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Item C08 C.8 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting February 15, 2023 Agenda Item Number: C.8 Agenda Item Summary #11623 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305) 295-4306 N/A AGENDA ITEM WORDING: Approval of a construction contract time extension for the Bimini Drive Bridge Replacement Project on Duck Key. This change order extends the substantial completion date by 217 days at no additional cost. The extension is due to impacts to the project schedule that were not a part of the contractor's scope of work and were not due to his actions or inaction. This contract extension is to be retroactive and added to the existing contract expiration date of February 9, 2023 with a new substantial completion date of September 14, 2023. ITEM BACKGROUND: This change order is for a contract time extension that exceeds six (6) months and thus requiring BOCC approval. Prior to construction of the Bimini Drive bridge the BOCC approved Change Order No.l to temporarily strengthen one lane of the bridge to remove a load rating restriction imposed by the Florida Department of Transportation (FDOT). The time required to design the bridge strengthening was not included in the change order and is included in this change order. On January 61h 2021 American Empire Builders, Inc. (AEB) began construction on the Bimini Drive Bridge Replacement Project. Shortly after construction start FKEC and FKAA began required utility relocations by directional subaqueous borings underneath the canal at the Bimini Drive bridge. After a series of mishaps during boring activities, the AEB's construction activities were delayed and impacts to the project schedule are included in this change order. As a result of material shortages for temporary pile walls, construction was delayed and impacts to the project schedule are included in this change order. This change order reflects the contract time delays resulting from the above. As a result the substantial completion date is extended 217 days at no additional cost. Packet Pg.424 C.8 PREVIOUS RELEVANT BOCC ACTION: At the December 2020 meeting the BOCC approved a contract with American Empire Builders, Inc. for the Bimini Drive Bridge Replacement Project. On January 26, 2021 the BOCC approved Bimini Bridge strengthening Change Order No. 1. CONTRACT/AGREEMENT CHANGES: Contract time increase STAFF RECOMMENDATION: Approval of contract time extension. DOCUMENTATION: Change Order No. 5{SIGNED}-signed AEB contract executed AEB COI EXP12-8-23 FINANCIAL IMPACT: Effective Date: 2/15/2023 Expiration Date: 9/15/2023 Total Dollar Value of Contract: no cost extension Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: None REVIEWED BY: Judith Clarke Completed 01/30/2023 11:05 AM Christine Limbert Completed 01/30/2023 11:20 AM Packet Pg.425 C.8 Purchasing Completed 01/30/2023 1:02 PM Budget and Finance Completed 01/30/2023 1:16 PM Brian Bradley Completed 01/31/2023 9:04 AM Lindsey Ballard Completed 01/31/2023 9:34 AM Board of County Commissioners Pending 02/15/2023 9:00 AM Packet Pg.426 C.8.a MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACTGORDER PROJECT TITLE: Bimini Drive Bridge(#904603) Replacement Project CHANGE ORDER NO: 5 INITIATION DATE: 1/26/23 CONTRACT DATE: 12/09/20 REVISED SUBSTANTIAL COMPLETION DATE AS OF THIS CHANGE ORDER#5: 9114/23 TO CONTRACTOR: American Empire Builders, Inc. The Contract is changed as follows: 0 The Original Contract Sum .........................................................................................$3,190,000A0 Net change by previously authorized Change Orders ..,..,..... $809,909.19 The Contract Sum prior to this Change Order was............................................................$3,999,909.19 The Contract Sum increase by this Change Order#5............. $0 The Contract Sum including this Change Order..............................................................$3,999,909.19 E c� As a result of various activities impacting the construction schedule, the contractor American Empire Builders, Inc. (AEB) is requesting 217 days for project delays to be added to the contract end date. The delays to the project schedule are as follows: 0 c� 1. Design of the Bimini Bridge strengthening plans not included in bridge strengthening change order—20 days, E 2. Temporary relocation of FKAA utilities—35 days. 3. Required utility relocations prior to beginning of project—51 days. 4. Delay caused by subaqueous directional boring issues on behalf of FKAA -86 days. 5. Contractor delayed due to material shortage for temporary pile walls—25 days. 217 additional days are added retroactively to the to the existing substantial completion date of February 9, 2023 U) with no additional cost. This change order no. 5 revises the substantial completion date to September 14, 2023. LO CONTRACT / 0 Ile/ ENGINEERING SERVICES DIRECTOR Judith Clarke,P.E. °oi3,°615:29:21-'oo.P.E. Date Kevin G.Wilson,P.E. Date ASSISTANT COUNTY ADMINISTRATOR 2023.01.30 09:23:47-05'00' Date MAYOR U Date E c� MONROE COUNTY AT70RNEY AMIR?Yd:TJ AS TO F^ONt,ryI: C:HRISTTNE LIMBFRT'•BARROWS ASSISTANT COUNTY ATTORNEY DATE.. 1/26/23 Packet Pg.427 Change Order Aftachment per Ordinance No. 004-1999 • Change Order was included in the original contract specifications. Yes❑ No M If Yes, explanation: • Change Order was included in the original specifications. Yes❑ No 0 .2 If Yes, explanation of increase in price: U) X • Change Order exceeds$25,000 or 5%of contract price(whichever is greater). Yes❑ No E If Yes, explanation as to why it is not subject for a calling for bids: This work is to be designed and performed by the original contractor. 0 E • Project engineer/CEI approves the change order. Yes Z No❑ • Change Order is correcting an error or omission in design document. Yes❑No M 2 U) Should a claim under the applicable professional liability policy be made? Yes❑ No W z Explain: 0 LO 6 z 0 U E Packet Pg.428 1-1-23 Mr. Clark Briggs Bimini Bridge Replacement Project Duck Key,Monroe County,Florida. .2 Subject: AEB Request for Additional Days Due to Project Delays x E Dear Mr. Briggs: WSP has received American Empire Builders,Inc(AEB)request for additional 217 days due to project delays. 0 AEB's request is consistent with the issue tracking performed by WSP for various activities that impacted contractor time from the beginning of the project until July of 2022. E 1. Design of the Bimini Bridge strengthening plans—20 days 1 Relocation of FKAA Pipes- 35 days 3. Utility Relocations required prior to beginning of project-- 51 days 2M 4. Delay caused by Flk'-AA permanent bore issues- 86 days U) 5. Contractor delayed due to material shortage for temporary pile walls— 25 days W z WSP concurs with this additional time request for the Bimini Bridge Project,This will change the contract end date S2 to September 14,2023. LO 6 Should you have any questions,please contact me. 305-481-0583 z Sincerely, 0 WSP U Pornsit Chakkaphak P.E. E SR. Project Engineer Packet Pg.429 C.8.a ® ® 1141 JA a pMW TOTAL 2 CONTRACT DAYS x PROJECT START/END DATE 1/6/2021 6/2912022 sao E PREVIOUSLY AWARDED TIME 224 764 a� U ADDITIONAL DAYS THIS CO 217 981 ESTIMATED END DATE 9/14/2023 O U P p. Design for Strengthening of Bimini 2/6/7021. 1/2S/2021 ICI 20 NOM En 1 J Meeting#6(4-6-21)Min.state that FKAA ready to begin relocations on Bimini. i ( Relocation of FKAA Pipes 4/6/2dD21 Sf10/2f121 35 ! billy Reports indicate AEE could not work on Bimini due to FKAA relocating i BS pipes•5.18.21 Meeting#9 FKAA stakes that the temp Ilse relocates are �Y ' j I complete and waiting oft Murphy to begin permanent bore "U) a Utility Relocations on Bimini { �+ Meeting Min#S(3-23-21)states that FKFC woBl begin born on 3-29-21.5-18-21 required prior to AEB begin Bimini 8129f2011 5 ji@/2021 1 51 51 Bridge Project { FKE'C completed bare but has not been able to pull the wire through. 5-18-27 FKAA ready to begin directional'bore.E-29-21 Meeting,Keith 0 McMahan stated that they have stall not begun the bore and skk61 looking for a j I contl B-10-21 meeting verifies that the direction bore is being installed Permanent bore of FKAA by 1 but not yet complete.8-24 21 FKAA confirms In the meeting that the t Murphy E/18/2Ct21 1/28/2022 f 255 86 contractor is trying to remove a broken head out of the bare path.9-3-21 p Y Email from Justin Dicey confirms DEB still not able to complete project and �j get out of the way.12.48-21 email from Justin 17acey confirms that the utility 1 f is still riot yet tied in on Bimini.1-28-22 Project from Judy confirms that the � utility has been tied in. (� Contractor Delayed due to Material shortage for temp pile 6/8/2021 7/2/2021 25 26 walls apn Total Days this CQ 1 217 j U a� a� Packet Pg.430 AEB American Empire Builders,Inc. 13775 SW 145 TI-I CT.,SUITE B.-,MIAMI, FL. 33186 OFFICE: 305-261-9276 FAX: 305-261-9210 December 14, 2022 .2 Mr. Keith Duke Project Administrator x Bimini Drive Bridge(#904603) Replacement Project E Monroe County,Florida Subject: Request for additional days due to delays on the project. 0 E Dear Mr. Duke: Due to various delays outside the control of American Empire Builders, Inc. we are kindly requesting a I .T the addition of two hundred and seventeen days to the contract schedule. U) W We reserve the right to claim for any overhead cost caused by these delays. Z 0 (n Sincerely, LO 6 Z Digitally signed by A ntonio M "Antonio M Gonzalez Gonzalez Date:2022.12.30 0 10.47:17-05'00' Antonio M. Gonzalez—President American Empire Builders, Inc. U E Packet Pg.431 C.8.b Bimini Drive Bi9d e 4904603 Rcrplacement Pro'ec Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the 9th day of December in the year of Two Thousand and Twenty. g U) x 0 BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West,Florida 33040 ("Owner") .And the Contractor: 0 American Empire Builders, Inc. 13775 SW 145"l CT,, S. B Miami, Florida, 33136 ("Contractor") c� x c� For the following Project: Bimini Drive Bridge(#904603) Replacement Project 0 Duck Key c� 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 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-1 Packet Pg.432 C.8.b Bimini Drive Bridge(##904603)_.Replt cement Proiect The Owner and Contractor agree as set forth below. i 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 0 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. c� Ms. Judith Clarice,P.E. Director of Engineering Services 03 Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 X For the Contractor: Antonio Gonzalez 13775 SW 145th CT.,STE B 03 Miami,FL., 33186 ARTICLE 2 c� 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 Bimini Drive Bridge 0904603) Replacement Praiect 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-2 Packet Pg.433 C.8.b Bimini Drive Bridge f#9046031 Replacement Proiect ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date froin 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. 0 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 c� 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 00 The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall E be an extension of time on the Contract. c� 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 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-3 Packet Pg.434 C.8.b Bimini Dii e Bride 4904603 Replacement Project 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 U) X 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Bimini Drive Bridge (#904603)Replacement Pr oi ect,the Contract Sung of Three Million One Hundred Ninety Thousand and Zero Cents, ($3,190,000.00), subject to additions and deductions as provided in the Contract Documents. 0 U 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. c� ARTICLE 5 c� Progress Payments 0 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon 00 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. c� 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. 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-4 Packet Pg.435 C.8.b Biinnii Dive Biid e #904603 Rgplacement Proiect 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: I 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 Five-percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The 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%): ,E 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 00 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. x 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 0 U 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total 00 payments to Ninet -five percent (95%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and E 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 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-5 Packet Pg.436 C.8.b I Bimini Drive Mike 09046031 Replacement Piniect 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. 0 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, 0 c� 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 X Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. 0 In addition to the foregoing, Contractor fiirther represents that there has been no U 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. 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-6 Packet Pg.437 C.8.b Bimini Drive Bridge(4904603)Replacement Proiect 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 0 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. 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-7 Packet Pg.438 C.8.b Bimini Drive Bridge(#904603)Replacement Project 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. 0 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 U County. 00 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 legal representatives, successors,and assigns. X 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 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-8 Packet Pg.439 C.8.b Bunini dive Bridge(#904603Leplacemant Pro'ect discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended(42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,ss. 523 and 527(42 USC ss.690dd-3 and 290ee- 3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title V1I1 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 0 amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 0 j) Covenant of No Interest: County and Contractor covenant that neither presently U 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, c, 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/Payinent: 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 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-9 Packet Pg.440 C.8.b Bimini Drive Bride #904603 Replacement Pro'ect 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. 3 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 0 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. 0 U 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. 0 (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. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-10 Packet Pg.441 C.8.b Bimini Dive Bridge(#904603}Renlacement Project 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 Co>nty'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 sectionl 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. 0 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- BRIAN( ,MONROECOUNTY-FL.GOV, MONROE COUNTY E ATTORNEY'S OFFICE 1111 12T11 Street, SUITE 408, KEY WEST, FL 33040. E n n) Non-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. c� 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. 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-11 Packet Pg.442 C.8.b Bimini Drive Bridge P904603)Replacement Proiect 1 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, 0 t) Execution in Counterparts: This Agreement may be executed in any number of U 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. 00 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, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against(i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, 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 miIlion 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 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-12 Packet Pg.443 C.8.b Bimini Drive Bri fto 0904603)Replacement Project 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. E 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. c� 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 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-13 Packet Pg.444 C.8.b Bimini Djvc Bridge 0904603)Repiawment Project Monroe County Board of County Commissioners, its employees and officials as "Additional Insured"on all policies except for Worker's Compensation. 1 1 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. T 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. 0 7.10 Americans with Disabilities Act of 1990(ADA) -The CONTRACTOR will comply with E 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 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 E c� 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. 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-14 Packet Pg.445 C.8.b Bimini Drive Bridge JeQ4603)Replacement Paniect 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 October 2020 and are as follows: X 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: 0 As listed in Table of Contents, Section 00001 of the Project Manual for this project. E ,E 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Roadway Plans, Kisinger Campo and Associates, 28 Sheets, October 2020 Signing and Pavement Marking Plans, Kisinger Campo and Associates, Sheets S 1-S4, October 2020 c� Structural Plans, Kisinger Campo and Associates, Sheets B1-B29, BW1-BW13, and EX1- EX6, October 2020 9.1.6 The Addenda, if any, are as follows: E 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 Articic 1. 