1-RFS Harvey Govt Ctr Spalling FINAL.pdf

MONROE COUNTY

BOARD OF COUNTY COMMISSIONERS

REQUEST FOR SERVICES

FOR

HARVEY GOVERNMENT CENTER BUILDING

SPALLING REPAIRS

A NON-MANDATORY/ Pre-bid Job Walk will be held onsite at 1200 Truman Ave, Key West, FL 33040 on Wednesday, November 12, 2025, at 10:30 am

BOARD OF COUNTY COMMISSIONERS

Mayor James K. Scholl, District 3 Mayor Pro Tem Michelle Lincoln, District 2

Craig Cates, District 1 David Rice, District 4

Holly Merrill Raschein, District 5

COUNTY ADMINISTRATOR

Christine Hurley

Clerk of the Circuit Court Facilities & Project Management Director Kevin Madok William DeSantis

November 2025

PREPARED BY:

Monroe County Department of Facilities and Project Management

Monroe County Department of Facilities and Project Management Date: November 3, 2025

Scope of Work: Structural spalling repairs to three (3) reinforced concrete columns located in the covered drive-through area of the Harvey Government Center Building.

Job Name: Harvey Government Center Building Spalling Repairs

Job Location: Harvey Government Center Building

1200 Truman Avenue Key West, FL 33040

Contact: Project Manager Name

Howard-Matthew@monroecounty-fl.gov

(305) 850-8123

Willie DeSantis desantis-william@monroecounty-fl.gov

NOTICE OF REQUEST FOR SERVICES

NOTICE IS HEREBY GIVEN that Wednesday, November 26, 2025, at 3:00 P.M. is the deadline for the Monroe County Department of Facilities and Project Management to receive quotes for the following:

Harvey Government Center Building Spalling Repairs 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 and Project 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 and Project Management hereby directs that quotes be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, no later than Wednesday, November 26, 2025, 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

a. A job walk is scheduled for Wednesday, November 12, 2025, at 10:30 a.m. at the jobsite location. All Quotes are due by Wednesday, November 26, 2025, 3:00 p.m. via the Bonfire electronic bidding platform. All Quotes must state they will be good for one hundred twenty (120) calendar days from submittal due date.

2. Project Intent and Scope

The project consists of the structural spalling repair of three (3) reinforced concrete columns located at the covered drive-through area of the Harvey Government Center, located at 1200 Truman Avenue, Key West, Florida.

The scope of work includes all necessary demolition, concrete repair, rebar treatment, patching, finishing, and painting to restore the columns to full structural integrity and aesthetic condition.

The Contractor shall review attached Structural Observation Report completed by K2M Design, Inc. dated July 28, 2025. The Contractor shall note that while the report includes multiple areas of spalling issues ONLY the Drive-Through Columns are included in the scope of work for this Request for Services.

Repairs shall follow attached drawing by K2M Design, sheet S1.0 dated 7/30/25

3. Summary of General Requirements

a. The Contractor is required to provide protection for all existing surfaces.

This shall include, but not be limited to:

i. Vehicles and Personal Property

ii. Building facade which is not in scope of work

iii. Parking lot

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

c. Pre-Bid RFI’s shall be submitted via the Bonfire electronic bidding platform.

Last day to submit pre-bid RFI’s is Monday, November 17, 2025. Addenda will be posted to Bonfire no later than Wednesday, November 19, 2025.

d. The Contractor shall provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris.

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

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

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

h. The Contractor shall furnish and maintain on-site safety data sheets (SDS”) for all materials used in the construction.

i. Construction work times shall be limited to: 8:00 A.M. to 5:00 P.M. Monday- Friday.

j. All materials shall be approved by submittal prior to commencement of work.

k. The Contractor shall provide a lump sum price by November 26, 2025, at 3:00 P.M. via the Bonfire electronic bidding platform as noted herein.

