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01/20/2021 Agreement
6u-I ",1 ;a .,�w.�l°a� ,, Kevin Madok, CPA '°ate Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: January 26, 2021 TO: Judith Clarke, PE, Director Engineering/Roads& Bridges ATTN: Debra London, Project Manager FROM: Pamela G. Hancokk, .C. SUBJECT: January 20th BOCC Meeting Attached is an electronic copy of the following item for your bantling: C3 Construction Contract with Zaldene Enterprises, Inc. for the 1st Street and Bertha Street (Key West) Roadway and Drainage Improvement Project in die amount of$4,694,999.99. The construction is being partially funded by a Florida Department of Transportation Sinai! County Outreach Program Grant in the amount of$1,815,020.00; and the City of Key West will be reimbursing the County for City requested construction scope in the approximate amount of $795,354.60. I will send you the originally recorded bond through courier for return to die contractor. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Standard Form, of Agreen-ient Between Owner and Contractor I'T"here the basis qfl?aYmetv is a STIP IJLA TED S(_�Vf ............ AGREEMENT Made as of the 20th day of January in the year of`I ThOUSand and Twenty One. BETWEEN the Owner: Monroe County Board ol"County Corrimissioners ("BOCC-) 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Zahlene Enterprises,. Ine, H 300 NW 97'r' Avenue Medley, FL 33)178 For the following Prqj�ect: I" Street and Bertha Street Roadway Irnprovernents Project Key West Monroe Count F, Florida ("project") Oversiolit 1"or Owner: RS&H, Inc. 10748 Deerwood Park Blvd Soutli Jacksonville, Florida 32256 Engineer: EA C Consulting, 111C. 815 NW 57"' Ave, Suite 402 Miami, Florida 33126 The Owner and Contractor agree as set forth below. Awricl.,E I The Contract Documents The Contract Docunients consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Spec i hications, hisurance, Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, addenda issued prior to execution of this Agreement, other documents listed in this Agreen'ient and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, Notice, Requirement All written correspondence to the COUNTY shall be dated and signed by all authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified rnail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County I 100 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: Jordan Zahlene, Vice President Zahlene Enterprises, Inc. H 300 Nam' 97"' Avenue iVledley, FL 33178 ARTICLE 2 The Work of this Contract The Conti-actor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Ist Street and Bertha Street Roadway Improvements Project. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of cornmencernent is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a. different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work, The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 468 calendar days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. L IQ UIDA TT-D DA.41A GE,S 2 Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval oil the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 3 1 s' DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00499,999.00 100.00/1)A Y 200MMAY 750.00/DAY $100,000.00-499,999.00 200M/DAY 500M/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000MO/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 3.3 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 ProjJect; (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 7 days of any event or circumstance that is reasonably likely to result in an Uncontrol[able 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 a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Conti-act Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the 1st Street and Bertha Street Roadway Iml2rovernents Project the Contract Sum of FOUR MILLIONSIX HUNDRED NINETY-FOURTHOUSAND NINE HUNDRED NINETY-NINE DOLLARS, AND NINETY-NINE CENTS ($4,694,999.99), subJect to additions and deductions as provided in the Contract Documents. 42 T lie Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00 11 O ARTICLE 5 Progress Payments 5A Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment,, the Owner shall make progress payments on account of the Contract Sung to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5A Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract SlArri among the various portions of the Work and be prepared in Such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Z;� Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents. the amount of each progress payment shall be corriputed as follows: 5.6.1 'Fake that portion of the Conti-act Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion or the Work in the Schedule of Values, less retainage of Five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The arnount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sure shall be actual net cost as confirmed by the Owner. When both additions and credits covering, related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Surn properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5%): 5,6.3 Subtract the aggregate of previous payments made by the Owner; and 4 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment am ount determined in accordance with Paragraph 5.6 shall be further C� modified under the following circumstances: 5.7,1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less Such amounts as the Owner recommends and determines 'for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially, delayed through no fault of the C� Conti-actor, any additional amounts payable in accordance with Subparagraph 9.103 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None AR,rICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sung, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12,2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final Project Certificate 'for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the, reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and Unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 7.3 Temporary facilities and set-vices: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. T5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133. Florida Statutes). 5 Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and rnay result in debarment from Countys competitive procurement activities. In addition to the foregoing Contractor further represents that there has been no determination, based oil an audit, that it or any subcontractor has committed an act defined by Section 7.1 )-)33 1., Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crijue" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the COUnty if it or any Subcontractor is formally charged with I g CP an act defined as a "public entity crime" or has been placed on the convicted vendor list. 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 oil a contract with a public entity for the construction or repair of a public building or Public work, rnay not submit bids oil leases of real property to public entity, rnay not be awarded or perform work as contractor, supplier, subcontractor, or consultant under as contract with any public entity, and may not transact business With any 1:)ublic entity in excess of the threshold amount p ided in Section 287.017, for CATEGORY Two for a period of'36 months from the date of brin g I ng placed oil the convicted vendor list, 7.6 The following items are part of this contract: a) Maintenance of Records- Contractor shall tuaintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted aCCOUntill- principles consistently applied. Each party to this In I Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public, records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk deternimes, that monies paid to Contractor Pursuant to this Agreement were spent for purposes not authorized by this Agreement'. the Contractor shall repay the nrionies, together with interest Calculated pursuant to Sec. 55.03); FS, running from the date the monies were paid to Contractor. b) Right to Audit: Avcii1abilit)iofRecorcls. The records ofthe 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; chance order files (including dOcUruCtitation covering, negotiated settlements); back charge logs and supporting documentation; general ledger entries In detailing cash and trade discounts carried, insurance rebates and dividends; any other Supporting, evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, SOUNCS of information and matters that mav in Owner'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 andlor reproduction by Owner's representative and/or agents oftwner. Owner may also conduct verifications Such as, but not limited to, counting employees at the job 6 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 Z� Z) confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept-for seven (7)years after Final Completion. Governing Law, Ventie, Interpretation, Costs, and Fees- This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. d) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or, person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, I covenants, conditions and provisions of this Agreement, shall not be affected thereby- and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreen-lent to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 1) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. Z" g) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 11) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the 7 purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. i) Nondiscrimination: County and Contractor 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 d iscrin-i[nation has occurred, this Agreement automatically terminates without any further action, on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ssJ681-1683, 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 handicaps; 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 290ce-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 maybe amended from time to time, relating to nondiscrimination on the basis of disability, 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. j) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its perforniance Linder this Agreement, and that only interest of each is to pet-form and receive benefits as recited in this Agreement. k) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112,313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Contractor warrants that lie/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision tile County rnay, 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 artiount of any 8 fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other- than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full al-1101.111t Of such fee, commission, e,percentag �"> , gift, or consideration. n-i) Public Records Compliance. Contractor Must Comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reirriburserrient 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 F.S. 1 M0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perforril the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records, or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt fi-orn 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. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Conti-actor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the 9 County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall irnrnediately notify the Conti-actor 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 tirne. If the Contractor does not comply with the County's request for records, the County shall encorce 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 tirne may be Subject to penalties under section I 19a 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 HASQ,UEST10NS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470, JCS RADLEY- BRIAM&MONROECOUNTY-FL.GOV, MONROE COUNTY AT TOR NEY9s OFF1 CE I I 11 12""' Street, SUITE, 40_8, KEY WESL,FL 33040. n) Non-Waiver of Immunity: Notwithstanding the provisions of See. 768,28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any con-u-nercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deerned a waiver of iairnunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 0) Privileges and Immunities: All of the privileges and immunities from liability, exemptions frorn laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents, or employees of the County, when performing their respective functions Under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. P) Legal Obligations and Responsibilities- Non-Delegation of Constitutional or Statutory Duties. ]'his Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreen'ient is not intended to, nor shall it be construed as, authorizing the delegation of the 10 constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. q) Non-Reliance by Non-Partles: No person or entity shall be entitled to rely upon the terms, or any of therm. of this, Agreement to enforce (')r attempt to enforce any third-party claims or entiflernel"it to or benefit of any service or prograrn contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer. or employee of either shall have the authority to inform, Counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits Under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations. Contractor a)rees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Tyro -free Workplace Statement, S) No Personal Liability- No covenant 01' agreement contained herein shall be deemed to be a covenant or agreement of any meniber, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally (,in this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 0 Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as all original, all of which taken together shall L constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. U) Section Ifeadinas: Section headings have been inserted in this Agreement as a matter 0 C� of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. V) Special Conditions, if any are detailed in Section 01000 of the Project Manual l"Or this Project. w) Hold Harmless and Indeninification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, clarnage, fine, 0 r-I penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTYS elected and appointed officers and employees front liabilities damages. losses and costs, including but not limited to, reasonable attorneys fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the perforinance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circurnstances that Occur I I during the term of this Aoreenient, this section will survive the expiration of the term of this Agreement or any car]ier terninlation of this Agreement. t? In tire event the completion of the project (Includinc,, tile work of others) is delayed or suspended as a Z result of the Contractor's failure to purchase or maintain the required insurance,, the Contractor shall indernilify the g County from any and all increased expenses resulting frorn such delay. I Z;� The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. 