor and supervision necessary to
Monroe County BOCC Steven Sanders 09/14/20 10/26/20 48,235 remove&dispose of existing handrail. Fabricate&install approximately 220
Higgs Beach Handrail 305-295-4338 linear feet of FDOT Type 1 and approx 30 linear feet of FDOT Type 3
Demo existing stairs,ramp,porch decking,porch tile,handrails,&guardrails a
City of Key West Karen Olson 04/01/20 10/17/20 510,715 replace with new. New gutter,windows,doors,new interior layout,lighting,
KWHS William St Restroom 305-809-3803 plumbing,,doors,partitions,accessories&finishes. Includes permitting, CJ
Monroe County BOCC Steven Sanders Furnish material,equipment&perform the labor and supervision necessary to
Card Sound Canopy08/24/20 09/30/20 28,595
305-295-4338 install canopies per plans to meet wind loads. Includes gutters and permits �
Monroe County BOCC Steven Sanders Furnish material,equipment&perform the labor and supervision necessary to
Lon KeyCanopies 305-295-4338 06/12/20 09/22/20 28,135 install canopies per plans to meet wind loads. Includes gutters and permits 0.
State of Florida,DEP James Post Design,permit and construct four crossover ramp/steps for access to beach
Bahia Honda Crossovers 305-853-3571 12/01/19 06/30/20 143,285 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 foundation
05/20/19 06/12/20 443,855 cmu walls,trusses,door,windows,electric,lightning protection for a 216sf IN
Everglades Booth/Amphitheatre 305-242-7793 building with asphalt driveway. Add outdoor lights,benches,and outdoor
I
State of Florida,DEP James Post 10/17/18 06/01/20 943,115 Provide all permits,labor,material,equipment and supervision for the site worl
Bahia Honda Restrooms 305-853-3571 foundations and installation coordination of the public bathhouse and restroon y
Monroe County BOCC Steven Sanders 04/11/19 05/31/20 49,925 Provide permits,labor,materials and supervision to install a new sustainable
HarryHarris Kiosk 305-295-4338 kiosk sign includin rainwater ca ture solar electric metal roof and site work.
rove e perms s, a or,ma eria s supervision o de exis ing stair,ramp,
Key West Historic Seaport Karen Olson porch roof,exterior lighting fixtures. Relocate existing light pole. Remove
Margaret St.Restroom 305-809-3803 02/12/19 05/15/20 314,519 existing slab,plumbing fixtures,lighting fixtures,finishes and some interior wall y
Add new ramp,stair,porch roof,minor landscaping,doors,lighting,new floor
Peraton Inc Chermerre Wells 07/16/19 01/31/20 147,259 Furnish labor,material and equipment to upgrade electrical systems,fix cmu
BlimpSite Blockhouse Repairs 757-594-1625 walls and paint CL
Monroe County BOCC Steven Sanders 08/27/19 10/30/19 39,230 Move two old trailers from one location to another. Construct new entry—steps
Relocate 2 Trailers 305-295-4338 and ramps in new location.
Monroe County BOCC Steven Sanders Furnish material,labor and equipment to patch approximately 8 SF of concretE h®
09/09/19 09/09/19 4,215 cB
Patch Elevator Ceiling305-295-4338 s allin located at the ceilin of the elevator shaft W
rove e perms s, a or an ma eria o ins a rywa ,insulation an pain in a
Monroe County BOCC Matthew Howard walls and ceilings where it was removed,remove all floor finishes and wall bas
MCSO Headqtrs Irma Repairs 305-850-8123 04/04/19 08/18/19 507,902 install an HTC Super floor Polish System for the floor on 1st&2nd floor, Instal
new rubber base on 1st&2nd floors. Furnish&install casework,cabinets,
Monroe County BOCC Cary Knight 06/22/19 07/22/19 51525 Provide permits,labor,materials&supervision to install a concrete pad,play
,
Bernstein Park Fitness Ct 305-292-4527 surface fitness courtwith all assoc.
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page 1 of 4
SEA TECH, INC.
PRESENT and PAST PROJECT LIST ; D.1.1b
Client Name Owner's Contact Start End ContractAmount Brief Summary of Project
Location Owner's Phone# Date Date
FKAA Jolynn Reynolds 06/03/19 06/30/19 10,175 Provide&install post shores to select areas of building. E
FKAA Hd trs Office 305-296-2454
Monroe County BOCC Rob Tudor Provide permits,labor,materials&supervision to reinstall drywall,insulation, W
01/11/19 06/10/19 130,520 and paint in all walls and ceilings where it was removed,replace all crown W
FJC Finish&Wall Repairs 305-292-4416 moldina,base board door moldincis and benches to match existincl wood.
State of Florida, Donald Bergeron U4
Bahia Honda Tem Toilets 305-872-3897 01/18/19 04/30/19 28,570 Provide labor&materials to install temporary utilities in two locationsIX
Monroe County BOCC Cary Knight Furnish material,labor&equipment to paint and install customer supplied doo
Install 3 Doors 305-292-4527 04/03/19 04/30/19 4,935 in existing frames.
Monroe County BOCC Steven Sanders 04/10/19 04/10/19 5,745 Provide permits,labor&materials to install new awning and gutters and repair CL
Ruth Ivin Ctr Repairs 305-295-4338 downspout
State of Florida,DEP Mark Hodges 06/04/18 03/18/19 56,315 Provide structural repairs to ranger residence to include permitting,install post
Dan Park Ranger Repairs 772-380-6938 shores concrete re airs sandblasting,repair structural steel paint&clean u
onstruct a single Stall, compliant unisex res room inducing connection ti
Key West Historic Seaport Karen Olson 12/07/18 03/13/19 83,371 existing utilities,demolition of concrete slab,removal&modification of
Schooner Wharf Bathroom 305-809-3803 breakaway panels,build a CBS structure with foundation,plumbing,bath
accessories.li htin door frame&hardware ventilation er construction Ian
urnis ma eria s a or per e rawings specs ica ions o prove e se ec ivE
Monroe County BOCC Steven Sanders 09/07/18 03/01/19 118,825 replacement of drywall,vinyl baseboard,cabinets,ceiling tile,exterior light
Marathon Annex Drywall 305-295-4338 fixtures,flooring,fencing,canopy cover,flag pole,gutter&downspouts,metal W
awn s doors outlets.
FKAA Jolynn Reynolds Provide&install post shores to select areas of building,repair beam concrete,
FKAA Hd trs Office 305-296-2454 09/20/18 03/01/19 40,928 concrete spalling repair per plans&specs
W
Monroe County BOCC Cary Knight 02/18/19 02/19/19 7,675 Provide permits,labor&materials to repair wall cracks with mortar
West Martello Wall Repair 305-292-4527
Provide permits,labor&materials to install and finish approx 2268 sf drywall,
Monroe County BOCC Matthew Howard 11/07/18 01/29/19 48,855 replace metal tracking approx 120 If,RFP panels approx 172 sf,insulation W
Sheriff Hangar Marathon 305-850-8123 200sf,new exterior door,kitchen cabinets,countertops,sink and faucet in an
occupied buildin
Monroe County BOCC Steven Sanders Provide all labor&materials to install drywall&insulation in all walls&ceilings W
Old Courthouse Drywall 305-295-4338 09/20/18 10/31/18 21,715 where it was removed in various spaces
Monroe County BOCC Steven Sanders 09/20/18 10/31/18 14,975 Provide all labor&materials to install drywall&insulation in all walls&ceilings
Gato BldgDrywall 305-295-4338 where it was removed in various spaces
Peraton Inc Chermerre Wells Provide&install new gate and fencing per drawings and specifications includir
08/23/18 10/22/18 67,604 W
BlimpSite Gates 757-594-1625 electrical work trenching
Monroe County School Board Michael Skrodinsky Demo concrete slab,install new sidewalk with landing to include,forms,
BigPine School Sidewalks 305-293-1400 08/06/18 08/31/18 27,351 compacted fill
National Park Service William Vazquez Repair and resurface the oceanside boardwalk from damage caused by
Repair Boardwalk from Hurricane Irma 305-242-7793 05/30/18 08/11/18 116,530 Hurricane Irma. Demo damaged areas,install thru flow and stair treads to
approx 250 If.
Monroe County School Board
TRIMS Locker Spalling Michael Skrodinsky 06/22/18 07/22/18 4,398 Provide selective spalling repair to TRIMS football locker room. 0.
305-293-1400 .
Monroe County School District Jeff Barrows 07/01/16 06/30/18 214,795 Provide all engineering,labor&materials to strip,waterproof,and repaint two
Paint Marathon Schools 305-360-1424 school bld s.to include removal of stucco grooves,clean all caulked oints. r
National Park Service William Vazquez Provide all labor,supervision,material,tools,equipment,supplies,transportati Repair Pavement from Hurricane Irma 305-242-7793 06/20/18 06/28/18 60,480 and incidental to pave the North&South Parking Lots and pave a spur road
from east lot to the head of the nature trail CD
Monroe County BOCC Johnnie Young Provide&Install new drywall where old drywall was removed,cut to fit&instal IX I
Big Pine Key Library Repairs 305-292-4429 04/18/18 06/13/18 34,724 new steel framing studs where old materials have rotted,provide all trim,
wainscotinci to match existinciy
Anna Bercaw
FBI 202-324-2666 09/27/14 05/31/18 $464K Design&Build office spaces to include,selective demolition,new walls,new
Istanbul,Turkey doors,flooring,ceiling,paint,upgrade electric,HVAC,new office furniture. W
Monroe County School Board W
Michael Skrodinsky
Post Pockets/Sidewalk Repairs 05/11/18 05/31/18 29,216 Fill fence post pockets and repair sidewalks at two Key West schools.
305-293-1400
W
Provide&install exterior repairs,selective demo,install new Hardie siding,pas0.
Mr.&Mrs.Gordon Robert Sheehan 02/26/18 05/15/18 97,861 interior repairs to include insulation,drywall,baseboards,ceiling,paining,
Gordon Rd House Repairs floorin new exterior deck and stairs with landina,plus all permits CL
Monroe County BOCC TEM Mechanical Provide&install wood picket fence with 6x6 posts,2x4 framing and 1x4 picket =I
Key West Library Fence 305-414-8290 04/10/18 04/16/18 7,750 all painted white. W
Install Air Cooled Split A/C unit,Install stove exhaust,update electrical to
Ray SandersSenior Center Kitchen Renovations 05-95-4337 04/06/17 04/05/18 169,393 accommodate kitchen equipment,relocate propane tank,install grease trap,ai 0)
all associated work.
St Augustine Boardwalks William Vazquez 04/13/17 02/28/18 446,465 Repair&replace sub structure and pilings,retread deck with trex,construct all
305-242-7793 new rails. All must be ADA compliant W
Demo 3 Trailers Canal LLC 12/11/17 02/28/18 19,710 Demolish 3 trailers,load,haul and dispose of all demolition trash and debris,
includingcapping off water,sewer,disconnect electric&permits W
Monroe County BOCC Steven Sanders
Ke West Library Ceiling Repair 305-295-4338 02/19/18 02/23/18 3,325 Install approx 80sf of acoustical ceiling&repair approx 60 sf of drywall ceiling
Packet Pg.880
page 2 of 4
SEA TECH, INC.
PRESENT and PAST PROJECT LIST ; D.1.1b
Client Name Owner's Contact Start End ContractAmount Brief Summary of Project
Location Owner's Phone# Date Date
Provide labor,supervision,materials and eqt to replace 300 ton chillers, AHU'
Stock Island Jail HVAC
C AC 305-292-4468
Monroe County B Dan Bensley 07/27/16 01/31/18 1,538,612 chilled water pumps,upgrade cooling towers,including all associated work,an !=
upgrade the buildinq 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 1/2"plywood with 1"x2"strips&
stainless steel framing nails. Caulk seams install 3"round vents ever 24"
Soffit Hardie Trim Rami Razouk 10/23/17 11/30/17 8,424 Replace approx 254LF of soffit with Hardie Panels y
Library HVAC Slab TEM Mechanical 10/25/17 11/15/17 5,530 Construct a slab to hold HVAC equipment
305-414-8290
Demo House Post Irma Tiki Beach LLC 10/01/17 10/31/17 11,640 Demo remaining house structure including concrete foundation to grade
CL
Switlik Front Door Relocation Jeff Barrows 07/07/17 07/31/17 8,380 Install GFE Exterior Door and construct a concrete ADA ramp ut
305-360-1424
Ray Sanders Convert a storage room to a new customer entry and ticket desk including
Key West Lighthouse Ticket Counter 305-295-4337 07/01/16 06/30/17 51,289 construct a concrete slab,install electrical,data systems,lights,new door,new
ticket convert and paintinci
Higgs Beach Yoga Platform William DeSantis 05/16/17 06/30/17 8,970 Remove existing wood deck&replace with Pressure Treated 2x6 using
305-797-1250 stainless steel deck screws
Marathon High School Concrete Slab Jeff Barrows 305-360-1424 05/02/17 06/01/17 13,920 Construct 5 concrete slabs at two schools to hold A/C units.
rove e all labor,material equipment or selective demolition,wall framing vi
Monroe County BOCC Ray Sanders drywall,insulation,base boards,paint,ceramic flooring,interior&exterior door
Fleet Maint Office Upgrades 305-295-4337 12/02/16 02/02/17 59,651 replacement,install window A/C units,remove&replace light fixtures,replace
roof and associated items.
Monroe County BOCC Dave Tegreene Provide all labor,material,equipment&supervision for site preparation includi _
Temp Office Card Sound 305-292-4339 10/14/16 11/14/16 42,775 relocating existing trees,placement of mobile temporary office trailer with wate
sewer,electrical hookups,data cables and ADA access ramps.
Provide all labor,material,equipment&supervision for site preparation includi
Monroe County BOCC Dave Tegreene 10/14/16 11/14/16 38,915 relocating existing trees,placement of mobile temporary office trailer with wate u
Temp Office Cudjoe Key 305-292-4339 sewer,electrical hooku s data cables and ADA access ram s. W
rove e a a or,supervision,ma er a s,supp ies,eq oo s o ins aI erosion
Monroe County BOCC Cary Knight control devices.Cut reinforce bars flush,pressure wash,saw cut grooves in )
Little Torch Boat Ramp Repairs 305-292-4527 06/20/16 10/14/16 127,644 concrete ramp.Install cofferdam and repair all concrete spalling,seal concrete
replace boat dock deck planks, oists&cross bracin . Spread lime roc '®
Monroe County BOCC Cary Knight Provide all labor,material,equipment&supervision for site preparation includi
Temp Office Long Key 305-292-4527
07/11/16 08/31/16 33,588 relocating existing trees,placement of mobile temporary office trailer with wate
sewer,electrical hookups,data cables and ADA access ramps.
US Navy Survey&Design all spalls&cracks of airfield. Apply herbicide to required
Slurry Seal Airfield Overruns Mary Thompson 305-293-2504 08/05/15 08/30/16 $1.02M areas,repair spalls&cracks,slurry seal existing asphalt runway overruns,
Key West FL re aint chevrons. All on operatinci airfield.
Monroe County BOCC Clean&Paint all exterior concrete surfaces,including trim,cornices,porches
Dan Bensley
Harvey Govt Bldg Paint 305-292-4468 11/03/15 05/31/16 $89K ceiling,fire pump bldg.,white ships ladders on roof,drive through gates&sign >
Key West FL I base.Caulk&paint. Spallinci repair,install new doors.
US Navy Design&Build to improve the functionality of the United Street Entry to includE 0.
Upgrades United St Gate Ileana Wolski 09/03/14 04/30/16 $531 K demolition,install new gates,fence,barricades,barriers,card reader,traffic 0.
NAS Key West FL 305-293-2359 controls implementinci ADA compliance.
Monroe County BOCC Provide all material,labor,supervision and equipment to repair screen porch, r
Bayshore Emergency Repairs Chris Rivera 11/23/15 12/04/15 $3K ADA railing,gutter&downspout,IT conduit cover,and touch up paint. All wort
Stock Island KeyWest FL 305-292-4523 erformed in operatinci facility.
US Navy Provide material,labor,supervision and equipment to provide a complete&
Roof Repairs Mary Thompson 06/30/15 11/27/15 $240K effective watertight roof system on entire facility. Install a roof access ladder, CD I
305-293-2504
Dania Bch FL re air&certify liahtninci protection system and reseal all windows. IX
US Navy Provide material,labor,supervision and equipment to remove and replace two
Ileana Wolski y
Replace Two AC Systems 305-293-2359 07/31/15 11/13/15 $62K AC systems at Youth Center. All work to be performed on weekends and/or
Key West FL holida s.
NAVMWR Paul W.Stecker Design&Build a 1/2 mile long Jogging Trail using poured in place bonded W
D/B Jogging Trail 901-874-6540 02/03/15 09/30/15 $620K rubber,with concrete curbs and fitness stations.
NAS Si sbee Key West FL
US Navy Provide material,labor,supervision,and equipment to replace roof including cp
Roof Replacement Ileana Wolski 04/24/15 09/21/15 $160K demolition of existing shingles,felt,rain gutters,flashing&drip edging. Replac 0.
305-293-2359 existing decking as necessary,and provide all new materials for the new shing
Key West,FLroof and components.
Monroe County BOCC Ann Riger Provide material,labor,supervision and equipment to remove and replace
Freeman Justice Ctr,Replace Tile 305-292-4439 03/13/15 05/13/15 $7K damaged granite tiles at Freeman Justice Center. The Center was operationa
Key West FL durinci the construction. h®
Design/Build and provide all labor,material,supervision to upgrade bathroom
Sugarloaf Health Center Big Coppitt Key,FL Augusto Vianna 02/03/15 05/08/15 $23K ADA,build partitions,paint,install pocket doors,added a shower&sink,
plumbinci for manicure chair,the ceilinci fans new liahtina.
US Navy Design/Build concrete repairs to five magazine bldgs. All work was primed an( 0)
Concrete Repairs Magazine Ileana Wolski 04/15/14 04/20/15 $283K coated with a two-coat elastomeric coating system. Repair work included
NAS KeyWest FL 305-293-2359 crackinci and spallinci and exposed rebar.
US Navy Ileana Wolski Provide all labor,material,supervision and equipment to saw cut and mill
Repair Arresting Gear,Runway 7 305-293-2359 01/16/15 03/31/15 $54K asphalt on both sides of the arresting gear at the approach end of Runway.
NAS Boca Chica Key West FL
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page 3 of 4
SEA TECH, INC.
PRESENT and PAST PROJECT LIST ; D.1.1b
Client Name Owner's Contact Start End ContractAmount Brief Summary of Project
Location Owner's Phone# Date Date
US Navy Ileana Wolski Provide labor,materials,supervision and equipment for removal of existing L-
NAS KeyWest FL
Replace Security Fence 305-293-2359 09/02/14 03/23/15 $180K fencing,gates and replace with new PVC coated fence at various locations
US Na Renovate space for VA Physical Therapy area to increase capacity.Work
W Ileana Wolski includes demolishing walls and ceilings,relocating horns&strobes,installing
Alterations to VA PT Bldg 305-293-2359 08/29/14 03/07/15 $131 K new drop ceiling,installing add'I outlets,storefront doors,relocate sink,new Ch
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NAS Key West,FL Drivacy curtains and any other work to provide a usable facility
US Navy Design/Build to add 225 sf masonry storage room to match existing building.
A-4082 TCTS Bldg Addition Ileana Wolski 08/28/14 03/06/15 $145K Includes concrete work,masonry walls, roof,doors,stucco finish,painting,
305-293-2359CL
NAS Key West FL HVAC electrical site work.
US Navy Remove&replace rotted exterior wood trim and siding,replace wood sheathir
Sigsbee Exterior Siding Ileana Wolski 09/03/14 01/11/15 $134K flashing and vapor barrier on exposed walls with new. Install new siding and
NAS Ke West FL 305-293-2359 compositepanel/trim,caulk and paint exterior of the building
Monroe County BOCC
Higgs Beach Stucco William DeSantis 11/13/14 12/12/14 $10K Provide material,equipment and labor to complete stucco repairs at two >
Ke West FL pavilions located at Higgs Beach.
US Navy
Gutters&Ladder Ileana Wolski Provide all labor,material,supervision and equipment necessary to replace
NAS KeyWest FL
Gutters 305-293-2359 07/03/14 11/14/14 $114K gutters,downspouts,and fixed caged ladders on existing building.
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 Key West,FL
drywall Da nt ACT Ceram c t le VCT t le bathroom part t ons&accessor es a)
US Navy Provide all labor,material,supervision and equipment necessary to remove
Ileana Wolski
Replace Security Fence 305-293-2359 04/11/14 10/04/14 $179K existing security fencing,gates and replace all with new PVC coated security
NAS KeyWest FL fencin . All ciates were arounded.
Monroe County BOCC Provide all labor,material,supervision and equipment necessary to remove
Bill Grant
Hazmat Storage Sheds 04/16/14 09/19/14 $203K existing canopy sheds with new metal canopy sheds in two locations.
305-664-2949
Cud oe Key&Lona Key,FL Contractor had to obtain permit from county for the work.
US Coast Guard Pedro Tirado Provide all labor,material,supervision and equipment necessary to replace
Replace Fuel Lines 07/03/14 08/19/14 $12K metal fuel piping system. Includes draining&disposing of residual fuel in tank
NAS Ke West FL and and es rovide new aeo flex pipinci system.
Monroe County BOCC Provide all labor,material,supervision and equipment necessary to demo and
Ann Riger
Bayshore Emergency Repairs 305-292-4439 03/19/14 06/29/14 $158K replace screen porches,repairs to electrical,plumbing,mechanical,suspende(
Stock Island Key West FL ceilina,fire suppression,termite treatments,paintina,floor sealantpermits.
US Navy Provide all labor,materials,supervision and equipment required to replace 21
Replace Doors JIATF Ileana Wolski 305-293-2359 08/07/13 06/04/14 $273K doors that comply with SCIF requirements. Includes demo existing doors,
NAS Key West FL patchinci and repairs to areas specialty lock systems,electrical.
Monroe County BOCC Ann Riger Provide all labor,material,supervision and equipment necessary to demo
Bayshore Emergency Repairs 01/24/14 02/24/14 $17K existing failed bean structure,restore existing ceiling height to original,install >
Stock Island KeyWest FL new new ACT ceilinci tiles relocated IT alarms li ht fixtures HVAC arills.
US Navy Provide labor,materials,supervision and equipment to implement energy 0.
Lighting Replacement Ileana Wolski 06/21/13 02/16/14 $285K conservation improvements to buildings in two locations.Includes replacing all 0.
NAS West Palm&Hialeah FL 305-293-2359 exit liahtinci/sicinacie with LED uparades and cleanincl to fluorescent li htin .