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

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

n. The Contractor shall provide a safety lift plan for all crane/hoist work.

o. The Contractor shall provide schedules for all phases of the project.

p. The Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment.

q. The Contractor shall coordinate all activities with concurrent site work being performed.

r. By signing this agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County web page:

http://fl-monroecounty.civicplus.com/Bids.aspx?CatID=18

s. 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 $500,000 Combined Single Limit

Business Vehicle $200,000 per Person

$300,000 per Occurrence $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 shall be named as Additional Insured on General Liability and Vehicle polices.

t. The Contractor shall be required to secure and pay for all permits required to perform the work.

u. The Contractor is required to have all current licenses necessary to perform the work.

v. 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. 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.

w. 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.

x. 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/her/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.

y. 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.

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

i. 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.

ii. 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.

iii. 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 (i).

iv. In the statement specified in Subsection (i), 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.

v. 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.

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

ADDITIONAL CONTRACT PROVISIONS

I. 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. The Contractor or County 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 on the basis of race, color 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; 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.

During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).

See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

D. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The Contractor will furnish all information and reports required by

Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The Contractor will include the portion of the sentence immediately preceding Subparagraph (A) and the provisions of Subparagraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance;

provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

II. TERMINATION.

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 the 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 the Contractor with five (5) calendar days’ 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 in Article IX, 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’ notice to the Contractor.

If the County terminates this Agreement with the Contractor, the 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 the 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 in 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.

III. 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 the applicable retention period following the termination of this Agreement. If an auditor employed by the County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as “County Clerk”) determines that monies paid to the 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 of the Florida Statutes, running from the date the monies were paid by the County.

IV. PUBLIC ACCESS.

The Contractor and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor and County in connection with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor.

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 receipt from the County’s custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

C) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following 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, 1111 12TH ST., SUITE 408, KEY WEST, FL

33040, publicrecords@monroecounty-fl.gov, (305) 292-3470.

V. RIGHT TO AUDIT.

Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available;

subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the 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 an auditor employed by the

County or County Clerk determines that monies paid to the 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 the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement.

VI. PAYMENT OF FEES/INVOICES

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 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. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the Owner.

VII. 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:

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) 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 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.”

VIII. NOTICE REQUIREMENT

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: __________________________________

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

IX. UNCONTROLLABLE CIRCUMSTANCE.

Any delay or failure of either Party to perform its obligations under this

Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable

Circumstance"). Contractor’s financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner’s Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner’s Representative may determine.

X. 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 Article II concerning termination or cancellation.

PROPOSAL FORM

PROPOSAL TO:

Monroe County Department of Facilities and Project Management 1100 Simonton St., Room 2-216 Key West, FL 33040

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:

HARVEY GOVERNMENT CENTER BUILDING SPALLING

REPAIRS

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

The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The 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 Purchase Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Substantial Completion of the Project within Ninety (90) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar days thereafter.

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:

I acknowledge receipt of Addenda No.(s):

No.____Dated__________________

In addition, the Proposer states that he/she has included a certified copy of Contractor’s License, Monroe County Business Tax Receipt, and Certificate of Liability showing the minimum insurance requirements for this project.

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

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

NON-COLLUSION AFFIDAVIT

I, of the city 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 of 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

(SEAL) My commission expires:

LOBBYING AND CONFLICT OF INTEREST CLAUSE

SWORN STATEMENT UNDER ORDINANCE NO. 010-1990

ETHICS CLAUSE

(Company)

"... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee".

(Signature) Date:

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

DRUG-FREE WORKPLACE FORM

The undersigned vendor in accordance with Florida Statute Section 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 require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, or any employee who is so convicted.

6. 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

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.

LOCAL PREFERENCE FORM

A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form.

Name of Bidder/Responder__________________________Date: ______________

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 for bids or proposals? __________ (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? _______________ (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: ___________________________________________________________ Telephone Number: ______________________________________________________

3. 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? ____________ If yes, please provide:

A. 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.

B. 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)

Telephone Number: ______________________ Address: _________________________________________ Print Name: ______________________ Signature and Title of Authorized Signatory for Bidder/Responder

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.

PUBLIC ENTITY CRIME STATEMENT

“A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity…