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Item F24
F.24 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: F.24 Agenda Item Summary #11320 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305) 295-4306 N/A AGENDA ITEM WORDING: Approval to award bid and approve a contract with American Empire Builders Inc., the lowest and only responsive bidder for the Seaview Drive Bridge (4904606) Replacement Project on Duck Key in the amount of$5,260,000.00. ITEM BACKGROUND: The Seaview Drive Bridge (4904606) Replacement Project was advertised for bids on August 18, 2022. One bid was received on October 5, 2022 with American Empire Builders Inc., being the lowest and only responsive bidder, for$5,260,000. PREVIOUS RELEVANT BOCC ACTION: In August 2020 the BOCC approved a task order with Kisinger Campo and Associates, Corporation for Engineering Design and Permitting Services for the Seaview Drive Bridge Replacement Project. CONTRACT/AGREEMENT CHANGES: New contract STAFF RECOMMENDATION: Approval of contract. DOCUMENTATION: {SIGNED}AEB Seaview contract-signed FINANCIAL IMPACT: Effective Date: 11/15/22 Expiration Date: 540 days after Notice to Proceed is issued. Total Dollar Value of Contract: $5,260,000 Total Cost to County: $5,260,000 Current Year Portion: $3,945,000 Packet Pg. 1456 F.24 Budgeted: Yes Source of Funds: 27007SC 00122 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Judith Clarke Completed 10/26/2022 11:00 AM Christine Limbert Completed 10/26/2022 12:07 PM Purchasing Completed 10/26/2022 3:35 PM Budget and Finance Completed 10/28/2022 2:01 PM Brian Bradley Completed 10/31/2022 10:36 AM Lindsey Ballard Completed 10/31/2022 11:17 AM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg. 1457 F.24.a Standard Form of.Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the day of in the year of Two Thousand and Twenty Two. 2 0 BETWEEN the Owner: Monroe County Board of County Commissioners("BOCC") 1100 Simonton Street Key West,Florida 33040 ('Owner") And the Contractor: American Empire Builders, Inc 13775 SW 145t' CT., Suite B 0 Miami, Florida 33186 ("Contractor") 0 CL CL For the following Project: Seaview Drive Bridge (#904606)Replacement Project Duck Key Monroe County,Florida ("Project") c� 0 Oversight for Owner: WSP USA INC. 7650 Corporate Center Drive, Suite 300 Miami,Florida 33126 Engineer: Kisinger Campo &Associates 201 North Franklin Street Suite 400 Tampa,Florida 33602 c� Packet Pg. 1458 F.24.a The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement 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. 0 Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized 0 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 mail,return receipt requested, to the following: 4- 0 Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County CL CL 1100 Simonton Street, Room 2-216 Key Nest,Florida 33040 P For the Contractor: Anthony Gonzalez American Empire Builders, Inc. 13775 SW 1451h CT., Suite B Miami, Florida 33186 en ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: 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 Seaview Drive Bride #904606 Replacement Project ARTICLE 3 Packet Pg. 1459 F.24.a Date of Commencement and Substantial Completion 3.1 The date of commencement 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 0 540 days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. 0 LIQUIDATED DAMAGES 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 on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31'DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY 0 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 Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform,changes in cost or availability of materials,components,or services, market conditions, or supplier actions or contract disputes will not excuse performance by Packet Pg. 1460 F.24.a 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 Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance, The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine, ARTICLE 4 Contract Sum 2 0 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Seaview Drive Bridge (#904606)Replacement Project,the Contract Sum of FIVE MILLION TWO HUNDRED SIXTY THOUSAND 0 DOLLARS, ($5,260,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any,which are described in - the Contract Documents and are hereby accepted by the Owner: None 0 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments c� 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall malce progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. > 5.2 The period covered by each Application for payment shall be one 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. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the 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. Packet Pg. 1461 F.24.a 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Live percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be 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. 0 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent(5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 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 amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total 0 payments to Nine . -five percent (951/o) 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 Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when(1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph Packet Pg. 1462 F.24.a 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. 2 0 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 0 7.3 Temporary facilities and services: None. 4- 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. 0 CL CL 7.5 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). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from U, County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no 0 determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" 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 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 LO 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 contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: Packet Pg. 1463 F.24.a a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this 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 determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. 2 b) Right to Audit: Availability of Records. The records of the parties to this 0 Agreement relating to the Project, which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements);backcharge logs and supporting 4- documentation; general ledger entries detailing cash and trade discounts earned, o insurance rebates and dividends;any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other CL agreements, sources of information and matters that may 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 and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, LO and contractors'representatives. All records shall be kept for seven(7)years after Final Completion. c} Governing Law, Venue,Interpretation, Costs,and fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. Packet Pg. 1464 F.24.a 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,covenants,conditions and provisions of this Agreement,shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. LO e) Attorney's Fees and Costs: The County and Contractor agree that in the event 0 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 0 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. 0 f) 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 Iegal representatives, successors, and assigns. g) Authority: Each party represents and warrants to the other that the execution, U) delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 0 U h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of 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 discrimination has occurred, LO 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 ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;3) Section 504 of the Rehabilitation Act of 1973, Packet Pg. 1465 F.24.a 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 290ee- 3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title V111 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 Il,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 0 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 performance under this Agreement,and that only interest of each is to perform and receive benefits as recited in this Agreement. CL CL 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 he/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. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 020-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also,in its discretion,deduct from the contract or purchase price,or otherwise recover the full amount of any fee,commission,percentage,gift, or consideration paid to the former County officer or employee. 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 malting of this Agreement. For the breach or violation of the provision, the Packet Pg. 1466 F.24.a Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration. m) 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 0 entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 4- 0 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. 119.0701 and the terms and conditions of this contract, the Contractor is CL CL required to: < (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records 0 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. LO (4) Upon completion of the contract,transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (S) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records,the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. Packet Pg. 1467 F.24.a If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under sectiont 19.10,Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAIiTAMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 111112TH Street, SUITE 408,KEY WEST, FL 33040. 0 n) Nora-Waiver of Immunity: Notwithstanding the provisions of See. 768.28, CL Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain g' any provision for waiver. o) Privileges and Immunities: All of the privileges and immunities from liability, 0 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. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. Packet Pg. 1468 i F.24.a q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder,and the County and the Contractor agree that neither the County nor the Contractor or any agent,officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 2 0 s) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of 4- counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement 0 by signing any such counterpart. u) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. c� v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. 0 w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,the Contractor covenants and agrees that he LO shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, 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, damage, fine, 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 COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's 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 performance 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 circumstances that occur during the term of this Packet Pg. 1469 F.24.a Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims LO are brought or actions are filed against the County with respect to the indemnity contained herein, � the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or fled. The Contractor agrees that the Colulty may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The 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. 0 x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR CL 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 claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right U, to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of 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 cu 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) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation,execution,performance,or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 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 Packet Pg. 1470 F.24.a Monroe County Board of County Commissioners, its employees and officials as "Additional Insured"on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns:The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe 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. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. c� 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise,with or any rights in favor of, any third party. 4- 7.10 Americans with Disabilities Act of 1990(ADA)-The CONTRACTOR will comply with o all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. CL 7.11 E-Verify System -Beginning January 1, 2021, in accordance with F.S. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new U, employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the work authorization 0 status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE S Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions, Packet Pg. 1471 F.24.a Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated July 2022 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. c� 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: 4- As listed in Table of Contents, Section 00001 of the Project Manual for this project. o 0 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different CL date is shown below: Roadway Plans,Kisinger Campo and Associates,22 Sheets, June 2022 Signing and Pavement Marking Plans,Kisinger Campo and Associates, Sheets S1-S4, June 2022 s Structural Plans,Kisinger Campo and Associates, Sheets B1-B29, BWI-BW13,and BXI- BX 13, June 2022 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents 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 00110. See Article 1. c� Packet Pg. 1472 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. as 0 (SEAL) BOARD OF COUNTY COMMISSIONERS 12 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDAas -0 By: By > As Deputy Clerk Mayor/Chairman co Date (SEAL) AMERICAN EMPIRE LDERS,INC. 0 Attest: By: By: VU 4- 0 f\ "a Title: Title: > 0 CL r CL e < MONROE COUNTY ATTORNEY & Q . P'p 0 R4'� %PPR?V4,D AS TO F CHP.ISTINF-.'LIMBPit'r-BARROW.% SEAL E ASSISTANT COUNTY ATTOM-Y: DATF 10/25/22 ............. 0 0 .LD (D W W z (D E 0 Packet Pg. 1473 F.24.a 89.,nvlow Driva Brldo.@(920dfiQfi)HonLnoiimont Prnient NON-COLLUSION AFFIDAVIT 1, ANTONIO M GONZALEZ of the city of--.M.IAMI......._ according to law on my oath,and Under penalty of porjwy, depose and say that; i, I aln ANTONIO M, (30N,ZALEZ-PRESIDENT of tho flrihh of AM.ERICAN EMPTRE B II~;Dgl INS, ,the bldd�i�iahalcing tlha i-roposal for tile project described in the Request for Cohnpotitive Solicitations for; Neflvlew Drlvo fridge(004606)Roplacesnout Project Monroe County,Florida and that I executed the sold proposal with fill authority to do so.; 2,) tlho prices in this bid have been arrived at Independently without coiltislon, consultation, � communication or agrectuent for the purpose of restricting cosnpotitlon, no to ally matter relating to such process with any other bidder or wltih any competitor; 0 3,) Guiles 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 arhd will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to ally other bidder or to any competitor;and 0 4,) no att®snpt has been lnaddo or will bo mado by the bidder to Jnduco any other person, partnership or corporation to subhnit, or not to submit, a bid for the purpose of restricting cohrhpetitlohh; . 5) the st Inents contained.in this affidavit are truo and correct, xW hnadc with Mill luwwledge tha. nroo County relies upon the truth of the statements contalmd In this affidavit in ar 'Ig contras fo° aid project g' c� (dig n ur f iiddar Gate) STATE ON jI�71�1� _ t OUNTY OF. MIAMI DADE Subscribed and sworn to (or affirfahed)before me, by means of p�cal presence or 0 online notarization, of)r k T (date)by 6,r4k=dMg=' (name of affiant).Nhe is personally known to mu or has .produced - (type of Identification) as id+�ntificatioih, , Nataq Auhfla Owe at Flonda __..--- Anallsa Arh a ti ' MyComm105onHM p foaeoa QTARY .. .BLUC My comint. i ira�ffla 01"202s July 2022 BlD PROPOSAL 000110.8 Packet Pg. 1474 F.24.a 8paylay OdaHdd, 0, O� ulaaaum l}rniaatl}rniaaC LOBBYING AND CONFLICT OF INTEREST CLAUSE WORN STATEMENT 11r ENT UNDER ORDINANCE NO. 010.1990 MONROE COUNTY, VLORIAA AMERICAN warrants that it has not employed,ratalncd or otherwise had not on its behalf my former County officer or employee subject to the prohibition of Section 2 of Ordinance No, 010.1990 or ally County officer or 0111ployee in vlolation of 8e0000 3 of Ordinance No. 010-1990, For breach or violation of this provislon,the County may, In its discretion, terminate this contract without liability and may also, In its discretion, deduct fraaal the contract or puraimse price, or 1101 be re v r,the full amount orally fee, percentage, gift,or consideration paid to the for .,1c or eialpi yse -_ 10/05/2022 - r STATE OF., FLORID � COUNTY OF; Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarisation, on L Cjhw.,al 22, (date) b (name of affiant). &She l"r�o�nlly. known to me or has produced (type of identification) as all Identification, n� ICT lY PUS y41d�{Il 1k3�1 1�Qt l�6ilIEi9 My Commission Expires; Amuse Arepe " My Gommisolon HH IOC expir tlAl(M112021) _ NOTARY PUBLIC E My coraini881011 expires: July 2022 BID PROPOSAL 000110-9 Packet Pg. 1475 F.24.a Qelve riclue(�190dBOC]agplaplpfilt Pw1ut DRUG-FREE WORKPLACE FORM The undersigned Contractor In accordance with Fl,Statute 287,087 hereby certifies that; AMERICAN PMPIIE BUILDERS,INCi (Name of Business) n 1, Publish a statomorit notlf&g employees that the wilaw it manufacture, distributlon, dispensing, possesslon, or use of a controlled substance Is prohlbited in the workplace and syac#fying the actions that will be taken against employees for violations of'such prohibition, 21 21 Inform such employees about the dangers of drug abuse In the workplace, the business's policy of maintaining a drug-five workplace, any available drug counseling, rehabilitation, and employee 0 assistance programs,and the penalties that may be imposed upon omployaw Tor drug abuse violations, c� 3. Give each employee engaged#n providing the commodit#es or contractual services that are under bid a copy of the statement specified In subsections(1), 0 h, In ilia statement specified In subsection (I), notify the employees that, as u condition of working corn the commodities or contractual services that are under bid, the emplvyeas will abide by the terns of the statomennl and will notify the 0113pioyer of any convictlonn of,or flea of guilty or nolo contendere to, any violation of Chapter 993(:Florida Statutes)or of any controlled substance law of the United States 0 or any state,for a violation occurring In the workplace.no later than flvo(5)days after such conviction, 0 L_ CL 51 Impose a sanction on or require tine satisfactory participation In a.drug abuse assistance or CL rehabilitation prograina If such is avallable In the ontp10yae10 Community, or any employee who Is so convicted. N, Mary a good falth effort to continue to Maintain a drug-free workplace through implementation of P tills section, As a person authorized to sign the statement,I eartify that this finnn con les; witl above requirements, c� Iddar'zq Signature STATE OFF �� .�� � ..� COUNTY OF; MIAMI-DADE Subscribed and sworn to(or affirmed) before me,by n aaas of p�'"1 y Icai prosance or 0 onlins notarization, rn Oil . (date) by (llama of trMant She Is inarsonally r has produced (type o dantiflcatlo- n)as Identiflcation, Ao- + Y n +�gi�aly p si sw ten on i lor�d� TA-V t' I A",a, A'ba� ' '' anP as 04=2203 teases My Commission Expires: 4!Ik July 2022 BID PROPOSAL 000110.10 Packet Pg. 1476 F.24.a PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity orime 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 subunit 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 thv threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the elate of being placed on the convicted > vendor list." I have read the above and state that ncithorAMBRICAN 1 MPM. BUILDERS,INC(proposer's 11acljo) � nor an b n placed on the convicted vendor list within the last 36 months. 10/05/2022 nature) (Date) 4- STATE OF: 0 taOi;JNFY OF: Ah&-J2ApB CL Subscribed and sword to(or affirmed) before cue,by ineans of ea;l resence or 0 o�nlinD Y p notarization,on the day of 2022,by amo of a:fiiant). lshe 1s_person&known to nee or has praduced (type of Idendricationn)as identification. n� My nnrnissi cpix' Nolary PuNja swie d Flown /nulls At, n VVV NOTA Y PUBL,I c� July 2022 BID PROPOSAL mm 00011.0-11 Packet Pg. 1477 F.24.a i SECTION 00110 I I'd Bond KNOW ALL MP.b!BY THESE PRESENTS,that vie Americanjn Ire Builderc,Inc,,13771i S,W,1h51h Court;Suite f,Micml,FI.33198 (Here lnpuil 1]lll 11111110 mild addru)i or logo]tlllu of C0110'0e190 as Principal,hereinafter called the Principal,and N9M AOQJ 19w9bloomad a§j,gulip 449Q,Aggkogy1fle,FL32246 (l-lara lnsert full oftmo Pill PddrusP of lugol tllle of Surury) a Corporation duly organized lnadcrthe laws oftho Stato of FL _ 21 as Surety,hereinafter Called the Surety,are held and firmly bOUnd unto NQ�LoeCounty ([lure Insert rloll nAine Pod oddrm or Wanl t1lto of UW1100 2 as Obligee,hereinafter called the Obligee,In the suns of Elyg P r ent QfAMOU01 Old 0 c� -'Dollars( L 1W,e,n�. _ ), 0 for tine paylaaerat of which suraa well and truly to be made,the said Pdraclpal and tale said Surety,Pind ourselves, our heirs;,executors,administrators,successors and assigns,,jointly and severally,Brolly by these presents, WHEREAS,the Principal[ins submitted a bid for, GORDON,6.0aAm-. (flare lnan full nsnie,Warta illy]deseriplion orprOjai.) 