Item D2 D.2
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
October 19, 2022
Agenda Item Number: D.2
Agenda Item Summary #11216
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Matthew Howard (305) 292-4337
n/a
AGENDA ITEM WORDING: Approval to reject lowest bid for being non-responsive and
approval to award contract to lowest responsible, responsive bidder, Sea Tech of the Florida Keys,
Inc., in the amount of$191,255.00 for the MCSO Stock Island Flood Protection Panels project. This
project is part of the Hurricane Irma recovery and mitigation.
ITEM BACKGROUND: Monroe County Project Management issued a Request for Proposals
(RFP) for the purchase and installation of flood protection panels for the Stock Island MCSO
buildings. Bids were received on September 22, 2022.
The lowest bid was submitted by Flood Risk America; however, Flood Risk America only submitted
a one-page quote on their own letterhead and did not submit any of the documents and county forms
as outlined and required by the RFP nor did they provide financial and litigation information as also
required by the RFP. In the opinion of the County Attorney's office, the omission of these required
documents is not a minor bidding irregularity and therefore, Flood Risk America is considered non-
responsive.
The next lowest bidder, Sea Tech of the Florida Keys, completed and submitted all documents as
required by the RFP and therefore is the lowest responsible, responsive bidder.
PREVIOUS RELEVANT BOCC ACTION:
6/20/2018 —BOCC gave approval to advertise any required solicitations for work related to
Hurricane Irma recovery.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Agreement with Sea Tech
DOCUMENTATION:
Agreement Sea Tech—legal stamped
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D.2
Bid Tabulation with prices
Proposal_Sea Tech of the FL Keys
FINANCIAL IMPACT:
Effective Date: 10/19/2022
Expiration Date: 180 days after NTP issued
Total Dollar Value of Contract: $191,255.00
Total Cost to County: $9,562.75
Current Year Portion: $191,255.00
Budgeted: Yes
Source of Funds: 125-0459110
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: Yes —90% FEMA, 5% State, 5% County
County Match: Yes
Insurance Required: Yes —to be provided upon BOCC approval
Additional Details:
10/19/22 125-0459110 - HURRICANE IRMA $191,255.00
REVIEWED BY:
Cary Knight Completed 10/04/2022 2:35 PM
Kevin Wilson Completed 10/04/2022 3:08 PM
Patricia Eables Completed 10/04/2022 3:20 PM
Purchasing Completed 10/04/2022 3:37 PM
Budget and Finance Completed 10/04/2022 3:38 PM
Brian Bradley Completed 10/04/2022 3:49 PM
Lindsey Ballard Completed 10/04/2022 3:55 PM
Board of County Commissioners Pending 10/19/2022 9:00 AM
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Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
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AGREEMENT
Made as of the 19t" Day of October 2022 U
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040 '
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And the Contractor: Sea Tech of the Florida Keys, Inc.
131 Palomino Horse Trail
Big Pine Key, Florida 33043
For the following Project: MCSO STOCK ISLAND FLOOD PROTECTION PANELS
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Scope of the Work U
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Documents and Specifications. The Contractor is required to provide a complete
job as contemplated by the documents and specifications, which are a part of this bid
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package. The Contractor shall furnish all labor, supervision, materials, power, tools, 0
equipment, supplies, permits, and any other means of construction necessary or proper i
for performing and completing the repairs listed.
The Scope of Work includes purchase and installation of flood protection panels at ten
(10) elevator openings. Eight (8) of the openings are at the main detention center building i
and two (2) of the openings are at the administrative building. Contractor to provide
concrete sill for flood panel connection at elevator 1 and 2 at the detention center building.
Contractor to provide filled CMU cells at elevator openings for flood panel connection.
Contractor to review and follow attached engineered plans titled MCSO Stock Island Flood
Protection Panels Project done by MC Harry & Associates; 8 pages.
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Acquire all necessary permits, including any fees as a part of the bid. Contractor shall
supply all of the needed materials and hardware to complete the project and properly
dispose of debris.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and 0
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 U
the documents as just listed.
ARTICLE 2 c�
The Work of this Contract o
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The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
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3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the
Owner. U
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
of the contract or of specified phases of the contract shall be the calendar date or dates 76
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated i
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
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.
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Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was caused
directly by an event beyond such Party's control, without such Party's fault or negligence and that
by its nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic
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 0
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by Contractor under this Section. Contractor shall U
give County written notice within seven (7) days of any event or circumstance that is reasonably
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and
resume full performance under this Agreement. The County will not pay additional cost as a result o
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner's Representative may determine. The Contractor may only seek a no 4-
cost Change Order for such reasonable time as the Owner's Representative may determine.
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Hundred Ninety-One Thousand Two Hundred
Fifty-Five and 00/100 Dollars ($191,255.00), subject to additions and deductions as t0
provided in the Contract Documents. U
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
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ARTICLE 5
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.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month.
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, E
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
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disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of
the tax exemption certificate will be provided by the Owner upon request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
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5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the 0
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of five percent(5%). Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits t0
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment U)
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 i
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
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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.
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
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
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other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of Project Management. Such final payment shall be
made by the Owner not more than twenty (20) days after the issuance of the final approval for
payment. The following documents (samples in section 01027, Application for Payment) are
required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
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A. Project Record Documents (As Built Documents).
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B. Operating and maintenance data, instructions to the Owner's personnel.
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C. Warranties, bond and guarantees.
D. Keys and keying schedule.
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E. Spare parts and maintenance materials.
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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).
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H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the City of Key West. i
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ARTICLE 7
Miscellaneous Provisions
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7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
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7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
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are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid, proposal, or reply on a contract to
supply any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Fla. Stat., for CATEGORY TWO for a
period of thirty-six (36) months from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
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a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally 0
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7) years from the termination of this Agreement or five (5) years from
the submission of the final expenditure report as per 2 CFR §200.33, if applicable,
whichever is greater. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for
seven (7)years following the termination of this Agreement. If an auditor employed by
the County or Clerk determines that monies paid to Contractor pursuant to this t0
Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the Contractor, the Contractor shall repay the monies together
with interest calculated pursuant to Section 55.03, Florida Statutes, running from the
date the monies were paid by the Owner.
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Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the i
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 ,i
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
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,
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observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating to this Project. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid to Contractor. The Right to Audit provisions survive the termination or expiration
of this Agreement.
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b) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and Contractor agree that venue shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida. The 0
Parties waive their rights to trial by jury. The County and Contractor agree that, in the
event of conflicting interpretations of the terms or a term of this Agreement by or
between any of them the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, t0
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. U)
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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 i
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any
cause of action or administrative proceeding is initiated or defended by any party ,i
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
non-prevailing party and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
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ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
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i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this 0
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
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j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a t0
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 U)
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment i
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 ,i
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,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990(42 USC § 12101 Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
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expression, familial status or age; and 11) Any other nondiscrimination provisions in
any federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal o
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, -
¶ C, agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
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employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual o
orientation, gender identity, or national origin.
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3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information. 2,
4. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided, advising the said labor union or workers' representative of
the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
5. The Contractor will comply with all provisions of Executive Order 11246 of
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September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
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7. In the event of the Contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract U
may be canceled, terminated or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law. -
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8. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs(1)through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means U
of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into U)
such litigation to protect the interests of the United States.
k Covenant of No Interest. Count and Contractor covenant that neither resent) has
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any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement. i
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
c�
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
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D.2.a
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
o) Public Records Compliance. Contractor must comply with Florida public records
0
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 0
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide 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 t0
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records U)
76
Law in order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to ,i
perform the service.
E
0
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied 0
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
E
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(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
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D.2.a
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(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
the records to be inspected or copied within a reasonable time.
0
If the Contractor does not comply with the County's request for records, the 0
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise t0
dispose of any public records unless or otherwise provided in this provision L-
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
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 enail
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the E
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.
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D.2.a
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
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
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.
0
s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the 0
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
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. c0
t) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include, but not limited to, a Public Entity Crime Statement, an
Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement.
U)
76
u) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe i
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.
i
v) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
Page 13 of 38
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D.2.a
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be equal to the dollar value of the contract and not less than $1 million per
occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be
as set forth in the insurance requirements included in this Agreement. Insofar as the LO
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to
events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
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In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the 0
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance t0
requirements contained elsewhere within this Agreement. L-
FDEM Indemnification
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, i
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained i
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County) Agency's sovereign immunity.
x) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
Page 14 of 38
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D.2.a
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below),
applicable federal and state laws and regulations to ensure that DBE's have the
opportunity to compete and perform contracts. The County and Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex
in award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS o
0
a. If the Contractor, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority c)
businesses, women's business enterprises, and labor surplus area firms are
used whenever possible.
b. Affirmative steps must include: c,
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and
women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as c?
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section. U)
z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with its subcontractors shall include the COUNTY as additional insured. i
aa) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall
be construed so as to find Contractor or any of its employees, subcontractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
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bb) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or
Page 15 of 38
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D.2.a
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien. The Contractor shall comply with and be
subject to the provisions of Section 448.095, Florida Statutes.
cc) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, o
oral or written, with reference to the subject matter hereof that are not merged herein 0
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
dd) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
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0
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project. 0
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice is deemed
received by Contractor when hand delivered by national courier with proof of delivery or
by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of
delivery. Notice shall be sent to the following persons: U
For Contractor: Sea Tech of the Florida Keys, Inc.
Robin Szmansky, President
131 Palomino Horse Trail U)
Big Pine Key, Florida 33043
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
i
County Attorney
1111 12th Street, Suite 408 E
Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
c�
The Contractor and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as
amended, including but not limited to:
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7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes Emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to 0
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable, the County must place a U
current prevailing wage determination issued by the Department of Labor in each
solicitation, a copy of which is attached hereto as Exhibit "A" and made a part hereof. The
decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The COUNTY must report all suspected or reported violations to 0
the Federal awarding agency.
2
0
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security
Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program
and Transit Security Grant Program (it does not apply to other FEMA grant and
cooperative agreement programs, including the Public Assistance Program), the
contractors, in contracts for construction or repair work above $2,000 in situations where
the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act 0
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The County must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 8747 40 U.S.C. § 31457
and the requirements of 29 C.F.R. Part 3 as may be applicable, which are
incorporated by reference into this contract. i
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
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D.2.a
furnish each week a statement with respect to the wages paid each of its employees
engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act
during the preceding weekly payroll period. The report shall be delivered by the
contractor or subcontractor, within seven days after the regular payment date of the
payroll period, to a representative of a Federal or State agency in charge at the site of
the building or work.
7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. �W01-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and (n
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40
0
U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
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Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for U
any part of the contract work, which may require or involve the
employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless U)
such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. i
§5.5, the Contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated Damages. Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of$27
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth
in paragraph (b)(1) of 29 C.F.R. §5.5.
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D.2.a
(3) Withholding for unpaid wages and liquidated damages. The Federal
agency shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums
as may be determined to be necessary to satisfy any liabilities of such 0
contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R.
§5.5. U
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in 29 C.F.R. §5.5, paragraphs (b)(1)
through (4), and also a clause requiring the subcontractors to include c,
these clauses in any lower tier subcontracts. The prime contractor shall o
be responsible for compliance by any subcontractor or lower tier 0
subcontractor with the clauses set forth in 29 C.F.R. §5.5, paragraphs
(1) through (4)
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the t0
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights U
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
76
7.8.4 Clean Air Act (42 U.S.C. W401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, as amended). CONTRACTOR agrees to comply with all applicable i
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-
7671 q), as amended and the Federal Water Pollution Control Act as amended (33 U.S.C.
§§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate
Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42
U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),
as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The
contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA/Federal agency.
The Contractor agrees to report each violation to the COUNTY, understands, and agrees
that the COUNTY will, in turn, report each violation as required to assure notification to
FEMA/Federal Agency and the appropriate EPA Regional Office.
7.8.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
under a "covered transaction" (see 2 CFR §180.220) must not be made to parties listed
on the government-wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive
Page 19 of 38
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D.2.a
Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp.,
p. 235), "Debarment and Suspension" and the Department of Homeland Security's
regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549. SAM exclusions can be accessed at . .:.`�. .rrq.gpy.
Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R.
§180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R.
§180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 0
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters LO
into. This certification is a material representation of fact relied upon by the COUNTY. If it
is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. Bidders or Proposers agree to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or Proposer 0
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a c,
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the U)
certification(s) to the awarding agency. If award exceeds $100,000, the certification,
attached hereto as Exhibit "B" and made a part hereof, must be signed and submitted i
by the Contractor to the County.
7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322.
CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as ,i
amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. . In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are
EPA-designated items unless the product cannot be acquired —
Page 20 of 38
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D.2.a
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
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The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act. cn
7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment
as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or
extend or renew a contract) to procure or obtain equipment, services, or systems that
2
uses covered telecommunications equipment or services as a substantial or essential 0
component of any system, or as critical technology as part of any system. As described
in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications U
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment. 76
(iii) Telecommunications or video surveillance equipment or services produced or i
provided by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government
of a covered foreign country.
7.8.9 Domestic Preference for Procurements as set forth in 2 CFR �200.322 The COUNTY
and CONTRACTOR should, to the great extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). These requirements of this section must be included in all
subawards including contracts and purchase orders for work or products under federal
award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
Page 21 of 38
Packet Pg. 1038
D.2.a
(2) "Manufactured products" means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber;
and lumber.
Other Federal and FEMA Requirements (as applicable)
7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR
will comply with all the requirements as imposed by the ADA, the regulations of the
Federal government issued thereunder, and the assurance by the CONTRACTOR 0
pursuant thereto.
7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, U
assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing the Department of Homeland Security (DHS) and the Federal
Emergency Management Agency's (FEMA) access to records, accounts,
documents, information, facilities, and staff. Contractors/Consultants must: (1)
Cooperate with any compliance review or complaint investigation conducted by
DHS; (2) Give DHS access to and the right to examine and copy records, accounts, 4-
and other documents and sources of information related to the grant and permit
access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program
guidance; and (3) Submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the
reports.
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7.8.12 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland U
Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency
officials without specific FEMA pre-approval. The Contractor shall include this
provision in any subcontracts.
7.8.13 Changes to Contract. The Contractor understands and agrees that any cost resulting
i
from a change or modification, change order, or constructive change of the
agreement must be within the scope of any Federal grant or cooperative agreement
that may fund this Project and be reasonable for the completion of the Project. Any
contract change or modification, change order or constructive change must be i
approved in writing by both the County and Contractor.
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0
7.8.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a
portion of the contract. The Contractor will comply will all applicable federal law,
regulations, executive orders, FEMA policies, procedures, and directives. E
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7.8.15 No Obligation by Federal Government. The Federal Government is not a party to
this contract and is not subject to any obligations or liabilities to the COUNTY/non-
Federal entity, contractor, or any other party pertaining to any matter resulting from
the contract.
Page 22 of 38
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D.2.a
7.8.16 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to the Contractor's actions pertaining to this contract.
7.8.17 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of the Federally-
Funded Sub-award and Grant Agreement between County and the Florida Division
of Emergency Management (Division) found at the following link on the Monroe 0
County web page: :.ttlx:`� ///` yy.irnr�ir..'!.p" !2..�!..!"!.�:.�".::�I..:. .2.�',/f!..'rp:.g.l': ..!!.: . ..I':. . .�' p:. ..!!.:
7.8.18 The Contractor shall hold the Division and County harmless against all claims of
whatever nature arising out of the Contractor's performance of work under this
Agreement, to the extent allowed and required by law.
7.8.19 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and
Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards
and policies relating to energy efficiency and the provisions of the state Energy 0
Conservation Plan adopted pursuant thereto.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General t0
Conditions. U
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. U)
76
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
i
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this i
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the County shall provide Contractor with seventy-two (72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
E
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
Page 23 of 38
Packet Pg. 1040
D.2.a
the right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days'written notice to Contractor. If the County
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement. o
0
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.
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4-
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida �?
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents 76,
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Construction Drawings from MC Harry &Associates. Pages: cover page; G0.01;
A1.00; A1.01; A1.02; A1.03; A3.01; & A3.02
0
b) Project Manual from MC Harry &Associates: 82 pages.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor. E
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9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Specifications and Construction Drawings dated May 6, 2022, and in the Request for
Proposals.
Page 24 of 38
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D.2.a
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages
1 09/08/2022 1
2 09/12/2022 2
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
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BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Page 25 of 38
Packet Pg. 1042
D.2.a
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
as
By: By:
As Deputy Clerk Mayor/Chairman
Date
CONTRACTOR'S Witnesses Attest: CONTRACTOR: SEA TECH OF THE
Contractor must provide two witnesses FLORIDA KEYS, INC.
signatures
0
Signature:
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Signature: Print Name:
as
Print Name: Title:
as
Date: Date: `3
and
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Signature:
MtONfROE COUNTY TTORNEY'S OFFICE
Print Name: � D)kSTO 08 I CL
Date: P 'RM IA Z5 H U)
ASSIST T NT COUNV A7ORNEY
DATE: 14/_2022 ,
®I
as
STATE OF COUNTY OF
as
On this day of 2022, before me, the undersigned notary public, by
means of ❑ physical presence or ❑ online, personally appeared a
(name of affiant) known to me to be the person whose name is subscribed above
or who produced as identification, and acknowledged that he/she is s
the person who executed the above contract with Monroe County for MCSO STOCK ISLAND
FLOOD PROTECTION PANELS for the purposes therein contained.
as
Notary Public F
Print Name
My commission expires: (Seal)
Page 26 of 38
Packet Pg. 1043
D.2.a
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan 2
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules 0
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids o
Section 01550 Access Roads and Parking Areas c)
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents i
Section 01730 Operation and Maintenance Data
Section 01740 Warranties E
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Page 27 of 38
Packet Pg. 1044
D.2.a
EXHIBIT A
Department of Labor Wage Determination
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Page 28 of 38
Packet Pg. 1045
D.2.a
"General Decision Number : FL20220022 07/01/2022
Superseded General Decision Number : FL20210022
State : Florida
Construction Type : Building
0
County: Monroe County in Florida . _
BUILDING CONSTRUCTION PROJECTS (does not include single U
family homes or apartments up to and including 4 stories) .
Note : Contracts subject to the Davis-Bacon Act are
generally required to pay at least the applicable minimum
wage rate required under Executive Order 14026 or Executive
Order 13658 . Please note that these Executive Orders apply 0
to covered contracts entered into by the federal government
that are subject to the Davis-Bacon Act itself, but do not
apply to contracts subject only to the Davis-Bacon Related
Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60 ) .
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lIf the contract is entered 1 . Executive Order 14026 1
linto on or after January 30, 1 generally applies to thel U
12022 , or the contract is 1 contract . 1
lrenewed or extended (e . g . , an 1 . The contractor must pay I
loption is exercised) on or 1 all covered workers at I
lafter January 30 , 2022 : 1 least $15 . 00 per hour orl
the applicable wage rate )
i
listed on this wage I
determination, if it is I
higher) for all hours I
spent performing on the I
contract in 2022 . 1
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lIf the contract was awarded onl . Executive Order 13658 1 �'
for between January 1 , 2015 andl generally applies to thel
1January 29, 2022 , and the I contract . I
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lcontract is not renewed or 1 . The contractor must pay
alll
lextended on or after January I covered workers at leastl
130 , 2022 : 1 $11 . 25 per hour (or the I
I lapplicable wage rate listedl
I Ion this wage determination, )
Page 29 of 38
Packet Pg. 1046
D.2.a
if it is higher) for all I
hours spent performing on1
that contract in 2022 .
I I I
The applicable Executive Order minimum wage rate will be
adjusted annually . If this contract is covered by one of
the Executive Orders and a classification considered o
necessary for performance of work on the contract does not L
appear on this wage determination, the contractor must
still submit a conformance request . U
Additional information on contractor requirements and
worker protections under the Executive Orders is available
at https : //www . dol . gov/agencies/whd/government-contracts .
0
Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 02/25/2022
3 07/01/2022
0
ELEC0349-003 09/01/2021 U
Rates Fringes
U)
ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72
-----------------------------------------------------------
ENG10487-004 07/01/2013
Rates Fringes
i
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80
-----------------------------------------------------------
IRON0272-004 10/01/2021
Rates Fringes
Page 30 of 38
Packet Pg. 1047
D.2.a
IRONWORKER, STRUCTURAL AND
REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 26 . 00 14 . 16
-----------------------------------------------------------
PAIN0365-004 06/01/2021
Rates Fringes
PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 0
0
* SFFL0821-001 07/01/2022
U
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 31 . 28 21 . 34
-----------------------------------------------------------
SHEE0032-003 12/01/2013 0
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Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18
-----------------------------------------------------------
* SUFL2009-059 05/22/2009 U
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07
CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 ** 0 . 00
FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 ** 0 . 00
i
LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00
LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 ** 0 . 00
OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00
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OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 ** 0 . 00
OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 ** 0 . 00
Page 31 of 38
Packet Pg. 1048
D.2.a
PAINTER: Roller and Spray. . . . . . . $ 11 . 21 ** 0 . 00
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 ** 3 . 33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 ** 0 . 00
0
SHEET METAL WORKER, Excludes _
HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 ** 3 . 61
U
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away . . . . . . . . . . . . $ 8 . 00 ** 0 . 15
-----------------------------------------------------------
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental . 0
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-----------------------------------------------------------
-----------------------------------------------------------
** Workers in this classification may be entitled to a
higher minimum wage under Executive Order 14026 ($15 . 00) or
13658 ($11 . 25) . Please see the Note at the top of the wage
determination for more information . U
Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave for Federal Contractors applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after
i
January 1 , 2017 . If this contract is covered by the EO,
the contractor must provide employees with 1 hour of paid
sick leave for every 30 hours they work, up to 56 hours of
paid sick leave each year . Employees must be permitted to
use paid sick leave for their own illness, injury or other
health-related needs, including preventive care; to assist
a family member (or person who is like family to the
employee) who is ill, injured, or has other health-related
needs, including preventive care; or for reasons resulting
from, or to assist a family member (or person who is like
family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking . Additional
information on contractor requirements and worker
protections under the EO is available at
https : //www . dol . gov/agencies/whd/government-contracts .
Page 32 of 38
Packet Pg. 1049
D.2.a
Unlisted classifications needed for work not included
within the scope of the classifications listed may be added
after award only as provided in the labor standards
contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) .
-----------------------------------------------------------
0
The body of each wage determination lists the L
classification and wage rates that have been found to be
prevailing for the cited type (s) of construction in the U
area covered by the wage determination . The classifications
are listed in alphabetical order of ""identifiers" " that
indicate whether the particular rate is a union rate
(current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted
union average rate) . 0
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Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
than ""SU"" or " "UAVG" " denotes that the union
0
classification and rate were prevailing for that U
classification in the survey. Example : PLUM0198-005
07/01/2014 . PLUM is an abbreviation identifier of the union
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which prevailed in the survey for this classification,
which in this example would be Plumbers . 0198 indicates the
local union number or district council number where
i
applicable, i . e . , Plumbers Local 0198 . The next number, 005
in the example, is an internal number used in processing
the wage determination . 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is
July 1, 2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate .
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Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
Page 33 of 38
Packet Pg. 1050
D.2.a
weighted average rate based on all the rates reported in
the survey for that classification . As this weighted
average rate includes all rates reported in the survey, it
may include both union and non-union rates . Example :
SULA2012-007 5/13/2014 . SU indicates the rates are survey
rates based on a weighted average calculation of rates and
are not majority rates . LA indicates the State of
Louisiana . 2012 is the year of survey on which these o
classifications and rates are based. The next number, 007 _
in the example, is an internal number used in producing the
wage determination . 5/13/2014 indicates the survey U
completion date for the classifications and rates under
that identifier .
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
0
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted U
union average rate . OH indicates the state . The next
number, 0010 in the example, is an internal number used in
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producing the wage determination . 08/29/2014 indicates the
survey completion date for the classifications and rates
under that identifier .
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A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
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1 . ) Has there been an initial decision in the matter? This
can be :
* an existing published wage determination
* a survey underlying a wage determination
Page 34 of 38
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D.2.a
* a Wage and Hour Division letter setting forth a position
on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including
requests for summaries of surveys, should be with the Wage
and Hour National Office because National Office has o
responsibility for the Davis-Bacon survey program. If the L
response from this initial contact is not satisfactory,
then the process described in 2 . ) and 3 . ) should be U
followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to :
0
Branch of Construction Wage Determinations
Wage and Hour Division
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
0
2 . ) If the answer to the question in 1 . ) is yes, then an U
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) .
Write to :
Wage and Hour Administrator
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of
the interested party ' s position and by any information
(wage payment data, project description, area practice
material, etc . ) that the requestor considers relevant to
the issue .
3 . ) If the decision of the Administrator is not favorable,
an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals
Board) . Write to :
Page 35 of 38
Packet Pg. 1052
D.2.a
Administrative Review Board
U . S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are
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END OF GENERAL DECISIO"
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EXHIBIT B
Anti-Lobbying Certification
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1 Packet Pg. 1054
D.2.a
APPENDIX A. 44 G.F.R. PART 18— CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that;
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the o
undersigned, to any person for influencing or attempting to influence an officer or -
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal en
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
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0
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of 0
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all 0
subrecipients shall certify and disclose accordingly. This certification is a material U
representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering CL
into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 U)
76
and not more than $100,000 for each such failure.
—I
The Contractor, Sea Tech of the Florida Keys Inc. , +certifies or affirms the truthfulness and �
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S-C. Chap. 38, l
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any. E
Signature of Contractors Authorized Official
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Robin Szmansky President 09-08-2022
Name and Title of Contractor's Authorized Official Date
Page 38 of 38
Packet Pg. 1055
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SECTION 00120
PROPOSALFORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
0
c
PROPOSAL FROM:Sea Tech of the Florida Keys Inc.
131 Palomino Horse Trail en
U
Big Pine Key FI. 33043
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
MCSO Stock Island Flood
Protection Panels
and having carefully examined the site where the Work is to be performed, having become _
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all U
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he/she has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he/she
4-
understands the conditions under which the Work is to be performed. The successful proposer c
shall assume the risk of any and all costs and delays arising from the existence of any
subsurface or other latent physical condition which could be reasonably anticipated by reference
to documentary information provided and made available, and from inspection and examination
of the site. i
The Base Proposal shall be furnished below in words and numbers. If there is an
0.
inconsistency between the two, the Proposal in words shall control. 0-
0-
One Hundred Ninety-One Thousand, Two Hundred. Fifty-five and No/100------Dollars.
(Total Base Proposal- words)
$ 191 ,255.00 Dollars.
(Total Base Proposal — numbers)
PROPOSAL FORM 00120- Page 25 of 310
Packet Pg. 1057
D.2.c
I acknowledge Alternates as follows: N/A
Unit prices, if any, are as follows: N/A
I acknowledge receipt of Addenda No.(s)
0
No. 1 Dated 9-8-22 -
No.2 Dated 9-12-22 c,
No. Dated
No. Dated A
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PROPOSAL FORM 00120- Page 26 of 310
Packet Pg. 1058
D.2.c
Proposer,states by his/her check mark in the blank beside the form and by his/her signature that he/she has
provided the following requirements(located in Section 00120):
1. Proposal Form
2. Proposal Security (Bid Bond)
3. Non-Collusion Affidavit
4. Lobbying and Conflict of Interest Clause CL
0
5. Drug-Free Workplace Form LL
6. Public Entity Crime Statement
in
7. Vender Certification Regarding Scrutinized Companies Lists
JNOL 'a
8. Appendix A. 44 C.F.R. Part 18—Certification Regarding Lobbying
9. Subcontractor List Form
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10. Proposer's Insurance and Indemnification Statement
2
11. Insurance Agents Statement(signed by agent) V
0
12. Answered Required Questions
13. Provided three(3) Customer References and three (3) Credit References
14_ Provided three(3)years of Financial Statements in separate email marked"CONFIDENTIAL"
15. Certified copy of Valid Florida Contractor's License V
16. Current Monroe County Occupational License
17. Minority Owned Business Declaration U
U)
18. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 0
Business LL
LL
Name: Sea Tech of the Florida Keys Inc. DBA:
Business
EIN 4 65-0126213 0
Business Mailing
Address: 131 Palomino Horse Trail Address:
City, State, in
zip Big Pine Key Fi. 33043 City,State,Zip i
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305-872-0888CL
Phone Loral Phone: 0
CL
The physical business address must be registere as its principal place of business with the Florida Department of
State for at least one(1)year prior to the notice r r W r.proposal.
Date: 09-08-2022 Signed:
Printed: Rflrt S ftan5ky' '
Tittle: President
L7
Wtness:
PROPOSAL FORM 00120-Page 27 of 310
Packet Pg. 1059
D.2.c
BID (PROPOSAL) BOND
Sea Tech of the Florida Keys, Inc.
KNOW ALL MEN BY THESE PRESENTS, that we 131 Palomino Horse Trail
Big Pine Key,FL 33043
(Here insert name and address or legal title of Contractor)
United States Fire Insurance Company
as Principal, hereinafter called the Principal, and 305 MADISON AVENUE sBt
MORRISTOWN,NJ 07960
(Here insert full name and address or legal title of Surety)
CIL
a corporation duly organized under the laws of the State of of as Surety, hereinafter called 0
the Surety, are held and firmly bound unto MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
500 Whitehead St.Key West,FL 33040 LL
(Here insert full name and address or legal title of Owner) (n
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars
5%of
($ , for the payment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
and severally,firmly by these presents.
WHEREAS, the Principal has submitted a bid for MCSO STOCK ISLAND FLOOD PROTECTION PANELS ,
O
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety
for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not t0
to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the Work covered U),
by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect. Any action instituted by a claimant under this bond must be in accordance with the
notice and time limitations provisions in Section 255.05(2), Florida Statutes.
0
Sea Tech of the Florida Keys,Inc
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J�"Principal) - ► e
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(Witness) CIOIV
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(Ti le) ...... U)
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j®rife 1®®y�
United States Fire Insurance Company
Danis Banks -
(1Nitness) _ g
(Title) seph V Ni
Attorney-in-Fact
_71
PROPOSAL FORM 00120-Page 28 of 310
Packet Pg. 1060
POWTR OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY
0092722
KNOW ALL MEN BY THESE.PRESENTS That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,ha
made,constituted and appointed;and does hereby make,constitute and appouiv
Ian A.Nipper,David Russell Hoover,Joseph Penicker Nielson,
Charles David.Nielson,Charles Jackson Nielson,Shawn Alan Hurron.Jarrett Merrucci
each,its true and lawful Attorncy(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver Any and all born
and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and
the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected offcers of United Statcs Fire Insurance Company at its princip
office,in amounts or penalties not exceeding:Seven Million,Five Hundred Thousand Dollars($7,500,000).
This Powerof Attornev limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United Stales Fire Insuram
Company except in the manner and to the extent therein stated_
C
This Power of Attorney revokes all previous Powers of Attorney issued on behalf ofthe Auomeys-ln-Fact named above and expires on January 31.2023 2
'Ibis Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,and consistent with Article 1
thereof,which Articles provide,in pertinent part: LO
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 behalfof the Corporation.
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verity and deliver any contracts,obligations, instruments and documents
whatsoever in connection with its business including,without limiting the foregoing,any bonds,guarantees,undertakings,recognizances,powers of attorney or
revocations of any powers of attorney,stipulations,policies of insurance,deeds,leases,mortgages,releases,satisfactions and agency agreements,
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 Corporation LO
C
4—
Article 111.Officers,Section 3,11.Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,guarantees,undertakings,
recognizances, stipulations,powers of attomey or revocations of anv powers of attorney and policies of insurance issued by the Corporation may be printed, U
facsimile, lithographed or otherwise produced In addition, if and as authorized by the Board of Directors, dividend warrants or cheeks,or other numerous
instruments similar to one another in form.may be signed by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officers
of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the G2
purposes hcrem stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact
that he may have ceased to be such at the time when such instruments shall be issued
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 hereon
affixed this 28`"day of September,2021.
UNITED STATES FIRE INSURANCE COMPANY
C
r U
Matthew E.Lubin.President *�
State of New Jersey } 0
County of Morris }
On this 261x day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurant
Company,to me personally knomi to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and afftxt
the seal of United States Fire Insurance Company thereto by the authority of his office. LO I
76
t11�JiSA H.IYAL.ESIM 0
WTARY Pl"OF NEW AW l
CxlnrnfNlon of W126633 i 0-
Melissa H.D'Alessio (Notary Public)
1,the undersigned officer of United States Fire Insurance Company.a Delaware corporation,do hereby certify that the original Power 91'Att,)rney ofwhich 0
foregoing is a full,true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOF,i have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the $th day
of September 2022
UNITED STATES FiRE INSURANCE COMPANY
Alfred N. Wright,Senior Vice President
Packet Pg. 1061
D.2.c
SECTION 00120
NON-COLLUSION AFFIDAVIT
1, Robin Szmansky of the city Big Pine Key
according to law on my oath, and under penalty of perjury, depose and say that--
1. 1 am PresidentCL
of the firm of Sea Tech of the Florida Keys Inc. _ 0
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
MCSO Stock Island Flood Protection Panels U
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor; and
0
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
U
5. The statements contained in this affidavit are true and correct, and made with full U)
knII project-
09-08-2022
(Sig,natA of Proposer) (Date)
4-
0
STATE OF: Florida
COUNTY OF: Monroe
76
Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online
CL
notarization, on 09-08-2022 (date)
by Robin Szmansky CL
(name of affiant). He/She is personally
known to me or has produced Known (type of identification) as
identification,
spar Becky L. Deutsch
NOTARY PUBLIC
o r STATE OF FLORIDA NOTARY PAUE
Comm*G0962754
Expires 2W2024 My commission expires:02-26-2024
PROPOSAL FORM 00120- Page 29 of 310
Packet Pg. 1062
D.2.c
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
0
Sea Tech of the Florida Keys Inc._ _ _
(Company)
U
It
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, 0
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signatu. )i E
Date: 09-08-2022 U
STATE OF: F10rlda
4-
COUNTY OF: Monroe c
Subscribed and sworn to (or affirmed) before me, by means of l6 physical presence or ❑ online
notarization, on 09-08-2022 (date) i
U)
by Robin SzmanskV (name of affiant). He/She is personally CL
L-
CL
known to me or has produced Known (type of identification) as ..
identification.
*STATE
Becky L. Deutsch
NOTARY PUBLIC OF FLORIDA 0TARY P L
Comm*GG962754
Expires 212612024
(SEAL) My commission expires: 02-26-2024
PROPOSAL FORM 0012D- Page 30 of 310
Packet Pg. 1063
D.2.c
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Sea Tech of the Florida Keys Inc.
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and CL
specifying the actions that will be taken against employees for violations of such prohibition. 0
0
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
LO
assistance programs, and the penalties that may be imposed upon employees for drug abuse U
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under proposal a copy of the statement specified in subsection (1),
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4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or 0
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of cj
this section.
U)
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
rop�ose s Signature
9-08-2022
Date
STATE OF. Florida
U)
COUNTY OF.Monroe 0
CL
0
L_
CL
Subscribed and sworn to (or affirmed) before me, by means of physical presence or❑ online ..
notarization, on b9-08-2022 (date) by Robin Szmansky (name of affiant). 0
Known
He/She is personally known to me or has produced Known of identification)
aside Becky L.Deutsch � . I�
NOTARY PUBLIC
STATE OF FLORIDA
Comm#GG%2754 NOTARY PU C
(SEAL I Expires 2/26/2024 My commission expires:02-26-2024
PROPOSAL FORMI 00120- Page 31 of 310
Packet Pg. 1064
D.2.c
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or a
CONTRACTOR under a contract with any public entity, and may not transact business with any a
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted W
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 A
thirty-six (36) months.
p ,,.s...._.
Pf c
(Signat e)
Date: 09-08-2022
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STATE OF: Florida U
COUNTY OF:
Monroe
Subscribed and swam to (or affirmed) before me, by means of 5� physical presence or ❑ online U_
notarization, on 09-08-2022 (date)
0
by Robin Szmansky (name of affiant). He/She is personally a
known to me or has produced Known (type of identification) as
i
identification. U)
0
0
CL
(NOTARY 0LtdLIC
y Becky L_Deutsch
NOTARY PUBLIC My commission expires:02-26-202�4
STATE OF FLORIDA
Comm#GG962754
Expires 2/26/2024
PROPOSAL FORM 00120- Page 32 of 310
Packet Pg. 1065
D.2.c
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): MCSO Stock Island Flood Protection Panels
Respondent Vendor Name: See Tech of the Florida Keys Inc.
Vendor FEK 65-0126213
Vendor's Authorized Representative Name and Title_ Robin Szr1'lansky President
Address: 131 Palomino Horse Trail 0
City: Big Pine Key State: Florida Zip: 33043
LO
Phone Number 305-872-0888 Email Address: robins@seatech.cc U
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135. Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing 0
a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with
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Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in
Cuba or Syria. LO
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1.000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities U
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. U)
1 understand that pursuant to Section 287.135. Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any -J
contract with the County may be terminated, at the option of the County, if the company is found to have
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the 0
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria.
Certified By: Sea Tech of the Florida Keys Inc. who is authorized
to sign on behalf of the ve t d company. CL
Authorized Signature:
Print Name: Robin Szmansky
Title: President
Note: The List are available at the following Department of Management Services Site:
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PROPOSAL FORM 00120- Page 33 of 310
Packet Pg. 1066
D.2.c
APPENDIX A 44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that;
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or c
employee of an agency, a Member of Congress, an officer or employee of Congress, or -
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering W
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2, If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly. This certification is a material 0
representation of fact upon which reliance was placed when this transaction was made U
or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor, sea Tech of the Florida Keys Inc. , certifies or affirms the truthfulness and 0
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and
disclosure, if any.
0
CL
Signature of Contractor's Authorized Official
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Robin Szmansky President 09-08-2022
Name and Title of Contractor's Authorized Official Date
PROPOSAL FORM 00120-Page 34 of 310
Packet Pg. 1067
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INSTRUCTIONS FOR COMPLETION OF SF—LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for
such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered
Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply ap
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional information. CL
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1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to 0
influence,the outcome of a covered Federal action. M
2. Identifythe status ofthe covered Federal action. 0
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3. Identify the appropriate classification ofthis report. Ifthis is afollow-up report caused by a material change U
to the information previously reported,enter the year and quarter in which the change occurred. Enter the
date of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code ofthe reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a A
prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the
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first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 0
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5. Ifthe organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state LO
and zip code ofthe prime Federal recipient. Include Congressional District,ifknown. 0
6. Enter the name ofthe Federal agency making the award or loan commitment. Include at least one
organization level below agency name,if known. For example,Department of Transportation,United States
Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full qp
Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan LS
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g.,
Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract
a.+
grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include
prefixes,e.g., "RFP-DE-90-001." U
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9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the
Federal amount ofthe award/loan commitments for the prime entity identified in item 4 or 5. U
10. (a)Enter the full name,address,city,state and zip code ofthe lobbying entity engaged by the reporting entity
identified in item 4 to influenced the covered Federal action.
(b)Enterthe full names ofthe individual(s)performing services and include full address if different from 10(a). Enter Last LL
Name,First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the 4—
lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). 0
Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or try
planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,
specify the nature and value of the in-kind payment. I/$
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description ofthe services that the lobbyist has performed or will be expected to t)
0
perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in �
actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) �
employee(s)or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s)is attached.
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16. The certifying official shall sign and date the form,print his/her name title and telephone number.
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Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing *�
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-
90aENDIF»
PROPOSAL FORM 00120- Page 36 of 310
Packet Pg. 1069
D.2.c
Stock Island Flood Protection Panels
SUBCONTRACTOR LISTING FORM
Ph#w/
Division Subcontractor Contact Person area code Fax: Address
National Flood Dave Dansereau 860-222-3055 27 Lake of Isles Rd, Preston,CT 06365
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PROPOSAL FORM 00120-Page 37 of 310
Packet Pg. 1070
D.2.c
SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors
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Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
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The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
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The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may
be contained in the Contractor's Insurance policies. c
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The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
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• Certificate of Insurance or U)
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• A Certified co of the actual insurance policy.
copy p Y
The County, at its sole option, has the right to request a certified complete copy of any or all
insurance policies with all endorsements, amendments, exclusions and notice of changes to the
policy as required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 310
Packet Pg. 1071
D.2.c
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the c
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County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 310
Packet Pg. 1072
D.2.c
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
MCSO STOCK ISLAND FLOOD PROTECTION PANELS
BETWEEN
MONROE COUNTY, FLORIDA
AND
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Sea Tech of the Florida Keys Inc.
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes and the requirements of Florida Statutes, Chapter 440.
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In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
2
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$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
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Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida. c
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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 U-
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
4-
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 310
Packet Pg. 1073
D.2.c
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
MCSO STOCK ISLAND FLOOD PROTECTION PANELS
BETWEEN
MONROE COUNTY, FLORIDA
AND
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Sea Tech of the Florida Keys Inc.
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
$500,000 Combined Single Limit U
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An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County. -
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The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 310
Packet Pg. 1074
D.2.c
BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
MCSO STOCK ISLAND FLOOD PROTECTION PANELS
BETWEEN
MONROE COUNTY, FLORIDA
AND
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Sea Tech of the Florida Keys Inc.
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Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. A
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
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• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person 0
$300,000 per Occurrence U
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on U_
all policies issued to satisfy the above requirements.
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 310
Packet Pg. 1075
D.2.c
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,000 Bodily Injury by Disease,
each employee c
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General Liability, including $500,000 Combined Single Limit
Premises Operations (n
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
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Business Automobile Liability $300,000 Combined Single Limit c
(Owned, non-owned, and hired vehicles)
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
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Builder's Risk: Not Required
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The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida. The Contractor
shall provide a certified copy of the recorded payment and/or performance bond to the Owner U_
pursuant to Fla. Stat. Sec. 255.05.
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Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and
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 i
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 0
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per occurrence pursuant
INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 310
Packet Pg. 1076
D.2.c
to Fla. Stat, Sec. 725.06. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of
this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor s failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or 0
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf. c)
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
0
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Agency, the State of Florida, department of Emergency Management, and its officers and
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor in the
performance of this Contract.
0
This indemnification shall survive the termination of this Contract. Nothing contained in this U
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)
Agency's sovereign immunity.
PROPOSER'S STATEMENT
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1 understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. l fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
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Sea Tech of the Florida Keys Inc.
PROPOSER Signature ,
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 310
Packet Pg. 1077
D.2.c
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
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General Liability $5000.00 -
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Workers Compensation $0.00
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Liabilitypolicies are p Occurrence Claims Made
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Keys Anchor Insurance Agency
Insurance Agency Signature
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 310
Packet Pg. 1078
D.2.c
`1 �r
v-111111
Minority Owned Business Declaration 6
Sea Tech of the Florida Keys 11'ECsub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project 0
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(Check one)
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is a minority business enterprise,as defined in Section 288.703, Florida Statutes U
or �
X is not a minority business enterprise, as defined in Section 288.703,Florida Statutes.
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F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see
below)which is organized to engage in commercial transactions.which is domiciled in Florida,and which is at least
5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial. ethnic, or
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification cis
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and
whose management and daily operations are controlled by such persons.A minority business enterprise may
primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate fancily group if
the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this
subsection, the term"related immediate family up"means one or more children under 16 years of age and a
parent of such children or the spouse of such parent residing in the same house or living unit. 0
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17.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or U)
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than $5
million or any firm based in this state which has a Small Business Administration 84a)certification.As applicable to
sole proprietorships_the$5 million net worth requirement shall include both personal and business investments.
Contractor may refer to F.S. 288.703 for more information_
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Coa ractor p Tech of the Florida Keys Inc. Sub-Recipient: Monroe County
Si gnatlt Signature
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Print Name: Robin Szmansky Printed Name: 0
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Title: President Title/OMB Department: 0-
Verified via:
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R 1ji5,, LgAdM.e:ljjy :ri .di e rtoriw�µ i,
Address: 131 Palomino Horse Trail DEM Contract: Z0002
Cily(State(Zip Big Pine Key FI. 33043
Date: 09-08-22 FE•MA Project Number:
INSURANCE REQUIREMENTS AND FORMS • 00130- Page 46 of 310
Packet Pg. 1079
D.2.c
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, Sea Tech Inc certifies, by submission CL
of this document,that neither it nor its principals is presently debarred, suspended, proposed for o
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any o
Federal department or agency.
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(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective U
contractor shall attach an explanation to this form.
CONTRACTOR: 0
Sea Tech of the Florida Keys Inc.
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Signature Recipient's Name
Name and Title Division Contract Number
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Robin Szmansky President
Street Address FEMA Project Number 0
131 Palomino Horse Trail U
City, State, Zip
Big Pine Key FI. 33043
Date 09-08-2022
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End of Section 00130
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INSURANCE REQUIREMENTS AND FORMS 00130- Page 47 of 310
Packet Pg. 1080
D.2.c
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OF THE FLORIDA KEYS
LICENSED BUILDING CONTRACTORS
MCSO Stock Island Flood Protection Panels
Information Required to be Provided.
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A. A list of the entity's shareholders with five percent or more of the stock. 0
• Robin Szmansky- 51%, Ryon LaChapelle—49%
B. A list of officers and directors of the entity.
• Robin Szmansky, President
• Ryon LaChapelle, Vice President
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C. Relevant Experience:The number of years the person or entity has been operating. c
• 33 years, a list of jobs is attached.
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D. The number of years or entity has operated.
• 33 years
E. Answer to the following questions regarding the claims and suits.
a. Has the person or entity ever failed to complete work or provide the goods for c
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which it has contracted? Yes
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• Sea Tech contracted with the Army COE at Patrick AFB, Florida. After the contract
was more than 50%complete, the Surety on the payment and performance bonds went
bankrupt. Sea Tech's new surety would not provide replacement bonds without
documentation from Army COE. The Army COE would not provide the documentation.
The Army COE terminated the contract for default due to lack of bonds.
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or its officers, or
general partners? No CL
0
F. Has the person, within the last five (5) years, been a party to any lawsuits or
arbitrations with regard to a contract for services, goods or construction services
similar to those requested in the specifications? Yes
• Space Coast General Contractors, Inc. v. Sea Tech of the Florida Keys, Inc., Case
No.: 05-2012-CA-064831 in Brevard County, Florida. Settled via mediation
111412019.
PO Box 420529, Summerland Key,FL 33042
Phone: (305)872-0888 Fax: (305)872-8898
Packet Pg. 1081
D.2.c
• Inclan Painting & Waterproofing Inc v Sea Tech of the Florida Keys Inc, Case No:
2018-035403-CA-01, Dismissed in Miami-Dade County, settled 12121118.
G. Has the person ever initiated litigation against the County or been sued by the County
in connection with a contract to provide services, goods or construction services? No
H. Whether, within the last five (5) years, an officer, general partner, controlling c
shareholder or major creditor of person was an officer, general partner, controlling _
shareholder or major creditor of any other entity that failed to perform services or
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furnish goods similar to those sought in the request for bids. No U
I. Customer References
A
Name Address Phone
MCBCC/Steve Sanders 500 White St, Key West, FL 33040 305-295-4338
NAVFAC/Ileana Wolski PO Box 9018 Key West, FL 33040 305-293-2359
City of Key West/Karen Olson 201 William St, Key West, FL 33040 305-809-3803
J. Credit References
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Name Address Phone
0
Overseas Lumber Supply Inc 30251 O/S Hwy, Big Pine Key, FL 33043 305-872-3787 U
Strunk Ace Hardware 1101 Eaton St.,, Key West, FL, 33040 305-296-9091
Manley DeBoer 1109 Eaton St., Key West, FL 33040 305-294-5900
K. Financial statements for the prior three years (In separate email)
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Packet Pg. 1082
SEA TECH, INC.
PRESENT and PAST PROJECT LIST D.2.c
Client Name Owner's Contact Start End Contract Brief Summary of Project -E
Location Owner's Phone# Date Date Amount
—707—nisn material,equipment,labor,&supervision to design and construct a ne
Monroe County BOCC Steven Sanders CBS 3 bedroom,2 bath home with all interior and exterior finishes including
Big Pine Sheriffs House 305-295-4338 10/21/20 11/20/21 747,125 permits. Includes demolition of existing structure,concrete columns,masonry
walls,metal roof,room partitions,drywall,insulation,flooring,doors,windows,
porches, lumbin air conditionina,electrical and associated items.
Peraton Lori Dreger 12/29/20 08/31/21 244,965 Furnish material,equipment,labor&supervision to replace the above ground
Fuel Tank Replacement 703-668-3431 fuel storage tank including permits.
Peraton Lori Dreger 12/29/20 03/31/21 31,067 Furnish material,equipment,labor&supervision to replace the battery storage
Corrosive Room Door Replacement 703-668-3431 rooms lintel,roof re airs,wall re airs,and hun door re lacement.
urnis ma eria s,equipmen,pe orm e a or an supervision necessary o
complete the removal of the double doors and install new Commercial Storefrc U)
City of Key West Karen Olson 01/08/21 03/31/21 15,633 aluminum Impact Double Doors,color TBD,9/16"Low-E laminated Impact
Ferry Terminal Extra Door 305-809-3803
Glass full-view,ADA threshold,door closers,multi point keyed locks,standard
commercial handles with Recent Panic Devices on both doors. CIL
Monroe County BOCC Dan Bensley 01/15/21 01/19/21 1,400 Furnish materials,equipment,perform the labor and supervision necessary to c
MCDC Window Repair 305-292-4468 repairs alled concrete at the window of one ail cell. 2
City of Key West Karen Olson 11/17/20 12/22/20 22,517 Furnish material,equipment&perform the labor and supervision necessary to
FerryTerminal Countertops 305-809-3803 remove&replace countertops,sinks,and faucets in an operational building.
Monroe County BOCC Steven Sanders 10/01/20 11/23/20 35,315 Furnish material,equipment&perform the labor and supervision necessary to
Cud oe KeyCanopies 305-295-4338 install cano ies er lans to meet wind loads. Includes utters and permits
urnis ma ena s,equipmen,pe orm me labor and supervision necessary to
complete the removal of the double doors and install new Commercial Storefrc
City of Key West Karen Olson 10/20/20 11/06/20 14,865 aluminum Impact Double Doors,color TBD,9/16"Low-E laminated Impact
Ferry Terminal Entrance Door 305-809-3803 Glass full-view,ADA threshold,door closers,multi point keyed locks,standard
commercial handles with Reaent Panic Devices on both doors. U
Monroe County BOCC Steven Sanders Furnishmaterial,equipment, a or supervision o remove rep ace e ,
Historic Jail Roof Replace Steven Sande 10/12/20 11/04/20 111,525 existing metal shingle roof. The building is an historic site. Included asbestos
-4338
abatement and all permits. 0
Park Village HOA Wade Meyer Furnish material,equipment&perform the labor and supervision necessary to
7th Ave Pavilion Repairs 305-432-6373 10/21/20 10/28/20 9,645 reset the pavilion roof on 6x6 posts anchored to the concrete slab.
—F—urnisn material,equipment perTorm me labor and supervision necessary to
Monroe County BOCC Steven Sanders 09/14/20 10/26/20 48,235 remove&dispose of existing handrail. Fabricate&install approximately 220
Higgs Beach Handrail 305-295-4338 linear feet of FDOT Type 1 and approx 30 linear feet of FDOT Type 3
Pedestrian/Bic cle aluminum railin s includin ermits.
emo exis ing s airs,ramp,porc ki ing,porc ei and rai I s,&g ard rai I s a
City of Key West Karen Olson replace with new. New gutter,windows,doors,new interior layout,lighting, s
KWHS William St Restroom 305-809-3803 04/01/20 10/17/20 510,715 plumbing,,doors,partitions,accessories&finishes. Includes permitting,
Painting,drywall,the framing.
Monroe County BOCC Steven Sanders Furnish material,equipment&perform the labor and supervision necessary to 0
Card Sound Cano 08/24/20 09/30/20 305-295-4338 28,595 install canopies per plans to meet wind loads. Includes gutters and permits U
Monroe County BOCC Steven Sanders 06/12/20 09/22/20 28,135 Furnish material,equipment&perform the labor and supervision necessary to
Lon KeyCanopies 305-295-4338 install canopies per plans to meet wind loads. Includes utters and permits
State of Florida,DEP James Post Design,permit and construct four crossover ramp/steps for access to beach
Bahia Honda Crossovers 305-853-3571 12/01/19 06/30/20 143,285 areas. U_
rove e all labor,materials,supervision and equipment required to demo
existing structures and buildout a new fee booth including concrete foundation,
National Park Service William Vazquez 05/20/19 06/12/20 443,855 cmu walls,trusses,door,windows,electric,lightning protection for a 216sf
Everglades Booth/Amphitheatre 305-242-7793 0
building with asphalt driveway. Add outdoor lights,benches,and outdoor
odium with as halt driveway for Amphitheatre.
State of Florida,DEP James Post 10/17/18 06/01/20 943,115 Provide all permits,labor,material,equipment and supervision for the site worl
Bahia Honda Restrooms 305-853-3571 foundations,and installation coordination of the public bathhouse and restroon
Monroe County BOCC Steven Sanders 04/11/19 05/31/20 49,925 Provide permits,labor,materials and supervision to install a new sustainable
Harr Harris Kiosk 305-295-4338 kiosk sign i—PMncludin rainwater ca ture solar electric metal roof and site work. 1
rove e perms s, a or,ma eria s supervision o emo exis ing stair,ramp,
Key West Historic Seaport Karen Olson porch roof,exterior lighting fixtures. Relocate existing light pole. Remove
Margaret Hit.Restroom Karen Olson
02/12/19 05/15/20 314,519 existing slab,plumbing fixtures,lighting fixtures,finishes and some interior wal CL
Add new ramp,stair,porch roof,minor landscaping,doors,lighting,new floor
layout. lumbin artitions accessories finishes per construction documents
Peraton Inc Chermerre Wells Furnish labor,material and equipment to upgrade electrical systems,fix cmu C
Blimp07/16/19 01/31/20 147,259
Site Blockhouse Repairs 757-594-1625 walls and paint
Monroe County BOCC Steven Sanders Move two old trailers from one location to another. Construct new entry steps
Relocate 2 Trailers 305-295-4338 08/27/19 10/30/19 39,230 and ramps in new location.
Monroe County BOCC Steven Sanders 09/09/19 09/09/19 4,215 Furnish material,labor and equipment to patch approximately 8 SF of concrete
Patch Elevator Ceiling305-295-4338 s allin located at the ceilin of the elevator shaft
Provide perms s, a or an ma eria o ins a rywa ,insu a ion an pain in a
Monroe County BOCC Matthew Howard walls and ceilings where it was removed,remove all floor finishes and wall bas
MCSO Headqtrs Irma Repairs 305-850-8123 04/04/19 08/18/19 507,902 install an HTC Super floor Polish System for the floor on 1st&2nd floor, Instal
new rubber base on 1st&2nd floors. Furnish&install casework,cabinets,
sinks replace all acoustical ceilina tile
Monroe County BOCC Cary Knight 06/22/19 07/22/19 51,525 Provide permits,labor,materials&supervision to install a concrete pad,play
Bernstein Park Fitness Ct 305-292-4527 surface fitness court with all assoc.
FKAA Jolynn Reynolds 06/03/19 06/30/19 10,175 Provide&install post shores to select areas of building.
FKAA Hd trs Office 305-296-2454
Monroe County BOCC Rob Tudor rove e permits,labor,materials&supervision to reinstall rywa ,insulation,
FJC Finish&Wall Repairs 305-292-4416 01/11/19 06/10/19 130,520 and paint in all walls and ceilings where it was remo Packet P 1083
molding,base board door moldings and benches to 9
page 1 of 3
SEA TECH, INC.
PRESENT and PAST PROJECT LIST D.2.c
Client Name Owner's Contact Start End Contract Brief Summary of Project -E
Location Owner's Phone# Date Date Amount
State of Florida, Donald Bergeron 01/18/19 04/30/19 28,570 Provide labor&materials to install temporary utilities in two locations
Bahia Honda Temp Toilets 305-872-3897
Monroe County BOCC Cary Knight 04/03/19 04/30/19 4,935 Furnish material,labor&equipment to paint and install customer supplied door
Install 3 Doors 305-292-4527 in existing frames.
Monroe County BOCC Steven Sanders 04/10/19 04/10/19 5,745 Provide permits,labor&materials to install new awning and gutters and repair
Ruth Ivin Ctr Repairs 305-295-4338 downspout
State of Florida,DEP Mark Hodges 06/04/18 03/18/19 56,315 Provide structural repairs to ranger residence to include permitting,install post
Dan Park Ranger Repairs 772-380-6938 shores,concrete re airs,sandblasting,repair structural steel,paint&clean u
Construct a single stall, compliant unisex res room including connec ion �
Key West Historic Seaport Karen Olson 12/07/18 03/13/19 83,371 existing utilities,demolition of concrete slab,removal&modification of
Schooner Wharf Bathroom 305-809-3803 breakaway panels,build a CBS structure with foundation,plumbing,bath
accessories li htin door frame&hardware ventilation er construction Ian
Furnish ma eria s a or per e rawings specs ica ions o provi e se ec IVE
Monroe County BOCC Steven Sanders 09/07/18 03/01/19 118,825 replacement of drywall,vinyl baseboard,cabinets,ceiling tile,exterior light CIL
Marathon Annex Drywall 305-295-4338 fixtures,flooring,fencing,canopy cover,flag pole,gutter&downspouts,metal 0
awnin s doors outlets. 2
FKAA Jolynn Reynolds 09/20/18 03/01/19 40,928 Provide&install post shores to select areas of building,repair beam concrete, ILL
FKAA Hd trs Office 305-296-2454 concrete spalling repair per plans&specs
Monroe County BOCC Cary Knight LO
02/18/19 02/19/19 7,675 Provide permits,labor&materials to repair wall cracks with mortar U
West Martello Wall Repair 305-292-4527
rove e permits,labor&materials to install and finishapprox 2268 st drywall,
Monroe County BOCC Matthew Howard replace metal tracking approx 120 If,RFP panels approx 172 sf,insulation
Sheriff Hangar Marathon 305-850-8123 11/07/18 01/29/19 48,855 200sf,new exterior door,kitchen cabinets,countertops,sink and faucet in an
occupied building
Monroe County BOCC Steven Sanders Provide all labor&materials to install drywall&insulation in all walls&ceilings u
Old Courthouse Drywall 305-295-4338 09/20/18 10/31/18 21,715 where it was removed in various spaces
Monroe County BOCC Steven Sanders 09/20/18 10/31/18 14,975 Provide all labor&materials to install drywall&insulation in all walls&ceilings LO
Gato BldgDrywall 305-295-4338 where it was removed in various spaces 0
Peraton Inc Chermerre Wells 08/23/18 10/22/18 67,604 Provide&install new gate and fencing per drawings and specifications includir
BlimpSite Gates 757-594-1625 electrical work trenching
Monroe County School Board Michael Skrodinsky 08/06/18 08/31/18 27,351 Demo concrete slab,install new sidewalk with landing to include,forms,
BigPine School Sidewalks 305-293-1400 compacted f II
Repair and resurface the oceansi e boardwalk from damage caused by
National Park Service William Vazquez 05/30/18 08/11/18 116,530 Hurricane Irma. Demo damaged areas,install thru flow and stair treads to LO
Repair Boardwalk from Hurricane Irma 305-242-7793 approx 250 If.
Monroe County School Boardcs
TRIMS Locker Spalling Michael Skrodinsky 06/22/18 07/22/18 4,398 Provide selective spalling repair to TRIMS football locker room.
305-293-1400
Monroe County School District Jeff Barrows Provide all 07/01/16 06/30/18 214,795 engineering,labor&materials to strip,waterproof,and repaint two 0
Paint Marathon Schools 305-360-1424 school bld s.to include removal of stucco grooves,clean all caulked oints. U
National Park Service William Vazquez Provide all labor,supervision,material,tools,equipment,supplies,transportati
Repair Pavement from Hurricane Irma 305-242-7793 06/20/18 06/28/18 60,480 and incidental to pave the North&South Parking Lots and pave a spur road 0)
from east lot to the head of the nature trail
Monroe County BOCC Johnnie Young rove e&Installnew drywall where old drywallwas removed,cut o fit&instal
Bi Pine Key Library Repairs 305-292-4429 04/18/18 06/13/18 34,724 new steel framing studs where old materials have rotted,provide all trim,
g y y p wainscoting to match existing
FBI Anna ercaw Design&Build office spaces to include,selective demolition,new walls,new 0
Istanbul,Turkey 202-324-2666 09/27/14 05/31/18 $464K doors,flooring,ceiling,paint,upgrade electric,HVAC,new office furniture.
Monroe County School Board
Post Pockets/Sidewalk Repairs Michael Skrodinsky 05/11/18 05/31/18 29,216 Fill fence post pockets and repair sidewalks at two Key West schools.
305-293-1400
Provide&install exterior repairs,selective demo,install new Hardie siding,pal I
Mr.&Mrs.Gordon Robert Sheehan 02/26/18 05/15/18 97,861 interior repairs to include insulation,drywall,baseboards,ceiling,paining, M
Gordon Rd House Repairs U)
flooring,new exterior deck and stairs with landing,plus all permits 0
Monroe County BOCC TEM Mechanical 04/10/18 04/16/18 7,750 Provide&install wood picket fence with 6x6 posts,2x4 framing and 1x4 picket �
KeyWest LibraryFence 305-414-8290 a a dwhite.
l ooRay Sanders ns e , ,
Senior Center Kitchen Renovations 05-295 4337 04/06/17 04/05/18 169,393 accommodate kitchen equipment,relocate propane tank,install grease trap,ai
all associated work.
William Vazquez Repair&replace sub structure and pilings,retread deck with trex,construct all
St Augustine Boardwalks 305-242-7793 04/13/17 02/28/18 446,465 new rails. All must be ADA compliant
Demo 3 Trailers Canal LLC 12/11/17 02/28/18 19,710
Demolish 3 trailers,load,haul and dispose of all demolition trash and debris,
including capping off water,sewer,disconnect electric&permits
Monroe County BOCC Steven Sanders 02/19/18 02/23/18 3,325 Install approx 80sf of acoustical ceiling&repair approx 60 sf of drywall ceiling
Key West Library Ceiling Repair 305-295-4338
Monroe County BOCC Dan Bensley Provide labor,supervision,materials and eqt to replace 300 ton chillers,
Stock Island Jail HVAC 305-292-4468 07/27/16 01/31/18 1,538,612 chilled water pumps,upgrade cooling towers,including all associated work,an
upgrade the building automation system in two occupied buildings.
Gordon Rd Soffits Richard Sanders 11/08/17 12/07/17 10,085 Remove existing vinyl soffit,install painted 1/2"plywood with 1"x2"strips&
stainless steel framing nails. Caulk seams,install 3"round vents ever 24"
Soffit Hardie Trim Rami Razouk 10/23/17 11/30/17 8,424 Replace approx 254LF of soffit with Hardie Panels
Library HVAC Slab TEM Mechanical 10/25/17 11/15/17 5,530 Construct a slab to hold HVAC equipment
305-414-8290
Demo House Post Irma Tiki Beach LLC 10/01/17 10/31/17 11,640 Demo remaining house structure including concrete f
Switlik Front Door Relocation Jeff Barrows 07/07/17 07/31/17 8,380 Install GFE Exterior Door and construct a concrete A Packet Pg. 1084
305-360-1424
SEA TECH, INC.
PRESENT and PAST PROJECT LIST D.2.c
Client Name Owner's Contact Start End Contract Brief Summary of Project -E
Location Owner's Phone# Date Date Amount
Ray Sanders —73-nvert a storage room to a new customer entry and ticketes including
Key West Lighthouse Ticket Counter 305-295-4337 07/01/16 06/30/17 51,289 construct a concrete slab,install electrical,data systems,lights,new door,neN
ticket convert and painting.
Higgs Beach Yoga Platform William DeSantis 05/16/17 06/30/17 8,970 Remove existing wood deck&replace with Pressure Treated 2x6 using
305-797-1250 stainless steel deck screws
Marathon High School Concrete Slab Jeff Barrows 05/02/17 06/01/17 13,920 Construct 5 concrete slabs at two schools to hold A/C units.
305-360-1424
rove e all labor,material equipment or selective demolition,wall framing
Monroe County BOCC Ray Sanders 12/02/16 02/02/17 59,651 drywall,insulation,base boards,paint,ceramic flooring,interior&exterior door
Fleet Maint Office Upgrades 305-295-4337 replacement,install window A/C units,remove&replace light fixtures,replace
roof and associated items.
Monroe County BOCC Dave Tegreene Provide a or,ma a eria,equipmen u supervision or site preparation inc u
Temp Office Card Sound 305-292-4339 10/14/16 11/14/16 42,775 relocating existing trees,placement of mobile temporary office trailer with wate M
sewer electrical hooku s data cables and ADA access ramps.
Monroe County BOCC Dave Tegreene CIL
rove e alabor,ma eria,equipment supervision Tor site prepara ion inc u u
TempOffice Cudjoe Key305-292-4339 10/14/16 11/14/16 38,915 relocating existing trees,placement of mobile temporary office trailer with wate 0
sewer,electrical,",data cables and ADA access ram s.
Provide a labor on materials,supplies,eq oo s o install erosion
Monroe County BOCC Cary Knight 06/20/16 10/14/16 127,644 control devices.Cut reinforce bars flush,pressure wash,saw cut grooves in LO
Little Torch Boat Ramp Repairs 305-292-4527 concrete ramp.Install cofferdam and repair all concrete spalling,seal concrete
cracks re lace boat dock deck lanks oists&cross bracin S read lime roc
rove e a a or,ma eria,equipmen supervision or si e prepara ion inc u u
Monroe County BOCC Cary Knight 07/11/16 08/31/16 33,588 relocating existing trees,placement of mobile temporary office trailer with wate
Temp Office Long Key 305-292-4527 A
sewer,electrical hooku s data cables and ADA access ram Qs.
US Navy Survey Design a spas crac s o land
rtield. Apply herbicide to required U
Slurry Seal Airfield Overruns Mary Thompson 08/05/15 08/30/16 $1.02M areas,repair spalls&cracks,slurry seal existing asphalt runway overruns,
Ke West FL 305-293-2504 re aint chevrons. All on o eratin air
fell. LO
onroe oun y can Paint a ex error concre e su aces,inc u ing rim,cornices,porc es 0
Harvey Govt Bldg Paint Dan Bensley 11/03/15 05/31/16 $89K ceiling,fire pump bldg.,white ships ladders on roof,drive through gates&sign
305-292-4468
Ke West FL base.Caulk&Raint. Spalling repair,install new doors.
US Navy Ileana Wolski Design&buildo improve the Tunctionality or the United titreetn Fy e o inc u
Upgrades United St Gate 09/03/14 04/30/16 $531K demolition,install new gates,fence,barricades,barriers,card reader,traffic
NAS Key West FL controls,controls implementing ADA compliance. LO
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2022 / 2023
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2023
RECEIPT# 30140-23837
Business Name: SEA TECH OF THE FLORIDA KEYS INC
Owner Name: ROBIN SZMANSKY Business Location: BIG PALOMINO HORSE
BIG PINE KEY, FL 3304343 �
Mailing Address:
PO BOX 420529 Business Phone: 305-872-0888 CL
SUMMERLAND KEY, FL 33042 Business Type: CONTRACTOR (CERTIFIED BUILDING)
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Employees 15 U
STATE LICENSE: CBC1259331
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
35.00 0.00 35.00 0.00 0.00 0.00 35.00
0
Paid 000-21 -00039653 07/28/2022 35 . 00
THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL c�
COUNTY AND/OR
MUNICIPALITY
PLANNING, ZONING AND t)
LICENSING U)
REQUIREMENTS.
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MONROE COUNTY BUSINESS TAX RECEIPT U)
P.O. Box 1129, Key West, FL 33041-1129 CL
EXPIRES SEPTEMBER 30, 2023 0
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Business Name: SEA TECH OF THE FLORIDA KEYS INC RECEIPT# 30140-23837 ..
131 PALOMINO HORSE TRL
Business Location: BIG PINE KEY, FL 33043
Owner Name: ROBIN SZMANSKY
Mailing Address: Business Phone: 305-872-0888
PO BOX 420529 Business Type: CONTRACTOR (CERTIFIED BUILDING)
SUMMERLAND KEY, FL 33042
Employees 15
STATE LICENSE: CBC1259331
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
35.00 0.00 35.00 0.00 0.00 0.00 35.00
Paid 000-21 -00039653 07/28/2022 35 . 00
Packet Pg. 1087
D.2.c
SEATE-1
AC�7R[7' CERTIFICATE OF LIABILITY INSURANCE DATEIMMILI) ^IYYI
� 02/2012022
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(9), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(iesl 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 dales not confer rights to the certificate holder in lieu of such endorsements.
PRODUCER 305 741-7373 WE Rebecca Horan
Keys Anchor Insurance Agency PHONE 31]5-741-7373 FAX 844.269.7923
Rebecca Horan AXc No,Ex"' ....... AM,No.
PO BOX 420308 C
Summerland Key,FL 33D42 "" M
Rebecca Horan INSURERtSIAFFORDING COVERAGE ,,,,,.._...........Hmc#
- uRg A:gnntinental Casualty Company 20443 c
Kinsale insu ran re Co 39920 0
C'Me'coh of the FI Keys Inc
131 Palomino Horse Trail a_c:
Sig Plats Key,FL 33043 SEER D: 00
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COVERAGES CERTIFICATE NUMBER, REVISION NUMBER, C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD U)
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, cy
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0
LLTR TYPE OFINSURANCE ArLLILSUIB�i POL.IGYNtI&1 R P€71ICYIFF PCLLCYEXP i.MITS
B X CONNEW-kAL GENERAL LIAMU Y EACH tp URRE -E S 1,600,06 0
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Not subject to cancellation, nonrenewal, material Change or reduction in coverage unless e
g a minimum of thirty (30) days prior notification is given to the County by the Insurer
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CERTI CAE flOLDER CANCELLATION
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED EEPORE
Monroe County BOCG THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELnnERED IN
tY ACCORDANCE WITH THE POLICY PROVISIONS.
Insurance Compliance
PO Box 100086
Duluth,GA 30095 AL �T"t orasIcNTATIVE
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Rebecca Horan
ACORD 25(2016103) 01955-2013 4CORID CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACORD
Packet Pg. 1088
D.2.c
®a DATE(MMIDDIYYYY)
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.
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/CrNo.Ext):305-294-1096 (AIc,No):305-294-8016
Key West FL 33040 ADDRESS:
INSURERISI AFFORDING COVERAGE NAIC p
CL
Lice:nse:# L100460 INSURER A:Travelers Casua!Cy,Insurance Company of America 19046
INSURED SI:Ai `r:I H•Ek;;" INSURER B ..... „, 0
Sea Tech of the FI Keys, Inc.
PO Box 420529 INSURER C
Summerland Key FL 33042 INSURER D:
INSURER E. C3
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
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. U
INSR .ADDL SUER POLICY EFF 1 POLICY EXP
LTR TYPE OF INSURANCE iusn Mn POLICYNUMBER MWDD/YYYY) (MMIDDIYYYY) LIMITS
COMMERCIAL GENERAL LIABILITY F:AC;H OC;C URRENC E S
DAMA6E TO RE 141 E'D �
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POLICY JECT LOC I1RLDLDUCTS.C,w'D(0P/OPAGG E
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+''+ AUTOMOBILE LIABILITY y BA&.4705 4 311/2022 311120.23 :. "' '.::: S b.DDD.000
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AUTOS ONLY Aa T, ONLY
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UMBRELLA LIAB OC"C'UH EACH OCCURRENCE S
EXCESS LIAB ...C;LAIO r-MAd:D III AGGREGATE
DnbED RIEIIEN-0I OONNS :E
WORKERS COMPENSATION owe .___..,....m._o..w,.wo. ._....______________________—.....,." "°E°K'{ 1.m........-----------------
AND EMPLOYERS'LIABILITY YIN STATUTE I;;lt _... ......_. .......
ANYPI-YOPI-YIE TOR/PAR TRNI R1G`.bt.:CUI TOVG' I' � NIA E L.EACH ACCIDENT S -__ __
;',DI'1'1 UC PRIM6I,:VAB RlEXCJ0..UD D"
(Mandatory in NH) E L (NSIZ:ASI .I EAI'::@wtlfaLOYI I,I: S
DESCRIPTION Ck'OPERATIONS tmlow E L DISEASE A:iE-POLICY LIMIT 'S (Ai......
I
DESCRIPTION OF OPERATIONS,r LOCATIONS f VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required)
U)
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Not subject to cancellation,nonrenewal,material change or reduction in coverage unless l
a minimum of thirty(30)days prior notification is given to the County by the Insurer 0-
CL
CERTIFICATE HOLDER U
CANCELLATION
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 100085
Duluth GA 30096
2
c rIghtsreserved
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Packet Pg. 1089