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Item C17 C.17 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: C.17 Agenda Item Summary #10684 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416 N/A AGENDA ITEM WORDING: Approval of a 2nd Change Order to the contract with SeaTech of the Florida Keys, Inc. in the amount of $88,428.25 for the purchase and installation of additional HVAC units for East Martello. This will be paid by Tourist Development Council Grant 42337. ITEM BACKGROUND: Construction on Fort East Martello began in 1862, as one of a series of forts designed and built during the U.S. Civil War. Today it remains as a history lesson to visitors of Key West. The Stanley Papio Gallery at the East Martello Fort is currently an air-conditioned space. Due to the historic nature of this structure, there are ongoing air quality issues in the gallery. A Task Order was issued with Bender& Associates Architects, P.A in May 2020. Under this Task Order, Bender& Associates generated a plan for construction work to remediate the air quality issues, involving primarily changes to the HVAC system and windows. In October 2021 the County approved a contract with SeaTech of the Florida Keys,Inc. for $221,515.00 for the construction services. In March of 2022, a Task Order Amendment was executed with Bender& Associates to provide design services needed for additional HVAC requirements that were identified. This Change Order with SeaTech of the Florida Keys, Inc. is for the purchase and installation of the additional equipment. Original contract value was $235,400.55 with existing change orders. The new contract value with this change order is $323,828.80. PREVIOUS RELEVANT BOCC ACTION: 10/16/2019 —BOCC approved report of County projects funded by the TDC including E Martello HVAC Upgrades project. 5/20/2020 —BOCC approved a Task Order with Bender & Associates for design services. 10/20/21 —BOCC approved a construction contract with SeaTech of the Florida Keys, Inc in the amount of$221,515.00. 3/16/22 —BOCC approved 1st task order amendment for design services needed for additional Packet Pg. 705 C.17 HVAC requirements that were identified. CONTRACT/AGREEMENT CHANGES: Add scope STAFF RECOMMENDATION: Approval DOCUMENTATION: Change Order 42_SeaTech_move AC splits_signed Change Order Memo 41 East Martello Museum Window and HVAC Upgrades E Martello Papio Windows HVAC Contract_EXE_10.20.21 2002 05 COI Seatech Signed exp 3 12023 FINANCIAL IMPACT: Effective Date: 6/15/2022 Expiration Date: TBD Total Dollar Value of Contract: $323,828.80 Total Cost to County: $0.00 Current Year Portion: $0.00 Budgeted: Yes Source of Funds: 117-77011-560620-T207M87X-530340 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: TDC Grant#2337 County Match: $0.00 Insurance Required: Yes Additional Details: 117-77011-560620-T207M87X-530340 06/15/22 NEW COST CENTER ADDED $88,428.25 117-77011-560620-T207M87X-530340 REVIEWED BY: Cary Knight Completed 05/31/2022 11:11 AM Joseph DiNovo Completed 05/31/2022 11:53 AM Purchasing Completed 05/31/2022 12:16 PM Budget and Finance Completed 05/31/2022 12:18 PM Brian Bradley Completed 05/31/2022 2:26 PM Packet Pg. 706 C.17 Lindsey Ballard Completed 05/31/2022 4:02 PM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 707 C.17.a MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT W CONTRACT CAGE ORDER PROJECT TITLE: East Mar'tello Museum Window& HVAC Upgrades CHANGE ORDER NO: 02 INITIATION DATE: 05119/2022 CONTRACT DATE: 10/2012021 as TO CONTRACTOR: SeaTech of the Florida Keys 131 Palomino Horse Trail Bag Pure Key, FL, 3304+0 as as The Contract is changed as follows: co The original (Contract Sum) (Guaranteed Maximum price).............. .... .............. $221,515.00 ILI Net change by previously authorized Change Orders..................... ............... ... .......... $13,885.55 04 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was......... $235,400.55 as The (Contract.Sum) (Guaranteed Maximum Price)will be (increased) (decreased) unchanged) by this Change Order................... $88,428,25 as The new(Contract Sum)(Guaranteed Maximum Price) including this Change Order is.... $323,828,80CD The Contract Time will be (increased) (decreased) (unchanged') by ............................ 46 days The date of Substantial Completion as of the date of this Change Order is ..... ............. 07/15/2022 Detailed description of change order and justification: While implementing the HVAC project at the East Martello Fort, we encountered four more mini-,split units CL CL requiring replacement. A Task Order Amendment was approved (3116I22) and performed to create the additional construction documents. There is remaining TDC Grant money to fund this Change Order This additional work can be completed before the end of September(whet) the TDC grant funds expire). The substantial completion date is now 813012022 U) i Chan gge order is 39.92% of original contract rance. �OF FAO �Q� ,......., Not valid until signed b Owner Architect if applicable), and Contr yr oNN�DJ sat y 9 -P ARs7f 5 E ARCHITECT: 1.: rii�j II ���sr .... .. ,�•�� / � / 22 as B er. ..A, sor'ate s Date as CONTRACTOR: i eaTech f the Florida Keys Cate as BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK as By: By: Mayor/Chairperson As Deputy Clerk as MOhMROE,COUNTY'AT`TOMNEY'S GF ►CE E PROVED A$TO FORMS PR 6TA NT COU14TY ATTORNEY DATE �3g 7n2� Packet Pg. 708 C.17.a Change Order Attachment per Ordinance No. 024-2015 1- 0 U) • Change Order was not included in the original contract specifications. Yes ® No ❑ 0 If Yes, explanation: Four additional HVAC units and installation were not included in the original design specifications of this project. 0 4- c� • Change Order was included in the original specifications. Yes ❑ No ® �' If Yes, explanation of increase in price: N • Change order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ® No ❑ If Yes, explanation as to why it is not subject for a calling for bids: We already have a Contractor working this project and they can accommodate the added installations within the allocated TDC funds for the project. By rebidding this component, more cost will be incurred to mobilize a different contractor and the TDC grant would expire. 0 CL CL • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: U) U) I Change Order is correcting an error or omission in design document. Yes ❑No U) U Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: Scope is being added. and there was no error in design. 0 I c� c� I U E c� Packet Pg. 709 C.17.a 1WW w a lik 0044wo iinI %, ' ' OF THE FLORIDA KEYS DESIGN BUILD CONTRACTORS UU May 27, 2022 O Monroe County Public Works & Engineering Project Management Department Office: (305)295-4338 Cell: (305)850-8124 U- Attn: Rob Tudor, Contract Manager Re: East Martello HVAC&Window project Subject: Change Order 902—Classroom Minisplit AC Units We hereby propose to furnish materials, equipment and perform the labor necessary to install two new mini split systems for the classrooms at the east side of the Fort per information Bulletin dated `1" 4/29/2022 by Bender&Associates Architects. CONTRACTOR EXPENSES/DIRECT COSTS 0 UNIT 5% ITEM DESCRIPTION UOM CITY PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS Sea Tech Superintendent HR 160 $65.00 $10,400.00 $520.00 $520.00 $11,440.00 C3 4— Sea Tech Dump Fees LS 1 $565.00 $565.00 $565.00 O Subtotal $10,965.00 $520.00 $520.00 $12,005.00 L- SUBCONTRACTOR WORK CL CL UNIT 5% ITEM DESCRIPTION UOM CITY PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS Electrical work associated with Nearshore AC systems per plans LS 1 $25,165.00 $25,165.00 $1,258.25 $26,423.25 U) I Install New Minisplit Units per TEM plans LS 1 $44,000.00 $44,000.00 $2,200.00 $46,200.00 , U) L) TBD Roofing Patch and Inspections LS 1 $1,500.00 $1,500.00 $75.00 $1,575.00 O LS' 1 $0.00 $0.00 1 $0.00 I Subtotal $70o665.00 $3,533.25 $74,198.25 O P/P BOND C°J ITEM DESCRIPTION TOTALS P&P Bond @2.5% $2,225.00 Subtotal $2,225.00 �9 Overhead at 5% $520.00 Profit at 5% $520.00 Management at 5% $3,533.25 Taxes $0.00 CHANGE ORDER GRAND TOTAL $88,428.25 Page 1 of 14 Packet Pg. 710 C.17.a All costs to provide the changes as described in this document is to be completed in a substantial workmanlike manner for the sum of- Eighty-Eight Thousand, Four Hundred Twenty-Eight 25/100 Dollars............$88,428.25 U) w 1- 0 4- This change order will require an additional 46 days with a substantial completion date ofAugust 30, 2022 a� Progress Payments upon completion. _ Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents,or delays beyond our control. Owner to carry fire,tornado and other necessary insurance upon above 0 work. Workers Compensation and General Liability insurance on above work will be taken out by SEA TECH, INC. Note- This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do c14 the work specified. Payment will be made as outlined above. a� U 4- 0 Signature Date 0 CL CL U) U) i U) U 0 i c� cN i U E c� Page 2 of 14 Packet Pg. 711 iwarsnare Hecirlic, State Certified Electrical Contractor ctor #EC13001186 U) Owner:Seatech ,0 Phone: (305)304-8406—E-mail: RyonL@seatech.cc Scope Of Work U Project.E Martello HVAC Upgrades PCO#3 Job#210802 Project Address: 3501 S Roosevelt Blvd PCO#3 rev I Key West,FL 33040 Confidential May 19,2022 To all concerned, We are pleased to offer you our proposal for the electrical work required at 3501 S Roosevelt Blvd at E Martello Museum in Key West Florida.All work performed by Nearshore Electric,Inc. shall conform to current codes,regulations,and project specifications.All work performed by Nearshore Electric,Inc. shall be warranted for a period of one year.The following breakdown describes the items and services that Nearshore Electric,Inc. shall provide as well as any exclusion from our scope of work. c14 INCLUDED IN BASE BID: Classroom#1 Li Identify and de-energize existing mini split ductless unit Li Demo and discard existing conduit and wire to mini split ductless unit U Li Identify and de-energize existing circuits feeding the refrigerator,lighting,and hallway/storage receptacles - Li Demo and discard(3)3/4"existing damaged conduits,j-boxes,receptacles,and branch conductors feeding the refrigerator,lighting fixtures,and hallway/storage receptacles from existing load center to wall entering > hallway 0- Li Provide and install(3)3/4"conduit raceway assemblies feeding the refrigerator,lighting,and hallway/storage receptacles(Assemblies to include:3/4"conduit/fittings,strapping,j-boxes/covers, 1-20a 120v duplex receptacle,and#12 branch/grounding conductors) Li Provide and install(1)H-Frame rack system for new disconnects and receptacle to RTU's Li Provide and install(1)3/4"conduit raceway assembly to roof top receptacles(Assembly to include: P conduit/fittings,strapping,WP j-box,In-use cover, 1-20a 120v WR GFCI receptacle, 1-20a 120v circuit UI breaker,and#12 branch/grounding conductors) Li Provide and install(1)3/4"conduit raceway assembly from existing load center to RTU CU-1 disconnect (Assembly to include:3/4"conduit/fittings,strapping,j-boxes/covers, 1-30a 240v NEMA 4X fusible U) disconnect,2-25a RK 1 25a fuses, 1-25a 240v circuit breaker,and#10 branch/grounding conductors) U d Li Provide and install(1)3/4"conduit raceway assembly from new CU-1 to AHU 1-1/2(Assembly to include: d� 3/4"conduit/fittings,strapping,j-boxes/covers,and#10 branch/grounding conductors) Classroom#2 Li Identify and de-energize existing circuits feeding the(2)window A/C units Li Provide and install(1)3/4"conduit raceway assembly from existing load center to RTU CU-2 disconnect (Assembly to include:3/4"conduit/fittings,strapping,j-boxes/covers, 1-30a 240v NEMA 4X fusible disconnect,2-25a RK 1 25a fuses, 1-25a 240v circuit breaker,and#10 branch/grounding conductors) �I Li Provide and install(1)3/4"conduit raceway assembly from new CU-2 to AHU 2-1/2(Assembly to include: 3/4"conduit/fittings,strapping,j-boxes/covers,and#10 branch/grounding conductors) qp 'L3 Exhibit Room Li Demo and discard existing 3/4"raceways,branch/grounding conductors,and control cables to accommodate for relocation of HVAC equipment LJ Relocate 3/4"pvc conduit/fittings,strapping,and branch/grounding conductors from j-box at NE opening to the opening at the SW corner of room Li Provide and install 3/4"pvc conduit/fittings,strapping,and branch/grounding conductors(to re-connect existing lights/switches,receptacles,and exit sign) E Li Provide and install 3/4"pvc conduit/fittings,strapping,and branch/grounding conductors(to accommodate for relocation of ductless unit power) ♦ Workers Comp/General Liability Insurance ♦ Taxes/Warranty 5680 lst Avenue#3—Stock Island—Fl.—33040—Plione(303)294-3991—Fax(303)294-3043—Nearslore bellsoutli.net Packet Pg. 712 iwarsnare Hecirlic, State Certified ed Electrical Contractor ctor #EC13001186 U) 0 EXCLUDED FROM BID: U) ♦ Permit Fees,Private Provider Plan Reviews/Inspections,and Utility Fees ♦ 125a Service/Disconnect,Raceways,and Branch/Grounding Conductors, ♦ 125a 20ckt Load Center and Circuit Breakers ♦ I VAC Equipment,Elevated Platform,and Control Cables - ♦ Lighting Fixtures and Exit Signs ♦ Appliances ♦ Repairs/Replacement of window,brick/mortar,and roof membrane 0 ♦ Any Scope of work not clearly shown on drawings or within the bid documents and/or specifications is not included in this proposal We propose to furnish material and labor,complete in accordance with the above specifications,for the lump sum of: Twenty-Five Thousand One Hundred Sixty-Five Dollars and 00/100............................ $25,165.00 cN Authorized Signature - 'p Date 5/19/2022 Kevin Adams—Estimator U t3 4- 0 Acceptance of proposal: I understand that I am bound to this agreement to pay the balance upon completion of work. I CL further understand and agree that any cost incurred by Nearshore Electric, Inc. caused by < collection action on my account,including attorney's fees, court cost and interest due to delinquency, or returned check fee ($50.00)will be my responsibility and will be paid as part of my balance. If this is a corporation,the undersigned agrees to be personally responsible for any U) purchases made by the corporation pursuant to this agreement. The above price, specifications UI and conditions are satisfactory and are hereby accepted. You are authorized to do work as CL specified.Payment will be made as outlined above. Any purchases made with credit card will incur a 2%surcharge. Purchaser agrees all materials to remain seller's possessions until paid in full. 0 I Owner's Signature Date I Proposal is good for 30 days and is subject to increase due to COVID-19 Price Volatility and Increased Costs Due to COVID-19: The parties acknowledge that some of the materials and products to be used and installed in the construction of this project may become unavailable, delayed in shipment, and/or subject to price increases due to circumstances beyond the control of the contractor, including the COVID-19 pandemic. If a specified product is unavailable or shipment is delayed, contractor shall provide written notice and shall be afforded additional time and substitute products may be considered. If there is an increase in price of materials, equipment or products between the date of this contract and the U time when the job is ready for installation of the affected material(s), the amount of this contract shall be increased to reflect the additional cost to obtain the materials, provided that the contractor gives the E owner/general contractor written notice and documentation of the increased costs 5680 lst Avenue#3—Stock Island—Fl.—33040—Phone(303)294-3991—Fax(303)294-3043—Nearshore bellsouth.net Packet Pg. 713 C.17.a �1111T.E.M. „ „ „.,,Tiro . . "Ei ���I. , M 1- 0 East Martello 5/24/2022 COR-01 Rev 1 Re: COR-01-Classroom A/C Units It is our pleasure to provide you with this proposal for work associated with the above mentioned project. Our proposal is for the HVAC work as depicted in the design documents. This proposal is for a complete scope of work as it relates to the HVAC system. Total Cost for COR-01 Classroom A/C Units.........................................$44,000.00 ° Forty Four Thousand Dollars Zero Cents N The scope of work included in this proposal is as follows: Lead Time 11 to 12 Weeks U ➢ The scope of work included in this proposal is as follows: Provide and Install:AHU- 0 1-1 & 2, AHU-2-1 & 2, CU-1 & 2 as stipulated in the contract documents and manufactured by LG as depicted. L- ➢ Reroute copper lines and condensate drain through window CL ➢ Condenser Stand ➢ Demo Existing units ➢ Provide and install all copper refrigeration lines ➢ Mechanical Insulation ➢ Thermostats ➢ Mounting Hardware U) ➢ Low voltage wiring U d ➢ Condensate drain piping 0 Our price DOES NOT include: Concrete repair, removal or installation Payment or Performance Bond Roofing removal or repair i c14 We thank you for the opportunity to provide you this proposal. If you have any questions please do not hesitate to contact us. We look forward to working with you in the future. TEM Environmental & Mechanical Services, Corp Tom McKechnie U Vice President c� 420 Wilder Road Big lime IKey➢ 1911_, 880,18 Tol: 80 5 d I 8290 www.j,f°ni( n v J i o n i( (°11„t`onl t€ani(e nvrronmEantalC(,),yahoo com Packet Pg. 714 C.17.a MULTI East Martello Multi Splits(ver 1.8.7.10) System Tree Diagram M System Name: CU-1/2 Date: 05/09/2022LLI System No : 1 &2 Multi F2 M d LMU36CHV(6626 kBtwhl( 4 It,h( U. Additional Refrigerant'.q.qq Has � 4� d 4- 114:1f2 )1 G 1 Room mmn 211112111kRILIh(( a�a h&toh� q r, 1 1 4.1f2 lY.LSMIIBWHSV5#2 Room M m m q ..,..„A (4 1 rya 4a kRtwh(i f' I111A ( IrE 01 q fur 1 n , i Ilnidoar Und. i Room 6.a11 'Rhdlh� 0) n Ilnidoor Und. Room "r`0 ¢.Pfl (—tq uq Wlihllh((— ("11MLUI'i1 g r k1f(Ill, C�:o} Two pipe:Liquid:Gas (IDThermostat, OGroupcontroi, ii Dry Contact Ilrndoor Urnis _2 of 4 � Combination Ratio_36 of 38(d©096) 8SS Total Pipe :24 of 246 it d 8SS d CL 0 00 I 00 w.a 00 d E I M I M w.a E 8SS w.a w.a 2 Packet Pg.715 C.17.a MULTI East Martello Multi Splits(ver 1.8.7.10) System Schematic Diagram M System Name: CU-1/2 Date: 05/09/2022LLI System No : 1 &2 a � — � � c �Pfnaa-aa,ro�en,,mm � a a —cPw� rov imP fooucea-.r sae.s�avn a a n m eemcie.ec � —s�—comm��i�uo�i�amama�a�o�w e�,,w�s�rea ana svanaaa A�nc z2x3o „� GmunB sM1leltl wire at eDU only LL 0000 unueaav w. eons ac Paemrevcz 0 a i g 4 c 8 „. � f,�❑o � R,C PREarnvCe ��.9 F- iaoP;zs —z- 8SS v,uzoe/z3ov,eou, ..........o „ 4) M E 4) M Pow—ling,breaker size,and disconinects slhoodd follow local code or NEC. d d CL 2) I w.a d E I M 04 E M w.a E w.a w.a 3 Packet Pg.716 Job Name/Location: East Martello Museum Tag No: C.17.a Date' For'❑ File ❑Resubmit ❑ Approval ❑Other PO No.: ��� r'tfKvj j Architect: GC: VLQ MW Engr: TLC Mech: TEM J Rep: Protec AndrewAbinaderq- w (Company) (Project Manager) (D 11 If:e's Good 0 Multi F Inverter Heat Pump Outdoor Unit qy Performance: Operating Range: Cooling Capacity(Min.-Rated-Max.,Btu/h) 8,400-32,000-38,400 Cooling(°F D13)3 14 to 11 Heating Capacity(Min.-Rated-Max.,Btu/h) 9,240-36,000-41,600 Heating(°F WB) 4 to+6 Max.Heating Capacity at 5°F(Btu/h) 22,057 Max.Heating Capacity at 0°F(Btu/h) 18,472 Unit Data: Max.Heating Capacity at-4°F(Btu/h) 15,823 Refrigerant Type R41C Cooling COP @95°F(Rated) 3.40 Refrigerant Control EE Heating COP @47°F(Rated) 3.8SI Sound Pressure(Cool/Heat)±1 dB(A)s 52/� qy Cooling Nominal Test Conditions: Heating Nominal Test Conditions: Net/Shipping Weight(lbs.) 137/1z Indoor:807 DB/677 W B Indoor:707 DB/607 W B Outdoor:957 DB/757 WB Outdoor:477 DB/437 WB Heat Exchanger Coating Gold Fin Minimum No.of Indoor Units Electrical: Maximum No.of Indoor Units Power Supply(V/Hz/O)l 208-230V,60,1 MOP(A) 25 Com ressor: - MCA(A) 17.9 Type Twin Rotal Recommended Fuse Size(A) 25 Quantity Cooling Rated Amps(A) 15.13 Oil/Type FVC68CL Heating Rated Amps(A) 15,13 CL Fa n: Compressor(A) 11.2 Type Propelk Fan Motor(A) 0.73 as Quantity Locked Rotor Amps(A) N/A Motor/Drive Brushless Digitally Controlled/Dire( a MOP-Maximum Overcurrent Protection MCA-Minimum Circuit Ampacity U) Max.Airflow Rate(CFM) 2,11 I Piping: Notes: CL Refrigerant Charge(lbs.) 6.18 1.Acceptable operating voltage:187V-253V. Liquid Line Connection(In.,O.D.) 1/4 x 4 2.Piping lengths are equivalent. Vapor Line Connection(In.,O.D.) 3/8 x 4 3.Sound pressure levels are tested in an anechoic chamber under ISO Standard qb Z 3745. Maximum Total Piping (ft.) 246.1 4.All power/communication cable to be minimum 14 AWG,4-conductor,strande Min./Max.ODU to IDU Piping(ft.) 10.0/82.0 shielded or unshielded wire,and must comply with applicable local and nationa E Piping Length(no add'I refrigerant,ft.) 98.4 codes.If shielded,the wire must be grounded to the chassis at the outdoor unit I only. Maximum Elevation between ODU and IDU(ft.) 49.2 5.Power wiring size must comply with the applicable local and national codes. qy Maximum Elevation between IDU and IDU(ft.) 24.6 6.This data is rated 0 ft.above sea level,with 25 ft.of refrigerant line,and 0 ft. level difference between outdoor and indoor units.All capacities are net with s py ODU=outdoor unit IDU=Indoor Unit combination ratio between 95-105%. 7.Must follow installation instructions in the applicable LG installation manual. I Features: 8.Refer to the Combintion Data Manual for combination capacity tables. • Auto operation • Restart delay(three[3] minutes) 9.See the Performance Data Manual for sensible and latent capacities. qb • Auto restart • Self diagnosis • Inverter(variable speed • Soft start compressor) • Low ambient cooling down to 14°F (D • Defrost/Deicing Optional Accessories: III ❑PI-485-PMNFP14A1 Premium-PQNUD1S41 L; ❑MultiSITE Comm.Mgr.- ❑Mobile LGMV PLGMVW100 ) �+�� (D PBACNBTROA ❑Drain Pan Heater-PQSH1200 C @0 US :] u i ❑AC Smart 5-PACS5A000 ❑Low Ambient Baffle Kit(Cooling llla»a � ° , m a• a ap ❑ACP 5-PACP5A000 operation to-4°F)-ZLABGP04A ❑Power Distribution Indicator(PDI) ii,, I l moul6 Inverter For a complete listofavailable accessories,contactyour LG representative. For continual product development,LG reserves the right to change specifications without notice. SB_MultiF_1-MU36C ©LG Electronics U.S.A.,Inc.,Englewood Cliffs,NJ.All rights reserved."LG Life's Good"is a registered trademark of LG Corp./www.Ighvac.com Packet Pg. 717 LMU36CHV Multi F Inverter Heat Pump Outdoor Unit ------------------------------------------------- WA 4"M1 iywi"�M�f � III d��e�r�ar ■ � NVd•dlPaaa�w'��� ti Ibj�s9o�"��iillk44j � �I irir ,�d I { NVe yyn y7 V� � JNl'Ar.rrafP�ltlk� � y1r 0�n''yM. �, � fr✓r�ry 'M1I ', a, w w� ww •— r • •—r • w. • s �.�— i II �� �� I����� ����I�I� II�II�I9L:ICI INI �. • r• �• - - • r. � w ��- « ,• ��, w w Job Name/Location: East Martello Museum Tag#: C.17.a Date: For:❑File ❑Resubmit PO No.: ❑Approval Other Ina Architect: GC: Qla"l U) M air a W Engr: TLC Mech: TEM L_ 0 Rep: Protec Andrew Abinader (Company) (Project Manager) LSN180HSV5 Multi F Wall MountedHigh Efficiency Indoor a 111 I ife'S wood (D Performance: Entering Mixed Air: Nominal Cooling Capacity(Btu/h) 18,000 Cooling(°F WB) 57—7 Nominal Heating Capacity(Btu/h) 21,600 Heating(°F DB) 59—8 (D Cooling Nominal Test Conditions: Heating Nominal Test Conditions: Indoor:807 D13/677 WB Indoor:707 D13/607 WB Unit Data: Outdoor:957 DB/757 WB Outdoor:477 DB/437 WB Refrigerant Type R410 ° Electrical: Refrigerant Control EE 208 230/60/1 Sound Pressure(H/M/L)(±3 dB[A])2 44/38/3, qy Power Supply(V/Hz/O) Primary Filter Washable Pre filtE Rated Amps(A) 0 4 Secondary Filter 3M Micro Du. Net Weight(lbs.) 25.I C Piping: Shipping Weight(lbs.) 32.. Installed Liquid Pipe(in.,O.D.) rb1/4 Installed Vapor Pipe(in.,O.D.) rb1/2 Fan: Liquid Connection(in.,O.D.) 03/8 Type Cross Flo, Vapor Connection(in.,O.D.) OS/8 Quantity Drain(in.,O.D./I.D.) 27/32 Motor/Drive Brushless Digitally Controlled/Direr CL CL Temperature Sensor Thermisfortor, Air Flow H/M/L(CFM 558/438/35: Controls Features: Notes: as •4-Way auto swing •Jet cool/Jet heat 1.Acceptable operating voltage:187V-253V. •24 Hour on/off timer •3M Micro Dust Filter 2.Sound Pressure levels are tested in an anechoic chamber under ISO Standard 3745. 3.See Engineering Manual for sensible and latent capacities. °thy •Auto operation •Self-cleaningindoorcoil 4.All communication/connection(power)cable from the outdoor unit to the indoor unit is fieldsupplie( I •Auto restart •Sleep mode and must be a minimum of four-conductor,18 AWG,stranded,shielded or unshielded(if shielded,it muse •Chaos wind •Condensate sensor connection grounded to the chassis of the outdoor unit only),and must comply with applicable local and national cc( °® •Inverter(variable speed fan) • Built-in Wi-Fivia Smart ThinQ app 5.Power wiring cable size must comply with the applicable local and national code. •Compatible with Single Zone HSVS Outdoor Units 6.Correspondor ing efrigcom swithaingle dry n um cin rge. gay p g 7.Corresponding refrigerant piping length is in accordance with standard length of each outdoor unit and 1 level difference is 0 ft.All capacities are net with a combination ratio between 95-105%. 8.Must follow installation instructions in the applicable LG installation manual. 9.Multi compatible 18k IDUs include socket adapters for refrigerant pipe connections with Multi F systen Included Accessories: •Wireless Remote Controller—AKB74955602 E I 0 Optional Accessories: as ❑MUItISITE'"CRC1-PREMTBVCO qy ❑MultiSITE CRC1+-PREMTBVCI ❑Dry Contact-PDRYCB300 04 (D E (D Us um Intertek as E 0 Fora complete listofavailable accessories,contact your LGrepresentative. SB MultiF_WallMount_HiEff_IDU_LSN18 For continual product development,LG reserves the right to change specifications without notice. - Packet P 719 ©LG Electronics U.S.A.,Inc.,Englewood Cliffs,NJ.All rights reserved."LG Life's Good"is a registered trademark of LG Corp./www.Ighvac.com g• Job Name/Location: East Martello Museum s LSN180HSV5 Tag No.: N, Multi F Wall Mounted High Efficiency Indoor Unit i 1"G Date: 18,000 Btu/h PO No.: U) M RAaq W C L- 5-31/32(152) 0 2-3/8(60) 4— U) 0 (D 0 5/8 .3 -Va 32, [L 2-13132(6t) F7771 2 [6-1 V16(170)] (D Air Intake Hole ,�V3 ----------- -------------------- 0 9L (D 0 0 0 (D 0 0 O C14 (D C) OR ZZ3 0 (D .X 0 CID 2 cp — 0 91 j!2-7/32(56) > 2r 8 .......... 0 CL CL IT < .,a M 0 m- 6 3 :E -----------I (D CID o W- O'Z U) CL U) —D noii 7116(11) L) < (D > 2.15132(63)-- 11-13M(300) 0 2-M2(53) E 0 as ZA oz� (D 1.1/16(27)�1 C14 o (D 0 (D 0 2-2332�69� CID 0 o L) Doa (D E < IR 13-19132(345) 13-19/32(345) For continual product development,LG reserves the right to change specifications without notice. SB—MultiF WallMount—HiEff—IDULSIN18 V FG Electronics U.S.A.,Inc.,Englewood Cliffs,NJ.All rights reserved.'TG Life's Good"is a registered trademark of LG Corp./www.Ighvac.com Packet Pg. 720 Job Name/Location: East Martello Museum Tag#: C Date: For: ❑ File El Resubmit PO No.: ❑ Approval El Other Architect: GC: Iowa U) Engr: TLC Mech:TEM ffi M Rep: Protec Andrew Abinader 0 (Company) (Project Manager) eys� • �LG L&e's Good • L_ Electrical: Connectivity: Power Supply 12VDC power from indoor unit LG Communications 1 Channel/RS 485 V Net BACnet°MS/TP(default model) Surrounding Conditions: BACnetl wireless IP(optional) Temperature ZigBee° Pro wireless mesh network(P)(optional) Operating 32-122°F Storage 22 122°F Communications Cabling Specifications(V-Net): Humidit Y Type 3 conductor,stranded,twisted,unshielded � Operating 5-95%RH (non-condensing) Size AWG 22-3 Storage 0-95%RH (non-condensing) Length2 up to 164 ft AWG-American Wire Gage Features: -Customizable color digital touch screen interface with Unit Data: U Multilanguage support 4- -BACnetO MS/TP or Wireless IP(optional) Dimensions 4.72" H x 3.39"W x 1.06" D •ZigBee° Pro Wireless network(optional) Maximum Number of Indoor Units(per controller) 16 -Role based configuration(password protected) CL •Lua scripting CL -Function code settings -Function Code Search Tool � � m -Date and Time Display /�, -Room temperature display -9'F^ +9 'F adjustable 4 5 6 "� "�� P -Humidity Display(-15%—+15%adjustable) N �; j, �uG' U)I -Operation-On/Off -Mode-Auto/Cool/Dry/Heat/Fan Only ' CL U) -Occupied cooling and heating temperature setpoints t3 -Unoccupied cooling and heating temperature setpoints •7 day scheduling with mode mi > -Fan speed-Auto/Low/Med/High/Power 0 -Discharge vanes Auto/Swing/Fixed �I -Static pressure installer setting i/ p g , I O tional Accessories(sold separately): , PZCWRCG3-Group Control Cable Kit 1314 15 LO 0 PZCWRCI-Extension Cable(for IDUs without terminal blocks) i t' ,Mw'' - c^4I 0 ZVRCZPWC2-ZigBee° Pro Wireless Module3 0 ZVRCZDWCI-Wireless Door Window Contact3 Typical Indoor Unit ZVRCZMTHI-Wireless Ceiling Mounted Occupancy, 0 Temperature and Humidity Sensor3 TERMINAL lI)IIL M IIpN El ZVRCZWOCI-Wireless Wall Mounted Occupancy Sensor3 4 Tx RX CotTlpiariucaitiiorll 0 SEDCO2G5045-Wireless CO2,Temperature&Humidity Sensor3 5 1 1ItS D C a ZVRCZTRHI-Wireless Temperature&Humidity Sensor3 U ZVRCZWLSI-Wireless Water Leak Sensor3 d3flTutTldDt1' VCM8002V504-Wi-Fi Module(BACnet Wireless IP) 13, BACnet+ 14 ei Notes: .... 15BACnet Cau�ro.. cR� � 1.Available functions/features may differ based on connected system. 2.Communication cable can be extended to a maximum of 164 feet. Note:Terrnllnalls 1,2,3, 16, 17,anid 18 are unused.. 3.Up to 20 ZigBee®sensors can be connected to the MultiSITE CRC2 Remote Controller. 4.Must follow installation instructions in the applicable LG installation manual. BACnet®is a registered trademark of ASHRAE For continual product development,LG reserves the right to change specifications without notice. SB_MUItISITE_CRC2_PREMTBV© packet Pg. 721 LG Electronics U.S.A.,Inc.,Englewood Cliffs,NJ.All rights reserved."LG Life's Good"is a registered trademark of LG Corp./www.Ig-vrf.com Job Name/Location: East Martello Museum C.17.a Tag#: Date: f) M 1- 0 f) Dimen lions: 4. `°H x 3.39"W x 1.06"D 0 �- _ cN CN t3 4- 0 0- CL (0.� .. 3.39 ...�..�.....� t3 a I c5 CN I U E c5 For continual product development,LG reserves the right to change specifications without notice. SB_MUItISITE_CRC2_PREMTBVC2 2021 08 18 145646 ©LG Electronics U.S.A.,Inc.,Englewood Cliffs,NJ.All rights reserved."LG Life's Good"is a registered trademark of LG Corp./www.Ighvac.com Packet Pg. 722 Job Name/Location: East Martello Museum C.17.a --------------------- Tag#: r . D C Date: ® _ 4_'df " Q:aarsrt PO No.: f) M 1- (01-G U) Current Date --- ----------------- Current Time Occupancy Status a r Current Fan Speed Setting L , Occupied(Occ)or Unoccupied(Unocc) Operation Mode Status I„�, p Up Arrow 0 Raise Temperature Setpoint Room Indoor o Temperature Room Indoor ® e it I,{�,Il A �® °a �a w tl tl Humidity Down Arrow I Room Indoor ..... .._. - Lower Temperature Setpoint Col cN More ------------- Provides end user with access to less often used On/Offfunctions. Turn the display 0 on or off Fan Speed Set fan to Slow, Low, Low-Med, U U Medium, Med-High, High, Power, 4- Operation Mode Auto. (Available options depend Set Cool, Heat,Auto on IDU model.) Set weekly C ScheduleCL Cool,Dry Heat, - � „ �, Fan, D mode o schedule Note: Long-press of the Fan °' Speed button when in cooling Note: Pressing and holding the Short Network Message mode triggers Power Cooling Operation Mode icon takes the user mode. If in Power Cooling mode, to the Operation Mode page. segments surrounding fan icon U)I turn purple and the text changes from"Fan"to"Power Cool."This mode lasts for 30 minutes with a f) setpoint of 64°F and then reverts U back to the previous fan speed and setpoint. Horizontal Anglles(Typical) EI RecornrTiended installation 'Transverse niotiom 4-5 ft/s/1.5 r n/s � height for PIP sensor: as 4 -5'tt./1.2 1.5 rn qp ""^w Vertical Angle(Typical) �I cN Sensor Ranges - a fit'. ✓6.1m 4 " 11 ft, / 3A it A Center .... .. ... 20 U Center For continual product development,LG reserves the right to change specifications without notice. SB_M u It1S ITE_CRC21p RE MTBV ©LG Electronics U.S.A.,Inc.,Englewood Cliffs,NJ.All rights reserved."LG Life's Good"is a registered trademark of LG Corp./www.Ig-vrf.com Packet Pg. 723 C.17.b BOARD OF COUNTY COMMISSIONERS County- of' Monroe Mayor David Rice,District 4 ti Mayor Pro Tem Craig Cates,District 1 qp The Florida➢�'i Keys ..� ` ;� Michelle Coldiron,District 2 �,. Vacant,District 3 0 Holly Merrill Raschein,District 5 Memorandum CN DATE: 04/01/2022 TO: BOCC Kevin G.Wilson, P.E. U FROM: Kevin G. Wilson, P.E. ,P.. a,-'° - 2022.04.01 10:00:41 04'00' 0 SUBJECT: Proposed Change Order to be Approved CL CL U) Attached is proposed Change Order#1 for the East Martello Museum Window and HVAC Upgrades project. This change order increases the final contract sum by$13,885.55. The substantial CL completion date is unchanged. Monroe County Ordinance 027-1998 and subsequent amendments provide authority for the Administrator to approve change orders within specified limits after providing Board of County Commissioners with at least 24 hours to review them and pose any questions or objections that they 0 may have. It is the Administrator's intent to approve the attached change order under that authority on Monday, 0 April 4, 2022. U) M 0 E U E c� Packet Pg. 724 MONROE C(,)[.JN"�ry/ENG�[N�E�E,R,�l�NG/� PR,O � CT MANAG .� NT JE EME (.7ONTRACT (.711ANGE ORPER. RRO.PEC F F11 F"I E: �IEast IIMIairtello IIMIIuseuirurlu Whindow aind IIFI C it Ipgrades QH III :IxE aC IICa IICIIICm:;;IlCa III O: 01 HVI FIIA FION I)A FIE: 0312912022 COC M FIRAC F` I)A FIE: 1012012021 CN F"O arm ark III FIR AC FOR: Sea F`edhi of Chile Floihid eys 131 IIPalloiriiiiiino Hoirse F`irail 0 Rig IIC iihine IIKey, IIF11 33043 Fhe C.oirirtiract i,,3 chainged a,,3 1dHow,3: U Fha oiri1iiri4l gg�[Ei) (Guairainteed Maxinnuirin Price) $221,515.0() 4- 0 t,Jet chainge Iby l:)ireviowdy authoirized (1hainge Oirdeim $()' oc) rir Giritd i iri i i )irio $21,51 Fhe Sin , g 0 CL Fhe (�'.griijEggt Sgirin) (Guairainteed Maxinnuirin Pirice)wi l be (iincirew3ed) (de cIre a,,3ed) CL (unchainged) Iby thi,,3 C.hainge Order .......... $13,885.55 U) Fhe new (S'.2flit�[gq!gg�[E�) (Guairainteed Maxinnuirin Pirice) iincAudiing thi,,3 C.hainge Order i&, $235,400�55 Fhe C.oirirtiract 1C..iilrlr e wifll Ibe (iincirew3ed) (decirea,3ed) QjfliqI igflUed) Iby 0 dap Fhe date of Sub,,3tairirfl4l C.oirriq:Aefloin a,,3 of the date of thi,,3 (1hainge Order i,3, 07/15/2022 CL U Detaflled de,,3cirillAioin of chainge oirdeir aind ju,,Aificafloirv: ZL2 QLaclinal cot-),,.,,ti't iction document's, mgyimd ielocating 22�hslting 22�Libit t"ack!Lztl!aan Rie 22�klfilg!YgMm hs, cogoded and not ieusable, Thhs, change oalei,hs, iegu2,st.ed bZ the conti'actoi,to insIall, new ti'ack ijgtjlat2g in the 2! ct wea and t gat Linit g larla2L to keeL con,,.,,h.,,tent The subsIantial com2t2tion date hs, unchang2�22�mmins, 0//1�V2022 0 !f)22g2 g!,dew,is 6 2 7%0 of o[jginal conti'a ct 26!22, E Mot valhid i i e t U) .2 V i d 3/29/22 ARCI HI FEC, F: as Beindeir aind A,,3,,3( �5,,:hitec1,3 Date C'Ot,J FRAC, FOR: 3/31/2022 U) m Ioirida IKe,� 3 �Date w ea Fech of tEi# Digitally signed by Judith Clarke,P.E. DEPAR FUEtJ FUHREC, FOR: Judith Clarke, P.E Date:2022.04.01 08:43:10-04'00' 0 C.airy IKIrrliilllhl Date E �Pir Kevin G.Wilson,P.E. 2022.04.04 15:13:36-04'00' ("OUt,J FY/AS&IS MtJ FAE)UltHS FRA FOR: Roirinain Ga,3te,3i Date Keviin Wfll,,3oin U E Packet Pg. 725 "III harige per, I 15 C.hainge Oirdeir was Inot lilrcluded lilrl the oirigiin4l cointiract slW)ecificafioins, Yes tJo I f Yes, exW)hinatioirv: Fhe coinstiructioin docuirineints caflled Moir r6locatiing existiing tirack Ilighlkulrlg, It is corroded am ind Ibeyoird its useaUle Illife, cil! 0 C.hainge Oirdeir was lilrla.11usded lilrl the oirigiinM slw)ecificatioins, Yes tJo If Yes, expAainatioin of Illrla irease Illrl �:)irice: u 4- 0 76 0 C.hainge Oirdeir exceeds $50,000 oir 5% of cointiract W�)irice (whicheveir is gireateir), Yes tJo CL CL If Yes, exlAainatioin as to why Iit is notsubject foir a caflliing foir bids: U) CL Piroject airchitect alW)l)iroves the chainge oirdeir, Yes tJo u If no, ex�Aainafioin of why: C.hainge Oirdeir Iis conrectiing ain eiriroir oir oirinissioin Iiin desigin docuirineint, Yes tJo 0 ShoUld a clairin undeir the alW)lWAicaUle W�)irofessioin4l Iluablillliky W�)dlicy Ikea rinade? Yes I I tJo Z E ExIWAaiirv: Illrteirin4l conrosioin was oindy discovered duiding the equi )irineint ireirinova l W�)irocess, U) .2 U) m w 0 E u E Packet Pg. 726 IIIncdvl 01F 'I'l-IF F11 ORIDA KFYS ��AESGIN BUH]D C(M �RAC (H�RS 0 M,,,tr(,.,h 22., 2022 Monroe County Public Wor -s & F"ngincefing Project Management Depaftment Office: (305)295 4338 ON Cell: (305)850 8124 Attn: Rob '"hidor., Contnact Mamagcr zsr )I e: I�',as t Madc, o I I V A C &", Wu'n dow p roj ex.,t u 4- 0 SubJect Chan j)'e, 0 rde,r//0 1 Rephacv, 'Fnacl 0 We h(-,R-,b)! propofic to flurm'sh matcm',ahi., cquI'pTjcnt and perfiorm the habor ncc.,csfiary to R-'Phac'c' the CL CL Nflogen It cl hj)htI'nj,)'xv�'th lAdD tnacl hghbng In the flap'o G,aHery, ............................................................................................................................................................................................................................................................................................................................................... U).... COIN TRACTOR IEXI IEINSIES/11)111GIIECT'COSTS Umil 11 5% 5% 1111 EIM DIESCIR11 111 1101M U011MI (111 Y PIRICIE SUB 11 11 AIL(S) C/1H 5%1 111 G 11111 11011AILS CL Sea Hedh SullparliMandeinf 11111111 0 $611WO $0,00 $0,00 $0,00 $0,00 u $0,00 $0,00 > M $0AX) $0,00 $0,00 $0AX) ........................................................................................ ......................................................................................................................................................................... ................................................................................................................................................................................................................................................. TOR WORK U1411 1 5% 5% 0 11 FIEM 11)[SCIR111?I U01MI Q1rY PIRIGIE SUB 1 0/11 5%1 MI G MI I I Wmirshoire I'm1place i II IgInf ilinry!!in IIHIrn H1. 115 '1 $11r'Iwo'oo $11r'Iwo'oo $216,00 $11 u,196,00 E 0) Wmirshoire I'm1place Hlr uu:lk I(yInf ilinry!!in lurn H2 115 '1 I'm1place i IIII&Hlhnriiln&H!!in IIHIrn 3 .2 Wmirshoire PA 1 15 '1 $`1'88o'oo $`1'88o'oo $M'00 $11uj'm'oo 11)(miud(Rmlocaf!loin of H i Wmirshoire IfyInflinry!!in oiriglinall pirollposaIL) 115' H. $300,00 $300,00 $300,00 U) m Subtotall $1 '01 0 00 w ................................................... .................. .......... ........................................................................................................................................................................................................................... ................................................................................."1 0 BOINID E 0) 1111 EIM DIESCIR11 111 1101N 11011AILS III PA III Boind(��j 2,11a% $2211wiu Subtotall $225 05 0 cm Overhead af I'u% $0,00 u Pirofif our I'u% $0,00 4i 9= Mainaryeirneinf af a QI IQJ uQl 0) E axes $0,00 ..................................................................................................................................................................................................................................................................................................................................................... C111AIN4'HilE ORIDER GRAND TOTAL $13,885.55 I Packet Pg. 727 AH c.,osts to provide the chwgw; as descrINNI in this chwurnent ni to be, c.,orrjpk-,tcd in a subsbantr,'fl 0) xvorl�rn,anfihe rnanner fior the surn ol�, :E 0 I. AC Eight lluivudre(l Eighty Fkv n n d 55M 00 IN41am. I 3AR555 Payment I AjH upon completion. Anrr aheration or deviation frornabove specific,"Ition's invoh!rng extra costs wiH be executed onl� upon written CN orders and wifl beconw an w3ra chaqq:over and We Ow estirnate, aukhril,or WyR Njwd our confroL (Wer to car, ire, lonuxh)and other mwemar% u'nsurance upon above worb. Worbers Gieneral I AbHhy irawratwe on Qnv worb wiH be tailen out b ',,;],',A T] L, 0 INC Note - This pviu"o>Il os audI mallbe vvithdSjjWrmu 1byr UJIS if 110t VIIICCC�[ANJ Wriflhmlhu 30 (IllyrS AmurrANUK(MR PR(M4)SA)Ill.a Uw Awe pAmn RKWcadonsaFid conditions are Rafisfaclory ;UKI an:hereby accepted. YK an:audwrized to do > Ow mns 8weified- )Flaw rulent AviH be rnadeas outfinedabove. 2 CL CL U) CL Ible U X 0 E U) 2 0 w 0 E 0 U E cm Paqu 2 of 2 I Packet Pg. 728 N ears 1"iioire � � aU�����I � 1����uur �� ............. ........... NECI 3M A 186 0 0"wer:Sealech Scope qf' Work Mone: (305)304 8406—E limlail. 1?�ollnl lob#210802 m 1W Il'rqject: Track Lighting at l.,,xhibil Rm'"V 14 lk 1)2 robed (n I"rqjecf Addrevs: 350/S Roosevelt BhYd 'onfiden lial M Ke i y Wevi, Fl,33040 C14 NMI I I 1,12 0 do all concemed, 'W We we ound W oMxyam ow pMm&d Rm-Te clechud�N:orl,rexpnred at 3501 S lRoosevellt 13111vd at Fast Mairte,1111110 MnAseminni in Kcn!West Flodda All aN:orl,pefl'onnex.]by tlearshore, hic shall con fonn to ctirn.nit codes-, M regiflations-,and proAcct All�N:ork peflonnex]Ana!tlearshore,El.,,ctnc-,hic shall lx,,�N:arnmtex] deco apenod U M one ym I be Mow,ku&dom dmmhN the A"s as x"um;It NumlondlxV,Ne shall AmwWo as 4- 0 xN:cll as anY exchision fi-on-n otir scope,and aN:ork 0 INCLUDED IN BASE BID- hmm 62 M 101,26 lhtloj„cnil'rack h#ht and I TramAonners(pve,to KWAIV,;path spareparts) 4 Provide/histall 21 and Black Track and 12 1 Ad)AnWe Ann I bwk LWM FmWm0ExhTh dam N) 20 Provide/histall 16 and Black Track and 9 M)Anj#k,,Ann'Frack hjht Fixttm.,,s(E'xhibit dam 82) Provide/histall 8 and Mml'Rml as 6 CN)AWle,Ann'Frack hjg,ht Fixtim.,,s(E'xhiNt kn-n#3) Provide/histall 8 and Mml Aml as 6 CN)AWle,Ann'Frack hjjtt Fixtim.,,s(E'xhibit kn-n #1) U Worl,',(.,,rs Con-q)/G(.,,n(.,,nd habilitly Insin-ance, > Taxes/Warnmih! X EXCLUDED FROM BID. 0 Tlow; Qf! SmiVeRMin-anup; BmndimiHM,and(Imuh 140mrs inchided in this proposal E Bid SaAinninnallr)': .2 PCO I———————————————— 13,310MM ExIlhillAt Rini#1 S 5,520MM Fxlhi11fntIRinn#2 SZT0A) FAM Ran i N14 S 4jM0 Deduwt(Mocation or Tmck I MUNg 4 FUM ph m N2 riunmmluded in orlon al IlnriiM.. S —2010 W We propose,to kinnsh imnedal and labor-,con-q)]e4e,in accordance,aNith the above,sIx"cifications-,for the hm-q)smi-n off`.� 0 E Thirteen Thousand Ten Dollars and 00//00 ...................S 1101a,90 as AtAhodzed 'Sugnafture Date "d1112022. 0 Ked n Adanm—I WhmMr as 11iroplImpsall is gopopol Rpir 30&"mW term sAWA W h"mm dw W(DUD 19 m M L�m�g§�fill Doi OEM 1214 hmsnoof Am maludsaw pm&ds to usm md WwAod in U fho conshichon of fhis pmlocf;m"mum Wmaukt MWA m ApmK Oyu sApd 5 pno mmmms It b ammummos NNmd ho confml of fho confi-Ocfor, rabdng Tm C(AAD 19 p ammo ms.4 a symMod pHYA m wmMAb m ApmV m dolopa mWmW Idl pmWo wmm"mke md Amus OhGA wmud him OW momm wodmts nmys cmdoad If hav m ammmme m pno A mawQas E oq�iipmoW cn pm(%cfs -xftoon Im&W A hs=ME md Mo him wNm Tm phs mody fonmOhMn A Tm affodd ma[om"L ho mmud of M Mm=ME AN h samamd N)mN2[ho MdAd W 5 olMn fVrna rrm afc,ri alwk.Imrcmvicdiacd hW Tm amMcW gm%ho ommNymul amkmb \m-fton nofice Ond douimonfOhon of fho incl-oOsed cous W Avow v#S—(~umh h1m d— P1—33 04 0— 11WHU (3WO 201 399 1 — F„n x (30�;)29 1 3 013 — Nu„ra r4 oyv(d�]'rCl ISMF0 L IM11 V' I Packet Pg. 729 GlAb . UWkw1F 'A., b:1� G.A�F[03 qaOl J `g wGG1 III q f2� or N1II1 II M) 11aVa II I10IM,V1a1} MOCUTIM(M - 0 II II ..N JL.H III IL G 3 r ic ,,,. I'Dr� ,G ( I A N fir.. ��am+�¢r ra s ai fiiy^a tM p dS 0 TO oil µm 01, AR 92 M Nis.;.v mad 92 "M .;KK, k a a r F bilc, bill a r.w � U a 01, Ri � ;r IrR k*H 11 jA i 883 xm rr r � ,,, a wpm L a F � "• r, � r xn.� ur � "� n,� �s�,r� is � I lot PPF.q<"2 �,." 0 rrs"a \ v i p E Cyr all i ;�,r� rq� �waa� a� I��"n 61 Packet Pg. 730 C.17.b �''�''IIII"'IIIIIIm,��IIIIMn'ml III'I'll&IIII�' �'��I"IIII"�Ill�mt. 'M"'m11111 rill fff C14 GJIJNII r r e�pM�ge up cllncmoc°c.iia°u cm r «+ ,r,rl,xrllxY� h��� � � ��Y1NflfV �njlh np"nllcn ir iic llc.s�do nl n�nll aunncm of Ncc ures ,u �ir.settings,'p hic;r Il irc c t rqAacernient for 75 Wall:kiicancudesccnnt vcirsatflfly of p:llhnese fixtures cmla,ull es p:llnccrn idccaull for Uses ordly 12 Mflis use kii au vaidety of aup"np"nlHcanp uon usm p:llhnc y a ire idcnaull for 0.0.4 m annnd 36 Ihncna r n angl lcs > use a s Ikfli cllncn tirancllc Ilfgllhnli ng aus wd aus kii au ganira ge, a IDfirnirna by le CL clloset auc°ucm naurml.f eir work spaces nmalhnc iron you mend 0 3000K CL good cmveira H coverage. a 90..11..CRIII Il...cmn g Ilufc.30,000 Ihours Sleek,Idc dlcnaucu dc;^siig n e Me cast construction CL ...year nmaaniriranc°t � U 0 r��ra�l 0 /` r ' it Jr mm m w 0 E mm.. uaaiv»III VII IIII' upmuu llll�m urulr ml "III IIV IIII I III ., IIII°°l IIII And Iii ml :liii lllle I1°IIr .IIV� III" � m .uloldic Seaiiic h Code: °m.m 05,14 nnr 11 � � 1 1 f I 1!llllllll II I II !I(( J ll I J1! 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Hanco k, .C. SUBJECT: October 20te BOCC Meeting Attached is an electronic copy of the following item for your handling: D 16 Contract wide SeaTecli of die Florida Keys, Inc in the amount of$221,515.00 for the construction of the East Martello Window&HVAC Upgrade Project.This project is funded - by a Tourist Development Council Grant. 0 Should you leave any questions please feel free to contact me at(305) 292-3550. c� i x i c� 0 c, c, U) 0 0 0 cc: County Attorney Finance File c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 31.17 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305-1 Packet P�732 C.17.c U) Agreement 1- Between Owner and Contractor n Where the basis of payment is a STIPULATED SUM 0 0 AGREEMENT Made as of the 20' Day of October 2021 BETWEEN the Owner: Monroe County Board of County Commissioners c1! 500 Whitehead Street Key West, Florida 33040 And the Contractor: Sea Tech of the Florida Keys, Inc. 131 Palomino Horse Trail U 4- Big Pine Key, FL 33043 0 0 For the following Project: EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES c� c� Scope of the Work i The Contractor is required to provide a complete job as contemplated by the drawings and W specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, 0 unless otherwise specifically stated. U U 1. The intent of the Drawings and Specifications is to describe the materials and methods X of construction required for the performance of the work. In general, it is intended that the drawings shall delineate the detailed extent of the work. Drawings, Specifications, 0 and Contract documents are complimentary, and what is required by one shall be as binding as if required by all. 0 2. The Scope of Work shall include. but not be limited to, all work shown and listed in the Project Drawings. 2 3. As per drawings, remove current window and/or shutters with related hardware in the gun ports. Repair masonry as called for in the construction documents. Fabricate and install new windows as identified in the construction documents. Page 1 of 18 c� Packet Pg. 733 C.17.c U) M 4. As per drawings, remove the current HVAC system. Fabricate and install new HVAC L_ system as identified in the construction documents. U) 5. Dispose of all debris off site in a legal manner. 6. Provide a 1-year parts and 5-year compressor warranty on supplied HVAC 0 equipment. 7. Contractor to provide one 3-ring Binder with all original device 4- specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the supplied HVAC LO0 equipment and one (1) digital copy in PDF format on CD/DVD. N ARTICLE 1 The Contract Documents U 4- 0 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda 0 issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of i the documents as just listed. X i ARTICLE 2 The Work of this Contract 0 U The Contractor shall execute the entire Work described in the Contract Documents, except to the U extent specifically indicated in the Contract Documents to be the responsibility of others, or as > follows: N/A U) ARTICLE 3 0 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. 0 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Eighty (180) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work Page 2 of 18 c� Packet Pg. 734 C.17.c U) of the contract or of specified phases of the contract shall be the calendar date or dates M listed in the milestone schedule. L_ 0 Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day N 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. 0 Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its U nature could not have been foreseen by such Party or, if it could have been foreseen, was 0 unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic 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 i contract disputes will not excuse performance by Contractor under this Section. Contractor shall X give County written notice within seven (7) days of any event or circumstance that is reasonably WI 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 U resume full performance under this Agreement. The County will not pay additional cost as a result U of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. U) ARTICLE 4 0 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 Two Hundred Twenty-One Thousand Five Hundred- Fifteen and 00/100 Dollars ($221,515.00), subject to additions and deductions as o provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A .. Page 3 of 18 c� Packet Pg. 735 C.17.c U) 4.3 Unit prices, if any, are as follows: N/A M 1- ARTICLE 5 0 Progress Payments 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. 0 c� 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. c- 0 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of �! Project Management, shall be used as a basis for reviewing the Contractor's Applications c� for Payment. i 5.5 Applications for Payment shall indicate the percentage of completion of each portion of W the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress 0 payment shall be computed as follows: U U 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less o 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 o indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for Page 4 of 18 c� Packet Pg. 736 C.17.c U) overhead and profit shall be figured on the basis of net increase, if any, with respect to M that change. L- 0 U) 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; o 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 0 4- 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. N ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and U 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 Payment) are required for Final Payment: c� (1)Application and Certificate for Payment i (2) Continuation Sheet X (3) Certificate of Substantial Completion Wi (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien o U (7) Contractor shall provide two (2) hard copies in tabulated divided binders and U 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: 0 A. Project Record Documents (As Built Documents). 0 B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. 2 D. Keys and keying schedule. Page 5 of 18 c� Packet Pg. 737 C.17.c U) E. Spare parts and maintenance materials. M 1- 0 F. Electronic copies of approved submittals. U) 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). 0 H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. 0 4- 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. cIN 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of U the General Conditions. - 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent < are withdrawn, this Agreement is terminated and the County has no further obligation It- under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. i 7.5 A person or affiliate who has been placed on the convicted vendor list following a X conviction for public entity crime may not submit a bid on a contract to provide any goods Wi or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public o U work, may not submit bids on leases of real property to public entity, may not be awarded U 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. o 7.6 The following items are included in this contract: o a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally 2 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 §200.333, if applicable, Page 6 of 18 c� Packet Pg. 738 C.17.c U) whichever is greater. Each party to this Agreement or their authorized representatives M shall have reasonable and timely access to such records of each other party to this L- Agreement for public records purposes during the term of the Agreement and for U) seven (7) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together o with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid by the Owner. 0 4- Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change cLN order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges U related to this Agreement, and all other agreements, sources of information and - matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative < and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, i verifying information and amounts through interviews and written confirmations with X employees, Subcontractors, suppliers, and contractors' representatives. All records Wi 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 o U determines that monies paid to Contractor pursuant to this Agreement were spent for U 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 o this Agreement. 0 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 2 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 Page 7 of 18 c� Packet Pg. 739 C.17.c U) County, Florida. The Parties waive their rights to trial by jury. The County and M Contractor agree that, in the event of conflicting interpretations of the terms or a term L_ of this Agreement by or between any of them the issue shall be submitted to mediation U) prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or o 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 4- be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. LO 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. cLN d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the U non-prevailing party, and shall include attorney's fees and court costs in appellate - proceedings. 0 e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective < legal representatives, successors, and assigns. It- f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary i County and corporate action, as required by law. Each party agrees that it has had X ample opportunity to submit this Contract to legal counsel of its choice and enters into Wi 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 o U is, empowered to apply for, seek, and obtain federal and state funds to further the U purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. U) h) Adjudication of Disputes or Disagreements. County and Contractor agree that all o disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still o not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive 2 the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. Page 8 of 18 c� Packet Pg. 740 C.17.c U) i) Cooperation. In the event any administrative or legal proceeding is instituted against M either party relating to the formation, execution, performance, or breach of this L- Agreement, County and Contractor agree to participate, to the extent required by the U) 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 Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. o 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 4- determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of cLN 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 §§ 6101-6107), which U prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment - Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health < Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, V- 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 i Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to X time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe Wi County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in o U any federal or state statutes which may apply to the parties to, or the subject matter U of, this Agreement. 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 o degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. o 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 2 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; Page 9 of 18 c� Packet Pg. 741 C.17.c U) unauthorized compensation; misuse of public position, conflicting employment or M contractual relationship; and disclosure or use of certain information. L- 4- U) 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 o 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 4- 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. LO 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 cLN former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise U recover the full amount of any fee, commission, percentage, gift, or consideration paid - to the former County officer or employee. 0 o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and i Contractor in conjunction with this contract and related to contract performance. The X County shall have the right to unilaterally cancel this contract upon violation of this Wi provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a o U prevailing party, be entitled to reimbursement of all attorney's fees and costs U associated with that proceeding. This provision shall survive any termination or expiration of the contract. U) The Contractor is encouraged to consult with its advisors about Florida Public Records o Law in order to comply with this provision. 0 Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: 0 (1) Keep and maintain public records that would be required by the County to perform the service. Page 10 of 18 c� Packet Pg. 742 C.17.c (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 L- within a reasonable time at a cost that does not exceed the cost provided in U) this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 0 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- (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 LO that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or L' confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that L) is compatible with the information technology systems of the County. - (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow T- the records to be inspected or copied within a reasonable time. c� If the Contractor does not comply with the County's request for records, the i County shall enforce the public records contract provisions in accordance X with the contract, notwithstanding the County's option and right to unilaterally Wi cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to 0 c, penalties under Section 119.10, Florida Statutes. U 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO 2 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 Page 11 of 18 c� Packet Pg. 743 C.17.c BRAD LEY-BRIAN@MONROECOUNTY-FL.GOV, W MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed 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, 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 le- as, authorizing the delegation of the constitutional or statutory duties of the County, �! except to the extent permitted by the Florida constitution, state statute, and case law. �! i s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the W terms, or any of them, of this Agreement to enforce or attempt to enforce any third- Wi 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 t0 inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 0 t) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, o and a Drug-Free Workplace Statement. u) No Personal Liability. No covenant or agreement contained herein shall be deemed 2 to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Page 12 of 18 c� Packet Pg. 744 C.17.c v) Execution in Counterparts. This Agreement may be executed in any number of L_ counterparts, each of which shall be regarded as an original, all of which taken U) together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum o 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 4- action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or cLN 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 L) 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 It- earlier termination of this Agreement. c� In the event that the completion of the project (to include the work of others) is delayed i or suspended as a result of the Contractor's failure to purchase or maintain the X required insurance, the Contractor shall indemnify the County from any and all Wi 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 o c, shall hold the County harmless and shall indemnify it from all losses occurring thereby c) 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. o The extent of liability is in no way limited to, reduced, or lessened by the insurance o requirements contained elsewhere within this Agreement. x) Section Headings. Section headings have been inserted in this Agreement as a matter 2 of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Page 13 of 18 c� Packet Pg. 745 C.17.c y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the L- County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of c the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform 4- contracts. The County and 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. 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 cLN identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. aa)Florida Green Building Coalition Standards. Monroe County requires its buildings to L) conform to Florida Green Building Coalition standards. - Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. bb) Independent Contractor. At all times and for all purposes under this Agreement, V- 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, i or agents to be employees of the Board of County Commissioners of Monroe County. X i cc) 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 utilize the U.S. Department of Homeland Security's E-Verify system to verify the work o c, authorization status of all new employees hired by the Contractor during the term of c) the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor o 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 o subject to the provisions of Section 448.095, Florida Statutes. dd)Entire Agreement. This writing embodies the entire agreement and understanding 2 between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, Page 14 of 18 c� Packet Pg. 746 C.17.c U) approved by the Board of County Commissioners, and signed by both parties before M it becomes effective. L_ 0 U) 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received _ by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. 0 Notice shall be sent to the following persons: c� For Contractor: Sea Tech of the Florida Keys Inc. 131 Palomino Horse Trail Big Pine Key, FL 33043 N For Owner: Director of Protect Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8 U Termination or Suspension 0 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. i 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other X party sixty (60) days' written notice of its intention to do so. W c� 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this o U Agreement for cause with Contractor should Contractor fail to perform the covenants U herein contained at the time and in the manner herein provided. In the event of such > termination, prior to termination, the County shall provide Contractor with seventy-two (72) U) hours' written notice and provide the Contractor with an opportunity to cure the breach � that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of g 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. o The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including Page 15 of 18 c� Packet Pg. 747 C.17.c the right to pursue a claim for violation of the County's False Claims Ordinance, located W at Section 2-721 et al. of the Monroe County Code. 0 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 0 the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 4- 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 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 U Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies 0 with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida �! Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida �! Statutes, are met. i ARTICLE 9 W Enumeration of Contract Documents ° c� 0 9.1 The Contract Documents, except for Modifications issued after execution of this U Agreement, are enumerated as follows: a) Drawings: Bender&Associates, Architects - construction drawings document & U) specifications document. � b) Project Manual: N/A 0 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. c 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. Page 16 of 18 c� Packet Pg. 748 C.17.c U) 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the M Project Manual dated: N/A L- 0 U) 9.1.4 The Addenda, if any, are as follows: Number Date Page 0 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. 4- BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW N U 4- 0 0 V- c� c� V- i X i c� 0 U U U) 0 0 CL M 0 Page 17 of 18 c� Packet Pg. 749 C.17.c U) ution"by the.Contractor must:be by a person with authority to bind the entity: G VRE OF THE PERSON EXECUTING"THE DOCUMENT MUST BE-NOTARIZED. -BOARD OF;COUNTY.COMMISSIONERS p evin-Madok, Clerk OF.MONROE LL �C4r„v BY: ,,�puty Clerk Mayor/Chairman Date (SEAL) CONTRACTOR'gsWitnesses.Attest: CONTRACTOR: Sea Tech of the.Florida :Keys-Inc. Contractor must provide two witnesses signatures Signature: - Signature: Print Name:. Robin Szmansky U Print Name:. Becky Deutsch Title:_.President 0 Date:_ / 30 6 2_(_ _ Date: 9W/2021 CL CL and Signature: cl all _..` Print Name: Thb as Deutsch Date: 1!2.(- J STATE OF Florida: ; COUNTY OF.'_ Monroe T-- 0 On this 30th day of September , 20 21 ; before,me, the undersigned'rsi notary U 9. ry puplic; U by_ means of ® physical presence or ❑ online, personally appeared Robin.Szmansky (name of affant)known to me to be the person whose name is subscribed above or who.produced Known as identification, and acknowledged that he/she IS -the, person who executed 'the above contract with Monroe county for EAST 0 MARTELLO MUSEUM WINDOW AND,HVAC'UPGRADE3 for the purposes therein contained: 0 Notary Public Becky L,DeutschCL CL Pdr •t Name Becky L - utsch NoTARYPUeuc STATE OF FLORIDA. 0 My commission expires: v2 ra,�? LA Seal '� o co n#GG962754 +. (Seal) Expires 2/26/2024 Page 19 of 18 Approved-as to form and legal,sufficiency* E Monroe County Attorney's Office 9-3042021ffAV ; Packet Pg. 750 EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) M W SECTION 00120 1- NON-COLLUSION AFFIDAVIT 0 U) 1, Robin Szmans,ky of the city Big Pine Key according to law on my oath, and under penalty of perjury, depose and say that: U_ I 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: East Martello Museum Window And HVAC Upgrades and that I executed the said proposal with full authority to do so-, 2. The prices in this proposal have been arrived at independently without collusion, CIN 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 0 3. Unless otherwise required by law, the prices which have been quoted in this proposal C M have not been knowingly disclosed by the proposer and will rot knowingly be disclosed a U by the proposer prior to proposal opening, directly or indirectly, to any other proposer or 4- 0 to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, 0 CL CL partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knV d,J e­e-s� id-proiect. 09-01-2021 W X (signature of Proposer) (Date) WI STATE OF lorida 0 COUNTY OF: MC)13rpe U U Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or 0 online notarization, on 09-01-2021 (date) 0 by Robin Smansky (name of afflant). He/She is personally known to me or has produced Known (type of identification) as CL identification. Becky L.Nutso NOTARY kALIC NOTARY PUBLIC STATE OF FLORIDA (S COMM#GG962754 My commission expires:02-26-2024 W Expires 2/26/2024 E PROPOSAL FORM 00 120-Page 30 of 218 Packet Pg. 751 EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) M W LOBBYING AND CONFLICT OF INTEREST CLAUSE 1- 0 SWORN STATEMENT UNDER ORDINANCE NO. GIO-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 5Qa TeQh,of the Florida Keys Inc. (Company) en warrants that he/it has not employed, retained or otherwise had act on his/its behalf any N former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 0 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability 0 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 U County officer or employee". 4- 0 0 CL CL (Signature) Date: 09-01-2021 C14 Q C14 Q V-1 W STATE OF: Florida X W COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or 11 online 0 U notarization, on 09-01-2021 (date) U by Robin Smansky (name of aff iant). He/She is personally 0 known to me or has produced Known (type of identification) as identification. CL Becky L-Deu" 4 0 NOTARY PUBLIC NOTARY(FhBLIC STATE OF FLORIDA Comm#G0962754 My commission expires:09-01-2021 Expires 2/26/202,4 W E PROPOSAL FORM 00 120-Page 31 of 218 Packet Pg. 752 EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) M W DRUG-FREE WORKPLACE FORM 1- 0 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, U_ 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 4- 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 N 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 0 on the commodities or contractual services that are under proposal, the employee will abide by the 0 0 terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo a M contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of a L) the United States or any state, for a violation occurring in the workplace no later than five (5)days 4- after such conviction. 0 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or 0 CL rehabilitation program if such is available in the employee's community, or any employee who Is so CL convicted. 6, Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify t this firm complies fully with the above f W requirements. X W K)l Propq�er's Signature 0 09-01-2021 U Date - < STATE OF. Florida > U) COUNTY OF. Monroe 3: 0 Subscribed and sworn to (or affirmed)before me, by means of N/Physical presence or El online notarization, on 09-01-2021 (date) by Robin Szmansky (name of want). .2 CL M He/She is personally known to me or has produced Known (type of identification) 0- as identification. .2 Becky L.Deutsch NOTARY PUBLIC STATE OF FLORIDA IqOTARY PULIC W Cnrnm#GG962754 02-26-2024 (SEAL) My commission expires: Expires��2LV2024 E PROPOSAL FORM 00120-Page 32 of 218 Packet Pg. 753 EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) M W LOCAL PREFERENCE FORM 1- 0 A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. U) 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Sea Tech of the Florida Keys Inc. Date: 09-01-2021 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated u- at least one(1)year prior to the notice of request forbids or proposals? Yes (Please furnish copy.) 0 2. Does the vendor have a physical business address located within Monroe County from which the vendor 4- operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County?Z_e�.. (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bid or proposal.) List Address: 131 Palomino Horse Trail, Big Pine Key Florida 33043 C11! Telephone Number. 305-872-0888 0 0 B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? No L) If yes, please provide: 4- 0 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated > at least one (1)year prior to the notice or request for bid or proposal. 0 CL 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: CL (The physical business address must be registered as its principal place of business with the Florida (N Department of State for at least one(1)year prior to the notice of request for bids or proposals) Q C14 Tel. Number W Add 7 S X s W1 L President Print Name: Robin Smansky Signature and Witle of Authorized Signatory for Bidder/Responder 0 U STATE OF: Florida L) COUNTY OF: Monroe U) 3: Subscribed and sworn to(or affirmed) before me, by means of physical presence or 0 online 0 notarization, on 09-01-2021 (date) by Robin Szmansky .2 (name of affient), He/She is personally known to me CL or has produced (type of identification) as identification. .2 Becky L.Deutsch -Du Q NOTARY PUBLICcc NOTAkY- PUBLI 11v STATE OF FLORIDA W Cn-rng GG962754 (Z�'11- e .oes 2/26/2024 My commission expires-02-26-2024 E PROPOSAL FORM 00120-Page 3 of218 Packet Pg. 754 EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) M W PUBLIC ENTITY CRIME STATEMENT 1- 0 U) "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 0 entity, may not submit a bid on a contract with a public entity for the construction or repair of a U_ public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under 0 4- a contract with any public entity, and may not transact business with any public;errtity 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 N thirty-six (36) months. 0 (§gnaturel� U 4- Date: 09-01-2021 0 0 STATE OF: Florida C14 Q COUNTY OF: Monroe V-1 W X Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or 0 online W I notarization, on 09-01-2021 (date) 0 U by Robin Szmansky (name of affiant). He/She is personally U known to me or has produced Known (type of identification) as U) 3: 0 identification. 0 CL NOTARYP�613LIC M (L *EA 4)cky L.Deutsch My commission expires:02-26-2024 .2 NOTARY PUBLIC STATE OF FLORIDA Comm#GG962754 W *cr Is Expires 2/26/2024 E PROPOSAL FORM 00 120-Page 34 of 218 Packet Pg. 755 EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES W VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS 1- 0 U) Project Description(s): East Martello Museum Window And HVAQ Upgrade Respondent Vendor Name:Sea Tech of the Florida Keys Inc. Vendor FEIN: 65-0126213 U_ 0 Vendor's Authorized Representative Name and Title. Robin Szmansky, President 0 Address: 131 Palomino Horse Trail 4- city: Big Pine Key State: Florida -zip: 33043 Phone Number 3Q5-8Z2-0888 Email Address: robins @se ate ch,cc .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or N entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 0 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which U 4- were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or 0 Syria. > 0 L_ As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified CL CL above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that < Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on T_ either the Scrutinized Companies with Activities in Sudan List, the Scrutinizec Companies with Activities 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 W subject company to civil penalties, attorneys fees, and/or costs. I further understand that any contract with x W the County may be terminated, at the option of the County, if the company s found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized 0 Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations U in Cuba or Syria. U X U) Robin Smansky 3: Certified By, who is authorized 0 to sign on behalf of the ab refer ad.cpmpany. Authorized Signature:_ 0 Print Name. Robin Szmansky Title: President .2 Note: The List are available at the following Department of Management Services Site: as ............................ ...... ....... E PROPOSAL FORM 00120-Page 35 of 218 Packet Pg. 756 C.17.c East Martello Museum And HVAC Upgrades cu 1- 0 U) SUBCONTRACTOR LISTING FORM Ph#w/ Division Subcontractor Contact Person area code Fax: Address Thomas 08 TEM Environmental McKechnie 305-414-8290 305-453-6917 PO Box 6396 Stock Island Fl. 33040 0 4- 16 Nearshore Electrical Inc. Jeffery Kirk 305-294-3991 305-294-3043 5680 1st Ave Stock Island Fl. 33040 07 Austin Historical Jodi Rubin 689-777-8332 2117 S. Division Ave Orlando Fl. 32805 c14 U 4- 0 0 CL CL c� c� I X I c5 0 U U U) 0 CL M PROPOSAL FORM 00120-Page 36 of 218 Packet Pg. 757 C.17.c EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) M SECTION 00130 1- INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES c General Insurance Requirements for Construction Contractors and Subcontractors c Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not U extend deadlines specified in this contract and any penalties and failure to perform assessments 0 shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except X 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, U either: U Certificate of Insurance or A Certified copy of the actual insurance policy. U) 0 However, the Contractor shall provide to County Project Management a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, g exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned c property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance .. policies required by this contract. c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 218 Packet Pg. 758 C.17.c EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) All insurance policies must specify that they are not subject to cancellation, non-renewal, material M change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given L_ to the County by the insurer. U) The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. ,c c The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 0 4- 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. c� U 4- 0 0 CL CL c� c� i X i c� 0 U U U) 0 c CL M c c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 218 Packet Pg. 759 C.17.c EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) WORKERS' COMPENSATION W INSURANCE REQUIREMENTS 0 FOR U) EAST MARTELLO MUSEUM WINDOWS AND HVAC UPGRADES 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. c� In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee 4- 0 Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be `� required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. X If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. W i In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 0 U U U) 0 c CL M c c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 218 Packet Pg. 760 C.17.c EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) GENERAL LIABILITY W INSURANCE REQUIREMENTS 0 FOR U) EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES 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: cN • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability U 4- 0 The minimum limits acceptable shall be: 0 $500,000 Combined Single Limit c14 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. i In addition, the period for which claims may be reported should extend for a minimum of twelve X (12) months following the acceptance of work by the County. WI c� The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. U U U) 0 c c c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 218 Packet Pg. 761 C.17.c EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) VEHICLE LIABILITY W INSURANCE REQUIREMENTS 0 FOR U) EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES 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, liability coverage for: N • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) U 4- If split limits are provided, the minimum limits acceptable shall be: c $200,000 per Person $300,000 per Occurrence $200,000 Property Damage c� The Monroe County Board of County Commissioners shall be named as Additional Insured on all �! policies issued to satisfy the above requirements. i x i c� 0 U U U) 0 c c c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 218 Packet Pg. 762 C.17.c EAST MARTELLO MUSEUM WINDOW AND HVAC UPGRADES U) M PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT 1- INSURANCE REQUIREMENTS U) Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $5000,00 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability N Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: 4- $200,000 per Person c $300,000 per Occurrence $200,000 Property Damage Builder's Risk: Not Required Limits equal to the full replacement value of the completed project c� The contract shall require a Public Construction bond equal to the contract cost. The bond must i be issued by an A rated surety company doing business in the State of Florida. The Contractor W shall provide a certified copy of the recorded payment and/or performance bond to the Owner Wi pursuant to Fla. Stat. Sec. 255.05. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance U requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and U 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 c 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, g CL 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 c 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 to Fla. Stat., E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 218 Packet Pg. 763 SEATE-1 C.17.c ,acoRo` CERTIFICATE OF LIABILITY INSURANCE DATE( `—� 10/28/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ M REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. UJ 1- IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed 0- If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-741-7373 NAME CT Rebecca Horan Keys Anchor Insurance Agency PHONE 305-741-7373 FAX 844-269-7923 Rebecca Horan (A/C,No,EXt): (A/C,No): PO BOX 420308 E-MAIL Summerland Key, FL 33042 ADDRESS: Rebecca Horan INSURERS AFFORDING COVERAGE NAIC# INSURER A:Kinsale Insurance Co 38920 INSURED INSURER B:Continental Casualty Company 20443 O SeaTech of the FI Keys Inc 131 Palomino Horse Trail INSURER C 7 Big Pine Key,FL 33043 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; N CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDTYPE OF INSURANCE INSD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000, CLAIMS-MADE X OCCUR 01000816181 03/01/2021 03/01/2022 DAMAGE TO RENTED 100i � X X PREMISES Ea occurrence $ ' (� E MED EXP(Anyoneperson) $ L) Approved Risk Management PERSONAL&ADV INJURY $ 1,000, GEN'L AGGREGATE LIMIT APPLIES PER I J y'., GENERAL AGGREGATE $ 2'000'1 PRO- > POLICYEl JECT1:1 LOC } �Lj:}a"t p ti„,max PRODUCTS-COMP/OP AGG $ 2'���'� 0 OTHER: $ CL AUTOMOBILE LIABILITY - - COMBINED SINGLE LIMIT I Ea accident $ _ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ t1+1 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ UJ EXCESS LIAB CLAIMS-MADE LAGGREGATE $ x UJ DED RETENTION$ $ UI B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 46-885792-01-08 03/01/2021 03/01/2022 E.L.EACH ACCIDENT $ 1,000" OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000" If yes,describe under 1,000" L) DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Commercial Applica U) O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Contractor License CBC-1259331 Project- East Martello Museum Window and HVAC Upgrades Not subject to cancellation, nonrenewal, material change or reduction in coverage unless a minimum of thirty (30)days prior notification is given c to the County by the Insurer �- CERTIFICATE HOLDER CANCELLATION MCBCOU1 UJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI , Monroe Count Board Of Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II 4i y y ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whithead St AUTHORIZED REPRESENT E Key West, FL 33040 Rebecca Horan ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 764 ® I FDA�TE C.17.c ACORO CERTIFICATE OF LIABILITY INSURANCE Ill 10/28/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: , BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed 0 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI v) this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 646 United Street, Suite 1 A/C No Ext: 305-294-1096 vc,Noy 305-294-8016 Key West FL 33040 ADDRESS: O INSURER(S)AFFORDING COVERAGE NAIC# LL License#:L100460 INSURERA:Travelers Casualty Insurance Company of America 19046 INSURED SEATECH-02 INSURER B: O Sea Tech of the FI Keys, Inc. PO Box 420529 INSURER C: Summerland Key FL 33042 INSURER D7 INSURER E: (� INSURER F: COVERAGES CERTIFICATE NUMBER:207662661 REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; N CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED � PREMISES Ea occurrence $ � Approved Risk Management MED EXP(Any one person) $ / s i PERSONAL&ADV INJURY $ 4- 0 GEN'L AGGREGATE LIMIT APPLIES PER: js�; ,,a rdd.C, GENERAL AGGREGATE $ - POLICY PRO- LOC PRODUCTS-COMP/OP AGG $ > L_ OTHER: CL 11-22-2021 $ A AUTOMOBILE LIABILITY Y BA8L470574 3/1/2021 3/1/2022 COMBINED SINGLE LIMIT $1,000,000 CL Ea accident X ANY AUTO BODILY INJURY(Per person) $ `tl' OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident t°e1 $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ X DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ O If yes,describe under L) DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ L) U) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) O Not subject to cancellation, nonrenewal, material change or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the Insurer O Project-East Martello Museum Window and HVAC Upgrades O CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 500 Whitehead St Key West FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 765 Doc#2350639 Bk#3140 Pg#767 C.17.0 Recorded 11I30f2021 10:52 ",M Page 1 of 9 Bond No. 6021349263 Piled and Recorded in Of1"icial Records of MONROE COUNTY KEVIN A.DOK,CPA M 1- 0 Doc u ment A3 2 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (avame,legal status and principal place of business) Sea Tech of the Florida Keys, Inc. United States Fire Insurance Company 131 Palomino Horse Trail 305 Madison Avenue This document has important legal Morristown, NJ 07960 consequences.Consultation with m Big Pine Key, FL 33043 Mailing Address for Notices an attorney Is encouraged with respect to its completion or to 305 Madison Avenue modification. OWNER' Morristown NJ 07960 Any singular reference to (vam ,e,legal status and address) Contractor,Surety,Owner or cat other party shall be considered Monroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: October 20, 2021 Amount:S 221,515.00 Two Hundred Twenty One Thousand Five Hundred Fifteen Dollars and 00/100 C Description: 0 (Name and location) CL CL East Martello Museum Window and HVAC Upgrades c1t c1t BOND Date: November 18, 2021 i (Not earlier than Construction Contract bate) x Amount:S 221,515.00 Two Hundred Twenty One Thousand Five Hundred Fifteen Dollars and 00/100 Modifications to this Bond: ® None See Section 16 C CONTRACTOR AS PRlNC`VALt t t I't,®`® SURETY U Company: �® CO J5eao Company: (Corporate Seai) Sea Tech of the Floridb5�li /�^r' ."� United St e Instlraf ompany t . 0 signature: w sign Name ' ` Name Josep P. N elso and'iitie: ® , 1` j`: and Title! Attorney-in-Fact CL CL rttttt4tit�t C Ony additional signatures appear on the last page of this Petformance Bond.) (FOR INFORAL4TION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Architect,Engineer or other party.) 15050 NW 79th Court Miami Lakes, FL 33016 305-722-2663 m S-18521AS 8/10 Packet Pg. 766 U) M W §1 ne Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 0 U) §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .2 ILL .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within rive(5)business days after receipt of 0 4- the Ownces notice,request such a conference.If the Surety timely requests 3 conference,the Owner shall attend.Unless the Owner a agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the teens of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. C14 §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition 0 precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. 0) §6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: a U 4- §6A Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; 0 0 6.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; L- CL CL §6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owncr and a contractor selected with the Owner's concurrence,to be CN secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to 6 the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the C14 Contractor Default;or W X §6.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the W circumstances: L) A After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 0 L) L) §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond > seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this M Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the U) Owner refuses the payment or the Surety has denied liability,in whole or in pan,without further notice the Owner shall be entitled to enforce any 0 remedy available to the Owner. 0 CL 0 W 4i E S-I 852/AS 8/10 Packet Pg. 767 to 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the M W Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the L_ Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without 0 4- duplication,for to .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay cost,;resulting from the Contractor's Default,and resulting from the actions or ro failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed 0 performance or non-performance of the Contractor. 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond, 0 4- §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this M Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. 0 §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. C14 1 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor 0 ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. U 4- §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature 0 appears. > 0 CL §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be CL performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefro,m and provisions < conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be V_ construed as a statutory bond and not as a common law bond. C14 Q C14 §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper W x adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of W insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behal for the Contractor under the Construction Contract. §14.2 Construction Contract,The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents 0U and changes made to the agreement and the Contract Documents, U §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material M term of the Construction Contract, 3:U) 0 'a §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 0 .a §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. M CL 0 §IS If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. W E 5-1852/AS 8/10 Packet Pg. 768 U) M 16 Modifications to this bond areas follows: w 1- 0 U) 0 U- 0 4- C14 0 0 U 4- 0 0 L- CL CL C14 Q C14 w x w 0 U U (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) U) CONTRACTOR AS PRINCIPAL SURETY 3: Company: (Corporate Seal) Company: (Corporate Seal) 0 0 .a Signature: Signature: M Name and Title: Name and Title: CL 0 Address Address w E S-1852/AS 8/10 Packet Pg. 769 Bond No. 6021349263 � � Document ^� ^� � �� TK� v���� �� ��������o o n��« u � J���� U �� -- ���� � �� �� Conforms with The American Institute nf Architects A|A Document J12 Payment Bond CONTRACTOR- SURETY: w (Name,legal statits and address) (Naine,legal stantsmndrmcipa/place of business) � Sea Tech ofthe Florida Keys, Inc. United States Fir* Insurance Company 4- 3O5 ��adioonAvenue T 131 Palomino Horse Trail --- ''--'--'' ' ''~'~` This document has important legal � Morristown, NJ 07900 consequences.Consultation with Big Pine Key, FL 33043 Mailing Address for Notices mn attorney is encouraged with � respect m its completion w mw modification . OWNER: Morristown, NJ O7gOO Any smo*�'m��nc«m — �bm�legal status and address) ' Contractor,Gunyy,Owner or C14 other party shall umconsidered Monroe County Board ufCounty Commissioners plural where applicable. 50O Whitehead Street � 0 Key West, FL 38040 CONSTRUCTION CONTRACT � Date: October 2O. 2O21 zz 4 mnovu �2�1.515.00 Two � x Description: (Nam and location) CL CL East yWarte||o Museum Window and HVACUpgrades BOND Date: November 2021 ' | (Not earlier than Construction Contract Date) x W | Auumnx$a21.515.O0 Two Hundred Twenty One Thousand Five Hundred Fifteen Dollars and 00/100 Modifications m this Bond: Fl None See Section 18 CONTRACTOR AS PRINCIPA SURETY - c Company: Sea Tech of the Floridit�. United LStates nsura ce pany Signature: -e- Signatur Jo : P 9= Joseph P.. iielsbn 3: Name nmdTido� ` -~~^� and Title: Attorney� Name -in-Foo1 EL CL @ny additional signatures appear~(lie Iasi page ofthis Payment Bond.) (FOR/NFO0VA7D}N ONLY—@aine,address and telephone) � � AGENT o/BROKER: OWNER'S REPRESENTATIVE: mu Nielson, Hoover&Associates (Amh«ect, Engineer or-other poxy.) 15O5ONVV70<hCourt Miami Lakes, FL 53010 305'722'2003 � o-2149/wS 8/10 U) M §I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to W L_ pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, 0 subject to the following terms, U) §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from clahns, demands,liens or suits by any person or entity seeking payment for labor,matcrials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 0 M §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner tinder this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the owner or the Owner's property by any person,or entity seeking payment for labor,materials or equipment furnished for use in the performance of the 0 4- Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety, §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §6 The Surety's obligations to a Claimant under this Bond shall arise after the following: CN §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or 0 performed,within ninety(90)days after having last performed labor or last famished materials or equipment included in the Claim- 0 and .2 have sent a Claim to the Surety(at the address described in Section 13). U 4- 6.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in 0 Section 13). 0 L_ §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation CL CL to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's C14 6 expense take the following actions: C14 §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are W undisputed and the basis for challenging any amounts that are disputed;and X W §7.2 Pay or arrange for payment of any undisputed amounts. U §7.3'De Surety's failure to discharge its obligations under Section 7.1 or Section 7,2 shall not be deemed to constitute a waiver of defenses the 0 Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. U If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7,2,the Surety shall indemnify the Claimant for the reasonable U attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. M §0 The Surety's total obligation shall not exceed the amount or this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, U) 3: and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 0 §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree 0 that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and CL Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. M (L 0 W E 5-2149/AS 8/10 Packet Pg. 771 U) §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. M W The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no L- obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants wider this Bond. 0 4- U) §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. M .2 §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the LL project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void 0 4- or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received, to §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be C14 performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 0 0 cm §16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. U 4- 0 §16 Definitions — CU §16.1 Claim.A written statement by the Claimant including at a minimum: > 0 .1 the name of the Claimant; L- CL .2 the name of the person for whom the labor was done,or materials or equipment furnished; CL .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; C14 .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the C14 Construction Contract; Q .8 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; W .7 the total amount of previous payments received by the Claimant;and X .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim, W §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has 0 rightfully asserted a claim under an applicable mechanic's hen or similar statute against the real property upon which the Project is located.The intent U U of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, < telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work > of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the M labor,materials or equipment were furnished. U) 0 'a §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. 0 CL 0 W E 5-2149/AS 8110 Packet Pg. 772 U) 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction M W Contract or to perform and complete or comply with the other material terms of the Construction Contract, L- 0 4- §16.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor, U) §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall bcdccmcd to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: 0 0 4- The provisions and limitations of Section 255M Florida Statute& including but not limited to the notice and time limitations in Sections 255.03(2)and 235.05(10)we incorporated in this bond by lefemnee. cat U 4- 0 0 L- CL CL C14 Q C14 W x W 0 U U (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) U) CONTRACTOR AS PRINCIPAL SURETY 3: Company: (Corporate Seal) Company: (Corporote Seat) 0 0 .a Signature: Signature: M Name and Title: Name and Title: (L Address Address .2 W E S-2149/AS 8110 Packet Pg. 773 POWER OF ATTORNEY C.17.c UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 00927402021 t) KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws ofthe state of Delaware,has CU made,constituted and appointed,and does hereby make,constitute and appoint: L_ 0 Can A.Nipper,David Russell Hoover,Joseph Penichet Nielson, '- Charles David Nielson,Charles Jackson Nielson,Shawn Alan Burton,Jarrett Merlucci each,its true and lawful Attomev(s) In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver: Any and all bond 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 frilly and G 'a 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 principa ,: office,in amounts or penalties not exceeding:Seven Million,Five Hundred Thousand Dollars($7,500,000). 2 1L This Power of Attorney 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. *� 0 4— This Power of Attorney 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 I inited States Fire Insurance Company as now in full force and effect,and consistent with Article 11 thereof,which Articles provide,in pertinent part: cep 6/S 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: CN (a) to execute, affix the corporate seal manually or by facsimile to,acknowledge, verify 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; 0 (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 0) Corporation. Article 111,Officers,Section 3.1 1,Facsimile Signatures. The signature of any otticer authorized by the Corporation to sign any bonds,guarantees,undertakings, L) recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, 4— 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 office" @ of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of an person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact C: 11 Yf 1 '- 1 g L that he may have ceased to be such at the time when such instruments shall be issued, 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 hereunt affixed this 22""day of August 2019. C14 UNITED STATES FIRE INSURANCE COMPANY 6 C! �s JW X Anthony R. Slitmowicz,President State of Pennsylvania } County of Philadelphia 0 On this 22"d day of August 2019,before tire,a:Votary public of the State of Pennsylvania,came the above named officer of United States Fire Insurance Company L) to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal c � United States Fire Insurance Company thereto by the authority of his office. > X tB Commonwealth of Pennsylvania—Notary Seal r 0 Tamara Watkins,Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22,2023 0 Commission number 1348843 EL CU CL 1,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which th 0 foregoing is a full,true and correct copy is still in force and effect and has not been revoked. 18th Noven1 r 21 1� IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 W UNITED STATES FIRE INSURANCE COMPANY 65ii w _J - .......... -- --- _-_ Al Wright,Senior Vice President Packet Pg. 774 ��,^ry�y� C.17.d r„� DATE(MMIDDIYYYY) [..JR" CERTIFICATE OF LIABILITY INSURANCE _ 3/3/2022 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. (D tf IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 646 United Street,Suite 1 -(A/C�No.Eat):305-294-1096 (AIc,No):305-294-8016 O Key West FL 33040 ADDR'_ESS. INSURERS)AFFORDING COVERAGE NAIC p License# L100460 INSURER A TravelersCasuaOt Insurance Company ofAmerica 19046 INSURED Orel"''ail�'.I1•uk." INSURER B Sea Tech of the FI Keys, Inc. 2 PO Box 420529 INSURER c: O Summerland Key FL 33042 INSURER D: INSURER E. (D INSURER F COVERAGES CERTIFICATE NUMBER:944640669 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD L) INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS (D CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (D INSR.. ADb SUb9` POLICY EFF 1 POLICY EXP.__. LTR TYPE OF INSURANCE INS ynto POLICYNUMBER M DD YYYY) IMMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH X L1G G'°0..1haFaF NG E S DAMAO E 11")N ENTE.ro CLAIMS MADE OCCUR APPROVED BY RISK MANAGEMENT PREMISES.(Ea wrurmnce) "S` ° 'BY, ,. „k V01 D 1r1I tAny one I"pservxe -.S L- ."✓ PERSONAL&�ADV INJURY S DATE 1 2 22 0 ral,NI Ar�raral,raAll:I Im�11r AI I I.II,::PER r.;I.Nr.HaAI.,Ar.c AGGREGATE_...._. rnhk;1,. WAVER NXA YES, (D POLICY JIEC"T� LOC — — PadLlOUCI S.C OMPIOP AGO $ CD ......... AUTOMOBILE LIABILITY `° C`ONIMNED SINGL.E:.LAOTT BA&.4705"14 31//2022 311/2023 (Ea S b.DDD.DDD X ANY AU Y 0 BOOR Y INJURY RY(Per V°x-rwna S — VII'ILIX l 0 _ . ,dIRY(Pei kaa:aue0eurgp m) 6� �" P�r rc%CCf TY DAMAGE � .... X �Ift U�n C71'11...Y X NON-OWNED PROPERTY DAMAGE AUTOS ONLY ... AUTOS ONLY S CL UMBRELLA LIAB CL OCCUR EACH OCCURRENCE ...S EXCESS LIAB CL.A,IPaPo,S-MADliil AGGREGATE:: :a DE:`O REI ENI DONS '& WORKERS COMPENSATION _�.�.„ITITITmmmmmmmmmmmmmmmmmmm PER Fa C,.U"VI 1 AND EMPLOYERS'LIABILITY Y 1 N "1 Al LITE I:I .... ......... ........ ANYPf�YOPRIE Tl1fx/rARTNI fY1rYI::C.;u.)TIV.: NIA E.L.EACH ACCIDENT 'S (11'm'IMandate IG PY6�1'lV6RV'ol hkl"ritQ::V.-0.Jd.71,fl.'7" _ -- in NH) I:V:D. 1N;I A,'S V, A I:.@wtl PLOYI "E S CL 111+aer.•C describe wider - _ DESCRIPTION OF OPERATIONS I:ueloww E.1- DISEASE-POLICY LIMIT S r— DESCRIPTION OF OPERATIONS,r LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required) 0 Not subject to cancellation,inonreneWal,material change or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the Insurer (D 70 CERTIFICATE HOLDER CANCELLATION 04 CD 04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance PO Box 100055 AUTHORIZED REPRESENTATIVE 0 Duluth GA 30096 Cc}1988-2015 ACORD CORPORATION. All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 775 SEATE-1 C.17.d AC©RO"' CERTIFICATE OF LIABILITY INSURANCE DATE( �- 03/07/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. O IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed 0 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-741-7373 CONTACT Rebecca Horan NAME: Keys Anchor Insurance Agency PHONE 305-741-7373 FAX 844-269-7923 UU Rebecca Horan (A/C,No,EXt): (A/C,No): PO BOX 420308 ADDRESS: Summerland Key, FL 33042 Rebecca Horan INSURERS AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company 20443 qy INSURED INSURER B:Kinsale Insurance Co 38920 SeaTech of the FI Keys Inc 131 Palomino Horse Trail INSURER C 7 Big Pine Key,FL 33043 INSURER D: O INSURER E: py INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; qy CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD POLICY NUMBER LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'� CLAIMS-MADE X OCCUR 01000816183 03/01/2022 03/01/2023 DAMAGE TO RENTED 100i X X PREMISES Ea occurrence $ 04 MED EXP(Anyone person) $ E APPROVED BY RISK MANAGEMENT PERSONAL&ADV INJURY $ 1'000'1 , 2,000,E GEN'L AGGREGATE LIMIT APPLIES PER: 7 �y GENERAL AGGREGATE $ POLICY JJECT1:1 LOC DATE 5131/2'0�'G PRODUCTS-COMP/OP AGG $ 2'0��'� OTHER: WVAWER.NA_YES.— $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ CL UMBRELLA LAB OCCUR EACH OCCURRENCE $ < EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ g CD 04 A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE 0 46-886792-01-09 03/01/2022 03/01/2023 E.L.EACH ACCIDENT $ 1,000" NIA A OFFICER/MEMBER EXCLUDED? CL (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000" If yes,describe under 1,000,i qy DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ d9 r_ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) d9 License#CBC-1259331 Project 21472-East Martello Windows& HVAC °b Workers Comensation; Florida Monroe County BOCC is Additional Insured on General Liability Not subject to cancellation, nonrenewal, material change or reduction in coverage unless NO a minimum of thirty (30)days prior notification is given to the County by the Insurer CD 04 CERTIFICATE HOLDER CANCELLATION 04 MCBOCC2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI qb Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II E y ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance PO Box 100085 AUTHORIZED REPRESENTA Duluth, GA 30096 Rebecca Horan ACORD 25(2016/03) ©1988-2015 CORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 776