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Notice of Termination 09/18/2024 ���, �y� BOARD OF COUNTY COMMISSIONERS County of Monroe1 Mayor Holly Merrill Raschein,District 5 The Florida Keys � Mayor Pro Tem James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 September 18, 2024 VIA EMAIL AND CERTIFIED MAIL #7019 0140 0000 1437 2418 Mr. Antonio Gonzalez, President American Empire Builders, Inc. 13775 SW 145t' Ct., Suite B Miami, Florida 33186 NGM Insurance Company VIA CERTIFIED MAIL 4601 Touchton Road East, Suite 3400 # 7019 0140 0000 1437 2425 Jacksonville, FL 32246 Re: Seaview Drive Bridge Replacement Project Bond No. S333206 Dear Mr. Gonzalez: Pursuant to General Conditions Section 14.2 Termination by the Owner for Cause this letter will serve as notice of termination of the contract for the Seaview Drive Bridge Replacement Project. As outlined in Sections 14.2.1.1 and 14.2.1.4 the Owner may terminate the Contract if the Contractor persistently or repeatedly fails to supply enough properly skilled workers and for substantial breach of a provision of the Contract Documents, namely failure to carry the Work forward expeditiously and to conform to the construction schedule for the project in accordance with General Conditions Section 3.4 Labor and Materials part 3.4.1 that requires the contractor to provide labor necessary for proper execution and completion of the work, Section 3.10 Contractor's Construction Schedule part 3.10.4 that requires expeditious and practicable execution of the work and Section 8.2 Progress and Completion part 8.2.3, which dictates that the contractor must proceed expeditiously with adequate forces to complete the work. On September 16, 2024, a conference with representatives from AEB, NGM/the Surety, and the County, was held in accordance with §3.1 of the Payment and Performance Bond in order to address consideration of declaring the Contractor in default. At that conference AEB president, Antonio Gonzalez stated that AEB is unable to complete the work under the contract and is further unable to make up for the extensive delays associated with its work. As such the contractor AEB is hereby declared in default. In accordance with General Conditions Article 14.2.2,72 hours after receipt of this written notice the contract for the Seaview Drive Bridge Replacement Project will terminate. Sincerely, Judith S. Clarke, P.E. Director of Engineering Services A.Gonzalez Sept.18,2024 Pg.2 cc: T. Taylor, Taylor Corwin & Van Cleaf, PLLC N. Bustamante III, Hinkley, Allen & Snyder LLP L Libanoff, Hinkley, Allen & Snyder LLP Complete Items 1,2,and 3. A. S h sont that we can returnthe cardtot reverse X ❑Agent y ❑d'�dttrt�r5;� y * Attach this card to the back of the rn lace, P� µ Ise �e�te cf "��� or on the front if space permits. 1. Artlttle Addressed t ��� � � D. Is delivery If YES,enter de livery elivery add different from Item 1? ❑Yes Tess below: ❑No rne,o nF s„w IG 7 "` 0 / di'A 01 icy '' ip z Service Type 0 II I I I I III I I III I I I I II III I I I I I I II AAdult rUt Signature Restricted Delivery ❑Re 13 Priority M Mall ail Restricted Cenifted MaO Dedty 9590 9402 4903 9032 1085 59 n Certified Marl Restricted Delivery to Merchandise ❑Collect on Delivery 2. Article Number(Transfer from service labeo ❑Collect on Delivery Restricted Delivery ❑Signature ConflnntionTM 7 019 14 0 0 14 3 7 2 418 ❑Insured Mall ❑Signature Co ion El Insured Mall Restricted Delivery Retracted Delivery over$500 PS Form 3811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt t