Item V11 Co �� � .�� , BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
The Florida Keys Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
u f Holly Merrill Raschein,District 5
County Commission Meeting
October 19, 2022
Agenda Item Summary #11243
AD1111 ON ]I["]II~LM V,,,,,11
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416
N/A
AGENDA ITEM WORDING: Approval to award bid and execute an Agreement with D.L. Porter
Constructors, Inc., the lowest responsible responsive bidder, in the amount of $2,936,539.00 for the
buildout of the Public Defender's Office on Simonton Street in Key West. This will be funded by
Infrastructure Sales Tax.
ITEM BACKGROUND: The County purchased 316 Simonton Street in Key West for future office
space for the Monroe County Public Defender's Office (PDO). The property itself consists of
approximately 8,300 SF of space in five (5) separate buildings. Bender & Associates, Architects,
P.A. was engaged to provide professional architectural and engineering services to plan, program,
and design tenant improvements at the property.
The County recognizes that the parcel is within the Historic District of the City of Key West and that
one or more of the buildings on this parcel are historic and therefore protected under the land use
plan and ordinances of the City of Key West. The County desires the tenant improvements to meet
City of Key West and Historic Architectural Review Commission (HARC) requirements, while also
serving the office space needs of the PDO.
This construction phase of this project includes the renovation of several existing historic buildings
to office space, including all associated sitework, electrical, plumbing, mechanical, fire protection,
security, information technology, and new signage. A Request for Proposals was issued in August
2022 seeking a contractor for the buildout of the new offices. Three (3)proposals were received and
D. L. Porter Constructors, Inc. was the lowest responsive bidder with a bid amount of$2,936,539.00.
Staff seeks approval to award the bid to D. L. Porter and approve the Agreement.
PREVIOUS RELEVANT BOCC ACTION:
1/23/2019 BOCC approved the interim location lease.
2/20/2019 Approval of a contract to purchase the property at 316 Simonton Street in Key West.
6/17/2020 Approval of a Task Order with Bender& Associates, Architects, P.A. in the amount of
$170,064.00.
11/17/2021 BOCC approval of First Amendment with Bender for additional design services.
5/18/2022 BOCC approval of Second Amendment with Bender for mold, lead, and asbestos
testing.
7/15/2022 BOCC approval of a corrected scrivener's error in the original Task Order with Bender.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Public Defenders Office_Contract_signed by DL Porter
Bid Tabulation pdf
10-4-2022 DL Porter Proposal
FINANCIAL IMPACT:
Effective Date: 10/19/2022
Expiration Date: TBD (Substantial completion to be 305 days after commencement of
project or issuance of Notice to Proceed)
Total Dollar Value of Contract: $2,936,539.00
Total Cost to County: $2,936,539.00
Current Year Portion: $1,325,000.00
Budgeted: Yes
Source of Funds: 304-24007-530310-CG1904
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Final COI will be provided after Board approval
Additional Details:
304-24007-530310-CG1904
11/15/22 NEW COST CENTER ADDED $2,936,539.00
304-24007-530310-CG1904
REVIEWED BY:
Cary Knight Skipped 10/07/2022 6:27 PM
Jordan Salinger Completed 10/11/2022 7:50 AM
Kevin Wilson Completed 10/11/2022 8:23 AM
Patricia Eables Completed 10/11/2022 8:39 AM
Purchasing Completed 10/11/2022 9:02 AM
Budget and Finance Completed 10/11/2022 9:21 AM
Brian Bradley Completed 10/11/2022 10:13 AM
Lindsey Ballard Completed 10/17/2022 1:08 PM
Board of County Commissioners Pending 10/19/2022 9:00 AM
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 1911 day of October 2022
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: D. L. Porter Constructors, Inc.
6574 Palmer Park Circle
Sarasota, FL 34238
For the following Project: PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT— KEY
WEST OFFICES
Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Drawings and Specifications. The Contractor is required to provide a complete job
as contemplated by the drawings and specifications, which are a part of this bid package.
The Contractor shall furnish all labor, supervision, materials, power, tools, equipment,
supplies, permits and any other means of construction necessary or proper for performing
and completing the Scope of Work, unless otherwise specifically stated.
This project includes the renovation of several existing historic buildings to office space,
including all associated sitework, electrical, plumbing, mechanical,fire protection,security,
information technology, and new signage.
Comply with applicable codes and regulations for demolition operations and safety of
adjacent structures and the public. Provide, erect, and maintain temporary barriers and
security devices. Obtain written permission from owners of adjacent properties when
demolition equipment will traverse, infringe upon or limit access to their property. Do not
begin removal of elements to be demolished until receipt of notification to proceed from
Architect or Owner.
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As referenced in 6.3.14, the owner will be utilizing Owner Direct Purchasing (ODP) to
acquire goods as the county deems appropriate.
Asbestos Contractor shall conduct asbestos abatement work in accordance with the
asbestos abatement plans and specifications developed by the Asbestos Consultant.
Identification and removal of asbestos-containing-materials shall comply with applicable
federal, state, and local laws, ordinances, criteria, rules, and regulations including but not
limited to:
1. Rule 62-257, Florida Administrative Code.
2. Section 376.60, Florida Statutes.
3. 40 CFR 61 Subpart M.
4. Florida Department of Environmental Protection (DEP), Division of Air
Resources Management.
1. Identification and removal of Lead Based Paint and Mold shall comply with applicable
federal, state, and local laws, ordinances, criteria, rules, and regulations.
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
Three Hundred Five (305) 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.
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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 31 ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations
under this Agreement will be excused to the extent that the delay or failure was 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 Two Million Nine Hundred Thirty-Six Thousand Five
Hundred Thirty-Nine 001100 Dollars ($2,936,539.00), 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
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ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month.
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act, Section 218.735,
Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner
invoices with supporting documentation that are acceptable to the Monroe County Office
of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally
accepted accounting principles and such laws, rules and regulations as may govern the
disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes.A copy of
the tax exemption certificate will be provided by the Owner upon request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
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.
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5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of five percent(5%)will be withheld in accordance with Section 218.735 (8)(a),
Florida Statutes.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
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.
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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.
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, 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
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Agreement for public records purposes during the term of the Agreement and for
seven (7)years following the termination of this Agreement.
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 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 Sec. 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
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
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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. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
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j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
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 handicaps;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 11,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. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment, or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
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Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained, or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
o) Public Records Compliance. Contractor must comply with Florida public records
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 Fla. Stat., Sec. 119.0701 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
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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
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 ATTORNEYS OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 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
Page 11 of 19
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
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
r) Legal Obligations and Responsibilities/Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
s) 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.
t) Attestations. 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.
u) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
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.
v) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
Page 12 of 19
w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against(i)any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury(including death), loss, damage,fine, penalty
or business interruption, and (iii)any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs, or
expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project(to include the work of others)is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or 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.
x) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
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
Page 13 of 19
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.
z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured.
aa)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.
bb) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall be
construed so as to find Contractor or any of its employees, subcontractors, servants,
or agents to be employees of the Board of County Commissioners of Monroe County.
cc) E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat. Sec.
448.095, 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 Fla. Stat. Sec. 448.095.
dd)Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
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.
Page 14 of 19
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: Gary A. Loer, President
D.L. Porter Constructors, Inc.
6574 Palmer Park Circle
Sarasota, Florida 34238
For Owner: Director of Project Management Assistant County Administrator, PW & E
1100 Simonton Street, Room 2-216 1100 Simonton Street
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.
Page 15 of 19
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty(30) days'written notice to Contractor. If the County
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: Drawings from Bender&Associates Architects dated January 31, 2022
b) Specifications: Specifications from Bender & Associates Architects dated August
2022
c) Limited Asbestos Pre-Renovation Survey prepared by Gallagher Bassett dated June
28, 2022
d) Indoor Air Quality(IAQ)/Water Damage Assessment and Remediation Scope of Work
prepared by Gallagher Bassett dated July 13, 2022
e) Lead-Based Paint Inspection prepared by Gallagher Bassett dated July 8, 2022
f) Proposed Signage Sketch prepared by Bender
g) Project Manual: N/A
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
Page 16 of 19
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
Project Manual dated: N/A
9.1.4 The Addenda, if any, are as follows:
Number Date Page
1 8/18/2022 1
2 8/25/2022 1
3 9/23/2022 2
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1)original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 17 of 19
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
Date
CONTRACTOR'S Witnesses Attest: CONTRACTOR: D. L PORTER
CONSTRUCTORS, INC.
Contractor must provide two witnesses
signatures Signature:.
Signature RIO Print Name: Cc4t4-tn
Print Name: V'C V vy- L"A'(Urcy- Title: krok��er ZC oro S Con�
Date: O I ko Date: 10
and
Signature: MONROE COUNTY ATTORNEY IS OFFICE
VE0,,111 T
Print Name: PATRICIA EABLES
DATE:ASSIST UOINY
7/2=
Dater to
STATE OF V1 ..# , COUNTY OF C�-
�WN
On this \0--' day of "U;�V 20�,)Q, before me, the undersigned notary public,
bye means of E6, physical presence or 0 online personally appeared
(name of affiant) known to me to be the person whose name
is subscribed above or'vffio produced as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for PUBLIC
DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES for the purposes therein
contained.
Notary Publid1/,--X*N"y'-`1 KIM DRYDEN
NOTARY PUBLIC
STATE OF FLORIDA
NO.HH225611
Print Name oko�tff-)
23J
My commission expires: (Sea ll)MY COMMISSION EXPIRES FEB.24.20___
I-�
End of Section 00500
Page 18 of 19
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 19 of 19
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N OE COUNTY
BOARD OF LINTY COMMISSIONERS
REQUEST FOR PROPOSAL
FOR
PUBLIC DEFENDER 16T" JUDICIAL CIRCUIT
KEY WEST OFFICES
BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tern Craig Cates, District 1
Michelle Coldiron, District 2
James K. Scholl, District 3
Holly Merrill Raschein, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
Clerk of the Circuit Court Assistant County Administrator
Kevin Madok Kevin G. Wilson, P. E.
August 2022
PREPARED BY:
Monroe County Project Management Department
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
SECTION 00120
PROPO0ALFORM
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Item Description
1. Proposal Form
2. Bid Bond (Proposal Security)
3. Non-Collusion Affidavit
4. Lobbying and Conflict of Interest Clause
5. Drug-Free Workplace Form
6. Local Preference Form
7. Public Entity Crime Statement
O. Vendor Certification Regarding Scrutinized Companies List
8. Subcontractor Listing Form
1O. Insurance Requirements and Policy and Procedures
11. Workers Compensation and Employers' Liability
12. General Liability
13. Vehicle Liability
14. P s |DgV[8DC88Od |ndernnificotnnS[8[ernen[
15. Insurance Agent's Statement
10. Contractor License:
A Current Copy tobe submitted with Proposal.
Subcontractor Licenses b] be Submitted Prior to
Award Of Notice toProceed.
INFORMATION REQUIRED TO BE PROVIDED
1. In order to determine if the persons or entity submitting pnDpOS@|S are responsible, all
PrOpOG8|S for contracts to be avvoPdad Under this G8CtiOO nnVot contain the following
iDfVr[D8UOn:
A. A list of the enbb/a shareholders with five percent (5%) or more of the stock or, if
8g8nema|partnership, o list of the general partners; or, ifolimited liability company,
a list Of its DleOnbe[a; if a solely owned proprietorship, noOnee/e\ of OVVDer(a). A
copy of documentation demonstrating that the entity is o legally viable eOUb/ shall
be attached. Gary A. Lmmr, President 10096
Gary A. Lmer, President
B. A|itof�h officers ddi directors of entity.
� � °�'" =' '� "''" = ='' Secretary
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
C. RelevantExperience:The number Of years the person or entity has been operating
and, if different, the DU[Db8r of years it has been providing the service, goods, or
Q]DStnU[tiOO SerViC8S called for in the proposal SpeChiC8ti8DS /iOC|Ud8 8 list Of
similar p 'ucto\.D'L. Porter Constructors, Inc. -24years
See attached List of Projects
D. The number of years the person entity has operated under its present name and
any prior names. D.L. Porter Constructors, Inc. -24years
D.L. Porter construction, Inc. - 45 years
E. Answers to the following quOSUoDS regarding c|8iOne and suits:
1\ Has the person O[entity ever failed tO complete work nr provide the goods
for which it has contracted? (if yes, provide details of the job, including
where the job was located and the name Of the owner.\
��
YES N{�
LJ ��
3) Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or its
officers, directors,or general partners(this specifically includes any present
or prior entities in which the person, principal, enUh/' officer, director or
0eDenm| partner of the proposing entity has been involved as a person,
p[iDCip8|' entity, 0ffiCo[' director or g8ng[8| partner in the |mSt five /5\
years)? (|f yes' provide de[oi|8, include enough information about the
judgment, o|8inn, arbitration or suit so that the Owner will able to obtain G
copy of the judgment or C|8irn or locate the suit by location and case
number.)
�� �
���� NNO �
L� �111
3\ Has the person, principal of the entity, enUb/' or its ofDCg[G. major
ShaF8hO|de[S or directors within the last five (5)years, been a party to any
|8w suits or arbitrations with regard to n contract for S8rviC8S' goods Or
construction services similar to those requested in the specifications with
private or public entities? This op8Cifioo||y includes any present or prior
entities in which the pR[eoD' principal, entity, Officer. director Or general
partner Of the proposing entity has been involved as a person, principal,
entity, officer, director or gVD8r8| partner in the last five (5) years. /|f yes,
provide details, include enough iDfO[OlBtiUD about the judgment, c|o|nn.
arbitration Or suit o0 that the C]VVDe[ will able to obtain @ copy of the
judgment or claim or |onoLg the suit by location and case number.)
L
YES F�
N()J
4\ Has the person, principal of the entity, or its officers, owners, pGrtD8[S.
major shareholders or dir8Ct0re, ever initiated litigation against MOOnOS
County been sued by Monroe County in connection with a contract to
PR[>P(]SALFC)F{K4 0O120-Page 23nf220
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
provide services, goods or construction services?This specifically includes
any present or prior entities in which the person, principal, entity, officer,
director Or general partner of the proposing entity has been involved as 8
person, principal, entity, officer, director U[general partner. (if yes, provide
details, include enough information about the judgment, claim, arbitration
or suit so that the Owner will able to obtain a copy of the judgment or claim
or locate the suit by location and case nVnlber.\
YES �� N(]
��
5\ VVh8ther, within the |ont five /5\ y88[S' the C}vvnoF, an officor, general
partner, controlling shareholder or major nreditnrofthepenaonorenbtvvvoo
8n officer, general partner, controlling shareholder nr major onaditorof8ny
other entity that failed to perform services or furnish goods similar to those
sought in the request for bids. (if yes, provide details and information about
the failure to perform services or furnish goods that will enable the Owner
to thoroughly consider the rngttH[.\
��
YES NU
L�
O) Customer references (minimum Ofthree), including name, current address
and current telephone number. Credit References (minimum of three),
including name, current address and current telephone nUnnber.^^*See aftached
7) Financial statements for the prior three /3\ years. Please provide in a
separate email for the Contractor's confidentiality, and clearly label the
email as "CONFIDENTIAL".
