1-RFS-Ellis Gutter Replacement (Final legal stamped 7-22-26).pdf

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Ellis Building Gutter Replacement
Solicitation number
RFS-643
Issued by
Monroe County, Florida

About this file

This Request for Services document is issued by Monroe County Facilities Management Department in Florida for the Ellis Building Gutter Replacement project. The project involves removal and replacement of approximately 400 feet of 7-inch white aluminum seamless K-style gutter and 200 feet of 3x4 downspout system at the Ellis Building located at 88800 Overseas Highway, Plantation Key, Florida 33070. The deadline for submission of quotes via the Bonfire electronic bidding platform is Thursday, July 30, 2026, at 3:00 P.M. No site visit or bidder's conference is specified in the document. The contract term shall commence within ten calendar days after issuance of the Notice to Proceed and shall be completed within thirty days from the Notice to Proceed. All quotes must remain valid for one hundred twenty calendar days from the submission due date.

Contractors must provide a lump sum bid price that includes all labor, materials, equipment, permits, engineering fees, and disposal costs. The contractor is responsible for securing all required permits from Monroe County Building Department, City of Marathon Building Department, and any other applicable permitting agencies. Insurance requirements include Workers' Compensation at statutory limits, Employers' Liability ($100,000/$500,000/$100,000), General Liability ($200,000 per person/$300,000 per occurrence), and Vehicle coverage ($200,000 per person/$300,000 per occurrence). Builders Risk and Construction Bond are not required. Contractors must provide proof of current contractor's license, Monroe County Business Tax Receipt, and Certificate of Insurance naming Monroe County Board of County Commissioners as Additional Insured. The contractor must comply with all federal and state labor laws, maintain a drug-free workplace, utilize the E-Verify system, and include standard indemnification provisions with a monetary limitation of liability equal to the contract value or not less than $1 million per occurrence.

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MONROE COUNTY

BOARD OF COUNTY COMMISSIONERS

REQUEST FOR SERVICES

FOR

ELLIS BUILDING GUTTER

REPLACEMENT

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

COUNTY ADMINISTRATOR

Christine Hurley

Clerk of the Circuit Court Facilities Management Director

Kevin Madok William DeSantis July 2026

PREPARED BY:

Monroe County Facilities Management Department

Monroe County Facilities Management

General Scope of Work: Removal and replacement of approximately 400 feet of 7-inch white aluminum seamless K-style gutter and 200 feet of 3x4 downspout system.

Job Name: ELLIS BUILDING GUTTER REPLACEMENT

Job Location: Ellis Building, 88800 Overseas Hwy., Plantation Key, FL 33070

Contact: Chris Robinson

Robinson-Chris@monroecounty-fl.gov

(305) 295-4338

NOTICE OF REQUEST FOR SERVICES

NOTICE IS HEREBY GIVEN that Thursday, July 30, 2026, at 3:00 P.M. is the deadline for the Monroe County Department of Facilities Management to receive quotes for the following:

Ellis Building Gutter Replacement Monroe County, Florida

Requirements for submission may be found on the County’s electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids.

The Public Record is available upon request.

The Monroe County Department of Facilities Management receives quotes via the Bonfire electronic bidding platform. Please do not e m a i l , mail or attempt to deliver in person any quotes. Emailed/mailed/physically delivered quotes/proposals/responses WILL NOT be accepted.

The Monroe County Department of Facilities Management hereby directs that quotes be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than Thursday, July 30, 2026, at 3:00 P.M. There is no cost to the respondent to use the Bonfire platform.

PROJECT OVERVIEW

PROJECT INTENT AND SCOPE

GENERAL REQUIREMENTS

1. Project Overview mailto:Robinson-Chris@monroecounty-fl.gov https://monroecounty-fl.bonfirehub.com/ http://www.monroecounty-fl.gov/BonfireBids https://monroecounty-fl.bonfirehub.com/

A. The County shall enter into a contract with a qualified Contractor to provide all services needed for removal and replacement of approximately 400 feet of 7-inch white aluminum seamless K-style gutter and 200 feet of 3x4 downspout system at the Ellis Building in Plantation Key, Florida.