10/5/2020 STANDARD FORM or AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-15 Packet Pg.446 C.8.b Bimini Drive Bridge 0964603]Replacement Pooiect 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 nterparts,be deemed an original contract. >l 23 BOARD OF COUNTY COMMISSIONERS c " KEVIN MADOK,Clerk OF MONROE CO A c,kn ,na By. By As Deputy C erk Mayor MONkol COUNTY ATTORNEY ^yQ-yfl PPR "DASTo D : °U) Date CHRITME LIMBOMRAKROW S A5515TANTTjOjtNEY {SEAL} CON T DATE 1��UU Attest: c� By: By: 0 Title: Sea 4 /�.7 Title: E END OF SECTION 00500 X c� 0 c� u E T rRr� Vww�l C 10/5/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-1 C Packet Pg.447 C.8.b Bimini Drive[fridge(#404603)Replacement Project NON-COLLUSION AFFIDAVIT I, ANTONIO M. GONZALEZ of the city of MIAMI according to law on my oath,and under penalty of perjury, depose and say that; I. I a►n ANTONIO M.GONZALEZ-PRESIDENT" of the firm of AMERICAN EMPIRE BUILDERS,INC. ,the bidder making the Proposal for the project described in the Request for Competitive Solicitations for: Bimini Drive Bridge(#904603)Replacement Project Monroe County, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, CAI communication or agreement for the purpose of restricting competition, as to any matter 2 relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will c� not be knowingly disclosed b the bidder prior to bid opening, directly or indirectly, to an g y y P p g� y y, y other bidder or to any competitor; and 0 U 4.) no attempt has been made or will he made by the bidder to induce any other person, E partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the ate ents contained in this affidavit are true and correct, and made with full knowledge tI t nroe County relies upon the truth of the statements contained in this affidavit in ar ' g eon ractsfor-said project. 11/24/2020 0 (Sign ture f Bidd (Date) STATE OF: FLORIDA COUNTY OF: N11AMI-FADE ��,�� Subscribed and sworn to (or affirmed)before me, by means of 2/physical presence or ❑ online notarization, on l ► (date) by name of affiant). He he is personally known tome or has produced (type of identification) as identification. Notary Public State of Florida le AN Anahsa Arriaga My Commission GG 282818 R� Expires 04104/2021 _ e..„ NOTARY PU 11 C My commission expires 1 10/05/2020 BID PROPOSAL 000110-8 Packet Pg.448 C.8.b Bimini Drive Fridge f#904603}Replacement Project LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA if AMERICAN EMPIRE BUILDERS, INC. } (Company) warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any Country officer or employee in violation of Section 3 of Ordinance No. -1990. For breach or violation of this provision the County may, in its discretion, termina ibis contr ew hout liability and may also, in its discretion, deduct from the contract or purchase price, the r`eco r,the full amount of any fee, commission, percentage, gift, or consideration paid to the fo ey C inty f or emp ye / 0 11/24/2020 ignature) (bate) STATE OF FLORIDA COUNTY CIF: MIAMI-DADE Subscribed and sworn to (or affirmed) before me, by means of ®physical presence or ❑ online notarization, on !1 (date) by (name of affiant). He he is personally c� known to me or has produced (type of identification) as identification. 0 c� e � NOTARY PUBLIC c� My Commission Expires: Li 1� NOTARY PUBLIC My commission expires: aF' Notary Public State a1 FWida Analisa Arriaga K My Commission GG 282818 or 0.0� Expires C3 0412021 10/05/2020 BID PROPOSAL 000110-9 Packet Pg.449 C.8.b Bimini Drive Bridge(#904603)Replacement Project DRUG-FREE WORKPLACE FOR The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: AMERICAN EMPIRE BUILDERS, INC. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. U) 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on c� the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, 0 any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. E 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. c� X 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of c� this section. As a person authorized to sign the statement, I certify that this f rni comp' s fu it e ove requirements. U 4i der's Signaide r STATE OF: FLORIDA COUNTY OF: MIAMI-DADE Subscribed and sworn to (or affirmed) before me, by means of[B hysical presence or 0 online notarization, on 'i, i 0 (date) by a` _ (name of affant) e he is personally known to me or has produced (type of identification)as identification. (J. Apo" Notary �otic State�r r OTARY PUB C Anaiisa Arriaga My Ga rm`ssion G0 282818 My Commission Expires: �a a Expires 04/04/2021 10/05/2020 BID PROPOSAL 000110-10 Packet Pg.450 C.8.b Bimini Drive Bran*_>e(4904603)Replacement Project PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public braiding or public work, may not submit birds on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither AMEr CAN EMPIRE BUILDERS,INC. (Proposer's name) � X nor Af Ili to as en placed3ol -1 e convicted vendor list within the Last 36 months. 11/24/2020 ignature) (bate) 0 c� STATE OF: FLORIDA E E COUNTY OF: MIAMI-DADE Subscribed and sworn to (or affirmed) before me, by means of Erphysical presence or ❑ online notarization, on the ay of 20 , by c� of affiant) He he is personally known to me or has produced (type of identification) as identification. E Poly Commission Expires: Notary Public State of Florida Anallsa Arriaga yCo missi nGG 2G262818 NOTARY PUBLIC of 10/05/2020 BID PROPOSAL. 000110-11 Packet Pg.451 C.8.b Bimini Drive Bridge 0904603)Replacement Project VENDOR.CERTIFICATION REGARDING SiCRUTliNIZED COMPANIES LISTS Project Descriptions): BIMINI DRIVE BRIDGE ( 904603) REPLACEMENT PROJECT Respondent Vendor Name: AMERICAN EMPIRE BUILDERS, INC. Vendor FEIN: 75-2993152 Vendor's Authorized Representative Name and Title: ANTONIO M. GONZALEZ Address: 13775 SW 145TH CT., STE. B City: MIAMI State: FLORIDA ,Zip 33186 Phone Number: 305-261-9276 Email Address: ggonzalezoamericanempirebuilders.co>n Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in 'Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any 0 contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: ANTONIO Z - PRESIDENT , who is authorized to sign on be of c 7 v fer n c company. Authorized Signature: Print Name: ANTQXO M. GONZAL Z Title: PRESIDENT Note: The List are available at the following Department of Management Services Site: t-p//wNv orris.iii t,loi'icl,i,coi i/bLISill, Ss_�3�c1{Z c��1 r` tc �a,'cl t i� Ise� lcz il�lc ili �:�lct�s victecl suspended�discriminatory cornplaints vendor, lists 10/05/2020 BID PROPOSAL 000110-14 Packet Pg.452 Client#: 34166 AMERICAN41 n ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(M12/09/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh&McLennan(CLW) PHONE 727 447-6481 FAX 727 449-1267 A/C,No,Ext: (A/C,No): 101 N Starcrest Dr. E-MAIL ADDRESS: certificates@bouchardinsurance.com Clearwater, FL 33765 INSURER(S)AFFORDING COVERAGE NAIC# 727 447-6481 Argonaut Insurance Company 19801 INSURER A: 9 P Y INSURED INSURER B:Markel American Insurance Co 28932 American Empire Builders, Inc. StarNet Insurance Company 40045 INSURER C: p Y 13775 SW 145th CT INSURER D:Vanta ro Specialty Insurance Company 44768 Suite B INSURER E Miami, FL 33186 INSURER F 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 U) 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 TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A COMMERCIAL GENERAL LIABILITY Y Y 17260M341401 03/27/2020 03/27/2021 EACH OCCURRENCE $1,000,000 ' CLAIMS-MADE [*OCCUR A �' T DAMAGE TO RENTED PREMISES Ea occurrence s50,000 X Marine GL MED EXP(Any one person) $1,000 By PERSONAL&ADV INJURY $1,000,000 O 12/9/2020 w. attachment GEN'L AGGREGATE LIMIT APPLIES PER: _..._ --- --'^' GENERAL AGGREGATE $2,000,000 ° X POLICY�JECT LOC e ,�,,� PRODUCTS-COMP/OP AGG $1,000,000 , OTHER: � $ D AUTOMOBILE LIABILITY Y Y 5087027302 12/08/2020 12/08/2021 (CEO MaccidentS BINED INGLE LIMIT $1 r 000r 000 `tl' X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Pera ccident $ U B UMBRELLA LIAB X OCCUR 9CE06710 03/27/2020 03/27/2021 EACH OCCURRENCE $4 000 000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s4,000,000 DED I X RETENTION$O $ U C WORKERS COMPENSATION Y KEY0138563 01/01/2020 01/01/2021 X PER OTH00 - AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A .. (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 A Protection&Ind. 7260M341401 03/27/2020 03/27/2021 1,000,000 c� DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Complete Certificate Holder: Monroe County Board of County Commissioners Project Name: Bimini Drive Bridge(#904603) Replacement Project Duck Key Monroe County, Florida (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All n hts reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD Packet Pg.453 #S1343640/M1343628 TYLWE DESCRIPTIONS (Continued from Page 1) If required by written contract, Certificate Holder is an additional insured with respect to General Liability and Auto Liability subject to the terms,conditions and exclusions of the policies. U) X U 0 U E c� c� 0 U E c� SAGITTA 25.3(2016/03) 2 of 2 #S1343640/M1343628 Packet Pg.454 C.8.b NIELSON, HOOVER & ASSOCIATES PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(A) BOND No.: 299276 CONTRACTOR: AMERICAN EMPIRE BUILDERS, INC. ADDRESS: 13775 S.W. 145T"COURT, SUITE 8 MIAMI, FL 33186 PHONE No.: (305)261-9276 E c� SURETY COMPANY: NGM INSURANCE COMPANY 0 ADDRESS: 4601 TOUCHTON ROAD EAST, SUITE 3400 JACKSONVILLE, FL 32246 PHONE No.: (904) 380-7282 OWNER NAME: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OWNER ADDRESS: 1100 SIMONTON STREET KEY WEST, FL 33040 c� PHONE No.: (305) 293-7500 CONTRACT/PROJECT NO.: PROJECT NAME: BIMINI DRIVE BRIDGE (#904603) REPLACEMENT PROJECT, DUCK KEY PROJECT LOCATION: DUCK KEY, FL LEGAL DESCRIPTION BIMINI DRIVE, DUCK KEY, FL AND STREET ADDRESS: Doc#2295125 Bk#3062 Pg#lg19 DESCRIPTION OF WORK: BRIDGE REPLACEMENT Recorded 12-il5 20204:47 PM Pagft i of[1 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MAppK,CPA FRONT PAGE All other bond pages)are deemed subsequent to this page regardless of any page number(s)that may be preprinted thereon. Packet Pg.455 C.8.b Bond No. 299276 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal stales and address) (Name,legal status and principal place of b its fness) American Empire Builders, Inc. NGM Insurance Company 13775 S.W. 145th Court, Suite B 55 West Street This document has Important legal Keene, NH 03431 consequences.Consultation with Miami, FL 33186 Mailing Address for Notices an attorney Is encouraged with respect to its completion or 4601 Touchton Road East, Suite 3400 modification. OWNER: Jacksonville, FL 32246 Any singular reference to (lraine,legal s tali ts and address) Contractor.Surety.Owner or as other party shall be considered Monroe County Board of County Commissioners plural where applicable. 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT c� Date: December 9, 2020 Amount:$ 3,190,000.00 Three Million One Hundred Ninety Thousand Dollars and 001100 0 ,E Description: E (Nance and location) Rimini Drive Bridge(#904603)Replacement Project, Duck Key, Monroe County, Florida U BOND Date: December 10, 2020 (Not earlier than Constnictlon Contract Date) 0 Amount:S 3,190,000.00 Three Million One Hundred Ninety Thousand Dollars and 001100 Modifications to this Bond: x❑ None See Section lfi CONTRACTOR AS PRINCIPAL SURETY Company: (Corporal' Seal) Company: (Corporate Seal) American Em Bu' ers nc. N G M Insurance Com ny Signature: Signature- Name 7 Name Ian A. Nipper and Title: and Title: Attorney-in-Fact (4iry additional signatures appear on the last page of this Fetfontranee BmkY.) (FOR INFO&W770rV ONLY---Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Architect,Engineer or other party.) 8000 Governors Square Blvd.9101 Kisinger Campo&Associates Miami Lakes, FL 33016 201 North Franklin Street, Suite 400 Tampa, FL 33602 305-722-26fi3 5-18521AS SM 0 Packet Pg.456 C.8.b §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §31f there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; ,2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price In accordance with the terms or The Construction Contract to the 2 Surety or to a contractor selected to perform the Construction Contract. X §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surcty's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner bus satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; cis §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or c� §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the 0 circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner,or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section i with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Cramer.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 5-185VAS 811 Q Packet Pg.457 C.8.b §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surcty to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractors Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's Iiability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase 0 orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ocased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs First.if the , provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisd iction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. E §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein,When so Aimished,the intent is that this Bond shall be construed as a statutory bond and not as a common low bond. x §14 Definitions c� §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behal For the Contractor under the Construction Contract. §14,2 Construction Contract-The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material m term of the Construction Contract. ' 414.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. $465VAS 8110 Packet Pg.458 C.8.b §18 Modifications to this bond are as follows: U) C 2 x E U 0 U E 0 U E (Space is provided below for additional signah►res of added parlies,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Tide: Address Address 8-185VAS 8110 Packet Pg.459 C.8.b 06-0306�44" U:NGM INSURANCE COMPANY POWER OF ATTORNEY 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 bebaEf 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 snake,constitute and appoint Jarrett Merlueci,Charles David Nielson,Joseph Penichet Nielson,David Russell Hoover,Charles Jackson Nielson,Ian 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, recognizances,contracts of indemnity,or other writings obligatory in nature of a bond subject to the following limitation: 1. No one band to exceed Five Nfilliosit:Dollars (S5,000,000.00) and to bind NGM Insurance Company thereby as fully and to the same 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. cs This power of attorney i. signed a sealed by facsimile under and by the authority of the followring:respluitioir adapted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. c� Voted:That the signature.of any officer authorized by the By-Laws and the company:seal:stay be affixed:by faacsunile to any. .power of attorney or special power of attorney or certification of either given:for:the execution of any band, : :: " undertaking, recognizance or other written obligation in .the nature thereof; such signature and seal, when so used bekig 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 thoug h manually affixed.: IN WITNESS WHEREOF, NGM Insurance Company has caused these presents:to be signed by its Senior dice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 26th day of September,2019. NGM INSI AI E CVMp N'Y By: — � A, Bruce R Fox Senior Vice President,General: Counsel and Secretary :. State of Florida; County of Duval. U On this September 26, 2019, before the subscriber a Notary Public of State of Florida in and. for.the County of Duval duly commissioned and qualified, came Br'iuce.R Fox of NGM Insurance Company, to me personally known to. be the officer described:: herein,:and who:executed the preceding instrument, and he acknowledged the execution of serve,acid beixig try:me fury sworn,deposed. A:,d sA;d ru,at he:iy a.^.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.; 1F9 WITNESS WHEREOF, :I.have hereunto set my hand and affixed kny official seal at Jacksonville,. Florida:this 26th ;day of: September, 2019. � iqr Caw�e,€.cur,s�r,m23 .. .Qaaleathmud� a�agryAW1, I,Nancy Giordano-Ramos,Vice President of NGM Insurance Company,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 WHEREOF,I have hereunto set my hand-arid:affixed the.seal of said Company at Jacksonville,Florida this day of WARNING:Any unauthorized reproduction or alteration of this document is prohibited. Q^` ' nd TO CC)F�FiRAi VAi IDftYdithe> tached.ho [l- 00�5-! DocuG iraea . oar mrc pr .g e�i rvrde Packet P 460 C.8.b Bond No. 299276 Document A3 1 2 TM - 20 1 0 conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Mange,legal status and address) (Nance,legal status and princrral place of hrtsiness) American Empire Builders, Inc. NGM Insurance Company 13775 S.W. 145th Court, Suite B 55 West Street This document has important legal Keene, NH 03431 consequences.consultation with Miami, FL 33186 Mailing Address for Notices an attorney Is encouraged with respect to its completion or 4601 Touchton Road East, Suite 3400 modification. OWNER: Any singular reference to 0 (Name,legal slates and address) Jacksonville, FL 32246 Contractor,Surely,Owner or other party shah be considered Monroe County Board of County Commissioners plural where applicable. 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT s Date: December 9, 2020 Amount:S 3,190,000.00 Three Million One Hundred Ninety Thousand Dollars and 001100 0 ,E Description: E (Nance and location) Bimini--Drive-Bridge[#904603] Replacement Project, Duck Key, Monroe County, Florida c� BOND Date: December 10, 2020 c� (Not earlier than Construction Contract Date) 0 Amount:S 3,190,000.00 Three Million One Hundred Ninety Thousand Dollars and 001100 Modifications to this Bond: ❑ None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: orparate Seal) Company: (Corporate Seal) Ameridan Empi uil r I NGM Insurance Compa cu Signature: Signature: Name Name Ian A. Nipper and Title: and Title: Attorney-in-Fact (tiny additional signatures appear on the lastpage of this Payment Bond) (FOR XFORWATfON DNLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (4rchltect,Engineer orotherporty.-) 8000 Governors Square Blvd. #101 Kisinger Campo&Associates Miami Lakes, FL 33016 201 North Franklin Street, Suite 400 305-722-2663 Tampa, FL 33602 S-21491AS$110 Packet Pg.461 C.8.b §I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished ror use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terns. §21f the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnities and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §31rthere is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Omer or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance orthe Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 0 §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the Iabor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13), §6.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a CIaim to the Surety(at the address described in 0 Section 13). E §6 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is suMcient to satisfy a Claimant's obligation to furnish a_writtca notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.I or 5.2,whichever is applicable,the Surety shalt promptly and at the Surety's expense take the following actions: x §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and 0 c� §7,2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 73 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. 1f,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorneys fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8•The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited ror any payments made in good faith by the Surety. g 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations or the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 5-214WAS 8110 Packet Pg.462 . C.8.b §10 The Surety stealI not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,CIaimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations, §12 No suit or action shall be commenced by a Claimant under Us Bond other than in a court of campetent jurisdiction in the state in which the project that is the subject of the Construction Contract Is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph arc void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and CIaims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be . performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereSnm and provisions 9= conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions c� §16.1 Claim.A written statement by the Claimant including at a minimum: E .1 the name of the Claimant; E .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant-to which Iabor,materials or equipment was furnished for use in the performance of the Construction Contract, .4 a brief description of the labor,materials or equipment furnished; .6 the date on which the Claimant last performed Iabor or Iasi furnished materials or equipment for use in the performance of the Construction Contract; , .6 the total amount earned by the Claimant for tabor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. 0 §16,2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract,The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,Iight,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's Iien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16:3 Co;istructlon Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491AS 8110 Packet Pg.463 C.8.b §16.4 Owner Default.Failure of the Owner,which has not been remedied a waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner end Contractor. §17 if this Bond is issued For an agreement between a Contractor and subcamtractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 118 Modifications to this bond are as Follows: The Provisions and limitations of Section 255.05 Florida Statutes. including but not limited to the notice and time limitations in 2 g Sections 255.65(2) grit! 255.o5(14). are ineo U) by reference. r�+orated.in this bond x c� 0 c� ,E E c� c� 0 c� E (Space is provided below for addlelonal signatures of added portles,other than thane wearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-21 491AS M0 Packet Pg.464 T PC.8.b 06-0306245^ NGM INSURANCE COMPANY POWER OF ATTORNEY. A Rimmm of.nm Main sueaA 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 fV, Section 2 of the By-Laws of.said Company,to wil "Article IV, Section 2.Tho.board of directors;.the president,any dice 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 giveft to the ir. " does hereby make,constitute and appoint Jarrett Merlucei,Charles David Nielson,Joseph Penichet Nielson,David Russell Hoover,Charles Jackson Nielson,Ian A Nipper,Brett Rosen<haus its true and lawful Attorne s4ri-f to make execute seal and deliver for and on its behalf,and as its act and deed,Winds. Y.:. . > undertakings,recognizances,contracts of indemnity, or other writings obligatory in nature of a bond subject to the 2 following limitation: 1 No one band:to exceed Five Milllop Dollar's 65001000.00) is and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the ! duly authorized officers of NGM Insurance Company; the acts of said Attome are hereli y y ratified and confirmed,. 'this parser of attorney is signed and.sealed by facsimile under and by the authorityof the follow`:utg res0lutiorr adopted , by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. 0 c� Voted:That the signature of any officer authorized by the By-Laws and the company seal may be affixed:by facsimile to any power of attorney or special power of attorney or certification of either given:for the execution:af any bond, . undertaking, recognizance or either written obligation in the nature thereof; such!signature and seal;when s6.used bei r':e.:.:y adopted by the company as the original signature of such office and the original seat of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN 1 ITIVES$.WFlERED ;NGM]insurance company has caused these presents to be signed by its:Senior Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 26th day of September,2019. NGM INSURANCE COMPANY By: 3E(7) Bruce R Fox Senior Vice.President,.General . Counsel an d Secretary. Mate.ofFiort : County of Duval. U On this September 26, 2019, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly . commissioned and qualified, came:Bruce R Font of NGM.Insurance: Company,:to me personally known to:be the.officer described: herein,and.who executed the preceding.instrument,and he acknowledged the execution of same,and being by!rne Wly swoM depwd anr( caul --at he is a t officer of said Company,aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seat and her signature as officer were duly affixed and subscribed to the said instrument by the 11 authority and direction of the.said Company;:that Article 1V,Section 2.of the By-Laws of said Company is now in farce: IN WITNESS WHEREOF, l :have hereunto set my haired.and affixed my official seal at Jacksonville, Florida:this pith o£!. 1 September, 2019. ren ssufxrufi .F rotartrPyblk-.9[+kofKbrlda c rErsiu�aa >+ AWL 1,Nancy Giordano-Ramos,Vice President of NGM Insurance Company,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 WHEREOF,I.have hereunto set my hand and!affixed the seal of said:Company at Jacksonville,Florida this Y o . a scwe�rirr WARNING:Any unwthori=d reproduction or alteration of this document is prohibited. TO CONFIRM.YALfDn-Y of the hot bo 1: call t � p ng on SvMe2Pg.,4651 � ° :.roa a n InlC r Packe .� : C.8.c Client#:720292 AMERIEMPIR DATE(MMIDDIYYYY) ACORD_ CERTIFICATE OF LIABILITY INSURANCE 12/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ........ ...... IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER (CONTACT Certificate Specialists Marsh&McLennan Agency PHONE 727 447 6481 FAX A/C,No,Ext): (A,fC,N,oy,'r Bouchard Region ADDRESS. certificates@bouchardinsurance.com 101 N.Starcrest Drive INSURER(S)AFFORDING COVERAGE NAIC# Clearwater, FL 33765 INSURER A:Landmark American Insurance Company 33138 INSURED � � INSURER B StarStone Specialty Insurance Company 44 776 _ American Empire Builders,Inc. INSURER c StarNet Insurance Company 4004. p y 5 13775 SW 145th CT INSURER D:Allied World Assurance Company(U.S.)1 19489 Suite B ......... .......... INSURER E:Vantapro Specialty Insurance Company 44768 Miami,FL 33186 Charter Oak Fire s INSURER F:Ch Insurance Co 25615 0 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. NS IR ADDLSU BR POLICY EFF POLICY EX LTR TYPE OF INSURANCE..... INSR WVD ..... POLICY NUMBER .._... _(_MMIDD=(MMmMyYYYi ..... ,LIMITS ..... n� AL $1,0 A +�( COMMLEAR MIS-MADEER�IOCCUR Y Y LHA113621 12/08/2022 12/08/202 EACH OCCURRENCE 00,000 PJ VA TOERENT vI$1OOe000 5m a.x MED EXP erson) $5,000 �An,)r one.p.,.. PERSONAL&ADV INJURY $1,000,000 C8 FwHER: 'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE ... ........ _ ',$2,000,000 n� POLICY d X7 dEC111240 LOC PRODUCTS-,COMP/OPAGG $2,000 OOO----........ ..A $ ,,,, E ......... ........... ........... --- }..... tMriINFD ............. SINGLG't.WT E AUTOMOBILE uABlurr Y Y 5087027304 12/08/2022 12/08/2023 Ea* d(anD.... $1,000,000 c XI ANY AUTO BODILY INJURY(Per person) $ 00 OWNED SCHEDULED BODILY INJURY(Per accident) $ a - '�AUTOS ONLY AUTOS I -- �-• � HIRED NON-OWNED PROPERTY DAMAGE $ .1111,X AUTOS ONLY X.. AUTOS ONLY .,(,Ppr earvden -..,.,... m. CL $ X B",.Ex X OCCUR MADE Y Y 89186A222ALI 12/08/2022 12/0� UMBRELLA LIAB Q$/202 EACH OCCURRENCE $_�QLQ�OOO ®� d EXCESS LIAB AGGREGATES,OQO,QOO DED I _, �RETENTION$ ? ... C ;WORKERS COMPENSATION Y KEY0145742 12/08/2022 12/08/2023 X PER OTH (Mandatory in NH) E.L DISEASE E ER , AND EMPLOYERS'LIABILITY YIN _ CCIDENT :$1 0001000 N uM E-EAEMPLOYEEI$1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE' _ OFFICER/MEMBER EXCLUDED NIA A If yes,describe under DESCRIPTION OF OPERATIONS below -E.L.DISEASE POLICY LIMIT $1,0001009 D Pollution Liab. Y Y 03128724 12/08/2022 12/08/2023 $2M/$2M cs Professional Liab Y Y F Rent/Leased Equip QT6608S92240ATIL 12/08/2022 12/08/202 $1 000,000 per item DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If required by written contract,Certificate Holder is an additional insured with respect to General Liability,Auto Liability,Professional Liability, Pollution 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. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION13y, 12 N , %'2 SHOULD ANY OF THE DATL Monroe County Board of County THE EXPIRATION DAT Commissioners ACCORDANCE WITH T 1100 Simonton St Key West,FL 33040-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S12094770/M12092801 RCGAD Packet Pg.466 C.8.c DESCRIPTIONS (Continued from Page 1) 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. There are no exclusions for Jib,Boom and/or Overload on the Rented/Leased Equipment policy. Complete Certificate Holder: Monroe County Board of County Commissioners and FDOT Project: Boca Chica Road Repairs Explosion,Collapse&Underground Hazard(XCU)coverage included in the GL policy.It is agreed by endorsement to the general liability,auto&workers comp policies that this policy shall not be cancelled by the insurance carrier without first giving thirty(30)days prior written notice except for nonpayment of premium. 0 X c� 0 c� E M cN co cN V- CL I U I E c5 SAGITTA 25.3(2016103) 2 of 2 #S12094770/M12092801 Packet Pg.467