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Item C14 C14 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: C 14 2023-1420 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Clark Briggs AGENDA ITEM WORDING: Approval to award bid and approve a contract with American Empire Builders Inc., the lowest and only responsive bidder for the Harbour Drive Bridge(#904604) Replacement Project on Duck Key in the amount of$5,780,000.00. ITEM BACKGROUND: The Harbour Drive Bridge (#904604) Replacement Project was advertised for bids on June 2, 2023. One bid was received on July 6, 2023 with American Empire Builders Inc., being the lowest and only responsive bidder, for $5,780,000. PREVIOUS RELEVANT BOCC ACTION: On September 6, 2023 the BOCC approved a task order with Kisinger Campo and Associates, Inc. for Engineering Design and Permitting Services for the Harbour Drive Bridge Replacement Project CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval of bid and contract. DOCUMENTATION: AEB Contract- Harbour Drive Bridge-signed and sta p.pdf COI - Monroe County BOCC - #904604 Harbor Drive Bridge Duck Key Monroe County.pdf FINANCIAL IMPACT: Effective Date: 9/20/23 Expiration Date: 540 days after notice to proceed Total Dollar Value of Contract: $5,780,000.00 Total Cost to County: $5,780,000.00 Current Year Portion: $0.00 Budgeted: Yes Source of Funds: 22561-SC 00122 647 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes 648 Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the day of in the year of Two Thousand and Twenty Three. BETWEEN the Owner: Monroe County Board of County Commissioners (`BOCC") 1100 Simonton Street Key West,Florida 33040 ("Owner") And the Contractor: American Empire Builders,Inc 13775 SW 145t"CT., Suite B Miami,Florida 33186 ("Contractor") For the following Project: Harbour Drive Bridge (#904604)Replacement Project Duck Key Monroe County, Florida ("Project") Oversight for Owner: WSP USA INC. 7650 Corporate Center Drive, Suite 300 Miami, Florida 33126 Engineer: Kisinger Campo &Associates 201 North Franklin Street Suite 400 Tampa,Florida 33602 649 The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral. Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke,P.E. Director of Engineering Sei vices Monroe County . 1100 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: Anthony Gonzalez American Empire Builders,Inc. 13775 SW 14511 CT.,Suite B Miami, Florida 33186 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the harbour Drive Bridge (#904604)Replacement Project ARTICLE 3 650 f . Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 540 days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. MQMA7ED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. Liquidated damages will be accessed through a reduction in the final payment. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31st DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100,00/DAY 200.00/DAY 750,00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500,00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm., hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts,riot,or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials,components,or services, market conditions, or supplier actions or contract disputes will not excuse performance by 651 Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Harbour Drive Bridge(##904G04)Replacement Project, the Contract Sum of FIVE MILLION SEVEN HUNDRED EIGHTY THOUSAND DOLLARS. ($5.780.000 subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Stun 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. 652 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 Docw-rents,the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sutra 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 Stun shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any,with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing),less retainage of Five percent(5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Swrt, less such an amount equal to 150 percent(150%)of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled claims, including the assessment of liquidated damages; and 5.7.2 Within 20 business days after the list of incomplete Work is created the Owner must pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work(i.e. "punch" list items); and 5.7.3 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 653 ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Su;n, shall be made by the Owner to the Contractor when(1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, including the assessment of liquidated damages: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287,133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a 654 public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives,shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to See. 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 riles (including documentation covering negotiated settlements);backcharge logs and'supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends;any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors'representatives. All records shall be kept for seven(7)years after Final Completion. c) Governing Law,Venue, Interpretation, Costs,and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 655 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. d) Severability: If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms,covenants,conditions and provisions of this Agreement,shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seep, 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 656 i I i any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes,and all local ordinances,as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities;4)The Age Discrimination.Act of 1975,as amended(42 USC ss.6101- 6107)which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,ss. 523 and 527(42 USC ss. 690dd-3 and 290ee- 3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article 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. j) Covenant of No Interest; County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement,and that only interest of each is to perform and receive benefits as recited in this Agreement. k) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding,but not limited to, solicitation or acceptance of gifts;doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Contractor warrants that he/it had not employed,retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also,in its discretion,deduct from the contract or purchase price,or otherwise recover the full amount of any fee,commission,percentage,gift, or consideration paid to the former County officer or employee. 657 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm,other than a bona fide employee working solely for it,any fee,commission, percentage,gift,or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration. in) Public records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,and inspection of, all documents, records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party,be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision, Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) beep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all 658 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 immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor, A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN MONROECOUNTY-FL.GOV l�'IONROE COUNTY ATTORNEY'S OFFICE 111112" Street SUITE 408 KEY WEST FL 33040. 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. 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 659 the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility, Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder,and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crone Statement, an Ethics Statement, and a Drug- Free Workplace Statement. s) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. u) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend,indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, 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, 660 reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall inden-mify the County from any and all increased expenses resulting from such delay. 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 fin-ther agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 concerning termination or cancellation, y) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking,maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. z) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation,execution,performance,or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 661 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 Monroe County Board of County Commissioners, its employees and officials as "Additional Insured"on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents; The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns:The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party, 7.10 Americans with Disabilities Act of 1990(ADA)-The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 E-Verify System -Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien, The Contractor shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 662 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. 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 May 2023 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3,and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Roadway Plans,Kisinger Campo and Associates,28 Sheets,May 2023 Signing and Pavement Marking Plans,Kisinger Campo and Associates, Sheets S 1-54,May 2023 Structural Plans,Kisinger Campo and Associates, Sheets B1-B29,BQ-1,BW 1-BW 12, and BX1-BX13,May 2023 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. See Article 1. 663 i I i IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Cleric OF MONROE COUNTY,FLORIDA By: By As Deputy Cleric Mayor/Chairinan Date (SEAL) AMERICAN EMPIRE BUILDERS,INC. Attest: B B Y• Y: l Title: Title: P-A-Q_a� MONROE COUNTY ATTORNEY �'f 11'NR U}Yp AS TD FO CHRIST'PNE LIMBERT•BARROWS ASSISTANT COUNTY ATTORNEY DATE __._. L'I I. _.�.._..... 664 Horbowt Drive n'dW Re zinc il Pro'nc NON-COLLUSION AFFIDAVIT 1,ANTONIO M. GONZALEz of the city of MIAMI according to law oil my oath,and wider penalty of peijmy,depose and say that; 1. I am ANTONIO M. GONZALEZ-P RESIDENT of the firm of AMERICAN EMPIRE BUILDERS INC. ,the bidder plaiting the Proposal for the project- described in the Request for Competitive Solicitations for: Harbour Drive Bridge(9904604)Replacernent Project Monroe County,Florida and that l executed the said proposal with full ai.ithority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, Communication or agreement for the purpose of restricting competition, as to any platter relating to such process with any other bidden or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be ]glowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been mado or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.). the statements contained in this affidavit are true and correct, and made with full knowledge tbat nroe County relies upon the truth of the statements contained in this affidavit in Abre lg contracts for said project. {Sig Bidder) (Date) STATE OF: FLORIDA COUNTY OF: MIAMI-DAD Subscribed and sworn to(or affirmed) before nee, by means of❑ physical presence or❑ online notarization, on 7/6/2023 (date)by ANTONIO M.GONZALE,Z (name of affiant). QD/She is personally known to or has produced (type of identification)as identificati0 GiNETCEGARCIA * Commission It NN 385517 Nr ¢Q Expires April25,2027 _ NO UBi IC My commission expires: ___ _ May 2023 BID PROPOSAL 000110-9 665 Harbour Drive Bridge(#904604)R WAN»>enr_P_rqj'QCt LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO, 010-1990 MONROE COUNTY,FLORIDA + 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 County officer or employee in violation of Section 3 of Ordinance No. 010-1990, For breach or violation of this provision the County may, in its discretion, terminate this contract 't,out liability and may also, in its discretion, deduct from the contract or purchase price, or o wise re ver the frtl[ amount of any fee, commission, percentage, gift,or consideration paid to the form iiri rcer r etrtplo ee", 07/06/2023 gnature (Date) STATE OF: FLORIDA COUNTY OF: MIAMI-BADE Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on 716/2023 (date) by ANTONIO M. GONZALEZ (name of affiant). She isersonally known to me or has produced (type of identification) as identification. NOTARY PUBLIC—' My Coml 10ftn BxWl@fir * * Commission#HIA 385677 �rFOF FLQ�o Expires April 25,2027 NOTARY PUBLIC My commission expires: May 2023 BID PROPOSAL 00011.0-10 666 i I I f 19nrbnur Drive Bridge f690$6041 itcp4ncement Project DRUG-TREE WORKPLACE FORM The undersigned Contractor in accordance with F'l.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. 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. 1n the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that arc 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 noto contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convieted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, .I certify that this firm com s f t> y wi above requirements. i de s Sigl ure STATE OF: FLORIDA COUNTY OF: MIAMI-DADE Subscribed and sworn to (or affirmed) before me, by means of 1A physical presence or El online notarization, on 710 023 (date) by ANTONIO M. G NZALEZ (name of affiant). H She is personally known to me or leas produced (type of i entification)as identification. tARv Pop a°.° •.�� GINETTEGARCIA N Y PUBLIC * * Commission 11 Hfl 385571 ��� ExpiresApri125,2027 My Commission Expires: �F f4 May 2023 BID PROPOSAL 000110-11 667 J gr.pur Drive Bridn(#904604)Itepincement Project PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor li.st following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida. Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor Iist," l have read the above and state that neither AMERICAN EMPIRE BUILDERS,INC. (Proposer's name) no.. n H-ia-e as een placed on the convicted vendor list within the last 36 months. 7/06/2023 S i gnature) (Date) STATE OF: FLORIDA COUNTY OF: MIAMI-DADE Subscribed and sworn to(or affirmed)before me,by means of El physical presence or ❑ online notarization,on the 6TH day of JULY ,2023 , by ANTONIO M.GONZALEZ (name of affiant).&She is personally known to me or has produced (type of identification)as identification. PoA fto, GINSTTEGARCIA r�� Commission�HH 385577 r, ftio� Exphs April 25,2027 My Commission Expire A, NOTARY PUBLIC May 2023 BID PROPOSAL 0001 10-12 668 Harbour Drive_Bridge 9904604 Replacement Project SECTION 00110 Bid Bold KNOW ALL MEN BY THESE PRESENTS,that we American Fm Ire Builders,Inc.,,13776 SW 145TH CT,ste.B,Miami,FL 33186 (Here insert full name and address or legal title of Contractor) as Principal,hereinafter called the Principal,and Davolapore Surely and Indemnity Company,ao 3uperlor Ave,21st Fir,Cleveland,OH 44114 (I-1cre insert full name and address or legal title of Surety) a corporation duly organized Linder the laws of the State of California Monroe County Board of County Commissioners as Surety,hereinafter called the Surety,are held and firmly bound unto1100 Simonton Street,Key West,Florida 33040 (Here insert Rill name and address or legal title ofOwner) as Obligee,hereinafter called the Obligee,in the suin of Five Percent of Amount Bld Dollars($5%of Amount Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents, Harbour Drive grudge(#r304604)Replacement Project, WHEREAS,the Principal has submitted a bid for Duck Key,Monroe County,Florida _ (11cre insert full name,address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall-enter a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Conti-act documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the arnount specified in said hid and such larger alnOURt for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,them this obligation shall be null and void,otherwise to remain in full force and effect, Signe sealed this 3rd _ day of duly 2023 American Empire Builders,Inc. (Witness)c) (Principal) (Seal) .- - Developers Surety and Indemnity Company (Witness) Ellie Kugler (Surety) (Seal) (Title) Warren M.Alter,Atlorney-ln-Fact •.•��ti�t N+IDry!, :'yo,•�o�Ri .,,?�Q•*•rah,. May 2023 BID PROPOSAL 000110-13 669 DucuSign Envelope ID:r135©O47S-Co8F•4EFE-PAP'6,2BD44994CEBB POWER OF A'1'i'OKNIrY FOR CORIWOINT'h,INSURANCE COMPANY DEVELOPERS SURETY ANn INDFMNITY COMPANY 59 Maiden Lane,New York,NY 10038 (212)220-7120 KNOW ALL BY TI IESH PRk.SI:N'I'S that,except as expressly limited herein,CORI:1'01N'IT INSLIRANCH COMPANY and DEVBLOPGRS SURHTY AND JNDE3MNITY(;OM PANY,do hereby make,constitute and appoint: Worran M.Affcr uad David Solloe of Miami Lakes,FL us its true and lawful Atlorney(s)-in-Fact,jointly and scvcrully,to make,execute,deliver untl acknowledge,for Laid on behalf of said companion,as sureties, bonds,tmdurtakings and contracts ufsuretyship giving and grurtl ing unto said Allomcy(s)-in-Fact full power and aulhority to do unit to porfunn every uct necessary,rcyuisilc or proper to be done in connection therewith as each or said company could do,but reserving to Poch of said company Ild t power of substitution and revocation,and all of the nets of said Attomcy(s)-in-Vact,pursuant to these presents,arc hereby rattfiPd and confirmed, This Power of Attorney is elluetivu December 31,2022 and shall expire on December 31,2023. This Power ol'Alloniey is granted and is signed under and by authority of the following resolutions adopted by tlx:Board of Directors ofC:OREPOINTF. INSURANCE?COMPANY and DEWlit.011FAS SURFfY AND INDRIv1NITY COMPANY(cullcctively,"Company"),ofractive asorSepw rabcr 1,2022. RESOLVED, that Churles CYRat.Princiaal and Chief Uncle .In Of PeAe an olTtccr of Euclid Surety LLC(the"fiuclid Oi1"itw"),is hereby aulhorizv4 to execute it Power of Atlomcy,tivalifying the altomey(a)-in-i'nct named in this Power of Altomay to oxecute,onbchalfol'tbo Company, bonds,undertakings and contracts or suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the Company be,and each orihom heruby ix,aothortxcd to attest the execution of any suah Power orAttorney, RESOLVED,that the sibmatura or the Huclid OlGeor and the Socrelaly or any Assistant Secrcinry of the Company,and the seal of the Company must be affmcd to any such Power of Atlomcy,and any such signature;or soul may be affixed by facsimile,and such Power of Attomay shall he valid and binding upon the Company when so uffixW and in lllc friture with respect to any bond,underloking or contract of suretyship to which it is attached. IN WITNESS WI-JERE017,COREPOINTR INSURANCE COMPANY and DEVELOPERS SURUTY AND INDEMNITY COMPANY have cwsyd these pres+uats to be sipflod by 11rc Euclid Otliaer rm+l attested by their Secretary or Assistant Secretary this November 17,202.2. ,111 it ttr/111! '10 %iiso I I/I/llal r A ( (� P C O (0 �� Claw csfyg, C+tlrcipaEan+! r •••• Chit 1Suretyl'I(g O Mcar R,ft111111 I4{rli{,`,,r I,rIrRO it*{t{i"i y,`,; STATE OF COUNT ��Y ]yOF !! on this of 20�r�' cfore me, .` personalty appeared CU ARL,S C�who proved to me on the basis of Rati.cl'uciory evidence to be the person whose narne, MIl)scribed tt�t�Wdhin the instrument and acknowledged to me that they executed the scone in their authorized capacity,and that by ilia signature on the instrument Ihx ol(tics upon behalf which the person acted,executed this instrument, [certify,under penalty ofperjury,under(lie laws oftbe Stale of _L!w Ihat the foregoing paragraph is true and correct. WITNESS my hand anduflicial seal. OFFICIP.1-SEAL l<AAl � ��f !'F:Y 7 _ NOTARY PUBLIC,STATE OF ILLINOIS Signuturc......._..-..... .._.- _.. My Coftirtission Expires 0-27.2025 CORPORATE CERTIFICATION The undersigned, tho Secretary or Assistant Sucretary of COREPOINTE INSURANCE COMPANY and DHVHIjDPHRS SURI- Y AND INDEMNITY WMPANY,does hereby codify that the provisions of the resolutions or the respective Boards of Direc:lors of said corporations set forth in this Power of Atlomcy arc in force Ise oflltedate of this Certification. This Certification is executed in LhP City of Cleveland,ghio,this December 29,2022 19:35 AM PST tlocu8lgned by: By:_ _ ��1 l�1 nt`�_m--_-_s _ Burry W.Mos i_Assistant Secretary t1fSe�iAC}tFa"4tEC... POA No, 6.2 Ed, 1122 Signed and Sealed this Ord day of July , 2023. 670 I I Harbour Drive 13rs1�9,1)Ctepl_acement Project Bidder's Insurance Statement The.Insurance requirements are set fortis in Section 00900 of the project manual as follows: Insurance Reguilrement Limits Worker's Compensation Statutory Limits Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000 General Liability GL7 $5,000,000 Combined Single Limit GLXCU *Requited Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VL3 $500,000 per person; $1,000,000 per occurrence (Owned, fired and $100,000 Property Damage Non-owned Vehicles) or $1,000,000 Combined Limit 1 understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. All insurers shall have at)A.M.Best rating of*and d .o do business in the state of Florida. AMERICAN EMPIRE BUILDERS,INC. :7/0612023 Name of Business Date May 2023 BID PROPOSAL 000110-14 671 E f Harbour Drive Bride 90 6 4)RCPIace1a)9[3LPr1)i%J VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project DescriptiOn(S);_ HARBOUR DRIVE BRIDGE IA904004 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,SLJITE B City: MIAM1 State; FLORIDA zip; -- Phone Number: 305.261-9276 Email Address; TGONZALEZc@AES-US.COM Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Etiergy 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 oil the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Isracl and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287,135, Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: ANTONIO M.GO AI_E PRE DE _ who is authorized to sign on be v •efe•enced parry. Authorized Signature• Print Name: ANT O M.GONZALEZ Title: PRESIDENT Note: The List are available at the following Department of Management Services Site: hltp://4vww,clnis.iiiyiloricla.coni/busi.iiess operations/state purchasing/vendor information/convicted suspended cliscriiiiiii i o y_com)18!iits vendor lists May 2023 BID PROPOSAL 000 1 1 0-1 5 672 Client#: 720292 AMERIEMPIR DATE(MMIDDIYYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 8/22/2023 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 al°NNo Ext:727 447-6481 arc,No 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 44776 American Empire Builders, Inc. StarNet Insurance Company 40045 INSURER C: p Y 13775 SW 145th CT INSURER D:Allied World Assurance Company(U.S.)1 19489 Suite B INSURER E:Vanta ro Specialty Insurance Company 44768 Miami, FL 33186 INSURER F: Charter Oak Fire Insurance Co 125615 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY Y Y LHA113621 12/08/2022 12/08/2023 EACH OCCURRENCE $1 OOO 000 CLAIMS-MADE � OCCUR PREMISESOERENTED rnce $100 000 MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO- POLICY� JECTT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY Y Y 5087027304 12/08/2022 12/08/2023 COMBINED SINGLE LIMIT 1 00O 000 Ea accident $ > > X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LIAB X OCCUR Y Y 89186A222ALI 12/08/2022 12/08/2023 EACH OCCURRENCE s5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ C WORKERS COMPENSATION Y KEY0145742 12/08/2022 12/08/202 X PER IER OTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1 00O 000 OFFICER/MEMBER EXCLUDED? � N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 00O 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution Liab. Y Y 03128724 12/08/2022 12/08/202 $2M/$2M 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 I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT: #904604 Harbor Drive Bridge Duck Key Monroe County ADDITIONAL INSURED(S): Monroe County Board of County Commissioners If required by written contract, Certificate Holder is an additional insured with respect to General Liability, Auto Liability,and Excess Liability,subject to the terms, conditions and exclusions of the policies. a 6X T ) / By 82 "2�3 (See Attached Descriptions) DATE-- A I CERTIFICATE HOLDER CANCELLATION Monroe Count Board f Count Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County o y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights resen-1 ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 673 #S13169956/M12092801 RCJTF DESCRIPTIONS (Continued from Page 1) 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. 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. SAGITTA 25.3(2016/03) 2 of 2 674 #S13169956/M12092801