0 NOW, THEREFORE, If tile Obligee s110I.1 accept the bid of the Principal alld the Principal shall-enter a Contract with the Obllgee In accordance with the terms of such bid, and give such bond or bonds as may be CL CL specified In the biddi►ak or Contract documents with good and sufficient surety for the faithful performance of such Contract an4 for file prompt payment of labor and material furnished in the prowcution thorcof,or In the ownt of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal oball pay to the pblfgee the difference not to exceed tile penalty hereof`botween file amount specfflad in said bid sad gr such larger amount f'br which the Obligee may in good faith contract with another party to perforin tile! covered by said bld,then this obligation shall be mill and void,otherwise to remain In full farce and effect; , S ig 6 this�� th day of 9atober 2Q.2 , merle =in I Sul l s a - (Pr' - (goal) Title) _ a NGM Insurance Com an (Witness) Alicia James (Surety) , (Seal} (t'itia) Ian A,Nipper,Attorney-in-Pact c� July 2022 BID PROPOSAL a� 000110.12 Packet Pg. 1478 F.24.a Bidder's Insurance Statement The Insurance requirements are set forth In Section 00900 of the project manual as Follows: 1111ua'lee Reg-911- rut WWI Worker's Compensation Statutory Limits Employer's Liability WO $1,000,000/$1,000,000/$1,000,000 General liability GL7 $5,000,000 Combined Single Limit Vehicle Liability 0 4- (Owned, hired and Non- owned Vehicles) 0 c� VLF $500,000 per person; $1,000,000 per occurrence $100,000 property Damage or $1,000,000 Combined Limit 0 0 I understand the insurance that will be mandatory if awarded the controct and will comply in fall with all these requirements, All insurers shall have an AM,Best rating of V1 or betterand shall be li d to do business in tho state of Florida, U, c� M t�_ ERICAIV �MPif�l �UILt]I�l��. il•!O. 10/5/2022 e0t'Busirross flaturc - Date E c� July 2022 BID PROPOSAL 000110.13 Packet Pg. 1479 • - �, F.24.a 5 NGM.INSURANCE COMPANY POWER OF ATTORNEY Amam4w4fihaMldn BUcatllmoRCA(3+r+uA KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company,a Florida corporation having its principal office in the City of Jacksonville,State of Florida,pursuant to Article IV,Section 2 of the By-Laws of said Company,to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto,bonds,recognizances, contracts of indemnity or writings obligatory in the nature of a bond,recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them, does hereby make,constitute and appoint Jarrett Merlucci,Charles D.Nielson,Joseph P.Nielson,]David R.Hoover, 21 Charles J.Nielson,Ian A Nipper,Brett Rosenh aus--------•-- y its true and lawful Attorneys-in-fact,to make,execute,seal And deliver for and on its behalf,and as its act and deed, bonds,undertakings,recognizanoes,contracts of indemnity,or other writings obligatory in nature of a bond subject to the 0 following limitation: c� 1. No one bond to exceed Ten Million Dollars ($10,000,000.00) and to bind NGM Insurance Company thereby as fully and to the sarne,extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company;the acts of said Attorney are hereby ratified and confirmed. � This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. 0 Voted: That the signature of any officer authorized by the By-Laws and the company seal may he affixed by 7 facsimile to any power of attorney or special power of attorney or certification of either given for the execution of 0- any bond,undertaking,incognizance or other written obligation in the nature thereof; such signature and seal,when CL CL so used being hereby adopted by the company as the original signature of such office and the original seal of the company,to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,NGM fusuranoe Company has caused these presents to be signed by its Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020, NGA4 INSURANCE COMPANY By: �� ',A0 An, 23 Iimberly K.Law 0 Vice President,General Counsel and Secretary State of Florida, County of Duval. On this 7th day of January, 2020, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified,came Kimberly K.Law of NGM Insurance Company,to me personally known to be the of o r described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company,aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company;that Article IV,Section 2 of the By-laws of said Company is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal at Jacksonville,Florida this 7th day of January, 2020. t�ery Pulln$mtwgPpsrta � L�fNILPendon 11ti Wulf I,Nancy Giordano-Ramos,Vice President of NGM Insurance Comptury,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WH EREOF, I have hereunto set my hared and affixed.the;seal of said Company at Jacksonvil e,Florida this 6th „„,day i1f October a 2022 1 dA s> Ir�a ,�--r•,- wA[21VIrlr:Any unautkorizcd rcptndtiction or altoratlort of this docuntcaic is Irrohibitod. TOCOIJ17 MVALIDITYoftiro°t1wlscd1)ondploasucall1-800�225-5646. TO SUBMIT A CLAIM:Send all correspondence to 55 West Wad,Keene,M-103431 Attu;Bond Claims, Packet Pg. 1480 F.24.a 80nulow.,1 r-1yo -ridua ft19QAfiQbl 13a13anlr�eanro_ wit Pini Project Description(s); SEAVI W DIUU BRIDGE#904606 REPLACEMBNT VROYEQ MONR2H COUNTY,1 L. Respondent Vendor Name: AMERICAN E1yli'I BUII,AERS,II<1C. Vendor FEIN: 75-2993152 Vendor's Abuthorized Ral)resentativv Nance and Title, 61�TToN C��NzALEz Address;- � sw 14511,C1,,STg —_ - - City; NMI State, � . It t zip; 33186 Phone Number; 305.261.9276 Email Address; c ��►�a Section 287,135, Florida Statutes prohibits a company from. bidding on, submitting a proposal for, or entering into or renewing it contract for goods or services of ally amount if, at the tine 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 goads or services of$1,000,000 or more, that are on either tine Scrutinized � Companies with activities in Sudan List or the Scrutinized Companies with ,Activities in tine Iran Petroleum Energy Sector Lists which were created pursuant to s, 215.473, Florida Statutes, or is O engaged In business operations in Cuba or Syria. As the person authorized to sign pan behalf of Respondent, .I hereby certify that the com any 0 Identified above In the Section entitled "Respondent Vendor Name" is not listed oil the, Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities In Sudan List, the Scrutinized Companies with ,Activities In the Iran Petroleum Energy Sector List, or engaged In business operations In Cuba or Syria, .I understand that pursuant to Section 287,135.,Florida.Statutes, the subralssion of a else certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if tilt company is found to 0 have submitted a false certificatlon or has Won placed on the Scrutinized Companlcs that Boycott Israel.List or engaged In a boycott of Israel or placed 9n the Scrutinized Companies with Activities in Sudan List or the Scrutlni=d Cpmpanies with Activities In the Iran Petroleum Energy Sector List or been engaged In business o orations in Cuba or$ ria, Cartlflcd ley; &'�ON1OMQQNZAMZ-PARDENT who is authorized.to sign on bola bo r lonced oinpany. - - - Authorized Signature; Print Name: ANT 0 M,GONZALEZ Title; Note:The List are available at the following Department of Management Services Site; ..i. ............ Ii�1a' �l July 2022 -- DID PROPOSAL 000110-14 - Packet Pg. 1481 F.24.a Ne"viewllrin Bride( 04606)RoplAoeme»t Praiect SECTION 00163 PRE,-13113 SUBSTITUTIONS PART 1 -GENERAL 1.1 DOCUNIENT INCLUDES; Pro-Bid Substitutions 1.2 BIDDER'S OPTIONS A. For products specified only by reference standard,select product meeting that standard,by any manufacturer. B. For products specified by naming several products or manufacturers,select one of products and manufacturers named which complies with the Technical Specifications. 2 C. For Products specified by naming several products or manufacttmvrs and stating "or cquivalent", "or equal", or "or ArchitectlEaginoer approved equivalent", or similar wording, submit a request as for substitutions,for any product or manufacturer which is not specifically 0 named for review and approval by the Director of Engineering Services. D. For products specified by naming only one product I manufacturer,there is no option and no substitution will be allowed. 4- 0 1,3 SUBSTITUTIONS y 0 CL A. Base Bid shall be in accordance with the Contract Documents, CL 1. Substitutions for products may be made during the bidding by submitting completed substitution request form and substantiating product data/literature a minimum of ton a calendar days prior to the Bid Date to the Director of Engineering Services. c� 2. The Director of Engineering Services will consider requests utilizing this section from the Bidder for substitution of products in place of those specified. U 3. Those submitted 10 calendar days prior to Bid Dato shall be included in an addcndurn If acceptable. 0 4. Substitution requests may be submitted utilizing a facsimile machine(FAX)if substitution request forms and substantiating data are submitted. B. Submit separate request for each substitution. Support each request with; 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product ident'Ification,including manufacturer's name and address. c� b. Manufacturer's literature,identifying: 1. Product description. 2. Reference standards. 10/05/2020 PRE-BID SUBSTITUTIONS 000163-1 Packet Pg. 1482 F.24.a Sca�ie_ +���_�xi[1gQ(#902GOG)Re�]acamraitProjec 3. Performance and test data. c, Samples,as applicable. d. Name and address of similar projects on which product has been used and date of each installation, 2. Itemized comparison of the proposed substitution with product specified,listing Significant variations. 3. Data rotating to changes in construction schedule. 21 4. All eBects of substitution on separate contracts. 5. List of changes required in other work or products. G. Designation of required license foes or royalties. 0 7. Designation of availability of maintenance services,sources of replacement materials. � C. Substitutions will not be considered for acceptance when; I. Acceptance will require substantial revision of Contract Documents. - 2, In the judgment of the Owner or Director of Engineering Services,the substitution does not include adequate information necessary for a complete evaluation, CL CL D. The Director of Engineering Services will determine the acceptability of any proposed substitution. 2M 1,4 BIDDEIVS REPRESENTATION c� A. In malting formal request for substitution the Bidder represents that: 0 c� 1. They have investigated proposed product and has determined that it is equivalent to, or superior in all respects to that specified, 2. They will provide same warranties or bonds for substitution as for product specified, LO 3. They will coordinate installation of accepted substitution into the Work,and will make such changes as may be required for the Work to be complete in all respects. 