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11/15/2022 Agreement ty COURr QC Kevin Madok, cpA DOE ......... Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: December 8, 2022 TO: Judith Clarke, PE, Director Enginecriing/Roads& Bridges ATrN: Clark Bn*ggs, Project Manager FROM: Pamela G. Hancoi"61.('. SUBJECT: November 15' BOCC Meeting Attaclied is an electronic copy ol'tlie following itern for your handling: F24 Contract Milli Anienican Empire Builders Inc., the lowest and only responsive bidder for the Sea%lew Drive Bridge (#904606) Replacement Project ject on Duck Key' in the amount of,$5,260,000.00. Should you have any questions please feel tree to contact nie 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.Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 15th day of November in the year of Two Thousand and Twenty Two. 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 Miami, Florida 33t86 ("Contractor") For the following Project: Seaview Drive Bridge (#904606)Replacement Project Duck Key Monroe County,Florida ("Project") 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 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. Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an 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 mail,return receipt requested, to the following: Ms. Judith Clarice,P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key Nest,Florida 33040 For the Contractor: Anthony Gonzalez American Empire Builders, Inc. 13775 SW 145th CT., Suite B Miami, Florida 33186 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 Bridge 0904606)Replacement Project ARTICLE 3 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 540 days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. 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 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 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 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Seaview Drive Bride #904606 Replacement Project the Contract Sum of FIVE MILLION TWO HUNDRED SIXTY THOUSAND 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 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 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 make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one 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. 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. 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 payments to Ninety-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 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 services: 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. 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 County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no 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 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: 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. b) Right to Audit: Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements);backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends;any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other 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, 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. 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. 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. 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, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 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, 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, i 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 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 performance under this Agreement,and that only interest of each is to perform 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 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 making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration. 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 entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision: Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied 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 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 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. 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 section119.10,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 BRADLEV AT PHONE## 305-292-3470 BRADLEY- BRIAIiTAMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE ItI1 12T11 Street, SUITE 408, KEY WEST, FL 33040. n) Nan-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, 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 any provision for waiver. o) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from 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. 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. 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 counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 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. v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. w) Hold Harmless and Indemnification: 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, 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 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 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 filed. The Contractor agrees that the County 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. 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 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 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 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 i 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. 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. 7.10 Americans with Disabilities Act of 1990(ADA)-The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 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 employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE 8 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. Article 9 i 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. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Roadway PIans,Kisinger Campo and Associates,22 Sheets, June 2022 Signing and Pavement Marking Plans,Kisinger Campo and Associates, Sheets S 1-54, June 2022 Structural Plans,Kisinger Campo and Associates, Sheets Bl-B29, BW1-BW 13,and BX1- 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 areas follows: Monroe County Bid Form in Section 00110. See Article 1. 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 be deemed an original contract. 3 BOARD OF COUNTY COMMISSIONERS t ADOK, Clerk OF MONROE COIJ Y,FLORIDA y: By As Deputy Clerk Mayor/ChaKianP—"�/ Date (SEAL) AMERICAN EMPIRE LDERS,INC. Attest: By: By: A Title: Title: P MONROE COUNTY ATTORNEY po Ile CHRISTTNE LIMBERT-DARROWS ASSISTANTTT�RNEY E 2 001 DATE CO1025/2 SgnYj0 rtv®thO.W.( 04606)RUTA11oe111ai9t,riten NON-COLLUSION AFFIDAVIT t, ANTONIO M, GONZALEZ of the city of--.M.IAMI mm �aaeording to law on my oath,and Wider penalty of perdu;y,depose and say that; 1, I ahnh AN'I O IO M. OONZALEZ-PRESWENT of the firinn of AMl RICAN EMPIRE B UILDE10 INC, ,the bidder making the Proposal for the project described in the T*uest for Competitive Solicitations for; Soavlow Drive Bridge(#.904606)Roplocomout Project Monroe County,Florida and that I executed the said proposal with full.authority to do so 2.) the, prices In this bid have boon arrived at Indepenndamly without collusion, consultation, communication or agramennt for the purposo: of restricting competitlon, as to any matter relating to such,process with any other bidder or with any compotittor, 3,) unless otherwise required by law,the prices which Dave been quoted Ih tlhi's bid have not boon knowingly disclosed by the bidder and.will not knowingly be disclosed by the bidder rind will not be.knowingly disclosed by the bidder prior to bid opening, directly or Indirectly, to ally other binder or to any competitor,and 4) no attompt has boon wads or will be made by the bidder to Jnducs any other parson, partnerohip or corporation to submit, or not to submit, a Wd for the purpose of restricting compotitlon; 5) tine. st rnents conntainned,In this affidavit are true and correct, ahui insdo with full kiwwledge tiha . , nroo County rollos upon the truth of the statements contalmd Inn this affidavit In r 'is contr is fo aid project, (dig ur f Bidder (data) STATE ON UQl�f pA COUNTY OF, MIAMI-DADE Subscribed and sworn to (or affilrnned)before erne, by means of p�cal presence or 0 online notarization, oil 101rz. I z7 (date)by 1%ff-7.. (name of af#iant), rho is personally known tow or ihas produced _. _ .. - — _ (type of Identification) as Identification, . Notaq POW We of Fonda Anattna,A(ri d • My00MmialonHH toa Ong a OTA.i V i' 131�I My connnni. I Ara 041002020 July 2022 SID PROPOSAL, 000110.8 i Apxim Oda Bridaa 0904606)Reufaven[enE l}rni�ot LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATE MENT UNDER ORDINANCE NO. 010.1990 �I AMERICAN EMPIRE BUILDERS, INC. — - - (Company) warrants that It has not employed,rctainod or otherwise had act oa its babalf any fornior Country offlcar or employee subject to the prohlbltioa of Section 2 of Ordhiance No. 010.1990 or ally County officer or e111ployee It'!violation of section 3 of Ordinance No. 010-1990. For breach or vlolatloii of this provisloia the County 111ay, 1tl Its discretion, tetfnitiate this contract without liability and tnny also, In Its d1screttot3, deduct from the contract or pureshm price, or . horw s0 r® v r,the full mount of my fee,commission,percentage, gift,or consideration paid to[tie for tc or on1p] yea 10/05/2022 STATE OF., FLORID COUNTY OF: Subscribed and sworn to (car affirmed) before me, by means of physical presence or 0 online notarization, on (dale) b 17-- (name of e ffiant). &She i r o�n lly� known to me or has produced (type of identification) as Identification, 1�1tT fY PJS - - Notaly POW atet>;dFloldo My Commission Expires: ------ Molise Mop ' k rely CarnmislalAn MH 14 ? � MpIrFt59AlU�1/2tl2b NOTARY PUBLIC My commission expires, July 2022 BID K(OPOSAL 000110-9 i � ❑elve E�efcl l90dd0(,1 Ranlueomnnt Prnin�af i i DRUG-FREE WORKPLACE FORM The undersigned Contractor In accordance with F1,Statute 287,087 hereby cortifiies that: AMERICAN HMPIRE BUILDERS,INC, (Name of Business) I publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possumstoal, or Ilse of a controlled substance Is prohlbited In the workplace and spoclfying the actions that will be taken against employees for violations of'such prohibition, 21 inform such employees about the clangers of drug abuse In the workplace, the business's policy of maintaining a drug-five workplace, any available drug counseling, rehabilitation, and employee. assistance programs,and the parla tles that may be unposed upon omployaes for drug abuse violations, 3. Oive each employee engaged In providing the commodities or contractual services that are cinder bid a copy of the statement specifted 1110080011011(1), 4, In ilia statement specified In subsactlon (i), notify the employees that, as u condition of working can the connllodides or contractual services that are under bid, the employees will abldo by the torms of the statonlent and will notify the atmlployer orally convictiomm of,or plea of guilty or nol©eontendere to, any vloIation of Chapter 993(Florida Statutes)or of any controlled substance law of the United States or any stato,for a violation occurring In the workplace.no later than five(S)days after such conviction, 51 Impnse a satietion oil or require the satisfactory participation In a drug abuse assistance or rehabilitation progrmn If such Is available In the onlpleyee's community, or any employee who Is so convicted. W, Mary a good falth effort to con lnuo to-maintain a drug-free workplace through Implementation of this sectlQmm, As a person authorized to sign the statement,I cortify that this firm coi les Mly witl above requirements, Idder's Signature STATE OF; COUNTY OF: MIAMI-DADS Subscribed and sworn to(or affirmed) before me,by� eons of 0`11ysk a] prssance or 0 online notarization, on �« (date) by (1181na Of afiiant She Is nersonally kmlown to me or has produced (type o dentiiloadon). as Identification. LiN, erry F+upllo st x�v�Flor�d� TARP tally Atrl' p��a�ii�a naaeaMy Commnission,Expires: Judy 2022 131D PROPOSAL 00011040 seav 5Y Ddyg Bridge(290006)Ropinanntai1l Praipat I 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 submit bids on leases of real prolvdy 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 businem 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 froze the date of being placed on the convicted Yondor list," I have read the above and state that neitherA IUCAN E 8UILDERS,1NC,(Proposer°s name) nor all b n placed on the convicted vendor list within the last 36 months. 10/05/2022 ��ature) (Date) STATE OF; Subscribed and sworn to(or affirmed) before me, by incaus of ca;l resence or a e11lic1e y l' nowrization,on tbu day of 2022,by Rine of a:ffiant). She is ersonall known to nee of, has produced (type of idcnti cation)as identification, lvTy inrnlssi �cplr �, � ►��I�ry Pup�ia s�is�,r��l�� als Analisa Ard,�drp�a - y � sa ..' FAy C6�►tnllal Nt�t:1OA�0 �ryQ �� �xplfdo 0AI9Af�AR� NOTARY PUBLIC July 2022 BID PROPOSAL mm 00011.0-1 1 I SECTION 00110 I Bid Bond KNOW ALL MEN BY T1=1133SR PRESENTS,that we 1,FL 33198 (Horo inatort aw nama wid oddrdaa or loon]tlik of Cantrnetor.) as PrIncipal,1wrellaafter called tiro principal,and ! o and ap! Suite 3400,jaghon.vUlo,FL32246 (Horo lttnnrt roll naino and addror;n or loon]tlllo©r SLIMY) a corporation duly organized under the laws of the State of FL _ as Surety,hereinafter called the guroty,are hold and r1mily bOUnd unto o ounty (Horo Insert full snow And addroaa or WUnl titlo of Ownor) as Obligee,hurelnufter called the Obligee,in the sum of t=ive P®resnt fly a d� Dollars( ° t W ), for the payrnerrl orwhich sums well and truly to be made,the said Prllapolpai and the said Saarety,Nhgd otlrncives, our heirs,executors,adiaailaistrators,successors and assigns,,jointly and sevorally,ffrlaaly by those preselats, WHEREAS,the principal lass submitted a bid for _. (hire lnrr n Cull"onto..nddreaa raid des Iption orprojert) NOW, THEREFORE, If tite Obligee shall accept the laid of the Principal and the Principal shall-eater a Contract with the Obligee In accordance with the terms of such bid, and.glva such bond or bonds as may be speciflad In the bidding or Contract documents with good and Sufficient surely for the faithful perfOrfnarace of such Contract and for the prompt payment of labor and material furnished in the prosecution thorcof,or In the evert of tho ralluro of the Principal to enter such Contract and give gush bond or bonds, if[lie Prinolpal shall pay to the Abllgee the difference riot to exceed the penalty hereof"botween the amount specified in said bid rod such larger amount for which the Obligee may Ili good falth contract with another party to perform the.. covered by said bid,then this obligatlon shall bo oull and void,otherw6o to remain In full force Arad effe0f, Sfg rod s l dais th day of Clatobar 20 2�. it A s c. (Sea!)JV -- --.. NGM Inourance Co frr an _ (Witness) Allola James (Suroty) (Steal) (Titia) Ian A.flipper,Attorney-lil-Pact July 2022 BID PROPOSAL �� 000110.12 i Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as Follows; 111durallo Rea uh-epa2atis Worker's Compensation Statutory Limits Umployer's Liability WC3 $1,000,000/�1,000,000/` I,000,400 General Liability OL7 $5,000,000 Combined Single Limit Vehicle Liability (Owned, hired and Non- owned Vehicles) VL3 $500,000 per person; $1,000,000 per occurrence $100,000 property Damage or $1,000,000 Combined Limit i understand the insurance that will be mandatory if awarded the contract and will comply in rail with all these requirements, All insurers shalI have an AM,Best rating of VI or better and shall be li d to do business in the state of Florida, ERIQIIIIJ �MPIi � �UII.®���. IIVC. 10/a/2022 8®9 BUMP011M aaturR t July 2022 SID PROPOSAL 0001i0m13 ®NGM.INSURANU COMPANY POWER OF ATTORNEY A mg,�,horgr7ttss M(8n tiU+19tM19A5��7mlV; KNOW A .I..MEN BY THESE PRESENTS. That NGIM insurance Company,a Florida corporation having its principal office in the City of Jacksonville,State ofFlorida,pursuant to A licle 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,rocognizances, contracts of indarrmity 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 pourer and authority given to them. " does hereby make,constitute and appoint Jarrett Merlueel,Charles D.Nielson,Joseph P.Nielson,Drivid R.Hoover, Charles J.Nielson,Inn A Nipper,Brett Rosenhaus--------- 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,recogniaances,contracts of indemnity,or other writings obligatory in nature of a bond subject to the following limitation: 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 same extont as if such instruments were signed by the duly authorized officers of NGM Insuralce 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. I Voted: That the signature of any officer authorized by the By-Laws and the company seal play be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof; such signature and seal,when so used being hereby adapted 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 afrixed, IN WITNESS WHEREOF,NGM lu airanoe Company has caused these presents to he signed by its Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020, NOM INSURANCE COMPANY By: t ICil:tlberly K,Law 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 officer 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 Compltny,and the said corporate seal and her signatum 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. 1 FtpplA ttthWd FMMA {y " Pffltnn doo-* t"�i k,,— (4010 u19s�tlba uaen I,Nancy Giordano-Rainos,Vice President of NCM Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Cornpany which is still in full force and effect. IN WITNESS WH ERE©F, I have hereunto set my hand and affixeA,the seal of said Company at Jacksonvil%Florida.this 6th day of October 2022 WARNING:Any unautkorizcd rcmQuction or altorat.lort of this dacuntatt is prohibited. TO CONFIRM VALIDITY ofthr attathed bond please call 1400-225-5646. To SUBMIT A CLAIM:Send all correspondodce to 55 West Wad,Keene,NI-I0.1431 Attr,;Bond Claims, pnul���,I)rly i_ricl zQ 0904606)ftap Wga Pi+ W Project Dowription(s): SEAVI W MWE BRIDUE#904606 REPLACEMENT PROTEgI' MONROE COUNTY 11, Rospondont Vendor Name: AMERICAN E11 PME BiI,AERS,1NC. - Vendor FEIN; 75-2993152 Vendor's Authorized Representative Name and Title: A1aTT®Nig ,�ioNzAL z Address: .72 M 145t1t �> 1 .. .- City: NMI Phoire Number., 305-261.9276 Emall Address: iseazuIgzag �us a Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or ronowbig it contract for goods or services of any amount if, at the tires of contracting Or r0l)O Val,il]e conrl)any 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 tiro Scrutinized Companloo 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 Simms, or is engaged In business operations in Cuba or Syria. As the person authorizod to sign on behalf of Respondent, I hereby certify that the company Identified above In the Section entitled "Respondent Vendor Nana" Is not listed on the Scrutinized Companies that:Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed Art either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies With Activities in the Iran Petroleum Energy Sector List, or ongagcd in business operations In Cuba or Syria, l understand that pursuant to Section 287,135, Florida Statutos, the submission ofa false cvruf#eation may subject conlpaily to civil penalties, attorney's fees, and/or costs, I further understand that any contract With the County may be terminated, at tine opiion of the County, if the company is found to have isubntitted a false cwtificatlon or has boys placed on the Scrutinized Comparnios. that Boycott Israel List or engaged In a boycott of Israel or placed on the Scrutinized Companies With Activities in Sudan List or the ScruthtiUd Comparlles with Activities in ilia Iran Petroleum Energy Sector List or been engaged in business o orations in Cuba or$ ria, Certified By: 4ONZAgg ; 1 T- _ _ who is authorizod to Niger oil belle bo. r lonced omparty, Authorized Signaturo: Print Name: ANC' M,C ONZALEZ Title: P NOW,The Gist Pro available at the following Department of Management Services Site; .. -colsalt. -fi--U[A July 2022 -- DID PROPOSAL 000110-14 �eeviewllrive Brideel�t9046Q61 icflnlacemet Prniect SECTION 00163 P -13ED SUBSTITUTIONS PART 1 -GENERAL 1.1 DOCUMENT INCLUDES: Pro-Bid Substitudom L2 BIDDER'S OPTIONS A, For products specified only by reference standard,select product meeting that standard,by any manufacturer. B, For products specified by narniing several products or manufacturers,select one of products and manufacturers named which complies with the Technical Specifications. C. For Products specified by naming several products or manufactwers and stating "or equivalent", "or cqual", or "or Architect/Engineer approved equivalent", or similar wording, submit a request as for substitutions,for any product or manufacturer which is not specifically 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. 1.3 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. 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 calendar days prior to the Bid Date to the Director of Engineering Services. 2. The Director of Engineering Services will consider requests utilizing this section from the Bidder for substitution of products in plane of those specified. 3. Those submitted 10 calendar days prior to Bid Date shall be included in an addondurn If acceptable. 4. Substitution requests may be submitted utilizing a facsimile machine(FAX)if substitution requost 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'tf"rcation,including manufacturer's name and address. b. Manufacturer's literature,identifying: 1. Product description. 2. Reference atandar'ds. 10/05/2020 PRE-BID SUBSTIT'UMNS 000163-1 I Seaview Drive AridgQ(#90,�,60G1 rteolacament Proieet 3. Performance and test data, c. Samples,as applicable. d. Nano 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 spooifxed,listing significant variations, 3. Data rotating to changes in construction schedule. 4. All effects of substitution on separate contracts. 5. List of changes required in other work or products. G. Designation of required license fees or royalties. 7. Designation of availability of maintenance services,sources of replacement materials. C. Substitutions will not be considered for acceptance when: 1. Acceptance will require substantial revision of Contract Documents, 2. In the judgment of the Owner or Director of Engineering Services,the substitution close not include adequate information necessary for a complete evaluation, D. The Director of Engineering Services will determine the acceptability of any proposed substitution. 1A BIDDER'S REPUSENTATION A. In making formal request for substitution the Bidder represents that: 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 warrmities or bonds for substitution w for product specified. 3. They will coordinate installation of accepted substitution into the Work,and will make such changes as may be required for the Work to he complete in all respects. 4. They waive claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under 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 _ PRB-BID SUBSTITUTIONS 00016.-2 Seaview Drive Br ft CeL4606)He—placemeni Project 6, Cost data need not be submitted,if regvest is for inclusion in an addendum. 1.5 DIRECTOR OF ENGINEERING SERVICES`S DUTIES A. Review requests for substitutions with reasonable promptness. B. Issue an addendum to identify accepted substitutions. C. Substitution requests that are not approved will be returned 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 form is completed and included with the submittal with all required back-up data, 10/05/2020 PRE-BID SU13STITUTIONS 000163-3 Renview Drive Brid a ta40A606),Itepl>aeemeut Pro ecE "NO C 11 UBSTITUTION RE i TO: Director of Engineering Services Monroe County Engineering Department 1100 Simonton Weet Ivey 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 Proposed Substitution: Attach complete information on changes to Drawings and/or Specilloations which proposed substitution will require for its proper installation, Submit with request:necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function,appearance and quality axe of equal performance.and assumes liability for equal performance,equal design and compatibility with adjacent materials, Submitted By: Signature Title Firm Address City/State/Zip Code Telephone hate 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. Tor use by the Engineer: Approved __Approved as noted Not Approved Ree'd too late insufficient data received ley ..�... BID SUBSTITUTIONS 000163-4 5e@viawl]riv Hri ae�{�046QCx p1_ n eject �� CHAN E�� i Date Fill.in Blanks Below: A, Does the substitution affect dimensions shown on Drawings? Yes No if yes, clearly Indicate changes: B. Will the undersigned pay for changes to the bullding design,including engineering and detailing costs caused by the requested substitution? Yes No if no,fully explain; C. What effect does substitution have on other Contracts or other trades? D. 'Ghat effect does substitution have on construction schedule? B. Manufactutor's warranties of the proposed and speeilied items are: Same Different, Explain-. T. Reason for Request: G. Itemized campat'lson of specified item(s)with the proposed substitution;list significant variations,- H. Designation of maintenance services and sources:(Attach additional sheets if required). END OF S1;C'1ION 00163 10/05/2020 PRE-BID SUBSTiTUT10NS 000163-5 f DIY: rr ate: r6 If 1�j i 1 y�N4R�l� f� :.VJ t1�151 1:'» � �AA'�r�.. ,i hl N�I�I � :.SFJ t Als 1► _ , � t >tl' t. Y _ i Local Business Tax Receipt Miami-Dade Courlty,State of Florida MTHIS fSNpTAPiLL»PQ NOT PAY L B__T 5046621 RBO@IP7'No. RENEWAL BUSINEEIR NAMEILOCATION 5209311 EXPIRES AWRICAN EMPIRE BUILDER8 ING SEPTEMI3ER 30, 2023 13775 SW 1457H CT STE B Wal ba displayed at placo of Uusiness MIAMI,FL 53186 Pursuant to County Code Chapter aA—Art.9&io OWNER SEC.TYPE OF BUSINESS PAYMENT RECEWSP AMERICAN EMPIRE BUILDERS INC 1g5 GL WRAL.BUILDING It'Y TAX COLLECToli CIO ANTONIO M CIONZALEZ CONTRACTOR 75.00 pf311212D22 C31IAI IJ;IKI Worker(s) 2 CGC1504911 INT-22-411294- 17113 Leant Hmsimess Tox Receipt only eonfirms payment of the Local Huslnuss Trix.Tlla Heoeipt Is note license, permlt,or a certification d lm hoidern qunrrficntions,to do business.Holdnrinust comply with anygoverninenimf m usugovornmsatal ragmiatsry laws and ragalremonts whiob apply to tho hushiens, Tfte RECEIPT No.nhova most ho dispinyod an all commorelnl vo-ldoles,N Ioml—Undo Codo Soc&47& IgIANI• of rarmareinformntion,riait 1 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2023 RECEW#3C140-127039 Business Name; AMERICAN EMPIRE BUILDt RS INC o Owner Name, ANTONIO M GONZALEZ Business Location: MEY WEST,FL 33040 Melling Address: 13775 SW 145TH CT Business Phone: 305-261-9276 MIAMI, FL 33166 Business Type: CONTRACTOR(CERTIFIED GENERAL) Employees 12 STATE LICENSE:: COCIS04911 Tax Amount Transfer Fee I Sub-Total Penalty Prior Years Collection Cost 1-otal Pald 35.00 _ 0.00 35.00 O.OD 0,D0 O.QO 35.00 Paid 000-21 -00045874 09/1212022 35.00 THIS BECOMES A TAX RECEIPT Sam C. Steele,CFC,T&x Collector THIS IS ONLY A TAX, WHEN VALIDATED PO Box 1129, Ivey West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING,ZONING AND LICI=NSXNG REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 3304.1-1129 EXPIRES SEPTEMBER 30, 202.E Business Name: AMERICAN EMPIRE BUILDERS INC RECEIPT# 30140-127039 MO CTY Owner Name: ANTQNIO M GONZALEZ Business Location: KEY WEST, FL 33040 Mailing Adfjress: Busineas Phone; 305-261-9276 13775 SW 145TH Cry" Business type: CONTRACTOR(CERTIFIED GENERAL) MIAMI, FL 33186 Employees 12 STATE LICENSE:CGC15049JLI Tax Amount Transfer Fee Sub-Tntal Penalti Prior Years Collection Cost Total Paid 35.001. 0.00 35.00 O.OD 0.00 1 D.DO 1 35.00 Paid 000-21 -GO045874 09112/2022 35.00 1 State of Florida Departmentof State 1 Certify fi-oin fiae records of this office that 1 MEWCAN E PM BUILDERS, IWC, is a corporation organized under the laws of the Stato of Florida,filed on October 16,2001. The document numhor of this corporation is PO1000100485, 1 further certify that said corporation has paid all fees due this office through December 31,2022, that its most rocent ai=41 rcpoMmiform business report was filed on April 12,2022,and that its statv.s is active. I hu-thor certify that said corporation has trot filed Articles of Dissolution. Men ondei,my hand and the Great Baal of tlra State of�lArW at Tfffialrassee,the CgUal,Mils the Tw##tlt day ofAprlr,2022 +r f i 7�rnal�lu�Nuu�l�aa�i���oeso9�s��;�" To nntliontloato this card loatomolt tlaa following slta,ontor thls numbor,and than folloir the histruatlorta dloplayed. httpa►NsarrEeas,sn�ahlx,arlll���sl�artltlantv�l�tntu�l�'o�tlflaatst�ufiLonfilantlAn