Monroe County BOCC Demo,Repair and upgrade two restrooms to ADA standards. Selective Demo r
Bayshore Restroom Repairs Ann Riger 11/03/14 02/02/14 $26K Tile floors& walls,new Jura rock,add ADA accessories,upgrade plumbing ai
Stock Island Key West FL electrical.
rove e labor,materials,supervision and equipment o provide renovations to cv
DOD operational facility. Includes removal and installation of concrete pads, CD I
JCESE Bldg HVAC Upgrade NA 04/11/12 01/24/14 $933K underground piping,and trees. Demo and replace chillers and chilled water IX
Miami,FL system. Demo and replace air handlers,ductwork,controls,fire alarm system, y
and selectye arch tectural elements needed for the uparades
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2020 / 2021
MONROE COUNTY BUSINESS TAX RECEIPT E
EXPIRES SEPTEMBER 30, 2021
2
RECEIPT# 30140-23837
Business Name: SEA TECH OF THE FLORIDA KEYS INC
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Owner Name: ROBIN SZMANSKY, RYON LACHAPELLE Business Location: MO CTY
SUMMERLAND KEY, FL 33042
Mailing Address: QUALIFER
PO BOX 420529 Business Phone: 305-872-0888
SUMMERLAND KEY, FL 33042 Business Type: CONTRACTOR (GENERAL&BUILDING
CONTRACTOR)
0
Employees 10
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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 a)
0
Paid 000-19-00036254 09/14/2020 25 . 00
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC,Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING o
AND ZONING REQUIREMENTS.
2
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I
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2021 _
RECEIPT# 30140-23837
Business Name: SEA TECH OF THE FLORIDA KEYS INC (n
MO CTY0.
Business Location: SUMMERLAND KEY, FL 33042
Owner Name: ROBIN SZMANSKY, RYON LACHAPELLE CL
Mailing Address: QUALIFER Business Phone: 305-872-0888 I
PO BOX 420529 Business Type: CONTRACTOR (GENERAL&BUILDING
SUMMERLAND KEY, FL 33042 CONTRACTOR)
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 000-19-00036254 09/14/2020 25 . 00
Packet Pg.884
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= r
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inoritV Owned Business Declaration
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Sea Tech of the Florida KeYS Inc. a sub-contractor engaged by Monroe County during the completion
of"work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703,Florida Statutes
vi
or
is not a minority business enterprise, as defined in Section 2 .73,Florida Statutes.
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F.S.28 .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,ethnic,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
primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is
e result of a transfer from a nonminority person to a minority person within a related immediate family group i
e combined total net asset value of all members of such family group exceeds$1 million.For purposes of this U
subsection,the to "related immediate family group"means one or more children under 16 years of age and a
parent of such 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 operated business concern at employs 200 or o
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5
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 to F.S. 288.703 for more information.
Co r•ctorch the Florida Keys, Inc. —Sub-Recipient. Monroe County n!
Signature Signature
Print Name: Robin Smansky Printed e:
Title: president Title/OMB Department:
Verified via:
0
Address: 11 Palomino Horse Trail DEM Contract: Z0002 CLi
Clty/State/Zip @±g Pine Key FFL 33343
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Date: 02-16-2021 FEMA.Project lumber:
INSURANCE RIe UI TS AND FORMS 00 1 - Page 44 of 306
Packet Pg.885
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Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
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(1) The prospective contractor of the Recipient, Sea Tech ofthe Fforida 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
Federal department or agency.
0
4-
(2) Where the Recipient's contractor is unable to certify to the above statement,the prospective c
contractor shall attach an explanation to this form.
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CONTRACTOR:
Sea Tech of the Florida Keys Inc. m
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Signature j Recipient's Name
Robin Szmansky, President
Name and Title Division Contract Number
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131 Palomino Horse Trail E
Street Address FEMA Project Number
CJ
Big Pine Key, FL 33043
City, State,Zip
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Date 02-16-2021
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End of Section 00130
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 306
Packet Pg.886
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BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�/�
� Mayor Pro Tem Michelle Coldiron,District 2 �-
Coun*by 0f Monroe � F � Craig Cates,District 1 �
Ali ` David Rice,District 4
The Florida Keys
yf Sylvia J.Murphy,District 5 N
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Monroe County
Project Management Department
1100 Simonton Street,Rm. 216
Key West, Florida 33040 c
April 13, 2021
0
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Notice of Intent to Award
Request for Proposals for VETERANS MEMORIAL PARK RESTROOM REPAIRS
RFP-3 55-0-2021/la
2
To Whom It May Concern:
X
This letter will serve as notice of Monroe County's intent to award a contract at the May 19,2021 Board of County
Commissioner's Meeting to SeaTech of the Florida Keys,Inc.,which was the lowest responsive,responsible bidder N
to the Request for Proposals for the VETERANS MEMORIAL PARK RESTROOM REPIARS project. �r
Construction bids for the project were received by the Monroe County Purchasing Department on CD I
February 24,2021. E
0
Sincerely,
/QG12 �Eti�
I
Tom Henry
Project Manager
Project Management Department <(
0
Packet Pg.887
D.1.d
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Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 21st day of April 2021
BETWEEN the Owner: Monroe County Board of County Commissioners c
500 Whitehead Street
Key West, Florida 33040
0
And the Contractor: SeaTech of the Florida Keys Inc.
131 Palomino Horse Trail �--
Big Pine Key, FL 33043
For the following Project: VETERANS MEMORIAL PARK RESTROOM REPAIRS
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Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Documents and Specifications. The Contractor is required to provide a complete
job as contemplated by the documents and specifications, which are a part of this bid
package. The Contractor shall furnish all labor, supervision, materials, power, tools, a
equipment, supplies, permits, and any other means of construction necessary or proper
for performing and completing the repairs listed.
VETERANS MEMORIAL PARK RESTROOM REPAIRS
All repairs to be completed will be repaired like-for-like or like-kind to
specifications and conditions before Hurricane Irma. If the like-for-like repairs do
not meet current Monroe County building code, the repairs must be improved to
meet current County building code. Each item listed below is the captured visible 2
damage but, when necessary, repairs may need extended surface coverage to
make a uniform repair or replacement. Contractor must verify all measurements. ,
Electrical Panels:
1. Park Equipment, 2 each of Square D distribution board of an electricity supply c
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system that divides an electrical power feed into subsidiary circuits, 20 IN
long x 20 IN wide. Flood water surged from the coast and wore out its
Page 1 of 34
Packet Pg.888
D.1.d
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protective coating for outdoor use. Both the panel box and the sprinkler
control box will be replaced. The contractor shall replace the same number of
breakers and other items if any, of like kind, for the breaker box. The sprinkler
controller box shall include a sprinkler controller of like kind.
2. The contractor shall submit a Monroe County building permit application for
"RECONNECT/SAFETY ELECTICAL" with a Transmittal Form and proper
fee. If the restroom building fails the inspection, any additional electrical work
required will be processed/authorized via a project change order request from o
the contractor. Wiring distribution is not included in this contract.
LED:
1. Park Buildings, 3 each of LED Iuminaire for lighting interior of restrooms, 2 FT
long x 2 FT wide. Flood water surged from the coast and flooded restrooms.
Restrooms:
1. Park Equipment, 6 each of ceramic toilet. Flood water surged from the coast o
and flooded park restrooms.
2. Park Equipment, 3 each of electric hand dryer, 120 Volt. The hand dryers will
be commercial grade dryers appropriate for a public restroom that will pass
final inspection and meet current code. Flood water surged from the coast
and flooded restrooms. W
3. Park Equipment, 3 each of Koala Kare, a temporary horizontal working
surface for changing the diapers on an infant. Flood water surged from the
coast and flooded restrooms. 2
4. Park Equipment, 3 each of ceramic sinks. Wall mounted ceramic sinks-no
countertops. Flood water surged from the coast and flooded restrooms.
5. Park Equipment, 3 each of stainless steel handrails, 42 IN long. Flood water
surged from the coast and flooded restroom. --
6. Park Equipment, galvanized steel pipe and showerheads, 100 IN long x 0.5
IN in diameter. Floodwater surged from the coast and flooded water supply
pipes causing these to rust.
7. Park Equipment, 2 each of stainless steel water fountains, non-chilled, in
high/low configuration to be installed on the east exterior wall near the
shower and ADA ramp. They must meet current code, including one fountain
being ADA compliant. Flood water surged from the coast and flooded
fountain area.
8. Park Equipment, 1 each of ceramic urinal. Flood water surged from the coast
and flooded restrooms.
9. Park Buildings, 528 SF of asphalt shingles, 16 FT long x 33 FT wide. High-
speed winds blew some shingles off pitched roof. E
10. Park Buildings, 3 each of LED Iuminaire, 2 FT long x 2 FT wide. High-speed
winds blew off Iuminaire from where it was affixed.
11. Park Buildings, 1 each of aluminum handrail, 36 FT long x 3 FT high.
Floodwater surged from the coast and ripped handrail off its supports.
12. Park Buildings, 48 SF of vinyl soffit, 12 FT long x 4 FT wide. High-speed
winds, wind driven rain destroyed soffit.
13. Park Buildings, 3 each of painted metal Door, 36 IN long x 80 IN high.
Surface floodwaters and high winds damaged doors.
14. There is no general painting repair in the RFP Scope of Work other than
metal door painting, however, items that are specifically listed for repair in the
Page 2 of 34
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RFP Scope of Work will need to be returned to pre-storm, like-kind condition.
Items such as new fascia, for example, will need to be painted if the fascia
was painted pre-storm or remaining fascia is painted.
Water Supply:
1. Park Equipment, PVC Piping used for the provision of water by public utilities
to the park, 1,320 FT long x 1 IN in diameter. Rushing water currents In and
out of the shoreline unearthed the water supply pump and broke the piping. o
2. The successful bidder/contractor will need to confirm the meter location with
FKAA. If the restroom water supply line is within an FDOT Right-of-Way from
meter to restroom building, the contractor will work with FKAA, who will need
to apply for the utility permit as the Utility Agency Owner. The contractor will
coordinate with FKAA for utility permit processing, and any additional
plumbing work required will be processed/authorized via a project change
order from the contractor.
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Acquire all necessary permits, including any fees as a part of the bid. Contractor shall
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supply all of the needed materials and hardware to complete the project and properly
dispose of debris.
2
ARTICLE 1
The Contract Documents
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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 o
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.
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ARTICLE 2
The Work of this Contract o
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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
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3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
Page 3 of 34
Packet Pg.890
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The Contractor shall achieve Substantial Completion of the entire Work not later than
One Hundred Twenty (120) 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 contract or of specified phases of the contract shall be the calendar date or
dates listed in the milestone schedule.
a)
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. a
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
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The Contractor's recovery of damages 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, cv
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 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 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. The
Contractor may only seek a no cost Change Order for such reasonable time as the Owner's
Representative may determine.
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 Five Thousand One Hundred Twenty-
Five and 00/100 Dollars ($105,125.00), subject to additions and deductions as provided
in the Contract Documents.
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4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: N/A
v;
ARTICLE 5
Progress Payments
0
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. a
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, upon receipt of a proper invoice from the
Contractor, in accordance with the Florida Local Government Prompt Payment Act,
Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit 0
to the Owner invoices with supporting documentation that are acceptable to the Monroe
County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon
generally accepted accounting principles and such laws, rules and regulations as may
govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use
taxes. A copy of the tax exemption certificate will be provided by the Owner upon
request.
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.
0
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. a
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as 0
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of five percent (5%). 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 which results in a net decrease in the Contract Sum shall be the net
cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
change Request, as indicated in the corresponding line item in the Approved Schedule t.0
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
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change, the allowance for overhead and profit shall be figured on the basis of net
increase, if any, with respect to that change.
v;
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
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
0
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.
5.7 Retainage of five percent (5%) will be withheld in accordance with Section 218.735
(8)(a), Florida Statutes. o
ARTICLE 6
Final Payment
2
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner 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 C'
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
(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)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to: E
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
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F. Electronic copies of approved submittals.
v;
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).
a)
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department. c
ARTICLE 7
Miscellaneous Provisions
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.
0
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
contract is contingent upon an annual appropriation by the Board of County -
Commissioners. In the event that the County funds on which this Agreement is
dependent 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. --
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 bid, proposal, or reply on a
contract to supply any goods or services to a public entity, may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on
the convicted vendor list. E
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
five (5) years from the submission of the final expenditure report as per 2 CFR
§200.33, if applicable, whichever is greater. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
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of each other party to this Agreement for public records purposes during the term of
the Agreement and for seven (7) 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 by the Owner.
0
Right to Audit_
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 logs and supporting documentation; general ledger entries o
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 W
reasonable judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by 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, observing vendor and supplier --
payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees,
Subcontractors, suppliers, and contractors' representatives. All records shall be kept
for ten (10) years after Final Completion of the Project. 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
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.
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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 o
provisions of this Agreement would prevent the accomplishment of the original intent
of this Agreement. 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 o
shall be entitled to reasonable attorney's fees and court costs as an award against
U
the non-prevailing party and shall include attorney's fees and courts costs in
appellate proceedings.
2
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement W
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 C'
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 this agreement freely, voluntarily and with advice of counsel.
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. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
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 CL
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 E
law. This Agreement is not subject to arbitration. This provision does not negate or
waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
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
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
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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.
v;
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will
be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, 0
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 0
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 0
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
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) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101- 0
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 W
Public Health 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 Note), as may be amended C'
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, 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.
0
0
During the performance of this Agreement, the Contractor, in accordance with Equal
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, 0
¶ 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 0
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 0
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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.
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.
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
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 ca
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 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 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. 0
0
0
5. The Contractor will comply with all provisions of Executive Order 11246 of y
September 24, 1965, and of the rules, regulations, and relevant orders of the 0
Secretary of Labor.
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.
0
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 procedures authorized in Executive Order 11246 of September 0
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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 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 c
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, 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 such litigation to protect the interests of the United States. c
0
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. -
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.
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 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 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) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. 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 ca
paid to the former County officer or employee.
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o) 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 Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract o
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 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.
The Contractor is encouraged to consult with its advisors about Florida Public Records o
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:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(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 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
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 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 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 is compatible with the information technology
systems of the County.
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(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
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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 c
Contractor. A 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.
0
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@MONROECOUNTY-FL.GOV, U)
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH N
Street, SUITE 408, KEY WEST, FL 33040.
p) 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 c
a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, CL
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 c
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.
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
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
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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.
v;
s) 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
Contractor or any agent, officer, or employee of either shall have the authority to c
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
purposes contemplated in this Agreement.
t) 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. c
0
u) 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 W
personal liability or accountability by reason of the execution of this Agreement.
v) 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
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
w) 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 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 E
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 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 this Agreement, this section will survive the expiration of
the term of this Agreement or any earlier termination of this Agreement.
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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 0
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 0
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the 0
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.
0
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 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
and the (County) Agency's sovereign immunity.
x) 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.
0
0
y) 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 CL
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 0
take all necessary 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 2
Contractor and subcontractors shall not discriminate on the basis of race, color,
national origin, or sex in award and performance of contracts, entered pursuant to
this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Contractor, with the funds authorized by this Agreement,
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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 c
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 i)
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement
permits, which encourage participation by small and minority businesses, and
women's business enterprises;
(5) Using the services and assistance, as appropriate, of such c
organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontractors are to be let, to
take the affirmative steps listed in paragraph (1) through (5) of this section.
z) 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.
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. 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) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall CL
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or E
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all
new employees hired by the subcontractor during the Contract term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The Contractor
shall comply with and be subject to the provisions of Section 448.095, Florida
Statutes.
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cc) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
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oral or written, with reference to the subject matter hereof that are not merged herein
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.
dd) Florida Green Building Coalition Standards. Monroe County requires its buildings to 0
conform to Florida Green Building Coalition standards.
0
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
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 is deemed
received by Contractor when hand delivered by national courier with proof of delivery or
by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of
delivery. Notice shall be sent to the following persons: >
0
For Contractor:
SeaTech of the Florida Keys Inc.
131 Palomino Horse Trail
Big Pine Key, FL 33043 -
For Owner: Director of Project Management Assistant County Administrator, PW& E n'
cv
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
0
The Contractor and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as a
amended, including but not limited to:
7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). 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 y
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, 0
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to
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
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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 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, °3
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" 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 employed in the construction, completion, or repair of public
work, to give up any part of 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
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 y
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. �W01-3708). 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 c
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 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 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
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to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
v;
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
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the o
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.
7.8.4 Clean Air Act (42 U.S.C. W401-7671 q.) 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. §§7401-7671 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and
will report violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671 q.) 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
award exceeding $100,000 must file the required certification. Each tier certifies to the y
tier above that it will not and has not used Federal appropriated funds to pay any person
or 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.
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322. 2
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
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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.
7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment
as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or c
extend or renew a contract) to procure or obtain equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described
in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
0
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(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video >
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of
the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
7.8.9 Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY
and CONTRACTOR should, to the great extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). These requirements of this section must be included in all
subawards including contracts and purchase orders for work or products under federal
award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States. (2) "Manufactured products" means items and
construction materials composed in whole or in part of non-ferrous metals such as
aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
Other Federal and FEMA Requirements (as applicable) 2
7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR c
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
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pursuant thereto.
7.8.11 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
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, and other documents and sources of information related to the grant and
permit 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.
0
7.8.12 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland
Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency
officials without specific FEMA approval.
7.8.13 Changes 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 approved in writing by both the County and Contractor. --
7.8.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund the contract
only. The contractor will comply will all applicable federal law, regulations, o
executive orders, FEMA policies, procedures, and directives.
7.8.15 No Obligation by Federal Government. The Federal Government is not a party to
this contract and is not subject to any obligations or liabilities to the COUNTY/non-
Federal entity, contractor, or any other party pertaining to any matter resulting from
the contract. o
7.8.16 Program Fraud and False or Fraudulent Statements or Related Acts. The
contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the contractor's actions pertaining to this
contract.
7.8.17 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 ca
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to E
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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.
7.8.18 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- °3
Funded Sub-award and Grant Agreement between County and the Florida Division
of Emergency Management (Division) found at the following link on the Monroe
County web page: p ://www.mcnrceccunty®fi. ov/ demrantareement
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions. o
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8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, ru
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 Agreement for cause with Contractor should Contractor fail to perform the covenants
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 CL
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 o
Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
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 the County exceeds the funds remaining in the contract. The maximum
amount due to Contractor shall not exceed the spending cap in this Agreement. o
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
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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 0
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
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
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this _
Agreement, are enumerated as follows:
a) None
cv
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. 0
9.1.3 The Supplementary and other Conditions of the Contract: None.
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages CL
1 2/3/2021 1
2 2/5/2021 1 0
3 2/9/2021 2 0
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
0
BALANCE OF PAGE INTENTIONALLY LEFT BLANK 2
SIGNATURE PAGE TO FOLLOW
0
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Execution by the Contractor must be by a person with authority to bind the entity.
v;
SIGNATURE F THE PERSON EXECUTINGTHE DOCUMENT MUST BE NOTARIZED.
(SEAL.) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, L ID
0
By: By: a
As Deputy Clerk Mayor/Chairman
Date MO ROE COUNTY A-FrOANEY's QFMCE
,. APPROVED AS TO FORM
r
DATES
CONTRACTOR'S Witne seAttest: CONTRACTOR: e T ch of the Florida
Keys Inc.
Contractor must provide two witnesses
signatures Signature: 76
r ? 7 �
` Robi Szmansk 0
Signature: f J Print Name: Y
Print Name: Becky Deutsch Title: President
Date: 05/03/2021 Date: 05/03/2021
and
cv
f
,
Signature: -�
Print Name:
Date: 05/03/2021
c
STATE OF Florida COUNTY OF Monroe v,
On this 3rd day of May 201 , before me, the undersigned notary public,
by means of EX physical presence or ® online, personally appeared CL
Robin Szmansky (name of affiant) known to me to be the 76
person whose name is subscribed above or who produced as identification, and
acknowledged that he/she is the person who executed the above contract with Monroe County E
for VETERANS MEMORIAL PARK RESTROOMREPAIRS for the purposes therein contained.
Notary
1 BmGky L.peutsnh
Print Name Becky Deutsch Y NOTARY PUBLIC ,
S STATE OF FLORIDA
My commission expires: 9 t (Seal) Comm#GG962754
Expires 2/26/2024 e
End of Section 00500
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GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
v;
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
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 U)
Section 01520 Construction Aids n'
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Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions o
Section 01640 Product Handling
Section 01700 Contract Closeout a
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
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GENERAL REQUIREMENTS Page 26 of 34
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EXHIBIT A
Department of Labor Wage Determination
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"General Decision Number : FL20210022 01/22/2021
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Superseded General Decision Number : FL20200022
State : Florida
Construction Type : Building o
County: Monroe County in Florida .
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes or apartments up to and including 4 stories) .
Note : Under Executive Order (EO) 13658, an hourly minimum
wage of $10 . 95 for calendar year 2021 applies to all
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 . 95 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 2021 . If this
contract is covered by the EO and a classification
considered necessary for performance of work on the
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 o
set forth in 29 CFR 5 . 5 (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 0.
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not o
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 2
worker protections under the EO is available at
www . dol . gov/whd/govcontracts .
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Modification Number Publication Date
0 01/01/2021
1 01/22/2021
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ELEC0349-003 09/01/2020
Rates Fringes
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ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 36 . 36 11 . 82
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ENG10487-004 07/01/2013 a
Rates Fringes
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
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IRON0272-004 10/01/2020
Rates Fringes
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IRONWORKER, STRUCTURAL AND
REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34
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PAIN0365-004 08/01/2020
Rates Fringes o
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 83 y
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* SFFL0821-001 01/01/2021
Rates Fringes o
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 29 . 88 20 . 27
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SHEE0032-003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18
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SUFL2009-059 05/22/2009
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Rates Fringes
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CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07
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CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00
LABORER: Common or General . . . . . . $ 8 . 62 0 . 00
LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00
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OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 >
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00
OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00
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PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33
ROOFER: Built Up, )
Composition, Hot Tar and o
Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00
SHEET METAL WORKER, Excludes
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 0.
TRUCK DRIVER, Includes Dump o
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 .
Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave
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for Federal Contractors applies to all contracts subject to
the Davis-Bacon Act for which the contract is awarded (and
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any solicitation was issued) on or after January 1, 2017 .
If this contract is covered by the EO, the contractor must
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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 use paid sick leave o
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 needs, including
preventive care; or for reasons resulting 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) ) .
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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 o
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
(current union negotiated rate for local) , a survey rate CL
(weighted average rate) or a union average rate (weighted
union average rate) . o
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than ""SU"" or " "UAVG" " denotes that the union
classification and rate were prevailing for that
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 classification,
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which in this example would be Plumbers . 0198 indicates the
local union number or district council number where
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applicable, i . e . , Plumbers Local 0198 . The next number, 005
in the example, is an internal number used in processing
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the wage determination . 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is
July 1, 2014 . 0
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate .
Survey Rate Identifiers
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Classifications listed under the ""SU"" identifier indicate
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 classifications and rates are based. The next number,
007 in the example, is an internal number used in producing 0
the wage determination . 5/13/2014 indicates the survey 0
completion date for the classifications and rates under
that identifier . y
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
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Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate 2
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
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 0
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survey completion date for the classifications and rates
under that identifier .
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A UAVG rate will be updated once a year, usually in January
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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
1 . ) Has there been an initial decision in the matter? This
can be : o
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* 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
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On survey related matters, initial contact, including
requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey
was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, o
then the process described in 2 . ) and 3 . ) should be
followed.
With regard to any other matter not yet ripe for the formal 0.
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to : o
Branch of Construction Wage Determinations
Wage and Hour Division
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
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2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
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review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . S
Write to :
Wage and Hour Administrator
U . S . Department of Labor
200 Constitution Avenue, N.W. 0
Washington, DC 20210
The request should be accompanied by a full statement of
the interested party ' s position and by any information
(wage payment data, project description, area practice
material, etc . ) that the requestor considers relevant to
the issue . 0
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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.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are
final .
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END OF GENERAL DECISION"
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