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#10/19/2022 Agreement
Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: November 1, 2022 TO: Call, Kii1glit, Director Project Mariagement Bremirie Erickson, Contract/Budget Administrator Project Management Stan 'I'lionipsori, Contract A(Iiiiiiiistrator Project Mariageiiierit FROM: Paiiiela G'. Hancokic. SUBJECT: October 19" BOCC Meefirig Attaclie(l is all electronic copy of the I'011owirig item I'Oryour Ilaii(Ililig: N'l I Agreement Witli D.L. Porter Constructors, Inc., die lowest responsible responsive 1)1(1(lcr, in (lie aillourit of$2,936,539.00 for the bull(lout ot'dic Public Defender's Office on Siiiioiitoii Street in Key NA'est. Tills will be funded by bilrastructure Sales Tax. Should you have any questions please feel Ircc to contact iiie at (305) 292-3550. cc: Comity Attonicy Firimice File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 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. Page 1 of 19 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. Page 2 of 19 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 Page 3 of 19 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. Page 4 of 19 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. Page 5 of 19 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 Page 6 of 19 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, Page 7 of 19 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. Page 8 of 19 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 Page 9 of 19 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 Page 10 of 19 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 y the Contractor must be by a person with authorityto bind the entity. F THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS A adok, Clerk OF MONROE COUNTY, FLORIDA r < r ?p y CCerk _ Mayo hairrrlan Date . ....r ..... COwrI nesses Attest, CONTRACTOR: D.L PORTER CONSTRUCTORS, INC. Contractor must provide two witnesses � _..... signatures m° S n tureen Signature: Itnt US A Print Na e Date: t Date°_ and MONROE COUNTY ATTO N 'S OFFICE Signature: l Tit°CiAM PATRICIA Print IVerne.,� ��� �ASSIS osNEv EABLES DATE: STATE F �" w , n this � day of „, , , before me, the undersignedofu lisp . tX means of physical presence or 0 online, personally eOpeared (name of afflant) known to me to be the personwh6so name — Is suscrii above or ho produceds Identification, nackqpw" fedged that he/she Is the person who executed the above contract with Monroe County fur PUBLIC " DEFENDER 16TH JUDICIAL CIRCUIT — KEY WEST OFFICES for the purposes therein contained, ,,,,,,, NNM CR YDEN Notary Pubil NOTARY PUBLIC as z If STATE OF PLORIDA Print NO.HH225611 y commission a jpl ° t,, t ( ea MY CO MISSI® EXPlfi FE'S.2 2 End of Section Page 18 of 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 PROPOSALSMONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PUBLICFOR 16 TH JUDICIAL CI UI Y 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 PROPOSAL FORM 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 8. Vendor Certification Regarding Scrutinized Companies List 9. Subcontractor Listing Form 10. Insurance Requirements and Policy and Procedures 11. Workers Compensation and Employers' Liability 12. General Liability 13.Vehicle Liability 14. Proposer's Insurance and Indemnification Statement 15. Insurance Agent's Statement 16. Contractor License: A Current Copy to be submitted with Proposal. Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. INFORMATION REQUIRED TO BE PROVIDED 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. Gary A. Loer, President 100% Gary A. Loer, President B. A list of the officers and directors of the entity. Coleen Castagna Corp Secretary PROPOSAL FORM 00120-Page 22 of 220 PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES C. Relevant Experience:The number of years the person or entity has been operating and, if different, the number of years it has been providing the 68[VC8, gU8da' or construction services called for in the proposal specifications (include 8 list of similar p 'ecte\.D'L. PorterConstructonm, Umc' -24 years See attached List of Projects D. The number of years the person U 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 questions regarding claims and suits: 1\ Has the person or entity ever failed to complete work 0r provide the goods for which it has contracted? /|f yes, provide details of the job, including where the job was located and the name of the uvvner.\ YES NO 2\ Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the perSon, principal of the entity, or andtv' or its officers, directors,or general partners(this specifically includes any present or prior entities in which the paraOn, principal, entity, cffmar' director Or general partner of the proposing entity has been involved as e pereon, principal, entity, officer, director or general partner in the |oet five /5\ years)? (if yes, provide details, include enough information about the judgment, C|@inl, arbitration or Suit Sn that the Owner will 8b|6 to obtain o copy of the judgment or claim or |noote the suit by |OC8ti0D and 000g number.) �� �� YES N(J �� �� 3\ Has the person, phD{jp8| of the entity, 8nUtv' or its officers, major shareholders or directors within the last five (5)years, been o party tDany law suits Or arbitrations with PGg@nd to o contract for oarv|oag' goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, Offioer^ director or general partner of the proposing entity has been involved as G person, principal, enUb/' officer, director or general partner in the |8St five (5) years. (If yes, provide dotoi|n. include enough information about the 'VdgnlGDt, C|8iDl, arbitration or suit so that the Owner will able to obtain 8 copy Of the judgment Or claim or locate the suit by location and case nunnber.\ �� YES N[} L� � 4) Has the p8[snD' principal of the Ontbv. or its Offi0nna, ovvnarS, partners, major shareholders or directors, ever initiated litigation against Monroe County PRC)PC)GALF{}RN1 0O12O-Page 28uf22O PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES provide services, goods or construction services?This specifically includes any present 0r prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director Or general partner. (If yes, provide details, include enough information about the judgment, o|oinl' 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 numnber.) �� YES NO �� �1*1 5\ Whether, within the |8St DV8 (5) y8e[S. the (]vvner' an officer, general partner, controlling shareholder 0r major nreditorofthepureVnurentitvvvaS an officer, general partner, controlling shareholder or major cnad/torofany 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 bo thoroughly consider the matter.) NC} �� YES LJ �� � � G\ Customer references (minimum of three), including name, current address and current t8|HphOD8 OUD1b8r. Credit References (minimum of three), including name, current address and current telephone nunnbor.°^°See attached 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 .. yy\»«financial statement that 8n agency requires a prospective bidder t8 submit in order to prequalify for bidding or for responding to a bid for a road ur any other public works project|aeXemptfroDnF.S. 119.O7(1)and G.24/8\. Art. 1 of the State Constitution.") Hovvever, any financial information the Contractor includes in the proposal pachet, which is not marked as "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. PFlOPO8ALFC>RPW 0O12O' Page 24of22Q � PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES SECTION 00120 PROPOSALFORM PROPORALTD: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SU80ONTONSl[REET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: D.L' Porter Constructors, Inc. 6574 Palmer Park Circle The VDde[signed, 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 CURCUUT _ 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 COGt thereof, and having t@noiUo[ized hirnau|f/hgnne|fvvith material availability, Fndo:s|. State, and L0C8| |8wo' ond|nano88, rules and regulations affecting performance of the VVork, does hereby propose to furnish all |abor, nnechanine, eupmhntnndonte, tno|a, nnabaria|, oquipnnent, transportation anrvioea, and all incidentals DSC8SS8[y to perform and oonlp|md8 said Work and work incidental hereto, in o workman-like nO8ODe[' in conformance with said DrevvinQS. 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 iatobaperformed. 