Item F1 �s F.1
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-re Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
November 17, 2021
Agenda Item Number: F.1
Agenda Item Summary #9915
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Thomas Henry (305) 292-4523
N/A
AGENDA ITEM WORDING: Approval of a First Amendment to the Agreement with Sea Tech
of the Florida Keys, Inc. in the amount of $13,650.00 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, including damage to the restroom
building and utilities.
An RFP was advertised on 1/15/2021 with bids due on 2/24/2021. Sea Tech of the Florida Keys Inc.
is deemed"the lowest, conforming responsible, responsive Proposer", with a bid of$105,125.00 and
was awarded the contract on 5/19/21. Prior to writing and releasing the RFP, Project Management
was told that engineered drawings would not be required in order to obtain a building permit. Upon
application, Sea Tech was told by the Building Department that engineered drawings are required.
This First Amendment adds scope to include the procurement of engineered drawings by a licensed
engineer in order to obtain a building permit and increases the contract amount by $13,650.00 for
this additional scope of work. The total contract amount is now $118,775.00.
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.
5/19/21 —BOCC approved an Agreement w/ Sea Tech for the repairs to the Veterans Park Restroom.
CONTRACT/AGREEMENT CHANGES:
Add the services of a licensed engineer to provide repair drawings in order to satify the requirements
of the building department
STAFF RECOMMENDATION: Approval of First Amendment
Packet Pg.695
F.1
DOCUMENTATION:
Amend 1 to Agreement Sea Tech_Veterans Restroom_signed
Contract- Veterans Memorial Park Restroom SeaTech 5.19.21 Executed
FINANCIAL IMPACT:
Effective Date: 11/17/2021
Expiration Date: 120 days after Notice to Proceed
Total Dollar Value of Contract: $118,775.00
Total Cost to County: $5,938.75
Current Year Portion: $118,775.00
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: Original Agreement- $105,125.00; First Amendment - $13,650.00
Hurricane Tracking#58677
125-0459110-IRPG6506
11/17/21 125-0459110 - HURRICANE IRMA $13,650.00
IRPG6506
REVIEWED BY:
Cary Knight Completed 11/01/2021 9:01 AM
Kevin Wilson Completed 11/01/2021 9:19 PM
Joseph DiNovo Completed 11/02/2021 7:54 AM
Purchasing Completed 11/02/2021 9:55 AM
Budget and Finance Completed 11/02/2021 11:10 AM
Maria Slavik Completed 11/02/2021 11:44 AM
Liz Yongue Completed 11/02/2021 12:02 PM
Board of County Commissioners Pending 11/17/2021 9:00 AM
Packet Pg.696
F.1.a
FIRST AMENDMENT TO AGREEMENT BETWEEN
MONROE COUNTY AND SEA TECH OF THE FLORIDA KEYS, INC.
FOR THE VETERANS MEMORIAL PARK RESTROOM REPAIRS PROJECT
This First Amendment to the Agreement dated May 19,2021,between Monroe County,hereinafter u
referred to as "County", and Sea Tech of the Florida Keys, Inc., hereinafter referred to as
"Contractor" is made and entered into this 1711 day of November 2021, in order to amend the
Agreement as follows:
WITNESSETH
WHEREAS, the parties entered into an Agreement for the Veterans Memorial Park Restroom
Repairs("Agreement")for construction of the restroom building at Veterans Memorial Park which E
was damaged during Hurricane Irma; and 2
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WHEREAS, the project was originally bid out with no design documents with the expectation
that architectural and/or engineering design plans were not needed in order to obtain a building
permit; and e(
WHEREAS, the Contractor has applied for a building permit and the Monroe County Building .�
Department has stated that they require engineered drawings as part of the application.
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NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
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hereby agree as follows:
1. The Scope of Work is amended to add the following: Contractor shall engage the services
of a licensed Professional Engineer to provide Construction Drawings for the repairs of the 2
restroom building in order to obtain a Monroe County Building permit.
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2. Article 4, Section 4.1 is amended to read: The Owner shall pay the Contractor in current u
funds for the Contractor's performance of the Contract the Contract Sum of One Hundred
Eighteen Thousand Seven Hundred Seventy-Five and 00/100 Dollars ($118,775.00), v)i
subject to additions and deductions as provided in the Contract Documents.
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All other terms and conditions of the Agreement remain unchanged and in full force and effect. 2
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[Signature page follows] E
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F.1.a
IN t S WHEREOF.. each party caused this Amendment to be executed by its duly
authorized se t ti . Execution by the Contractor must be by a person withauthority.to bind
the entity,
(SEALI BOARD OF COUNTYCOMMISSIONERS
Attest: Kevin Madok, Clerk. OF MONROE COUNTY,FLORIDA
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Page 2 of
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Agreement y
Between Owner and Contractor
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Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the ^'St of ^~�" '^nth day of May 2021
BETWEEN the Owner: Monroe County Board of County Commissioners 0
500 Whitehead Street
Key West, Florida 33040
And the Contractor: SeaTech of the Florida Keys Inc.
131 Palomino Horse Trail W
Big Pine Key, FL 33043
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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
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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
damage but, when necessary, repairs may need extended surface coverage to
make a uniform repair or replacement. Contractor must verify all measurements.
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Electrical Panels:
1. Park Equipment, 2 each of Square D distribution board of an electricity supply
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
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protective coating for outdoor use. Both the panel box and the sprinkler CL
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 2
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
the contractor. Wiring distribution is not included in this contract. a
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.
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. LO
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 y
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. 2
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
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RFP Scope of Work will need to be returned to pre-storm, like-kind condition. CL
Items such as new fascia, for example, will need to be painted if the fasciaCh
was painted pre-storm or remaining fascia is painted. 2
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.
2. The successful bidder/contractor will need to confirm the meter location with a
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
supply all of the needed materials and hardware to complete the project and properly
dispose of debris.
ARTICLE 1
The Contract Documents
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The Contract Documents consist of this Agreement, Conditions of the Contract (General,
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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 2
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
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The Contractor shall achieve Substantial Completion of the entire Work not later than CL
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 2
work of the contract or of specified phases of the contract shall be the calendar date or
dates listed in the milestone schedule.
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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 a
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.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER E
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of 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 2
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 LU
foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm,
hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion,
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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 E
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. 2
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 CL
the Contract Documents and are hereby accepted by the Owner: N/A
ARTICLE 5
Progress Payments
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5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
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: 0
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
to the Owner invoices with supporting documentation that are acceptable to the Monroe 0
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.
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5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values
shall allocate the entire Contract Sum among the various portions of the Work and be
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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.
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5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
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
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 CL
increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and a
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
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ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the W
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
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 LO
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 y
(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.
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).
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H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department.
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.
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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, y
of the General Conditions. W
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. LO
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7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid, proposal, or reply on a
contract to supply any goods or services to a public entity, may not submit a bid, c
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proposal, or reply on a contract with a public entity for the construction or repair of a y
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
§200.337 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 CL
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 2
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.
Right to Audit. a
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. LU
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 LO
payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees, r
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 y
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. W
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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 2
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent a
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
the non-prevailing party and shall include attorney's fees and courts costs in
appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement 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, LU
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it
has had ample opportunity to submit this Contract to legal counsel of its choice and LO
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. y
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
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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 CL
shall be required to enter into any arbitration proceedings related to this Agreement.
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,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to a
nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
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, y
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
from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits LO
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 y
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 0.
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: 0
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion, or transfer, recruitment or ca
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 CL
employment, notices to be provided by the contracting officer setting forth theCh
provisions of this nondiscrimination clause. 2
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 0
applicant or another employee or applicant. This provision shall not apply to 2
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an v,
investigation conducted by the employer, or is consistent with the contractor's W
legal duty to furnish information.
4. The Contractor will send to each labor union or representative of workers with LU
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 LO
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
5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the a
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 0
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 2
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 CL
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, Ch
or order of the Secretary of Labor, or as otherwise provided by law. 2
8. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, 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
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 y
to perform and receive benefits as recited in this Agreement. W
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. LO
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 2
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
paid to the former County officer or employee.
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o) Public Records Compliance. Contractor must comply with Florida public records CL
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 2
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
upon violation of this provision by the Contractor. Failure of the Contractor to abide a
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: y
(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. LO
(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 E
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 2
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. 2
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the a
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 W
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH N
Street, SUITE 408, KEY WEST, FL 33040.
LO
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, CL
except to the extent permitted by the Florida constitution, state statute, and case law.
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
inform, counsel, or otherwise indicate that any particular individual or group of a
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 y
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.
LO
w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall r
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, y
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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CL
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 2
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. a
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.
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, y
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, W
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 LU
T-
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County) Agency's sovereign immunity. T'
LO
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 0
provision of this Agreement.
0
0
y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of y
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the 0
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 CL
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used 2
whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources; a
(3) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement °3
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. y
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 LU
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured.
LO
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 2
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, W
Page 17 of 34
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oral or written, with reference to the subject matter hereof that are not merged herein CL
Ch
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 2
it becomes effective.
dd) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this a
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 0
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:
For Contractor: y
SeaTech of the Florida Keys Inc.
131 Palomino Horse Trail
Big Pine Key, FL 33043
X
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040 LO
7.8 FEDERAL CONTRACT REQUIREMENTS 0
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
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 0
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 51 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,
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 c
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 LO
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all
of these contract clauses. a
(3) Breach. A breach of the contract clauses above may be c
grounds for termination of the contract, and for debarment as a
contractor and subcontractor as provided in 29 C.F.R. § 5.12.
7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. �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 2
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 CL
market, or contracts for transportation or transmission of intelligence.
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
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) o
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
LU
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 andLO
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. a
7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an o
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person a
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. a,
Such disclosures are forwarded from tier to tier up to the non-Federal award. y
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 2
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
Page 20 of 34
Packet Pg.718
waste management services in a manner that maximizes energy and resource recovery; CL
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
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 E
Corporation (or any subsidiary or affiliate of such entities). 2
0
(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 T'
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 y
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
Page 21 of 34
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pursuant thereto. CL
7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, 2
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. o
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. v,
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. LO
U
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,
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
Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
Page 22 of 34
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likewise utilize the U.S. Department of Homeland Security's E-Verify system to CL
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-
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: httII;�..s://www.ir"ioniroe.count ......f....I.I...... ................................................ ..........................a ...r................,,in"I ,nt
................. .......................................................................................................................................... . ..r..� . ...................................
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
0
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service,
the County shall have the right to terminate this Agreement after five (5) calendar days'
written notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
LU
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
LO
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 a
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.
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
Page 23 of 34
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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.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the E
Contractor/Consultant written notice and an opportunity to demonstrate the agency's 2
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), c
Florida Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
LU
a) None
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and LO
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract: None.
2
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
3 2/9/2021 2
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK 2
SIGNATURE PAGE TO FOLLOW
0
Page 24 of 34
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CL
Execution by the Contractor must be by a person with authority to bind the entity.
1� ® TORE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
BOARD OF COUNTY COMMISSIONERS
in Madok, Clerk OF MONROE COUNTY F
' s By;
AidDept
Clerk Mayor/Chairman
E
CONTRACTOR'S Witnesses__Attest: CONTRACTOR: SeaTech of the Florida
Keys Inc. o
Contractor must provide two witnesses
signatures Signature:
Signature: Print Name: Robi Sxmansk
Print Name: Becky Deutsch Title: President
Date: 05/03/2021 Date: 05/03/2021
x
and -
ll
k� LO
Signature:
Print Name:
Date: 05/03/2021 '
STATE OF Florida , COUNTY OF Monroe -n 7
On this 3rd day of May , 20 211 , before me, the undersigned notary public,
by means of ® physical presence or ❑ online, personally appeared
Robin Szmansky (name of affant) known to me to be the CL
person whose name is subscribed above or who produced as identification, and
76
acknowledged that he/she is the person who executed the above contract with Monroe County
for VETERANS MEMORIAL PARK RESTROOM REPAIRS for the purposes therein contained.
Notary Publi
g�cky L.DsuGr�+ �
Print Name Becky Deutsch NMARy PU9LIC
f r STATE OF FLORIDA
My commission expires: + 9 e, ` (Seal) Co m#GG962154
Expires 212612024
0
End of Section 00500
Page 25 of 34
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GENERAL REQUIREMENTS CL
Where Project Management is Not a Constructor
0
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
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls LO
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
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
0
GENERAL REQUIREMENTS Page 26 of 34
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CL
EXHIBIT A
Department of Labor Wage Determination 2
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EXHIBIT A Page 27 of 34
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"General Decision Number : FL20210022 01/22/2021
Superseded General Decision Number : FL20200022
State : Florida
Construction Type : Building
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 o
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 LO
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 a
EO minimum wage rate will be adjusted annually . Please
note that this EO applies to the above-mentioned types of
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not 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 .
0
Modification Number Publication Date
0 01/01/2021
1 01/22/2021
EXHIBIT A Page 28 of 34
Packet Pg.726
ELEC0349-003 09/01/2020
Rates Fringes
ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 36 . 36 11 . 82
-----------------------------------------------------------
ENG10487-004 07/01/2013
Rates Fringes
OPERATOR: Crane 0
All Cranes Over 15 Ton
Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 0
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and 0
Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80
----------------------------------------------------------- _
IRON0272-004 10/01/2020
0
0
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 LO
LO
----------------------------------------------------------- 0
PAIN0365-004 08/01/2020
0
Rates Fringes 0
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 83 a
-----------------------------------------------------------
* SFFL0821-001 01/01/2021
Rates Fringes 0
0
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 29 . 88 20 . 27
-----------------------------------------------------------
SHEE0032-003 12/01/2013
0
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18
0
EXHIBIT A Page 29 of 34
Packet Pg.727
-----------------------------------------------------------
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07
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 0
OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 0
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00
0
OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00
0
PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 `V
LO
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 0
0
ROOFER: Built Up, 0
Composition, Hot Tar and 0
Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00
0
SHEET METAL WORKER, Excludes
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61
TRUCK DRIVER, Includes Dump 0
and 10 Yard Haul Away . . . . . . . . . . . . $ 8 . 00 0 . 15
----------------------------------------------------------- y
0
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
-----------------------------------------------------------
Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave
0
EXHIBIT A Page 30 of 34
Packet Pg.728
for Federal Contractors applies to all contracts subject to CL
the Davis-Bacon Act for which the contract is awarded (and
any solicitation was issued) on or after January 1, 2017 .
If this contract is covered by the EO, the contractor must
provide employees with 1 hour of paid sick leave for every
30 hours they work, up to 56 hours of paid sick leave each
year . Employees must be permitted to use paid sick leave
for their own illness, injury or other health-related
needs, including preventive care; to assist a family member
(or person who is like family to the employee) who is ill,
injured, or has other health-related 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 o
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) ) .
N
LO
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 a
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,
EXHIBIT A Page 31 of 34
Packet Pg.729
which in this example would be Plumbers . 0198 indicates the CL
local union number or district council number where
applicable, i . e . , Plumbers Local 0198 . The next number, 005
in the example, is an internal number used in processing
the wage determination . 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is
July 1, 2014 .
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
0
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 LO
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 .
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
0
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
EXHIBIT A Page 32 of 34
Packet Pg.730
survey completion date for the classifications and rates CL
under that identifier .
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This
can be : o
* 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
On survey related matters, initial contact, including
requests for summaries of surveys, should be with the Wage LO
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. a
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to : o
Branch of Construction Wage Determinations
Wage and Hour Division
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
0
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
EXHIBIT A Page 33 of 34
Packet Pg.731
review and reconsideration from the Wage and Hour CL
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) .
Write to :
Wage and Hour Administrator
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of
the interested party ' s position and by any information
(wage payment data, project description, area practice
material, etc . ) that the requestor considers relevant to
the issue . 0
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
x
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210 LO
4 . ) All decisions by the Administrative Review Board are
final .
0
-----------------------------------------------------------
0
END OF GENERAL DECISION"
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EXHIBIT A Page 34 of 34
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SECTION 00120
PROPOSALFORM 2
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM: Sea Tech of the Florida Keys Inc.
131 Palomino Horse Trail
Big Pine Key, FL 33043
0
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
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 LU
himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all LO
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 0
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.
0
The Base Proposal shall be furnished below in words and numbers. If there is an 0
inconsistency between the two, the Proposal in words shall control. y
0
One Hundred Five Thousand, One Hundred Twenty-five and No/1 00--------------------Dollars. 0
(Total Base Proposal- words)
0
$ 105,125.00 Dollars.
(Total Base Proposal — numbers)
PROPOSAL FORM 00120- Page 26 of 306
Packet Pg.733
CL
I acknowledge Alternates as follows: N/A
Unit prices, if any, are as follows: N/A
I acknowledge receipt of Addenda No.(s) 0
No. 1 Dated 2-3-2021
No. 2 Dated 2-5-2021
No. 3 Dated 2-9-2021
No. Dated 0
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0
0
0
0
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 ): 2
1. Proposal Form V
2. Proposal Security (Bid Bond) V
. Non-Collusion Affidavit V
4. Lobbying and Conflict of Interest Clause V )
5. Drug-Free Workplace Form V
6. Public Entity Crime Statement V
7. Vender Certification Regarding Scrutinized Companies Lists V
8. Subcontractor List Form V
9. Proposer's Insurance and Indemnification Statement V
10. Insurance Agents Statement (signed by agent) V
11. Answered Required Questions V
12. Provided three ( ) Customer References and three ( ) Credit References V W
13. Provided three ( ) years of Financial Statements in separate email marked
"CONFIDENTIAL"
14. Certified copy of Valid Florida Contractor's License V X
15. Current Monroe County Occupational License V
16. Minority Owned Business Declaration V LO
1 . Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
Business
Name: Sea Tech of the Florida Keys Inc. A:
Business o
EIN# 65-012621
Business Mailing
Address: 131 Palomino Horse Trail Address:
city,
State, Zip Big Pine Key, FL 33043 City,State,Zip CL
Phone: 305- 72-0888 Local n : o
The physical business address must be registered as its principal place of business with the Florida
of State Signed
request for bid or proposal.
Date:Department16- 01 or a leastone
nede year n r to,7_77
�
Printed: Robin Szansky
Titl President
Witness: .e4 ..
PROPOSAL FORM 001 -Page 28 of 306
Packet Pg.735
CL
BID (PROPOSAL) BOND
Sea Tech of the Florida Keys, Inc.
KNOW ALL MEN BY THESE PRESENTS, that we 131 Palomino Horse Trail
Big Pine Key, FL 33043
(Here insert name and address or legal title of Contractor)
United States Fire Insurance Company
as Principal, hereinafter called the Principal, and 305 Madison Avenue
Morristown, NJ 07960
(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
the Surety, are held and firm) bound unto onroe oun y n y omm Ssioners —
Y Y 500 Whitehead Street
(Here inse� ufltname and address or legal title of Owner) E
0)
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid---------Dollars
CD
($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 c
and severally, firmly by these presents.
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)
W
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
LU
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
LO
to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the Work covered
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. �
,.``K(NE �i 11
Sea Tech of the Florida Keys, Inc. `n •'''QPO•''�"/j
n al)
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(Witnes )�,. 9 c rr ru
(Tit > RN ' C:) ' E
United St%es ire Insurance Company
... _m �_. (Surety _.,, (Seal)
Iglesias
Olga I
(Witness) 9 9 °u �w. �
( itle) C arles J. Nielson,Atty.-n-Fact
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PROPOSAL FORM 00120-Page 29 of 306 E
Packet Pg.736
F 1.b'
POWER OF ATTORNEY
UNITED STATES FiRE INSURANCE COMPANY
PRINCIPAL.OFFICE-MORRiSTOWN,NEW JERSEY
00927402021
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 CL
made,constituted and appointed,and does hereby make,constitute and appoint: N
Ian A.Nipper,David Russell Hoover,Joseph Peniehet Nielson,
Charles David Nielson,Charles Jackson Nielson,Shawn Alan Burton,Jarrett Merlucci
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
office,in amounts or penalties not exceeding:Seven Million,Five Hundred Thousand Dollars(S7,500,000). O
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.
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
thereof,which Articles provide,in pertinent part: 0)
Article iV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any Vice-President,
any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation:
(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.
Article i11,Officers,Section 3.11,Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,guarantees,undertakings, r
recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, W
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 tJ
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.
r
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 tV
affixed this 22"'day of August 2019. 6
r
UNITED STATES FiRE INSURANCE COMPANY TO
� iF
...)
Anthony R.Slimowicz,President
State of Pennsylvania } O
County of Philadelphia}
to
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, W
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
United States Fire Insurance Company thereto by the authority of his office.
CL
Commonwealth of Pennsylvania—Notary Seal r., mac- O
Tamara Watkins,Notary Public E
Philadelphia County Tamara Watkins (Notary Public)
My commission expires August 22,2023
Commission number 1348843
m
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 0)
foregoing is a full,true and correct copy is still in force and effect and has not been revoked.
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
21
UNITED STATES FiRE INSURANCE COMPANY
�!1 E
Al Wright,Senior Vice President
Packet Pg.737
CL
SECTION 00120
NON-COLLUSION AFFIDAVIT
1, Robin Szmansky of the cit 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, c
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 W
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,
LU
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
9E 6s f_M l
p � �.
I Mr kn o �
2-16- 1 0)
(Signature of Pr poser) (Gate)
0
ATE OF: Florida
COUNTY OF: Monroe CL
Subscribed and sworn t (or affirms ) before me, by means of Vphysical presence or El online
notarization, on 0 -16- 01 ( t )
by Robin Szmansky (name of afFant), He/She is personally
known to me or has produced Known (type of identification) as
Id tiCftokY L.Deutsch
NOTARY PUBLIC
STATE OF FLORIDA
GG962754 "NoTARYPUBLIC
Expires WM2024
(SEAL) My commission expires: 02/26/202
PROPOSAL FORM 001 - Page 30 of 306
Packet Pg.738
LOBBYING AND CONFLICT OF INTEREST CLAUSE CL
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
0
ETHICS CLAUSE
SE Sea Tech of the Florida Keys Inc. r'
(Company)
0
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any 2
former County officer or employee in violation of Section 2 of Ordinance No. 1 -1990 or any0
County officer or employee in violation of Section 3 of Ordinance No. 01 -10. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee". W
4ignature)
N
Date: 2-16- 21
LO
STATE Florida
0
COUNTY Monroe
0
Subscribed and sworn to ( r affirmed) before me, by means of Yphysical presence or 0 online
notarization, on 0 -16- 01 CL
(date)
0
by Robin Szrnansk (name of affiant), He/She is personally
0
known to me or has produced Known (type of identification) asy
0
identification.
Becicy L.Da~ ,
DICTARY P L m x 0
F .} W STATE F FLORIDA IOTA SLIC
� � o m#GG 7 0
S es 2/26/2024 2-1 - 1
( y commission expires:
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P OPOSAL FORM 001 -Page 31 of 306
0
Packet Pg.739
CL
DRUG-FREE WORKPLACE FORM v,
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Sea Tech of the Florida Keys Inc.
(Name of Business)
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. 0
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.
3. Gives each employee engaged in providing the commodities or contractual services that are
under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of LO
this section.
As the person authorized to sin the statement, I certif1 th t this firm complies fully with the above
p 9
.am
requirements_ """' ~
0
Propo er's Signature
02-16-2021
Date
CL
STATE OF: Florida
0
COUNTY OF: Monroe 0
Subscribed and sworn to (or affirmed) before me, by means of Wphysical presence or❑ online
notarization, on 02-16-2021 (date) by Robin Szmansky (name of affiant).
0
He/She is personally known to me or has produced Known (type of identification) ,
L.Deutsch `) 0
as T
i TARY PUBLICSTATE OF FLORIDA � . ��* .. 0
Somme GG962754Expires 2/26/2024 NOTARY P.IBLIC 02-16-2021SE My commission expires: 0
PROPOSAL FORM 00120- Page 32 of 306 0
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CL
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or 0
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."
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.
._., E
v,
(Signature)
Date: 02-16-2021
x
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cv
STATE OF: Florida u3
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online
0
notarization, on 02-16-2021 (date)
0
by Robin Szmansky (name of affiant). He/She is personally
CL
known to me or has produced Known (type of identification) as
M
identification. � " 0
NOTARY PVBLIC
My commission expires: 0
(SEAL) 02-16-2021
PBecky L.Deutsch
NOTARY PUBLIC
STATE OF FLORIDA
,61,V41
Comma GG962754 0
Expires 2/26/2024
m
PROPOSAL FORM 00120- Page 33 of 306 0
Packet Pg.741
CL
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST
Repairs Veterans Memorial ark Restrooms Re
Project I�escription(s): p .
Respondent Vendor Name: Sea Tech of the Florida Keys Inc.
Vendor FEIN: 65-012621
Vendor's Authorized Representative Name and Title: Robin Szmansky, President
Address: 11 Palomino Horse Trail
City: Bi Pine Ke State: Florida Zip: 303
Phone Number 305-872-0888 Email Address: robins@seatech.cc
pA,
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount i , at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing
contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with n
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
Lists which were created pursuant to s. 21 .47 , Florida Statutes, or is engaged in business operations i
Cuba r Syria.
As 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 LO
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company is found to have
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the (n
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria.
CL
Certified y: Robin Szmansky who is authorized o
to sign on behalf of the a fe7 1 E
Authorized Signature: 112
Robin Szmansky
Print Name: Y
Title: President
Note: The List are available at the following Department of Management Services Site:
Itt f/)t ...a: L ._TA lodd orn/bu; �� � S R mJ R p_. .� i0r y .,n ,. . .- ._. Uo i iirnf r�rnat�oar/c��nvu�i d..s� ... ... .__.ended di cr,irn m(Q�y r laintsw vendor_lists
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PRO
POSAL FOR 1 - Page 34 of 306
Packet Pg.742
VETERANS MEMORIAL PARK RESTROOM REPAIRS
CL
SUBCONTRACTOR LISTING FORM
Phone#w/ 0
Division Subcontractor area code Address
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
0
LU
cv
LO
0
0
CL
0
0
0
0
0
0
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PROPOSAL FORM 00120-Page 35 of 306
0
Packet Pg.743
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SECTION 00130
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
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. o
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, v,
resulting from the failure of the Contractor to provide satisfactory evidence of the required W
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 n!
and any extensions specified in any attached schedules. Failure to comply with this provision T'
LO
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.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
• Certificate of Insurance or o
• 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
insurance policies with all endorsements, amendments, exclusions and notice of changes to the °'
policy as required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 306
Packet Pg.744
The acceptance and/or approval of the Contractor's insurance shall not be construed as CL
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law. 2
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
0
X
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0
0
0
0
0
0
0
0
0
0
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 306
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WORKERS' COMPENSATION 2
INSURANCE REQUIREMENTS
FOR
VETERANS MEMORIAL PARK RESTROOM REPAIRS
BETWEEN
MONROE COUNTY, FLORIDA
AND
Sea Tech of the Florida Keys Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes and the requirements of Florida Statutes, Chapter 440. 0
0
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: 0
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$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.
LO
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
0
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.
0
0
0
0
0
0
0
INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 306
Packet Pg.746
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
VETERANS MEMORIAL PARK RESTROOM REPAIRS
BETWEEN
MONROE COUNTY, FLORIDA
AND
Sea Tech of the Florida Keys Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum: 0
0
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability y
• Personal Injury Liability W
The minimum limits acceptable shall be:
X
$1,000,000 Combined Single Limit
LO
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 0
(12) months following the acceptance of work by the County.
0
0
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
0
0
0
0
0
0
0
INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 306
Packet Pg.747
BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
VETERANS MEMORIAL PARK RESTROOM REPAIRS
BETWEEN
MONROE COUNTY, FLORIDA
AND
Sea Tech of the Florida Keys Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum, 0
liability coverage for:
• Owned, Non-Owned, and Hired Vehicles 0
The minimum limits acceptable shall be: v,
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
x
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
LO
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements. a
0
0
0
0
0
0
0
0
0
0
INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 306
Packet Pg.748
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT CL
INSURANCE REQUIREMENTS
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,
each employee
General Liability, including $1,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations E
Blanket Contractual Liability
Personal Injury Liability
0
Business Automobile Liability $1,000,000 Combined Single Limit
(Owned, non-owned, and hired vehicles)
If split limits are preferred:
$500,000 per Person w
$1,000,000 per Occurrence
$100,000 Property Damage
cv
Builder's Risk: Not Required
LO
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.
0
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 o
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per occurrence pursuant
INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 306
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CL
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.
0
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor s failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
0
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the W
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 LU
performance of this Contract.
cv
This indemnification shall survive the termination of this Contract. Nothing contained in this LO
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)
Agency's sovereign immunity.
PROPOSER'S STATEMENT o
0
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.
CL
f '."vmw 00
Sea Tech of the Florida Keys Inc. _ "' W°'
PROPOSER Signature
0
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INSURANCE AGENT'S STATEMENT CL
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
0
POLICY DEDUCTIBLES
General Liability $5000.00
Workers Compensation None
0
Liability policies are X Occurrence Claims Made y
Keys Anchor Insurance Agency
Insurance Agency Signa ure n!
LO
0
0
0
0
0
0
0
0
0
0
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