HomeMy WebLinkAboutItem S02COUNTY of MONROE
The Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln, District 2
Mayor Pro Tem David Rice, District 4
Craig Cates, District 1
James K. Scholl, District 3
Holly Merrill Raschein, District 5
Regular Meeting
March 11, 2026
Agenda Item Number:{{section.number}}{{item.number}}
26-0659
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: N/A STAFF CONTACT: William DeSantis
AGENDA ITEM WORDING: Approval of an Agreement with D.L. Porter Constructors,
Incorporated in the amount of $1,345,000.00 for the Lester Building Interior Renovations Project. This
project is funded by the infrastructure sales tax (Fund 304).
ITEM BACKGROUND: The Lester Building at Jackson Square in Key West previously housed the
offices of the Monroe County Supervisor of Elections which has been moved to the old Bayshore Manor
property on Stock Island.
The Office of the Monroe County Attorney currently leases space in a non -County owned building. The
County desires to move the County Attorney offices to the now vacant Lester Building in order to save
money. In order to do so, the building requires interior renovations and reconfiguration to accommodate
the needs of the County Attorney as the building has not had any major renovations done in over 30
years.
A Request for Proposals (RFP) was advertised in late January 2026 with bids due on March 3, 2026. A
total of three (3) bids were received. D.L. Porter Constructors, Inc. was the lowest responsible bidder to
the RFP. County Staff are requesting approval to award an Agreement for the Lester Building Interior
Renovations project to D.L. Porter Constructors, Inc. in the amount of $1,345,000.00.
PREVIOUS RELEVANT BOCC ACTION: N/A
INSURANCE REQUIRED: Yes — COI to be provided upon BOCC approval
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval of Agreement.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: 3/11/2026
Expiration Date: 117 days after issuance of Notice to Proceed
Total Dollar Value of Contract: $1,345,000.00
Total Cost to County: $1,345,000.00
Current Year Portion: $1,345,000.00
Budgeted: Yes
Source of Funds: 304-24017
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes — COI to be provided upon BOCC approval
AGREEMENT
Made as of the
Agreement
-- -
Where the basis of payment is a STIPULATED SUM
1111 Day of March 2026
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, Florida 34238
For the following Project: LESTER BUILDING INTERIOR RENOVATIONS
Scope of the Work
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.
The Scope of Work includes the interior renovation including demolition of the Lester
Building at Jackson Square for the redevelopment of existing offices into new offices for
the County Attorney in accordance with the attached drawings provided by K2M Design,
Incorporated.
The Scope of Work shall include the following:
• Selective demolition of exiting partitions, finishes, and systems.
• Preparation of the site for new construction activities.
• Construction of nineteen (19) office spaces of varying sizes, reception area,
conference room, and library area.
• Build -out of IT room with appropriate infrastructure for data and electrical systems.
• Addition of two (2) showers integrated with existing restroom facilities.
• Infill of existing exterior garage door and installation of new window.
• Driveway ramp infill to match existing grade.
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• Update and reconfigure HVAC system and ductwork to meet current standards
and to accommodate new layout.
• Coordinate mechanical, electrical, and plumbing installations with architectural
finishes.
• Install flooring, ceilings, walls, doors, and hardware in accordance with the design
specifications.
• Ensure ADA compliance and adherence to fire/life safety codes.
• Provide quality assurance and testing as required.
• Coordinate final inspections and approvals from relevant authorities.
• Provide close-out documentation including warranties, as -built drawings, and O&M
manuals.
Acquire all necessary permits, including any fees as a part of the bid. The Contractor shall
supply all of the needed materials and hardware to complete the project and properly
dispose of debris.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Seventeen (117) calendar days after the date of commencement or issuance
of a Notice to Proceed. The time or times stipulated in the contract for completion of the
work of the contract or of specified phases of the contract shall be the calendar date or
dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of the Department
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of Facilities and Project
Management's
signature of approval
on the Certificate of
Substantial Completion. The
liquidated damages table below shall be utilized to determine
the amount of liquidated damages.