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 COU|d bg reasonably anticipated by reference t0 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 im words shall cmmtmm|' Two Million Nine Hundred Thirty-Six Thousand Fi Hundred Thirt Ni Dollars &Zero Cents (Total Base Proposal-words) [}o||ara (Total Base Proposal— numbers) | acknowledge Alternates ae follows: N/A PR[>p{}SALF{)RyW OO12O'Page 25of22Q 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 00 120-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 signed by Cary Cary Knight Date:2022 08.221 D 32night Cary Knight Director,Project Management Department 1 REQUEST FOR PROPOSALS PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT—KEY WEST OFFICES MONROE COUNTY,FLORIDA RFP-462-0-202211a ADDENDUM NO.2 August 2S,2©22 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. Di,itally signed by Cary Knight pate: a:2022.08.260 4907n�ght 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 4/C200. Question 4: Please provide details of slab over existing asphalt at Bldg. 5.Prep work on asphalt for bond? ANSWER 4: See Sheet S 1.1. 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 signage 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 Cary Kn i g(, t Knight t.. [[ 1) Date:2022.09.23 10:12:46-04`00' Cary Knight Director,Project Management Department 2 PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1. Proposal Form X 2. Proposal Security(Bid Bond) X 3. Non-Collusion Affidavit X 4. Lobbying and Conflict of Interest Clause X 5. Drug-Free Workplace Form X 6. Local Preference Form and requirements (if applicable) X 7. Public Entity Crime Statement X 8. Vendor Certification Regarding Scrutinized Companies Lists X 9. Subcontractor List Form X 10. Proposer's Insurance and Indemnification Statement X 11. Insurance Agents Statement (signed by agent) X 12. Answered Required Questions X 13. Provided three (3) Customer References and three (3) Credit References X Provided three (3)years of Financial Statements in separate email marked X 14. "CONFIDENTIAL" 15. Certified copy of Valid Florida Contractor's License X 16. Current Monroe County Occupational License X Business Name: D.L. Porter Constructors, Inc. DBA: same Business EIN # 65-0848440 Business Mailing Address: 6574 Palmer Park Circle Address: 6574 Palmer Park Circle City, State,Zip Sarasota, FL 34238 City,State,Zip Sarasota, FL 34238 Phone: (941) 929-9400 Local Phone: (305) 293-2931 The physical business address must be registered a ' s princip t" lace of business with the Florida Department of State for at least one(1)year prior t t e notice f°request for bid or proposal. Date: October 4, 2022 Signed: Printed: Gary A. oer Title: President Witness: (, Colleen Castagna, N Corporate ecre ary PROPOSAL FORM 00120-Page 27 of 220 PUBLIC DEFENDER 16TH JUDICIAL1OFFICES ID (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 as ress or legal title ofOwner) 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. ` rincipal) (Sea;) (Witness) Libe Mutual Insurance Corn any Mness V/i is .. (Surety) (Seal) ( - ) "' antiago k rwm � (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 The Ohio Casualty Insurance Company Certificate No: 8206489-986614 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, Holli 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 P1'INSJJ pyt`f INS&,p a INsU� The Ohio Casualty Insurance Company aJ GORPO+aTF�� hJ ooRPO °o¢PORar�y� West American Insurance Company 3 o cn ui � , 1912y0 c 1919 0 7 1991 0 ti w o a j vi E Q} Yd�sSACHUS ,lyD SO NAMPS�*,dad YS fNDJAIL By: N State of PENNSYLVANIA David M.Carey,Assistant Secretary m :County of MONTGOMERY ss o E oOn 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 U L 15 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 a)� therein contained by signing on behalf of the corporations by himself as a duly authorized officer. s — 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. 5 c� to r, nAs� 00.0 O -'= �hi�oi�t-`y Commonwealth of Pennsylvania-Notary Seal N "` 'q�! Teresa Pastella,Notary Public B �%�L ,q N Montgomery County '(..�U N.�_/. 6 a) OF r My commission expires March 28,2025 y• E E 'tom �.er Commission number 1126044 N.• S y� Of C Member,Pennsylvania Association of Notaries Teresa Pastella,Notary Public Q O y V o c> (3v 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°0r° 0•S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ao M ARTICLE IV—OFFICERS:Section 12.Power of Attorney. 00 o to 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 0 President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m(D 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-as ohave 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 a) Z v 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 attorney-in-fact under the 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. o ILL a 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. 1,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 INSU XIl INS& 1Nsub �JQGORPo2q�y 0 JI °Raogq Py VPa°PPo1A 1 1912 ay1919� 0 a 1991 0 CHUS .dD SO �NDIAW' b� By: r Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02f21 PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES SECTION 00120 NON-COLLUSION AFFIDAVIT | Gary A. Loer of the cit Sarasota according to law on my oath, and und er penalty of perjury, depose and say that: �. | am President of the firm of— the proposer making the Proposal for the project deacribedinth9DOtiC8fo[oo||inQfVr proposals for: Public Degender 10th Judicial Circuit Key West Offices and that | executed the said pnOpOG8| with full authority to do no; 2. The pFiC8S in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting cornp8Ution, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by |8vV, the prices which have been quoted in this pnop0ao| have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to pn]p0no| opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been mode or will be made by the proposer to iOdUoa any other person, partnership or corporation to SuUnn|t or not to submit, 8 proposal for the purpose of restricting competition; and 5. The t are true and correct, and [node with full project- October 4 2022 /8i0naƒ�� of0ru�^aeh ���r���' L��'. Pr��Ydm�t (Date) ` ` �~ ' ` ' STATE OF: FLORIDA COUNTY OF: SARASOTA Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or El online notarization, on Cctober 4, 2022 (date) by Gary A. Loer President (name ofaffiont). HeMiopersonally known tomme76Kl4XN»W?&?Axggg pof XKKX ������ NOTARY PUBLIC NOTARY PUBLIC Khn Dryden STATE OF FLORIDA MISSION EXPIRES FEB.L4,-Mal PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 00-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " D,L. Porter Constructors, Inc. It (C000p8Dy) " warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer oremployee in violation of Section 2 of Ordinance No. 010'1880 or any County officer oremployee 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' CD00isSiVD' percentage, gift consideration id to the former County officer V[e0p|oye8". Date: STATE OF: FLORIDA COUNTY OF: SARASOTA Subscribed and sworn to (or affirmed) before me, by means of 91 physical presence or 0 online notarization, on October 4 2022 (date) by Gary A Loer, President (name ofaffianU. HeXMispersonally known to nno&VAM kiwRif katibm PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES DRUG-FREE WORKPLACE FORM The undersigned vendorinoocordancewithF|ohdeStabutm287.OD7henabyoertifiuothat: D'L' Porter Constructors, Inc. (Name ofBusiness) 1 Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, 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-free workplace, any available drug counoa|ing, rehubi|itution, and employee assistance prognsmo, 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 o 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. G. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, | certify that thi ,,co ies fully with the above requirements. ~ ��ropoeer��Signatura Gary A. Loer, KxresidenK �. � October 4 2022 Date STATE OF: FLORIDA COUNTY OF: SARASOTA Subscribed and sworn to (or affirmed)before me, by means of~~�� physical presence orUonline notarization, onOctober 4, 2022 (date) by Gary A. Loer, President (name ofaffiant). Ho/She is personally known to me xitikmxwj" NOTARY PUBLIC STATE OF FLORIDA KinVDryden NO.HM2MI I NOTARY PUBLIC My commission expires: February 24, 2023 (S::I%WC0MlVIl8SI0N EXPIRES FEB.24,2023 PR[}POSAILFORM O012O' Page 31of22U 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. 004-2015 and 025-2015, 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 or proposals? Yes (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Yes (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bid or proposal.) List Address: 1805 Staples Ave., Suite 103, Key West, FL 33040 Telephone Number: (305) 293-2931 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 If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1)year prior to the notice or request for bid or proposal. 2.Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bids or proposals) Tel.Number Addres Print Name: Gary A. Loer, President Signature and Title f Authorized Signatory for Bidder/Responder STATE OF: FLORIDA COUNTY OF: SARASOTA Subscribed and sworn to(or affirmed) before me, by means of® physical presence or❑ online notarization, on October 4, 2022 (date) by Gary A. Loer, President (name of affiant). HeW(Xis personally known to me ontxxopmltKou&xxxxxxxxxxxxxxxxxxxxxxxxxx-*WmomotKwkxkm000cwxxk5ooftxx KIM DRYDEN NOTARY PUBLIC STATE OF FLORIDA NOTA PUBLIC Kim'Dryden NO.NH225611 4)S& kSS10N EXPIRES FEB,24,2023 My commission expires: February 24, 2023 PROPOSAL FORM 00120-Page 32 of 220 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 8 bid One contract to provide any goods or services tompublic enL|tv, may not submit m bid on a contract with G public entity for the construction or repair of pub/in building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017. Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." | have read the above and state that neither D.L. Porter Constructors, Inc. (P |ooedon the convicted vendor list vvithinthe last thirty-six(3O\ Date: Oclober4 2022 STATE OF: FLORIDA ' COUNTY OF: SARASOTA Subscribed and sworn to (or affirmed) before me, by means of IX physical presence or El online notarization, on O (doio) by Gary A Loer, President (name ofoffianU. HeXMispersonally known to rneomdmm NOTARY PUBLIC NOTARYPUBLIC Kim"bryden STATE OF FLORIDA /GE yoomnniooion expires: February COMMISSION EXPIRES FE2,24,2023 PRC>P0S/\LFORK4 0U12O-Page 33of220 PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LUSTS Description(s): Public Defender 16th Judicial Circuit- Key west Offices Respondent Vendor Name: D.L. Porter Constructors, Inc. VendorFE|N: 65-0848440 Vendor's Authorized Representative Name and Title: Gary A. Loer, President Address: 6574 Palmer Park Circle city: Sarasota State: FL zip: 34238 Phone Number EmaUAddrooa: .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing m contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725. Florida Statutes, or is engaged in a Boycott of Israel. Section 287135, Florida Statutes, also prohibits e company from bidding on, submitting a proposal for, or entering into or renewing e contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan Lint or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to a. 215473, Florida Sbduteo, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf ofRespondent, | 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, o0ornay'o fees, and/or costs. |further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been p|ooad on the Scrutinized Companies that Boycott |ao*a| List nrengaged in e boycott of|orua| 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 rq,#rencpd co'pany. Authorized Signature:_ Print Name: Gary A. Loer 7 Title: President Note:The List are available at the following Department of Management Services Site: PR[)P{}8ALFOF{[W OO12U'Page 34of22O PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address Pliumbing Gary's IPlluummmbiing&Fire,IInc. Gary Centorze (305)296-6U13 64{)9 2nd Terrace,lUnit One Key West,FL 33040 Ellectricall INoriida Keys Electric,IInc. Raymond VazqFjez (305)296-4028 �305)296-9283 905 Overseas Highway Key West,FL 3304G IHVAC IIslland IMechanicall&Contracting,LLC IMic:haell Hamilton (305)587-1851 IPO Box 1291 Tavernier,FL 33070 Asphalt Affordablip Asphalit,IInc. IMike Woods (305)853-1189 94411 Overseas IFHiigkvay Patching/ Tavernier,FL 33079 Sealling PROPOSAL FORM 00 120-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 720 � � � � PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES All insurance policies must specify that they are not subject to cancellation, non-nmnoYY8|' material change, cv reduction in coverage unless 8 minimum of thirty (30) days priornotification iogiven to the County bx 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 as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the Countvpm»ponedformmnUt|ed "ReqmemtforWalrmrmfUnmmmmoceRequ]nmmnem%s°^ mndoppnwvad by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130-Page 37 of 220 � PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR PUBLIC DEFENDER16TH JUDICIAL CIRCUIT—KEY WEST OFFICES BETWEEN DNONROECOUNTY, FLORIDA � AND D.L. Porter Constructors, Inc. Prior to the commencement of work governed by this CODt[ont' the Contractor eh8|| obtain Workers' Compensation Insurance with limits sufficient to n8G90nd to the @pp|iC8b|S state statutes and the requirements of Florida Statutes, Chopter440. In addition, the Contractor shall obtain Ernp|Uyona' Liability Insurance with limits nf not less than: $1'UO0,OOO Bodily Injury bv/\ooidont $1'000.000 Bodily Injury by Disease, policy limits $1'DUO'DOU Bodily Injury bxDioaane' eooh8nop|oyee Coverage shall b9 maintained throughout the entire term uf the contract. Coverage shall be provided by a company orcompanies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a 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 Contractor participates in 8 self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. � � � � PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES GENERAL LIABILITY INSURANCE REQUIREMENTS FOR PUBLIC DEFENDER 16THJUDICIAL CIRCUIT— 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 of the contract and include, as o minimum: � Premises Operations ~ Products and Completed Operations w Blanket Contractual Liability w Personal Injury Liability The minimum limits acceptable shall be: $1^O0O,UUU Combined Single Limit (with}{CUendorsement) An Occurrence Form policy ispreferred. |f coverage iG provided ono Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which dainoe may be reported GhUU|d extend for o minimum of twelve (1Z) months following the acceptance of work by 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 0O13O- Page 39nf220 PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT - KEY WEST OFFICES � � VEHICLE LIABILITY � INSURANCE REQUIREMENTS � FOR ^ PUBLIC DEFENDER 16TH JUDICIAL CURCWUT—KEY WEST OFFICES BETWEEN 88ONR0E 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 C0[nnlononnnant of work, ehs|| obtain Vehicle Liability Insurance. Coverage 8hG|| be maintained throughout the life of the ooDtnoot and include, as o minimum, liability coverage for: {}vvn9d^ Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000.000 Combined 8iO0|R Limit (C8L) If split limits are provided, the minimum limits 8CCeot8h|o ohoU be: o $500,000 per Person o $1,000'000 per Occurrence o $100'000 Property []onnaQm The Monroe County Board of County Commissioners shall be named as Additional Insured on all pu|ioimo issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00 130-Page 40 of 220 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 PR0POSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1.UU0.0UO Bodily Injury bv/\noident $1,O0U'0O0 Bodily Injury bvDiseao8 Policy Limits $1'OOOO'UO Bodily Injury bvDis8oae' each employee General Liability, including $1.00.00Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability XCUEndoreament Voh|da Liability (Owned, non-owned, and hired vehicles) $1'000'000ConnbiOud Single Limit If split limits are preferred: $5OO'OOO per Person $1.00O.00O per Occurrence $1OO,0O0 Property Damage Lead Abatement Liability One Of the following should bSiD Place: • Professional Liability Coverage coverage for lead base paint claims) w Contractor Pollution Liability /"CPL^\ Coverage for Lead Hazard Control Work * In-Place Lead Liability Asbestos Abatement Liability $2'000.000 Builder's Risk: Required Limits 9qU@| 03 the full nap|eoennent value of the C0rnp|8t8d 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 shall provide a certified copy of the recorded payment and/or performance bond to the C)vvnar pursuant to Fla. Stat. Sec. 255.05. INSURANCE REQUIREMENTS AND FORMS OO13O-Page 43of22D PUBLIC DEFENDER 16TH JUDICIAL CIRCUIT ® KEY WEST OFFICES 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 first ten dollars ($10.00) of remuneration 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 contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. D.L. Porter Constructors Inc. ° PROPOSER Signature' Gary A. Lloer, President INSURANCE REQUIREMENTS AND FORMS 00130-Page 44 of 220 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 C u� Insurance Agency Signature End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 220 HELEVANTLEXPERTEM 4, MONROE COUNTY, ELL PROIEC OWN13R PHON13 CONTRACT 131 Rancho Mote)(Silver Palms) Tejas Inc.dba El Rancho Motel $ 5,749,668.33 830 Truman Ave. Tejas Soni (305)292-9596 Office Key West,FL 33040 Inall.com 803 Truman Ave. Key West,Fl. 33040 The Encore Condominiums TAD Development,LLC $ 3,563,082,00 Frultville Road Daniel Solaz (914)794-5909 Office Sarasota,FL 34236 dsolazZOearthlin.net (941)920-5109 Coll 178 Myrtle Blvd, Larchmont,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 daugk",=@Ltcc edu Key West,FL 33040 5901 College Road Key West,Fl. 33040 Monroe County Board of County Florida Keys Marathon Airport- Commissioners $ 1,204,965,88 Rental Car Wish Facility Beth Leto (305)809-5239 Office leto-bethAmonroecounty-fl.gov 5100 College Road Key West,Fl, 33040 McFarland Johnson 2409 N Roosevelt Blvd,Suite 4 Key West,Fl. 33040 Florida Keys SPCA Now Facility Florida Keys SPCA $ 6,060,946.56 5711 Colleve Road Jane Dawkins (309)294-4857 Office Key West,FL 33040 laneWkspea.org 5230 College Road Key West,FL 33040 Frederick Douglass Rec Center Renovation City of Key West $ 2,440,143.40 Ill Olivoa Street Terrence justice (305)809-3943 Office Key West,Fl, 33040 U U s ti m@XiV-Q&e3WS a--fl= (305)304.4799 Cell PO Box 1409 Key West,Fl, 33040 RELEVANT EXPERILME MONROE COUNTY, EL pROIrsm, OWNER. PHON13 CONTRACT Monroe County Board oyCounty Catu Building Renovations Commimdoumm $ 4,027,200.00 1110 Simonton Street 510O College Road Key West,PL 33040 Key West,Fl33O4U / Bender&AoodutomArchitects (385)296'1347 Office Bert Bender 41U Angela St. Key West,yL33U4U 820Do(e| Casa 04adxu'113OShnonLS�[LC $ 9,440,318.77 1%13 Simonton St. Steve Wilson (301)881'7800 Key West,yL33040 60UO Executive Dlvd,Suite 700 Rockville,MD %O85% Homestead Village BSYVInternational $ 4,325,000.00 756O State Road B4 Reed Robinson (918)582'8771 Dove,FL One West Third Street,Suite 100 Tulsa,DK74183-35U5 Key Cove Housing Key Cove Construction,Inc, $ 4,251,000.00 8O29N.Roosevelt Blvd, 3U390.Roosevelt Blvd. Key West,yL3304U Key West,yL3304O Qoozu\exAro}dtects Jose Gonzalez (305)455'4216 Office (912)313-2910 Cell 14NW/First Ave,Suite 909 08iaml,FL3313% Monroe County Board o[County Key WeotA(qpurt Customs Facility Couum(uduxorx ' $ 2,931,223.00 Tenn(o|Annex Repairs Beth Leto (305)809'5239 O/Aoo 51OU College Road Key West,FL33O40 Mcpxdund}uhnonn 24U90 Roosevelt Blvd,Suite A Key West,FL33040 RELEVANT EXPERIENCE 91 r ONROE COUNTY,F o t0 ECT OWN13R PHONE CONTRACT Monroe County Board of County Key WestAirport Departure Hall Reno Commissioners $ 1,896,219.91 Beth Leto (305)809-5239 Office leto-beth(Mmonroecount�fi.gov 5100 College Road Key West,FL 33040 Jacobs 3750 NW 87th Ave. Miaml,FL 33176 Monroe County Board of County Key WestAirport Storage Maintenance Commissioners $ 2,375,633,00 Facility Beth Leto (305)009-5239 Office leto-beth monroecount -fl. ov 5100 College Road Ivey West,FL 33040 i 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 Sheet 'Terrence Justice (305)809-3943 Office Key West,FL 33040 tJustice ofkeywest-fl.aov (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 Whitehead Street 5100 College Road Key West,FL 33040 Key West,FL 33040 Bender&Associates Architects (305)296-1347 Office Bert Bender hh ende i-Obendei-arclif tecU,com 410 Angela St. Key West,FL 33040 KWHA Senior Citizens Concrete Repair Key West Housing Authority $ 7,841,206.00 1400 Kennedy Dr. Larry Keys (305)296-5621 Office Key West,FL 33040 keys]ftwh a.org (305)731-0036 Cell 1400 Kennedy Dr. Key West,FL 33040 RE,LEVANT EXPERIE NCE ONROE COUNTY. ILL ,PROJEC C —OWNER ION CONTRACT Mallory Wharf Refurbishment City of Key West $ 294,655.53 Terrance Justice (305)009-3943 t1ust1ce cilyofkev west-f1.aoy PO Box 1409 Key West,FL 33041-1409 I Mariners Cove Aprtments Heritage Construction Company $ 4,962,000.00 3330 Northside Dr. Jim Kincald (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 107th St.Gulf Mike Spoto (305)292-7190 Office Marathon,FL 33050 ms otta o@a lceysnaosnuito ore 5224 College Road Stock Island,FL 33040 Pirates Soul Museum/Rum Barrel Bar& SunsetVentures $ 1,783,117.00 Restaurant Marc Cerceo (610)520-1890 Office 524-528 Front Street stretcIi@ifeeIgrgat.com (215)429-5555 Cell Key West,FL 33040 PO Box 520A Villanova,PA 19085 Santa Maria Hotel Santa Maria Sales Office $13,635,465.45 1401 Simonton St. Ralph Sanchez (305)296-5678 Office Key West,FL 33040 c21rJ anchez@aoC4com (305)304-0090 Cell 1401 Simonton St, Key West,FL 33040 Smathers Beach Bathroom City of Key West $ 662,194.85 2601 S Roosevelt Blvd Terrence Justice (305)809-3943 Office Key West,FL 33040 st1ce cl ofkoy (305)304-4799 Cell PO Box 1409 Key West,FL 33040 I' R2JELE�1ANT EXPERIENCE MONROE COUNTY F, PROJECT OWNER PHONE CONTRACT Southernmost on the Beach Southernmost Beach Motel,Ltd. $19,755,609.05 (Atlantic Shores) Dale Rands (240)321-5900 Office Southernmost Gingerbread House 1319 Duval St. (24B)762.5595 Cell Key West,FL 33040 SouthernmostRestroom Renovations Southermost Pier 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 sII&. . otafl,com 3100 University Blvd.S.,Sulte200 Jacksonville,FL 32216 Truman Hotel Truman