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05th Amendment 06/19/2019 - c„,„C...,00„ j cc<:—,.'"F ov, Kevin Madok, CPA )10 4— !g :�.= Clerk of the Circuit Court&Comptroller—Monroe.County, Florida 3 • DATE: July 8, 2019 TO: Matthew Howard Project Manager Breanne Erickson Budget/Contract Administrator Tammy Sweeting Interim Executive Administrator 1 FROM: Pamela G. Hand �'��1.C. SUBJECT: May 22' Item D6/June 19th Item T2 BOCC Meetings Attached is an electronic copy of each of the following items for your handling: D6 Contract in the amount of$104,462.00 to Pedro Falcon Electrical Contractors, Inc. for installation of structural shoring at the Monroe County Tax Collector's Building in Marathon. T2 5th Amendment to the Construction Manager at Risk Agreement with Biltmore Construction Co. Inc. (Biltmore), to increase the Guaranteed Maximum Price (GMP) by $202,086.00 for the Plantation Key Judicial Courthouse and Detention Facility for a total GMP of $33,020,527.14. The project will be co-funded by the 2014 Revenue Bond and the one cent infrastructure sales tax. 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,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 FIFTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND BILTMORE CONSTRUCTION CO., INC.FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY This Fifth Amendment to the Construction Management at Risk Contract between Monroe County, Florida("Owner")and Biltmore Construction Co.,Inc.("Construction Contractor"),for the Plantation Key Judicial Courthouse and Detention Facility("Project"),dated December 13,2017("Agreement"), is made and entered into this 19th day of June,2019 in order to amend the Agreement as follows: WHEREAS, on December 13, 2017, the parties entered into an Agreement for Construction Contractor to perform all construction management work in connection with the Project;and WHEREAS, on May 16, 2018, the parties executed the First Amendment to the Agreement to incorporate the Guaranteed Maximum Price ("GMP") and contract time for the Public Works Fuel Island Relocation and Roth Building Wastewater Treatment Plant Replacement phases of the Project; and WHEREAS,on October 17,2018,the parties executed the Second Amendment to the Agreement to incorporate the GMP dated October 2, 2018, and contract time for the Plantation Key Judicial Courthouse and Detention Facility phase of the Project; and WHEREAS, on April 17, 2019, the parties executed the Third Amendment to the Agreement to incorporate the decommissioning of the existing wastewater treatment plant currently shared by the Florida Keys Children's Shelter building. WHEREAS, on May 23, 2019, the parties agreed to a Fourth Amendment to the Agreement to incorporate additional allowances and alternates to the Project including the addition of Bahama Shutters, Casework in Court Rooms"A","B"and"C", and wood acoustical treatments;and WHEREAS, on June 19, 2019, the parties agreed to cancel the Fourth Amendment to the Agreement which had not been executed by either party; and WHEREAS, this Fifth Amendment will provide for the Construction Contractor to provide a proposed Builder's Risk insurance policy on the Project that will provide for the Monroe County Board of County Commissioners to be an Additional Named Insured and a Loss Payee, and provide an opportunity for an extension of the policy if necessary. FIFTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 1 of 3 NOW THEREFORE, in consideration of the mutual promises contained herein, the Owner and Construction Contractor agree to amendthe Agreement as follows:- - ARTICLE 1 -SCOPE OF WORK The Scope of Work contemplated and approved in this Fifth Amendment allows th7tConstruc ri .