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HomeMy WebLinkAboutItem C24 C24 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: C24 2023-4021 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick n/a AGENDA ITEM WORDING: Approval of Change Order#3 to the Agreement with Sea Tech of the Florida Keys, Inc. for the Gato Building Spalling Repairs project in the amount of$148,717.21 for additional spalling repairs on the first floor of the building. This Change Order also extends the substantial completion date by 120 days. This project is funded by the infrastructure sales tax (Fund 304). ITEM BACKGROUND: The Gato Building is a historic building over 100 years old. The building is experiencing spalling issues on both the exterior and interior of the building necessitating repairs. Sea Tech of the Florida Keys is the Contractor performing the spalling repairs and has completed the first floor. Determining the amount of spalling damage is very difficult without first performing demolition of the walls. During construction the Contractor encountered many areas requiring additional spalling repairs. This change order reflects all additional spalling repairs completed on the first floor of the building beyond those identified on the construction drawings. This change order is 18% of the original contract agreement. The Contractor has requested an additional 120 days be added to the contract time for this work and anticipated additional work on the second floor and exterior of the building. PREVIOUS RELEVANT BOCC ACTION: 11/15/22 - BOCC approved a Task Order with Bender&Associates Architects to provide design and engineering services for the Gato Building Spalling Repairs project 7/17/24 - BOCC approved Agreement with Sea Tech of the Florida Keys for the Gato Building Spalling Repairs INSURANCE REQUIRED: Yes 1183 CONTRACT/AGREEMENT CHANGES: Additional spalling repairs on first floor of Gato Building. STAFF RECOMMENDATION: Approval of Change Order#3 DOCUMENTATION: Change Order 03—Gato Spalling_I st Floor Add Spall_signed.pdf Agreement—SeaTech—Gato Spalling_EXEC—7.17.24.pdf Change Order#1 Gato Building Spalling Repairs—EXEC—12.18.24.pdf Change Order#2 Gato Building Spalling Repairs EXEC.pdf COI—SeaTech Auto_exp. 3.1.26.pdf COI—SeaTech exp. 3.1.26.pdf FINANCIAL IMPACT: Original Agreement: $824,715.00 Change Order#1: $20,333.81 (approved by County Admin.) Change Order#2: $43,219.13 (approved by County Admin.) Change Order#3: $148,717.21 New Agreement Total: $1,036,985.15 304-24011 Insurance on file Insurance on file. 1184 MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 03 Gato Building Spalling Repairs BOCC MEETING DATE: 05/21/2025 CONTRACT DATE: 07/17/2024 TO CONTRACTOR: Sea Tech of the Florida Keys, Inc. 131 Palomino Horse Trail Big Pine Key, FL 33043 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$ 824,715.00 Net change by previously authorized Change Orders...................................................$ 63,552.94 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$ 888,267.94 The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order.......$ 148,717.21 The new (Contract Sum) (Guaranteed Maximum Price)including this Change Order is......$1,036,985.15 The Contract Time will be (increased) (decreased) (unchanged) by.................................. 120 days The date of Substantial Completion as of the date of this Change Order is........................ 09/17/2025 Detailed description of change order and justification: The Contractor is performing spallinq repairs of the Gato Building and has completed the first floor. Determining the amount of spallinq is very difficult without performing demolition of the walls. The Contractor encountered many areas requiring additional spallinq repairs. This change order reflects all additional spallinq repairs beyond those identified on the drawings for the first floor of the building. The Contractor has requested an additional 120 days be added to the contract for this additional work and in anticipation of additional future spallinq work. The previous substantial completion date was May 20, 2025. This change Order is 18% of the original contract price. �OF FLO Not valid until signed by Owner Architect if applicable), and Contra P�•.............QUO •ONVID J.SgL4�, David Salay ARCHITECT: C / /Bender&Associat tali Date CONTRACTOR: 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 MONRP'�ClE COUNTS'A4TTORN!E'Y'S OFRCE APPROVED AS TO FORM PH.... A53VT 1 F aT NfT"Y A rrOFINr:y DATE: 5-05-9Ur; 1185 Change Order Attachment per Ordinance No. 005-2023 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: Additional spalling was identified during construction which could not be known until after demolition. This change order includes all additional spalling repairs on the first floor. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $100,000 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: Determining the extent of spalling damage is difficult without performing demolition, therefore change orders are common on spalling repair projects. The Contractor is already onsite working on the spalling repairs, seeking additional bids during construction would not result in any additional savings to the County. • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: 1186 J O ^ O m W ^ o lD J N N iy O oq O W. m 0 Ot N N ellF O ^ ^ O w o m �n �n N ^ ti `� o O N O N m m N N N a F N W N N N ei OO w a 4A F ko D O O m O m C C � N cc N u1 W � N (� cc O O Y c. Z i Q O O o N o O N N Div o o a ^ W N O Ids O O vai v�i W W O a ^ o m m n o n O oq a o a m W. m o W _ o m o w m N m V) = =N m m Q Q w w d co co o 0 N /w o 0 0 0 0 0 0 cc M LL C ^ W ~ 0 J o Z W o o N o m N m I- m lD N m m Z M u ^ o Q • N N O O N N C ^ ^O cc O N. O to V V O U n N 0 —Y G cc co 0 3 3 s � UUU - U - o3'� v Em o Z U O C— 3 RL a C o Q.. �... N o E O U w m U O O O l0 .Q N m a o a �p U > l0 CO Z O to � . N > U 7 v..lo ut O " L � j � N � O N N Q m N O.. a F O lD j a O o . N m O 1 r9p > @i a a (J O a . o u U -o m v �n t N o o in V, v v v Y o in c -o Y E C o a 9- 9 c o Y o C C v w c m° a s ;° m z N o o c oC _ a Z a m O a m m W K O K O v ° O 3 O 3 O W F F o` z o z z a ° 1187 Sao m ° $ 9,CO!"I"C"012 OF THE FLORIDA KEYS DESIGN BUILD CONTRACTORS May 2,2025 Monroe County Public Works Attn: Matthew Howard 1100 Simonton St Key West,FL 33040 Re: Gato Building Subject: RFC 03 —Additional Repair Quantities We hereby propose to furnish equipment, labor and materials to complete additional concrete repairs as follows: 1st Floor Additional Repair Quantities CONTRACTOR EXPENSES/DIRECT COSTS UNIT 5% ITEM DESCRIPTION UOM QTY PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS Sea A-Concrete Wall Spatting- Tech Exterior cf 0.709 $815.00 $577.84 $28.89 $28.89 $635.62 Sea Tech E-Concrete Beam Repair cf 43.911 $815.00 $35,787.47 $1,789.37 $1,789.37 $39,366.21 Sea Tech F-ConcreteColumnRepairs cf 41.6 $815.00 $33,904.00 $1,695.20 $1,695.20 $37,294.40 Sea H-Crack in Concrete Wall Tech Repairs if 0.295 $815.00 $240.43 $12.02 $12.02 $264.47 Sea Tech J-Interior Concrete Wall Spa[[ cf 11.925 $815.00 $9,718.88 $485.94 $485.94 $10,690.76 K-Linear Concrete Cracking Sea around Tech Interior of Window if 5.0937 $815.00 $4,151.37 $207.57 $207.57 $4,566.50 Add labor to install Plastic Sea Containment at 6 workers @ 16 Tech hrs per phase(9 on 1st Floor) hrs 864 $55.00 $47,520.00 $2,376.00 $2,376.00 $52,272.00 $0.00 $0.00 Subtotal $131,899.97 $6,595.00 $6,595.00 $1459089.96 SUBCONTRACTOR WORK UNIT 5% ITEM DESCRIPTION UOM QTY PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS ea 0 $0.00 $0.00 $0.00 $0.00 ITEM DESCRIPTION TOTALS P&P Bond @ 2.5% $3,627.25 Subtotal $3,627.25 Overhead at 5% $6,595.00 Page 1 of 8 1188 Profit at 5% $6,595.00 Management at 5% $0.00 Taxes $0.00 CHANGE ORDER GRAND TOTAL $148,717.21 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: One Hundred,Forty Eight Thousand, Seven Hundred Seventeen.21/100-----Dollars $148,717.21 Payment in full upon completion. Excludes Permit/Engineering Fees. 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. Note-This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the specified work. Payment will be made as outlined above. 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The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The Gato Building is a 2-story historic concrete building. The building is a functional office building open to the public Monday through Friday. The scope of work includes interior and exterior spalling repair of the building including painting of repaired areas. The building must be kept open to employees and the public, and special coordination will be needed with the building tenants for temporary relocation during construction. The Contractor shall review and follow attached Construction Drawings and Specifications provided by Bender and Associates Architects, P.A.which are made a part of this Request for Proposals. The work of this project involves a significant historic site. All work activities must be undertaken with sufficient care to protect this historic resource and must be supervised by personnel who are familiar with the Secretary of Interior's Standards for Rehabilitation. All work must comply with the Secretary of the Interior's Standards for Rehabilitation, as Page 1 of 18 1195 administered by the Florida Department of State, Division of Historic Resources and must be coordinated with the project architect. No historic materials shall be removed from the site without prior approval of architect. 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 One Hundred Eighty (180) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates 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 Page 2 of 18 1196 The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, 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. 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 Eight Hundred Twenty-Four Thousand, Seven Hundred Fifteen and 00/100 Dollars ($824,715.00), 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 4.3 Unit prices, if any, are as follows: 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. Page 3 of 18 1197 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 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 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: Page 4 of 18 1198 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent (150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled claims, including the assessment of liquidated damages; and 5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work (i.e., "punch" list items). 5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 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 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. Page 5 of 18 1199 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 City of Key West 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 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 §200.333, 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 Page 6 of 18 1200 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 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, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 Page 7 of 18 1201 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 court costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had 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. The 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. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Page 8 of 18 1202 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 VII 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 patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. The 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. I) Code of Ethics. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its Page 9 of 18 1203 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. The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. o) Public Records Compliance. The 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 that would be required by the County to perform the service. If the Contractor Page 10 of 18 1204 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, 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 Page 11 of 18 1205 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 relieve, 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 authorize, 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. The Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 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 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) Page 12 of 18 1206 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. 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. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 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 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. 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 Page 13 of 18 1207 County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. bb) 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. cc) 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 the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. dd) 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. ee) 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. 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 Szmanskv, Secretary 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. Page 14 of 18 1208 Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 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 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 Page 15 of 18 1209 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: • Historic Gato Building Spalling Repair Documents provided by Bender and Associates Architects, P.A., dated 10/18/23. Pages A0.0, A1.0, A1.1, A1.2, A2.1, A3.1, A5.1, A8.1, A8.3, A8.5, S0.1, S1.1, S1.2, S2.1, S2.2, S3.1, & S3.2 (17 pages total) • Specifications for the Historic Gato Building Spalling Repair provided by Bender & Associates Architects, P.A., dated October 2023 (32 pages total) 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 6/3/24 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. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 16 of 18 1210 Execution by the Contractor must be by a person with authority to bind the entity: SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS AttEst eYin Madok, Clerk OF:MONROE COUNTY, FLORIDA , tf q , - i ey A BY• De uty Cle Mayor/Chairman GU 4- MariRoecoti»,YArTollniElPsoFr+icE APPROVED^r5 .'p FOFlM (SEAL) �Un 7..02-2024 .. - CONTRACTOR'S Witnesses Attest: CONTRACTOR:SEA TECH OF THE Contractor must provide two witnesses FLORIDA KEYS signatures - Signature Signature: ' '"``� Print Name: Robin Szmansky Print Name: Ile- 4ti2et Title:- Secretary Date: 7/3/2024 Date.- 7/3/2024 and ` X Signature: ►4 r= rri j C— Print Name.- tT1 �5 �t '' ```` Date: 7/3/2024 STATE OF South Carolina COUNTY OF Greenville On this 3rd day of July , 20 24, before me; the undersigned notary public, b means of X physical _._. y presence" or 0 online, personally, appeared Robin SzmanskV (name of affiant) known to me to be the person whose name is subscribed above or who produced f)ria,rp_rc ( ir^ nGE± as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for GATO BUILDING SPALLING REPAIRS for the purposes therein contained. Notary Public Print Name Lhar,Sf�w My commission expires: fib- t 3,A,3 (Beef) ILsyy r + t v Page 17 of 18 y vtJ�J i r i i. list Usk - - 1211 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 18 of 18 1212 GATO BUILDING SPALLING REPAIRS SECTION 00120 NON-COLLUSION AFFIDAVIT 1 Robin Szmansky of the city Big Pine Key according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Secretary 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: Gato Building Spalling Repairs 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 kn I dge of said project. (Signature of Proposer) (Date) STATE OF: South Carolina COUNTY OF: Greenville Subscribed and sworn to (or affirmed) before me, by means of T physical presence or ❑ online notarization, on ( ��� � (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has prodwrgq,* valid drivers license (type of identification) as identification. E.`P1 RESS a NOTARY PUBLIC w fl F C 2-q L2u2� (SEAL) `:� ; �,s ;," My commission expires: 0 N'i®�.,;9 00120- Page 29 of 218 PROPOSAL FOR 1213 GATO BUILDING SPALLING REPAIRS 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. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: i .. STATE OF: South Carolina COUNTY OF: Greenville Subscribed and sworn to (or affirmed) before me, by means of U physical presence or ❑ online notarization, on r (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced valid drivers license (type of identification) as ;.uu,aativeeahsaadaa identification. H 1FA r M EXPIRES _ NO ARY PUBLIC i '9/202 a t, Z "o C 5 (SEAL) . Q �` My commission expires: l .�tTA, 4 PROPOSAL FORM b�4''' 00120- Page 30 of 218 1214 GATO BUILDING SPALLING REPAIRS 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 contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 1 Proposer's Signature Date STATE OF: South Carolina COUNTY OF: Greenville r Subscribed and sworn to (or affirmed) before me, by means of 4i,pkysical presence or Elonline _ notarization, onl' G by Robin Szmansky (name of affiant). He/She is personally knew *,rV* ,has produced valid drivers license (type of identification) as identification. NOTARY PUBLIC :c (SEAL) My commission expires: Ca 2_1 Z 2,o Z..5- PROPOSAL FOR 'Iif W 00120- Page 31 of 218 1215 GATO BUILDING SPALLING REPAIRS LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Sea Tech of the Florida Keys Inc. Date: 6/11/2024 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1)year prior to the notice of request for bids or proposals? Yes (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County? Yes (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 131 Palomino Horse Trail, Big Pine Key Florida 33043 Telephone Number: 305-872-0888 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? no If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) Tel.Number Addr s Secretary Print Name: Robin Szmansky Signature and Title of Authorized Signatory for Bidder/Responder STATE OF: South Carolina COUNTY OF: Greenville Subscribed and sworn to (or affirmed), �"rm�e(d) before me, by means of C�Shysical presence or❑ online notarization, on to �/0 / (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced valid drivers,Jicensa. (type of identification) as identification. n " FAA NO ARY PUBLIC Y }ry., b M (SEAL) a My commission expires: N r * PROPOSAL FORM wF a $ .. 00120- Page 32 of 218 r <� ga`'Adlle dj d!}qd hfi$Y.9 1216 GATO BUILDING SPALLING REPAIRS 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." I have read the above and state that neither Sea Tech of the Florida Keys Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. X4 (Signature) Date: . STATE OF: South Carolina COUNTY OF: Greenville Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced valid drivers license (type of identification) as identification. ge , ke4.rr,o eas{r NOTARY PUBLIC (SEAL) su°'0y My commission expires: t d` € , wro rc, r a P+ �Og&®J 01 pi fie,Nei& PROPOSAL FORM 00120- Page 33 of 218 1217 GATO BUILDING SPALLING REPAIRS VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Gato Building Spalling Repairs Respondent Vendor Name: Sea Tech of the Florida Keys Inc. Vendor FEIN: 65-0126213 Vendor's Authorized Representative Name and Title: Robin Szmansky, Secretary Address: 131 Palomino Horse Trail City: Big Pine Key State: Florida Zip: 33043 Phone Number 305-872-0888 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 Terrorism Sectors 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 Terrorism Sectors 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 Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: Robin Szmansky who is authorized to sign on behalf of the above referenced company. Authorized Signature: tol Print Name: Robin Szmansky Title: Secretary Note: The List are available at the following Department of Management Services Site: n!l a:��www.dirm�s.irm� flloiriida.coum��li musiiir�ess o aeira�lioins/state amuir;ll�asliir� /veindoir iiinfoiru�m�a�iioin/coinVicled sinus a I.............................................................................................y...............................................................................................................................................1.................................................................................................1.........................................................g........................................................................................................................................................................................................................1I..... Ir1 d e d........d ii..s c.irii lr.nii.1l t o lr.`........ li, t 11 ii lrl t: ........�r lrl d o..i.r.......11 ii. :t: . PROPOSAL FORM 00120- Page 34 of 218 1218 SEATE-1 np in. PH ACORO CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �►� 04/04/2024 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 E T(EaoccRENTED 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 JECT PRO- El ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITYI,q, k, EOa aocidn eS tINGLE LIMIT $ ANY AUTO ,I BODILY INJURY Per person) $ OWNED SCHEDULED ��� AUTOS ONLY AUTOS By— »„���" BODILY INJURY Per accident $ VV PROPERTY DAMAGE AUTOS ONLY AUUTOS ONLY I.. ' 4 1 1.24 -,--"""'^' Per accident $ Will $ UMBRELLA LAB OCCUR -� EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X 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 EMPLOYEE $ 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 unless a 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 REPRESENTATIVE KeyWest, FL 33040 Rebecca Horan ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1219 DATE(MM/DD/YYYY) A�" 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 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:L100460 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 MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ 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 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION j? 4 4 PER O STATUTE ERH AND EMPLOYERS'LIABILITY Y/N „q OF EXCLUDED? N/A """ E.L.EACH ACCIDENT $ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ I (Mandatory in NH) -"- ";;',�' E.L.DISEASE-EA EMPLOYEE $ If es,describe under DESCRIPTION OF OPERATIONS below 4 12 24 ;gym, E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County BOCC, its employees and officials,are listed as additional insured in regard to Auto policy 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 C� // ' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1220 MONROE COUNTYANGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 01 Gato Building Spalling Repairs INITIATION DATE: 12/13/2024 CONTRACT DATE: 07/17/2024 TO CONTRACTOR: Sea Tech of the Florida Keys 131 Palomino Horse Trail Big Pine Key, FL 33043 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$824,715.00 Net change by previously authorized Change Orders...................................................$ 0.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$824,715.00 The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order.......$ 20,333.81 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is.......$845,048.81 The Contract Time will be (increased) (decreased) (unchanged) by.................................. 65 days The date of Substantial Completion as of the date of this Change Order is........................ 05/06/2025 Detailed description of change order and justification: After the discovery of lead during construction the County hired a company to perform testin. and provide a report detailing groper protective procedures and safety measures for the continued work. The County required the Contractor to adhere to lead containment protocols that were more stringent than the original contract. This Change Order includes the additional costs for upgraded fans, upgraded HEPA vacuums and filters, duct work, disposable suits, disinfecting wipes, and other miscellaneous items and personal protective equipment(PPE) materials. This Change Order includes an additional 65-day time extension resulting from the 5-week work stoppage and the additional time required to execute all new safety measures. The original substantial completion date was March 2, 2025. This change Order is 2.5% of the original contract price. "Ir Not valid until signed by Owner Architect if applicable), and Contrac :wu III : AR 4 °�� , 1 /1 / . ARCHITECT: . •, Bender&Associat s, P.A. Date Digitally signed by Robin Robin Szmansky Szmansky CONTRACTOR: Date:2024.12.13 1 S:S6:S2-05'00' Sea Tech of the Florida Keys, Inc. Date Digitally signed by Cary Vick Cary Vick Date:2024.12.13 16:04:37 12/13/24 DIRECTOR PROJECT MANAGEMENT -05'00' Cary Vick Date Digitally signed by Christine Christine Hurley Hurley COUNTY ADMINISTRATOR: Date:2024.12.1 s 14:54:00-0e'00' Christine Hurley Date 1221 Change Order Attachment per Ordinance No. 005-2023 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: Additional costs for lead containment safety procedures, materials, and equipment not required under original contract. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $100,000 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 design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: 1222 01Fea, Tech OF THE FLORIDA KEYS DESIGN BUILD CONTRACTORS December 12, 2024 Monroe County Public Works Attn: Matthew Howard 'Sabs IIL..ax (A' 7 5)`X'X�11 ii-eirroved ::irorri dHI rriat&14 IIterris whein I 100 Simonton St Key West, FL 33040 cakAd at li ng 5'Xii aind 5'Xii See attached Spireadsheet sh(wing coii-ii-ected cakAdatk)in aind updated Re: Gato Building hainge Subject: RFC 01 -Additional Safety Equipment We hereby propose to furnish safety equipment to meet the new dust containment requirements as follows: CONTRACTOR EXPENSES/DIRECT COSTS UNIT 5% ITEM DESCRIPTION UOM CITY PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS Sea Tech 10"Portable Blower Fan ea 1 $147.25 $147.25 $7.36 $7.36 $161.98 Sea Tech Flexible Duct ea 4 $96.75 $387.00 $19.35 $19.35 $425.70 Sea Tech Hepa Filter Air Scrubber ea 1 $1,612.49 $1,612.49 $80.62 $80.62 $1,773.74 Sea Tech 24x24 Air Scrubber Filters ea 16 $7.74 $123.84 $6.19 $6.19 $136.22 Sea Tech Disposable HAZMAT Suits ea 225 $7.74 $1,741.50 $87.08 $87.08 $1,915.65 Sea Tech Flexible Duct Stands ea 7 $90.00 $630.00 $31.50 $31.50 $693.00 Sea Tech P100 Respirators ea 16 $21.40 $342.40 $17.12 $17.12 $376.64 Sea Tech P100 Respirators Filters ea 200 $1.95 $390.00 $19.50 $19.50 $429.00 Sea Tech MERV 11 Air Filters ea 60 $5.72 $343.20 $17.16 $17.16 $377.52 Sea Tech Dust Zipper ea 60 $5.11 $306.60 $15.33 $15.33 $337.26 Sea Tech Disinfecting wipes W/bucket ea 2 $42.68 $85.36 $4.27 $4.27 $93.90 Sea Tech Disinfecting wipes Refill ea 16 $28.19 $451.04 $22.55 $22.55 $496.14 Sea Tech Dustless HEPA Vacuum ea 2 $300.99 $601.98 $30.10 $30.10 $662.18 Sea Tech HEPA Vacuum Filter Bags ea 30 $15.50 $465.00 $23.25 $23.25 $511.50 Sea Tech Safety Equipment Cart ea 1 $96.70 $96.70 $4.84 $4.84 $106.37 Sea Tech Safety Eqt Individual Storage ea 8 $10.73 $85.84 $4.29 $4.29 $94.42 Sea Tech Trash Bags 6 mil ea 120 $2.48 $297.60 $14.88 $14.88 $327.36 Sea Tech Duct Tape ea 60 $5.27 $316.20 $15.81 $15.81 $347.82 Page 1 of 2 1223 Sea Tech 3 inch Painters Tape ea 60 $4.93 $295.80 $14.79 $14.79 $325.38 Sea Tech 6 mil Plastic Sheeting 20'x100' ea 16 $136.53 $2,184.48 $109.22 $109.22 $2,402.93 Sea Tech PM Purchase,Receive,Deliver hrs 8 $75.00 $600.00 $30.00 $30.00 $660.00 Sea Add labor at 5 workers @ Tech 15 min per day hrs 120 $55.00 $6,600.00 $330.00 $330.00 $7,260.00 $0.00 $0.00 Subtotal $18,104.28 $905.21 $905.21 $19,914.71 SUBCONTRACTOR WORK UNIT 5% ITEM DESCRIPTION UOM CITY PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS ea 0 $0.00 $0.00 $0.00 $0.00 ITEM DESCRIPTION TOTALS P&P Bond @ 2.5% $497.87 Subtotal $497.87 Overhead at 5% 867,14 �901R''21"` Profit at 5% 867,14 405:^°m,, Management at 5% $0.00 Taxes $0.00 CHANGE ORDER GRAND TOTAL 8 All material is guaranteed to be as specified and the above work to be performed in accordance with the RPR(W1 D manufacturer's specifications and completed in a substantial workmanlike manner for the sum of: AMOUNT ............. Twenty Thousand,Four Hundred Twelve. 58/100----------------------------Dollars $20.412...58 0,333w8:1. Payment in full upon completion. Excludes Permit/Engineering Fees. 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. Note-This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the specified work. Payment will be made as outlined above. THIS WORK WILL ADD 65 CALENDAR DAYS TO THE DURATION OF THE PROJECT Signature Date Page 2 of 2 1224 O O O o O O O O O a-I a .� o m o o ao m `' o O O o 0 m op O N N ry n ry m m m o o .m m O- 0 o v'm O a m vCli N o H ^ n o m .n * O m w * m m N K l7 K Q v Z v o x V h * * 00 J O O Q z z v v N o 0 o r�' o yr rtn +n o x x o O O u o 0 0 0 o m w m o m �o 0 o m .� m v o v n n o �. a n n o ry w N ' vi o N o ry o' I N v ry m v m w y'•� m o m o o v �o o o o o N m o �n v o 0 o o o m o o o o o o W •� O m o 0 �n o o a �n m o. o 0 o o m o O o o o 0 //�� tD O m vl o W N o N o O o o o o w N vwl m N m h m .ai tOD tOD Vl O = M V N h h h h h-h h h h N O N N O n w� �11 o 0 m m cn N m o m o o Nn m wN "n voi vNry m+an vm,mi +Nn�o+m oo�N w o0n o o i i 1 m ry mo mm n1 n1 mw a�+n n1 mmrvarvlw m LJ n 0�n V +n+n V +n+n ¢ ¢ O z z W n io o o o N �o N o .� w o o o �o o o �n N o io ,� m �o .� o 0 n0 w o z o a Q 0 Cd v N a a 0 U rh a o Cf C _ do M W R O m > > c a N o Vv v r o ¢ ^.o.. � r r Om -v9 -v9 v �Qoe 0vvvvvvvvvvvvvvvvvvvv 3lolo o m - J V . m � `v o - 0 T v v' Im `m ¢ T� p ? v > O O c C O O W E Y V 9 w _ v y x N � v c � `v a o v E LL a E -o - w `v o u 0 3 via w v v m ;: ,. m 1O o O . p ¢'i� a 0 O O w ¢ ¢ > c a m a N v a N E.. `m - �' 2 't 3 3 a E m �^ z v V a V i w ¢ o s v h o o p w f0 ,. o ,� on x m w w �- m � ° m`v ¢.Y.a V V o o � w � N v � � '" > m9L ¢ o o `° vQ o ° °�' w F ¢ a ^' n o o N c c N ¢¢ ,. N G 2 ¢ f0 ¢ O w ,• v F O �n ?': 2 V O w N v� v o o v, v, w m dJ S ` O z 3 0 z LL x o w ¢ a o 0 0 o x m n o m x a ¢ O> 2 mam - z - - o N o 0 o o Q N a F a a K Z C7 a z O w ¢ x c m u z z z N O O O p O E w v O Z Z Z Z 0 0 a 1225 u a o m O V MONROE COUNTYANGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 02 Gato Building Spalling Repairs INITIATION DATE: 12/13/2024 CONTRACT DATE: 07/17/2024 TO CONTRACTOR: Sea Tech of the Florida Keys 131 Palomino Horse Trail Big Pine Key, FL 33043 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)............................................$824,715.00 Net change by previously authorized Change Orders...................................................$ 20,333.81 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$845,048.81 The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order.......$ 43,219.13 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is........$ 888,267.94 The Contract Time will be (increased) (decreased) (unchanged) by.................................. 14 days The date of Substantial Completion as of the date of this Change Order is........................ 05/20/2025 Detailed description of change order and justification: After the discovery of lead during construction the County desires to have the Contractor perform additional deep cleaning services that were not required as part of the original contract. This change order includes the cleaning of all horizontal surfaces above 6'8". The Contractor has requested an additional 14 days be added to the contract to perform this additional work The previous substantial completion date was May 6, 2025. This change Order is 5.2% of the original contract price. Not valid until signed by Owner,Architect(if applicable), and Contractor " ARCHITECT: Bender&Associates Architects, P.A. Date Digitally signed by Robin Robin Szmansky SZmansky CONTRACTOR: Date:2024.12.23 15:06:08-osoo Sea Tech of the Florida Keys, Inc. Date Digitally signed by Cary Vick Cary Vick Date:2024.12.23 15:27:03 DEPARTMENT DIRECTOR -05'00' Cary Vick Date Project Management Di,itTina B o a n Datea1ly 2024.12 27 1 01 11 Bgan COUNTY ADMINISTRATOR: -05'00' Christine Hurley Date 1226 Change Order Attachment per Ordinance No. 005-2023 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: Additional costs for post construction cleaning not required under original contract. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $100,000 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 design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: 1227 o o o o 0 `' .m. cn N Oa o h h o Q O a '".m. O o a; n N N +n Vaf N (Y) q O' Q p o O q bq ti m N Z �L w K < K Q Y z Z f j CC R _ ° V o o o U O 4J � V o o lo 11 e� o auo a � I Igo W H Z o o o o c LU oo0oc w = J ti a w N a N Z o o W � z m 0 = z W m o z O o a a v � a v o o, do x � � o o v c yk Nu o E � Nip. in G h 20 E u p N O v,v c c uo v c E v ° Q v z ou - �_ s o 5 0_ 0 oo `v 4 m m vt w' o ae r `m'v oa V 2 O f0 V oo W 1 G o o W E L y m o? Z U Z m N C N u VV t f a m N c O W N:�0 0 m Eo J ° ` 0 N p�j W m y O O Q a a K O V. Z K H fL w k 2 V C 0' C O o E w z C7 0 m z N g 1228 01Fea, Tech OF THE FLORIDA KEYS DESIGN BUILD CONTRACTORS December 10, 2024 Monroe County Public Works Attn: Matthew Howard 1100 Simonton St Key West, FL 33040 Re: Gato Building Subject: RFC 02- Clean Horizontal Surfaces We hereby propose to furnish materials, labor and equipment to clean all horizontal surfaces after the completion of each construction phases as follows: CONTRACTOR EXPENSES/DIRECT COSTS 5% ITEM DESCRIPTION UOM CITY UNIT PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS Sea Tech hrs $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 SUBCONTRACTOR WORK 5% ITEM DESCRIPTION UOM CITY UNIT PRICE SUBTOTAL(S) 5%O/H 5%P MGMT TOTALS KC Phase I-Deep Cleaning Post Cleaning Construction ea 1 10266 $10,266.00 $513.30 $10,779.30 KC Phase 11-Deep Cleaning Post Cleaning Construction ea 1 613 $613.00 $30.65 $643.65 KC Phase III-Deep Cleaning Post Cleaning Construction ea 1 1838 $1,838.00 $91.90 $1,929.90 KC Phase IV-Deep Cleaning Post Cleaning Construction ea 1 6536 $6,536.00 $326.80 $6,862.80 KC Phase V-Deep Cleaning Post Cleaning Construction ea 1 2860 $2,860.00 $143.00 $3,003.00 KC Phase VI-Deep Cleaning Post Cleaning Construction ea 1 2451 $2,451.00 $122.55 $2,573.55 KC Phase VII-Deep Cleaning Post Cleaning Construction ea 1 1021 $1,021.00 $51.05 $1,072.05 KC Phase Vill-Deep Cleaning Post Cleaning Construction ea 1 409 $409.00 $20.45 $429.45 KC Phase IX-Deep Cleaning Post Cleaning Construction ea 1 817 $817.00 $40.85 $857.85 KC Phase X-Deep Cleaning Post Cleaning Construction ea 1 2043 $2,043.00 $102.15 $2,145.15 KC Phase XI-Deep Cleaning Post Cleaning Construction ea 1 3472 $3,472.00 $173.60 $3,645.60 KC Phase XII-Deep Cleaning Post Cleaning Construction ea 1 1634 $1,634.00 $81.70 $1,715.70 KC Phase XIII-Deep Cleaning Post Cleaning Construction ea 1 4289 $4,289.00 $214.45 $4,503.45 KC Phase XIV-Deep Cleaning Post Cleaning Construction ea 1 2043 $2,043.00 $102.15 $2,145.15 Subtotal $40,292.00 $0.00 $0.00 $2,014.60 $42,306.60 ITEM DESCRIPTION TOTALS Page 1 of 18 1229 P&P Bond @ 2.5% $1,057.67 Subtotal $1,057.67 Overhead at 5% $0.00 Profit at 5% $0.00 Management at 5% $1,874,00$21„034160'' Taxes $0.00 CHANGE ORDER GRAND TOTAL $43,219,13 $„dg &4—zr 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 PPR(WED „°° Forty-Three Thousand, Three Hundred Sixty-Four. 77/100-----------------------Dollars $43 364.:7°7C O UNT, 4 , 1. .1. Payment in full upon completion. Excludes Permit/Engineering Fees. 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. Note-This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the specified work. Payment will be made as outlined above. Signature Date III: lm6IIL,l(. III m(. iin c IIIC LflIbiiiin : flI m�. 5% III iii�m : �. iii ���. iii�m� .N.,�. . ttadII m�. (. III' iir III..i� � .t sIII ioWingiiriir ca II C Lfl a Iibiin Page 2 of 18 1230 K Christopher Clean LLC 3029 North Roosevelt Boulevard 1 48 1 Key West, Florida 33040 305 230 7385 1 info@kcclean-cares.com I www.kcclean-cares.com C'claw RECIPIENT: Sea Tech of the Florida Keys W Y IIIIIIIII�III IIIIIIIIIIIII IIIIIIIII��(IIIII IIIIIII IIII�IIII�II�IIII IIIIIII IIIII 131 Palomino Horse Trl Sent on Dec 08, 2024 � � Ulllllul�l IIII,����IIIIII U�IIIII @V�II@ Big Pine Key,FL 33043 IIIIIIIIIIIIIII�IIIIIIIIIIIII�IIIIIIIIIII Illlmlllllllllllllllll�ll�ii�lllllllllllllllllllll III IIIII(III SERVICE ADDRESS: Florida Department of Heath in Monroe County(Gato building) 1100 Simonton Street Key West, Florida 33040 (IIIIIIIIIII �@V�1, �I IIIIIIIIIIIII III III „ uu � ulllll��l�l�llll uulllll�ul1llllu10IIIIIIIIIII lul�lunuul�IIIIIII luuul�Illllu�lilll�l�lllllll III III �� uuuuu lluuulluuuul uuu�Ill�llll�ni��llll a uuu�ul lu �� �IIIBIPillll III �illlillllillll III�IIIIIIIIIIIII Il ull �� it u�llll�llll�llli�llll Post Construction Cleaning To include: -Cleaning of 50 rooms of similar sizes. -1 x large lobby area. -Corridors The surface area is based on specific areas marked on the floor plans given at the time of viewing. Client notified of potential lead particles found in the building. KC Clean will take all care and attention to use the relevant PPE, cleaning products, and water to effectively remove any surface particles. Client recomendation:Air filtration to remove any airborne particles. Areas of attention: -Walls -Blinds -Windows (Both sides of all internal windows, as well as the interior of all outer/perimeter windows) -High ducting, AC, and pipe work All high cleaning will involve using ladders and extension poles. Additional general cleaning of floors and surfaces will be completed. 1 of 2 pag, 1231 K Christopher Clean LLC 3029 North Roosevelt Boulevard 1 48 1 Key West, Florida 33040 305 230 7385 info@kcclean-cares.com I www.kcclean-cares.com C'claw @I IIIIIIIIIIIII III � III IIII I IIII IIII II III IIII IIII IIp(III II III IIII II IIII(IIII III II Il ii II I III I II I IIIIIIII uuII�� ������IIIIIIII�� IIIIIIIII�III�IIIIII�IIIIIII Il�lnlll�IIII IIII III��IIIIIII I IIIIIIII�� � IIIIIIIII�IIII�IIIIIIII�1�111�111�II1 IIII IIII �� ����I 1 I U ����������������������������������������������� UUUUUUUIUUU�UU�UUUUUUUUUUUI Charges The rate includes all materials, products and labor. The cost is based on 8 a.m.to 4:30 p.m.Any overrunning of this time will be covered by KC Clean, guaranteeing that no additional labor fees will be added to this cost.Any unforeseen or hidden obstacles, other than those disclosed and observed at the time of the viewing, may result in extra fees.This will be discussed with the client at the time found. Phase1 1 9.1550 Phase 11 1 570 Phase 111 1 1.,710 Phase IV 1 6.,666 Phase V 1 2.,660 Phase VI 1 2,280 Phase V II 1 956 Phase VIII 1 360 Phase IX 1 760 Phase X 1 1.1900 Phase XI 1 3.,236 Phase XII 1 1.,520 Phase XIII 1 3.,996 Phase XIV 1 1.,900 Subtotal $37,480.00 This quote is valid for 30 days, after which vallues may be subject to Sales Tax 7.5%, $2,811.00 change. Total $40„291.00 2 of 2 pag' 1232 U) o E a� N Q � x Z - C: w +� p o U c� a '+� O i U) � o. co U co Q � o N Z3 i a- U U 0 � O U, E ° 0 o Cal L a c� 0 Z Q Q 'p l u� A / ' i w m r } -x 14 w • w lilx . .I II� ca 1�I III II I' I II I 1, �„ ��r�� 1233 U) o E a� C: D Q � ° x Z - C: w +� ° o U c� a '+� ° i U) a)o. CIOU CIOQ � ° N Z3 i O0 C: �, E ° ° o Cal w 0 Z Q Q ca r• I / 1 f I w II � w rrll� � � y� .a 1234 U) o E a� N Q � x Z - C: w +� p o U c� a '+� O i U) � o. co U co Q � o N Z3 i a- U U O0 � � �, E ° 0 w oca Cal L a Cl) 0 Z Q Q ca r• �. Mill I w w II , w , � G i ,� I��. III, 'I II II, --�`� I� III, � WEN,Val i. „+ III/oi/ , � . 1235 U) o E a� N Q � x Z — C: w +� p U 'o O c� U U) Ua)co co � iQ -Z3 a O ca C: C:OO a� Uoo cu E Uw Cm) I— C7 L a (n 0 Zca Q Q u 7 W ....... IBM /l y � i w w µ ' ry � h w M Aµ //h M w � „Gi III , i 1236 v E ca 01, 1237 11 E E 8cu _ ca 1238 - i Li i I it r� - ii U) o E a� N Q � x Z - C: w +� p o U c� Q '+� o i U) a)o. co U co Q � o N Z3 � a- U U a� O oca o o °- > o H E U U w Cm) � 0 L a Cl) 0 Z Q Q ca / i II iFOP t FAR 1239 U) o E a� N Q � x Z - C: w +� p o U c� Q '+� o i U) a)o. co U co Q � o N Z3 � a- U U a� O oca o o °- > o H E U U w p � 0 L a Cl) 0 Zca Q Q IIIIIIIIIIIIIIIIIII all A : 7`1 d A. i n t ,I I� I u, r I 4 x�wy. Its , y ` � � �;� � III �. �•'�� L. n; 67 AA. � J II 11 ICI I „ f y , III J!; L. I I r ,, IIII � IIII L � II :A �A y' I � uuum luau 'i wr I r IJ , r \ = \ r i / l / , l ' d \ � � ' ` 1240 U) +� U �, C6 o E a� N Q � x Z - C: w +� p o U c� a- o. CIOU CIOQ � o N Z3 � a� O oco o o °- > o H E U U bA Cm) � 0 L a (n 0 Z Q Q IIIIIIIIIIIIIIIIIII I ca r �t tie / I \iu UV v k 177 w�9I f All .......... 4 d 7 rA. � II 11 ICI I e, f y r III Ic L. I I r ,, IIII III I .......................... :A �A � uuum luau �'i wr I .......................... �J, ............ r IJ r I1 \ sv = \ r i / l / , l ' d \ � � ' ` 1241 U) +� U �, C6 o E a� C: D Q � ° x Z — C: w +� p o U co o. CIOU CIOQ � ° N Z3 i 0 co C: C: O �, E ° o o Q U U U U p x C7 L a 0 ZFIR Q Q ca A ' �II 4., y ; r' •� � u�� � �� III� � �, w� n mr � II v III Ic „ �a ,.A �.... y ..................... i r `�•"� ��� .���� i � *t of ' i l ' d \ � � ' 1242 U) o E a� C: D Q � x Z - C: w +� p o U c� a '+� O i U) � o. co U co Q � o N Z3 i a- U U O0 � � �, E ° 0 ocu Cal L a c� 0 Z Q L.. d m, a c� 4 ' 1 ,r , ,a A, �A ca 112, "HI IS III ✓-� a m..... ,.: F II. ,y J.. I n VA\ ,r uuum mums .'i W.i I r 11 ire I1 1243 U) o E a� N Q � x Z — C: w +� p o U c� Q '+� o i U) a)o. co U co Q � o N Z3 � a- U U a� O oca o o °- > o ca Qcna) a) a) U ml 0 L a 0 Z Q Q ca ull IIIIIIIIIII M 9/ o t i W t I , r I 1 fI ........ � � II II . . i e m h ` II::: i ^i.......a ,y. ....... .�r � .. � .".. i" IIII ¢ .IIII I., a. tAa I � a J" I d r r .IIII 1244 U) +� U �, C6 o E a� C: D Q � x Z - C: w +� p o U c� Q '+� o i U) a)o. CIOU CIOQ U) o N Z3 � o o °- > o RIIIIIIIIIIIIIIIIIIII H E U U bA Cm) a) IIIIIIIIIIIIIIIIIIIIIIIIII Q •E U U U U p 0 U a 0 Z Q Q ca II �IIIIIIIII wZ W f " j I I ei .... IIII ,,e �I II" .; III, .......................... �J �f 05 ............ . .................. IIII e' �" Iw I1 I, J t A 0 4 1245 r U) o E a� N Q � x Z — C: w +� p o U c� Q '+� O i U) a)o. co U co Q � o N Z3 i a- U U Qcna) a) a) U p x ol L a cn 0 Z Q Q ca W ,-r �J11; INS 1 f f i f i a ........... II �� w M.! r 1246 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 4/17/2025 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 ADDRESS: 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:1547916960 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 MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAM AGETORENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y BA81_470574 3/1/2025 3/1/2026 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 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION jlPER 4 STATUTE OERH AND EMPLOYERS'LIABILITY Y/N ry„ ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ * "'"`""" E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A N,k (Mandatory in NH) ""' E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E' — .. mow, - ^" E.L.DISEASE-POLICY LIMIT $ If es,describe under 5526 WAMM ? _ w, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re: Project:24509—Gato Building Spalling Repair. Monroe County BOCC is afforded additional insured status as per the embedded coverages found in the coverage forms when required by written contract, agreement or permit but only as respects to the liability of the insured, pursuant to the terms,conditions, limitations and exclusions of the listed policies. Notice of Cancellation will be issued to the First Named Insured only as per the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 500 Whitehead St AUTHORIZED REPRESENTATIVE Key West FL 33040 -- /' ( ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1247 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS— J. PERSONAL PROPERTY INCREASED LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED 2. The following replaces Paragraph b. in B.S., The following is added to Paragraph A.1., Who Is Other Insurance, of SECTION IV — BUSINESS AUTO CONDITIONS: An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: b. For Hired Auto Physical Damage Coverage, the following are deemed to Any person or organization who is required under be covered "autos"you own: a written contract or agreement between you and that person or organization, that is signed and (1) Any covered "auto" you lease, hire, executed by you before the "bodily injury" or rent or borrow; and "property damage" occurs and that is in effect (2) Any covered "auto" hired or rented by during the policy period, to be named as an your "employee under a contract in additional "insured" is an insured for Covered an "employee's" name, with your Autos Liability Coverage, but only for damages to permission, while performing duties which this insurance applies and only to the related to the conduct of your extent that person or organization qualifies as an business. "insured" under the Who Is An Insured provision contained in Section II. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a B. EMPLOYEE HIRED AUTO covered "auto". 1. The following is added to Paragraph A.1., C. EMPLOYEES AS INSURED Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: The following is added to Paragraph A.1., Who Is An "employee" of yours is an "insured" while An Insured, of SECTION II — COVERED AUTOS operating a covered "auto" hired or rented LIABILITY COVERAGE: under a contract or agreement in that Any "employee" of yours is an "insured" while "employee's" name, with your permission, using a covered "auto" you don't own, hire or while performing duties related to the conduct borrow in your business or your personal of your business. affairs. CA FO 79 03 21 ©2021The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission 1248 COMMERCIAL AUTO D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for 1. The following replaces Paragraph A.2.a.(2) of the amount of betterment. SECTION II — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds covered "auto". (including bonds for related traffic law (5) This Coverage Extension does not apply to: violations) required because of an (a) Any "auto" that is hired, rented or "accident" we cover. We do not have to borrowed with a driver; or furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or SECTION II — COVERED AUTOS LIABILITY borrowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in loss of earnings up to $500 a day Paragraph A.4.a., Transportation Expenses, of because of time off from work. SECTION III — PHYSICAL DAMAGE E. TRAILERS- INCREASED LOAD CAPACITY COVERAGE: The following replaces Paragraph C.1., of We will pay up to $50 per day to a maximum of SECTION I —COVERED AUTOS: $1,500 for temporary transportation expense incurred by you because of the total theft of a 1. "Trailers" with a load capacity of 3,000 covered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A. 4., Coverage Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: I. WAIVER OF DEDUCTIBLE—GLASS Hired Auto Physical Damage Coverage The following is added to Paragraph D. If hired "autos" are covered "autos" for Covered Deductible, of SECTION III — PHYSCIAL Autos Liability Coverage but are not covered DAMAGE COVERAGE: "auto" for Physical Damage Coverage, and this No deductible applies under Specified Causes of policy also provides Physical Damage Coverage Loss or Comprehensive coverage for "loss" to for an owned "auto", then the Physical Damage glass used in the windshield. Coverage is extended to "autos" that you hire, rent or borrow subject to the following: J. PERSONAL PROPERTY (1) The most we will pay for "loss" to any one The following is added to Paragraph A.4. "auto" that you hire, rent or borrow is the Coverage Extensions, of SECTION III — lesser of: PHYSCIAL DAMAGE COVERAGE: (a) $50,000; Personal Property Coverage (b) The actual cash value of the damaged or We will pay up to $400 for "loss" to wearing stolen property as of the time of the apparel and other personal property which is: "loss"; or (1) Owned by an "insured"; and (c) The cost of repairing or replacing the (2) In or on your covered "auto". damaged or stolen property with other property of like kind and quality. This coverage only applies in the event of a total (2) An adjustment for depreciation and physical theft of your covered "auto". condition will be made in determining actual No deductibles apply to Personal Property cash value in the event of a total "loss". coverage. Page 2 of 3 ©2021The Travelers Indemnity Company.All rights reserved. CA FO 79 03 21 Includes copyrighted material of Insurance Services Office,Inc.with its permission 1249 COMMERCIAL AUTO K. AIRBAGS (1) The amount paid under the Physical The following is added to Paragraph B.3., Damage Coverage Section of the policy Exclusions, of SECTION III — PHYSICAL for that"auto"; and DAMAGE COVERAGE: (2) Any: Exclusion 3.a. does not apply to "loss" to one or (a) Overdue lease or loan payments at pp y the time of the "loss"; more airbags in a covered "auto" you own that (b) Financial penalties imposed under a inflate due to a cause other than a cause of "loss" lease for excessive use, abnormal set forth in Paragraphs A.1.b. and A.1.c., but wear and tear or high mileage; only: (c) Security deposits not returned by the a. If that "auto" is a covered "auto" for lessor; Comprehensive Coverage under this policy; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or b. The airbags are not covered under any Disability Insurance purchased with warranty; and the loan or lease; and c. The airbags were not intentionally (e) Carry-over balances from previous inflated. loans or leases. M. BLANKET WAIVER OF SUBROGATION We will pay up to a maximum of $1,000 for any one "loss". The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, L. AUTO LOAN LEASE GAP of SECTION IV — BUSINESS AUTO The following is added to Paragraph A. 4. CONDITIONS: Coverage Extensions, of SECTION III — S. Transfer Of Rights Of Recovery Against PHYSICAL DAMAGE COVERAGE: Others To Us Auto Loan Lease Gap Coverage for Private We waive any right of recovery we may have Passenger Type Vehicles against any person or organization to the extent required of you by a written contract In the event of a total "loss" to a covered "auto" of executed prior to any "accident" or "loss", the private passenger type shown in the Schedule provided that the "accident" or "loss" arises or Declarations for which Physical Damage out of the operations contemplated by such Coverage is provided, we will pay any unpaid contract. The waiver applies only to the amount due on the lease or loan for such covered person or organization designated in such "auto" less the following: contract. CA FO 79 03 21 ©2021The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission 1250 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Paragraph A.2.b. of the Common Policy C. The following is added to Paragraph A. of the Conditions, Cancellation, is replaced by the Common Policy Conditions, Cancellation: following: 7. If this Policy provides Personal Injury b. 45 days before the effective date of Protection, Property Damage Liability cancellation if we cancel for any other Coverage or both and: reason. a. It is a new or renewal policy, it may not be cancelled by the first Named Insured B. Paragraphs A.4. and A.S. of the Common Policy during the first 60 days immediately Conditions, Cancellation, are replaced by the following the effective date of the Policy following: or renewal, except for one of the following reasons: 4. Notice of cancellation will state the effective date of, and reason(s) for, the cancellation. (1) The covered "auto" is completely The policy period will end on that date. destroyed such that it is no longer operable; S. If this Policy is cancelled, we will send the first Named Insured any premium refund due. (2) Ownership of the covered "auto" is If we cancel, the refund will be pro rata. If the transferred; or first Named Insured cancels, the refund may (3) The Named Insured has purchased be less than pro rata. If the return premium is another policy covering the motor not refunded with the notice of cancellation or vehicle insured under this Policy. when this Policy is returned to us, we will mail b. It is a new policy, we may not cancel it the refund within 15 working days after the during the first 30 days immediately date cancellation takes effect, unless this is following the effective date of the Policy an audit policy. for nonpayment of premium unless a If this is an audit policy, then, subject to your check used to pay us is dishonored for full cooperation with us or our agent in any reason or any other type of premium securing the necessary data for audit, we will payment is subsequently determined to return any premium refund due within 90 be rejected or invalid. days of the date cancellation takes effect. If D. The following condition is added: our audit is not completed within this time limitation, then we shall accept your own Nonrenewal audit, and any premium refund due shall be 1. If we decide not to renew or continue this mailed within 10 working days of receipt of Policy, we will mail you notice at least 45 your audit. days before the end of the policy period. If we offer to renew or continue and you do not The cancellation will be effective even if we accept, this Policy will terminate at the end of have not made or offered a refund. CA 02 67 01 21 © Insurance Services Office, Inc., 2020 Page 1 of 2 1251 COMMERCIAL AUTO the current policy period. Failure to pay the will end on the effective date of that required renewal or continuation premium insurance. when due shall mean that you have not 3. Notice of nonrenewal will state the reason(s) accepted our offer. for the nonrenewal and the effective date of 2. If we fail to mail proper notice of nonrenewal nonrenewal. The policy period will end on that and you obtain other insurance, this Policy date. Page 2 of 2 © Insurance Services Office, Inc., 2020 CA 02 67 01 21 1252 SEATE-1 AC©RO"' CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �- 03/03/2025 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 03/01/2025 03/01/2026 DAMAGE TO 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 JECT PRO- El ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ ANY AUTO APPRE0 ISh¢. T BODILY INJURY Perperson) $ OWNED SCHEDULED ") - AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED OA ,,,,,,„__- PROPER TYDAMAGE AUTOS ONLY AUTOS ONLY Pe accident $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION ;77-PER OTH- AND EMPLOYERS'LIABILITY „ STATUTE ER YIN 46-885792-01-12 03/01/2025 03/01/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 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) State License #CBC-1259331 Project 24509-Gato Bldg Spalling Repairs Not subject to cancellation, nonrenewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the Insurer 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 REPRESENTATIVE Key West, FL 33040 Rebecca Horan ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1253