The term of this contract shall commence within Ten (10) calendar days after the date of issuance to the undersigned by the Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project thirty (30) days from the Notice to Proceed.

The Contractor shall be required to secure and pay for all required permits, engineering fees, and approvals to perform the work which may include: Monroe County Building Department, City of Marathon Building Department and any other permitting or regulatory agencies, if applicable. The Contractor shall include those permit fees, engineering costs, and construction costs as a part of the Contractor’s bid.

B. The Monroe County Purchasing Department hereby directs bids be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than Thursday, July 30, 2026, at 3:00 P.M.

C. All Quotes must state they will be good for one hundred, twenty (120) calendar days from submittal due date.

D. Contractors shall promptly notify the Director of the Department of Facilities Management in writing of any ambiguity, inconsistency or error that they may discover upon examination of the Contract Documents or of the site and local conditions.

E. Contractors requiring clarification or interpretation of the Contract Documents shall submit their questions in writing to the Director of the Department of Facilities Management no later than ten (10) business days prior to the date for receipt of Quotes. Any answer, interpretation, correction or change of the Contract Documents will be accomplished by Addenda. Copies of Addenda will be made available for inspection at the County’s electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids. Interpretations, corrections, or changes of the Contract Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect.

2. Project Intent and Scope

Scope of Work:

https://monroecounty-fl.bonfirehub.com/ http://www.monroecounty-fl.gov/BonfireBids http://www.monroecounty-fl.gov/BonfireBids

The Contractor shall provide the following Scope of Work and provide all labor, services, and materials for removal and replacement of approximately 400 feet of 7-inch white aluminum seamless K-style gutter and 200 feet of 3x4 downspout system Plantation Key, Florida:

A. Contractor shall verify all quantities prior to bidding to provide a complete replacement.

B. Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of debris.

C. Demolish and properly dispose of existing gutter and downspout system.

D. Install approximately 400 feet of new 7-inch white aluminum seamless K-style gutter.

E. Replace approximately 200 feet of 3x4 downspout system in current locations.

3. General Requirements

A. The Contractor shall coordinate all activities with the Monroe County Facilities Maintenance Department.

B. The Contractor is required to provide protection for all existing surfaces including, but not limited to:

i. Existing fixtures

ii. Personal Items

iii. Floors

iv. Vehicles and Personal Property

v. Landscaping

C. The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws.

D. The Contractor shall load, haul, and properly dispose of all construction debris and materials.

E. The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers.

F. The Contractor shall furnish all required work site safety equipment.

G. The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction.

H. Construction work times shall be limited to: Monday - Friday 7:30 AM - 4:30PM.

I. All materials must be approved by submittal before commencement of work.

J. The Contractor shall provide a lump sum price by Thursday, July 30, 2026, at 3:00 P.M., as noted herein.

K. The Contractor needs to be aware of the weather and location and plan accordingly.

L. The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly.

M. The Contractor shall provide a schedule for all phases of the project.

N. The Contractor shall coordinate all activities with concurrent site work being performed, if any.

O. Insurance Requirements:

Workers’ Compensation Statutory Limits Employers’ Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee

General Liability $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required

The Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key West, Florida 33040, shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. A “Sample” Certificate of Insurance is attached, which may not be reflective of the insurance amounts required for this project, but is provided for “informational purposes” only.

P. The Contractor is required to have all current licenses necessary to perform the work and shall submit the Contractor’s License and Monroe County Business Tax Receipt along with its Proposal. If the Contractor is not a current registered Monroe County Vendor, then it shall also submit a properly completed and executed W-9 Form.

Q. INDEMNIFICATION, HOLD HARMLESS, 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 Subparagraph 3(O), herein. 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.

R. NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices 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 bidder or with any competitor. 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. 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 submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project.

S. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR

EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained, or otherwise had act on his/hers/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 Agreement without liability and may also, in its discretion, deduct from the Agreement 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.

T. 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, 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.

U. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows:

1) It will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition.

2) It will inform 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) It will give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

4) In the statement specified in Subsection 1, it will notify the employees that, as a condition of working on the commodities or contractual services that are under bid, 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 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) It will impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, for any employee who is so convicted.

6) It will make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

V. ADDITIONAL CONTRACT PROVISIONS

1) Nondiscrimination/Equal Employment Opportunity.

The Contractor and County 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. Contractor agrees 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 prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC

s. 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 s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, 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.

2) Termination Provisions.

a) 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) days’ written notification to the Contractor.

b) 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.

c) 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 the 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 five (5) calendar days’ 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.

d) Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon seven (7) 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. 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 Article IX, Section 2-721 et al. of the Monroe County Code.

e) Scrutinized Companies:

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.

3) Maintenance of Records.

The 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 in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records-management/general-records-schedules/), whichever is greater. Each party to this Agreement or its 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.

4) 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); back charge logs and supporting documentation; general ledger entries detailing https://dos.fl.gov/library-archives/records-management/general-records-schedules/ https://dos.fl.gov/library-archives/records-management/general-records-schedules/ cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or 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. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any 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 Section 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.

5) Payment of Fees / Invoices.

The County shall pay pursuant to the Florida Local Government Prompt Payment Act (Section 218.70, Florida Statutes) upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act.

The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the County Clerk. Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk’s disbursal of funds. Invoices shall be submitted to Monroe County Facilities Maintenance Department, via email at fac-cm@monroecounty-fl.gov.

The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request.

Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County.

mailto:fac-cm@monroecounty-fl.gov

6) 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:

a) Keep and maintain public records that would be required by the

County to perform the service.

b) Upon request 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.

c) Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County.

d) 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.

e) 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 AT: MONROE COUNTY ATTORNEY'S

OFFICE, P. O. BOX 1026, KEY WEST, FL

33041, publicrecords@monroecounty-fl.gov, (305) 292- 3470.

7) E-Verify System.

Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be amended from time to time, 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 maintain a copy of such affidavit mailto:publicrecords@monroecounty-fl.gov for the duration of the contract. The Contractor shall comply with and be subject to the provisions of Section 448.095. Pursuant to Section 448.095:

a) 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.

b) 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.

c) 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 one (1) year 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.”

8) Notice Requirement.

Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by the 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. 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 shall be sent to the following persons:

For Contractor: ________________________________

For Owner: Facilities Management Department Attention: William DeSantis 123 Overseas Highway Key West, Florida 33040 And

Monroe County Attorney’s Office P. O. Box 1026 Key West, Florida 33041

9) 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 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, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, 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 a no cost Change Order or Amendment for such reasonable time as the Owners Representative may determine.

10) 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 Subsection 3(V)(1) [Nondiscrimination], Subsection 3(V)(2) [Termination], Subsection 3(V)(6) [Public Records Compliance] or Subsection 3(V)(7) [E-Verify], concerning termination or cancellation.

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PROPOSAL FORM

PROPOSAL TO: Monroe County Facilities Management - submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, PROPOSAL FROM: _____________________________

The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of:

ELLIS BUILDING GUTTER

REPLACEMENT

and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto.

The undersigned further certifies that he/she/it has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site.

The undersigned agrees to commence performance of this Project within Ten (10) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, the undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project 45 days from Notice to Proceed.

The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control.

____________________________________________________________Dollars.

(Total Base Proposal- words)

$___________________________________________________________Dollars.

(Total Base Proposal – numbers)

I acknowledge Alternates as follows: N/A

I acknowledge receipt of Addenda No.(s) or None

No.____Dated__________________

No. ___ Dated __________________

In addition, Proposer states that he/she/it has provided or will provide the County, along with this Proposal, a certified copy of Contractor’s License, Monroe County Business Tax Receipt, and Certificate of Insurance showing the minimum insurance requirements for this project.