("Any financial statement that an agency requires 8 pnOSpOCtiVg bidder to
submit iO order t0p[gqUo|ifv for bidding 0r for responding t0o bid for o road
or any other public works project iSGxe0ptfrornF.8. 119.D7(1)8Dd8.24(o).
Ad. 1 of the State Constitution.") However, any financial information the
Contractor includes in the prOpOG8| paCkgt, which is not marked as
"Confidential", may be disclosed in any public records request and will not
be treated as "Confidential." The County Gh8|| iDCU[ OO liability for
inadvertent disclosure of financial records that are not properly marked.
PROPO8ALFORK8 0012U- Page 24of220
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
SECTION 00120
PROPOSALFORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM: D.L. Porter Constructors, Inc.
6574 Palmer Park Circle
Sarasota, FL 34238
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
and having carefully examined the site where the Work is to be performed, having become familiar
with all local conditions including labor affecting the cost thereof, and having familiarized
himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he/she has personally inspected the actual location of where
the Work is to be performed,together with the local sources of supply and that he/she understands
the conditions under which the Work is to be performed. The successful proposer shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other latent
physical condition which could be reasonably anticipated by reference to documentary information
provided and made available, and from inspection and examination of the site.
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control.
Two Million Nine Hundred Thirty-Six Thousand Five Hundred Thirty-Nine Dollars &Zero Cents
(Total Base Proposal-words)
$ 2,936,539.00 Dollars
(Total Base Proposal—numbers)
I acknowledge Alternates as follows: N/A
PROPOSAL FORM 00120-Page 25 of 220
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
Unit prices, if any, are as follows: N/A
I acknowledge receipt of Addenda No.(s)
No. 1 Dated August 18, 2022
No. 2 Dated August 25, 2022
No. 3 Dated September 23, 2022
No. Dated
PROPOSAL FORM 00120-Page 26 of 220
REQUEST FOR PROPOSALS
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT—KEY WEST OFFICES
MONROE COUNTY,FLORIDA
RFP-462-0-2022/la
ADDENDUM NO. 1
August 18, 2022
The information contained in this Addendum alters the information contained in the Bid
and is hereby made a part of the Contract Documents.
Question 1: Are there any plans for the Public Defender job just uploaded to Demandstar?
ANSWER 1: The files were inadvertently omitted from the package sent to Purchasing
for posting. They are being added with this Addendum.
End of Addendum No 1.
; Digitally s(gned by Cary Knight
Cary Kn A g h. 04e:022.08.2210:02:32
Cary Knight
Director,Project Management Department
1
REQUEST FOR PROPOSALS
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT—KEY WEST OFFICES
MONROE COUNTY,FLORIDA
RFP-462-0-2022/la
ADDENDUM NO.2
August 25,2022
The information contained in this Addendum alters the information contained in the Bid
and is hereby made a part of the Contract Documents.
Question 1: For the Public Defender 16th Judicial Court Project is it possible to get a set
of drawings with the comments turned off? The massive amount of yellow comment notes
in the plans is extremely distracting and do not provide any information that is not already
there.
ANSWER 1: An updated version of the files is added with this Addendum.
End of Addendum No 2.
Digitally signed by Cary Knight
Cary Knight Date:2022.08.26 09:49:07
-04'00'
Cary Knight
Director,Project Management Department
1
REQUEST FOR PROPOSALS
MONROE COUNTY PUBLIC DEFENDER'S OFFICE
MONROE COUNTY,FLORIDA
RFP-462-0-2022/la
ADDENDUM NO.3
September 23,2022
The information contained in this Addendum alters the information contained in the Bid
and is hereby made a part of the Contract Documents.
Question 1: Please confirm copper gutter and downspouts and stainless-steel flashings
as indicated in Spec Section 076200. Drawings do not indicate any other product and site
visit does not indicate any existing copper or stainless.
ANSWER 1: Copper gutter and downspouts and stainless-steel flashings are required per
Spec Section 076200.
Question 2: Asphalt patching appears significant at multiple utility crossings for electric,
data,fire, etc.Is complete overlay or sealer required to ensure new look?
ANSWER 2: Asphalt shall be patched after trenching. See trench restoration Detail on
Sheet C-200. After patching, the entire asphalt parking area and driveway shall then be
sealed with asphalt sealer for new uniform appearance. Use PolyTar Heavy Duty
Pavement Sealer, by GemSeal Pavement products, or architect approved alternate. Install
per manufacturer's recommendations. Before sealing, patch surface cracks with suitable
hot-applied joint sealant such as GenSeal Trowelable Crack Filler.
Question 3: Does the RPZ require a concrete slab?
ANSWER 3: Yes, See detail 41C200.
Question 4: Please provide details of slab over existing asphalt at Bldg. 5.Prep work on
asphalt for bond?
ANSWER 4: See Sheet S1.1. A vapor barrier is not required. The asphalt will be an
effective vapor retarder.
Question 5: Is spray foam insulation acceptable in lieu of rigid insulation so long as the
R value is maintained?
ANSWER 5: Spray foam is not acceptable. Spray foam adheres to the historic wood and
traps moisture.It is also impossible to remove.
1
Question 6: Is room sig-nage required?
ANSWER 6: Yes. Contractor shall provide and install room signage at each room. See
Section 101400.
End of Addendum No 3.
Digitally signed by Cary
t.
Cary Knigh Date:Kni,h,2022.09.23
10:12:46-04'00'
Cary Knight
Director,Project Management Department
2
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
states bv his/her check mark in the blank beside the form and bx his/her signature
that he/she has provided the following requirements (located in Section 00120):
1. Proposal Form
Z. Proposal Security (Bid Bond)
3. Non-Collusion Affidavit
4. Lobbying and Conflict Of Interest Clause
5. Drug-Free Workplace Form
0. Local Preference Form and requirements (if applicable)
7. Public Entity Crime Statement
M. Vendor Certification Regarding Scrutinized Companies Lists
9. Subcontractor List FD[mO
10. Pn}poaer'o Insurance and Indemnification Statement
11. Insurance Agents Statement (signed byagent)
12. Answered Required Questions
13. Provided three /3\ Customer References and three /3\ Credit References
14
Provided three years OfFinancial Statements in separate email marked
` '
� /3\
"CONFIDENTIAL"
15. Certified copy Of Valid Florida Contractor's License
10. Current Monroe County Occupational License | x |
�]
Business
Name: D.L. Porter Constructors, Inc. DBA: same
Business
E|N # 65-0848440
Business Mailing
Address: 8574 Palmer Park Circle Address: 6574Pa|nmer Park Circle
City,
State, Zip Sarasota, FIL 34238 City.Staba'Zip
Phone: Loca| Phono:
The physical business address must be registered ap/1 s princip �lace of business with the Florida
Department of State for ut least one(1)year prior t �e n ice request for bid or proposal.