- 0 Contractor to provide Builders Risk Insurance coverage for the Project.The ConstructioA ntract s r proposal dated June 7,2019,for the insurance is attached to this Fifth Amendment as afi Aibit. i- - -r1 ARTICLE 2-GMP a-'r �. = ,r W rn • 2.1 The Construction Contractor shall provide Builder's Risk Insurance coverage per t_hh attacl _ 2 • proposal, at a not to exceed cost of Two-Hundred Two Thousand Eighty-Six and 00/100 doll= - ' ($202,086.00). rre tt Except as expressly modified herein,all other terms and conditions of the Agreement and GMP as amended remain unchanged. In the event of a conflict between the terms of this Amendment and those of the Agreement, Owner and Construction Contractor agree that the terms of this Amendment ` :41_ ), •evail and control. r' ' .ITNESS WHEREOF, each party caused this Amendment to the Agreement to be executed � . �=� Ni1 authorized representative. u.l S pf':----it'4�r a) . . sf;` , ' :KEVIN MADOK BOARD OF COUNTY COMMISSIONERS '^ aon.o���' VOF MONRO O LORID r c n -n By: By: r 33 wpm Clerk Ma or/C airman ---38 i y0 Date: 4., I,, Zo 1 9 O D 45 00 BIL CONSTRU I N CO, INC. CONTRACTOR WITNESSES m` MI By: Witness Signature: s,." Name: -,A1,,i • az • Witness Name and Date: le12 .,-L. r19 Title: -\/Ices ADrsCi i Witness Signature: t4` Date: 6 2� '9 Witness Name anz s ate:Too„,,,Ls IJovi✓l l`$1 -r / 5 FIFTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 2 of 3 • EXHIBIT A FIFTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION • KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 3 of 3 _ • BWThOBILIMORE CONSTRUCTION June 7,2019 Mr.Cary Knight Director,Project Management Monroe County Public Works&Engineering 1100 Simonton Street Key West,Florida 33040 Re: Plantation Key Judicial Center and Detention Facility Project Revised Builders Risk Proposal//4 Dear Cary: Biltmore Construction is pleased to offer the following revised proposal to provide the Builders Risk Insurance for the Plantation Key Judicial Center and Detention Facility Project.The Builders Risk policy will be passed thru Biltmore Construction Co.,Inc.and no fees will be added to the policy. The cost is itemized as follows: Base Policy thru Westchester Insurance Company-Policy Term 10/01/2019 to 5/15/2021-$202,086.00 Policy Specifics o $34,255,422.00 Insured Value o $100,000.00 Deductible for flood with a$20,000,000.00 sublimit for flood o 5%Deductible for named windstorm insured at$34,255,422.00(Claim has to be$100K Min) o $25,000.00 Deductible for Earth Movement Insured at$34,255,422.00 o $10,000.00 Deductible for Water Damage o $5,000.00 Deductible for all other perils o Refer to page 5 under Terms and Conditions of the attached quote the policy lists Monroe County Board of County Commissioners as Additional Insured and Loss Payee. o Refer to Page 5 under Terms and Conditions notes a 60 Day extension will be offered if needed for an Additional Premium. If you should have any further questions please feel free to contact me. Sincerely, VUo-Di.Ruggix4-o- Vito DiRuggiero Vice President LEED AP cc: Travis Parker-BCC Bruce Schafer-BCC Jennifer Lederhouse-BCC Matthew Howard-MC Maria Slavik-MC Chris Ambrosio-MC Ski Webber-MC John Ullrich-WWW 1055 Ponce de Leon Boulevard I Belleair,Florida 33756 (727)585-2084 I Fax(727)585-2088 Westchester .1 Chubb(w1110 ny To: Matt Dross From: Kellan Quinn,AMIM,CPCU Company: SOCIUS INSURANCE SERVIC Date Sent: 06/23/2019 Quote#: 05BDOL 001QU—REVISED#3 NAMED INSURED&Mailing Address: Biltmore Construction Co., Inc. REVISED TERM 1055 Ponce de Leon Blvd., Belleair, FL 33756 Thank you for submitting the captioned account. Please read this quotation carefully, as the limits,coverage, exclusions,and any other terms and conditions may vary from those you requested in your submission and/or from the expiring policy. This quote is valid for 60 days from the date sent or until the effective date shown below,whichever comes first. Please contact me with any questions that you may have. Effective Date: 10/01/2019 12:01 A.M. Local Time at the NAMED INSURED's Address Expiration Date: 05/15/2021 12:01 A.M. Local Time at the NAMED INSURED's Address Term: 592 Days Company: Westchester Fire Insurance Company(Admitted) Coverage: Builder's Risk Coverage Form(s): ACE0728(10-15)Construction Risk Form Covered Perils: Direct physical LOSS subject to the terms,conditions and exclusions In the policy forms and as specified below. Whenever"NCP"is shown below it denotes no coverage has been purchased and no coverage is provided. Whenever"NA"is shown below it denotes"Not Applicable"to that coverage, deductible,Sub-limit of Insurance, or other policy provision. I.Description, Location and Estimated Completed Value of the INSURED PROJECT at Policy Inception A. Estimated construction contract price is: $34,255,422 B. Value of all property not declared in A. above to be insured by this policy and intended for installation under the construction contract,whether supplied by the INSURED PROJECT owner(s)or other(s):$NCP C. Estimated Completed Value of the INSURED PROJECT at Policy Inception: $34,255,422 D. INSURED PROJECT Name:TBD • E. INSURED PROJECT Description/Construction: New construction of an MNC,2 story courthouse&1 story detention center. Page 1 of 9 Westchester ACirtI,l,(.Mu uuy F. INSURED PROJECT Site:88820 Oversees Hwy,Tavernier, FL 33070 II. Limits of Insurance: $34,255,422(100%)part of$34,255,422 per OCCURRENCE The Company will pay no more for direct physical LOSS in any one OCCURRENCE than the above Limit of insurance. In addition, the Company will not pay for more than its proportionate share(100%)of the following Sub-limits of Insurance and Annual Aggregate Sub-limits of Insurance,which are part of,and not in addition to,the Limit of Insurance above: Sub-limits of Insurance A. Physical LOSS to the INSURED PROJECT $34,255,422 B. Delay in Opening(per Form Number NCP Period of Indemnity NA Calendar Days ACE0729) Loss of RENTAL INCOME: NCP Monthly Limit of Indemnity NA Loss of BUSINESS INCOME:: NCP Monthly Limit of Indemnity NA SOFT COSTS/ADDITIONAL EXPENSES: NCP Monthly Limit of Indemnity NA Interest expense on construction loan(s); NCP Monthly Limit of Indemnity NA Advertising and promotional expense; NCP Monthly Limit of Indemnity NA Legal and accounting fees; NCP Monthly Limit of Indemnity NA Commissions incurred upon the renegotiation NCP Monthly Limit of Indemnity nA of leases; Fees for licenses and permits; NCP Monthly Limit of Indemnity NA Insurance premiums for Builders Risk, NCP Monthly Limit of Indemnity NA Workers'Compensation and General Liability Insurance; Real estate taxes and assessments; NCP Monthly Limit of Indemnity NA Project administration expense; NCP Monthly Limit of Indemnity NA C. EXISTING PROPERTY NCP D. Damage to EXISTING PROPERTY—Limited NCP E. Property In Transit per Conveyance $1,000,000 F. Temporary Off-site Storage and Off-site $1,000,000 Staging Areas,any one location G. Expediting and Extra Expenses 20%of the insured physical LOSS,or $2,500,000; whichever is less Page 2 of 9 • • Westchester ,5 Chubb Mummy H. Debris Removal 25%of the insured physical LOSS, or$5.000.000; whichever is less I. Trees,Shrubs and Plants $250,000 J. Protection Service Charges $250,000 K. Fire Protective Equipment Recharge $250,000 L. Valuable Papers and Records $250,000 M. Claim Preparation Expenses $ 100,000 N. Protection of Insured Property Pre-LOSS $ 100,000 O. Architects and Engineers Fees $25,000 P. Office and Construction Trailers/Semi-trailers $ 10,000 and their Contents Q. Ordinance or Law $ 10,000,000 R. TESTING INCLUDED S. Business Personal Property $ 10,000 T. Contract Penalty $5,000 U. TOWER CRANE Re-Erection Expense NCP V. NAMED WINDSTORM $34,255,422 Annual Aggregate Sub-limits of Insurance A. FLOOD Per OCCURRENCE $20,000,000 Annual Aggregate $20,000,000 B. EARTH MOVEMENT Per OCCURRENCE $34,255,422 Annual Aggregate $34,255,422 C. Pollution or Per OCCURRENCE $100,000 Contamination Clean-Up Annual Aggregate $100,000 D. Limited Coverage For Per OCCURRENCE $ 100,000 FUNGUS, Wet Rot, Dry Rot or Bacteria Annual Aggregate $100,000 III. Escalation Clause Page 3 of 9 • • I4/eslcllesler A ChuW,CumW,,y The Sub-limit of Insurance for Physical LOSS to the INSURED PROJECT stated above Is considered an estimate. Should any increase in the Estimated Completed Value of the INSURED PROJECT occur,the Sub-limit of Insurance for Physical LOSS to the INSURED PROJECT will automatically increase to reflect the change concurrently,subject to a maximum increase of 0%of the original Sub-limit of Insurance stated above.The Per OCCURRENCE Limit of Insurance stated above will increase by the same amount. This clause does not apply to other Sub-limits of Insurance, including Delay in Opening, if endorsed to this Policy, nor does it apply to the Annual Aggregate Sub-limits of Insurance. IV. Deductibles $5,000 Direct physical LOSS In any one OCCURRENCE