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Item C13BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor George Neugent, District 2 The Florida. Keys w) Mayor Pro Tem David Rice, District 4 y �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting December 14, 2016 Agenda Item Number: C.13 Agenda Item Summary #2452 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809-5200 none AGENDA ITEM WORDING: Approval of Change Order 41 for West Construction, Inc. For Phase 2 and 3 of the Marathon Storage Hangars project at the Florida Keys Marathon International Airport. Phase 2 and 3 includes Additive Bids 2, 3 & 4 in the total amount of $1,340,329, which will complete the project. Funded by 80% FDOT Grant ARK80 (Joint Participation Agreement 42) and 20% Airport Operating Fund. ITEM BACKGROUND: The Florida Keys Marathon International Airport (Airport) is under mandate to remove 11 shade hangar structures within the Runway Protection Zone (RPZ). The County completed the process of buying out all of the leaseholds using funds provided by the FAA, designed the replacement hangars and issued a bid solicitation for construction. The County held a bid opening on March 2, 2016. West Construction, Inc. was determined to be the most responsive and responsible proposal, and the bid was awarded to West Construction, Inc. at the May 18, 2016 BOCC meeting. The Notice to Proceed was issued to West Construction, Inc. on September 12, 2016. Due to the fact that grant funding was only in place for Phase 1 of 3, the project is scheduled to take place in three phases over two grant cycles. BOCC approval is required to complete the construction for Phase 2 and 3 (Additive Bids 2, 3 & 4) now that the remaining FDOT ARK 80 grant funding has been secured. PREVIOUS RELEVANT BOCC ACTION: Approval to award the bid and execute contract to and Additive Bid 41 $453,013 - on May 18, 2016. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: West CO 41 West Construction, Inc. for Base Bid $1,345,022 FINANCIAL IMPACT: Effective Date: 12/14/2016 Expiration Date: 06/09/2017 Total Dollar Value of Contract: $1,340,329 (Additive Bids 2-4) Total Cost to County: N/A Current Year Portion: Budgeted: Yes Source of Funds: 80%FDOT Grant ARK80-$1,072,263.20/ 20% Operating Fund 403-63592- 560620 $268,065.80 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Beth Leto Completed 11/29/2016 11:06 AM Donald DeGraw Completed 11/29/2016 11:21 AM Pedro Mercado Completed 11/29/2016 11:38 AM Budget and Finance Completed 11/29/2016 1:51 PM Maria Slavik Completed 11/29/2016 2:06 PM Kathy Peters Completed 11/29/2016 3:32 PM Board of County Commissioners Pending 12/14/2016 9:00 AM C.13.a MONROE COUNTY/FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT CONTRACT CHANGE ORDER PROJECT TITLE: Marathon Airport New Storage Hangars TO CONTRACTOR: West Construction, Inc. 1S South Dixie Highway, Suite 4-S Lake Worth, FL 33460 The Contract is changed as follows: CHANGE ORDER NO: 1 INITIATION DATE: November22, 2016 CONTRACT DATE: May 13, 2016 The original (Contract Sum) (Guaranteed Maximum Price).....................................................$1,798,035.00 Net change by previously authorized Change Orders............................................................. $ -0- The Contract Sum) (Guaranteed Maximum Price) prior to this Change order was ............ $1,798,035.00 The Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged by this Change Order ...............$1,340,329.00 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order Is ..... $3,138,364.00 The Contract Time will be increase (decreased) (unchanged) by .......... I...........................150 days The date of Substantial Completion as of the date of this Change Order is .......................... June 9.2017 Detailed description of change order and justification: On Mav 18. 2016. the BOCC awarded the contract. to West Construction. Inc. in the amount of $1,798,035 for Phase 1 of the proiect base bid and bid additive #1 . The contract provided that once additional grant funding was secured the BOCC could award Bid Additives 2-4 for Phases 2 & 3. On October 19 2016 the BOCC ratified Florida Department of Transportation FOOT Suonlemental Joint Participation Agreement Number Two adding an additional $1,000,000 to Grant ARK80, bringing the total FDOT Grant funding for this project to $3.020.400.04._ This change order awards Phases 2 and 3 of the protect to West Construction. -Inc. (Bid Additive #2 in the amount of $151,211.00, Bid Additive #3 in the amount of SL029 107.50 and Bid Additive #4 in the amount of 15)810.50 and adds an additional 150 days to complete the proiect. The time extension takes the substantial completion date from January 9, 2017 to June 8, 2017. This change Order is 74.54 of the original contract.price. DIRECTOR OF AIRPORTS: Donald DeGraw Date BOARD OF COUNTY COMMISSIONERS: _ Mayor/Chairman Date (SEAL) Attest: By: Deputy Clerk 4 iwlM "C ADO r � Date ......! . _ .m Packet,Pg. 378 r' • s ', - f • 1 a •. ® Change Order was not included in the original contract specifications. Yes ❑ -No If Yes, explanation: Change Order was included in the original specifications. Yes ® No ❑ If Yes, explanation: Phases 2 & 3 of the project included in original bid specifications as well as contractor's bid (Bid Additives 2, 3 and 4), but could not be awarded until the additional FDOT grant funding was received. Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ® No ❑ If Yes, explanation as to why it is not subject for a calling for bids: Already included in original bid specifications and contractor's bid; with the supplemental FDOT grant agreement now in place, sufficient funds are available to cover the additional costs of the final phases of the project. • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: (aapaO GBuey3 ZMA3 : ZSbZ) W 004saM :4uGwt43e44V W V a N LL z Q W C m z W H Q a W C z N 2 a W Q 0 z W IL O I — .. 4 .. 4 .. 4 .. 4 .. 4 .. 4 .. 4 rl rl rl rl rl ff ff N N N N N N N O O O U') O O O z O-0 O-0 O-0 O-0 O-0 O-0 U� 70 O Om Nm N N N U') Om N im �.D 1m O ,--i O N M N N N N N N N 0 M :' O70 00 a_+ "t-0 "t a_+ M-0 Lf) :' 0-0 Lf) :' N-0 N :' U-)-0 00 :' M-0 m O' O O ' O •— •— O ' M M O O ' O O ' O O mmN mmr1i mm(r) U') mmU mmN N N —i In In O N N It In In iD N N 9,p In In M N N N Inn O I N N It In In N N N M In In O N N 01 In In N ra (o m m I� ro (o N m m (o (o00 m m (o (o l� m m (o (o 00 m m (o (o ro ro (0 (0 lD (O (0 T-i (0 (0 T-i (O (0 M (O (0 N m m N m ra O Orr) O O M O O M O O M O O M OOMOOM 0 O o 0 0 0 0 0 0 0 m u ~ u H L H a 0 �--� z O �' O L Y rr3 O V w 0 O L J a--� u C O L C O 0) 0) z O + J _O `L v 2 a n U c L L. z w U N U c O c rra U 0 a J a� O U u O U 0)m 0 Q J ~ U H L 0 0 0 J N m w U7 (aapaO GBuey3 ZMA3 : ZSbZ) W 004saM :4uGwt43e44V O M -O OIt �p Ln N i ._0 i Q + Ln .- .- � m m 00 Ln L M M ru ru m m kD ru ru Ln O O M O Ln U C V L. O U ru L a-J O U ru Y L. a-J u _N W C O u (O LL O L. a s N U S } C3 } 0) � i C3 0) � S N '— V `•H_ C3 S U J U Q 0) 0� O t C3 � O 6 O S � V C3 N N � t � � L N > O � U S 0) L q C3 0) L O Cf 3 U S LL O O C3 � 0) 0 = Q Z o cn m cn L _ CL V q a � o CL o cn J O U — L U } O j O V N co 0 C3 :3 L m } :3 } N C3 U') y r U G } U C3 � D_ } V C3 -_ } LU } L L O O S U LL � o � U � 0) H u) m m 0) 0) Q co Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 11�11111111JI1111111!! 1� T REF: New Storage Han -gars Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. Contractor By: Title: Martha A. Morgan, Pi4a/s / ident Date: CONTRACT FORMS 11-16 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 THIS AGREEMENT made and entered into the 18`" day of May, 2016 by and between West Construction Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: New Storage Hangars Florida Keys Marathon International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete the base bid and additive bid #1 (Phase 1) hereunder within the calendar days shown below from the Notice -to -Proceed (Construction) as per Special Provision No. 2. If other additive bids are awarded the additional duration is also shown below. Bid Element Duration (Days) Phase 1 120 Phase 2 120 Phase 3 30 The County, in its sole discretion will determine whether or not to proceed with Phase 2 and Phase 3 work. Except as otherwise provided Contractor shall not be entitled to any additional costs, expenses, etc. beyond the Total Base Bid in the event the County chooses not to proceed with the additive bid work. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in CONTRACT FORMS II-17 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 the specifications or proposal in lawful money of the United States as follows: Approximately One Million Seven Hundred Ninety -Eight Thousand Thirty -Five Dollars ($ 1,798,035.00) in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 5. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. . It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. CONT CT FO S II-18 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running from the date the monies were paid to Contractor. 9. PUBLIC ACCESS. Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. (b) Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any 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) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measuresthat the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection CONT CT FO S II-19 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON -WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACT FORMS II-20 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 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 Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under , to the following: FOR COUNTY: Don DeGraw, Director of Airports Key West International Airport 3491 South Roosevelt Blvd. Key West, FL. 33040 Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Martha A. Morgan West Construction, Inc. 18 South Dixie Hwy. Suite 4-5 Lake Worth, FL 33460 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted forthe enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. CONTRACT FORMS II-21 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 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. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: 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 attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of- pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. 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 COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. 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. CONTRACT FORMS II-22 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. 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. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and 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. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: 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. 24. 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. 25. 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. CONTRACT FORMS II-23 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 26. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 27. NON-DISCRIMINATION: Contractor agrees 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 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 VI 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. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONT CT FO S II-24 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. Witness fo-C'ONTRACTOR: . . ........... Signs re Matthew F. West, Secretary 4 Date . .. . .......... "13lignature Aurora tegma Date X X 93 2 11 ITTV West Construction, Inc. resident Date: Suite 4-5 Lake Worth, FL. 33460 •-11io 561-588-2027 08 .l uIRL( Z) 1,# 00 4SGM4UGUUq3IB44V «I M V WESTCON-04 BMERRITT DATE (MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 4/26/2016 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 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Collinsworth, Alter, Lambert, LLC 23 Eganfuskee Street Suite 102 Jupiter, FL 33477 II1&11174•••�7 West Construction, Inc. 318 South Dixie Highway Suite 4-5 Lake Worth, FL 33460 Lori B. _Gleason (561)776-9001 INSURER A:Amerisure Insurance Co INSURER B North River Insurance Cc INSURER c.fravelers Property & Casu INSURER D : INSURER E : 427-6730 3E NAIC # 19488 any 21105 _ ............... _-. ._.......... Co. of America 25674 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 CONTRACT OR 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. ILTR..-mm._.._.._...._.. B fi _._._. ... ....POLICYEFF._. POLICYEXP _._._ _. .S ._ .T. .... TYPE OF INSURANCE „_,,.,,,,,,� INSD WVD POLICY NUMBER ,_,_,__,,. MMIDDIYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000. �. _RE__ CLAIMS -MADE X� OCCUR X X =CPP20857740301 01/01/2016 01/01/2017 PREMISES Ea ® currenca 5 100 00U X XCU & ContractualOVE By EhIT ._ __G PERSONaLAaADV INJURY s 1,0®0 000 X Broad Form Prop Dam 5,000 GENERALISGEN'L AGGREGATE LIMIT APPLIES PER: _ ...���'���POLICY,,PRI LOC J'NPRODUCTS-COMPtOPs 2,000,0 ' L J CA OTHER: wn®cam_` - $ ACOMBINED SINGLE LIMIT AUTOMOBILE LIABILITY �a accidently $__.. _.... 1,000 000 A ' X I ANY AUTO X X 'CA12999291901 01101/2016 01/01/2017 BODILY INJURY (Per person) $ ALL OWNED 1 SCHEDULED AUTOS ._._ AUTOS F BODILY INJURY (Par accident) $ NON -OWNED PROPERTY DAMAGE ... ___ . X HIRED AUTOS X AUTOS �Perascsdenl} $ PIP Coverage s 10,00 X UMBRELLA LIAB X I OCCUR I EACH OCCURRENCE $ 10 000,000 -I .� .. B EXCESS LIAB I CLAIMS -MADE X X 5811063597 01/01/2016 01/01/2017 AGGREGATE $ 20 000,000 DE D X RETENTION $ ®_ $ .�...__._.____ ...... ._ ....._..... ............. ._-__..�._........ ......... ... PER-...._.._t OTH `p ...,.. .... WORKERS COMPENSATION X Y STATUTE `"'�u' ER AND EMPLOYERS' LIABILITY '� .... A ANY PROPRIETORIPARTNERIEXECUTIVE YIN N r A' X WC204157410 01/01/2016 01/01/2017 EL EACH ACCIDENT — (Mandatory In NH) '- E L DISEASE _ EA EMPLOYE $ 1,000,000. If yas, describe under .. m ....... DESCRIPTION OF OPERATIONS below _ E,L DISEASE - POLIOY LIMIT $ 1,000,000 ._..�.._._ _.__. _ ._ _..- _ .. _.. .- ....... � _..... . __ ......._ ... _.__. C Rented/Leased Equip. IQT66092151.272TIL16 01101/2016 01101/2017 Limit 200,000� C Inland Marine QT660921SL272TIL16 01/01/2016 01/01/2017 Scheduled Equipment m .. ..._.. ]---------- _._ _ .. _. _........ . _ ......... _ .......... DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1111, Additional Remarks Schedule, may be attached If more space Is required) Project No. GAMD75, Florida Keys Marathon International Airport, Monroe County. New Storage Hangars The Certificate Holder is named as additional insured including products and completed operations for general liability per form CG7048, automobile liability, and umbrella liability when required by written contract. General Liability and Auto Liability are primary and non contributory when required by written contract. Waiver of subrogation applies to general liability, automobile liability, umbrella liability, and workers' compensation when required by written contract. Umbrella extends over general liability, auto liability and employer's liability. Should any of the above described policies be cancelled, notice will be delivered in accordance with the policy provisions. SEE ATTACHED ACORD 101 __�_.... ........... ........ CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Monroe Count Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y tY ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Purchasing Department 1100 Simonton Str., Suite 1-213 - - Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 08 .l uey Z) L# 00 4SGM4UGwq3e44V ca M j AGENCY CUSTOMER ID: WESTCON-04 BMERRITT LOC #: 1 _ A ®° ADDITIONAL REMARKS SCHEDULE Page 1 of 1 rAGENCY NAMED INSURED _ worth, Alter Lambert, LLC West Construction,Inc. 318 South Dixie Highway UMBER_._._.__________.__._._._.________.__._._._________._._._________..._._._._._______...__._._._.______ Suite 4-5 Lake Worth, FL 33460 GE1 Palm Beach County NAIC CODE GE 1 M ._._._.__. _ -------- SEEP 1 EFFECTIVE DATE: SEE �PAGE ACORD 101 (2008/01) © 2008 ACORD CORPORAi IUN. AN ngnts reserved. The ACORD name and logo are registered marks of ACORD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number CPP20857740301 Agency Number 0625355 Policy Effective Date 01/01/2016 PolicyExplratlon Date Date Account Number 01/01/2017 01/20/2016 10935802 Named Insured Agency Issuing Company WEST CONSTRUCTION, INC. COLLINSWORTH, ALTER, AMERISURE INSURANCE LAMBERT, LLC COMPANY 1. a. SECTION II -WHO IS AN INSURED is amended to add as an Insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business; or (2) Who is named as an additional insured underthis policy on a certificate of insurance. b. The written contract, written agreement, or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy, and (2) Be executed prior to the 'bodily injury", "property damage", or "personal and advertising Injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under letter of intent or work order, and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional Insureds; we will provide additional insured status as specified in this endorsement. 2. SECTION 11-WHO IS AN INSURED is amended to add the following: If the additional Insured is: a. An individual, their spouse is also an additional Insured. b. A partnership or Joint venture, members, partners, and their spouses are also additional insureds. c. A limited liability company, members and managers are also additional insureds. d. An organization other than a: (1) Partnership; (2) Jointventure; or (3) Limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. e. A trust, trustees are also insureds, but only with respect to their duties as trustees. Includes copyrighted material of Insurance Services Office, Inc. C•%3I11i. rh b] (JGPJO a uey : gZ) 1,# 00 t;a :qua uoe ca ri U 3. The Insurance provided under this endorsement Is limited as follows: a. That person or organization is an additional Insured only with respect to liability arising out of: (1) Premises you: (a) Own; (b) Rent; (c) lease; or (d) Occupy; or (2) Ongoing operations performed by you or on your behalf. if, however, the written contract, written agreement, or certificate of insurance also requires completed operations coverage, we will also provide completed operations coverage for that additional Insured. b. Premises, as respects paragraph 3.a.(1) above, include common or public areas about such premises if so required In the written contractor written agreement. C. Additional insured status provided under paragraphs 3.a.(1xb) or 3.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. d. Ongoing operations, as respects paragraph 3.a.(2) above, does not apply to "bodily Injury" or "property damage" occurring after: (1) All work to be performed by you or on your behalf for the additional Insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (otherthan service, maintenance or repairs); or (2) That portion of "yourwork" out of which the injury or damage arises is put to its Intended use by any person or organization other than another contractor working for a principal as a part of the same project. e. The limits of insurance that apply to the additional Insured are the least of those specified in the: (1) Written contract; (2) Written agreement; (3) Certificate of insurance; or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. f. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, englneer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, Inspection, or engineering services. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 48 0913 g. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible Insurance available to the additional Insured whether. a. Primary; b. Excess; C. Contingent; or d. On any other basis; unless the written contract, written agreement, or certificate of insurance requires this Insurance be primary. in that case, this insurance will be primary without contribution from such other Insurance available to the additional insured. h. If the written contract, written agreement, or certificate of insurance as outlined above requires additional Insured status by use of CG 20 10 1185, then the terms of that endorsement, shown below, are incorporated into this endorsement to the extent such terms do not restrict coverage otherwise provided by this endorsement: CONTRACTORS This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10 1185 apply (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of .your work" for that insured by or for you. Copyright, Insurance Services Office, Inc.,1984 CG 20 10 1185 I. Ifthe written contract, written agreement, or certificate of insurance as outlined above requires additional insured status by use of an Insurance Services Office (ISO) endorsement, then the coverage provided underthis CG 70 48 endorsement does not apply. Additional insured status is limited to that provided by the ISO endorsement. Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 0913 Pages 3 of 3