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Item C28 C28 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 October 18, 2023 Agenda Item Number: C28 2023-1664 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Tyler Jackson N/A AGENDA ITEM WORDING: Approval of an amendment to the General Conditions of the Contract with American Empire Builders, Inc. for repairs to Boca Chica Road due to damage from Hurricane Irma to include Article 14.5, Termination for Cause and Convenience. ITEM BACKGROUND: The County awarded the contract for roadway repairs on Boca Chica Road, which includes roadway reconstruction, milling, re-paving, re-grading roadway shoulders,pavement markings, signage, rip-rap and sheet pile retaining walls and other construction on 1400 feet of the South end of Boca Chica Road. This project may seek funding from the Federal Emergency Management Agency(FEMA)which requires certain contract terms to be included. The County seeks to amend Article 14, Termination or Suspension of the Contract, to add Article 14.5, Termination for Cause and Convenience as Required by 2 C.F.R. Part 200 Appendix II. PREVIOUS RELEVANT BOCC ACTION: BOCC approved a construction contract with American Empire Builders, Inc. for repairs to Boca Chica Road that was damaged by Hurricane Irma on the May 18th, 2022 meeting. CONTRACT/AGREEMENT CHANGES: Amendment STAFF RECOMMENDATION: Approval as Requested DOCUMENTATION: [SIGNED] Amendment to Agreement AEB Construction.pdf executed contract.pdf 1202 2022 12 COI AEB GL AL WC PL exp 12.8.23 signed.pdf FINANCIAL IMPACT: NA 1203 Amendment to Agreement for Hurricane Irma Boca Chica Roadway Repairs PP r THIS Ally ENDMENT 1 to the CONTRACT is entered into this l V day of October 2023, between Monroe County, whose address is 1100 Simonton Street, Room 2-216 Key West,Florida 33040, hereafter the "COUNTY" and American Empire Builders, Inc., whose address is 13775 SW 14511 Ct. STE. B,Miami,FL 33186, hereafter referred to as "CONTRACTOR". WHEREAS, on May 18th, 2022,the parties executed a contract for Construction for the Hurricane Irma Boca Chica Roadway Repairs Project("Project"); and WHEREAS,this Project may seek funding from the Federal Emergency Management Agency (FEMA) which requires,per 2 C.F.R.Part 200, for certain contract terms to be included; and WHEREAS, in order to ensure that the contract agreement is in compliance with the required federal contract provisions, the County seeps to amend the Agreement to include the updated Termination section of the Project Manual; NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and CONTRACTOR agree to amend Article 14, Termination or Suspension of the Contract, Section 00750-General Conditions of the Contract for Construction,to add the following; 14.5 TERMINATION FOR CAUSE AND CONVENIENCE AS RE,QUIRED BY 2 C.F.R PART 200 APPENDIX II 14.5.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. 14.5.2 Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30)days written notice of its intention to do so. 14.5.3 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such germination, prior to termination, the COUNTY shall provide CONTRACTOR with five(5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 1 1204 14.5.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Cleric OF MONROE COUNTY,FLORIDA By; By As Deputy Clerk Mayor Date MONROE COUNTY ATTORNEY .+,PPR V S TO FOR CHRISTINE LIMBERT•6ARROWS ASSISTANT COUNTY ATTORNEY DATE _.._j.Q1 � .............._.. (SEAL) AMERICAN EMPIRE BUILDERS,INC. Attest: Title: Admin Asst. Title: President 2 1205 GV�S COURTg c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: May 26, 2022 TO: Judith Clarke, PE, Director Engiueeriiig/Roads &Bridges ATTN: Nicole Twyrnan Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: May 18' BOCC Meeting Attached is a copy of the following item for your handling: E2 Contract with American Empire Builders, Inc. iii the amount of$1,100,007.95 for repairs to Boca Chica Road, which was damaged by Hurricane Irma, and approval to waive a minor bid calculation irregularity. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid? limn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1206 Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of'payment is a STIPULATED SUM AGREEMENT Made as of the 181h day of_May,_ in the year of Two Thousand and Twenty-Two, BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: American Empire Builders, Inc, ("Contractor") 13775 SW 145" Ct., STE. B Miami, FL 33186 For the following Project: Hurricane Irma Boca Chica Roads Repairs Project Monroe County, Florida ("Project") Oversight for Owner: Monroe County Engineering Services Department 1100 Simonton Street, RM 2-216 Key West, FL 33040 Engineer: Cardno, Inc. 10004 Park Meadows Drive Suite 300 Lone Tree, CO 80124 The Owner and Contractor agree as set forth below, 1207 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 for 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 CONTRACTOR. 