except; A. LOSS in any one OCCURRENCE caused by or $100,000 or NA% resulting from FLOOD Subject to a maximum deductible of: NA B. LOSS in any one OCCURRENCE caused by or $25,000 or NA% resulting from EARTH MOVEMENT Subject to a maximum deductible of: NA C. LOSS in any one OCCURRENCE caused by or $ 10,000 or NA% resulting from WATER DAMAGE Subject to a maximum deductible of: NA D. LOSS in any one OCCURRENCE caused by or $100,000 or 5% resulting from NAMED WINDSTORM Subject to a maximum deductible of: NA E. LOSS in any one OCCURRENCE caused by or $5,000 or NA% resulting from TESTING Where a percentage deductible is shown above,the deductible shall be the greater of the dollar amount shown, or the stated percentage of the total insured values at the INSURED PROJECT site or sites at the time and date of the LOSS, unless a maximum deductible is listed. Delay In Opening—WAITING PERIOD: NCP Calendar Days, Each DELAY except; A. Each DELAY Caused by or resulting from FLOOD: NCP Calendar Days B. Each DELAY Caused by or resulting from EARTH NCP Calendar Days MOVEMENT C. Each DELAY Caused by or resulting from NAMED NCP Calendar Days WINDSTORM V. Rates and Adjustment Coverage Type Rate Term Deposit INSURED PROJECT Physical LOSS VRS Per$100 Annual $ 199,099 Delay in Opening Per$100 Annual 1 TESTING(days) Per$100 Term TESTING(days) Delay in Opening Per$100 Term Page 4of9 Westchester .l chutd,C n,,iuu�. Total Deposit Premium: $199,099 TRIPRA Premium: $ 2,987 Total Deposit Premium Including TRIPRA: $202,086 Subject to a minimum earned premium of $ 50,521 Any applicable taxes,surcharges or fees,etc.are in addition to the above stated premium.The actual taxes, surcharges or fees,etc.will be those in effect on the date coverage is bound. The insured is responsible for paying these taxes,surcharges or fees in addition to the above stated premium. Terms&Conditions:Additional Named Insured and Loss Payee: Monroe County Board of County Commissioners 1100 Simonton St, Key West, FL 33040 60 Day extension will be offered if needed for an Additional Premium General: VI.Extension of Term: This Policy may be extended for a period not to exceed 0 days from the original expiration date shown above, subject to the same terms and conditions in effect at the time of the extension, and subject to a pro-rata additional premium,exclusive of TESTING. NOTE: Premium rates applicable to coverage during the period of June 1st through November 30th(NAMED WINDSTORM Season)may differ from rates applicable during the period December 1st through May 31st,and • additional premium for extensions will reflect those pricing differences. The TESTING PERIOD may be extended for a period not to exceed 0 days from the number of days for TESTING stated above,subject to the same terms and conditions in effect at the time of the extension, and subject to an additional premium based upon the number of days of the extension period. The NAMED INSURED must request these extensions in writing and receive acceptance from the Company prior to the original expiration date of this Policy. If the NAMED INSURED does not provide the aforementioned written extension request(s),coverage provided hereunder shall terminate on the original expiration date stated in this Policy. VII.Additional NAMED INSURED Information: Biltmore Construction Co., Inc. Policy Forms: IL 09 52(01/15) Cap on Losses From Certified Acts Terrorism ALL-20887(10/06) CHUBB Producer Compensation Practices&Policies MA-608255p(04/15) Claims Directory Property and Inland Marine BB-5W58a(09/11) Common Policy Declarations ACE0728(10/15) Construction Risk Coverage Form ACE0727(10/15) Construction Risk Declarations Cover Letter Cover Letter Page 5of9 Westchester .1 Chubb Cumwny CM 01 16(02/12) Florida Changes IL 02 55(04/15) Florida Changes-Cancellation And Nonrenewal IL 01 75(09/07) Florida Changes-Legal Action Against Us CPFs2(03/08) Forms Schedule CPfs2(12/10) Forms Schedule ACE0210(01/08) Nuclear, Biological, Chemical, Radiological Exclusion TR-45231 (01/15) Policyholder Disclosure Notice Of Terrorism Insurance Coverage ALL-5X45(11/96) Questions About Your Insurance CC-1K11i(02/18) Signatures ALL-21101 (11/06) Trade or Economic Sanctions Endorsement IL P 001 (01/04) U.S.Treasury Departments'Office of Foreign Assets Control("OFAC") Advisory Notice to Policyholders Valuation: A. Property Under Construction—The cost to repair or replace the insured property lost or damaged with material of like kind and quality,less betterment,including contractor's reasonable profit and overhead not exceeding the percentages In the original contract.If the Insured property is not repaired or replaced then direct physical LOSS shall be settled on the basis of ACTUAL CASH VALUE. B. EXISTING PROPERTY-The Company will pay the least of the following for direct physical LOSS to EXISTING PROPERTY: 1. The ACTUAL CASH VALUE of the EXISTING PROPERTY; 2. The cost of reasonably restoring the EXISTING PROPERTY to its condition immediately prior to the LOSS; 3. The cost of replacing the EXISTING PROPERTY with substantially identical property unless replacement with substantially identical property is impossible or unnecessary. In such case, FUNCTIONAL REPLACEMENT COST would apply. C. Property of Others(Including Items Supplied by the Owner)— if Property of Others is new,the cost to repair or replace the insured property lost or damaged with material of like kind and quality,less betterment. If Property of Others is not new then,the Owner's cost or ACTUAL CASH VALUE, whichever is less. if the Property of Others is not repaired or replaced then direct physical LOSS shall be settled on the basis of ACTUAL CASH VALUE. D. TEMPORARY STRUCTURES—The cost to repair or replace the insured property lost or damaged with material of like kind,quality and condition but in the event the insured property is not repaired or replaced recovery will not exceed the ACTUAL CASH VALUE. E. Valuable Papers and Records-The cost to reproduce the insured property with other property of like kind and quality including the cost of gathering or assembling information from back up data if replaced,or if not replaced,at the value of blank material. F. ELECTRONIC MEDIA or ELECTRONIC DATA-The cost of the blank media, plus the costs of copying or restoring ELECTRONIC DATA from back-up or from originals of a previous generation, not including research and engineering or the costs or expense of recreating, gathering or assembling such ELECTRONIC DATA. This Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA to the Named Insured or any other party,even if such ELECTRONIC DATA cannot be recreated,gathered Page 6 of 9 Westchester A Chubb lUr{u"g or assembled. If not repaired,replaced or restored,ELECTRONIC MEDIA shall be valued at the cost of the blank media. G. Trees,Shrubs and Plants-The cost to replace with property of like kind and quality plus the proper proportion of labor expended if such damage occurs after installation. H. Office and Construction Trailers/Semi-trailers and their Contents—If not more than 5 years old as of the expiration date of this Policy, based on the manufacturer's model year,and the NAMED INSURED repairs or replaces the insured property,the least of the following shall apply: 1. The cost to replace the lost or damaged insured property,without deduction for depreciation,with new property of comparable quality and utility; 2. The amount the NAMED INSURED actually spends to repair or replace the lost or damaged insured property. If the insured property is more than 5 years old or the NAMED INSURED does not actually repair or replace the insured property within a reasonable period of time after the date of LOSS,the Company will pay the ACTUAL CASH VALUE The Company will pay for direct physical LOSS to insured property by determining its REPLACEMENT COST,provided that the NAMED INSURED actually repairs or replaces the lost or damaged insured property,or begins to repair the damaged insured property,within 24 months from the date of direct physical LOSS;otherwise,the Company will pay for direct physical LOSS to Insured property by determining its ACTUAL CASH VALUE. Mandatory Exclusions and Amendments: All policy form endorsements including but not limited to Pollution&Contamination,Asbestos, Electronic Data/Cyber Risk, Mold/Fungus,and Nuclear, Biological Chemical Radiological Exclusions. Remarks: The terms, conditions, limits and exclusions of this quotation supersede the submitted information and specifications submitted to us for consideration, and all prior quotations. Actual coverage will be determined by and in accordance with the policy as issued by the insurer. The insurer is not bound by any statements made in the submission purporting to bind the insurer unless such statement is in the actual policy. This quotation has been constructed in reliance on the information and specifications provided in the submission. A material change or misrepresentation of the submission Information and specifications may void this quotation. TRIPRA: ATTACHED PLEASE FIND A DISCLOSURE NOTICE REQUIRED BY THE TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT OF 2015("TRIPRA"). FATCA COMPLIANCE: The U.S. Foreign Account Tax Compliance Act,commonly known as"FATCA", became the law in the U.S.in March of 2010 and becomes effective July 1,2014. Pursuant to FATCA, brokers, producers, agents and/or clients may need to obtain withholding certificates from insurance companies. For information on how to obtain the applicable withholding certificate from CHUBB U.S.insurance companies, please go to http://www2.chu bb.com/us-e n/u-s-foreiq n-account-tax-compliance-act-fatca.as px Page 7 of 9 • , I41es(chester aclwbbon luiiy. Certificates of Insurance: Please be advised that we do not review Certificates of Insurance or Evidences of Commercial Property Insurance issued by you,or by any party,relating to this policy of insurance either for content or accuracy. Accordingly,we request that you do not provide copies of certificates or evidences to us for review or for our records. Authority is granted to you for the limited purpose of issuing unmodified ACORD Certificates(ACORD 25-S for Casualty and ACORD 24 for Property and Inland Marine)and unmodified Evidence of Commercial Property Insurance (ACORD 27 and 28)only. It is your responsibility to see that any Certificate or Evidence provides an accurate representation of the coverage form and endorsements applicable to this policy at the time the Certificates or Evidences is issued. Any modification of the approved ACORD forms specifically set forth above, or the issuance of a non-approved Certificates of Insurance ACORD or other is prohibited. Certificates of Insurance or Evidence of Commercial Property Insurance may only be issued as a matter of information. You have no authority by virtue of a Certificate, Evidence,or otherwise,to amend,extend or otherwise alter coverage afforded under this policy. Certificates of Insurance or Evidences of Commercial Property insurance are never recognized as endorsements or policy change requests. You must submit a separate written request if an endorsement or policy change(including but not limited to adding additional insureds,loss payees and mortgagees and/or alteration of notice requirements for cancellation)is requested. In the event a policy change is requested,the underwriter will advise if the request is acceptable to the Company. Authorize Signature Westchester's Claims Service proves • exceptional. Advisen Industry Claims Satisfaction Survey ranks Chubb as most i ; . preferred insurer for Property, Management, ,., t.' ,� and Professional Liability Claims Handling. U? T�LC's claester Only carrier to be ranked number one in more than one Chubb company category, Page 8 of 9 • C I-I U B B4 BlItmore Construction Co.,Inc. Policyholder POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2015, the definition of act of terrorism has changed. As defined in Section 102(1)of the Act:The term"act of terrorism"means any act or acts that are certified by the Secretary of the Treasury---in consultation with the Secretary of Homeland Security, and the Attorney General of the United States---to be an act of terrorism;to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act, as amended. However, your policy may contain other exclusions which might affect your coverage, such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% beginning on January 1, 2018; 81% beginning on January 1, 2019 and 80% beginning on January 1, 2020, of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds$100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed$100 billion,your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is $ 2.987, and does not include any charges for the portion of losses covered by the United States government under the Act. TR-45231(01/15) y • A d D® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 1/3/2019 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(les)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 certificate holder in lieu of such endorsement(s). CON PRODUCER NAMEACT Certificates Wallace Welch&Willingham, Inc. PHONE FAX 300 1st Ave.So.,5th Floor (Arc.No.Exn:727-522-7777 lac,No):727-521-2902 Saint Petersburg FL 33701 ADDRESS: certificates@w3ins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Zurich American Ins.Co. 16535 INSURED BILTCON-01 INSURERS:American Guarantee&Liability Ins.Co. 26247 Biltmore Construction Co., Inc. 1055 Ponce de Leon Blvd. • INSURER C:Indian Harbor Insurance Co. 36940 Belleair FL 33756 INSURERD: INSURER E: INSURER F: COVERAGES CERTIF ATE NUMBER:150695585 REVISION NUtrIBER: 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 ADDL SUBR POUCY OF INSURANCE N (MMI EFF POLICY EXP /DDID/ n(Y SD WVn POLICY NUMBER YYYY) (MMIDDYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL0008451104 1/1/2019 1/1/2020 EACH OCCURRENCE 51,000,000 ' DAMAGE TO RENTED X CLAIMS-MADE X OCCUR BY MED ;i_ MENT PREMISES(Ea occurrence) $1,000,000 Contractual(Jab DA •a MED EXP(Any one person) S 15,000 XXCU WAIVER N/A .. (I f, (C0.,nm PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X EC LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY BAP008451204 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT S 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ B X UMBRELLAMEI X OCCUR AUC578165505 1/1/2019 1/1/2020 EACH OCCURRENCE $20,000,000 EXCESS LIAR CLAIMS-MADE • AGGREGATE S 20,000,000 DED X RETENTION S n $ B WORKERS COMPENSATION WC008451404 1/1/2019 1/1/2020 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE N N'/A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 C ProfessionalPollutionLiability PEC004885102 1/1/2019 1/1/2020 Per Claim 2,000,000 Aggregate 2,000,000 Deductible 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) BCC Project#986;Plantation Key Courthouse and Detention Facility CMAR Services 88870 Overseas Hwy Tavernier Fl.33070 Monroe County Board of County Commissioners its employees and officials,Project Owner and Others as required by written contract are additional insured on a primary and non-contributory basis with respect to General Liability subject to terms,conditions,and exclusions of the policy. Monroe County Board of County Commissioners its employees and officials,Project Owner and Others as required by written contract are additional insured on a primary basis with respect to Auto Liability subject to the terms and conditions and exclusions of the policy. See Attached... CERTIFICATE HOLDER • CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners its ACCORDANCE WITH THE POLICY PROVISIONS. emplpoyees and offcials 500 Whitehead Street AUTHORIZED REPRESENTATIVE Key West FL 33040-0000 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: BILTCON-01 _ LOC#: A`�D® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Wallace Welch&Willingham,Inc. • Biltmore Construction Co.,Inc. 1055 Ponce de Leon Blvd. POLICY NUMBER Belleair FL 33756 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 Monroe County Board of County Commissioners its employees and officials,Project Owner and Others as required by written contract are additional insured on the Excess Liability Policy(vs Excess Policy)subject to terms, conditions and exclusions of the policy. A Waiver of Subrogation in favor of Monroe County Board of County Commissioners Its employees and officials,Project Owner and Others as required by written contract are applies to eneral Liability,Auto,Umbrella and Workers Compensation if required by written contract. 30 day written notice of cancel! tion,non-renewal,or material change reducing coverage will be given to Certific to Holder by the carrier except for nonpayment of premium which will be ten dayyyys. r • • • • • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .