Miscellaneous
Sent:
To:
Cc:
S_u/)ject:
Thursday, February 26, 2004 2:23 PM
coffer -s tepha nie@monroecounty-fl,gov
MilesAnderson@dca.state.fl,us
(Jato ~uildi~g_ ______
Krejci@dcastate,fl.usJ
Stephanie, Attached is the concurrence from FEMA. Thanks,
Ka re n
----- Forwarded by Karen Krejci/DCA/FLEOC on 02/26/2004 02: 15 PM _____
"Frank, Lawrence"
<Lawrence,Frank@d To: "Miles Anderson (E-mail)"
hs,gov> <Miles,Anderson@dca,state.fl.us>, "Karen Krejci (E-mail)"
< Karen, Kreici@dca,state,fl,us>
02/26/2004 01 :53 cc:
PM Subject: Gato building
Miles and Karen,
We have received the Gato Building Windtech design specifications and the SHPO approval and
we concur with both, Please inform the County to being installation immediately,
Lawrence
Lawrence Frank
FEMA Region IV
Department of Homeland Security
(770) 220-5438
"Make no small plans; they have no magic to stir men's souls," --Daniel
Burnham
Please note: Florida has a very broad public records law, Most written communications to or
from state officials regarding state business are public records available to the public and media
upon request. Your e-mail communications may be subject to public disclosure,
,
M8R-16-2004 14:17
RECOVERY & MITIG8TION
850 413 9857 P.01/05
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MONROE COUNTY
CONsmucnON MANAGEMENT
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. Department of Community Affairs 1lSEMD/ll!_ .
2555 Shumard Oak Blvd. Tallahassee, F132399-2100
--- - -- --- --.- --------..-------.-.-- -----------------
FAX COVER SHEET
DATE: March 16,2004
PAGE 1 OF 5
TO: Monroe County
ATTENTION: Stephanie Coffer
SUBJECT: Gato Building
FAX NUMBER: 305/295-4321
FROM: Miles Anderson. Planning Mana2er
Bureau of Recovery & Mitigation- Unmet Needs
PHONE NUMBER (aW-922-4442
FAX NUMBER (~-413-9857
COMMENTS: For your files and information.
r
MRR-16-2004 14:17
RECOVERY g, M IT I GRTI ON
850 413 9857 P.02/05
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
COLEEN CASTILLE
Secretary
B BUSH
Governor
MEMORANDUM
MONROE COUN1Y
CONSlftUCTION MANAGEMENT
TO:
Brett Bowen, FEMA
Environmental Specialist
THRU:
..
IBElV!D 1M
Miles Anderson
Planning M er
FROM:
DATE:
March 16, 2004
RE:
HMGP 1259-019 DR FL ST. MONROE COUNTY, FLORIDA
HAZARD MITIGATION GRANT PROGRAM
Record of Environmental Review
Project No: 1359-019
SubgraDtee: Monroe County
Project Title: Gato BuDding Wind Retrofit Project
Environmental evaluations by state staff have been completed for the modification to the
referenced Hazard Mitigation Project. Review by the State Clearinghouse was not needed
because the project was declared exempt from further review by the Governor's Environmental
Office. Federal agency coordination is not needed for the project. The structure in this project
exceeds 50 years in age, therefore attached is a letter from the State Historical Preservation
Office concurring that no historic properties will be adversely effected by this undertaking.
Based on previous detenninations by FEMA, it is anticipated the modification will qualify as a
NEP A Categorical Exclusion under 44 C.F.R.
2S55 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488.8466/5uncom 2 78-8466 ~AX= (850) 92 1-0781/5 u ncom 291-0781
Inlernet addre5~: nttp:/lwww.state.fl.us/comaff/
FLOIUD4 KEYS
Atea of Ctl"121 5'31e Concetn Flelcl Olfice
2796 Owneas HIBhwav. Sulh! J'2
Maralhon, FlOOda 33050.2227
CUEN SWAMP
....... of Crillcal Slare COtIceffl Field Oll1co
205 Easl Maln Slte"', StAh" 10<1
Banow. Florida 3383G-4641
MAR-16-2004 14:18
RECOVERY & MITIGATION
850 413 9857 P.03/05
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fIIISlftUCTlON MAN,AGEMOO
_ MAR 1(; l~
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FLORIDA DEPARTMENT OF STATE
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Glenda E. Hood
Secretary of State
DIVISION OF HISTORICAL RESOURCES
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Mr. Phil W. Worley
Emergency Management
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahasseet Florida 32399-2100
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RE: DHR Project No.: 2004-1935/ Date Received by DHR: March 5, 2004
Hazard Mitigation Grant Program 1259-019, Gato Building Wind Retrofit Project,
Monroe County, Florida
Dear Mr. Worley:
Thank you for your March 4,2004 letter which includes your agency's fmding of affect for
replacement windows proposed for the Gato Building in Key West. The replacement window
proposed by Wind-Tech Products, Inc., has been reviewed in accordance with Section 106 of the
National Historic Preservation Act of 1966, as amended and 36 CFR Part 800: Protection of
Historic Properties. Pursuant to Section 106, the State Historic Preservation Officer is to advise
Federal agencies'as they identitY historic properties (listed or eligible for listing in the'National
RelZister of Historic Places), assess effects upon them, and consi~er alternatives to avoid or
minimize adverse effects. OUf review comments are based on the recommended approaches to
rehabilitation set forth in The Secretary of the lnterior's Standards for Rehabilitation and
Guidelines for Rehabilitation Historic Buildings (Standards and Guidelines).
The Gato Building is a structure that contributes to the significance of the Key West Historic
District, which was listed in the National Register of Historic Places on March 11, 1971 and
expanded on February 24, 1983.
Because windows are generally important character-defining features ofa historic building, the
Standards and Guidelines encourage retention of historic windows and, when the historic
windows have been lost or are beyond repair, replacement with units that match the appearance
of the original windows as closely as possible.
Upon initial submission of the replacement window proposed by Wind-Tech, we identified
certain disparities between the proposed replacement unit and the existing windows. These
500 S. Bronaugh Street . Tallahassee, FL 32399-0250 . http://www.f1her1tage.com
r1 Dirl!dor's OfEi~l! Cl Archaeological Research riistoric Preservation a Historical Museums
(SSO) 245-6300 . FAX: 245-6435 (850) 245-6444. FAX: 245-6436 (850) 245-6333. FAX: 245-6437 (850) 245-6400. FAX: 245-6433
L2 Palm Beach RegIonal Office CI St. Augustinl! Reglonill Offi~e C Tounpa Regionill Office
1961 \ 279.1475 . FAX: 279.1476 (9041825-5045. FAX: 825-5044 (813l272.3843. FAX: 272-2340
MAR-16-2004 14:18
RECOUERY & MITIGATION
850 413 9857 P.04/05
Mr. Phil W. WorIc;y .
March 1 I, 2004'
Page Two
disparities \\,~r~ d~tailegjn~urD~c~rnbec3 0" 2D03Jettel"-tO-Assistant- Gounty-AttomeyR-obert-
8chilITnger (copy enclosed). As a result of these disparities, it was and remains OUf opinion that
the proposed replacement window units are not consistent with The Secretary of the Intenor's
Standards for Rehabilitation and Guidelines for RehabilitatinlZ Historic Buildings (Standards and
Guidelines), However, as part of OUf initial review, we suggested modifications that would
reduce the visual impact of the substantially heavier frame ofthe proposed replacement unir.
These modifications were offered for consideration in the event that existing windows could not
be rendered code-compliant and a more appropriate replacement window could not be found.
During a February 19, 2004 on-site inspection of a mock-up of the replacement window
proposed by Wind-Tech, I noted that the recommended modifications had been camed out and
that they significantly reduced the visual disparity between the existing and proposed
replacement windows,
While the modified replacement window does not conform strictly to the "recommended"
treatments set forth in the Standards and Guidelines, it is 'our opinion ~at the most significant
disparities identified in our initial review have been satisfactorily minimized by the referenced
modifications.
In light of the foregoing and the National Park Service dictate that the Standards and Guidelines
are to be applied to specific rehabilitation projects in a reasonable manner, taking into
consideration economic and technical feasibility. We concur with your finding that the modified
replacement window proposed by Wind-Tech will have no adverse effect on the characteristics
which make the Gato Building eligible for listing in the National Register ofHistonc Places.
Should you have any questions regarding this determination, please contact me at
(850) 245-6333.
Da . Ferro, R.A.
Deputy State Historic PreseJVation Officer
fur Architectural Preservation Services
M8R-16-2004 14:18
RECOUERY & MITIG8TION
.
850 413 9857 P.05/05
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
UDedicated to making Florida 8 better place to call home"
Jee BUSH
Governor
HEIDI HUGHES
Inlerim Secretary
n-Marcb-4,2604
u ~~~ffUNTY
ANAGEMOO
_ MAR 16(p))
IBEIV!b ~
Ms. Laura Kammerer, Historic Preservation Supervisor
Division of Historical Resources
R.A. Gray Building
500 S. Bronough street
Tallahassee, Florida 32399.0250
Re: Hazard Mitigation Grant Program 1259-019 Gato Building Wind Retrofit Project
Monroe County, Florida
Dear Ms. Kammerer:
, .
As per the information our office has received and consultation with Dave Ferrer of your
office concerning the referenced project, the Florida Department of Community Affairs (DCA) and the
Federal Emergency Management Agency (FEMA) bave determined that the proposed window
, replacements should Dot have any adverse effect on the characteristics which make the Gato Building
eligible for listing in the NationalRegistrv of Historic Places. These findingS are based upon the
modifications to the original windows that were submitted by Wind-Tech Products, Inc. The new
proposed window repla~ement has met code compli~ce and wind load testing which was certified by
the National Certified Testing Laboratories. .
DCA and FEMA request your concurrence with our proposed finding of "no historic
properties affected.'" Our office appreciates your continued support and expeditious review.
We look forward to receiving a determination as to project effects or comments, at your
earliest convenience. If you should need additional info1TI1ation regarding these projects, please
contact me at (850) 922-5914. Thank you for your assistance.
. ..
IPWW
.
255& SHUMARD OAK BOULEVARD .TALLAHASSEE, FLORIDA 32399.2100
Phone: (850) 48B-8466/Suncom 278-8466 FAX: (850) 921-07811Suncom 291-0781
Internet address: htlp:llwww.dca.stale.fl.us' .
CRmCAL STATE CQNceRN FlELD OFFICIO COMMUNITY PLANNING EMERGENCY WlNAGEMeNT ttOUS1ND 6 ~MMIINfTY DEVliiLOPM!HT
27811 0vlIrHu H~)'. SIll,. 212 2565 SIIwnBnI o.tl.~ 215M SI'IUInIId o.lC kUevaRl 2$5S ShurnanI 0... 8<luIewnI
MlnltlOll. FL :s305O-22Z1 T...'-. FL 32352100 TlttIiIhaIoe. FL ~OO T~ A. 32'3&21CIJ
MI\~' "__!l~ (8!0)48a-2358 (SSG) .1::J-f1llSSl (lISOJ ...11l511
TOTAL P. 05
Monday, March 15, 20045;08 PM
Wind Tech Products Inc. 706-658-2532
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d - 'flech /PrOdUct. ~
Ar.(l ,It 'I ~~
~ 100 B. Castle View Dr. - Braselton, Ga. 30517 .
Phone: 706.658.2529 - FW=2532
....tml1MNf
MAR \~?f4 I
L8I~
Ms. Stephanie Coffer
Director of Construction & Planning
Monroe County Florida
11 00 Simonton St.
Key West, FL 33040
RE:
OATO PURHCASE ORDER
Dear Stephanie:
I am in agreement with the contract documents with the following exceptions. These
exceptions can be noted as an Addendum to Contract Agreement dated, 11-19-03 or as a
Change Order which ever you prefer.
A)
There will be an increase in material cost of S. 75% 118 negotiated, in the material
amowrt ofS662,079.00 which is 538,069.00 plus adr:iing labor ofS190.100.00 for
installation. (This installation number includes oriainal installation. plus an
additional 590,100.00.) There is also and add for insurance as noted in Item "E"
of $10,000.00 bringins total con'lDwt lUl10unt to S'OO~48.00.
Monroe County obligation to pay under this contract is contingent upon an annual
appropriation by Board of County Commissioners, Wind-Tech Products, Inc.
must be paid 90% ofmaIerlal stored within thirty days of delivery.
Test inspections must be taken out, we have already presented and proven product
meets all Dade County and the Florida Buildin2 Code. Any additional testing to
be ordered will be paid for by Monroe County.
Wind-Tech Products, Inc. will be substantially complete with our installation the
week of May 25, 2004 providing weather permitting for installation daily. This
schedule can be met if Wind-Tech Products, Inc. receives approved shop
drawings by March 17,2004.
Wind-Tech Products, Inc. will provide an insurance policy against materials,
theft, windstorm, builders risk, etc., etc., as per 00400 which will cost Monroe
County 510,000.00.
We understand all pemritting fees will be waived.
B)
C)
Sincerely,
'K ~ tJJ' p7 A/ ~<<A
Ken W. cam~!:t
Wind- Tech Products, Inc.
Monday, March 15, 200412;30 PM
Wind Tech Products Inc. 706-858-2532
p.03
Arch Aluminum Ii QIau Co.,lne.
Mart~ 01 Albv,N ~tua I'hJcU:t.r
10t00 N.yt671h 1InIete1tlma,qc. R ~l.lGD-awJ3I . Fax ft4.7Zl-P2P3
.February J, 2004
To Our Valued Customer.
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Due rg tho cominued ~aJation COI1. of &JuminlUJ! billet and or.bcr "'1atcd produclsjo\'a'
the pasl year, we foe! it ~cessuy to mcrcue our pricas approximately 5%-7CUr ~
Aroh /AmMJif.e AIumiJ1um pmduas effective Pelwary 23. 2004. :
This increate wiU be handled ill tho fOI'lI'l or. lDultiplier "c. You Vfill be recatm, I
new multipUer sheet in I couple ofweeb refJeatiDg thes. ebqps. :
.
· O.rders recci~ After Pcbrull'Y 23. 2004 wUl be subject to the prlDe iaCl'~.
· Al1ll8W quolations requiring shipment after .February 23.2004 will reBeot:the
price .increase.
· Outitanding quotado1lS will be .hoDQ~ mr the period 18 .tatcd in th. tDllDt oftM
quotation.
· Prieo protection it a\fl.iJablc 011 prioe book quote.ll1d project work providi)Ja we
receive I formal letter of intent listing the project no liter than Pebrury 2q. 2004,
Thank. you tbr your 'Wl<lenW1dinS and oontwucd suppon.
It you have any questions. p1eaae oontact your local branch or ~.
'I
.
~
Director of AJuminwn Opc.ratiollS
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Sarasora. Pl · Orl<Wldo, Fl · Ff.MV8rs. FL · Bridgeport. NJ · \III1a Arca, SA . rndJona~ IN . IConiC>> ~ I(S . N_, GrA . YotM\gavIUe. NC
Jc:Jcbon. Ms . W~ \NI · CUyohogO Falls. OH . Portfond, OR .. Dab, 'DC . flho.~~
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Monday, March 15, 2004 5:08 PM
Wind Tech Products Inc, 706-658-2532 MONROECOUNlY
atNSIIUCIION MANAGEMEN1'
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Solid Structural Design, !ne
Tel:( 305) 46~1357 c..L(.,~)
Fax:( 305) S12-8073
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Date: Margb 11, 2004
c,.~ Wind- Tech Products
Address: 100 E. Castleview' Dr.
City: B.-elton St: Oa. Zip: 30517
Phone: 706-658-2529 Pax: 229-559-4337
Cell: 229-SS9-S746rJ06-6SW32
Job Name: Oato. Buildin&
Address; Key West
COIIt8d: Stephanie Coffer
Phone: 305-292-4468 J
Mon"day, March 15,200412:30 F"M
Wind Tech Products Inc. 706-658-2532
p.04
Labor Description: RemoviDg Steel Windows and In.taJJiDg larp missile impact fixed ItDMfioDt
unita and doon.
We exclude as follow:
-Ranovine any cqui)Bllent out ofworkina area
..Stucco repair on mcterior and iDterior drywall
-Paintinl wall. IIld ftftal cJeanUlg of\\indows and doors.
. The reatal of dumpsters
Note: Solid StruC1ur8l Deaisn will wmply with estimtrted time of completion. Nevmtheletl
estimated time of oompletion "auld be aft'ected tbr the following reuons:
-The people responsible fur JI10ving the equipment and fiunitun out oftbc working area C8Jl Dot do
it OIl ~me.
..The materials an: not delivery on time.
. The the ~~ doc& DOt QXJpeI'IItes.
Note: Materai1s must be on site by DO more than April 22. &timat.ed time of completion of
installation of all of the units wiIl be done by May 28,2004.NeverthelelS thi. compJedon will omy
COUld: for the units iDltalled without the decorative mountinp on the &lau. 'I'bis fJI'lX*IUN wiD take
. list IS to 20 wodciDg days to complete.
In older to start this job is neceaauy severalllrfllDFlDCDlS awl rentals of equipmea.tI must be in
order. So a deposit of 15% is requimI to start.- S 28,515.00
-II wiD be an invoice submitted every 2 weeks and payment must be paid to Solid Structural Design
2 weeks after invoice was subznitted.
Customer ~ ---;;t//-
Solid S-..J Deaip:~ ~
~~- #'1;1)5'7 - c.J.\Iit '-A CIJe.+o
1HB TOTAL PRICE nus ESTIMATE: 5190.100.00
Monday;. March 15.1. 200412:30 PM
. HhR-lc-20u4(FRI) 14: ~1
Wind Tech Products Inc. 706-658-2532
(lark fnsuron,e Slfulces [HC (FRX)BSO 638 1997
p,02
P..OOI/OOI
~T.T"I!1N CLARK
OLARE INSURANOE SERVIOES INO
P.O. BOX 587
CHIPLEY FL. SS498
(860) 888-1987
(850) 688.1997 FAX
TO: ~en Campbell, Wina-Tech 'rcQucts Inc
nmc: ALLEN CLARK, ere
~: March 12, 2004
KZ: Insuranee tor Property in storage
Ken:
The first qaote r was aDle to obt.in to cover property in s~orage
Is $2.50 per hundred making insurance for $500,000 a $10,000
premium.
t
OKl!v~E~TY ~o~~~E
(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
MAYOR Murray E, Nelson, District 5
Mayor Pro Tern, David p, Rice, District 4
Dixie M, Spehar, District 1
George Neugent, District 2
Charles 'Sonny. McCoy, District 3
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
.
MEMORANDUM
FROM:
Jackie Clynes
Finance
Suzanne A. Hutton ~
Assistant County Attorney
TO:
DATE:
November 41 2004
SUBJECT:
Gato Window Replacement
Payment to Keys Carpet
You and Mr. Kolhage have inquired as to the permissibility of making payment
directly to Keys Carpet for $1/868.00 and deleting that amount from the payment
due to Wind-Tech Productsl Inc. Please be advised that I have carefully read
through the construction contract with Wind-Techl as well as the materials sent to
you by Mr. Rikard. It is my opinion that unless and until either a change order or a
written amendment to the contract provides for payment to be made directly to a
subcontractorl the progress payments must be made to Wind-Tech.
First, Section 5.1 of the Agreement dated November 19, 2003 provides for progress
payments to be made to the contractor. All other paragraphs referring to payment
also specifYI "to the contractor." Under the General Conditions, Section 3.4.1,
there is a provision that, "unless otherwise provided in the Contract Documents, the
Contractor shall provide and pay for laborl materialsl .., and services necessary,.,"
Also under the General Conditions, Section 9.1 provides for payment to the
contractor. Section 9.3 requires the subcontractor to "seek payment from the
Contractor..." Section 9.6.2 says that the contractor must pay each subcontractor.
Section 9.6.4 specifies that "neither the Owner, Construction Manager nor An;:hitect
shall have an obligation to payor see to the payment of money to a Subcontractor
except as may otherwise be required by law." It is not entirely applicable as there
is a prohibition against land and county property. The purpose of the retainage in
the contract provides for the County to be assured that the contractor is in fact
Jackie Clynes
November 4, 2004
Keys Carpet Payment
Page 2
making payment to the subcontractors before the retained 10% is paid over.
Additionally, Section 9.11.1 of the contract with Wind-Tech states that the
subcontractors can only look to the contractor and to the construction bond for
payment. In fact, 99.11.1 requires the contractor to insert in all of its contracts
with subcontractors and material men the provision that they may look only to the
contractor and the contractor's public construction bond for payment.
Further, going back to Section 3.4.1 under the General Conditions stating that
payment is to be made to the contractor except as otherwise provided in the
contract documents, the definition of contract documents does not include an
assignment of a portion of the payment. Accordingly, the letter from Wind-Tech
stating that Key Carpet & Furniture should be paid directly does not comply with
our construction contract requirements.
Finally, if one were to strictly adhere to the statutory provisions, they have to
adhere to all of them including the requirement that the lienors receiving money
execute partial releases to the extent that the payment received. However, the
inapplicability of liens to local government moots the issue of Ch. 713, F.S.
["Owner" in S. 713.01(22) does not include a political subdivision.]
Accordingly, it is my advice that should payment be made directly to Keys Carpet, a
change order or a written amendment to the contract is necessary.
Please call if you have any questions.
cc: Berry Ri ka rd