Execution by the Contractor must be by a person with authority to bind the entity.

By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: http://fl-monroecounty.civicplus.com/Bids.aspx?CatID=18; AND accepts all of the terms and conditions and all Federal required contract provisions herein.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows:

Contractor: ______________________________________________________

Mailing Address:

Phone Number:

E.I.N.: ______________________________________________________

Email: ______________________________________________________

Date: Signed:

Name Title

Contractor’s Witness signature: _____________________________________________

Witness name: ___________________________________________________________

Date: __________________________________________________________________

The County accepts the above proposal:

MONROE COUNTY, FLORIDA

_____________________________________ Date: ______________________ By: County Administrator or Designee

7/22/2026

NON-COLLUSION AFFIDAVIT

I, of the City of according to law on my oath, and under penalty of perjury, depose and say that:

1. I am of the firm of the proposer making the Proposal for the project described in the notice for calling for proposals for:

and that I executed the said proposal with full authority to do so;

2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and

3. 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 submit, a proposal for the purpose of restricting competition; and

5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.

(Signature of Proposer) (Date)

STATE OF:

COUNTY OF:

Subscribed and sworn to (or affirmed) before me, by means of ☐ physical presence or ☐ online notarization, on ___________________________ (date) by _____________

____________________________ (name of affiant). He/She is personally known to me or has produced ___________________________________________________ (type of identification) as identification.

NOTARY PUBLIC

My commission expires: (SEAL)

SWORN STATEMENT UNDER ORDINANCE NO. 010-1990

MONROE COUNTY, FLORIDA

ETHICS CLAUSE

(Company)

"... warrants that he/she/it has not employed, retained or otherwise had act on his/her/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".

(Signature)

Date:

STATE OF:

COUNTY OF:

Subscribed and sworn to (or affirmed) before me, by means of ☐ physical presence or ☐ online notarization, on , 20__________ (date) by _________ (name of affiant). He/She is personally known to me or has produced ___________________________________ as identification.

(Type of identification)

My commission expires:

(SEAL)

DRUG-FREE WORKPLACE FORM

The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that:

(Name of Business)

1. 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 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 nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, for 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 this firm complies fully with the above requirements.

Proposer’s Signature

Date

STATE OF: ______________________________

COUNTY OF: ______________________________

Subscribed and sworn to (or affirmed) before me, by means of ☐ physical presence or ☐ online notarization, on ___________________________ (date) by ____________________________ (name of affiant). He/She is personally known to me or has produced ____________________ ___________________________________ (type of identification) as identification.

(SEAL) My Commission Expires: _________________

PUBLIC ENTITY CRIME STATEMENT

“A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide 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, proposals, or replies on leases of real property to a 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 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.”

I have read the above and state that neither ______________________________________ (Proposer’s name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months.

Date: ___________________________

STATE OF: _____________________

COUNTY OF: ___________________

Subscribed and sworn to (or affirmed) before me, by means of ☐ physical presence or ☐ online notarization, on the ______day of __, 20____, by ____________________________________ (name of affiant). He/She is personally known to me or has produced _____________________________________________ (type of identification) as identification.

My Commission Expires: ____________

(SEAL)

VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS

Project Description(s):____________________________________________________________ Respondent Vendor Name: _______________________________________________________ Vendor FEIN: __________________________________________________________________ Vendor’s Authorized Representative Name and Title: ___________________________________ Address: ______________________________________________________________________ City: _________________________ State: __________________________ Zip: _____________ Phone Number_________________________ Email Address: ___________________________

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 List 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 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 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 Petroleum Terrorism Sectors List or been engaged in business operations in Cuba or Syria.

Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with Monroe County for goods or services.

Certified By: ____________________________________________________, who is authorized to sign on behalf of the above referenced company.

Authorized Signature:____________________________________________________________ Print Name:____________________________________________________________________ Title:_________________________________________________________________________

Note: The List are available at the following Department of Management Services Site:

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_dis criminatory_complaints_vendor_lists http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists…

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