Date: October 4 2022 Signed:
Printed: Gary
Title: President
Witness:
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT- KEY WEST OFFICES
RID (PROPOSAL) BOND
KNOW ALL MEN BY THESE PRESENTS, that we D.L Porter Constructors, Inc
6574 Palmer Park Circle, Sarasota, FL 34238
(Here insert name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company
175 Berkeley Street, Boston, MA 02116
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of MA as Surety, hereinafter called
the Surety, are held and firmly bound unto Monroe County Board of County Commissioners
500 Whitehead Street Key West, Florida 33040
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of Five Percent(5%)of Amount BidDollars
( 5%o , for the payment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Public Defender 16th Judicial Circuit- Key West Offices
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may
be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give
such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect. Any action
instituted by a claimant under this bond must be in accordance with the notice and time limitations
provisions in Section 255.05(2), Florida Statutes.
D.L Porter Constructors. Inc.
Yyl rincipal) (Seal)
(Witness)
,- (Title)
Liberty Mutual Insurance Company
(Surety) (Seal)
(V1�itness) ivia antiago
(Titl Holli Orr, Attorney-In-Fact
PROPOSAL FORM 00120-Page 28 of 220
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
t The Ohio Casualty Insurance Company Certificate No: 8206489-986514
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, flolli Orr,
Jennifer Westmoreland,Krystal L.Stravato,Wes Williams
all of the city of Atlanta state of GA each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 8th day of October 2021
Liberty Mutual Insurance Company
P�\NSUR� P'I'l INS& 1NSURq The Ohio Casualty Insurance Company
�J oor'PORsrF�n �, °ORPORv>�y `4P 19-—4r �� West American Insurance Company
3 on+ C3 o m W 3 Fofi
ui Y � 1912ya 0 1919 0 1991 0
a w 0 d O vi E
~�9SSACNUS�.dD SO NAMPg�\,aD� .aD� r � •C U
0) 0
By: / is
Q3 David M.Carey,Assistant Secretary 0 w
-a Co State of PENNSYLVANIA ss
County of MONTGOMERY o E
On this 8th day of October 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes Q
NN therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
— IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written.
(a'rn ,..I 00 O
N ra G* S/n
` '' Commonwealth of Pennsylvania-Notary Seal ;4{�n-`
rtt o Q<'T Teresa Pastella,tgomer Notary Public B //-`• ���r -d-� y.N
t" a �' Montgomery County (/ E E
L OF My commission expires March 28,2025 y• O E
gr Commission number 1126044 i
vsyt.JI f,.ICJ Member,Pennsylvania Association of Notaries Teresa Pastella,Notary Public <C O
1RY., �h
C Q? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 aNro
E•E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o N
a�
o` ARTICLE IV—OFFICERS:Section 12.Power of Attorney. °Q
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a CD
M
President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety o CD
any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall v c�
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such o m
Zo instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the Q aoi
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. �i Q.
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 12th day of October 2022
PV tNSU P`�(Y INS& 1NSUb
yJ oaro t'9 VQ o�aoryy 41
3 Fo M vc ao rFo yn � 3° TFo n1n
Y31912y0 0 1919 �, 1991
¢ u O d O
Y�j1 S'4ACHUS ,�D �� NAMPg� D Y �N°ANQ' D� By:I
* Fed Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
SECTION 00120
NON-COLLUSION AFFIDAVIT
| Gary A Loer of the city Sarasota
according tOlaw oDOly oath, and under penalty of perjury, depose and say that:
1. | am President
of the firm D.L. Porter
the proposer making the Proposal for the project d8SC[ibadiD{henoboeforu8||iOgfor
proposals for:
Public Degender 16th Judicial
and that | executed the said proposal with full authority todOso;
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. UO|eSe otherwise required by |@vv' 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 prDpOS8| Opening, directly or indirectly, to any Other pnJpOS8r or
0J 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 SVbn0it' Or not to SUbn0it' o pnOpUS8| for the purpose of
restricting competition; and
5. The ;�" are f[Ue and correct, and made with full
October 4 2022
/��i0na��eofPro��e�h Gary A. L��r, President /[}ot�)
` , �~ ' (Date)
STATE OF: FLORIDA
COUNTY OF: SARASOTA
Subscribed and sworn to (or affirmed) before me, by means of A physical presence or 0 online
notarization, on C (date)
by Gary A. Loer President (name ofafhanU. HOMispersonally
known tomeOK14NN)WN749094txxxxxzxxxxxxxxxxzxxxxxxxxoxxxxgypg x
NOTARY PUBLIC NOTARY PUBLIC KHn Dryden
STATE OF FLORIDA
NO*HH225611 My commission expires: February 24, 2023
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
D.L. Porter Constructors, 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,, r consideration paid to the former
County officer or employee".
,Ir"
(Signatur6 WGary"A. Lqer, President
Date: October 4, 2022
STATE OF: FLORIDA
COUNTY OF: SARASOTA
Subscribed and sworn to (or affirmed) before me, by means of KI physical presence or 0 online
notarization, on October 4, 2022 (date)
by Gary A. Loer, President (name of affiant). HehM is personally
known to me OQA=pY400QWXxxxxxxxxxxxxxxxxxxxxxxxxxxxx.)(V)Wuxvmkx"m
..........
VJIM 0RV6E—N NOTARY PUBLIC 'Kim Dryden
NOTARY PUBLIC
TATE OF FLOPJDA My commission expires: February 24, 2023
(SEAL-1 NO.HH225eii
--MY COMMISSION FXPIAF§Ell H g2F2
PROPOSAL FORM 00 120- Page 30 of 220
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
D.L. Porter Constructors, Inc.
(Name ofBusiness)
1 Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
poaseanion, or use of 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'haavvorkp|eoe. any available drug counseling, rehmbi|itotion, and employee
assistance proAname, 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 no|o
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. K4akao 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, | certify that thi 'co lies fully with the above
requirements.
~ /�mpoo�r��Signaturo Gary A. Loer, President
u' �
OctobeK4 2022
Date
STATE OF: FLORIDA
COUNTY OF: SARASOTA
Subscribed and sworn to (or affirmed)before me, by means of IN physical presence or 0 online
notarization, on October 4 2022 (date) by Gary A Loer, President (name ofofDant).
He/She is personally known to me XICIOmmUKXWD�
DRYDEN
STATE OF FLORIDA KinVDryden
NO.MM225611 NOTARY PUBLIC
My commission expires: February 24, 2023
(S4WCOMMISSION EXPIRES FEB.L4,2023
PROPC}GALF0RW4 0U12O-Page 31of220
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No.
OO4-2U15 and O25-2U15. must complete this form.
Name of Bidder/Responder D.L. Porter Constructors, Inc. Date: October 4 2023
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 forbids orproposals? 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 ofthe 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: 1805 Staples Ave Suite 103 Key West, FL 33040
Telephone Number:
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? Yes
|f 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 orproposal.
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)
Te|.Numbe
Addres
Print Name: Gary A. Loer, Preside t
Signature/(and Title 4f Authorized Signatory for
STATE OF: FLORIDA
COUNTY OF: SARASOTA
Subscribed and sworn to(or affirmed)before me, by means of N physical presence or El online
notarization. on Oclobey4 2022 (date)
by Gary A Loer, President (name of affiant). He/W(Xia personally known tome
mfgxx)qxmlt kNoaftwx
NOTARY PUBLIC �ZCt.a,--j
STATE OF FLORIDA NOTAI*PUBLIC Kim' yden
NO.MM225611
4,�&MkSSION EXPIRES FEB.24,12 U3 My commission expires: February 24, 2023
PROPOSALF(JRM O012U'Page 32of22O
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
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
entitv, may not submit m bid on 8 contract with a public entity for the COnntrUCtiVO or repair of
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
o contract with any public entity, and may not transact bUSiD8ea with any public entity in excess
of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list."
| have read the above and state that neither D.L. Porter Constructors, Inc.
(Proposer's nam ) nor any Affiliate has been placed 0O the convicted vendor list within the last
thirty-six (30)
(Si6natqe) Wry A. Loer, President
Date: Omtober4 2022
STATE OF: FLORIDA
COUNTY OF: SARASOTA
Subscribed and sworn to (or affirmed) before me, by means of X physical presence or M online
notarization, on October 4, 2022 (dote)
by Gary A Loer, President (name ofaffiant\. HeXMiapersonally
known tonne m
NOTARY PUBLIC OTARY PUBLIC Kirritryden
STATE OF FLORIDA
(SE y commission expires:
LM"OMMISSION EXPIRES FEB.24,2023
PR(]P(]8ALFC}F{M OO12U'Page 33of22O
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Description(s): Public Defender 16th Judicial Circuit- Key west Offices
Respondent Vendor Name: D.L. Porter Constructors, Inc.
VendorFBN: 65~0848440
Vendor's Authorized Representative Name and Title: Gary A. Loer, President
Address: 6574 Palmer Park Circle
city: Sarasota State: FL Zip: 3423
Phone Number Email Address:
.Section 287.135. Florida Statutes prohibits e company from bidding on, submitting a proposal for, or
entering into or renewing o 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 Stotutem, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits o company from bidding on, submitting a proposal for, or entering into o/renewing a contract for
goods or services of$1'OOO.0OO or more, that are on either the Scrutinized Companies with Activities in
Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to a. 215.473. Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, | hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees,and/or costs. I further understand that any contract with
the County may be terminotnd, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: Gary A. oer who is authorized
to sign on behalf of the above r416'ren d c, pany.
Authorized Signature:— v&w
Print Name: Gary A. Loer
Title:
Note: The List are available at the following Department of Management Services Site:
PRC}PC)SALF()RyW OO120'Page 34nf22U
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
Plumbing Gary's Plumbing&Rre,Inc. Gary Centonze (30,5)296-60,13 640,9 2nd Terrace,Unit One
Key West,FL 33040
Electrical Florida Keys Electrlc,Inc Raymond Vazquez (30,5)296-40,28 (305)296-9283 90,5 Overseas Highway
Key West,FL 33040
HVAC Island Mechanical&Contracting,LLC Michael Hamilton (305)587-1851 PO Box 1291
Tavernier,FL 330,70
Asphalt Affordable Asphalt,Inc. Mike Woods (305)853-1189 94411 Overseas Highway
Patching/ Tavernier,FL 330,70
Sealing
PROPOSAL FORM 00120-Page 35 of 220
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain
the required insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been suspended, except
for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
Certificate of Insurance or A Certified copy of the actual insurance policy.
However,the Contractor shall provide to County Project Management a valid Certificate of
Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies
and policies covering County-owned property with all endorsements, amendments,
exclusions and notice of changes to the policy.
On any and all Builder's Risk Insurance Policies and policies covering County-owned
property, the Monroe County Board of County Commissioners will be named as a named
insured, additional insured and loss payee.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 36 of 220
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PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
All insurance policies must specify that they are not subject to cancellation, DUD-K»nevva|. material
Ch8Dg8' or reduction in coverage unless minimum of thirty (30) days priornotific@tion is given
to the COUOtv by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
an "Additional Insured" 0n all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
CountypnuparadfornnantiUed ^'ReqmemtfmrWaiverof]msmranceReqmiremments,, ondappnmvad
by Monroe County Risk Management.
INSURANCE REQUIREMENTS AND FORMS O013O-Page 37of22O
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PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
PUBLIC DEFENDER 1@THJUDICIAL CIRCUIT—KEY WEST OFFICES
BETWEEN
80ONR0E COUNTY, FLORIDA
AND
0-L. Porter Constructors, Inc.
Prior to the CO[nDlnnnerDgnt of work gnV8[DOd by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond 1othe applicable state statutes
and the requirements of Florida Statutes, Ch8pter44U.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
%1'000.00O Bodily Injury byAocidant
$1'008'000 Bodily Injury by UiS8aee' policy limits
$1'OOO,OOO Bodily Injury bvDiaeose' eoohemp|Oyee
Coverage shall be maintained throughout the entire benn of the contract.
COYen309 eh8|| be provided by company Orcompanies authorized to transact bVSiDeSS in the
state of Florida.
|f the Contractor has been approved by the Florida's Department Cf Labor, aS8D authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to Submit 8 Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the COOt[8CtUr participates in e self-insurance fund, o Certificate of |DSUrGnC8 will be required.
In 8ddiU00' the Contractor may be required tm submit updated financial statements from the fund
upon request from the County.
INSURANCE REQUIREMENTS AND FORMS 00130'PaQe 30of220
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PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
PUBLIC DEFENDER16TH JkJD|ChALCDRCUUT—KEY WEST OFFICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. Porter Constructors, Inc.
Prior to the commencement of work governed by this contract,the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life nfthe contract and include,
as 8 minimum:
° Premises Operations
* Products and Completed Operations
� Blanket Contractual Liability
� PSrSODG| Injury Liability
The minimum limits acceptable shall be:
$1.000.O00 Combined Single Limit (with }{CUendorsement)
An C)CCUrr8nC8 Form policy is preferred. If coverage is provided on m Claims Made policy, its
provisions should include coverage for C|@irDn filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance Cf work bv the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130' Page 39of22D
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/
�
� PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR '
PUBLIC DEFENDER 16TH JUDICIAL CIRCWIT—KEY WEST OFFICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
D'L. Porter Constructors, Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, aho|| obtain Vehicle Liability Insurance. Coverage ahe|| be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
C)vvnad' Non-Owned, and Hired Vehicles
The DliDiOOUCO limits 8CCopd@b|o aheU be:
$1,OOO'U0O Combined Single Limit (CGL)
|f split limits are provided, the minimum limits acceptable shall be:
o $5OO'UOO per Person
u $1'0OO'U00 per Occurrence
o $1UO.UU0 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS OO130-Page 4Oof22Q
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
ASBESTOS ABATEMENT LIABILITY
INSURANCE REQUIREMENTS
FOR
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT— KEY WEST OFFICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. Porter Constructors, Inc.
Recognizing that the work governed by this contract involves the installation, removal,
transporting, or disposal of asbestos material, the Contractor will purchase and maintain
Asbestos Abatement Liability Insurance with limits no less than $2,000,000. If the policy is
structured on a "Claims Made Basis"the policy must contain a "Retroactive Date" of no later
than the commencement of work and will have an extended reporting period of four(4) years.
INSURANCE REQUIREMENTS AND FORMS 00 130- Page 41 of 220
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
LEAD ABATEMENT LIABILITY
INSURANCE REQUIREMENTS
FOR
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT—KEY WEST OFFICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. Porter Constructors, Inc.
Recognizing that the work governed by this contract involves the installation, removal,
transporting, or disposal of lead material, the one of the below options should be in place:
• Professional Liability Coverage (Must include coverage for lead base paint claims)
• Contractor Pollution Liability ("CPL") Coverage for Lead Hazard Control Work
• In-Place Lead Liability
INSURANCE REQUIREMENTS AND FORMS 00 130- Page 42 of 220
^
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Enop|oy8[S Liability $1.000.000 Bodily Injury by Accident
$1.0OO.U0O Bodily Injury bvDiSHaoe
Policy UnlitS
$1.UU00.00 Bodily Injury bv [}isea09'
each employee
General Liability, including $1,00'00Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
P8nGVO8| Injury Liability
XCUEDdOrS8m8nt
Vehicle Liability /Ovvned' non-ovvnod' and hired vehicles) $1.O0O,O0O Combined Single Limit
If split limits are preferred:
$5UO,0UO per Person
$1'OOO.O0U per Occurrence
$1O0.000 Property Damage
Lead Abatement Liability One of the following ShuV|d be in
Place:
° Professional Liability
Coverage (Must include
coverage for lead base paint
C|8irns\
w Contractor Pollution Liability
("CPL'`) Coverage for Lead
Hazard Control Work
* |O-P|8C8 Lead Liability
Asbestos Abatement Liability $2'000.800
Builder's Risk: Required Limits equal t0 the full replacement
value of the completed project
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida. The Contractor
Sh8|| provide o certified copy of the recorded payment and/or p8dbrnnonoa bond to the Owner
pursuant to Fla. Gt8t. Sec. 255.05.
INSURANCE REQUIREMENTS AND FORMS OO13U-Page 43of22O
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
Hold Harmless, Indemnification, and Defense. Notwithstanding any nnininnunn 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 @Q8|O3t /i\ any C|Gi[nS' 8Ct|ODs or causes of action, /ii\ any |itiQotion, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury (inS|uding
death), /oeo' damage, fine, penalty or business interruption, and /iii\ any costs or expenses that
may be 8SS8rtnd 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 ofits employees, agents,
contractors or other invitees during the t8[Dl of this Aora80eOt. (B) the negligence or
recklessness, imt0OtiOD@| vvnODgfU| DlisC0DdU[t' errors Or other wrongful ooi or onniSSiOD of
Contractor o[any ofits employees, ogente, sub-contractors or other invitees, or (C) Contractor's
default in respect of any of the obligations that it undertakes under the terms of this Agreement,
except to the extent the deinne, actions, ooVSeS Of action, litigation, proceedings, nOetG Or
expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of
its 8nnp|Oy8eS. agents, contractors Or invitees (other than Contractor). The monetary |innit8Unn Of
liability under this contract shall be not less than $1 million per occurrence pursuant[o Fla. Gt@L.
Sec. 725.08. Insofar aathe c|ainoa. actions, C8VSon of action, |itig8ti0D, proceedings, oOStS or
gxp8OSeG 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 vvOrh 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 neaU|1iDg from
such delay. GhOU|d 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 first ten dOU8rS /$10.00\ of rRrnUnerohoD paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
C0DtGiD8d elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
| understand the insurance that will be mandatory if awarded the contract and will comply in fU|!
with all of the requirements herein. | fully accept the indemnification and hold harmless and duty
tO defend 8S set out iD this proposal.
D.L. Porter Constructors, Inc.
PROPOSER Signature, Gary A. Loer, President
INSURANCE REQUIREMENTS AND FORMS OO13O-Page 44of22O
PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
600GL019200001 $5,000 Bodily Injury/Property Damage
CUPOT21990222NF $10,000 retention
IM205936414 $1,000 Equipment Deductible
Liability policies are X Occurrence Claims Made
MMA - Bouchard
Insurance Agency Signature
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 220
Client#: 705984 DL27
DATE(MM/DD/YYYY)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/04/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAME: Certificate Specialist
Marsh&McLennan Agency LLC PHONE 727 447-6481 FAX 727 449-1267
A/C,No Ext: (A/C,No):
Bouchard Region EMAIL : certificates@bouchardinsurance.com
1 N. Dale Mabry Hwy,Suite#450 INSURER(S)AFFORDING COVERAGE NAIC#
Tampa, FL 33609 INSURER A:Colony Insurance Company 39993
INSURED INSURER B:Travelers Excess&Surplus Lines Co. 29696
D L Porter Constructors, Inc. an mer Aisure Mutual Insurance Company 23396
6574 Palmer Park Circle INSURERC: P Y
INSURER D:Old Dominion Insurance Company 40231
Sarasota, FL 34238-2777
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 CONTRACTOR 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 INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY Y Y 600GLO19200001 01/01/2022 01/01/2023 EACH OCCURRENCE $1,000,000
CLAIMS-MADE "I OCCUR PREMISESOEa occurr0enc.) $100,000
X BI/PD Ded:5,000 MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
PRO-
POLICY 1 ECT I : LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
D AUTOMOBILE LIABILITY Y Y B1T3307V 01/01/2022 01/01/202 COEaMBINED ccident SINGLE LIMIT $1,000,000
a
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident $
B X UMBRELLA LIAB X OCCUR Y Y CUPOT21990222NF 01/01/2022 01101/2023 EACH OCCURRENCE $5 000 000
EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000
DED X RETENTION$10,000 $
`+ WORKERS COMPENSATION Y WC208074510 01/01/2022 01/01/202 X PER OTH-
AND EMPLOYERS'LIABILITY STAT TE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE�Y/N E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? r l N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
C Leased/Rented IM205936414 01/01/2022 01/01/2023 $600,000
Equipment
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
PROJECT: Public Defender 16th Judicial Circuit-Key West Offices
COMPLETTE CERTIFICATE HOLDER(S)&ADDITIONAL INSURED(S): Monroe County Board of County Commissioners and
any other entity as required by written contract or agreement and subject to the terms, conditions and
exclusions as specified in the policies.
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Monroe Count Board Of Count Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS.
Room 2-213
Key West, FL 33040-3110 AUTHORIZED REPRESENTATIVE
O 1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S11857026/M10658895 RCJTF
DESCRIPTIONS (Continued from Page 1)
Additional insured status with respect to General Liability,Auto Liability,and Umbrella Liability per the
attached form(s).
Waiver of subrogation applies with respect to General Liability,Auto Liability, Workers Compensation, and
Umbrella Liability per the attached form(s).
Coverage is primary as respects to General Liability,Automobile Liability, Umbrella Liability; and non
contributory as subject to the terms, conditions and exclusions of your policy.
Umbrella follows form.
Proprietors/Partners/Executive Officers/Members Excluded:
Gary Loer, President
SAGITTA 25.3(2016103) 2 of 2
#S11857026/M10658895
HE LEVANT EXPER I ENCE
MONROE COUNTY, F
PROJEC OWNER PHONE CONTRACT
131 Rancho Motel(Silver Palms) TeJas Inc.dba El Rancho Motel $ .5,749,668.33
830 Truman Ave. Tejas Soul (305)292-9596 Office
Key West,FL 33040 telnut2ftmaumm
803 Truman Ave.
Key West,FI, 33040
The Encore Condominiums TAD Development,LLC $ 3,563,08100
Frultville Road Daniel Solaz (914)794-5909 Office
Sarasota,FL 34236 dsolaz2fteartlillmnet (941)928-5109 Cell
178 Myrtle Blvd.
Larchinont,NY 10538
Florida Keys Community College The College of the Florida Keys $ 4,686,000.00
Physical Dev.Bldg&Pool Complex Doug Pryor (305)809-3184 Cell
5901 College Road or@fkcc.edii
Key West,Fl, 33040 5901 College Road
Key West,FL 33040
Monroe County Board of County
Florida Keys Marathon Ali-port- Commissioners $ 1,204,965.88
Rental Car Wash Facility Beth Leto (305)809-5239 Office
Ieto-beth(@monroecountv-fI.aov
5100 College Road
Key West,FL 33040
McFarland Johnson
2409 N Roosevelt Blvd,Suite 4
Key West,FL 33040
Florida Keys SPCA New Facility Florida Keys SPCA $ 6,060,946.56
5711 Colleve Road Jane Dawkins (305)294-4857 Office
Key West,Fl, 33040 Iane@fkspca.or_q
5230 College Road
Key West,FL 33040
Frederick Douglass Rec Center
Renovation City of Key West $ 2,440,143.40
111 Olivoa Street Terrence justice (305)809-3943 Office
Key West,Fl, 33040 Ijustio i; (305)304.4799 Cell
PO Box 1409
Key West,FL 33040
RELEVANT EXPERIENCE
MON QE COUNTY. FL
P-ROT13CT OWN13R PHONE CONTRACT
Monroe County Board ofCoouty
Quin Building Renovations Commho(moom $ 4`027,800.08
1110 Simonton Street 510O College Road
KeyWest,P1 33840 Key West,yL33O4U �
Bender&AsxodoiuxAvch|tavio [305)296-1347 08Acw
Bert Bender
bbenderftenderarchitectsx
41O Angela St.
Key West,yL33O40
D308ut*\ Casa Marina-113UObnonLS�LLC $ 9,440\218.77
2212 Simonton St Steve Wilson [301]881-7880
Key West,YL33040
6VUD Executive Blvd,Suite 7UO
DuolwA)e,MD2UOS2
Homestead Village 8SM/International $ 4`32E,800.00
756O State Road 84 Reed Robinson (918)582'8771
Davie,FL One West Third Street,Suite 1U0
Tulsa,OK741O3~35O5
Key Cove Housing Key Cove Construction,\nu $ 4'351,000.00
30%90.Roosevelt Blvd, 3U%9M.Roosevelt Blvd.
Key West,yL33040 Key West,0L3304O
Gonzalez Architects
Jose Gonzalez (305)455-4216 Office
(913)313'2910 Cell
140VVF[mtAvu,Suite 8O0
Miami,yL33132
Monroe County Board*fCounty
Key WeotA|cpo¢Customs Facility Commissioners $ 2,931,223.00
]eon(u|Annex Repairs Beth Leto (305)809-5239 Office
51D0 College Road
Key West,PL33O4D
McFarland Johnson
2409 0 Roosevelt Blvd,Suite 4
Key West,yL33O40
RELEVANT EXPERIENCE
M()NRQLI cou
PROJECT OWN13R PHONE CONTRACT
Monroe County Board of County
Key West Airport Departure Hall Reno Commissioners $ 1,896,219.91
Beth Leto (305)809-5239 Office
leto-beth@monroecounty-fl.go
5100 College Road
Key West,FL 33040
Jacobs
3750 NW 87th Ave.
Miami,FL 33178
Monroe County Board of County
Key WestAirport Storage Maintenance Commissioners $ 2,375,633.00
Facility Beth Leto (305)809-5239 Office
leto-betha.monroecountv-fl. o
5100 College Road
Key West,FL 33040
McFarland Johnson
2409 N Roosevelt Blvd,Suite 4
Key West,Fl, 33040
Key West Fire Station#2 City of Key West $ 6,326,649,29
616 Simonton Street Terrence Justice (305)809-3943 Office
Key West,FL 33040 1 ju s ti ce @ c Uo fteXwsA--fl,= (305)304-4799 Cell
PO Box 1409
Key West,FL 33040
Monroe County Board of County
KW Light Station Renovation Commissioners $ 757,767.90
938 Whitebead Street 5100 College Road
Key West,FL 33040 Key West,FL 33040
Bender&Associates Architects (305)296-1347 Office
Bert Bender
bbeiidei-@beiidei-at!cliitects,coiiI
410 Angela St.
Key West,FL 33040
KWHA Senior Citizens Concrete Repair Key West Housing Authority $ 7,041,206.00
1400 Kennedy Dr. Larry Keys (305)296-5621 Office
Key West,FL 33040 keyslftwha,org (305)731-0036 Cell
1400 Kennedy Dr.
Key West,FL 33040
RELEVANT EX_j!U,RjEN
MONROE COUNTY, r
PROJuC —OWNER PHONE CONTRACT
Mallory Wharf Reffirbisliment City of Key West $ 294,655.53
Terrance justice (305)809-3943
tIustIce@cityofkeWest-fI.go
PO Box 1409
Key West,FL 33041-1409
Mariners Cove Aprtments Heritage Consmiction Company $ 4,962,000.00
3330 Northside Dr. Jim Kincaid (321)799.4090 Office
Key West,FL 33040 5505 North Atlantic Avenue,Suite 115
Cocoa Beach,Fl, 32931
Mosquito Control Hangar Florida Keys Mosquito Control District $ 7,652,660.00
503 107tb St.Gulf Mike Spoto (305)292-7190 Office
Marathon, 33050 msVoto@keyswgsUWtQ,=
5224 College Road
Stock Island,FL 33040
Pirates Soul Museum/Rum Barrel Bar& Sunset Ventures $ 1,783,117.00
Restaurant Marc Cerceo (610)520-1890 Office
524-528 Front Street stretcli@ifeelgi.-eat,.com (215)429-5555 Cell
Key West,Fl, 33040 PO Box 520A
Villanova,PA 19085
Santa Marla Hotel Santa Maria Sales Office $13,635,465.45
1401 Simonton St. Ralph Sanchez (305)296-5678 Office
Key West,FL 33040 Mli sanchez@aoIxom (305)304-0090 Cell
1401 Simonton St,
Key West,FL 33040
Smathers Beach Bathroom City of Key West $ 662,194AS
2601 S Roosevelt Blvd Terrence justice (305)809-3943 Office
Key West,131, 33040 Jlustice car cIIYofi(QvwQ§t-jj m (305)304-4799 Cell
PO Box 1409
Key West,FL 33040
RELEVANT E
MONROE MNTY, F-L
PROJECT P-W N F R PHON13 CONTRACT
Southernmost an the Beach Southernmost Beach Motel,Ltd. $19,755,609.05
(Atlantic Shores) Dale Rands (248)321-5900 Office
Southernmost Gingerbread House 1319 Duval St, (240)762-5595 Cell
Key West,FL 33040
Southernmost Restrooni Renovations
SoutherniostPler
1319 Duval St
Key West,FL 33040
Staybridge Suites Savannah Hospitality Group,LLC $ 8,187,718.00
301 E Bay Street James Holt (904)359.0045 Office
Savannah,GA 31401 Isliftc lark sonfl,carn
3100 University Blvd.S,Suite200
Jacksonville,FL 32216
Truman Hotel Truman Hotel,Inc, $ 6,855,450.00
611 Truman Ave. William 0,Kemp,President (305)296-2588 Offlce
Key West,FL 33040 wIllJam@VIne wood,cgnSgjljng
Truman Waterfront Park Amphitheater City of Key West $ 3,547,199.26
21 East Quay Road Terrence justice (305)809-3943 Office
Key West,FL 33040 4justicC one cltyoffigyjMggL-G'= (305)304.4799 Cell
PO Box 1409
Key West,FL 33040
Truman Waterfront Mole Pier ECP City of Key West $ 3,664,721.00
21 East Quay Road Terrence justice (305)809-3943 Office
Key West,171, 33040 tjjusticeftcljyofk�-� (305)304.4799 Cell
PO Box 1409
Key West,FL 33040
Customer References
�
Name: Phone: '
Key West International Airport 3491 South Roosevelt Blvd. (305)00-5230
ATTW: Beth Leto Key West, FL33U40
Key West International Airport 34B1 South Roosevelt Blvd. (305)797-2006
ATTN: Tyler Bethel Key West,FL 33040
City of Key West P.O. Box 14O9 (305)809-3963
ATTN:Karen VV||mmn Key West, FL 33040
B Rancho Motel 83O Truman Ave /305>304-8140
/QTN: TejomSou| Key West,FL 33040
William P. Horn,Architect 915 Eaton Street /305\296-8302
/TTM: William Horn Key West, FL 33040
Credit References
Name: Phone:
Bella Construction o[Key West, Inc 3S Diamond Drive /305\292'9888
ATTN: Eddie Braswell Key West, FL 33040
Nemrohone Electric, Inc. 56801"Avenue (305)294-2991
/QTN:Diana Kirk Key West, FL 33040
Charley Topp|Uu&Sons, Inc. P.U. Box 787 /306\286-5606
ATTN; R|mhardTnpp|no Key West, FL 33040
DAB Mechanical,Inc. 1717SVV1m Way,Suite 27 (954)480-2690
ATTN: Dale Block Deerfield Beach, FL33441
2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT#P98000042047 Mar 08, 2022
Entity Name: D. L. PORTER CONSTRUCTORS, INC. Secretary of State
Current Principal Place of Business: 7177395264CC
6574 PALMER PARK CIR
SARASOTA, FL 34238
Current Mailing Address:
6574 PALMER PARK CIR
SARASOTA, FL 34238
FEI Number: 65-0848440 Certificate of Status Desired: Yes
Name and Address of Current Registered Agent:
LOER,GARY ALAN
6574 PALMER PARK CIRCLE
SARASOTA,FL 34238 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida.
SIGNATURE: GARY ALOER 03/08/2022
Electronic Signature of Registered Agent Date
Off icer/Director Detail :
Title PRESIDENT Title SECRETARY
Name LOER,GARY A Name CASTAGNA,COLEEN A
Address 6574 PALMER PARK CIR Address 6574 PALMER PARK CIR
City-State-Zip: SARASOTA FL 34238 City-State-Zip: SARASOTA FL 34238
1 hereby certify that the Information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as Afmade under
oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears
above,or on an attachment with all other like empowered.
SIGNATURE:COLEEN CASTAGNA CORP SECRETARY 03/08/2022
Electronic Signature of Signing Off icer/Director Detail Date
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State of Florida
Department of State
I certify from the records of this office that D. L. PORTER CONSTRUCTORS,
INC. is a corporation organized under the laws of the State of Florida, filed on
May 7, 1998, effective May 5, 1998.
The document number of this corporation is P98000042047.
I further certify that said corporation has paid all fees due this office through
December 31, 2022, that its most recent annual report/uniform business report
was filed on March 8, 2022, and that its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Given under my hand and the
Great Seat of the State of Florida
at Tallahassee, the Capital, this
the Eleventh day ofAugust, 2022
Secretaly of ante
Tracking Number:4805788597CU
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
2022 / 2023
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2023
RECEIPT# 30140-60602
Business Name: D L PORTER CONSTRUCTORS INC
Owner Name: GARY A LOER Business Location: 1805 STAPLES AVE 103KEY WEST, FL 33040
Mailing Address:
6574 PALMER PARK CIR Business Phone: 941-929-9400
SARASOTA, FL 34238 Business Type: CONTRACTOR(CERTIFIED GENERAL)
Employees 20
STATE LICENSE: CGCA51066
Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years Collection Cost I Total Paid_�
50.001 0.001 .50.00 1 0,00 1 0.00 1 0.001 50.00
Paid 102-21 -00002222 07/15/202 2 50.00
THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY
PLANNING, ZONING AND
LICENSING
REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2023
Business Name: D L PORTER CONSTRUCTORS INC RECEIPT# 30140-60602
1805 STAPLES AVE 103
Business Location: KEY WEST, FL 33040
Owner Name: GARY A LOER
Mailing Address: Business Phone: 941-929-9400
6574 PALMER PARK CIR Business Type: CONTRACTOR (CERTIFIED GENERAL)
SARASOTA, FL 34238
Employees 20
STATE LICENSE: CGCA51066
Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years Collection Cost Total Paid
50.00 50.001 0.001 50.00 1 0.00 1 0.00 1 0.00 1 iEt�
Paid 102-21-00002222 07/15/2 02 2 50.00
|
/
2021 / 2022
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30L 2022
RECBPT# sO14O-6O6Oz
Business Name: oL PORTER CONSTRUCTORS INC
z8O5 STAPLES AVE 1O3
Owner Name: GARYA LOEn Business� ' KEY WEST, FL 33040
Mailing Address:
6S74 PALMER PARK(2R Business Phone: 941-929-9*00
sAnAs0Tx FL 34238 Business Type: CONTRACTOR(CERTIFIED GENERAL)
Employees 20
STATE LICENSE: CGCxs1068
Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years Collection Cost ITotal PLid_
Paid 000-20-00032213 07/07/2021 50~00
THIS BECOMES AT/0< RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY ATAX.
WHEN VALIDATED PO Box 1129^ Key West, FL 33041 YOU MUST MEET ALL
COUNTYAND/OA
MUNICIPALITY
PLANNING, ZONING AND
LICENSING
REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES BEPTEMBER ]O, 2U22
Business Name: mL PORTER CONSTRUCTORS INC RECElPT# 301*0-60802
18os STAPLES AVE 1n3
Business Location: KEY WEST, rL 33040
Owner Name: sxnYx uoEm
Mailing Address: Business Phone: 941-929-9400
0S74 PALMER PARK CIR Business Type: CONTRACTOR(CERTIFIED GENERAL)
sAKAsVTA, pL 34238
Employees zV
STATE LICENSE: CGcA51066
Tax Amount I Transfer Fee I Sub-Total Penalty I Prior Years lCollection Cost ITotal P
Paid 000-20-00032213 07/07/2021 50 .00
WEST,CITY OF KEY
FLORIDA
Business Tax Receipt
This Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305) 809-3955
Business Name D L PORTER CONSTRUCTORS INC
Location Addr 1805 STAPLES AVE 103
Lic NBR/Class LIC2019- CONTRACTOR DBPR STATE CERTIFIED
000387
Issued Date 9/15/2022 Expiration Date: September 30,2023
GENERAL CONTRACTOR
Comments:
Restrictions: CGCA51066 (08/31/24) SEE AEC-2196
D L PORTER CONSTRUCTORS INC This document must be prominently displayed.
C/O GARY LOER
6574 PALMER PARK CIRCLE GARY LOER
SARASOTA , FL 33040
RECEIVED
DI, Poger(Ilm stcuctor , trjc,
CITY OF KEY WEST, FLORIDA
Business Tax Receipt
This Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305) 809-3955
Business Name D L PORTER CONSTRUCTORS INC
Location Addr 1805 STAPLES AVE 103
Lic NBR/Class LIC2019- CONTRACTOR DBPR STATE CERTIFIED
000387
Issued Date 7/29/2021 Expiration bate: September 30,2022
GENERAL CONTRACTOR
Comments:
Restrictions: CGCA51066 (08/31/22) SEE AEC-2196
D L PORTER CONSTRUCTORS INC This-document must be prominently displayed.
C/O GARY LOER
6574 PALMER PARK CIRCLE GARY LOER
SARASOTA, FL 33040