Hotel,Inc. $ 6,855,450.00 611 Truman Ave. William 0.Kemp,President (305)296.2588 Office Key West,FL 33040 williamftinewooci co i &ha 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 tjBltic��,teywest fl eov (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,FL 33040 fjustfce ftcJtyofteywest-fl Eov (305)304.4799 Cell PO Box 1409 Key West,FL 33040 Customer References Name: Phone: Key West International Airport 3491 South Roosevelt Blvd. (305)009-5239 /YF[N: Beth Leto Key West, FL 33040 Key West International Airport 3481 South Roosevelt Blvd, /305\787-2006 ATTN: Tyler Bethel Key West, FL 33040 City o[Key West P.O. Box 14Og /305>809'3963 ATTN: Karen VVi|man Key West,FL 33040 8 Rancho Motel 83O Truman Ave /385>304-8140 /iTTN: TejosSoN Key West,FL 33040 William P. Horn,Architect 915 Eaton Street (305)286-8302 ATTN: William Horn Key West, FL 33040 Credit References Name: Phone: Bella Construction o[Key West, Inc 3S Diamond Drive /305\292-9888 /UTN' Eddie Braswell Key West, FL 33040 Neamhona Electric, Inc. SGDU1mAvenue (305)294'3991 ATTN:Diana Kirk Key West, FL 33040 Charley Topp|no&Sons,Inc. P.O. Box 7B7 C305\296-5606 /UTN: R|uhandTopp|nn Key West, FL 33040 DAB Mechanical,Inc. 1717SVV1^t Way,Suite 27 (954)480-2690 /ATN: Dale Block Deerfield Beach, FL 33441 2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#P98000042047 Mar 08, 2022 Entity Name: D. L. PORTER CONSTRUCTORS, INC. Secretary of State 7177395264CC Current Principal Place of Business: 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 A LOER 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 I 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 If made 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 03/0812022 Electronic Signature of Signing Off icer/Director Detail Date r� u 7C5.Q a 4i E u W O a Q w W a © �- co z o Z FkJ w N O aZ w,� " c a o u �� LIJ W to --� CI L1. w- 4-1 � idWLL aI,+ �O LU ud v 1p LLJ �/, �' ( L r t W O � C 1- t F- ` LLJ U Ilr)Ii� r 1r Q rrr t rl N L ,A W a O ca C co �, ,�, a� LL r.rl. w a Ul) _ w L (V d' u 0 0 _ � I-- o a cu Q w* m ��6 kEit 'V m State of Florida Department o State !f 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 Seal of the State of Florida at Tallahassee, the Capital, this the Eleventh day of August,2022 Secretaly off tote 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 KECElpT# soz4n'ooan2 Business Name: oL PORTER CONSTRUCTORS INC 1805 STAPLES AVE 103 Owner Name: s«Ry« LOER Business � KEY WEST, FL 33040 Mailing Address: 6S74 PALMER PARK CIR Business Phone: 941-929-9400 sxnxS0Tx, FL 34238 Business Type: CONTRACTOR(CERTIFIED GENERAL) Employees au STATE LICENSE: O3CxS1066 Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years I Collection Cost iTotal Paid Paid 102-21-00002222 07/15/2022 50.00 THIS BECOMES ATAX 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/Ulk MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL33041-1129 EXPIRES SEPTEMBER3U, 2O23 Business Name: oL PORTER CONSTRUCTORS INC RECEIPT# 30140'60602 18ns STAPLES AVE 1os Business Location: KEY WEST, pL sso*o Owner Name: GxnYA L0ER Mailing Address: Business Phone: 941'929-e400 6s74 PALMER PARK Czn Business Type: CONTRACTOR(CERTIFIED GENERAL) SARASoTn, FL 34238 Employees ZO STATE LICENSE: cGCA51066 Tax Amount I Transfer Fee I Sub-Total Penalty I Prior Years I Collection Cost ITotal Paid 50.001 0.001 50.00 1 0.00 1 0.00 1 0.00 1 50.00] Paid 102-21-00002222 07/15/2022 5O.00 2021 / 2022 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2022 RECEIPT# 30140-60602 Business Name: D L PORTER CONSTRUCTORS INC 1805 Owner Name: GARY A LOER Business Location: KEY STAPLES AVE 103 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 ITotal Paid 50.001 0.001 50.00 1 0.00 1 0.00 1 0.001 50.001 Paid 000-20-00032213 07/07/2 021 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, 2022 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 ITotal Paid _ 1 50.001 0.00 50j1 50.00 1 0.00 1 0.00 1 0.00 1 00 Paid 000-20-00032213 07/07/2021 50.00 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 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 CEIVED D.i_, f1cwt r f,;wstwi ur;tows, 4dj 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 Lie NBRICIass LIC2019- .CONTRACTOR DBPR STATE CERTIFIED 000387 Issued Date 7/29/2021 Expiration bate: September 30,2022 GENERAL CONTRACTOR Comments: Restrictions: CGCA51066 (d8/31/22) 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