'File extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section . In the event any claims are brought or actions are 'Filed against the County with respect to the inden-inity contained herein, tile Contractor agrees to defend against any Such claims or actions regardless of whether such claims or- actions are rightfully or wrongfully brought or riled, The Contractor agrees that the County ri'my select the attorneys to appear and defend stich clairns or actions on behalf of the County, 'rile Contractor further agrees to pay at the Contractors expense the attorneysL fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of tile County at both the trial, and appellate levels. 'rile County at its sole option, shall have the sole authority for the direction of the defense. and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. X) Adjudication of Disputes or Disagreements- COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the clairn or dispute With meet and confer sessions. If tile iSSUC 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 riot negate or waive the, provisions of paragraph x or Article 8.1 concerning termination or cancellation. y) Cancellation- In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. Z) Coopei-aition: In the event any administrative or legal proceeding is instituted against either party relating to the formation,, execution, performance, or breach of this Agreement, County ,and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement oi- provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. aa) Insurance: Prior to commencement of work the Contractor will provide, satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Florida Department of Transportation and Monroc County Board of County Commissioners,, its employees and officials as "Additional Insured" on all policies except for Worker's Compensation. 12 7,7 Ownership of the Project Documents: I-lie documents prepared by the Contractor for this PrcJect belonor to the County and may be reproduced and copied without acknowledgZ71ement or permission of the Contractor. 7.8 Successors and Assigns: Tile Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with tile prior written approval of' the Board Of County Coin m ission ers for IMonroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Sub �ect to the provisions of the immediately preceding sentence, each J Z:�, party hereto binds itself,, its successors, assigns and legal representatives to the other and to the I Z:� SUCCessors, assigns and legal representatives of'stich other party. T9 No third Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of', any third party, 7.10 Americans with Disabilities Act of 1990 (ADA) - The CON"I"RA C]r'OR will comply with all the requirements as imposed by the AD A, tile regulations of the Federal government issued thereunder, and the assurance by the CONTRAUFOR pursuant thereto. 7.11 E-Verify ystern - Beginning JanUary 1, 2021, in accordance with F.S. 448.095, tile Contractor and any subcontractor shall register with and shall utilize the I I.S. Department of Homeland Security's E-Verify systern to verify the work authorization status of all new employees hired by the Contractor during the term of tile Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise Utilize tile U.S Department of Homeland Security's E-Verify system to verify the work authorization status of all new em-floyees hired by the Subcontractor during the Contract term. Any subcontractor shall provide all affidavit stating that the subcontractor does not employ, contract with, or subconstruct with, ail unauthorized alien. Tile Contractor shall comply Nvith and be subject to the provisions of F.S. 44S.095 7.12 The Contractor will provide copies of subcontractor agreements prior to execution to ensure that the FDOT SC OP contract provisions are included In these subcontractor agreements. Paragraphs 7.13 through 7.1 are extracts from the FDOT SCOP agreement with the (,.'OUNTY. T13 The Recipient will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, relicliOLIS beliel" disability, national origin, or sex. The Recipient shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Recipient shall insert similar provisions in all contracts arid subcontracts for services by this Agreement. 'File Recipient of that it is aware of the provisions of Section 287.134(.1)(a), Florida Statutes. All entity or affiliate who has been placed oil tile discriminatory vendor list may not submit a bid on as contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the: Construction or repair Of a public building or public work. may not submit bids oil leases ol" 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 arty public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement oil the list during tile term of this Agreement may result in the termination of this Agreement. 13 T14 It is specifically agreed between the pat-ties executing this Agreement that it is not intended, by any of the provisions of any part of the Agreement to create in the public or any rnernber thereof, a third party beneficiary under this, Agreement or to authorize anyone not a party to this Agreernent to maintain a suit for personal in'Juries or pioperi[y darriage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just clainis against the Recipient or any subcontractor, in connection with this Agreernent. Additionally, the Recipient agrees to include the fbilowing indemnification in all contracts with conLractors/subcofltractors, or C011SUltants/sub consultants who perform work in connection with this Agreement. "To the fullest extent permitted by law the Recipients contractor shall indeninify and hold harmless the Recipient, the State of Florida, Department of Transportation,, and its officers and employees, front liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys fees, to the extent caused by the negligence., recklessness or intentional wrongful misconduct of contractor and persons employed or utilized by contractor in the performance of this Contract. `This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereignMM ' IUrnty. To the fullest extent permitted by law, the Recipient"s consultant shall indemnify, and hold harmless the Recipient, the State of Florida, Department of Transportation, and its officers and employees from liabilities, daniages, losses. and costs. including, but not hinited to, reasonable attorney fees to the extent caused, in whole or in pai-L,, by the professional negligence, error or omission, recklessness, or intentional wrongful conduct Of the C011SUltant or persons employed or utilized by the Consultant in the performance of the Agreement. This inden-inification shall survive the termination of this Agreement, Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of' Florida and the Recipient"s sovereign irriniunity. 7,15 The Department and the Recipient acknowledge and agree to the following: i. The Recipient shall utilize the U.S. Department of I lorneland Security's F-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. The Recipient shall expressly reqUire any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U,S, Department of I-lonneland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor/SUbcontractor durincy the contract term. ARTICLE 8 Termination or Suspension 9.1 The Contract may be terminated by the Owner or the Conti-actor as provided in Article 14 of the General Conditions. 