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 Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: Antonio M. Gonzalez 13775 SW 145 th Ct., STE, B Miami, FL 33186 ARTICLE 2 The or of this Contract The Contractor shall execute the entire or 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 Hurricane Irma Boca Chica Road RepaiLLLL2jgSL ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated 1208 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 tothe Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ays after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQ UID ATE D DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 3 1 s'DAY & CONTRACT AMOUNTITITITITIT 15 DAYS 15 DAYS THER.ITEAFTER Under 50,000.00 $50.00/DAY $100m00/DAY $250.00/DAY $50,000.00-$99,999.00 1 00.00/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 500m00/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 ernergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or- availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 1209 ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's perfon-nance of the Contract, for the "yrricane Irma Boca Chica Road Rep airs_Prjo cat.the Contract Sum ONE MILLION, ONE HUNDRED THOUSAND, SEVEN DOLLARS AND NINETY FIVE CENTS ($1,100,007.95), 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- one 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 oft e Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the or as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of 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 con d by the Owner. When both additions and credits covering related Work or 1210 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 Nhic'ty'-fi-v'e percent (95%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 1211 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 deten-nination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement and if applicable in accordance with 2 C.F.R. §200.333. Each party to this Agreement or its 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 five 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, or were wrongfully retained by the CONTRACTOR,the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03,of the Florida Statutes, running from the date the monies were paid by the COUNTY. 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 1212 rebates and dividends-, any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges,verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion. c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. d) Severabill ty: 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. 1213 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/Equal Employment Opportunity: CONTRACTOR and its subcontractors and COUNTY 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. CONTRACTOR or COUNTY agrees 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 handicaps-, 4) The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age-, 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism-, 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records-, 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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 may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article It, 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. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339),as amended by Executive Order 11375, Amending Executive Or 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11,T C, agrees as follows- I) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising-, layoff or termination; rates of pay or other forms of compensation-, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or 1214 on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. 7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. 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. 1215 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 fon-ner County officer or employee. 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 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) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request 1216 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] 19.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT—THE CUSTODIAN OF PUBLIC RECORDS,- BRIAN BRADLEYAT PHONE# 305-292-3470 BRADLEY-BRIAN(&MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 TH Street, SUITE 408, KEY WEST,JT 3,3040., n) Non-Waiv 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. 0) 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. 1217 q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. S) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. U) Secti® Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. V) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. 1218 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend Such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. X) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions, If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 concerning termination or cancellation. y) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. Z) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the 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 1219 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 (A A) ® 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. 44&095 7.12 Federal Contract Requirements: The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as amended, including but not limited to: 7.12.1 Davis-Bacon Act, as amended (40 U&C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act(40 U.S.C.§§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The prevailing wage determination is included as Attachment A. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COLNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program),the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor 1220 regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all Suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C.§ 3145, and the requirements of 29 CY.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA mayby appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance byany subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 CYR. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 7.112 ('011(rad WOd< IJOUVS find Sptbty StandLirds Ac (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. or in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for a]I hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess 1221 of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 CYK § 5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholdingfbr unpaid wages and liquidated damages. FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract or Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4),5ubcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). 7.12.3 Rights to Inventions Made t lnder a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.12.4 (Jean Air Act (42 U.S.C. 740L-7671c .L L and the Federal Water P 1101IL160_ Control Act (33LJ.S.(_', 125 1 -1387'. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as 1222 amended—applies to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FERIA/federal agency and the appropriate EPA Regional Office. 7,12.5 Debarment and, SL1SPC,11Si011 (Executive Orders 12549 and 12689)—A contract award under a "covered transaction"(see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" And the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SA M Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SA M exclusions can be accessed at uyww.sanj,.ggy. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates(defined at 2 C.F.Rm §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.Rm pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment, Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 7.12.6 Byrd Anti-Lobbying., Amendment (31 LJ.S.C. 13521.....-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If the award exceed $100,000, the attached certification must be signed and submitted by the contractor to the COUNTY. Comp]iance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource 1223 Conservation and Recovery Act, The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000,- procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines, in the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired---- 1. Competitively within a timeframe providing for compliance with the contract performance schedule-, 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement,along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https: www.epa.gov smin comprehensiveprocLirei-nent- gUideline-cpa-prograrn. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 7.7.1 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain- (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (I) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (III) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. 7.7.2 Domestic preference for procurements as set forth-in 2 CFR §200.322 The COUNTY and CONTRACTOR should,to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: 1224 (I) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; Mass, including optical fiber; and lumber. Other Federal Requirements: 7.11J0Atnericans with Disabilities Act 1990,as _amended iAl"_)21k j 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. 7.11.11 Disadvantages Business Enterprise (DBE) Policy and Obligation — It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 7.11.12 2 (_,,J".R.j_2QQ.32l CONTRAC]"IN(; WITH SMALL ANI), MINORI-l''N' 1311SrN SSE,�_� W(7MEN'S BUSINI--'SS FNTERPRISE�, �Nil) LABOR SURPLUSAREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement,seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §20032 1,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources-, (3) Dividing total requirements, when economical) 1easible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the.requirernent perm it's, which encourage participation by small and minority businesses, and women's business enterprises-, (5) Using the services and assistance,was yLpproj Ej.i!jLq, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 1225 (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. 7.12 The CONTRACTOR is bound by the terms and conditions of the Federally® Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County webpage- [iu and incorporated by reference. 7.13 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement,to the extent allowed and required by law. 7.13 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility 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 employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.14 EnerRv Efficiency® - CONTRACTOR will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 7.15 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 7.16 DHS—Se.al, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 7.17 Chanues to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. 1226 7.18 Chn-iliance with Federal Law. Regulations, and Exegqive Orders. This is an acknowledgement that FERIA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 7.19 No..k,Lbrigation by Federal Goveriuneil.t. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 7.20 llrograni FlMid and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 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. Under no circumstances shall the remedies provided for under Article 14 exceed the Contract Sum as set forth in Article 4 above. 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 this Project Manual 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: Cardno, Inc. Signed and Sealed July 2021 1227 Sheets 1-31 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. 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. 1 23 BOARD OF COUNTY COMMISSIONERS VIN MADOK, Clerk OF MONROE COUNTY,FLORIDA BY�VMtr N - __ -As epufy C e k- Mayor Date I Zr1zZ (SEAL) CONTRACTOR Attest: Antonio M Digitally signed by Antonio M Gonzalez By. A Yactl�4 sry'ia.�a. By Gonzalez Date:2022A5.0276:52:46 04'00' ;. .. Title: Admin. Assistant Title: President .. .,-.. ..._ _ ... -:; MONROE COUNTY ATTORNEY :. END OF SECTION 0050 +i',:IRAi )';:Grf Yi%�rlrr7j; CNRISTTNELIMBERT-BARROWS, ASSj5TANT.00UN7K c1'0R.yEY �.J r .___. CamJ -2� 1228 SECTION 00300 SCOPE OF WORK 1. GE"NERALSCOPE 1.1 The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package and to comply with the requirements of the Federal Emergency Management Agency(FIRMA). 1.2 The Scope of Work consists of Roadway Repairs. This includes roadway reconstruction, milling, re-paving,re-grading roadway shoulders,pavement markings,signage,rip-rap and sheet pile retaining walls and other construction as shown on the Drawings and included in the Technical Specifications. L3 Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, transportation, inspection, and proper execution and completion of all Work as specified in the Project Manual included in this Bid Package. END OF SECTION 00300 1229 Hurrigm 11mg6&c.Chiga K99 F-gao FMiep! Monroe County Bid Form L-0—M..—C..ty,H.Ad. ..................... ——------------ D—ipd.. U-it—.-Itm 14. ftM- wn—pn— L ToMI ftla ROADWAY ITEMS 101-1 MDFII���UO.n LS Ngbl�f�th—d&U S85 ........... ........................ 102-1 Maintenance of Traffic LS 1 15,401.96 Hirt—0—d€—h—d d d.Ua. 160A 358 -98_ZMe E�S bilizqfiog SY 23 .. ......... 12 Flowable Fill CY 61.5 407-91 285703 b e C' optnq�!-19-asecroup' as 'roUD SY 347 66.56 327-70-6 Mll��na n Sy 0 ��P�a-lt—pavemerlt 1-5"8ma emb 2469 7�61 �dn—�w"—-a ?ya,-Aspha--Ircqnco-te raffiE9 TN 232A 259A7 En k I --—------- CY 400-4-8 Concrete Class IV,Bulkhead 9.5 ZJ6383 41�q-1Reinforcing Steel,Bulkhead LB 3340 ..... 451-70 Prestressed Soil Anchors EA T) —40 .-dd h-&<d W.—dW..fifty— v2o'mm) 455-133-3 She Piling Steel Furnish And Install,Permanent LF 400 530-3-5 Ripr p,Rubble,Coastal Shore,Large Boulders TN M 23657 1-h-&�d s d.H..Efty-- 530 3-8 �p Rubble,Remove Existing and Reinstall G- -8-45-±�"1411 _ -2 Performance Turf,Sod SY 406 710-11-231 I�alnted Pavement Markings, Standard,Yellow,Skip, GM 0.247sass fifty-i- w ­­ Grand Total Bid Amount$1,100,00795 Company Name-Biddle- AR RTr.ANF.MPTR*P.RIM.DRRq-INC. ..................... . ... ............................... 10/22/21 BID PROPOSAL 00110-4 1230 1231 "General Decision Number: FL20220147 02/25/2022 Superseded General Decision Number: FL20210147 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). . .........._­111-11 ................. Iff the contract is entered Executive Order 14026 (into on or after January 30, generally applies to the 12022, or the contract is contract. Irenewed or extended (e.g., an The contractor must pay (option is exercised) on or all covered workers at (after January 30, 2022: I least$15.00 per hour(or I I the applicable wage rate I I listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. ............................... ......11....................... 11f the contract was awarded on I, Executive Order 13658 lor between January 1, 2015 and generally applies to the IJanuary 29, 2022, and the I contract, contract is not renewed or I, The contractor must pay all (extended on or after January covered workers at least 130, 2022: $11.25 per hour(or the I applicable wage rate listed I I on this wage determination, I if it is higher) for all hours spent performing on that contract in 2022. -—-—------------- ................... 1232 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination,the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 ELEC0349-002 09/01/2021 Rates Fringes ELECTRICIAN............---S 3T61 11.72 ------------------SUFL2013®0 08/19/2013 Rates Fringes CARPENTER, Includes Form Work....$ 11.95 1.44 CEMENT MASON/CONCRETE FINISHER...$ 13.65 0.00 HIGHWAY/PARKING LOT STRIPING- Operator(Striping Machine)..... 12.70 ** 0.00 HIGHWAY/PARKING LOT STRIPING: Operator(Spray Nozzleman).......$ 13.08 ** 0.00 INSTALLER® GUARDRAIL...........S 14.44 0.00 IRONWORKER, REINFORCING..........$ 1185 0.00 LABORER (Traffic Control Specialist)......................$ 12.17 1.71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor.............. ...$ 13.60 0m00 LABORER: Common or General......$ 11.96 2.90 LABORER: Flagger................$ 9.87 0.00 1233 LABORER: Grade Checker..........$ 11.45 0.00 LABORER: Landscape & Irrigation.......................$ 11.16 0.00 LABORER: Pipelayer..............$ 12.68 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 11.60 0.00 OPERATOR: Broom/Sweeper.........$ 10.89 0.00 OPERATOR: Bulldozer.............$ 13.90 0.00 OPERATOR: Crane.................$ 17.83 0.00 OPERATOR: Forklift..............$ 11.03 0.00 OPERATOR: Grader/Blade..........$ 16.08 0.00 OPERATOR: Loader................$ 16.59 0.00 OPERATOR: Mechanic..............$ 13.55 0.00 OPERATOR: Milling Machine.......$ 13.23 0.00 OPERATOR: Oiler.................$ 12.61 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 18.17 0.00 OPERATOR: Roller................$ 13.28 2.39 OPERATOR: Screed................$ 15.79 0.00 OPERATOR: Trencher..............$ 16.00 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation......$ 19.03 0.00 TRUCK DRIVER: Dump Truck........$ 12.66 0.00 TRUCK DRIVER: Lowboy Truck......$ 14.94 0.00 TRUCK DRIVER: Water Truck.......$ 13.05 ** 0.00 -----------------------------------------.-------------------- 1234 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. * Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15. ) or 1365 ( 11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with I hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care;to assist a family member(or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the E is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope oft e classifications listed may be added after award only as provided in the labor standards contract clauses (2 CF 5.5 (a) ( ) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers 1235 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SUM' or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUMO 198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0 198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0 198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new Survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications- however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date 1236 for the classifications and rates under that identifier, A UAVG rate will be updated once a year, usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: • an existing published wage determination * a survey underlying a wage determination * a Wage and our Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and our National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and our Division U.S. Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 2.) If the answer to the question in I.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and our Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W, Washington, DC 20210 1237 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board(formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" 1238 1239 tlte,eureiud�u lrrapa f�tr�,r�"hir�lddrirall� �'aatra f'rtir3�;�� NON-COLLUSION AF'FIDAVIT 1, AN"l ONIO I& ONZAL,EZ of the city of MIAMI according to law on my oath,and under penalty of perjury,depose and say that; 1, I am ANTONIO M.GONZALEZ®PRESIDENT of the firm of � - the bidder N C`Mpl g E Bt i1l IDEM_jXC,_., snaking the.Proposal for the project described in the Request for Competitive Solicitations for: Hurricane Irma Boca Chica Road Repairs Project Monroe County,Florida d that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor;and 4.) no attempt has been evade 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 st, ents contained in this affidavit are true and correct, and made with full knowledge a of oe County relies upon the truth of the statements contained in this affidavit in a a i contr "ts said project. 04/13/2022 (Sig re idder (Date) STATE OF: FLORIDA COUNTY OF: MIAMI-DAD ..___ Subscribed and sworn to (or affirmed)before me, by means of V hysieal presence or 0 online notarization, on I a l (date) by ..,a , ,,.(name of affiant), l le `he is personally known to me or has prodrIT ITumm (type of identification)as "1% Notary Public State of Florida `l. Analise Aniaga ldent My commission HH 104900 Expires 02s _.-. O'T"AR' ' LTC My commission expires: �_ " 7� ............. 10/22/21 BID PROPOSAL 00110-5 1240 [Taur�is ca V�i�"¢ F34 K01iQa RgSL' J !aJrk RegJgC. LOBBYING AND CONFLICT OF INTEREST CLAUSE STATEMENTSWORN C E COUNTY,FLORIDA AMERICANEMPIRE ILDERSINC. _ ry (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 "thout liability and may also, in its discretion, deduct from the contract or purchase price, or her se to w v „the bill amount of any fee,commission, percentage, gift, or consideration paid to the l" rn c or errs loyee°". 04/13,/2022 °,� „w igiaats�zo � (Date} STATE OF: FLORIDA COUNT IAMI-DADE Subscribed and sworn to (or affirmed) before me, by means of hysical presence or 0 online notarization, o t (date) b affiants narne of personally y { } Hehe ip y knowno me or has produced (type of identification) as identification. �k t PU IC41 y commission expires: Notary Public State of Florda As Arrl y C mi HH 1049OG trr n. 25 10/22/21 BID PROPOSAL 00110®6 1241 I Jurrigme Itma Boca Chica LOW 1151?.iffgj�lrp"nl APPENDIX A, 44 C.F.R. PART 18®CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer ot employee of an agency, a Member of Congress, an officer or employee of Congress, or an en,iployee of a MernlDer of Congress in connection wifli, the awarding of any Federal contfact the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor,AMERfCAN EMPIRE MOPS,INC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative me ies for I Claims and Statements, apply to this certification and disclosure ;7gnature of Contract vs Aut rued Official ANTONIO M.GONZALEZ-PRESIDEN f Name and Title of Contractor's Authorized Official Date 10/22/21 BID PROPOSAL 00110-7 1242 Rcla -q)Ag14 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETH"MMFORM TO DMMOSIE LC3WkTfG.4.==-S PURSWANr M 31 U-S.C'1352 L Type of Federal Action: 2. Status of Feder-alActiew 1 3. Report Typer a.contract =a.bidAffs1z"3icX1i0E1 L-i a-inftw b. grmt b. nritia3wald b. migaial ckanze C. COCIP2.73TiVS ap-AMME post'l%wd Joan For NbtErw CIZEge Only— e. 10M PX=Ee yew— WrItErl— f l0mma atxe dAte of lastmpaa, _ 4. N'ime and Address of Rqardng Entity 5- IFR,#pwbng'EzWtviu Na.4isStabiwardee, Entu Name and Address of?rhRe-- pi� ElSubawvd-ae Tier ff know-, Cangessional Distrirk if knowm CamgressiaLil District if ImDwn Federal Pr&;r2mNameJDescdydon- CFDA Number,ff apphcabbe Federal Actium,Number,iflinowiL 9. Amard Amount if kmowm: 10- a. Name and Address of Lobby Eadly b- Tn&Mft1sPerfdrimngSernces (w1wdmg (jf m6vib4 3a.1=e,Ent name,MI) adizess if&fFiami from No.106) ORS1 ffiny first W=,MI) (a=6 Cwhimad=Sheex(s)if marasny) 11. Amount of Pnmant(Cb*,Ck an dat JFPI.Y) 11 Type of?2ymant(check B W�t apply) $ =md [:]*=ed F-1 a, m-amar b. one-timpefee 12. Form of Paymen I(check iN that apply) C commission F-1 a- Ca5h d. Cwtit-mt fee F-1 b, in-kia,4' -,Ted�-. namue e defwed wl Ue f C&E,sperms U BriefDescr*ft&u of Senices Performed wto be performed andDate(s)of Servke,iuchdmg officer(s),employee(s),or'' )co led,for Payment Mcated in Item 11: (attach or-rdmanan,Sheet(';,)ifmacesiary) 13. Continuation Sheds);aftache& ins El No F-1 hf==6 Lm rvqpwrd dimti]b thz,6=z i,4 zc6 orizad TA2 51 S.C.5"ti=1351" Tbi,&.Clmume diabbyiaF, SimauTe" NargE 31 U-S.0 13YI. 113il kfilmadanvdabo r&pm1%d to Cwamnuanimnmally and vaU be mv"IW=PUbbC MUPOC60M-4ZyPW-.03 M-hD Elih-fD E70&Q nWiaima &,41a;we;bag buy zbj ID a dW p of at Fan ffizo SIOX0 3nd am MGM th.-M S100,00'rar Sad t za fiRMU, T&- omhom-a No.: Date.AiAohzed 5bT lAcd Reprodwdoo. Federal Use Quir Sian dud,Fam-LLL 2-6c PART21COUNTY 1243 lurricalic rim t k3aa a(higg SLL "'j? fftl= k q l�g AE'ji, " INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOS URE OF LOBBYING ACTIVITIES This disclosure form shall be completed by tine reporting entity,whethersubawdee,or prime Federal recipient,at the initiation or receipt of covered Federal action or material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing ofa form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence mi, officer or employee of any agency,a Member of Congress air offiver or employee of Congress or art employee of a Member of Congress in connection with acovered Federal action, Attach a continuation street for additional information if the space on the forma isinadequate, Complete at]items that apply for both the initial filing and material change report, Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome afe, covered Federal action. 2. Identify the status of the covered Federal action. 3o identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which.the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it ism expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawardsmagurte but are not limited to subcontracts,subgrants and contract awards.under grants S. If ffie organization filing the report in Item 4 cheeks"Subawardec"then enter the full name,address,city,state and zip code,of the prime Federal recipient Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7, Enter the Federal program name or description for the covered Federal action(itern 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8 Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e,g,, Request for Proposal(RIT)number-,Invitation for Bid(IFB)number,giant announerswrit number,the contract grant,or loan award number,the applicalion/proposal control number assigned by the Federal agency). Include prefixes,e.g., TFP-DE-90-001." 9, For a covered Federal action where there has been an award or loan conianitment by the Federal agency,enter the Federal amount ofthe awardfloan carrarnnstreats for die prime entity identified in item 4 or S. M (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action, (b)Enter the full names of the individual(s)performing services and include toll address if different from 10(a), Enter Last Name,First Name and Middle Initial(MI). If. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(atom [0). Indicate whether the payment has been made(actual)or will be made(planned)- Check all boxes that apply. If this is a material change report enter the cumulative amount of payment made or planned to be anode,. 11 Chuck the appropriate box- Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment 13, Check the appropriate box. Check all boxes that apply. If other,specify nature, 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the rlatc(s) of any services rendered. include all preparatory and related activity not just time,spent in actual contact with Federal officials. Identify the Federal officer(s)or omployee(s)contacted or the officer(s)employee(s)or Mumber(s) of Congress that were contacted, M Check whether or not a continuation 3hect(s)is attached, 16. Ilia certifying official shall sip and date the form,print his/her nance title and telephone number. Public repairing burden for this collection of information is estimated to average,30 minutes per response,including time for reviewing instruction, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection ofinformation. Sarld comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,tothe Office ofManagemeat and Budget,Paperwork Reduction Proicel (034MO46),Washington,D.C.20503. SF-1,LL-Instructions Rev.06-04-90u&NIXF>r 2-6d PART WCOUNTY 1.0/22/21 BID PROPOSAL 00110-9 1244 DR.tJG-FREE WORKPLACE FORM The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: AMERIC AN EMPIRE B UfLDERS, INC (Name of Business) I Publish a staterrient 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 set-vices that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5, Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good. faith effort to continue to maintain a drug-free workplace through implementation of this section, As a person authorized to sign the statement,I certify that this firm co lly it c above requirements. i-der's Sig re STATE OF: FLORIDA COUNTY OF: MIAMI-DADE Subscribed anal s orn to (o affirmed) before me, by cans of physical presence or 0 online notarization, on (date) by of T ,a("t i a t). l-e 'lie i, iersunal I v known to me or hasLd (type of identification)as identification, NbTARY PU13 C Notary Pubhc Stale ut F10"da 4 eA Anwma Amaga, My Commission Expires: MY COMMAsk)n HH 104 90f) X -W&AQ025 10/22/21 BID PROPOSAL 00110-10 1245 PUBLIC ENTITY CRE%1E STATEME NT "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 [eases 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 AMERICAN EMPIRE BUILDERS,INC. (Proposer's name) ............. nor ai Affll'4,,,' sb n placed on the convicted vendor list within the last 36 months. 04/13/2022 ignature) (Date) STATE OF: FLORIDA COUNTY OF: MIAMI-DADE Subscribed and sworn t r affin-ned)before me, by means of physical presence or 0 online notarization, on thej (or of 20'2S, by I l rn e of a f 1,1 a n L), ile he is ersonall lcno ern to tit or has produced—,,-...-,,,.—.,,,,,,---- (type of identification)as identification. icy rr in r-XVissi mrM re,pIM N01ary Puujc siat,E!of Flouda Anahsa Aaisw my Carr MIS36 HH j o4 qq0 NOTARY PUBLIC: ExPf*$0VO4/2025 10/22/21 BID PROPOSAL 00110-11 1246 HtMiUmc bM, VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):,1-HJRR[CANE IRIMA BOCA CHICA ROAD REPAIRS PROJECT ISO OE COOLTNTY,FLORIDA Respondent Vendor Name: AMERICAN EMPIRE BUILDERS,INC. Vendor FEIN.- -75-2993152 Vendor's Authorized Representative Name and Title; ANTONIOM,GONZALEZ Address: 13775,SW145thCT.,STF.13 City: MIAM.1............... State: FLORIDA Zip: 33186 Phone Numben 305-261-9276 Email Address: go inle 0 a6-tmeoin Section 287.135,Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215,4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: -_ANTQN1Q,N1.,d --ZAL 2= �SLQJr who is authorized to sign on bell ff r enced co-npany, Authorized Signature: V Print Name: AN1,0NIO M,GONZALEZ Title: PRESLDENT Note: The List are available at the following Department of Management Services Site: floridaxorn/bLlLi gnonsistate purchasinp/vendcir inl'orn'lation/convicted SUspended discriminatory coi)]pflaints vendor lists 10/22/21 BID PROPOSAL 00110-14 1247 Minority Owned Business Declaration American Empire Builders,Inc. a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or X is not a minority business enterprise,as defined in Section 288.703, Florida Statutes. F.S. 288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida, and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification. As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor Sub-Recipient: Monroe County Antonio M Gonzalez Dlglt.11y signed by A"`—M Gonzalez Julie Cuneo Digitally s'9,ed by Julie Cuneo Dale.2022.04.29 0922.10-04'00' Date.2022.0429 14.10.12-04'00' Signature Signature Print Name: Antonio M.Gonzalez Printed Name: Juliet Cuneo Title: President Title/OMB Department: Assistant Director,Purchasing Verified via: .ii.p," .:..; .....!...�.�. Address: 13775 SW 145th CT.,Ste.B DEM Contract: Z0002 City/State/Zip Miami,FL.33186 Date:oaizsizozz FEMA Project Number: 1248 Hurricane Irma Boca Chica Road Repairs Project Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: Insurance Requirement Limits Worker's Compensation Statutory Limits Employer's Liability WC2 $500,000/$500,000/$500,000 General Liability GL2 $500,000 Combined Single Limit GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VL2 $200,000 per person; $300,000 per occurrence (Owned, hired and $200,000 Property Damage Non- owned Vehicles) or $300,000 Combined Limit I understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. Name of Business Signature Date 10/22/21 BID PROPOSAL 00110-13 1249 Hurricane 1rtna$oca Chca 1� ,�� ir9r,,,a,,,�-r"�N°�,NB SECTION 00850 PUBLIC CONSTRUCTION BOND o r .. •••,. .., _ .. ._. _ p' Builders, Inc. , as Principal BY THIS BOND We m American Empire , c and NGM Insurance Company ____.. ... __....... a corporation, as Surety, are �• bound to Monroe County Board of County Commissioners ("BOCC") herein called Owner, in x o .... m (One Million One Hundred Thousand N the sum of $ $1,100,007 95 Seven Dollars and 95/100) for payment of which . ................. r� t-a we bind ourselves, our heirs,personal representatives, successors, and assigns,jointly b and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the contract dated,,,, ,_______ May 18 20 22, between Principal and Owner for construction of: Hurricane Irma Boca Chica Road Repairs Project Monroe County,Florida 1. The contract being made a part of this bond by reference,at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract,then this bond is void; otherwise it remains in full force. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sec. 255.05(2)Florida Statues. 6. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect S o ety's obligation under this bond. w ; Dated May 25 20 22 American I6bwd�; tm %� lfxc ° _. µdel ° ...... " "ime of Prmncill�li�d � BY......... (As Attorney m act) Ian A.Nipper "I"he proviskuts and litnitatiO 8 O'f Sftd(M 2,15.110 IFlodda 51 "w NGM insurance Company including 'I:.kn not°fiimi d ive� ," 'm the not d �ti Illilrremi ati'�ims in � .....__--------- r n255.05(110) SeCli' s 2,5!i.0,S1;2 ancIl,2 5�0 ('110') are a imn Ili'ii b ' (Name of Surety) by rel!'i °Ifl','llPmlcz. END OF SECTION 00850 .__....... __ ....................... ........ _. _.._. 10/22/21 PUBLIC CONSTRUCTION BOND 00850-1 1250 ®NGM INSURANCE COMPANY POWER OF ATTORNEY A member of The Main Street Artrriea Qroup KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida,pursuant to Article IV, Section 2 of the By-Laws of said Company, to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond,recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. " does hereby make,constitute and appoint Jarrett Merlucci,Charles D.Nielson,Joseph P.Nielson, David R.Hoover, Charles J.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 bond to exceed Ten Million Dollars ($10,000,000.00) 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. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. 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 of any bond,undertaking,recognizance or other written obligation in the nature thereof, such signature and seal,when so used being hereby adopted by the company as the original signature of such office and the original seal of the company,to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020. a11«%t. NGM INSURANCE COMPANY By: Kimberly K. Law Vice President, General Counsel and Secretary State of Florida, County of Duval. On this 7th day of January, 2020, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified,came Kimberly K. Law of NGM Insurance Company,to me personally known to be the officer described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company;that Article IV, Section 2 of the By-Laws of said Company is now in force. IN WITNESS WH EREOF, I have hereunto set my hand and affixed my official seal at Jacksonville,Florida this 7th day of January, 2020. `} � NeerYfielltBl�dFak� 4 Iti 1 P�M1�`~ j EPwfOwi a®� MI'�VimJtaknGfi 91169► I�NTClett! 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 and affixed the seal of said Company at Jacksonville,Florida this 25th ,,.,,,day of May 2022 1� WARNING:Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-800-225-5646. ' TO SUBMIT A CLAIM:Send all correspondence to 55 West Street,Keene,NH 03431 Attn:Bond Claims. 1251 Client#: 720292 AMERIEMPIR DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 4/26/2022 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 NAME: Marsh &McLennan Agency PHONE 727 447-6481 FAX A/C,No,Ext: (A/C,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 12833 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y LHA113163 12/08/2021 12/08/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE 4 OCCUR PREMISESOEa occur°nce $100,000 X BI/PD Ded:$5,000 APPROVED BY RUSK MANAGEMENT MED EXP(Any one person) $5,000 BY- '" � "t�=� —,�' ,"` PERSONAL&ADV INJURY $1 OOO 000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE __.-._.�2. GENERAL AGGREGATE $2,000,000 � ® POLICY 1 PRO- WAVER MA YES JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY Y Y 5087027303 12/08/2021 12/08/202 EOa ao',den SINGLE LIMIT $1,000,000 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 LAB X OCCUR Y Y 89186A211ALI 12/08/2021 12/08/2022 EACH OCCURRENCE s51000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ C WORKERS COMPENSATION Y KEY0145742 12/08/2021 12/08/202 X STATUTE EERH AND EMPLOYERS'LIABILITY 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 D Pollution Liab. Y 03128724 12/08/2021 12/08/202 $2mil/$2mil $15k Ret Professional Liab Y 03128724 $2m/$2m $25k Retention F Rent/Leased Equip QTBS92240ATIL21 12/08/2021 12/08/202 $250k Per Item $5k Ded DESCRIPTION OF OPERATIONS/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,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 CANCELLATION Monroe Count Board of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West, FL 33040-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights rese—pri ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 1252 #S 10716094/M 10461054 RCGAD 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. SAGITTA 25.3(2016/03) 2 of 2 1253 #S10716094/M10461054 Client#:720292 AMERIEMPIR DATE(MMIDDNYYY) 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 INSURER F: Insurance Co 25615 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 ADDLSU BR POLICY EFF POLICY EXPK LIMITS ..... ......... ......._ __....--- ... ..... ........ A X Y Y LHA113621 12/08/2022 12108/202 EACH OCCURRENCE $1,000 000 CLAIMS-MADE U X OCCUR ( AMA 1F T11 RENTED � LTR IN SR WVL7 POLICY NUMBER MMIDDIYYYY MM/PJOIYYY, COMMERCIAL GENERAL LIABILITY ❑ iaEM iE� cnuUu�n ).. $100,000 ................ ..... .......... ..MP An oneyerson) $5,000 PERSONAL&ADV INJURY $1,000,000. FwHER: 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ',$2,000,000 POLICYd X JECI' LOC PRODUCTS-,COMP/OPAGG $2,000 000 ----........ ...... . ...... ......$�...... �t�MBNI=O .............. ......... SNGLG't.WT E AUTOMOBILE LIABILITY Y Y 5087027304 12/08/2022 12/08/2023 Ea denD..... I$1,000,000 * X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ - ' rcad�nC) .1111, �AUTOS ONLY AUTOS"�'" HIRED NON-OWNED DAMAG(= AUTOS ONLY (,F°�r a - PROarvden AUTOS ONLY $ X.. � „ $ .....,,,. ..... ...,.,n.. ............ ......... - a...... .....__ ....- ........ ... $5 QOO OOO EXCESS LIAB B X UMBRELLA LIABEACH X OCCUR MADE Y Y 89186A222ALI 12/08/2022 12/08/202 AGGREGATE OCCURRENCE m ..... .m 5,000,000 DED -, RETENTION$ ? ... ......... .............. ......... .......... ......... ..._..... C ;WORKERS COMPENSATION Y KEY0145742 12/08/2022 12/08/2023 X I PER iOTH OFFICEOPRIET ER EXCLUDED N I N I A I STATUTE 1 ...� AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE'Y/N E.L.EACH ACCIDENT .$1,000,000 (Mandatory in NH) ;E.L.DISEASE-EA EMPLOYEE I$1,000,000 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 1210812023 $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/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 1254 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. SAGITTA 25.3(2016103) 2 of 2 #S12094770/M12092801 1255