04/22/1992 Agreement
1!lannp I. }&olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
M E M 0 RAN DUM
To:
Peter Horton,
Division Director/Community Services
From:
Rosalie L. Connolly, Deputy Clerk
Date:
July 1, 1992
As you are aware, on April 22, 1992, the Board of County
Commissioners approved and authorized execution of an
Agreement with D. L. Porter Construction, Inc. for the Key
West Branch Library Addition.
Please be advised that all documents have just been fina-
lized and approved by the County Attorney's office.
Accordingly, attached hereto for your handling is the
contractor's duplicate original of the subject Agreement
with all doumentation, now properly executed and sealed by
all parties, and also an extra copy of same.
~
Attachments
cc: County Attorney
County Administrator w/o document
Finance Director
File
THE
AMERICAN
INSTITUTE
o F
ARC HIT E C T S
F~LE[) ;: rw i=,'!:-copr,
.92 JUN 22 A 9 : 1 0
[)f\~ (~E
CLK._.q" L.; !.
~taNRO! UJUN 1 y, r LA
AlA Document AIOJ
Standard Form of Agreement Between
Owner and Contractor
where the basis 0/ payment is a
STIPULATED SUM
1987 EDITION
TI-J/S DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTA TlON \filTH
AN A 7TORNEY IS ENCOURAGED \filTH RESPECT TO 11~) COMPLETION OR MODIFICA nON.
The Ir)R7 F.dition of AlA [)oclimellt A20l, General Conditions of the Contract for Cril/struction, is adopted
ill this doclilllellt !JV reference. Do not lise ll'itb other p,enera[ conditions unless this docliment is modified.
This document has heen approved and endorsed hy The Associated General Contractors of America.
AGREEMENT
made as of the
Nineteen Hundred and
JJtIt~
Ninety-two
day of
Aft-i/
in the year of
BETWEEN the Owner: Board of County Commissioners, Monroe County, FL
(A'allle {lIId address}
and the Contractor:
D.L. Porter Construction, Inc.
1100 Gillespie Ave.
Sarasota, FL 34236
(,\'(/11I1' and address)
The Project is:
(Nallle llllei local/rill)
Monroe County Library Addition, Key West Branch
700 Fleming Street
Key West, FL 33040
The Architect is:
Thomas E. Pope
610 White St.
Key West, FL 33040
(Xl/llle (/lId address)
The Owner and Contractor agree as set forth below.
'-
Copyright 1')I'i. 191H, 192'i. 19~7, 19'i], 19'iH, 19(,1, 19(,~, 19()7, 1974, 1977, @19R7 by The American Institute or Archi-
tects, 1 7~'i New York A venue, N. W., Washington, D.C. 2000(,. Reproduction of the material herein or subs(;lntial quotation'~
of its provisions without written permission "fthe AlA ,'i"lates the copyright laws of the llnited States and will be subject to
legal prosecution.
AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWEI.FTII EDITION. AlA'" . @19R7
THE AMERICAN INSTITI ITE OF ARC! lITECTS, 17Vi NEW YORK AVENI 'E. NW.. WASHINGTON, D.C. 2()()()()
A101-1987 1
ARTICLE 1
THE CONTRACT DOCUMENTS
The Crmtr;1c! DOCUl11cnts consist of this Agrecment, Conditions of the Contr;1ct ((;en('l;11, Supplement;1ry ;1nd other Conditions),
Dr;1wings. SpecifiC;1tions. Addell(b issued prior to execution of this Agreement, other documents listed in this Agreement and
~lodific:uions is';unl ;1ftn execution of this Agreement; these form the Contract, ;1nd ;1re ;1S fully ;1 p;1rt of the Contr;1ct ;1s if attKhed
to this Agreel11ent or repelted herein. The Conlr:1C1 represents the entire ;1nd integr;1ted ;1greel11ent hetween the p;1rties hereto ;1nd
supersedes prior negoli:1tions, represent;uions or ;1greelllents. either written or or;11. An enul11er:U)on of the ContrKt Documents,
other th;1n ~lodific;1tions, ;1pfW;1rs in Atlide 9.