FIRST
SECOND
31ST DAY &
CONTRACT AMOUNT
15 DAYS
15 DAYS
THEREAFTER
Under $50,000.00
$50.00/Day
$100.00/Day
$250.00/Day
$50,000.00-99,999.00
100.00/Day
200.00/Day
750.00/Day
$100,000.00-499,999.00
200.00/Day
500.00/Day
2,000.00/Day
$500,000.00 and Up
500.00/Day
1,000.00/Day
3,500.00/Day
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"). The 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 the Contractor under this Section. The
Contractor shall give the 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. The 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 One Million, Three Hundred, Forty -Five Thousand
and 00/100 Dollars ($1,345,000.00), subject to additions and deductions as provided in
the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: N/A
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
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Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of the
Department of Facilities and Project Management, and upon approval for payment issued
by the Director of the Department of Facilities and 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 (County Clerk). Acceptability to the County Clerk is based upon
generally accepted accounting principles and such laws, rules and regulations as may
govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and
use taxes. A copy of the tax exemption certificate will be provided by the Owner upon
request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
the Department of Facilities and Project Management may require. This schedule, unless
objected to by the Director of the Department of Facilities and 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 the Department of Facilities and Project Management.
When both additions and credits covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall be figured on the basis of net increase,
if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
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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 the Department of Facilities and Project
Management has withheld or nullified a Certificate for Payment as provided in Paragraph
9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal
to 150 percent (150%) of the estimated cost to complete the items in accordance with
Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines
for incomplete Work and unsettled claims, including the assessment of liquidated
damages; and
5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay
the Contractor the remaining Contract Sum that includes all retainages previously withheld
by the Owner less an amount equal to 150 percent (150%) of the estimated cost to
complete the incomplete Work (i.e., "punch" list items).
5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of
the General Conditions.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of the Department of Facilities and 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)
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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.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the City of Key West Building Department.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated, and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid, proposal, or reply on a contract to
supply any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO
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for a period of thirty-six () months from the date of b'eingi 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
directiy pertinent to performance under thins 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 in accordance with
the State of Florida retention schedules lives/records,
Li]:4i1g�,qg_qi Di-records-scheJule s/), whichever is greater. Each party to this
�q2�qjieral
Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for seven (7) years following the
termination of this Agreement. If an auditor employed by the County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this, Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies, together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid by the Owner.
Right to Audit.
Availability of Records. The records of the parlies to thl's Agreement relating to thA
Project, which shall include but not be limited', to accounting record's (hard copy, as
IT111 I
-0 0 G Un-Ly Clem GeLerflill WS 111al H 11! Reo U s pala tin- CM to this Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the Contractor, the Contractor shall repay the monies together
with interest calculated pursuant to Section 55,03, Florida Statutes, running from the
date the monies, were paid to the 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,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non -prevailing party and shall include attorney's fees and court costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
h) Adjudication of Disputes or Disagreements. The County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. The County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will
be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill 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. The County and Contractor covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
1) Code of Ethics. The County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding,
Page 9 of 19
but not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. The Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee in violation of Section 2-149, Monroe County Code
of Ordinances or any County officer or employee in violation of Section 2-150, Monroe
County Code of Ordinances. For breach or violation of this provision the County may,
in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover the full amount of any
fee, commission, percentage, gift, or consideration paid to the former County officer
or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances.
o) Public Records Compliance. The Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
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reasoinabile time at a cost•. not exceed the cost provided
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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. This Agreement is not intended to relieve, nor
shall it be construed as relieving, any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may
be offered in satisfaction of the obligation or responsibility.
s) Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended
to authorize, nor shall it be construed as authorizing, the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the
Florida constitution, state statute, and case law.
t) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
u) Attestations. The Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement,
Scrutinized Companies List Certification, Noncoercive Conduct for Labor or Services
Affidavit, Non -Collusion Statement, and a Drug -Free Workplace Statement.
v) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
w) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
Page 12 of 19
x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, the 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 the 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 the Contractor or any of its employees, agents, sub -contractors or other invitees, or
(C) the 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 the Contractor). The monetary limitation of liability under this contract shall
be equal to the dollar value of the contract and not less than $1 million per occurrence
pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth
in the insurance requirements included in this Agreement. Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this Agreement, this section will survive
the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign
immunity.
y) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
Page 13 of 19
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform
contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts,
entered pursuant to this Agreement.
aa) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with its subcontractors shall include the County as additional insured.
bb) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
cc) Independent Contractor. At all times and for all purposes under this Agreement, the
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall be
construed so as to find the Contractor or any of its employees, subcontractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien. The Contractor shall comply with and be
subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section
448.095:
1. A public agency, Bidder, or subcontractor who has a good faith belief that a person
or an entity with which it is contracting has knowingly violated Subsection
448.09(1), Florida Statutes shall terminate the contract with the person or entity.
2. A public agency that has a good faith belief that a subcontractor knowingly violated
this subsection, but the Bidder otherwise complied with this subsection, shall
promptly notify the Bidder and order the Bidder to immediately terminate the
contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may not
be considered as such. If a public agency terminates a contract with a Bidder under
this paragraph, the Bidder may not be awarded a public contract for at least 1 year
Page 14 of 19
after the date on which the contract was terminated. A Bidder is liable for any
additional costs incurred by a public agency as a result of the termination of a
contract.
ee) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice is deemed received
by Contractor when hand delivered by national courier with proof of delivery or by U.S.
Mail upon verified receipt or upon the date of refusal or non -acceptance of delivery.
Notice shall be sent to the following persons:
For Contractor: D.L. Porter Constructors Inc.
Gary Loer, President
6574 Palmer Park Circle
Sarasota Florida 34238
For Owner: Director of Facilities and Project Management
1100 Simonton St., Room 2-216
Key West, Florida 33040
County Attorney Assistant County Administrator, PW & E
1111 12th Street Suite 408 1100 Simonton Street
Key West, Florida 33040 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 the Contractor should the Contractor fail to perform the
covenants herein contained at the time and in the manner herein provided. In the event
Page 15 of 19
of such termination, prior to termination, the County shall provide the 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, the
County shall pay the 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 the Contractor shall not in
any event exceed the spending cap in this Agreement. In addition, the County reserves
all rights available to recoup monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the County's
False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience. The County may terminate this Agreement for convenience,
at any time, upon thirty (30) days' written notice to the Contractor. If the County terminates
this Agreement with the Contractor, the County shall pay the 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 the
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 Subsection 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 Subsection
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Subsection 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more:
a) If the County determines that the Contractor/Consultant submitted a false certification
under Subsection 287.135(5), Florida Statutes, the County shall have the option of
(1) immediately 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 Subsection 287.135(5)(a),
Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection
287.135(4), Florida Statutes, are met.
b) If the Contractor/Consultant has been placed on the Scrutinized Companies with
Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list
created pursuant to Subsection 215.473, Florida Statutes relating to scrutinized active
business operations in Iran, or has been engaged in business operations in Cuba or
Syria, the County shall have the option of (1) terminating the Agreement, or (2)
maintaining the Agreement, at the County's option, if the conditions of Subsection
287.135(4), Florida Statutes, are met.
Page 16 of 19
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) Design Drawings titled Lester Building Interior Remodel Permit Set dated 10131125 by
K2M Design, Inc.; pages GO. 1, G0.2, G 1. 1, G2. 1, G3.0, So. 1, SI. 1, S2. 1, AO. 1, AO. 2,
A0.3, A0.4, A0.5, A0.6, AD2. 1, A2. 1, A2.2, A3. 1, A3.2, A4. 1, A4.2, A4.3, A6. 1,
P0.0.1, P0.1.1, P1.1.0, E0.0.1, E0.1.1, ED 1. 1. 1, E1.1.1, E2.1.1, E5.1.1, ET 1. 1,
MO. 0. 1, MO. 1. 1, M1.1.1, M6.1.1, M7.1.1, TO. 1. 1, TO. 1. 2, and TO. 1. 3 (41 pages total).
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Request for Proposals.
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages
1 2/4/2026 1
2 2/24/2026 8
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 17 of 19
Execution by the Contractor must be by a person with, authority to bind the entity.
611101Z�SW*112
(S EAL)
M.Wmazal "Nagummml
M
FAK��rmwg
LOM
CONTRACTOR:
D.L. PORTER C NSTR TORS, INC.
I I
Signature:7gr
Print Name, Gai,y A. Leer
Title: Pi-elident
0
Mayor/Chairmian
MONROE COUNTY ATTOMNEYS OFFICE
APPROVED AS TO FORM
J�STAWCOUNTYATTOFIINEY
DATE: 1.11-3-2026
On this 3rd day of March _, 20 26, before me, the undersigned notary public,
by means of X physical presence or 1:1 oinline, personally appeared
Gary A.Lier President (name of affiant; known to me to be the person whose name
is subscribed above
as-k!44� tk�n —,and acknowledged
that he/she is the person who executed the above contract with Monroe County for LESTER
BUILDING INTERIOR RENOVATIONS for the purposes therein contaMed.
Notary Publiiho�� V 21to
Print Name Kini Dryclen
KIM DRYDEN
aff'U"Mm
GomrniWon # HIH 34 �'27
ruary
(Seal) IEI F b 24 2027
Z, -XPIW e rulary
914P�
GENERAL REQUIREMENTS
Where the Department of Facilities and 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
Supplier Bid Bond
Total Base Proposal
Keystar Inc 5%
$2,441,804.34
Marino Construction Group 5%
$1,658,748.00
DL Porter Constructors Inc 5%
$1,345,000.00
Staff Present: Suzi Rubio, Breanne Erickson, Wendy Carter
Members of the Public Present: Adrian, Doug Cail (Marino), Kevin, Kim (DL Porter), Corinne Detruit, Stephanie Bruno (Key Star)
I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the State of Florida
Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified.
Bid Opened By: Lisa Abreu, Administrator, Purchasing and Contract Services
I M3 19 1"VIIIIII I IN] ILI 11502 1 ki I 191 N 101,014 N A Z rolvilly 9 [OU
mmuwmmi ���
ILI 101 Off 0101 W a I F11.1 10101 Vila 21 py-ftyj I
1, Gary A. Loer of the city Sarasota
according to law on my oath, and under penalty of perjury, depose and say that:
1 . I am President
of the film of D.L. Porter Constructors, Inc.
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
Lester Buildina Interior Renovations
and that I executed the said proposal with full authority to do so;
Z The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor; and
I Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to subm,it, a proposal for the purpose of
restricting competition; and
5. The statements cont ti ed in this affidavit are true and correct and made with full
knowled of s, pr ct.
March 3, 2026
(Signatuo—of Pr6yose'r) Gary A. Loer, (Date)
President
STATE OF
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or 0 online
notarization, on March 3, 2026 (date)
by Gary A. Loer, President (name of affiant). fie N is personally
Lypu ul iutmu known to me oHta"I uuuuk-lu
-rder4iffee4fePi.
NOTARY PUBLIC Kim Dfyden
KIM DRYDEN
Commission 14H 349408 Pres F, r,)8,7 2 "t
'20
�jppires February 24, 202�t My commission expires: February 24, 2027
I W 0o] 901 60T.11 0 a] 1011 LT,
00 120- Page 29 of 220
14- r1q rol 6
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
D.L. Porter Constructors, Inc.