8.2 "I"he Work t'nay be suspended by the Owner as provided in Article 14 of the General Conditions, Article 9 14 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution ofthis Agreement, are enumerated as follows: See Ar-ticle 1 9.1.I The Agreenient is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1,3 'File SUpplernentary and other Conditions of the Contract are those contained in the Project Manual dated September 2020 and are as follows: As listed in Table of Contents, Section 00001 of the ])reject Manual for this project. 9.1 A The Specifications are those contained in the Project Manual dated as in Subparagraph 9.13, and are as follows: As lasted in Table of Contents, Section O000 I of the Project Manual for this project. Ui5 The Drawings are as follow-vs,and are dated can each individual drawing unless a different date is shown below: EAC C011SUlting Signed and Sealed September 19, 2020 Sheets I thrU 128, CTL 1-2 9.1.6 The Addenda, if any, are as follows: Addendum I and 2. Portions of Addenda relating to bidding requirements are not part of the Contract D m ocuents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 001 10 See Article I 15 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall, without proof or accounting for the other counterparts,be deemed an original contract. - - i ti* � BOARD OF COUNTY COMMISSIONERS 1/2'.r,.,.r VIN MADOK,Clerk OF MONROE CO - IP 'I I MP By: ( By As Deputy C erk Mayor Date -' «" Z 20 vo vl Monroe County Attorney Approved as to Form: - Christine Limbert-Barrows,Assistant County Attorney Christine Limbed-Barrows °r,,n-s- w---^--" (SEAL) ZAHLENE ENTERPRISES,INC. Attest: C(.�� /., By: rhlgRrvela By - 774 Title: 5eEle42l1, Title: Wc.e. re-1 6, - o __ z N C TI mm „ n CD 16 I"Street and Bertha Street Roadway Improvements Project SECTION 00110 BID PROPOSAL The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents as previously instructed herein. Item Description 1. Bid Form 2. Non-Collusion Affidavit 3. Lobbying and Conflict of Interest Clause 4. Drug-Free Workplace Form 5. Public Entity Crime Statement 6. Bid Bond 7. Insurance Agents Statement and Bidder's Statement 8. Contractor's License Current Copy to Be Submitted with Bid Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed 9. Proof of pre-qualified by Florida Department of Transportation(FDOT)in accordance with Chapter 337.14 F.S. and State of Florida Department of Transportation Rules Ch. 14-22. 10. Subcontractor's List 11. Additional Information as requested in 5.1 of Specification Section 00100. 12. Vendor Certification Regarding Scrutinized Companies Lists Form Bidder must also provide all information requested in Section 00100 Instruction to Bidders in addition to forms included in this Section. 1. PREPARATION OF BIDS Signature of the Bidder: The Bidder must sign the bid forms in the space provided for the signature. If the Respondent is an individual,the words"doing business as ", or" Sole Owner"must appear beneath such signature. In the case of a partnership,the signature of at least one of the partners must follow the firm name and the words "Member of the Firm"should be written beneath such signature. If the Bidder is a corporation,the title of the officer signing the Bid on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of their authority to sign the Bid must be submitted. The Bidder shall state in the bid the name and address of each person having an interest in the submitting entity. 8/31/20 BID PROPOSAL 00110-1 I"Street and Bertha Street Roadway Improvements Project BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT 1100 SIMONTON STREET,ROOM 2-213 KEY WEST,FLORIDA 33040 BID FROM: Zahlene Enterprises Inc. 11300 NW 97 Avenue Medley , Florida, 33178 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Bid Documents for the construction of. 1st Street and Bertha Street Roadway Improvements Project, Key West Monroe County,Florida 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 they have personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder 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 shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price will be determined from the actual quantities measured for payment in accordance with the Contract Documents. FOUR MILLION SIXHUNDRED NINTYFOUR THOUSAND NINEHUNDRED NINTYNINE&CENTS NINTYNINE Dollars. (Total Base Bid-words) $4,694,999.99 (Total Base Bid- numbers) Sign u Date 8/31/20 BID PROPOSAL 00110-2 I`Street and Bertha Street Roadway Improvements Project I acknowledge receipt of Addenda No. (s) 1, 2 I have included the Bid Proposal which entails the Bid Form V , the Non-Collusion Affidavit_, the Lobbying and Conflict of Interest Clause , the Drug-Free Workplace Form �/ , the Public Entity Crimes Statement , the Bid Bondthe Bidder's Insurance Statemen�, the Bidder's statement, Contractor's License V, Proof of Prequalified by Florida Department of Transportation in accordance with chapter 337.14 F.S. and the State of Florida Department of Transportation Rules Ch.14-22t, Sub- Contractor's List, Vendor Certification Regarding Scrutinized Companies Lists V , Additional Information as requested in 5.1 of Specifications Section 00100 V. (The above is intended as a courtesy review checklist of the required bid items. However, it does not imply that these are the only items needed. There may be additional requirements not listed here that are listed in other sections of the Project Manual. It is the Contactors responsibility to provide all required bid items.) Mailing Address: 11300 NW 97 Avenue Medley , Florida, 33178 Phone Number: 305-805-6858 Email Address: jordan@zahlene.com Date: 11/17/2020 Signed: Jordan M.Zahlene (Name) Vice President (Title) Witness: (Seal) 8/31/20 BID PROPOSAL 00110-3 000OO 000Ooo O 000Oo 0 ooOOOO00000OOo ooOvo 000 �ooO O oOOOo O 0000OO000000Oo 0 0 7 N �o C1 O �o O1 ON V N N 00 O O O �o V 0 0 0 0 0 'n O O O O O O O O O �D W) N O N oo 00 vl 'n V 00 00 O 'D 'n N 'D N M O O O 00 Vl �O c- Wn 'n �D O O 'n v1 N 'n M ul 111 M N [� V �D N 'n �D \lD \lD a 0 O M M M M V N 00 N N V V1 �' M (V O O V M �O 00 -It00 In 'n -� � M M 'n cDl� -- V' O N N M M V N M a\ N vl F 6A 69 6A Ff3 69 69 6A 69 16A 69 64 69 69 69 69 69 69 69 6A 69 69 6A 69 69 69 69 69 64 69 69 69 64 69 w W zLQ W o H Z w W H > w Ca cn q w V U H F } Ca Ca H z W z Z H = U u W F Q x Q WQ Q W Oz ? w w w w C] 0 3 ° QQ � Qo" zQ � Q w > >. 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'C:sV0 M m M n (D0 0 0 0 M ao 0 E M M m M M n n n _n n N T¢,a V V V d' V U I st Street and Bertha Street Roadway Improvements Project NON-COLLUSION AFFIDAVIT I Jordan M. Zahlene of the city of Hialeah according to law on my oath,and under penalty of perjury, depose and say that; 1. I am Vice President of the firm of Zahlene Enterprises Inc the bidder making the Proposal for the project described in the Request for Competitive Solicitations for: 1st Street and Bertha Street Roadway Improvements Project Monroe County, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 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 awardin contracts for said project. 11/17/2020 (Sign e idder) (Date) STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on AJ9V e r- y�8 (date) by _UorclOn I get)of (name of affiant). He/She is personally known to me or has produced (type,of identification) as identification. NO ARY PUB ' Cu FY p% Notary P tate of Florida Mic iz M commission expires: o Com sion GG 158855 y p OF�°0. Expire 2/1 512 0 2 1 8/31/20 BID PROPOSAL 1st Street and Bertha Street Roadway Improvements Project LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA Yi Zahlene Enterprises Inc it (Company) "... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of 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 o employee". 11/17/2020 (Signature) (Date) STATE OF Florida COUNTY OF Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of L2 physical presence or ❑ online notarization, on f 72Ddate) by f- h (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTAJBL My co NctaryPublic fateofFlorida Michael Ruiz My Commission GG 158855 Expires 12/15/2021 8/31/20 BID PROPOSAL 00110- 7 Ist Street and Bertha Street Roadwav Improvements Proiect DRUG-FREE WORKPLACE FORM The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: Zahlene Enterprises Inc. (Name of Business) 1. Publish 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. Inform such 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. 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), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees 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. 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, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully wit the above requirements. Bidders Si t STATE OF:Florida COUNTY OF: Miami-Dade Subscribed and sworn to(or affirmed)before me, by means of E�physical presence or ❑ online notarization,on (date)by (` ii I a (name of affiant). He/She is�ersonally known to me or has produced (type of identification) as identification. --� NOTARY PUBLIC9� awe My Co m 'ssion Expires: Pu Notary Pub state of Florida ao uiz My Commission GG 158855 8/31/20 BID PROPOSAL 0® 0 Expires 12115/2021 OF� I st Street and Bertha Street Roadway Improvements Project 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 for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Zahlene Enterprises Inc (Proposer's name) nor any Affiliate has bpen placed on the convicted vendor list within the last 36 months. (Signature) (Date) STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of Ef physical presence or ❑ online notarization, on the 1-7 day of Ve , 20 by Q rdan Zen hl efi (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. My Commissi Ex pi ub, Notary Public State of londa Michael Ruiz Fl/ G 158855 NOT T` F ` f&e.12/1512021 ltl�a�Iv 8/31/20 BID PROPOSAL 00110-9 1st Street and Bertha Street RoadwaV Improvements Project SECTION 00110 Bid Bond Zahlene Enterprises, Inc. KNOW ALL MEN BY THESE PRESENTS, that we 11300 NW 97th Avenue, Medley, FL 33178 (Here insert full name and address or legal title of Contractor) Berkley Insurance Company as Principal, hereinafter called the Principal, and 475 Steamboat Road, Greenwich, CT 06830 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Delaware Monroe County Board of County Commissioners as Surety, hereinafter called the Surety, are held and firmly bound unto 1100 Simonton Street, Key West, FL 33040 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. 1 st Street and Bertha Street Roadway Improvements Project WHEREAS, the Principal has submitted a bid for RFP-335-0-2020/la (Here insert full name.address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall-enter a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and Sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of November • 20 20 ` Zahlene Enterprises, Inc. (Witn ) (Principal) (Seal) (Title) b Berkley Insurance Company (Witness) Rita I-Wrides (Surety) (Seal) (Title) Brett Rosenhaus, Attorney-in-Fact 8/31/20 BID PROPOSAL 00110- 10 i No.BI-492e POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made, constituted and appointed, and does by these presents make, constitute and appoint:Brett Rosenhaus or Dale A. Belis ofAcrisure, LLC dba w Nielson, Rosenhaus &Associates of Delray Beach, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed One Hundred Million and 00/100 U.S.Dollars 'r (11S.S100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected r officers of the Company at its principal office in their own proper persons. n This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following ' resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant =' Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seat of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such r attorney-in-fact and revoke any power of attorney previously granted;and further s. RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings, recognizances, -= or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further 3' RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. _ IN WITNESS WHEREOF, the Com 7y has c a u d thes presents to be signed and attested by its appropriate officers and its `; corporate seal hereunto affixed this/ day of. ✓ ,2019. Attest: �/ Berkley Insurance Company (Seal) By / By Ira S.Lederman Je Hafter r, Executive Vice President&Secretary e i r V4c President r WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) _ ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day of , 2019,by Ira S. Lederman and ^' Jeffrey M. Ilafter who are sworn to me to be to Executive Vice President an Secretary, a t e Senior Vice President, ARIA C RUN013AKEN ^; respectively,of Berkley Insurance Company. NOTARY PUBLIC CONNECTICUT [, r, MY COMMISSION EXPIRES f APHIL8D,2024 Notary Public,State of Connecticut CERTIFICATE i I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Pact set forth therein, who executed the bond or undertaking to which this Power of -' Attorney is attached,is in full force and effect as of this date.��� �,�, 1 f Given under my hand and seal of the Company,this I U�t"1\ day of (Seal) Vin ent . Forte I 1st Street and Bertha Street Roadway Improvements Protect Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: Insurance Requirement Limits Worker's Compensation Statutory Limits Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000 General Liability GL4 $5,000,000 Combined Single Limit GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VL3 $500,000 per person; $1,000,000 per occurrence (Owned, hired and $100,000 Property Damage Non- owned Vehicles) or $1,000,000 Combined Limit I understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. Zahlene Enterprises Inc Name of Business Signa Date 8/31/20 BID PROPOSAL 00110- 11 i I o I Q v w -°a 0 LL.I L O 0 F- Q ,m Z p �, ,� O I a� Z) �' m Z V Q N N O Z Lu � o u c ; �. i d' �! N aj V) Q ( � �; c o u Ln z � o Z � I° = Q z ` M i LL. W 0 _ w Ln I� F- ra cc 4 V U 'O Q cn > M J LL (W Q M U tl = LLLL. o � 00 OOl i= a< W � W u OLL i 0 Q ",� w .w LLi w Z �y ,,a I"' N Q Z ZOL} jZA o CID w ? u = W w � -' W4 � o Z Z u I-- J = L N Jk O aa) m `}- LU Z Q , N CO uo L L. V --� z i! w V Dn O w �F Q v L H Z L w O c au W Z C7 � u 0 0 w ! 1 I—LD V �— ° 41 cu GC �. N f fLORID9 d r, + ar � j I O Z Co O H +' l 41 4 Q 0 a, J u L Z O N Ln L W W +� v i Q LL- W v> O i- V) Q m °� o = Z o cn I— 1 N ° Q U IS I � ; � o V� W Q W W w —°�, Z ZW °�° N3M L +� � o U = O a > M C-4 C c Z 00 (�/ Q ON it° 4-1 1 � u O OZ to Z > im `r ,� Q '� W W Z � t; Q N O I LLJ N Q CL W O >- ' O -O c H XQ � W' " ZWZ W W W W U ZLL W Z N O O vim- I � 3 F FL L O ca— J to -� , �, m V Z N a X > ° LL D O ti W o j W Z O �' u O O a •L j LD O � V w co N a Z .N W �U Tj �. ' d ro'iiAlm, i d{,�� �u ail"" � 3 i•�` � r( 1 ray i FDRT- Florida Department of Transportation RON DESANTIS 605 Suwannee Street KEVIN J.TIIIBAULT,P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY May 27, 2020 ZAHLENE ENTERPRISES INC. 11300 NW 97TH AVE MEDLEY, FLORIDA 33178 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2021. However, the new application is due 4/30/2021. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualif±cation/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DRAINAGE, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT- MIXED BITUM. COURSES, SIDEWALK, Curb & Gutter, Lift Station, Rip Rap, Underground Utilities (Water & Sewer) , Underground Utilities (Electrical) . You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3) , Florida Administrative Code (F.A.C.) , by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3) , F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, &A Z�). Alan Autry, Manager Contracts Administration Office AA:cg www.(110t.gOV List of Subcontractors 1. Concrete by M&J 15411 SW 294 Ter, Homestead FL 33033 P: 305-910-1852 F: 305-832-0211 Concretebvmandi(@gmail.com 2. Lines Unlimited, Inc. 1107 Key Plaza#313, Key West, FL 33040 0: 772-345-2520 C: 354-914-6016 F: 772-673-0376 linesunlimited@aol.com 3. ACME Barricades 3400 Burris Road Davie, FL 33314 0:954-321-8205 C:954-895-9891 F: 954-791-0921 tbrady@acmebarricades.com Additional Information as Requested in 5.1 of Specification Section 00100 1. A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) ofowner(s); a. Beatriz C.Zahlene :75%Ownership b. Jordan M.Zahlene :25%Ownership 2. A list of the officers and directors of the entity a. Beatriz C.Zahlene: President b. Jordan M.Zahlene:Vice President 3. The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); a. 22 Years 4. The number of years the person or entity has operated under its present name and any prior names a. 8 Years 5. Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? Please indicate yes or no. If yes, provide details; NO b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? Please indicate yes or no. If yes, provide details; NO c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors,within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? Please indicate yes or no. If yes, provide details; NO d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? Please indicate yes or no. If yes, provide details; NO e. Whether, within the last five years,the owner, an officer,general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director,general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; NO 6. Customer references (minimum of three), including name, current address and current telephone number a. RS&H -for The Florida Department of Transportation Jacki Heart, PE CEI Senior Project Engineer 17 Ships Way, Big Pine Key, FL 33043 0: 954-775-6949 M: 954-775-6949 Jacl<i.Hart@rsandh.com b. Castillo Engineering, Inc.—for The Florida Department of Transportation Andres Diaz Senior Project Engineer 12030 SW 129th Court, Suite 204, Miami, FL 33186 M: 786-877-8572 adiaz@castilloeng.com c. City of South Bay Leondrae Camel City Manager 335 SW 2nd Ave South Bay, FL 33493 P: 561-996-6751 M: 561-914-6673 camell@southbaycity.com 7. Credit references (minimum of three), including name, current address and current telephone number a. Urbieta Oil Co. Carlos L. Lopez Commercial Fuel Specialist 9701 NW 89th Ave Medley, FL 33178 clopez@urbietaoil.com b. Dobbs Equipment, LLC Jose J. Lopez General Manager 4343 NW 77th Ave Miami, FL 33166 0: 305-592-5740 M: 786-376-4481 Jose.Lopez@dobbseguipment.com c. Titan America Juan Retrespo Aggregate Sales Rep.—Titan Florida 11000 NW 121 Way Medley, FL 33178 M: 786-299-7080 0: 954-829-9591 JRestrepo@titanamerica.com 8. Financial statements for the prior three years for the responding entityor for any entity that is a subsidiary to the responding entity. See Attached in Separate Email 9. List Subcontractors a. Concrete by M&J 15411 SW 294 Ter, Homestead FL 33033 P: 305-910-1852 F: 305-832-0211 Concretebvmandi@gmaii.com b. Lines Unlimited, Inc. 1107 Key Plaza #313, Key West, FL 33040 0: 772-345-2520 C: 354-914-6016 F: 772-673-0376 linesunlimited@aol.com c. ACME Barricades 3400 Burris Road Davie, FL 33314 0:954-321-8205 C:954-895-9891 F: 954-791-0921 tbrady@acmebarricades.com 10. A printout from the "Detail by Entity Name" screen from the bidder's listing in www.sunbiz.org and a most recent copy of the bidder's annual report. See attached 11. A copy of the Contractor's Annual Report that is submitted to the Florida Secretary of State. See attached. 11/17/2020 Detail by Entity Name � f Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation ZAHLENE ENTERPRISES INC. Filing Information Document Number P98000014073 FEI/EIN Number 65-0814419 Date Filed 02/12/1998 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/04/2019 Event Effective Date NONE Principal Address 11300 NW 97TH AVE MEDLEY, FL 33178 Changed: 02/19/2014 Mailing Address 11300 NW 97TH AVE MEDLEY, FL 33178 Changed: 02/19/2014 Registered Agent Name & Address ZAHLENE, BEATRIZ C search.sunbiz.org/inq ui rVCorporati onSearch/SearchResultDeta!I?inq ui rytype=EntityN ame&di rectionType=Initial&searchN ame0rder=ZAH LEN EENTERPRIS... 1/3 11/17/2020 Detail by Entity Name 11300 NW 97TH AVENUE MEDLEY, FL 33178 Name Changed: 02/14/2007 Address Changed: 01/29/2018 Officer/Director Detail Name & Address Title President, Treasurer, CFO ZAHLENE, BEATRIZ C 357 POINCIANA ISLAND DRIVE UNIT 1111 SUNNY ISLES BEACH, FL 33160 Title VCEO ZAHLENE, JORDAN MIGUEL 8880 WEST 35TH COURT HIALEAH, FL 33018 Annual Reports Report Year Filed Date 2018 01/29/2018 2019 04/23/2019 2020 06/08/2020 Document Images 06/08/2020--ANNUAL REPORT View image in PDF format ----------------- - 04/23/2019 --ANNUAL REPORT View image in PDF format 03/04/2019--Amendment View image in PDF format 01/29/2018--ANNUAL REPORT View image in PDF format 10/13/2017--Amendment View image in PDF format 02/01/2017--ANNUAL REPORT View image in PDF format 02/19/2016--ANNUAL REPORT View image in PDF format 08/13/2015--AMENDED ANNUAL REPORT View image in PDF format j em-1,cnnhi�nrn/Inns riA'. I fr).f.i I%. rli—innT—InifiinIP--hNnrmOrHar=7A1-4I PNFFNTPPPP IC 9/� 11/17/2020 Detail byEntityName 04/15/2015--ANNUAL REPORT View image in PDF format 09/03/2014--Amendment View image in PDF format i 02/26/2014--ANNUAL REPORT View image in PDF format 02/19/2014--Amendment View image in PDF format -. - ----- _------- 04/24/2013--ANNUAL REPORT View image in PDF format 07/02/2012-- Name Change View image in PDF format 04/19/2012--ANNUAL REPORT View image in PDF format - -- --- - _ _-J 04/22/2011 --ANNUAL REPORT View image in PDF format 05/20/2010--ANNUAL REPORT View image in PDF format ---- - _------ ...... . -- 02/08/2009--ANNUAL REPORT View image in PDF format 02/01/2008--ANNUAL REPORT View image in PDF format 02/14/2007—ANNUAL REPORT View image in PDF format 01/31/2007--ANNUAL REPORT View image in PDF format 01/27/2006--ANNUAL REPORT View image in PDF format 02/21/2005--ANNUAL REPORT View image in PDF format 02/23/2004--ANNUAL REPORT View image in PDF format 01/21/2003--ANNUAL REPORT View image in PDF format j 02/11/2002--ANNUAL REPORT View image in PDF format 02/26/2001 --ANNUAL REPORT View image in PDF format 02/09/2000 --ANNUAL REPORT View image in PDF format j 03/03/1999--ANNUAL REPORT View image in PDF format J 02/12/1998-- Domestic Profit View image in PDF format .. search.sunbiz.org/Inq ui rylCorporationSearch/SearchResultDetai I?inq ui rytype=EntityN ame&di rectionType=Initial&searchN ameOrder=ZAH LEN EENTERPRIS... 3/3 2020 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#P98000014073 Jun 08, 2020 Entity Name: ZAHLENE ENTERPRISES INC. Secretary of State 4297387654CC Current Principal Place of Business: 11300 NW 97TH AVE MEDLEY, FL 33178 Current Mailing Address: 11300 NW 97TH AVE MEDLEY, FL 33178 US FEI Number: 65-0814419 Certificate of Status Desired: No Name and Address of Current Registered Agent: ZAHLENE,BEATRIZ C 11300 NW 97TH AVENUE MEDLEY,FL 33178 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title PRESIDENT,TREASURER,CFO Title VCEO Name ZAHLENE,BEATRIZ C Name ZAHLENE,JORDAN MIGUEL Address 357 POINCIANA ISLAND DRIVE Address 8880 WEST 35TH COURT UNIT 1111 City-State-Zip: HIALEAH FL 33018 City-State-Zip: SUNNY ISLES BEACH FL 33160 1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:JORDAN MIGUEL ZAHLENE V.P. 06/08/2020 Electronic Signature of Signing Officer/Director Detail Date 1st Street and Bertha Street Roadway Improvements Proiect VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Zahlene Enterprises Inc Vendor FEIN: 65-0814419 Vendor's Authorized Representative Name and Title: Jordan M. Zahlene, Vice President Address: 11300 NW 97 Avenue City: Medley State: Florida Zip: 33178 Phone Number: 305-805-6858 Email Address: Jordan@zahlene.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be 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 Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Jordan M. Zahlene , who is authorized to sign on behalf of the above ref enced company. Authorized Signature: Print Name:Jordan M. Zahlene Title:Vice President Note: The List are available at the following Department of Management Services Site: http://Wyyyy.dills.ml;llo1'Ida.com/bL[Slness operations/State pUi*chasin(-,/vendoi- information/convicted suspended discriminatory complaints vendor lists 8/31/20 BID PROPOSAL 00110- 12 Request for Competitive Solicitations For the 1st Street and Bertha Street Roadway Improvements Project RFP-335-0-2020/la ADDENDUM NO. 01 October 13, 2020 The information contained in this Addendum modifies, supplements or replaces information contained in the Project Manual and is hereby made a part of the Contract Documents. The following items are clarifications, deletions, revisions, changes and modifications that change the Project Manual only in the amount and to the extent hereinafter specified and set forth in this ADDENDUM NO. 01. All questions regarding the solicitation should be emailed to the project manager Debra London, Monroe County Engineering Department at the following email address: London-debra(@monroecounty-fl.gov The questions will be responded to via subsequent addendum posted in DemandStar. All other items remain as called for in the documents. End of Addendum No. 01 Competitive Solicitation for I"Street Bertha Street Addendum No. 01 Page 1 of I Request for Competitive Solicitations For the 1st Street and Bertha Street Roadway Improvements Project RFP-335-0-2020/la ADDENDUM NO. 02 October 28, 2020 The information contained in this Addendum modifies, supplements or replaces information contained in the Project Manual and is hereby made a part of the Contract Documents. The following items are clarifications, deletions, revisions, changes and modifications that change the Project Manual only in the amount and to the extent hereinafter specified and set forth in this ADDENDUM NO. 02. Q1. Please provide the project estimate for subject project. A.1. Monroe County Engineering Department does not provide the engineer's estimate. Q2. Revised scope-Venetia Street scope has been eliminated from the project to be completed by existing City contractor, Pipe structure abandonment,filling and plugging has been clarified, Concrete jackets added to connect new pipe structure to existing pipe structure and additional Conflict structure clarifications. A2. The bid sheets have been revised and the following plan sheets have been revised and are both incorporated in Addendum No. 02: 1, 2A, 3, 8, 11, 12, 21, 24, 27, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 47, 48, 51, 52, 53. All questions regarding the solicitation should be emailed to the project manager Debra London, Monroe County Engineering Department at the following email address: London-debra(a.monroecounty-fl.gov The questions will be responded to via subsequent addendum posted in DemandStar. All other items remain as called for in the documents. End of Addendum No. 02 Competitive Solicitation for I st Street Bertha Street Addendum No. 02 -� ZAHEENT-01 KDACRES ,d►cvRo" CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) �.� 12/8/2/8/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karen Dacres NAME: Collinsworth,Alter,Fowler&French, LLC PHONE FAX 8000 Governors Square Blvd (A/C,No,Ext): (A/C,No): Suite 301 E-MAIL DD ESS:Kdacres@Cafflic.Com Miami Lakes,FL 33016 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B:LibertyInsurance Corp. 42404 Zahlene Enterprises,Inc INSURERC:Federal Insurance Company 20281 11300 NW 97th Avenue INSURER D 7 Medley,FL 33178 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MWDD/YYYY MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR TB2Z91470303020 3/26/2020 3/26/2021 DAMAGE TO RENTED 300,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY� JECT1:1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER:Capped$15,000,000 Pollution Liab $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X AS2Z91470303010 3/26/2020 3/26/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE TH7Z91470303040 3/26/2020 3/26/2021 AGGREGATE $ 5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N WC2Z91470303030 3/26/2020 3/26/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Equipment Floater :71 3/26/2020 3/26/2021 Leased/Rented 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: 1st Street and Bertha Street Roadway Improvements License Number:CGC1524754 and CUC1225056 No exclusion endorsement for: Underground,Explosion and Collapse(XCU)see schedule of endorsement form attached. Monroe County BOCC is included as an additional insured with respects to general liability and automobile liability as required by written contract. . ^ By CERTIFICATE HOLDER CANCELLATION 12/8/2 0 2 0 SHOULD ANY OF THE Al THE EXPIRATION Monroe County BOCC ACCORDANCE WITH TDHL, __._, 1 W'3`t13'� ttdChlTlent 100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number T62-Z91-470303-020 Issued by Liberty Mutual Fire Insurance Co. Inventory Coverage Forms/Parts, Endorsements, Enclosures COVERAGE FORMS/PARTS, ENDORSEMENTS AND ENCLOSURES FORMING A PART OF THIS POLICY AT INCEPTION: Form Number/Edition Date Title COMMON POLICY FORMS LIL 90 04 06 13 ANNUAL MEETING NOTICE LC 00 04 08 12 COMMERCIAL GENERAL LIABILITY DECLARATIONS LCS 00 01 05 12 DECLARATIONS EXTENSION SCHEDULE-CLASSIFICATION DESCRIPTIONS LCS 00 02 05 12 DECLARATIONS EXTENSION SCHEDULE LCS 00 04 10 14 COMMERCIAL GENERAL LIABILITY DECLARATIONS- EXTENSION SCHEDULE-NAMED INSUREDS IC 00 42 07 09 Inventory Coverage Forms/Parts, Endorsements, Enclosures IL 00 17 11 98 Common Policy Conditions COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Composite Rate LC 32 448 08 17 COMPOSITE RATE Coverage Endorsement(s) CG 04 35 12 07 Employee Benefits Liability Coverage CG 24 26 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION LC 24 20 02 13 OTHER INSURANCE AMENDMENT-SCHEDULED ADDITIONAL INSURED LC 25 13 08 08 Non-Cumulation of Liability(Same Occurrence) LC 25 19 01 15 DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION COMBINED AGGREGATE LIMITS-WITH TOTAL AGGREGATE LIMIT FOR ALL PROJECTS AND LOCATIONS LC 29 04 08 08 Personal and Advertising Injury-Definition of Publication LC 29 06 08 08 Personal and Advertising Injury-Occurrence Redefined LC 29 08 10 11 Advertisement Redefined LC 99 36 02 13 PREMIUM RESPONSIBILITY ENDORSEMENT LC 04 43 05 12 Commercial General Liability Enhancement For Contractors LIM 99 01 05 11 Notice of Cancellation to Third Parties Additional Insured(s) IC 00 42 07 09 0 2008, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 2 Form Number/Edition Date Title CG 20 10 04 13 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION CG 20 37 04 13 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS CG 20 10 07 04 Additional Insured-Owners Lessees Or Contractors-Scheduled Person or Organization CG 20 37 07 04 Additional Insured-Owners Lessees Or Contractors-Completed Operations TRIA Exclusion(s) CG 21 73 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM CG 26 88 01 15 ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM Other Exclusion(s) CG 21 06 05 14 EXCLUSION-ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY-WITH LIMITED BODILY INJURY EXCEPTION CG 21 47 12 07 Employment-Related Practices Exclusion CG 21 49 09 99 Total Pollution Exclusion Endorsement CG 21 54 01 96 Exclusion-Designated Operations Covered By A Consolidated (Wrap-Up) Insurance Program CG 22 34 04 13 EXCLUSION-CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS CG 22 79 04 13 EXCLUSION-CONTRACTORS-PROFESSIONAL LIABILITY IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement(Broad Form) LC 21 01 0605 Asbestos Exclusion Endorsement LC 21 02 06 05 Silica Exclusion Endorsement LC 21 04 06 05 Discrimination Exclusion LC 21 06 06 07 Lead Exclusion LC 21 62 08 07 Exterior Insulating Finish System(EIFS) Exclusion LC 21 68 10 11 Residential Construction Operations Exclusion LC 21 87 10 11 INTERCOMPANY CLAIMS EXCLUSION LC 21 91 09 12 FUNGI OR BACTERIA EXCLUSION (LEGIONELLA BACTERIUM EXCLUDED) State Mandatory CG 02 20 03 12 Florida Changes-Cancellation and Nonrenewal NOTICE(S)TO POLICYHOLDER CNL 90 01 10 13 IMPORTANT NOTICE TO POLICYHOLDERS-PREMIUM DETERMINATION - SUBCONTRACTORS SNI 09 02 06 16 Risk Control Services- Important Information for Florida Policyholders SNI 09 06 01 15 TERRORISM RISK INSURANCE ACT SNI 04 01 01 20 LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE SNI 90 01 12 18 POLICYHOLDER NOTICE-COMPANY CONTACT INFORMATION IC 00 42 07 09 ©2008, Liberty Mutual Group of Companies. All rights reserved. Page 2 of 2 *Document being re—recorded to include the contract date. Doc 2294564 Bkk 3062 Pgk 321 Recorded II 11,20202:01 PM Page 1 of3 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK,CPA FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO. 0215796 CONTRACTOR: Zahlene Enterprises,Inc. 11300 NW 97th Avenue Medley, FL 33178 (305) 805-6858 SURETY: Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 (203) 542-3800 AGENT: Nielson, Rosenhaus& Associates 220 Congress Park, Suite 100 Delray Beach, FL 33445 (561)454-8210 OBLIGEE: Monroe County Board of County Commissioners 1100 Simonton Street Key West, L 33040 (305)292-4453 PROJECT: 1st Street and Bertha Street Roadway Improvements LOCATION: 1st Street and Bertha Street,Key West,Monroe County,Florida Dock 2300670 Bkk 3070 Pe 2046 Recorded 1;25,2021 8.44 AM Page l of 3 iv Filed and Recorded in Official Records of `/ MONROE COUNTY KEVIN MADOK.CPA I"Street and Bertha Street Roadway Improvements Project Bond No.0215796 SECTION 00850 PUBLIC CONSTRUCTION BOND BY THIS BOND, We Zahlene Enterprises, Inc. ,as Principal and Berkley Insurance Company ,a corporation, as Surety, are bound to Monroe County Board of County Commissioners , herein called Owner, in Four Million Six Hundred Ninety-Four Thousand the sum of $4,694,999.99 Nine Hundred Ninety-Nine&99n00 Dollars , for payment of which we bind ourselves, our heirs, personal representatives,successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the contract dated January 20, 2021 ,NM, between Principal and Owner for construction of: lrt Street and Bertha Street Roadway Improvements Project Key West Monroe County,Florida 1. The contract being made a part of this bond by reference, at the times and in the manner prescribed in --the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract;and 3. Pays Owner all losses, damages, expenses,costs,and attomey's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract;and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract,then this bond is void; otherwise it remains in full force. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sec. 255.05(2) Florida Statues. 6. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contractor the changes does not affect Surety's obligation under this bond. Dated January 20, 2021 Zahlene Enterprises, Inc. (Name of Principal) By --- (As Attorney Berkley Insurance Company (Name of Surety) mug— By Brett Rosenhaus,Attorney-in-Fact END OF SECTION 00850 8/31/20 PUBLIC CONSTRUCTION BOND 00850-1 I No.BI-492e POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY(the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted - and appointed,and does by these presents make,constitute and appoint:Brett Rosenhaus or Dale A.Bells ofAcrisare, LW dha 2 s Nielson,Rosenholm&Associates of Delray Beach, FL its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertaldngs, with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed One Hundred Million and 00/100 U.S.Dollars (U.SSIO0,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief o 12 - Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant _ o Secretary are hereby authorized toexecute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings,recognizances, or other suretyship obligations on behalf of the Company, and to affix the s -- corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such c attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances, = c or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the -d -.`, manner and to the extent therein stated;and further SOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any = power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have - ceased to be such at the time when such instruments shall be issued. - IN WITNESS WHEREOF, the Comply has can,sed thesra presents to be signed and attested by its appropriate officers and its - corporate seal hereunto affixed this/z/rday of Aline r,Ca/ ,2019, F. Attest Berkley Insurance Company /.� (Seal) By By , Ira S.Ledenhen 7� ,n1 Halter Executive Vice President&Secretary t•r • e President WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) cc ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this) f day ofA/yabrtfj✓, 019,by Ira S. Lederman and - _ Jeffrey M. Rafter who are sworn to me to be the Executive Vice President Secretary, Senior Vice President, respectively,of BerklInsurance Company. MhNIxAR PUBIC x ^�p2�9e P Y NOTARY PUBIC /' --�, CONNECTICUT (�'ff.. '.+ MY COMMISSION EXPIRES i wNa W.2024 Notary Public,State of Connecticut CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a <. r true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded v and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this data Given under my hand and seal of the Company,this day of (Seal) „ 1 .7 III yin ent •.Forte Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety is a member company of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company.