4. They waive claims for additional costs caused by substitution which may subsequently become apparent. S. Cost data is complete and includes related costs Linder their Contract,but not: a. Costs under separate contracts. b. Director of Engineering Services' costs for redesign or revision of Contract Documents. 10/05/2020 PRE-BID SUBSTITUTIONS 00016.1-2 Packet Pg. 1483 Seaviow Drive Brif1m W46063 tteplacsment Project 6. Cost data need not be submitted,if request is for inclusion in an addendum. 1.5 DIRECTOR OF ENGINEERING SER'VICES`S DUTIES A. Review requests for substitutions with reasonable promptness. B. Issue an addendum to identify accepted substitutions. C. Substitution requests that air;not approved will be ixettxrned to the party submitting the request, , 1.6 SUBSTITUTION REQUEST FORM A. The form is attached to this Section. B. Substitutions will be considered only when the attached forth is completed and included with the submittal with all required back-up data. c� 0 c� 4- 0 0 CL CL 2M U) t 0 c� 4i c� 10/05/2020 PRE-BID SU13STITUTIONS 000163-3 Packet Pg. 1484 F.24.a Sodow Drive Brid ggg(4904 06)Replacement Project "NO CHANGE" SUBSTITUTION REOXIEST b[3nM i ' TO: Director of Engineering Services Monroe County Engineering Department 1100 Simonton Weet Key West,Florida 33040 Ph:(305)295-4329 FAX: (305)295-4321 We hereby submit for your consideration the following product instead of the specified item for the above , project: DRAWING NO. DRAWING NAME SPEC.SEC. SPEC.NAME PARAGRAPH SPECIFIED ITEM 0 c: Proposed Substitution• ^T__ 0 c: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation, 4- 0 Submit with request necessary samples and substantiating data to prove equal quality and performanco to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance, CL CL The undersigned certifies that the function,appearance and quality ate of equal performance and assumes liability for equal performance,equal design and compatibility with adjacent materials, Submitted By: Signature Title 0 Firm Address City/State/Zip Code Telephone Date Signature shall be by person.having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Engineer: Approved __Approved as noted Not Approved Reed too late insufficient data received lay 10/05/2020 PRE-BID SUBSTITUTI{lNS 000163-4 Packet Pg. 1485 i F.24.a e vi 1]ri Hri we{#90460� plac�meut Prn9ecl �� HANGE�� Date Fill in Blanks Below: A, Does the substitution affect dimensions shown on Drawings? Yes Na if yes, clearly indicate changes, B. Will the undersigned pay for changes to the building design,including engineering and detailing costs caused by the requested substitution? 21 Yes No if no,fiflly explain; 2 0 4- c� C. What effect does substitution have on other Contracts or other trades? 0 c� D. What effect dons substitution have on construction schedule? 4- -- — 0 E. Manufacturer's warranties of the proposed and specilxad items aro: CL CL Same Different. Explain,_ F. Reason for Request: P G. Itemized comparlson of specified item(s)with the proposed substitution;list significant variations: c� H. Designation of maintenance services and.sources:(Attach additional sheets if required). 0 END OF S1;CTION 00:163 c� 10/05/2020 PRE-BID SUBSTITUTIONS 000163-5 Packet Pg. 1486 w :.. ; d 04 Ilk -. • �� ,� .: ,, � �t,5 try F�'..( � ,. e 4 �� EE lid ayh 7 t y' i Y it w _ i >tP 1 � p } y F.24.a O c� Local Business Tax Receipt Miami-Dade Caurlty,State of Florida MTHIS ISNOTA1311- DONOTFAY LBT :2 5046521 aRBcsrPT NO. .0 RENEWAL Btl$INEl90 hrlkMElLOOATION 52t39311 1EPI R ES O AM RICAN EMPIRE BUILDERS INC; SEPTE,MBER 30, 2023 1$775 SW 145TH C'r STE B Must be displayed at place of business MIAIVII,FL 33186 Pursusntto County Code CL Chapter aA—Art.9&ip O1t9NEFt 660.TYPG OF BUSIN136S pAYfSeIeiVT RECEIVED 99 AMERICAN EMPIRE BUILDERS INC 1gS Ga WRAL.BUILDING BY Taut COLLIMrol; �y CIO ANTONIO M GON7ALEZ CONTRACTOR 7rr.00 OB11212022 C311AI IFIFft Warkur(a) 2 CGC1504511 INT 22-411294• This Leant Rmsisoss Tox Receipt onlynontirmx payment sf Tht Laval 4nslncssTax.Tha Rocelpt Is meta license, panalG ar a csriffication d lm holdore qual'dicatiens,to do businoss.Rnldarfnast comply with any governpmntnl O of nongovernmental regulatory laws and aloquframentswhiolt apply Iotfls 8ushtcss, ThD RECEIPT NO.nheva must ha dlepinvetl an all commordni WiTolos,Nlaml—Dada Cade Sac&47& rglAMl• of parmsrsinfonnation,rsit °y �I c� 4 E c' Packet Pg. 1488 I F.24.a MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2023 RECEIPT#30140-127039 Business Name: AMERICAN EMPIRE BUILDERS INC ANTONIO M GONZALEZ Owner Name, Business IAcatlon; 0 Mall Ing Address: KEY WEST,FL 33040 13775 SW 145TH CT Business Phone: 305-261-9276 MIAMI, FL 33186 Business type: CONTRACTOR(CE11TI1'IC;D GENERAL) 21 Employees 12 0 STATE LICENSE: COC1504911 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Gass; Total Paid 35.00 _ 0.00 35.00 O.00 0,00 0.00 35A0 -0 c� Paid 000-21 -00045874 09/12/2022 35.00 4- 0 THIS BECOMES A TALC RECEIPT Sato C. Steele,CFC,Tax Collector THIS IS ONLY A-rAX, WHEN VALIDATED 11130 Box 1129, Key West, FL 33041 YOU MUST MEET ALL oL COUNTY AND/ORCL MUNICIPALITY PLANNING,ZONING AND LICi=NSXNG a REQUIREMENTS. U) c� 0 c� MONROE COUNTY 13USINESS TAX RECEIPT P.O. box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2023 Business Name: AMERICAN EMPIRE BUILDERS INC RECEIPT# 30140-127039 _ MO CTY LO Business Location: KEY WEST, FL 33040 Owner NaEna: ANTONIO M GONZALEZ Mailing AdcJress: Business Phone: 305-261-9276 13775 SW 145TH CT Business lj/pe: CONTRACTOR(CERTIFIED GENERAL) MIAMI, FL 33186 c� Employees 12 STATE LICENSE: CGC1504911 Tax Amount Transfer fee Sub-Total Penalty Prior Years collection Cost I Total Paid 35.001. 0.00 35.00 1 .00 0.00 35.00 Paid 000-21--00045874 09112/2022 35.00 Packet Pg. 1489 F.24.a State of Florida Departmentof State n I certify from tiro records of this office that AMBIUCAN E1 ME BUILDERS, 1WC is a corporation organized larder the laws of the State of Florida,fried on October 16,2001, The document number of tlris corporation is PO 1000 100485, I furtlrer certify that said corporation has paid all fees due this office through December 31,20220 knit its rraost recent ai=41 reporVuniforrrr business report was filed on April 12,2022,and that its status is active. 1 finther certify that said corporation has not plod Ailloles of Dissolution. 4- 0 0 Ten under my)rand and the � Groat Baal of the Sinto of Plorldo � at Tallahassee,the C►apltal,#/zfr: „p die 1"rno#tll day ofApelf,2022 0 c� Trooldul Numbert1d3080099OCt";� To nntlundente this eartltlaate wish the Yullasrla0 eite,ontor No number,and then #'ullor the inetr atinne disphyed. t�ttpa►Neeirlcoeai�ublxatirinOelCartltlentaCrl�tntaslC'a�tl£lanta�ufil�entiantian Packet Pg. 1490 Client#:720292 AMERIEMPIR F.24.a ACOR& CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYY) 1012412022 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,EXTENT]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(les)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 any rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh&McLennan Agency PHONE 727 447 6481 Bouchard Region -MAIL G7tt; Arc Ne; 101 N.Starcrest Drive ADDRESS: certificates@bouchardinsurance.com �y Clearwater,FL 33765 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA;Landmark American Insurance Company 12833 INSURED INSURER B:StarStone Specialty Insurance Company 44776 American Empire Builders, Inc. American SW 145th CT INSURER c:StarNet Insurance Company 40045 INSURER D:Allied World Assurance Company(U.S.)I 19489 Suite B INSURER E:Vantapro Specialty Insurance Company 44768 Miami,FL 33186 INSURER F Charter Oak Fire Insurance Co 125615 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 0 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 CONTRACTOR 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 ADDL SUBR POLICY EFF POLICyy EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDlYYYY MMlDD1YYYY LIMITS U A X COMMERCIAL GENERALLIA131LITY Y Y LHA113163 12108/2021 12/0812022 EACH OCCURRENCE $1 000 000 � CLAIMS-MADE OCCUR PREMISS Ea o.Turrance $100 000 X BIIPD Ded:$5,000 MED EXP(Any one person) $5,000 PERSONAL&ADVINJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,OOD PRO- M POLICY LX JECT LOC PRODUCTS-COMPIOPAGG $2,000,000 > O OTHER: $ I E AUTOMOBILE LIABILITY Y Y 5087027303 12/08/2021 12108/202 ��aaclaen SINGLE LIMIT 1,000,000CL X ANYAUTO BODILY INJURY(Per person) OWNED SCHEDULED J Y O BDIL INJURY Per accident $ AUTOS ONLY AUTOS ( ) X HIRED X NON-OWNED PROPERTY DAMAGE $ � AUTOS ONLY AUTOS ONLY Per accident �9 _ $ e83 B UMBRELLA LIAB }( I OCCUR Y Y 89186A211ALI 12108/2021 12/08/2022 EACH OCCURRENCE s5,000,000 � X EXCESS LIAR CLAIMS-MADE AGGREGATE s5,000,000 DELI RETENTION$ $ O C WORKERS COMPENSATION Y KEY0145742 72108I2021 1210$1202 X PER OTH- C AND EMPLOYERS'LIABILITY Y r N U ANY PROPRIEfOR/PARTNERlEXECUTIVE I E.L.EACH ACCIDENT $1 000 000 OFFICERIMEMBEREXCLUDED? � NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT $1 000,000 D Pollution Liab. Y 03128724 12/08/2021 12108/202 $2mill$2mil$15k Rat Professional Liab Y 03128724 $2m1$2m$25k Retention F Rent/Leased Equip QT8892240ATIL21 12/08/2021 12/08/202 $1m11 Per Item$5k Ded DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) PROJECT: Seaview Drive Ridge(904606)Replacement COMPLETE CERTIFICATE HOLDER(S)&ADDITIONAL INSURED(S): Monroe County Board of County Commissioners and any other entity as required by written contract or agreement and subject to the terms,conditions and exclusions of the policies. I T (See Attached Descriptions) BY, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF' l _ u Monroe County Board of County Commissioners THE EXPIRATIOI. 1100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S119295331M11924864 RCJTF Packet Pg. 1491 F.24.a DESCRIPTIONS (Cantined from Page 1) If required by written contract,Certificate Holder is an additional insured with respect to General Liability,Auto Liability,and Excess Liability,subject to the terms,conditions and exclusions of the policies.Additional insured with respect to General Liability includes ongoing and completed operations. Coverage with respect to General Liability is primary and noncontributory. When required by written contract,waiver of subrogation applies in favor of Certificate Holder with respect to General Liability,Auto Liability,Workers Comp, Professional Liability,Pollution Liability, and Excess Liability subject to the terms,conditions and exclusions of the policy. 0 There are no exclusions for Jib, Boom and/or Overload on the Rented/Leased Equipment policy. 0 c� 0 c� 4- 0 0 L- CL CL 2M U) c� 0 c� 2 M 0) LU LU c� SAGITfA 25.3(2016/03) 2 of 2 #S 1 1 9 295 3 31M 11924864 Packet Pg. 1492