ARTICLE 2
~_._--
THE WORK OF THIS CONTRACT
The Contr;Ktor sh;1I1 execute the entire \'fork ckscrihnl in the Contract Doeument.s, except to the extcnt spedfic;1l1y indic;1ted in
the Contc1Ct Doclll11ents to he the rcsponsihility of others. or ;1S follows:
As per Summary of Work:
page 01010-1 of project manual
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The d:lte of C<Jlnl11t'1Kel11ent is the cbte frolll which the Contr:1Ct Time of l';1r;1gr:rph .".2 is llle;1sured, and sh;111 he the c!;lte of
this Agreel11ent .;IS first \\'rilten ;1ho\'e. uuless a different date is stated helow or provision is mack for the date to he fixed in a notice
!oprocTcd issunlhy the Owner. June 22, 1992-should all permits & waivers (DCA) be re-
(/"q".' tll(' d"ft' (II (o",mOUt'I11e11'. U if dil/-''''", ",."m fI,(. d"'f' (11 ,11 is ,{~n'('m(,I1' "", i/ af'I,{jUl"h'. staff' '''at f1w {/tiff' 1";/1 "f' ({YtOd;" fl "olh"e In I'''''n'cd) ce i V€d .
March 1, 1993
*(250 calendar days from official start date)
l1nless the d;lte of (OnlTlWIHTlllent is cst:lhlished hy :1 notice to proceed issued hy the O,,'ncr. the Conlr:lctor shall notify the
()\\nn in \\riting 1ll)1 less th;Jn fin' cbys hefore cOllllllencing the W'nrk to permit the timely filing of Illotlpges, Illechanic's liens
and othcr 5('('\I1il\' intncsts
3.2 The Contraclor shall :1Chit'\T SlIhst:lIlti,,1 Completion of the enlire \'\'ork not btn th;!I1
(In~('11 oJ(: (oft'lId",- fil."" eH 1I11mfwr OJ (0/("1(/(11' dal'S al'n ,,,(' (/alc' '~f (o",nu.',,(cmf'''' A/so ;"-<;('11 a"-1' n'(lr,;n'mf''''sp", ('("1,,.,- ,\II/J..loHt;al (:,.,ml,/('I;,,,, '~f ("('"
I",,, 1'1/1'1"111<; flf I/J" t1 n,l', if 1101 <;101,'(/ (./<;(,,,,h,'n' i" tI,f' C"H""O(/ nnnn"cHts)
Phase I : 140 days after commencement
Phase I I : 65 days after Phase I
Phase I I I : 45 days after Phase II as per outline on bid form dated
April 7, 1992
, slIbje(l to :ldjPstl1ll'IIIS of tllis <:(1Iur:1('1 Time :IS prodded in tlH' Conlr;tct Docllments.
III/q'" It,,,,',qIHl~, il """ frH lifl"i,/",('" "rlmO.!!''', ,d,,'rn,r! '" /,"""1'(' /0 (0"11"('((' "" (i1/",)
$100.00 per day at end of Phase III contract period
AlA DOCUMENT AIOI . OWN"'l CONTRACTOIl AGRf'EMENI . TWF.lr", EDIlION. MA'" . (()tYRe
'IIII' AMFRtCAN INSTIlIITE OF ARClII1I'C1S, t ~.~'i NE\X' YORK AVENI IE, NW, \X'ASlIIN(;H1N, Il.c' 2flo(l6
A101-1987 2
ARTICLE 4
----
CONTRACT SUM
4.1 The (hnler shall pay the COlllr;Ktor 111 current funds for the COlltr;Ktor's performancc of the COlltract the Contract Sum of
six hundred t",enty-eight thousand and six hundred thirty-four Dollars
(J 628,634.00 ), suhject to ;ldditiolls and deductions ;lS provided In the Con-
tract DonnTlcnts.
4.2 The Contract Slim is h;lsnt upon the following alternates, if ;lIlY, which ;ue descrihed In the COlltrKt DOetllllC1llS and ;ue
herehy accepted hy the 0\\ nn:
(SIale 'he Ittlml"'1-" 0" (101('1 it!CllfUiuU;'HlI!! fin ('/}Inl al1('nltlfn U dn ,siont;, Oil nfllf"- ,tltf'n'rll('s "'<' 10 he mtlde hy '/Ie (',nu',' SU"$(',/II('II' to "1(' ('.n'ullirm nf
'/Iff; ,1RP"t'('mcllt, "ff{lf I, ,'o;( !1('d"I,' of .""1" Ofl,('," "11l',",,,,/,'S sh",d"R 'h,' amnl/"I /fit' ('(/(" and 01(' date 1117',111'''''(1, 11'01 am",o,f is "(Ilid)
Items
3A.
3B.
3C.
3D.
3E.
Carpet (supplied and installed)
Circulation Desk (Supplied & Installed)
Book Storage Enclosure (includes exterior ramps,stoops
and stairs)
Computer conduit loop as shown on sheet E-3
Addition II and related work on Sheets A8-A9
as per attached bid form
Allowances -
4.3 lInit prices, if ;lIlY, are as follows:
1.) Cuban tile restoration ~ $10,000
a.) Strip, wax and buff, $1.00 per sq. ft.
b.) Remove and replace floor tile $14.50 per sq. ft.,
100 sq. ft. minimum
2.) Door hardware
a.) Addition I $3500
b.) Addition II $500
3.) Damaged roof repairs allowance $3,000
a.) Remove and replace 1x6 T&G material, $5.00 per sq.
b.)*Carpentry labor, $30 per hour
4.) All Change Orders to have additional 12% for overhead
and profit added to base cost.
_.-
ft.
*Adjustments required other than decking work.
AlA DOCUMENT MOl. O\XNER OlNIRAC101l M;RFI'MENT. 'IWElrlll E1J1110N. Af"" . ICJI<)H7
TilE A~II:.Il1L\N INSITIf1J F. or AIlUIITI'CTS, PIs NI'W YOIlK A\'I'NlIE, NW, \X'ASII1NliTON, fl.r: llWlf)(,
A101-1987 3
ARTICLE 5
PROGRESS PAYMENTS
5.1 Rased upon Applications for P:lyment suhmilled to the Architect hy the Contractor and Certifkates for Payment issued by the
Architect, the OwnCl 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 cO\Tred hy each Application for r:lyment shall he one calendar month ending on the last day of the month, or as
follows:
5.3 Provided an Application for Payment is receivcd hy the Architcct not bter than the 20th
day of a month, the O~'ner shallm;lke p:lymcnt to the Contractor not I:ltcr than
the lOt h day of the next month. If an Application for Payment Is received hy the
Architect after the applic:llion d;lIe fixed ;Ihove, p:lyment sh:ll1 he made hy the Owner not latcr than 20
d;IYs after the Architect receive.~ the Application for Paymenl.
5.4 Each Application for Payment shall he h:l~ed upon the Scheduk of V:llues suhmitted hy the Contr;Ktor in accordance with
the Conlr:Kt J)o('\lml'lHs. The Schedule of Values shall :ll1oclle the entire Contract Sum among the various portions of the \'(Iork
and he preparnl in such form :lIld supported hy such data to subst;lIltl:lte its accuracy as the Architcct m:l)' require. This Schedule,
unless ohle('led to hy the Architect, Sh:l11 he used as a hasis for reviewing the Contractor's Applications for Payment.
5.5 Applic:1tions for Payment shall indicate the percentage of completion of (,;Kh portion of the \'//ork as of the end of the period
covered hy the Application for Paymenl.
5.6 Suhiect to the provisions of the Contract Docullwnts, the amount of each progress payment shall he computed as follows:
5.6.1 T:lke Ih'<lt portion of the Contract Sum properly allocahle to completed Work as determined hy multiplying the percentage
completion of each porlion of the Work hy the share of the tolal Contr:1ct Sum :1110caled to that portion of the Work In the
Schedule of Values, less rctain:lge of ten percent
( 10 %). Pending final delermination of cost to the Owner of ch:mges in the Work, ;"nounts not in dispute may be
indnded as provided in Suhp:nagraph 7..1.7 of the (;eneral Conditions even though the Contract Sum has not yet heen adjusted by
Change Order;
5.6.2 Add that portion of the Contract Sum properly allocable to m:lterials and equipment dclin:red and suitably stored at the
site for suhsequcnt incorporalion in the completnt construction (or, if appro\Td in adv;lllce hy the OwnCl, suitahly stored off the
site at a location agreed upon in writing), less retainage of ten
percent ( 1 0 %);
5.6.3 Suhtract the a~~r('g;lle of prevjou.~ paymcnts made hy the Owner; and
5.6.4 Subtract amounts, If any, for which the Architect has withheld or nullified a Certificate for Payment :t~ provided in Para-
graph 9. C; of the (;ener:11 Conditions.
5.7 The progress paymcnt amount determined in :1ccord:ll1ce with I'ara~raph 'i.r; shall he furthcr modified under the following
circumstances:
-~.
5.7.1 Add, upon Suhstantial Completion of the Work, a sum sufficient to increase the total p:1yments to
perccnt ( 95
SllIn, Ies.~ such amounts :1S the Architect shall deterrnine for incomplete Work and unsettled claims; and
5.7.2 Add, if fin:,I complrtion of the Work is thercafter mater!:111y dcl:1yed through no fault of the Contractor, any additlollal
amounts payable in accordance with Suhpar:1graph 910.5 of the Geller:11 Conditions.
5.8 Reduction or limitation of retaimge, if :my, shall he as follows:
ninety-five
%) of the Contract
(1) it ;s ;lI/('1I(/n/, ':l-'llr to 5."hslalltial .C(~mpl('Ii()" oj OJ(' ('"Un' u"r"'~, to '-e~irl(:e or limit tbl' rcl('''"t1Rc r('sult'1lRj"om flle !W1"(('llfa8(',,\ ;n'\('''/('d;1I SUlJjJcrl"t1-
R"l/,hs 5. (, I tUld l (l.2 "'101'(', (Uld ,h',r; IS tint (",plal1,ed ('/.'\('11'/1(>1(' '" the (,0111,-acf !>"(Umellls, 'IIser' "en' !)"'".;S;()lIS fn,. SII{ h r('dud;,m ",-limitation.)
upon substantial completion of each phase, retainage will be
reduced to 5% for work related to that phase
AtA DOCUMENT MOt. OWNERCONIRACTOR MiRHMENT . lWELFTII EDITION. AlA'" . @19R7
TilE AMERICAN IN"!' lllTF OF ARCIIIlFCTS, 17.H NEW YORK AVENlIE, N\'<', WASIIINC;TON, D.C. 20fl()(i
A101-1987 4
ARTICLE 6
---.---.----
FINAL PAYMENT
rin:l! r:lytllent, constituting the enlire unp:lid hal:1nce of Ihe Contract SUI11, sh:11I he m:,de hy the O",nn to the Conlractor when (1)
the Contr:lcl h;1S heen fully performed hy the Contr:lctor except for the Conlr:lclor's responsibility to correct nonconforming
\'(Iork :IS rro\'idn! in Subp:lr:lglarh '2.22 of the (~enClal Conditions :1I1d to s:llisfy other requi,,:ments, if ;1I1Y, which neeess:lrily
survive fin:ll p:lyment: ;1I1d (2):1 fin:ll Certiriote for Payment h:1S been issued by the Architect; such fin;,1 payment sh:lll be l11:1de by
tbe O\\'ner not more lh:ln .~() (bys after the issu;1I1ce of the Architect'.s fin;l! Ccrflfic:lte for l':lYl11ent, or :IS follows:
Retainage reduced to 5% until receipt of final release forms
and completion of punchlist per each phase
ARTICLE 7
---
MISCELLANEOUS PROVISIONS
,.....
7.1 Where referencc is m:,de in this Aweement to a pmvision of the General Conditions or another Contr;1ct Docul11ent, the rd-
erence refers to lh:lt provision :IS ;1l11ended or suppknH'ntnl hy other provisions of the Contr:lcl Docul11ent.s.
7.2 r:lytllents dne ;1I1d unp:lid under the Contract sh:,II hear interest frol11 the d;lle p;lytllent is due;ll the rate st:lted below, or in
the ;lhscnce thneof. ;1l the kg:ll r;lle prev:llIing from time to til11e at the pbcc where Ihe Project is IOCllnl.
fI",,.,., r,lff' flf ;111(',-,'sl f'.U,1Pf'tI "/"111. il fln1'.)
8% - Eight Percent
ff 'S"'Y IflWS and l"l'qrtirCl11f,,,ts ,older 'he h'e/e"ol 7 nil" illl.cHclf,,!!. Ad. -"imila,. .<;101(' (11Id ,,,( 01 (Oil...'''",.,. unlil/tlll's and "'''fT n'p,lilal;o11s at/he ()Inter's and
C("''''(I("I"," '.<; I"-;II{ ;1'al ,,/rlet'S (~I hIlS;'Il'."S, 'be /oul/ftm f~II"(' I''''~i('( I tiNt! dH'U"'C,.c 111(1)' ftJ.J('l/ 'be I'tllitlify "I,/t,s I'''' wi"f m , r',~ol "dt'ict' should he nhlai1tl't/
".ith 1'f'-"I"'("( In dd(.,ltonr.; "1' mndi/iUllttl1ts, ol1d "Iso "",f.!,o,.d;"R u"f"in""""ts s"ch as ".,.i/l('11 disc In,qnrs fI,. ".oi'l"'s,)
7.3 Other prm'i.siol1s:
ARTICLE 8
--
TERMINA TION OR SUSPENSION
8.1 The COl1lr;tct mav he terminated hy the OWI1Cf or the COl1lr;lClor as provided in Article Ii of the (;ener;,1 COl1ditions.
8.2 The \~'o1k 111:1\' he sllspel1dnl by Ihe O\\'l1tT ;1S 111m'ided in Article 1 ,I of Ihe (;eI1Cf;11 COl1ditiol1s.
AlA DOCUMENT Al01 . o"NrucoNIRACIOR M;llI.:un:Nl . l"EITIJI E1l1ItON . AlA' . <CJt'J/F
., fiE AMEUICAN INS!'" 'It' OF ARum FCIS. P IS NEW YOUK A"ENt 'E. N ,V. '~ASlIIN(;H IN. fl.L ZIHlllci
A101-1987 5
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows,
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document AIOI, 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document A201, 1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract arc those contained in the Project Manual
, and arc as follows:
Document
Title
Pages
AlA Document A201
General Conditions of
the Contract for Construction
1987 Edition
1 - 24
Supplementary Conditions
00800-1 - 5
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows,
(Pi/her list the S/wc(fkali(}us here or t"(~re'. /0 all ('xhihit a/tacbed to this ARn~emellt.)
Section
Title
Pages
o
1
2
3
4
5
6
7
8
9
10
15
16
Bidding & Contract requirements
General requirements
Site work
Concrete
Masonry
Metals
Wood and plastics
Thermal and moisture protection
Doors and windows
Finishes
Specialties
Mechanical
Electrical
00001 - 00800
01010 - 01710
02060 - 02362
03100 - 03412
04220.01
05130
06010 - 06405
07210 - 07920
08121 - 08710
09110 - 09951
10161 - 10800
15010 - 15900
16010 - 16960
AtA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987
TIlE AMERICAN INSTITllTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASIIINGTON, D.C. 20006
A101-1987 6
9.1.5 The- Dr:nYings :1f(' :'s foll()\\"s, :md :1re- (btnl
Ul1less :1 differel1t d:lte is sho~'11 hcl()w:
(,..;rll,', list 'he n,'af1'il1n~ "('U' "t" ,.,'l,"" In (/n ('.,-"""" altm /Il'd In '''is Ag1('(''''''III,)
Numher
Title
f)ale
Al
A2
A3
A4
A5
A6
A7
AS
A9
Site Plan/Title Sheet
Demolition Plan
Floor Plan
Elevations & Building Section
Structure Plans, Details & Schedules
Interior Elevations & Finish Schedule
Reflected Cieling Plan
Addition II - Plans & Elevations
Addition II - Details, Structure &
Schedules
Site - Plumbing & Electric
Plumbing Plan
A/C Plan - Existing
A/C Plan - New
Lighting Plan - Existing
Lighting Plan - New
Electric Power Plan
Electric Plan - Addition II
Electric Schedules
Sl
PI
A/C1
A/C2
E1
E2
E3
E4
E5
.-
9.1.6 The Addend:!, if :IfIY, :'1(' :IS f()lIo\\"s:
Numher Dale Pa~e!l
1 March 23, 1992 2
2 April 1 , 1992 1
3 April 3, 1992 1
Portiol1S of Addend:, r('btin~ to hidding requi!ellKnts :Ire n()I 1':111 ()f Ihe COl1lr:tcl f)()('ull1el1ts unless Ihe hidding reqllirell1ellls :1re
:tlso el1l1l11('r:1I('(I in this Ankle l)
^'^ DOCUMENT ^101. ()\~NrJlUlNIJlACrOJl M;llI-.rW'NT. I\Xl'I.l'IH 1'111 I IllN . AlA' . fC'I')W
I III' AMl'Ilt<:AN INS II '''IF fll' AJlCIIITI'lTs, PI'; Nr\X' YOHK A\rNI 'I', N'X', \XAS"'N(:Tf lN, () L lOlIlI(,
A101-1987 7
9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(Usl bere any addilirmal dowme1lls U'bicb are inlended 10 form part of tbe Co1llract Documents. 71Jl' General C(mditi01~< pror.ide Ibalbidding requireme1lls sueb
as adt'ertisement or- i1ltJilalion to bid, Instructions to Bidde',.s, sample forms and the Contractor's bid are not part (?{ the Contracl Documents unless enumerated
in Ibis A)I"eement Tbel' sborild be lis red bere (ml)' if i1llended 10 be parI of Ibe Omlraet Docum""IS.)
Bid Form:
Dated April 1, 1992 with Gary Loer Signature
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By4-~;/f-
Deputy 1 erk
By
This Agreement is entered into as of the day and year first written ahove and is executed in at lea~t three original copies of which
one is to he delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
OWNER - Monroe County Board of
~-- Count,.y com~ioner~
..~.t...."y. ...~~ ......., .
(Sif.!.I1(/lllrc)
. L . f)"J..,. (rrrJ
.~~
(Si
Wilhelmina Harvey - Mayor/Chairman
ft.~m~a~~
)(~~ud~16 +-
(fjJ1.fE/:'I{III'lS.p~(f '(''''22, 1992
AlA DOCUMENT A101 . OWNER CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . (c) 19R7
TilE AMERICAN INSTlTl rTE OE ARCIIITECTS, 17.~5 NEW YORK AVENIJE, NW., WASIIIN/;TON, D.C. 2()()()(i
A101-1987
8
"
,. .
,
,
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(0),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to Mmroe Co1IDtv Board of Cotm.~ Carrmissirmp.r~
. .. [print name of the public entity)
by Gary A. Loer, President
(print individual's name and title]
ror D.L. Porter Construction. Inc.
[print name of entity submitting sworn statement)
1100 Gillespie Avenue, Sarasota, FL 34236
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is 59-1782890
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
.)
2. I understand that a .public entity crime. as defined in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of ,any state or federal law by a person with respect to and directly related to
the transaction of business with any public entity or with an agency or political subdivision of any
other state or of the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
3. I understand that .convicted" or .conviction. as defined in Paragraph 287.133(1)(b), Florida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
...r'
4. I understand that an .affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
S. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any
'.r. natural person or entity organized under the laws of any state or of the United States with the legal'
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Indicate wblcb statement applles.]
L Nei~her the entity submitting this sworn statement, nor any of its offi~rs, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
panners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of F1orida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBUC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC ENTITY
ONLY AND, THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN
THE INFORMATION CONTAINED IN THIS FORM.
#/imRl
STATE OF
COUNTY OF
r~~
tjr, /9"2-
, [date]
'"
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~ ,,~~ -" A ~ who, after lint being sworn by me, .- hislher signature
[name of Indi oal siinintr
in the space provided above on this /0 day Of~ 19 ?;:J-.
~)0~~
OTARY PUBUC
My commission expires:
Notary Public, Stlt, of Florlcll at \;Irll
My Commllllon Iltpir.. A.UII. I, 111'
Form PUR 7068 (Rev. 04110191)
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
. FOR ALL
CONTRACTS WITH
MONROE COUNTY, FLORIDA
The Contractor covenants and agrees to indemnify and hold
harmless Monroe County Board of County Commissioners from any and
all claims for bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County)
and any other losses, damages, and expenses (including attorney's
fees) which arise out of, in connection with, or by reason.of
services provided by The Contractor or any of its
subcontractor(s) in any tier, occasioned by the negligence or
other wrongful act or omission of The Contractor or its
subcontractor(s) in any tier, their employees, or agents.
The first ten dollars ($10.00) of remuneration paid to the
Contractor is for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere
within this agreement.
-.....
~"'1 A.. L.-.. ~.
(Printed name an title)
..
SWORN STATEMENT UNDER ORDINANCE NO. 10--1990
MONROE COUN.rY, n,ORIDA
ETHICS CLAUSE
GaIX_~.J:.oe_r_.... .. .._U'
warrants that he/it has not employed,
retained or otherwise had act on his/lts behalf any former County officer
or employee in voliation of Section 2 of 'Ordinance No. 10-1990 01' any
County officer or employee in violation of Section 3 of Ordinance No,
10-1990, For breach or violation of this provision the County may, in
its discretion, terminate tllis contract without liability and may also,
in its discretion, deduct from the COlltract or purchase price, or
otherwise recover, the full amount of any
Date:
percentage,
9ift, or consideration paid to the fOl'mer
STATE OF
FLORIDA
COUNTY OF ~A~SQ.Tf\ .__............ ..
PERSONAl.LY APPEARED BEFORE ME, the unders j 9ned authori ty,
. .___.______.u....GA ry A . LoeJ:..
WllO, after first bejn9 sworn by me,
affixed his/l~si9nature (name of Individ\lal si9nin9) in the space.
provided above on this
16th
.dRY of June
-....-.-.---.... . ....-.....~ .,
19.... __~~.
~~.-~
NOTARY PUBLIC
My ~=:;t.:b'~~t.e.iHe~A\t "m
Mr ,o.mmt..ft hill'" AN.. I, lMl
MCP#4 REV. 6/91.
I,
NON-COLLUSION AFFIDAVIT
Gary A. Loer of
the
city
of
acco~ding to law on my oath, and unde~ penalty
depoae and aay that,
1.) I am
President
of the fi~ of
D. L. Porter the bidder making the Propoul for the
'pr~~g~tr~cahi~eJ~)' followa,
2.) the pricea in thb bid bave been arrived at
independently witbout colluaion, consultation, cOllllllUnication or
ag~eement fo~ the purpose of ~eatricting competition, as to any
matte~ ~elating to auch p~i~e8 witb any otber bidder o~ witb any
competito~,
3.) unle.. otberwiae required by law, the prices which
have been quoted in thia bid have not been knowingly di.cloaed by
the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, di~ectly or indirectly, to any other bidder
or to any competitor, and
4.) no attempt haa been made or will be made by tbe bidder
to induce any other person, partnership or corporation to submit,
or not to lubmit, a bid for the purpole of reltricting
competition,
5.) the Itatementl contained in this affidavit are true and
correct, and made with full knowledge that
~
~:
"
STATE OF
COUNTY OF
FLORIDA
SARASOTA
avit in
upon the truth of tbe statementl contained
awarding contracta for laid proj.ct.
PEB,SONALLY APPERARED BEFORE ME, the undersigned -authOrity,
Gary A. Loer who, after first being sworn by me,
[name of individual signing]
affixed bb/her ~e in th?, space provided above on thh
/ ~ day of ,19 ~.
My commi.aion expire"
~~,~
Notary Public; State Of FlorlCla at [arp
My Commission Expires Aug. B, 1995