(Company)
warrants that helit has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990, For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Sign"aturer/Gary -K. Lber, President
MORR-OV.,
COUNTY OF:
FM 391999=
Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or El online
notarization, on March 3, 2026,
(date)
by Gary A. Loer, President (name of aff iant)G&he is personally
E�KWDRYDEN
11� - - NOTA�Y PUBLIC Kern Dt(�den
Commission # HH 34 9408
F aaz
EXC My commission expires: February 24, 2027
PROPOSAL FORM 00120- Page 30 of 22,0,
JlAo*111111141 OkItINJIMAIRRIN"[11 1111141111$] ta 0:101 muffill[mm
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that:
D.L. Porter Constructors, Inc.
(Name of Business),
I Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection (1).
4. In the statement specifiedin subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is avaiilable in the employee's community, or any employee who is so
convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that thi firm com ?1�s fully with the above
requirements.
'r
Gary A. b"b"er, rhisiderft Proposer's Signature
STATE OF: FLORIDA
COUNTY OF: SARASOTA
Subscribed and sworn to (or affirmed) before me, by means of X physical presence or 0 online
notarization, on March 3, 2026 (date) by Gary A. Loer, President (name of affiant).
G64e-is personally known, to me r I-P-38 prrrv-auV,=u ktypm U1 luul mulluatiul 1)
Ki � d
NOTARY PUBLIC im ry en
KINI DRYDEN
24
(SE
1. .. :T-. Comn)Isslon#HHUN08 My commission expires: February , 2027
00 12,0- Page 31 of 220
lq*yd"r -till notalUAki nOTI-Adrolki
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: 3/3/2026
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 Avenue, Suite 103, Key West, FL 33040
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location? Yes
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)
1805 Stapleshve, Suite 103, Key West, FL 33040
;Addr
Sign u4'and Title of Authorized Signatory for
Bidder/Responder
STATE OF: FLORIDA
COUNTY OF: SARASOTA
Tel.Number
Print Name: Gary A. Loer, President
Subscribed and sworn to (or affirmed) before me, by means of AG physical presence or 0 online
notarization, on March 3, 2026 (date)
by Gary A. Loer, President (name of affiant). &e is personally known to me
0!
KIM DRYDEN
NOTAO PUBLIC Kim Dryden
Corn ml$slon # HVI M08
EX Ires February 24, 2027
:AL My commission expires: February 24, 2027
PROPOSAL FORM 00 120- Page 32 of 220
I [*j A 01111 WK41 N I kh 146*1 r-11
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a publ:ic entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO for
a: period of 36 months from the date of being placed on the convicted vendor list."'
I have read the above and state that neither D.L. Porter Constructors, Inc.
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
(Signat'dire) 'tary'A. Loer, President
Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or El online
notarization, on March 3, 2026
(date)
by Gary A. Loer, President (name of affiant). He 4& is personally
ty
, r y L 10-It-i-v
KIM DRYOEN
E4 NOTAkY PUBLIC Kim en
-1 34NO8
Cornmisslon # H11 34NO8
Mary
re
Expires Febru Dry 24, 2027
My commission expires: February 24, 2027
PROPOSAL FORM 00120- Page 33 of 220
Project Description(s): Lester Building Interior Renovations
Respondent Vendor Name: D.L. Porter Constructors, Inc.
Vendor's Authorized Representative Name and Title:. Gary A. Loer, President
Address: 6574 Palmer Park Circle
City: Sarasota State: 171. zilw 34238
Phone Number 941-929-9400 Email Address-, garyloerC@dlporter.com
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created, pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also,
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were
created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,00,0,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in
the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in
Cuba or Syria.
Certified By: Gary A. Leer, President
to sign on behalf of the above ige'rer)Od ,
Authorized Sig
Print Name:- Gary A. Loer" 11
Title: President
Note: The List are available at the following, Department of Management Services Site:
who is authorized
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PROPOSAL FORM 00120- Page 34 of 220
"CHOM" 1MOLI
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
.... . .... ........ . ... . ...
Entity/Vendor Name: D.L. Porter Constructors, Inc.
Vendor FEIN: 65.0848440
Vendor's Authorized Representative: Gary A. Loer, President
Address: 6574 Palmer Park Circle
City: Sarasota
Phone Number:
(Name and Title)
-State: FL
Email Address:
Zip:
34238
As a non -governmental entity executing, renewing, or extending a contract with a government entity, Vendor
is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for
labor or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
I , Using or threatening to use physical force against any person;
2. Restraining, isolating, or confining or threating to, restrain, isolate, or confine any person without
lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services
are pledged as a security for the debt, if the value of the labor or services as reasonably assessed
is not applied toward the liquidation of the debt, the length and nature of the labor or service are
not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or any other actual or purported
government identification document, of any person;
5. Causing or threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
T Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03,
Florida Statutes to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not
use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed
Section 787.06, Florida Statutes, and agrees to abide by same.
Certified By: Gary A. Loer, Preside At who is authorized to sign
-- - on behalf of the above refe ed c 1pa
Authorized Signature:
.ex .1 . ............ .
Print Name: Gary A. Loer
Title: President
PROPOSALFORM 11120- Page 35 of 220
LESTER BUILDING INTERIOR RENOVATIONS
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.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 220
LESTER BUILDING INTERIOR RENOVATIONS
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
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved
by Monroe County Risk Management.
INSURANCE REQUIREMENTS AND FORMS 00130- page 38 of 220
LESTER BUILDING INTERIOR RENOVATIONS
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
LESTER BUILDING INTERIOR RENOVATIONS
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. Porter Constructors, Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes
and the requirements of Florida Statutes, Chapter 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$5,000,000 Bodily Injury by Accident
$5,000,000 Bodily Injury by Disease, policy limits
$5,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company, or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida' 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 a 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.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 220
LESTER BUILDING INTERIOR RENOVATIONS
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
LESTER BUILDING INTERIOR RENOVATIONS
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 a minimum:
• Premises Operations
Products and Completed Operations
• Blanket Contractual Liability
Personal Injury Liability
The minimum limits acceptable shall be:
$3,000,000 Combined Single Limit
An Occurrence Form policy is preferred. If coverage is provided on a 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 claims may be reported should extend for a minimum of twelve
(12) 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 00130- Page 40 of 220
LESTER BUILDING INTERIOR RENOVATIONS
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
LESTER BUILDING INTERIOR RENOVATIONS
BETWEEN
MONROE COUNTY, FLORIDA
AND
D.L. Porter Constructors Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 220
LESTER BUILDING INTERIOR RENOVATIONS
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
General Liability, including
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Statutory Limits
$5,000,000 Bodily Injury by Accident
$5,000,000 Bodily Injury by Disease
Policy Limits
$5,000,000 Bodily Injury by Disease,
each employee
$3,000,000 Combined Single Limit
Vehicle Liability (Owned, non -owned, and hired vehicles) $1,000,000 Combined Single Limit
Builder's Risk:
If split limits are preferred:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
Not Required
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 Owner
pursuant to Fla. Stat. Sec. 255.05.
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 equal to the dollar value of the contract and not less than $1
million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims,
INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 220
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 Contractors 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.
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.
lee, 7
PROPOSER Sign3t re—, OarV A. Loer
President
INSURANCE REQUIREMENTS AND FORMS 00 130- Page 43 of 220
LESTER BUILDING INTERIOR RENOVATIONS
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY
General Liability
Auto Liability
Workers Compensation
Liability policies are X Occurrence
Marsh
Insurance Agency
DEDUCTIBLES
$5,000
Comp/Collision: $1,0001$1,000
NIA
Claims Made
14toAi
Signature
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 220