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03/21/2018 Agreemento "I wuer' � Kevin Madok CPA o: o ''' • Clerk of the Circuit Court &Comptroller — Monroe County, Florida y � Rp f coUN• DATE: May 2, 2018 TO: Raymond Sanders, PM Project Management THRU: Tammy Sweeting Executive Assistant FROM: Pamela G. Hanc ck, .C. SUBJECT: March 21 BOCC Meeting Enclosed is a duplicate original of Item C18, Guaranteed Maximum Price from the Biltmore Construction Co., Inc. Construction Manager at Risk proposal for the construction of the Magnolia Street Fuel Storage and Distribution System Relocation Project, for your handling. Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 -852 -7145 .. . .. iiil BILIMORE CONSTRUCTION CO., INC. Monroe County Fuel Island Relocation Project Plantation Key Judicial Center & Detention Facility Guaranteed Maximum Price Proposal February 8, 2018 ♦1'4,1'• 41f rj {A d iL — i t - fa, t !' • -I MI 4 P' ' - 6 4 i lii; .13 . , . _ tea ✓'iio . . B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 TABLE OF CONTENTS ❖ Article 1—Guaranteed Maximum Price (GMP) Proposal • Project Summary ❖ Exhibit A- Enumeration of Contract Documents ❖ Exhibit B-Allowance Items ❖ Exhibit C-Assumptions and Clarifications ❖ Exhibit D-Construction Schedule ❖ Exhibit E-Alternates Page 1 B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 ARTICLE 1-Guaranteed Maximum Price(GMP) Proposal Biltmore Construction Co., Inc. proposes to complete the work, as described herein,for the Guaranteed Maximum Price of: FIVE HUNDRED THIRTY SIX THOUSAND NINE HUNDRED TWELVE DOLLARS (S536.912.00). This Price is for the performance of the Work as described herein and in accordance with the Contract Documents. By acceptance of the GMP and issuance of a Purchase Order and/or Notice to Proceed, Monroe County hereby incorporates the GMP into the Agreement between Owner and Construction Manager. Page 2 , . B BILThORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 PROJECT SUMMARY The project includes the demolition of the existing fuel island (gas and diesel)at Monroe County Government Center.The gas tanks and pumps are to be decommissioned and relocated to the new fueling facility located at 300 Magnolia Street in Key Largo.The canopy at the existing Monroe County Government Center will remain in place and be removed during future phase. The existing fuel lines will capped for future removal during construction of the new Monroe County Government Center. Page 3 B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 EXHIBIT A—Enumeration of Contract Documents Contract Documents include: the Drawings,Specifications,Addenda (Construction Documents),the Agreement, General Conditions, Supplementary Conditions as expressly noted herein, and this Exhibit A, as well as the Guaranteed Maximum Price (GMP) Proposal in its entirety. This GMP Proposal is expressly recognized as a Contract Document inasmuch as it forms the basis upon which the Guaranteed Maximum Price is based. As such, in the event there is any disagreement, conflict, or ambiguity between the GMP Proposal and any other Contract Document, the GMP Proposal shall govern. The Owner's issuance of any Notice to Proceed, Purchase Order,or any other written directive or instructions to proceed with the Work, after this signed GMP Proposal has been delivered by Biltmore to the Owner,shall constitute an express acceptance of the foregoing Enumeration of Contract Documents and the enforceability thereof. See Attached Exhibit"A" Enumeration of Documents Page 4 1, Enumeration of Documents Exhibit"A" Biltmore Construction Co.,Inc. Date: 1/26/2018 1-0988 Monroe County Fuel Island Number Title Date Rev. Received Date Status Comments Architectural A1.00 General Notes 5/22/2017 11/21/2017 For Permit prepared by CSA Architects A1.01 Site Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects A1.02 Enlarged Site Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects A1.03 Site Details 5/22/2017 11/21/2017 For Permit prepared by CSA Architects Civil 1 of 1 Drainage Plan 4/7/2017 11/21/2017 For Permit prepared by CSA Architects Electrical E-0.1 Electrical Notes,Legend,and 5/22/2017 11/21/2017 For Permit prepared by CSA Schedules Architects E-1.1 Electrical Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects E-2.1 Enlarged Electrical Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects E-3.1 Electrical Riser and Panel Schedules 5/22/2017 11/21/2017 For Permit prepared by CSA Architects Plumbing P-1.1 Enlarged Plumbing 5/22/2017 11/21/2017 For Permit prepared by CSA Architects Utilities G01 (1) Cover Sheet 5/22/2017 11/21/2017 For Permit prepared by CSA Architects PE01 (2) Existing Facility Removal Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects PE02(3) Existing Site Conditions and 5/22/2017 11/21/2017 For Permit prepared by CSA Proposed Work Area Plan Architects PE03(4) Petroleum System Installation Plan 5/22/2017 11/21/2017 For Permit prepared by CSA Architects PE04(5) Petroleum Related Details 5/22/2017 11/21/2017 For Permit prepared by CSA Architects PE05(6) Petroleum Related Additional Details 5/22/2017 11/21/2017 For Permit prepared by CSA Architects Biltmore Construction Co., Inc/Original Document B BILMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 EXHIBIT B—Allowance Items The Allowances noted below represent reasonably anticipated values included in this GMP Proposal to cover the cost of certain items absent or not specified in sufficient detail in the Construction Documents as listed in the ENUMERATION OF CONTRACT DOCUMENTS Section of this GMP Proposal or for which uncertainty remains. The amount of the Allowance stipulated herein is inclusive of all labor, materials, equipment taxes, delivery, insurances, bond and fees necessary to perform the anticipated work, unless otherwise noted. Allowances for work as represented in this GMP Proposal govern over the actual items contained in the Contract Documents. Variations between the Allowance values and the actual cost of these prescribed items may be reflected in add or deduct Change Order(s)to this GMP Proposal. The ASSUMPTIONS AND CLARIFICATIONS section of this GMP Proposal may provide a more detailed description of these Allowances. ALLOWANCE DESCRIPTION OF ALLOWANCE AMOUNT Builder's Risk Insurance Allowance $5,369.00 Air Compressor Allowance $2,500.00 Page 5 0 w ��,' B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 EXHIBIT C—Assumptions and Clarifications The Contract Documents are amended by Biltmore Construction Co.,Inc. as follows: 1. The following are not included in the GMP Proposal: A. Survey of Asbestos Containing Material or any other hazardous or unsuitable material, unless specifically noted as an item included in the Scope of Work. B. Impact Fees/Inspection Fees. C. Performance Specifications. 2. Warranties and Guarantees: A. Biltmore Construction Co., Inc. Warranties and Guarantees Biltmore Construction Co., Inc. warrants to the Owner that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted,and that the Work will conform with the requirements of the Construction/Contract Documents. Work not conforming to these requirements may be considered defective. Biltmore Construction Co., Inc.'s warranty excludes remedy for damage or defect caused by insufficient maintenance, improper operation,or normal wear and tear under normal usage. The term and duration of this express warranty is one (1)year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and/or installer for such longer period of time as allowed by State Statute. B. Installer/Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co.,Inc.that all workmanship and materials are free from defects in installation. The express warranty/guarantee shall be consistent with the durations stipulated in the Construction/Contract Documents. The period customarily being one (1)year from the Date of Substantial Completion established in the Construction/Contract Documents. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its Surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated Page 6 - j R BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 to underwrite,or in any way become guarantor(s)of any manufacturer's warranty/guaranty or product to the Owner. The Owner shall be provided with the "standard" manufacturer's warranty,and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. C. Manufacturer's Express Warranties/Guarantees Biltmore Construction Co., Inc. shall collect and transmit to the Owner any and all standard manufacturer's warranties and standard manufacturer's guarantees specified in the Construction/Contract Documents. The obligation and liability of Biltmore Construction Co., Inc. and/or its Surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. D. Extended Warranties This proposal is qualified to include only those extended warranties available as standard from the manufacturers. The Contractor, installers,and applicators will not provide extended warranties or guarantees. 3. Special conditions relating to Owner purchased/Contractor installed items and associated tax exemptions: Notwithstanding any provision to the contrary, should the Owner elect to purchase items directly and avoid any sales taxes or other taxes,the Owner will defend, indemnify,and hold harmless Biltmore Construction Co., Inc. absolutely from and against any claim,audit, investigation, cost,or assertion of any kind made by,or on behalf of,the Florida Department of Revenue or other such agency that may arise during and/or subsequent to the completion of the project. Under no circumstances shall Biltmore Construction Co., Inc.or its subcontractors be liable for the sales taxes associated with the Owner purchased items. 4. Builder's Risk Insurance: Biltmore Construction Co. Inc. shall purchase and maintain, until the date of Substantial Completion of this project,a standard Special Form (all"Risks of Physical Loss")Completed Value Builder's Risk insurance policy in the amount of the initial contract sum (GMP), including any subsequent modifications thereto, insuring the interests of the Owner, Biltmore Construction Co., Inc.,and Subcontractors in the Work under this contract. A separate flood policy will be included as part of this insurance. Page 7 /,‘.U\\ . r� B BILThORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 All premiums and deductible costs related to this property insurance shall be seen as cost of the work and paid by the Owner. A. The following items are the responsibility of the Owner and are not included in this GMP: Property insurance premiums and/or deductible costs. 1. Property insurance coverage on existing buildings and/or contents. 2. Property insurance coverage on the Work under this Contract after the date of Substantial Completion. 5. Basis of this GMP Proposal relative to 100% Drawing Document Review Comments and other potential design change'subsequent to the submittal of this proposal: This proposal is provided based on the final design documents unpermitted. If the Scope of Work changes or permit review requires additional changes to the work the GMP Proposal and its associated costs are subject to change. 6. Time and Price-Impacted Materials& Equipment(Escalation/Availability of Materials): As of the date of this Contract Agreement and/or during the performance of the Work, certain markets providing materials and equipment necessary to complete the Project may experience significant industry-wide fluctuation in cost, delivery,and availability. As a result,should there be any fluctuations that materially affect the cost,delivery, and/or availability of such items, regardless if same should occur before the acceptance of the GMP Proposal,or subsequent to the acceptance,the Owner agrees to make an equitable adjustment in the Contract Time and/or Guaranteed Maximum Price as applicable. Notwithstanding any other provision to the contrary, the Contractor shall not be liable to the Owner for any expenses, losses or damages arising from a delay in delivery of a potentially time and price impacted material/equipment item not the fault of the Contractor. 7. Subcontractor Payments: Notwithstanding anything to the contrary,the Owner specifically acknowledges and agrees that the Construction Manager(Contractor)operates on a pay-when-paid basis with its subcontractors,and nothing contained herein or elsewhere shall be interpreted to require the Construction Manager and/or its Surety to remit any payment(including final payment)to subcontractors prior to the receipt of payment(including final)from the Owner. 8. No cost is included for any Florida Keys Electric Co-Op work related to primary power. 9.This GMP is not a line item GMP and the costs should not be considered as such. Page 8 \ `i B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 10.This proposal includes only twenty(20)vertical feet of foundations for the Canopy System as none are currently indicated on the construction documents. 11. No soil remediation at the existing Monroe County Government Center is included in this proposal. 12. Signage included in this proposal is for the gas tanks and pumps only.All other signage to be provided by Owner. 13.All work is to be done during normal work hours. No overnight work is included in this GMP. 14.All finishes are included as specified on the drawings and specifications.All colors are to be selected from normal range of colors unless specified. 15. Utility consumption costs, other than temporary utilities for construction, are excluded. 16. Re-filling of existing gas/diesel tank at 300 Magnolia Street is not included in this proposal. 17.The Owner is required to have the existing gas/diesel tank at the Monroe County Government Center to contain 100 gallons of gas or less in the tank prior to removal. 18.The removal of the existing canopy at the fuel island at the Monroe County Government Center is not included in this proposal and will be included in a future phase. 19.The removal of the existing fuel lines(gas/diesel) at the existing fuel island at the Monroe County Government center is not included in this proposal and will be included in a future phase. Capping of the existing lines is included in this proposal. 20.An allowance of$2,500.00 has been included for an Air Compressor. Please see the"Guaranteed Maximum Price Breakdown"which follows. Page 9 '% U''•, B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 GUARANTEED MAXIMUM PRICE BREAKDOWN Base GMP Bid/Trade Itemized Description of the Work Amount 1A General Works $2,500.00 3A Cast-In-Place Concrete $92,345.00 9G Painting $1,200.00 11A Fuel Pumps/Tank Relocation $68,700.00 11B Canopy $33,106.00 11C Air Compressor Allowance $2,500.00 22A Plumbing $45,000.00 26A Electrical $83,150.00 32A Fencing $5,950.00 Subcontractor Direct Cost(SDC) $334,451.00 Liability Insurance $5,369.00 Performance and Payment Bond $5,369.00 Permits $6,383.00 Builders Risk Insurance Including Deductible Expenses Allowance $5,369.00 General Conditions/Requirements $23,684.00 Construction Phase Fee $103,255.00 Construction Cost Budget(CCB) $483,880.00 Overhead and Profit 7%of(GMP) $35,125.00 Total Construction Budget(TCB) $519,005.00 Contingency(5%of SDC) $17,907.00 Total Guaranteed Maximum Price(GMP) $536,912.00 Page 10 B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 GENERAL REQUIREMENTS DESCRIPTION UNIT COST PER MONTH TOTAL Cell Phones 4 months x$400.00 per month $1,600.00 IT Costs 1 Lump Sum $500.00 Office Supplies 4 months x$100.00 $400.00 Postage& Delivery 4 months x$120.00 per month $480.00 Temporary Labor 128 Man Hours x$43.00 per hour $5,504.00 Rubbish Removal 4 Pulls x$700.00 $2,800.00 First Aid Supplies 4 months x$60.00 $240.00 Fire Extinguisher 1 Lump Sum $100.00 Security Fencing 1 Lump Sum $220.00 Temporary Water 4 months x 75.00 per month $300.00 Temporary Sanitation 4 months x$140.00 per month $560.00 Survey I Lump Sum $3,000.00 Quality Control Testing I Lump Sum $4,385.00 As Builts/Close-Out 1 Lump Sum $1,250.00 Video Progress Photos/Aerial 1 Lump Sum $1,695.00 Photos Extra Plans&Specs 1 Lump Sum $250.00 Small Tools 4 months x$100.00 per month $400.00 Total $23,684.00 Page 11 kti I R BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price(GMP) Proposal GMP 986-001 CONTRACTOR'S PHASE FEE DESCRIPTION UNIT COST PER MONTH TOTAL Project Executive 188 MH x$90.03 per hr $16,925.64 Project Manger 281 MH x$57.96 per hr $16,286.76 Project Engineer 281 MH x$26.34 per hr $7,401.54 General Superintendent 140 MH x$63.64 per hr $8,909.60 Superintendent 693 MH x$63.64 per hr $44,102.52 Job Clerical 270.1 MH X$33.00 per hr $8,913.30 Safety Director 1 Lump Sum $715.64 Total $103,255.00 Page 12 /J- B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 EXHIBIT D—Construction Schedule Subject to the ASSUMPTIONS AND CLARIFICATIONS contained herein,the anticipated construction period shall be ONE HUNDRED Forty Nine(149) Calendar days from notice to proceed to achieve Substantial Completion, after receipt, by Biltmore Construction Co., Inc.,of all of the following requirements: • Execution of the Guaranteed Maximum Price Amendment of the Agreement Between Owner and Biltmore Construction Co., Inc. • Receipt of the Written Notice to Proceed. • Receipt of all required Permits. • Recorded Notice of Commencement(as applicable). • Construction site available to commence construction activity. • Utilities disconnected and/or relocated as necessary to commence construction. Final Completion shall be within Thirty(30) calendar days following the Date of Substantial Completion of the Work. A more detailed CPM Project Schedule will be provided in accordance with the requirements of the Agreement between Owner and Biltmore Construction Co., Inc. Page 13 Monroe County Fuel Island Relocation Project 988 ID Task Task Name Duration Start Finish Predecessors Zuarter 1st•uarter 2nd Quarter 3rd Quarter Mode Nov Dec Jan Flo Mar A•r M. J n Jul Au• Se• 1 o Preconstruction 2 or, Permitting 0 days Tue 12/5/17 Tue 12/5/17 12/5 3 on Bidding 20 days Tue 12/5/17 Mon 1/1/18 2 4 Ni.% Tabulate and Review Bids 10 days Tue 1/2/18 Mon 1/15/18 3 5 I! Prepare GMP 5 days Tue 1/16/18 Mon 1/22/18 4 6 In GMP Review and Approval 10 days Tue 1/23/18 Mon 2/5/18 5rili 7 In Notice to Proceed 10 days Tue 2/6/18 Mon 2/19/18 6 8 Construction 9 ott Submittals 20 days Tue 2/20/18 'Mon 3/19/18 7 10 n Mobilization 5 days Tue 3/20/18 Mon 3/26/18 9 11 In Site Work&Drainage 5 days Tue 3/27/18 Mon 4/2/18 10 12 In Foundations 20 days Tue 4/3/18 Mon 4/30/18 11 "\ 13 04 Underground Electric&Controls 8 days Tue 5/1/18 Thu 5/10/18 12 14 0i Underground Water&Air 5 days Fri 5/4/18 Thu 5/10/18 13FF 15 n Canopy 5 days Fri 5/11/18 Thu 5/17/18 14 16 W Slab on Grade 13 days Fri 5/18/18 Tue 6/5/18 15 17 Tank Relocation 5 days Wed 6/6/18 Tue 6/12/18 16 18 In Fuel Lines&Dispensers 12 days Wed 6/13/18 Thu 6/28/18 17 19 ott Electrical 7 days Wed 6/20/18 Thu 6/28/18 18FF III4- 20 in Water&Air 6 days Thu 6/21/18 Thu 6/28/18 18FF IC 21 = Controls 10 days Fri 6/15/18 Thu 6/28/18 18FF !Y 22 ar, Fencing 4 days Wed 6/13/18 Mon 6/18/18 17 I 23 1 Project Close-Out 24 14 Final Inspections 5 days Fri 6/29/18 Thu 7/5/18 21 25 or, Substantial Completion 0 days Thu 7/5/18 Thu 7/5/18 24 7/5 26 n Punch List 1 day Fri 7/6/18 Fri 7/6/18 25 27 M% Punch list Work 5 days Mon 7/9/18 Fri 7/13/18 26 Tue 1/30/18 Page 1 Biltmore Construction Co.,Inc. • Monroe County Fuel Island Relocation Project 988 ID Task Task Name Duration Start Finish Predecessors uarter 1stQuarter 2nd Quarter 3rd Quarter Mode Novi Dec lJan Febl Mar lAorlMayI Jun l Jul AugISeo 28 i Final Completion 0 days Fri 7/13/18 Fri 7/13/18 27 • 7/13 Tue 1/30/18 Page 2 Biltmore Construction Co.,Inc. . . B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 EXHIBIT E—Alternate Prices DESCRIPTION AMOUNT • Alternate No. 1 (1) New Gas Boy Duel Product Duel Hose Gasboy#9153 $10,059.00 Alternate No. 2(2) Single Phase Control Box $569.00 Alternate No. 3(2) 1.5 HP STP Submersible Transfer Pumps $3,802.00 NOTE: Election to accept any or all of the above alternates must be made no later than (45) days from the date of the Notice to Proceed in order to not affect price or schedule.All alternates include all fees. Page 14 . . B BILTMORE CONSTRUCTION CO., INC. Public Works Fuel Island Relocation Plantation Key Judicial Courthouse and Detention Facility 300 Magnolia Street, Key Largo Guaranteed Maximum Price (GMP) Proposal GMP 986-001 PROPOSAL TERM This GMP Proposal must be accepted in writing by the Owner on or before April 30, 2018. After said date, this GMP Proposal shall be null and void, absent the express written acceptance by Biltmore Construction Co., Inc. Biltmor- ons uction Co., Inc. (CGCs•0464) N O `Y = ;;-> Signature -:ar =. arr, —c r-r1 x c-)x N c: on m Name: Vito DiRuggiero x� "0 7) rn Print Name —+n r �D N) d C Title: Vice President Monroe Count s By: Signature Name: David Rice MONROE COUNTY ATTORNEY'S OFFICE Print Name 3/2.1 J2.e117 I)A_ t Fir. o'✓ PATRICIA EABLES • ASSISTANT COUNTXATTORNEY Title: Mayor DATE: 5—t�'`a (SEAL) Air7EVIN CLERK DEPUTY CLERK Page 15 1A ' ® DATE (MM/DDNYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE L 1 3/22/2018 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 rights to the certifi ho lder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Val Hendrickson Cobb Strecker Dunphy & Zimmermann PHONE FAX 225 South Sixth Street A/c No Ext : 612- 349 -2446 Arc No) Suite 1900 ADDRESS: vhendrickson@r-sdz.com Minneapolis MN 55402 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED BILTCONI INSURER B: American Guarantee 8r Liab Ins Co 26247 Biltmore Construction Co., Inc. 1055 Ponce De Leon Blvd INSURERC: Belleair, FL 33756 INSURERD: INSURER E: INSURER F : !`r'% %1=Dnf_CC CFDTIFI(ATF MlIMRFR• Ig9AgAQdRR RFVIAIf)N NIIMRFR- 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. INSR LTR TYPE OF INSURANCE INSD SUER POLICY NUMBER MM DD /YYYY MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY GL0008451103 1/1/2018 11112019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR Contr Liab per PPR ® IB BY I EME � T r:- I DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 X MED EXP (Any one person) $ 15.000 X Policy Forrn/XCU -- ` PERSONAL & ADV INJURY $ 1,000,000 DAT L.Jf GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � JE O LOC WAIVER N/ YES - - PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP008461203 1/1/2018 1/12019 COMBINED SINGLE LIMIT Ea accident, $ 1 000 000 BODILY INJURY (Per person) _ $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I Hired Auto Ph s Dm e $ ACV X Comp: $1,000 Coll: $1,000 B X UMBRELLA LIAR X OCCUR AUC678165504 1112018 1112019 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC008451403 1/1/2018 1/12019 X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Leased or Rented Equip /ACV CPPI05206803 1112018 1/12019 $1,000 Deductible $250,000 Per Item Property- Speciric/Repl Cost $5,000 Deductible $1,113,918 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BCC Project #988: Fuel Island Relocation project, 300 Magnolia Street, Key Largo, FL 33037 Additional Insured only if required by written contract with respect to General Liability, Automobile Liability and Umbrella /Excess Liability applies on a primary basis and the Insurance of the Additional Insured shall be Non - Contributory: Certificate Holder, Project Owner and Others as required by written contract. Waiver of Subrogation only if required by written contract With respect to General Liability, Automobile Liability, Workers Compensation and Umbrella /Excess Liability applies in favor of: Certificate Holder, Project Owner and Others as required by written contract. See Attached... CFRTIFICATF HOI nFR CANCFI I ATInN ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 500 Whitehead Street Key West FL 33040 AUT REPRES ENTATIVE ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BILTCONI LOC #: A► o ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Cobb Strecker Dunphy & Zimmermann NAMED INSURED Biltmore Construction Co., Inc. 1055 Ponce De Leon Blvd Belleair, FL 33756 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The following supersedes the cancellation wording: Should any of the above described policies be cancelled before the expiration date, 30 Days written notice (10 Days for Non - Payment) will be delivered to the certificate holder. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DUPLICATE ORIGINAL Deco 2164001 04/12/2018 3:01PM Filed & Recorded in Official Records of MONROE COUNTY KEVIN MADOK BCC JOB 988 THIS IS THE FRONT PAGE OF THE PERFORMANCE /PAYMENT BOND ISSUED IN COMPLIANCE WITH FLORIDA STATUTE CHAPTER 255.05, Public Work Deco 2164001 Bond Number: 82461185 Bkn 2900 Pgp 2122 Contractor Name: Contractor Address: Contractor Phone Number: Surety Company: Surety Address: Surety Phone Number: Owner Name: Owner Address: Owner Phone Number: Biltmore Construction Co., Inc. 1055 Ponce de Leon Blvd., Belleair, FL 33756 (727) 585 -2084 Federal Insurance Company 202B Hall's Mill Road Whitehouse Station, New Jersey 08889 (908) 903 -5150 Monroe County Board of Commissioners 500 Whitehead Street Key West, FL 33040 Obligee Name: (if contracting entity N/A is different from the owner, the contracting public entity) Obligee Address: Obligee Phone Number: Project No: Project Description: Project Address: Legal Description of Property: Fuel Island Relocation Project 300 Magnolia Street, Key Largo, FL 33037 FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page numbers(s) that may be pre - printed thereon. Doca 2164001 Bka 2900 Pga 2123 DUPLICATE ORIGINAL PUBLIC CONSTRUCTION BOND BCC Job 988 Bond No. 82461185 BY THIS BOND, we, BILTMORE CONSTRUCTION CO., INC., 1055 Ponce de Leon Blvd., Belleair, FL 33756, as Principal and Federal Insurance Company, 202B Hall's Mill Road, Whitehouse Station, New Jersey 08889, a corporation, as Surety, are bound to Monroe County Board of Commissioners, 500 Whithead Street, Key West, FL 33040, herein called Owner, in the sum of ($536,912.00) FIVE HUNDRED THIRTY -SIX THOUSAND, NINE HUNDRED TWELVE AND NO /100 DOLLARS, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated January 29, 2018, GMP date March 7, 2018, between Principal and Owner for construction of Fuel Island Relocation Project, 300 Magnolia Street, Key Largo, FL 33037, 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 payment 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 attorneys 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. This Bond in all respects shall be deemed a statutory bond and shall be governed by Section 255.05, Florida Statutes, including, but not limited to, all notice and time provisions as set forth in 255.05 (2), Florida Statutes. 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 Surety's obligation under this bond. DATED on March 26, 2018 FED URAN By: (S John E. Tauer, Attorney -in -Fact Vito Diruggiero, Vice President Doca 2164001 Bkq 2900 PgH 2124 State of Florida ) )ss County of Pinellas ) CORPORATE ACKNOWLEDGMENT On this I � day of r 1 2018 , before me appeared Vito Diruq_ iero , to me personally known, who, being by me duly sworn, did say that he /she is the Vice President of Blitmore Construction Co., Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said Vito Diruggiero acknowledged said instrument to be the free act and deed of said corporation. .�,►�' 7 aBRA K. SCNAEFEA 11 t% Notary Public - Stab of Florida • Commission N GG 037477 i P a= My Comm. Expires Feb 4, 2021 . Bonded through National Notary Assn. State of Minnesota ) ) ss County of Hennepin ) C� " " )e, — . Notary Public Co u n My commission expires SURETY ACKNOWLEDGMENT On this 26th day of March 2018 , before me appeared John E. Tauer , tome personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of Federal Insurance Company , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said John E Tauer acknowledged said instrument to be the free act and deed of said corporation. �+ MR, t, YVttivv� /M`in�- ,.JWr`VW'WVl ^✓V��n a . < << RACHEL THOMAS yy I40T�L'21' IJIINNESJ' AT My Commission Expires .;: January 31, 2020 •n v�,: �;%.. vsNlnnn .•::v�1rnJVwv�AMl�nn.'!• a Notary Public Ramsey County, Minnesota My commission expires 1/31/2020 CHUBB, Doc# 2164001 Bk# 2900 Pg# 2125 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Melinda C. Blodgett, R. C. Bowman, R. Scott Egginton, Sandra M. Engstrum, R. W. Frank, Ted Jorgensen, Joshua R. Loftis, Kurt C. Lundblad, Brian J. Oestreich, Jerome T. Ouimet, Craig H. Remick, Nicole M. Stillings, John E. Tauer, Rachel A. Thomas, Lin Ulven, Colby D. White and Emily White of Minneapolis, Minnesota-------------- - - - - -- each as their we and lawful Attomey -]n -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 25 day of September, 2017. c)W r.5'r`"..'m &Kwxql ' Davin M.ChlormAsssistantSecrelary STATE OF NEW JERSEY ComityofHunterdon ss. 1 i Stephen M. Haney, Vice President , . On this 25th day of September, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal °� TM ..; r�r � tai KATHERNISA ADELAAR NOTARY FUk1C BF t1EW'JIRSEY h6:231111111" Cwwftslon EVIL" MY 16, 2010 Notary Ptrb6c CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: - RESOLVED, that the following authorizations relate to the execution, forand onbehalf of the Company, ofbonds, undertakings, recognizances, contracts and otherwritten commitments of the Company entered Into in the ordinary course of business (each a' Written Commitment "): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the seal of the Company or otherwise. (2) Each duly appointed atmmey -In -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by thegrant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, forand on behalfofthe Company, to appoint In writing any person the attorney- In-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as maybe specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate In writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Companys seal or otherwise. such Written Conunitments of the Company as are specified In such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Comminnentr, (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution. and the seal of the Company, maybe affixed by facsimile on such Written Commitment or written appointment or delegation. FARTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority ofofficers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested" I. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies ") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. MONROE COUNTY Given trader my hand and seals ofsaid Companies at Whitehouse Station. NJ, this 26th day of March, 2018 OFFICIAL RECORDS �.+ Davm M. ChlorM Assistant Secrefalf IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFYTHE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: F Tele hone (908) 903 -3493 Fax (908) 903 -3656 e-mail: sure @chubb.com Form 15.10- 02258- U GEN CONSENT (rev. 12 -16)