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Item C12 C12 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting July 17, 2024 Agenda Item Number: C 12 2023-2577 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick n/a AGENDA ITEM WORDING: Approval of Change Order#1 to the Agreement with Sea Tech of the Florida Keys, Inc. for the Big Pine Community Center Flood Panels mitigation project in the amount of $34,502.04. This Change Order also extends the substantial completion date by 571 days. This project is part of the Hurricane Irma recovery and mitigation. ITEM BACKGROUND: During construction it was discovered that the approved flood panels were too heavy to be easily moved and/or installed in the event of a hurricane or other emergency. Monroe County directed the contractor to submit a different product that was lighter in weight allowing for easier installation by County staff. This change order includes the cost to revise the flood panel type and cost to cover the original shop drawings. Additionally, the change order includes a deduction to remove the water repellent from the scope of work as the structure was recently painted and the Engineer of Record determined that this product was not needed. The change in work necessitated an increase of the contract time by 571 days due to revisions in the product and lead time with procuring the new flood panels. PREVIOUS RELEVANT BOCC ACTION: 4/19/23 - BOCC approved Agreement with Sea Tech of the Florida Keys for the Big Pine Community Park Flood Panels INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Revision to the flood panel product type and increase to contract time. STAFF RECOMMENDATION: Approval of Change Order#1 606 DOCUMENTATION: Agreement—Sea Tech—BP Flood panels_ EXEC-4.19.23.pdf Change Order#1—SeaTech—BPFlood Panels.pdf 2024 04 COI Seatech AL GL WC exp 3.1.25 signed.pdf FINANCIAL IMPACT: Original Agreement: $122,115.00 Change Order#1: $34,502.04 New Agreement Total: $156,617.04 125-04591 10-Hurricane Irma Insurance on file. 607 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 19t" day of April 2023 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Sea Tech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key, Florida 33043 For the following Project: BIG PINE COMMUNITY PARK FLOOD PANELS Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Documents and Specifications. The Contractor is required to provide a complete job as contemplated by the documents and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the repairs listed. The Scope of Work includes the purchase and installation of flood protection panels at thirteen (13) openings at the Big Pine Key Community Park Community Building. The panels will be installed at seven (7) standard doors, one (1) elevator door, two (2) garage doors, two (2) concessions counter openings, and one (1) vent. The Contractor is to provide filled CMU cells at all openings for flood panel connection. The Contractor is to provide water repellant around perimeter of building up to flood proofing line. The Contractor is to patch, repair and paint any area disturbed by work scope. The Contractor shall acquire all necessary permits, including any fees as a part of the contract price. The Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of debris. Page 1 of 36 608 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was Page 2 of 36 609 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 "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Twenty-Two Thousand, One Hundred Fifteen and 00/100 Dollars ($122,115.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A 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, 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 (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and Page 3 of 36 610 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: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 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 Page 4 of 36 611 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: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Page 5 of 36 612 Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes 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: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records 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 County 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 by the Owner. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries 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 Page 6 of 36 613 verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County 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. 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 Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the 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 Page 7 of 36 614 County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer 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. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this 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. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health 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, Page 8 of 36 615 color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, 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 September 24, 1965, and of the rules, regulations, and relevant orders of the Page 9 of 36 616 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. 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 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. 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 of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that Page 10 of 36 617 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 laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records 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 perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records Page 11 of 36 618 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. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, 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 acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, Page 12 of 36 619 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: 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. s) Non-Delegation of Constitutional or Statutory Duties: 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. t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of 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. u) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include, but not be limited to, a Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace Statement. v) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. w) 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. x) 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 36 620 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 claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. FDEM Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. y) 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. Page 14 of 36 621 z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary 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 a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the 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. aa)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. bb) 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. Page 15 of 36 622 cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work 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 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. dd) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein 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. ee) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Sea Tech of the Florida Keys, Inc. Robin Szmansky, President 131 Palomino Horse Trail Big Pine Key, Florida 33043 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 Page 16 of 36 623 7.8 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal 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 pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "A" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, 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 (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as 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 Page 17 of 36 624 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 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. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for 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 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 this section, 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 Page 18 of 36 625 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 this section, 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 this section. (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 contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.8.4 Clean Air Act (42 U.S.C. W401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401- 7671 q), 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 Page 19 of 36 626 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 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 vL�n w.L. nrrn.. . 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 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 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 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 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 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 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 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 Page 20 of 36 627 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 — 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, Irtt v�rnrrnroro raurrnrrn c:rarrnir Irr iriur- ieac:�uir rrnr in �uirr liirr c: Kira irrn. 1............... .............................................1.................g............... ............................... ............................I........................................................................I....................................................................................g..............................................................1......g......1...................g......................... The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE 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 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. 7.8.9 Domestic Preference for Procurements as set forth in 2 CFR �200.322 The COUNTY and CONTRACTOR should, to the greatest 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 Page 21 of 36 628 subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal and FEMA Requirements (as applicable) 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 pursuant thereto. 7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 7.8.12 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA 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 from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 7.8.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance 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. Page 22 of 36 629 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. 7.8.16 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 7.8.17 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.18 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the Contractor will be bound by the terms and conditions of the Federally- Funded Sub-award and Grant Agreement between County and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County web page: lit.t:1M.g.!::�.. irt 7.8.19 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. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this 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 Page 23 of 36 630 that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the 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 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings prepared by MC Harry & Associates dated September 9, 2022 (5 pages total). b) Project Manual prepared by MC Harry &Associates dated September 9, 2022 (93 pages total). Page 24 of 36 631 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 2/17/23 1 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. [signature page to follow] Page 25 of 36 632 n by the Contractor must be by a person with authohly to in the entity, I E OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF C40U TY COMMISSIONERS In Maclok, Clerk OF MONROE NTY, FLORIDA By: or 'Chair a ir As Deputy Clerk ?5aybr--7Cha-'r a Date A ril 19, 2023 MONROE COUNTY ATTOPNEYS OFFCE ^PPROVED AS TO FORM DATE: CONTRACTOR'S W!Ln_esses At_test,. CONTRACTOR: SEA TECH OF THE Contractor must provide two witnesses FLORIDA K ......................... signatures &gnature: Signature,:A61� 'sLk'4"�.) Print Name: Print Name' [itchy PpUtsch....__ Date,: 4/512023 Date., 41'5/2023 -n and 7�)r —n Signature-, 0 c-) X Print Name: Thomas Deutsch- "4 C"11 17) Date"; 4/5/2023 STATE OF F.12rida .......1, COUNTY OF On this 5th day of Avr,il 1 20�_21 before me, the undersigned notary public, by means of [Y' physical presence or 0 online, personally appeared - R,2bin S&m (name of affiant)known to me to be the person whose name is subscribed above or who produced Ian opa __as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for Big Pine Community Park F d Panels_wWfor the purposes therein contained,, Notary Publi 1 0', �,.�q , 7 - Print Name Becky L Body L,Doutact, PUBLIC My commission expires, -NOTARY STATE OF FLORIDA ConwrW GG962754 - Expires2/2WO24 Page 26 of 36 633 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 Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls 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 Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 27 of 36 634 EXHIBIT A Department of Labor Wage Determination Page 28 of 36 635 "General Decision Number : FL20230022 01/20/2023 Superseded General Decision Number : FL20220022 State : Florida Construction Type : Building County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : 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 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 ) . lIf the contract is entered 1 . Executive Order 14026 1 linto on or after January 30, 1 generally applies to thel 12022 , or the contract is 1 contract . 1 lrenewed or extended (e . g . , an 1 . The contractor must pay 1 loption is exercised) on or 1 all covered workers at 1 lafter January 30 , 2022 : 1 least $16 . 20 per hour (orl I I the applicable wage rate ) I I listed on this wage I I I determination, if it is I higher) for all hours I I I spent performing on the I I I contract in 2023 . 1 I I I 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 lcontract is not renewed or 1 . The contractor must pay I lextended on or after January 1 covered workers at leastl 130 , 2022 : 1 $12 . 15 per hour (or the I I ( applicable wage rate listedl I Ion this wage determination, ) Page 29 of 36 636 if it is higher) for alll hours spent performing onl that contract in 2023 . 1 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 necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request . Additional information on contractor requirements and worker protections under the Executive Orders is available at http : //www. dol . gov/whd/govcontracts . Modification Number Publication Date 0 01/06/2023 1 01/13/2023 2 01/20/2023 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ----------------------------------------------------------- ENG10487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ----------------------------------------------------------- * IRON0272-004 10/01/2022 Rates Fringes Page 30 of 36 637 IRONWORKER, STRUCTURAL AND REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 27 . 00 14 . 77 ----------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 ----------------------------------------------------------- SFFL0821-001 01/01/2023 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 31 . 28 21 . 90 ----------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ----------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 ** 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 ** 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 ** 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 ** 0 . 00 OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 ** 0 . 00 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 ** 0 . 00 Page 31 of 36 638 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 SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 ** 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away . . . . . . . . . . . . $ 8 . 00 ** 0 . 15 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ----------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16 . 20) or 13658 ($12 . 15) . Please see the Note at the top of the wage determination for more information . 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 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 Page 32 of 36 639 protections under the EO is available at https : //www . dol . gov/agencies/whd/government-contracts . 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) ) . ----------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination . The classifications are listed in alphabetical order of ""identifiers" " that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or " "UAVG" " denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Page 33 of 36 640 Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . 5/13/2014 indicates the survey 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. 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 union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination . 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier . A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS Page 34 of 36 641 1 . ) Has there been an initial decision in the matter? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. 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 : Branch of Construction Wage Determinations Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request 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 Page 35 of 36 642 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 : Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . ----------------------------------------------------------- END OF GENERAL DECISIO" Page 36 of 36 643 SECTION 00120 NON-COLLUSION AFFIDAVIT Robin Szmansky of the city Big Pine KeyFI. 33043 according to law on my oath, and under penalty of perjury, depose and say that: 1. I am_ President of the firm of Sea Tech of the Florida Keys Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Big Pine Community Park Flood Panels and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge of said project. _& 3-22-23 (Signature of Proposer) (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of V physical presence or ❑ online notarization, on 3-22-23 (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced Known (type of identification) as identification. Becky L.Deutsch NOTARY PUBLIC NOTARY LiC M STATE OF FLORIDA SEA' Comm*GW62754 2-26-24 ( E I.,i Expires 2126J2024 My commission expires: PROPOSAL FORM 00120- Page 28 of 238 644 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Sea Tech of the Florida Keys Inc. f, (Company) warrants that helit has not employed, retained or otherwise had act on hislits behalf any former County officer or employee in violation of Section 2 of Ordinance No. D10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-199D. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: 3-22-23 STATE OF, Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of V physical presence or ❑ online notarization, on 3-22-23 (date) by Robin Szmansky (name of affiant)_ He/She is personally known to me or has produced Known (type of identification) as identification. 2A L Becky L.E]eutsch `D t NOTARY PUBLIC NOTARY FUBLIC c STATE OF FLORIDA " CGmm#GG962754 My commission expires: 2-26-24 ti Expires 2/26/2024 PROPOSAL FORM DD12D- Page 29 of 238 645 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: Sea Tech of the Florida Keys Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 693 (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 this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature 3-22-23 Date STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of l� physical presence or❑ online notarization, on 3-22-23 (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced Known (type of identification) y Becky L_Deutsch as identificatio NOTARY PUBLIC STATE OF FLORIDA Lamm#GG962754 e r Expires 2f2612424 NOTARY P IC 2-26-24 (SEAL) My commission expires: PROPOSAL FORM 00120- Page 30 of 238 646 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." have read the above and state that neither Sea Tech of the Florida Keys Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date. 3-22-23 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of 66 physical presence or ❑ online notarization, on 3-22_23 (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced Known (type of identification) as identification. NOTARY 13LIC (SEAL) Becky L.peUtsch My commission expires:2-26-24 NOTARY PUBLIC STATE OF FLORIDA Comm*GGS62754 Expires 2/2612024 PROPOSAL FORM 00120- Page 31 of 238 647 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): gig Pine Community Park Flood Panels Respondent Vendor Name: Sea Tech of the Florida Keys Inc. Vendor FEIN: 65-0126213 Vendor's Authorized Representative Name and Title: Robin Szmansky President Address: 131 Palomino Horse Trail City: Big Pine Key State: Florida Zip: 33043 Phone Number305-872-0888 Email Address: robins@seatech.cc Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the 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 above referenced company. Authorized Signature: &�� Print Name: Robin Szmansky Title: President Note: The List are available at the following Department of Management Services Site: I . a:��www.duns.un tlloiriida.coun�li��usliir�ess o aei Uioirns/state a�uir�;ll�asliir� ��reir�doir liir�toirunatlioir��coir��rlioted sous a I............................................................................................ ..............................................................................................................................................Il.......................................................................................,,,,,,,,li..........................................................g...............................................,,,,,,,,...i...............................................i........i..........................ir].....................................,,,,,,,...................... t...... !n ..,,,,. iis�iriir ii!r�. :t:2.!�.`�,,,,,,,p�a!i,ntallgii!r�:ts.,,,,,,ven !r,,,,,,,lllists PROPOSAL FORM 00120- Page 32 of 238 648 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 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 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 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 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 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. Signature of Contractor's Authorized Official Robin Szmansky President 3-22-23 Name and Title of Contractor's Authorized Official Date PROPOSAL FORM 00120- Page 33 of 238 649 DISCLOSURE OF LUBBYING ACTAITMS: Ciil THIM FORAITIC DMPMOSELOBBIMP]. TO 3 2 U,3,C D112 '1, Tw-p,e iof FeAerd Action: I �tmtu.:Sof Federal Actiow, J. Repert Type: a c❑ as IM,ct E2!n.Initffetw"Arinau ❑ L nit al gn,ILI Ji"th�, Mur-'md b, U0,121il".1 alp d lum", Far If arterial flange 0,nJT: e 'loan P.M,Elee 1112ar tryuML-r, f l0,xnimumnce 6ii e.-o,,f burr repurr. 4, Name md,Ad&@,3.,,of REparting,EnfiMl S. If,Reppartimg Emhtv is Nln.,3is Simbamardpe.. EntirNam*in,nd,AAdrem of Frim'p-. ElRume 0suk4wMdee Der ifInflum, CTupesualual Distrkli,ifimawu Carigreulamal Dislnk d keewn 6, FLderrd,DepaxtmemUApmxT-. 7 FAeral CFDA Numbulif app-l-liWe 8.. AwardAinauni,if kmopm., 10- a. bi Indhi foals TeTfarmimg Spnirey p,rn6 g (U,lZil-n-ad-d a,,,la slzam,2.fint.aame.,'Mr,I� a d irs�s if driffaren.1 from Na.I ft) Clmr aninE,Enr num,MTJ (anzrh Ccrnz�aunrn ��if mecesaizxy) H. lmaam4 A Fin mreamt(chKk%U&M appl ') 13. Typ*of Filymect 0"I'liKkcall that apfpKll) ❑hr.panl El Famm a F—I a, rptamu b, ane-lime fe. H. Faiirm of Payment(,chiklc 0,Yffist-sy1fly): c, c0=.;6Gff Fla 1�131 d r:Durmzeml fee F—] b m-imd., i mArre. P xlAf=Eld n&K a?" f oliEr,-,pedf� 14. Bniel Descriplien Df Seridus Performed w,W be Wormed and 1013 19,�!)a I imclsbag, D EMPI a Or mg-mber#)c o atxled,fi,F F syme Fit ImAicated,in Rem 11: rats as is Cannint"M Shesv',Is,ff IS Yes El Na El If LEMMMtQ13 rKMQ-,t9li tm�YL4 ifill,:EMM'.':i 3 . Tills 31 US C 1312 M%dl,szliaswq,dlekb7 T A ,'Ir p MU vaLmegrum,pbzadby dia,=zbia-k,;,miUu L�=,w�ca wma mada or onto Lento. 71i dndwrizo h r&qzyz4d Print Name. punumai no 11 U'i C ➢312 Tlu,mfwr—,zftnn wiLl ha r;Fxiaod to Ccuq;%api =,A imUba inziulabla Far FAIJ.'Ic,mvpknun AnylpQrwim E,3�EmLjs fia fij,o &Ii-L'Amu'a ILIZ bi', 'sv=va L cun".1 I e d"Mot"onl IM I 10,030'23A Mon.mova Offim V[0,0,UdlclMT wzL,rruzl,E31hi TF IP.�hDM*,14'0 Ami,xnzed fey Local RLmptaglukhan 'Federal Ust-O.ul?--. Slanlud Farm-LLL 2-6,c RAR7 2jCrJUN7'i' HKUHU6AL F-UKM UU12U- Page 34 of 238 650 Minority Owned Business Declaration Sea Tech of the Florida Keys Inc, a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise,as defined in Section 288.703,Florida Statutes or X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 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 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 family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification. As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor Sea Tech of the Florida Keys Inc. Sub-Recipient: Monroe County Signature Signature Print Name: Robin Szmansky Printed Name: Title: President Title/OMB Department: Verified via: Irnti;;ti;;lras:��casd.d irmi s.irmi �'ll cou�lida.cco irmi�d li u�ec ti;;rau�li es Address: 131 Palomino Horse Trail DEM Contract: Z0002 City/State/zip Big Pine Key FI. 33043 Date:3-22-23 FEMA Project Number: INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 238 651 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, Sea Tech Inc certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement,the prospective contractor shall attach an explanation to this form. CONTRACTOR: Sea Tech of the Florida Keys Inc. Signature Recipient's Name Robin Szmansky President Name and Title Division Contract Number 131 Palomino Horse Trail Street Address FEMA Project Number Big Pine Key FI. 33043 City, State, Zip Date 3-22-23 End of Section 00130 INSURANCE REQUIREMENTS AND FORMS 00130- Page 46 of 238 652 MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: Big Pine Community Park Flood Panels CHANGE ORDER NO: 01 BOCC APPROVAL DATE: 7/17/24 CONTRACT DATE: 04/19/23 TO CONTRACTOR: SeaTech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key, Florida 33043 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)..................................... $ 122,115.00 Net change by previously authorized Change Orders.................................................... $ 0.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was....... $ 122,115.00 The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order................... $ 34,502.04 The new(Contract Sum)_(Guaranteed Maximum Price) including this Change Order is. $ 156,617.04 The Contract Time will be (increased) (decreased) (unchanged) by........................... 571 days The date of Substantial Completion as of the date of this Change Order is ................. 02/20/2025 Detailed description of change order and justification: During construction it was discovered that the approved flood panels were too heavy to be easily moved and/or installed. Monroe County directed the contractor to submit a different product that was lighter in weight allowing for easier installation during future disaster events. This change order includes the cost to revise the flood panel type and cost to cover the original shop drawings. Additionally, the change order includes a deduction to remove the water repellent from the scope of work as the structure was recently aip nted. The chance in work necessitated an increase of the contract time by 571 days due to revisions in the product and lead time with purchasing the new flood panels. Change order is 28.3% of original contract price. Not valid until sicined by Owner Engineer if applicable), and Contractor ENGINEER: Ass c atesUBC 19 2024 Mar. , Inc. Date Digitally signed by Robin Robin Szmansky Szmansky CONTRACTOR: Date:2024.06.27 N o:4zsz-oano' Sea Tech of the Florida.. Keys, Inc. Date BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK By: By: Mayor/Chairperson As Deputy Clerk MONROE COUNTY AAT'I'ON'Nf+JF'WOFFtCr- APPROVED N ; ')SSISTAW COUNTYATTORNEY 653 Change Order Attachment per Ordinance No. 024-2015 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The original panels approved by Monroe County Staff were deemed too heavy and a safety risk to County Staff that would need to install the panels. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ❑ No If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: • Change Order is correcting an error or omission in the design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: 654 a o o Q o 0 0 0 o a Q o a o 0 o a o o O r r .6,,, N r ti N ' M d' a Vf ¢ Z a cr. z C 4 Q , / u , � LL g o y Q a ,El Z O 4 v m Q O � O Q to Z 1O o cl c a C V LU N r O O O 0 0 0 0 O 0 0 0 0 0 0 W v1 N » 00 0 O O 0 0 »m = O O N i W 0 Q Q m m m N O 0 0 0 O O O O N W u u G u z N d a » O N z z a z W o z N r n o c Z a v U a cr ° cr a # o n E E E 3 N O K h h h c h: ro O O a O 3 3 3 v Y m a E C y � � c v — Q o '. 3 c c s m v u m L a 3 Ea V 4 R E v v a � v R ate+ ❑ `ate E ms— �Y � Z Z c � i Ev v N c v � ra a c� a ❑ '^ �' o w e m m Q 2 0 — a — — zai 3 w 3 � � � ❑ W 2t 0 0 Qa U 1' H � W Z U' m ii v, r r OV Q Z Z m 655 U a ❑ m O u u i el:'QTC,crh 00%.o incip , iS OF THE FLORIDA KEYS DESIGN BUILD CONTRACTORS April 18,2024 Monroe County Project Management Department Office: (305)292-4426 Attn: Matt Howard,Project Manager Re: BPK Park Flood Panels Subject: Change Order#01 —Change Flood panel Suppliers All material is guaranteed to be as specified and the above work to be performed in accordance with the manufacturer's specifications and completed in a substantial workmanlike manner for the sum of: CONTRACTOR EXPENSES/DIRECT COSTS UNIT 5% ITEM DESCRIPTION UOM CITY PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS Sea Tech Delete water repellant coating ea 1 -$5,530.00 -$5,530.00 -$276.50 -$276.50 -$6,083.00 Sea Tech Install SAK Panels hrs 80 $100.00 $8,000.00 $400.00 $400.00 $8,800.00 $0.00 $0.00 Subtotal $2,470.00 $123.50 $123.50 $2,717.00 SUBCONTRACTOR WORK UNIT 5% ITEM DESCRIPTION UOM CITY PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS Big City Venture Cancel Contract LS 1 $61,750.00 -$61,750.00 $3,087.50 -$64,837.50 Big City Venture Cost of shop drawings LS 1 $5,550.00 $5,550.00 $277.50 $5,827.50 Purchase SAK Additional Materials LS 1 $81,292.00 $81,292.00 $4,064.60 $85,356.60 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $30,530.44 $1,254.60 $31,785.04 P/P BOND ITEM DESCRIPTION TOTALS P&P Bond @2.5% Subtotal $0.00 Overhead at 5% $123.50 Profit at 5% $123.50 Management at 5% $1,254.60 Taxes $5,438.44 CHANGE ORDER GRAND TOTAL $34,502.04 Thirty-Four Thousand,Five Hundred Two and 04/100 Dollars............................$34,502.04 Progress Payments in full upon completion. Page 1 of 10 656 Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents,or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workers Compensation and General Liability insurance on above work will be taken out by SEA TECH, INC.—This change will add 14 calendars days to the duration of the project. Note- This proposal maybe withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work specified. Payment will be made as outlined above. Signature Date Page 2 of 10 657 PROPOSAL. C111 114�A A KSAKQ6S11 Enterprises, Inc. Feb 23, 2024 I's A,.il<+=n,fM�arwtl Iala[li i3lv6, !""mile, ld"D�i, I:ir.lrlelwidrrn, FP_ Quoted To: Ship To: Sea Tech Inc i'r SAKI fpF Big Pine Key Community Park ..°;,., 131 Palomino Horse Trail 31009 Atlantis Drive Emma Starn Big Pine Key, FL 33043 Big Pine Key, FL 33043 Project Manager 941-981-3669 Ext. 206 Phone (305)872-0888 Fax (305)872-8898 1i7rrr.ii� �� E) :4m._..._.. 3 24 2024 .__hip Vie Freight See Below � If NOT listed below this proposal does not include Soncling, Permits, Special Liability Insurance Requirements, Special Liability Insurance Waivers &Blankets, Insurance Umbrella's, Insurance Endorsements, Special Automobile Insurance Requirements, Field Testing, Shop Testing, PE Calculations, any Options if listed below, Installation, withholding Income Taxes, Sales Tax if applicable or Administrative/Legal time for Reviewing Contracts, Spare Parts, Extended warranties, or any other special requirements not listed on this Proposal. All SAK Enterprises Proposals are valid for 30 Days and are subject for review thereafter. LEAD TIME: 4 - 6 Weeks for Shop Drawings. Please note that this time frame does not include re-submittal time if re-submittals are required. 15 - 19 Weeks Fabrication - Estimated ship date will be scheduled when final approval shop drawings are received at our office. (Lead Times change Daily) The Lead Times above are estimates only on the current schedule and are not binding. Please call us for a more accurate Lead Time. Please Note: SAK Enterprises is not responsible for delays during the approval process. SAK Enterprises' clock stops while drawings are being approved by others. SAK Enterprises is not responsible for the wrong dimension sizes or if the quoted quantities are incorrect listed on this Proposal. If you find that we quoted an extra opening, missed an opening, we have an opening size wrong, or flood protection height is not correct, please let us know immediately. PAYMENT TERMS: Material: 1511/6 Due with Order 3511/o Due with Shop Drawings 400/o Due at time of Shipment(Before) 100/a or Remainder Balance Due, once Shipped, Net 30 days from date of Delivery, Services: PE Calculations: 100% Due Net 30 Days after Electronic Delivery Freight Charges will be Invoiced after Delivery, Net 30 'drays. If SAK Enterprises has not received any specification at the time of this proposal and at if at any time a specification is made available, and differs from the materials or option(s) quoted, additional cost may apply, Please note the SAK Enterprises Specification wdl be used for the product being quoted, if a Specification is not made available. All of the openings are seating loads unless unseating is noted in the description. Structure Design and ability to withstand loads where barrier system attached to is by others, not SAK Enterprises. The openings have been quoted based on standard anchor edge distances for concrete or filled 8" block, Wall conditions different such as brick or conditions that have layered materials may require a field pull test by others. The field pull test report will need to be given to SAK Enterprises with the results including the anchor edge distance and spacing. This data may have an impact on the frame width and height distance, making the system wider or taller than quoted. PRODUCTS: f�s.3at�vi�i�'1. 1 of 5 658 I ltk OPENING: P1 Elevator Opening 1 72" w x 72" h - Flood Protection Height STE-1.00 Stackable Aluminum Flood Barrier System Standard Mill Finish Positive Pressure Seating Face Mount Jambs Aluminum Spacers Included The STE-100 wall frames and Stackable barriers are made entirely from 6061-T6 Structural Aluminum, INCLUDED: All aluminum jambs and covers, sealants, and standard zinc coated steel hardware necessary for installation. The SAK model STE-100 Stackable Flood Barrier is a light weight economical design that can be integrated to protect openings on new construction projects or simply retrofitted to an existing structure. The STE-100 flexible design allows this system to be deployed in small openings like doorways, wide openings such as large store fronts and parking garage entries. STE-100 was designed to seal to smooth concrete. Optional sills are available on request. Jljilf OPENING: P2 Standard Door Opening 1, P2 Standard Door Opening S, P2 5 Standard Door Opening 6. P2 Standard Door Opening 7, P2 Standard boor Opening 13 40" w x 72" h - Flood Protection Height STE-100 Stackable Aluminum Flood Barrier System Standard Mill Finish Positive Pressure Seating Face Mount Jambs Aluminum Spacers included The STE-100 wall frames and stackable barriers are made entirely from 6061-T6 Structural Aluminum, INCLUDED: All aluminum jambs and covers, sealants, and standard zinc coated steel hardware necessary for installation. The SAK model STE-100 Stackable Flood Barrier is a light weight economical design that can be integrated to protect openings on new construction projects or simply retrofitted to an existing structure. The STE-100 flexible design allows this system to be deployed in small openings like doorways, wide openings such as large store fronts and parking garage entries. STE-100 was designed to seal to smooth concrete. Optional sills are available on request. lei OPENING: P2 Standard Door Opening 9, P2 Standard Door Opening 10 2 40" w x 72" h - Flood Protection Height STE-100 Stackable Aluminum Flood Barrier System Standard Mill Finish Positive Pressure Seating Face Mount Jambs The STE-100 wall frames and stackable barriers are made entirely from 6061-T6 Structural Aluminum. INCLUDED: All aluminum jambs and covers, sealants, and standard zinc coated steel hardware necessary for installation. The SAK model STE-100 Stackable Flood Barrier is a light weight economical design that can be integrated to protect openings on new construction projects or simply retrofitted to an existing structure. The STE-100 flexible design allows this system to be deployed in small openings like doorways, wide openings such as large store fronts and parking garage entries. STE-100 was designed to seal to smooth concrete. Optional sills are available on request. ' a.u�.AAu��wu:y�f. ti��u'mai..�v:.rm S�4FCC ',B.q Uopy!ilghts�)201ta "Vdm Inte)pl-Psc,r, hic Af11,rgIItr{tip ;�,iWrG;a1. 2 of 5 659 s991! OPENING: P3 Garage Door Opening 3, PS 3 Garage Door Opening 4 2 119" w x 72" h - Flood Protection Height STE-100 Stackable Aluminum Flood Barrier System Standard Mill Finish Positive Pressure Seating Face Mount iambs "Each opening comprises of one (1) removable galvanized steel center mullion and two (2) stackable systems." The STE-100 wall frames and stackable barriers are made entirely from 6061-T6 Structural Aluminum, INCLUDED: All aluminum'jambs and covers, sealants, and standard zinc coated steel hardware necessary for installation. The SAK model STE-100 Stackable Flood Barrier is a light weight economical design that can be integrated to protect openings on new construction projects or simply retrofitted to an existing structure. The STE-100 flexible design allows this system to be deployed in small openings like doorways, wide openings such as large store fronts and parking garage entries. STE-100 was designed to seal to smooth concrete. Optional sills are available on request. OPENING: P4 Vent, Opening 2 1 36 " w x 36" h LOLV-400 Aluminum 6061-T6 Lift-Out Flood Barrier The LOLV-400 Lift-Out Flood Barrier can be used on many applications including windows and louver openings. Positive Pressure Seating Water Protective Height: 72" Four-Sided Seal Included We include all steel jambs, sealants, and hardware necessary for installation and deployment of barrier, l OPENING: P5A Concessions 1 118" w x 48" h - Flood Protection Height STE-100 Stackable Aluminum Flood Barrier System Standard Mill Finish Positive Pressure Seating Face Mount Jambs Aluminum Spacers and Aluminum Angled Sill Included The STE-100 wall frames and stackable barriers are made entirely from 6061-T6 Structural Aluminum. INCLUDED: All aluminum jambs and covers, sealants, and standard zinc coated steel hardware necessary for installation. The SAK model STE-100 Stackable Flood Barrier is a light weight economical design that can be integrated to protect openings on new construction projects or simply retrofitted to an existing structure.. The STE-100 flexible design allows this system to be deployed in small openings like doorways, wide openings such as large store fronts and parking garage entries. STE-100 was designed to seal to smooth concrete. OPENING: P5B Concessions Opening 11 1 80" w x 48" h - Flood Protection Height STE-100 Stackable Aluminum Flood Barrier System Standard Mill Finish Positive Pressure Seating Face Mount iambs Aluminum Spacers and Aluminum Angled Sill Included The STE-100 wall frames and stackable barriers are made entirely from 6061-T6 Structural Aluminum. INCLUDED: All aluminum jambs and covers, sealants, and standard zinc coated steel hardware necessary for installation. The SAK model STE-100 Stackable Flood Barrier is a light weight economical design that can be integrated to protect openings on new construction projects or simply retrofitted to an existing structure. The STE-100 flexible design allows this system to be deployed in small openings like doorways, wide openings such as large store fronts and parking garage entries. STE-100 was designed to seal to smooth concrete. FD'y`S G u,lYrub 3 of 5 660 1 i SubTotal $73,192.00 SERVICES: ------------- ***ESTIMATE ONLY: TBD at time of Shipment on the Final Invoice*** $3,600.00 1 $3,600.00 Shipping & Handling -The estimated freight price has been quoted as of the date of this Proposal and is based on shipping all of the above barrier(s) at the same time. Shipping the above barrier(s) in seperate shipments may result in additional freight charges. Price is subject to change. Any changes to Freight price will be adjusted at the time of shipping on the Final Invoice. Shipment from Bradenton, Florida to Big Pine Key, Florida (Via Flatbed Truck). Professional Engineering Calculations for STE-100 and LOLV-400 system only. $4,500.00 1 $4,500,00 The Calculations will be signed and sealed by a Florida Professional Engineer. The Calculations are generated after the shop drawings are approved Calculations are generated off of the most critical opening of a specific barrier design to validate design and performance only. If calculations are required for each individual opening, additional charges will apply. The PE calculation package will be generated with hydrostatic and hydrodynamic loading. Additional special flood loading (impact, wind, wave, and/or seismic, etc.) must be disclosed to the SAK at the time of order entry for the shop drawings package and specified in detail by the engineer of record. The loading will be noted on the first page of shop drawings providing clarity to all approving persons so that the approved returned shop drawings will provide definitive clear direction for the SAK Professional Engineer that will generate the PE Calculation package. The standard PE Calculation package will have a format consisting of: the signature and seal on the first table of contents page only, the project narrative specifying all information relevant to the flood condition (loading types, determining load factors, worst case, etc.), guidelines for determining flood load factors, shop drawings, structural model information of the worst case opening, and a breakdown of material properties and design parameters for the flood barrier system used. Any request to reformat calculations after a final signed and sealed PE calculation package has been generated, will be considered as an additional service and could be met with monetary impact. *** Please Note: PE Calculations lead time is an average of 2-4 weeks. Production Lead Time will not start until PE package is sent to production. Lead Time is an estimate only at this time and is not binding. _. �,�.,....__ .. Subtotal $81,292 00 .,.. ..... _....,.... ,..,...,.. ,, ,,, ,, ,,,,,,, ......._._._......___..._ _ .. ...._.. .._.. ...._,.. T .. p ,{7{7 ax .44 Shipping $0.00 4of5 661 To accept this quotation,sign here and return; Signature: Date: Print Name: TERMS&CONDITIONS ACCEPTANCE: To accept this quotation the Buyer needs to sign on the line above and return a copy to SAK Enterprises, Inc. The quotation will be considered accepted only when the signed copy has been returned and acknowledged by SAK Enterprises, Inc. By signing the quotation,the Buyer acknowledges that he/she has read all the terms and conditions thereof and agrees that this quotation will constitute the contractual agreement between Buyer and Seller. The Buyer further agrees that if any other documentation contains any provision of this quotation,the terms of the quotation govern and the inconsistent terms of any other document are of no force and effect. Modifications, changes,suspensions or cancellations shall not be binding upon SAK Enterprises, Inc,,unless approved by SAK Enterprises, Inc.,upon terms,which will compensate and reimburse SAK Enterprises, Irc.,for all losses. PAYMENT TERMS: Terms subject to establishing credit limits with SAK Enterprises, Inc. For goods sold on account,terms shall be as detailed on proposal"Payment Terms Late Pay charges of 0.05 percent per day(18 percent annual rate)will be assessed and invoiced on balances over stated proposal"Payment Terms". Buyer shall pay all taxes„levies, and duties and assessments of every nature due in connection with Buyer's purchase of product or services,unless itemized in proposal, production,shipment,deliveries,and all services shall at all tunes be subject to the approval of SAK Enterprises'Credit Department. SAK Enterprises reserves the right to require full or partial payment in advance if,in our opinion,the financial condition of the Buyer does not justify shipment on terms of payment specified. Accounts not current with payment terms(shown on proposal)may be placed on hold. Once payment has been received or arrangements have been made, orders will be rescheduled based on the current applicable schedule. DELIVERIES: Delivery schedules quoted are SAK Enterprises, Inc., best estimate,based on condition prevailing at the time of quotation. However, deliveries cannot be guaranteed,since conditions may change due to accidents,fires,floods,regulatory delays,delays of carriers,ability to obtain material and qualified labor,and other reasons beyond the reasonable control of SAK Enterprises, Inc. Projected delivery schedule shown on all proposals are estimated at time of proposal. Actual delivery schedule is not determined or scheduled until receipt of any and all final information required,to include Final Approval Drawings,Credit Approval, Purchase Order Acceptance, Receipt of Scheduled Payments, and any other information deemed necessary by SAK Enterprises, Inc. All Deliveries are FOB Origin. CANCELLATION; In the event of cancellation,the purchaser is obliged to reimburse SAK Enterprises, Inc.,for expenses incurred up until the time of cancellation, including material, labor,overhead, general and administrative expenses. Included in these expenses are all costs related to engineering/design/drafting effort whether"or not any material has been supplied or is in process, Cancellation Fees: 15%of order if job is cancelled prior to submittal drawings being completed. 35%of order if job is cancelled after submittal drawings issued to the customer. 5%of orders if job is cancelled after manufacturing materials have been ordered. 90%of order if job is cancelled after the manufacturing process has started. 100%m of order if job is cancelled after the completion of the product. WARRANTY: Standard Manufacturer's One Year warranty applies. All goods sold by SAK Enterprises are warranted to be free from defects in material and workmanship, under normal use and service,for a period of one year(unless otherwise itemized on proposal)from date of tender of delivery,which warranty is in lieu of and excludes all other warranties,whether expressed or implied by operation of law or otherwise. It is expressly understood that the Buyer waives all claims for damages of any kind other than those specified herein, including but not limited to any claims for incidental or consequential damages,and that the price of the product is based on the foregoing warranty. No claim under this warranty will be recognized unless all defective parts are available for inspection by manufacturer, and or manufacturer authorized representative. QUANTITIES: The quoted prices are based on quantities offered. Since engineering and setup are frequently a significant factor in price,should the quantities be reduced,there may be an increase in price. SUBMITTALS (Approval Drawings): The standard Shop Drawing(s)package(s)will be generated with standard hydrostatic loading. Spec+al flood loading(hydrodynamic,impact,wave,wind,and/or seismic, etc.)must be disclosed to the SAK at the time of order. The SAK Designer assigned to your project will set up a time for a telephone discussion to confirm information that is on the SAK internal Shop Drawing work sheet with a member of your team.Items such as substrate, loads and elevations will be confirmed on this call. Please be sure to provide us with a point of contact for this technical discussion. The shop drawing package(s)will comprise;of the technical drawing of the system on the order. The drawing will detail the system,dimensions,anchors to be used and all the loads will be noted as well.Our intent is to provide shop drawings that provide clarity to all approving persons reviewing the drawings. Even after taking the proactive steps just mentioned,we understand that there could still the chance that the drawings may need to be revised and resubmitted. If after the second resubmission,there is a request for another revise and resubmit, and new or additional comments/request are noted„or reformatting is requested,this is considered additional services and could result in additional charges. The standard'shop drawings on your order will be for the SAK Model on the order and it will have a BOM(Bill of materials). If additional product data is required for line items on BOM,such as, but not limited to,bolts,washers or gaskets,additional administrative charges may apply. DISCLAIMER: Manufacturer's products have a well-deserved reputation for giving long and dependable service,even under sever use. However,because Manufacturer's products are handled,installed and used under varying condition, and maintenance of such products is controlled exclusively by the user, SAK Enterprises, Inc., disclaims all responsibility for damage or injury resulting from misuse of these products, and the purchaser assumes all responsibility for, and agrees to indemnify SAK Enterprises, Inc„from any and all claims arising directly from these products and/or their misuse. SAK Enterprises reserves the right to void this Proposal at any time. SAK Enterprises may make improvements and/or changes in the product(s)or service(s)offered and/or the program(s)described on this Proposal at any time. Product must be shipped out of SAK Enterprises Location within 2 weeks of completion,or storage fee's may apply. A daiiy rate of:$50.00 per day thereafter. If there is price increase in the raw material,that cost escalation will be passed on to the customer as well. THANK YOU FOR YOUR BUSINESS! i Prrµt3ewed t 1=rrirnrr aoeartr'r� rm't fg6ttf t a SA1<QGS I Copyright 2018 SAK Lr1la,�tnFc� , Im- All Flight',Re"scrved- 5 of 5 662 BIG CITY VENTURES, L LC 3660 Interstate Parkway Quality Products By Vertarib and Floodgatepro Riviera Beach,FL 33404 Phone(561) 683-0888 Fax(561) 683-0880 Quote #FG 2023 —M 13 Rev01 May 23, 2023 Sea Tech of the Florida Keys Inc. Ryon LaChapelle ryon seatech.cc (305) 304-8406 Project: Big Pine Key Community Park DESCRIPTION -Aluminum Flood Barriers (All measurements are approximate) Location Quantity Width Height P1- Elevator Opening 1 5' 6' P2-Standard Door 7 314" 6' P3-Garage Door 2 10, 6' P4-Vent 1 2' 3' 135A-Concessions 1 10' 3' P513-Concessions 1 6'6" 3' MATERIALS • Panels aluminum alloy 6061-T6 or 6063-T6 • All bolts and fasteners Type 304 stainless steel • All material will be mill finish — additional options available upon request INSTALLATION and General Contractor's responsibility • No concrete work is included. All concrete smooth and straight to allow flood barriers to achieve a proper seal. • Upon submittal of drawings, Contractor will verify all field measurements as they appear on the submittal drawings. • Field caulking (of permanent components), trim and drilling may be required. PRICING Flood Panels, Frames, Gasket and Hardware Including: • Freight • Installation • Signed & Sealed Shop Drawings from an Engineer registered in Florida • Taxes TOTAL QUOTE: $61,750.00 www.Vertarib.com w ,Flccd ate rc,cc 663 BIG CITY VENTURES, LLC 3660 Interstate Parkway Quality Products By Vertarib and Floodgatepro Riviera Beach,FL 33404 Phone(561) 683-0888 Fax(561) 683-0880 Quote #FG 2023 —M 13 Rev01 TERMS • 20% Submittal • 40% Approved submittal of Signed & Sealed drawings and calculations • 40% Installation WARRANTY Unless specifically indicated in project specifications product warranties for a period of 12 months are provided. DRAWINGS and delivery schedule • Allow 2 weeks for submittal drawings. • Allow 4 weeks for Calculations (upon approval of submittals) • Production will commence within 2 weeks after receipt of drawing approval • Product shipment available within 4 - 6 weeks after the release for production. • As built drawings and Operations Manuals will be supplied Thank you for giving Big City Ventures, LLC the opportunity to participate in solving your flood protection needs. If you have any questions, please contact me at your convenience. Thank you, 7 Mark Loeb Vice President of Sales by Big City Ventures www.Vertarib.com w .Flccd ate rc,cc 664 Invoice No. 2,11 3 BIG CITY VENTURES, LLC 3660 Interstate Park Way Riviera Beach, FL 33404 Invoice Customer Name SeaTech Inc Date: 2/22/2024 Contact Ryon LaChapelle PO#: 23485-BP Email ryonL(@seatech.cc Quote#: Phone 305.304.8406 Project Ref: Big Pine Description Unit Price Total PO# Original Contract $61,750.00 c/o -$61,750.00 Total BCV PO Value $0.00 1 Shop Drawings $5,550.00 $5,550.00 Drafting services provided for a custimized flood barrier system for the Big Pine project Payment Details Sub Total $5,550.00 O N30 Per Contract 49 Upon Receipt TOTAL AMOUNT DUE $5,550.00 O Verbal We accept Visa and MasterCard for a 5%fee Remit To: Big City Ventures, LLC 3660 Interstate Park Way Riviera Beach, FL 33404 665 I Ir)t C l . March 27, 2024 Attn: Matt Howard Monroe County Project Mgmt. 1100 Simonton St Key West, FL 33040 Re: BPCP Flood Panels Subj ect: Time Extension Dear Mr. Howard, Sea Tech is requesting a five hundred seventy-one (571) day no cost time extension to our contract. We have had delays to engineer and procure a new supplier for the hurricane panels. The request for a new supplier came after the completion of another project with the previous supplier. We have made the adjustments and will be substantially complete by February 20, 2025. Sea Tech has every intention of accelerating the work progress to reduce the time indicated on the project schedule. Please advise if you need additional information. I may be reached at (305) 872-0888. Sincerely, 1-?yosv L Ryon LaChapelle Project Manager 666 SEATE-1 np In. PH �►co�ro, CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `'' 02/28/2024 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 endorsements. PRODUCER 305-741-7373 CONTACT Rebecca Horan NAME: Keys Anchor Insurance Agency PHONE 305-741-7373 FAX 844-269-7923 Rebecca Horan (A/C,No,EXt): (A/C,No): 30971 Avenue A Unit C E-MAIL Big Pine Key, FL 33043 ADDRESS: Rebecca Horan INSURERS AFFORDING COVERAGE NAIC# INSURER A:Kinsale Insurance Co 38920 INSURED INSURER B:Continental Casualty Company 20443 SeaTech of the FI Keys Inc 131 Palomino Horse Trail INSURER C 7 Big Pine Key,FL 33043 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. INSR TYPE OF INSURANCE ADDL SUBR INSD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 01000816186 03/01/2024 03/01/2025 DRE I ES(RENTED 100 000 X PREMISES Ea occurrence) $ MED EXP(Anyoneperson) $ eXcl PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- ❑ LOC 2,000,000 JECT --. , PRODUCTS-COMP/OP AGG $ OTHER: )' 4 $ AUTOMOBILE LIABILITY 'I �� *u p "'"`""" COMBINED SINGLE LIMIT �„„,„,_,,, ,,,� Ea accident $ ANY AUTO "'""'"""�"� 7 BODILY INJURY Per person) $ OWNED SCHEDULED 4 30 24 AUTOS ONLY AUTOS DA ,"-- BODILY INJURY Per accident $ HIRED NON-OWNED PRO DAMAGE PER D AUTOS ONLY AUTOS ONLY WAMMC Y W Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 46-885792-01-11 03/01/2024 03/01/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Not subject to cancellation, nonrenewal, material change or reduction in coverage unlessa minimum of thirty(30) days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION MCBCOU1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board Of Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y y ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whithead St AUTHORIZED REPRESENT Key West, FL 33040 Rebecca Horan REPRESENTATIVE. d-w ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 667 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 4/12/2024 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 3152 Northside Drive, Unit201A A/c No Ext: 305-294-1096 A/c,No:305-294-8016 Key West FL 33040 ADDRIESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:L1004601 INSURERA: Travelers Casualty Insurance Company of America 19046 INSURED SEATECH-02 INSURER B: Sea Tech of the FI Keys, Inc. PO Box 420529 INSURERC: Summerland Key FL 33042 INSURER D7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1979254316 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE C PREMISES OCCUR DAMAGETOEaRENTEDo ccurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO- C JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y Y BA81_470574 3/1/2024 3/1/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR j?",q EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ '. - " $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/Ni 4 30 24 _tea, STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE �;p�� - E.L.EACH ACCIDENT $ OFFIC fr'r_ER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) , E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER 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. 500 Whitehead St Key West FL 33040 AUTHORIZED REPRESENTATIVE United States C4'�' // ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 668