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1st Amendment 10/16/2019 GJ6 COUgTB Kevin Madok, CPA 1.4 ;o =:: . *` Clerk of the Circuit Court&Comptroller—Monroe County, Florida ~RaG COUNT. DATE: November 15, 2019 TO: Beth Leto, Airports Business Manager FROM: Pamela G. Hancolllkii1I.C. SUBJECT: October 16' BOCC Meeting Attached is an electronic copy of the following item for your handling: C26 1st Amendment to Contract with D.L. Porter Constructors, Inc., for the Rental Car Wash Facility at the Florida Keys Marathon International Airport to clarify that the original contract for the project is a lump sum agreement. 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 1st AMENDMENT TO THE RENTAL CAR WASH FACILITY FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT 040 64' THIS 1sT AMENDMENT is made this 1(941k day of September, 2019 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street,Key West,Florida 33040(hereinafter called"County")and D.L.Porter Constructors, Inc., whose legal address is 6574 Palmer Park Circle, Sarasota, Florida 34238 (hereinafter called "Contractor"). WITNESSETH WHEREAS,on the 21st day of March 2019, the County and the Contractor entered in to a Rental Car Wash Facility Construction Agreement(hereafter Original Agreement); and, WHEREAS,the parties wish to clarify that the contract is a lump sum agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,the parties agree to amend the original agreement as follows: 1. Article 3 of the Original Agreement is amended to read as follows: 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 the Contract Documents the Contract Lump Sum of One Million One Hundred Seventy-Six Thousand Seven Hundred Forty-Three Dollars ($1,176,743.00). County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports,shall be used as a basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the CIerk's disbursal of funds. 2. All other provisions of the March 21, 2019 original Rental Car Wash Facility Agreement not inconsistent herewith, shall remain in full force and effect. .., r-=-hv.'71 lie \,� WITNESS WHEREOF, each party has caused this 1st Amendment to the Rental Car9 I flit Agreement to be executed byits dulyauthorized representative. �a I '. Y P► P xw-_; j �. i BOARD OF COUNTY COMMISSIONERS " : KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA N. .4.'c..**.e....311 ?" . 4Miv t,,ENO, By T By Deputy Clerk Mayor/Chairman Witnesses for CONTRACTOR: A.L.PO 0 R .. S % TORS, INC. (J4Q_RA-(1,4-41€ r,i, ..",//..,„.....a.,,f Signature i L afper- so autha 'zed to legally bind Corporat on Gary A. •er, President Coleen A.Castagna Print Name ' Date: 9/2612019 . c- = e r r c Li 1' le A infvfd :,--,,,,,q.2,--.,- .._ . rn 4,-Y SA.7 5.7 ignature .� a -11 Kim McGinnis r. . Print Name Date: A I a(p I i of M E All' NEY is ASSIST cf- J.MERCADO Date 3c� 2 Client#:4463 DLPORTER ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/02/2019 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bouchard Insurance,Inc. PHONE 727 447-6481 I FAX C 727 449-1267 (A/C,No,Extl: (AI ,Not: 101 N Starerest Dr. E-MAIL ADDRESS: certificates@bouchardinsurance,com Clearwater,FL 33765 INSURER(S)AFFORDING COVERAGE NAIL S 727 447-6481 INSURER A:Colony Insurance Co 39993 INSURED INSURER a:Travelers Excess&Surplus Lines Co 29696 D L Porter Constructors,Inc. INSURER C:Amerisure Mutual Insurance Company 23396 6574 Palmer Park Circle INSURER D:Old Dominion Insurance Company 40231 Sarasota,FL 34238-2777 INSURER E: INSURER F: 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. INSR TYPE OF INSURANCE NSR WVAXIL D POLICY NUMBER IPOLICY YYYI IMMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 103GL001647505 01/01/2019 01/01/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X I OCCUR PREMISESa occur°nce) $100,000 X BI/PD Ded:2,500 MED EXP(Any one person) s5,000 • PERSONAL&ADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 XI JEC PROT IX ILOC PRODUCTS-COMP/OP AGG $2,000,000 IPOLICY 1 OTHER: $ COMBINED SINGLE LIMIT D AUTOMOBILE LIABILITY Y Y B1T3307V 01/01/2019 01/01/2020(Eaaccidenn $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _AUTOS ONLY $ $ B UMBRELLA — OCCUR Y Y ZUP81N0856418NF 01/01/2019 01/01/2020 EACH OCCURRENCE s5,000,000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE $5,000,000 DED I XI RETENTION SO $ C WORKERS COMPENSATION Y WC208074507 01/01/2019 01/01/2020 X ISTAT H IITF I IFOR AND EMPLOYERS'LIABILITY ANY PR�MEE OR EXRLNER E ECUTIVE YYN N/A E.L.EACH ACCIDENT s500,000 OFFI(Mandatory in NH) E.L DISEASE-EA EMPLOYEE $500,000 III If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 li C Leased/Rented 1M2059364 01/01/2019 01/01/2020 $100,000 Equipment Ded:$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) **Workers Comp Information** Proprietors/Partners/Executive Officers/Members Excluded: ApP AGEENT Gary Loer,President DA Marshall White,Vice-Pres ' (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION - t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE �I MONROE COUNTY BOARD OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 500 WHITEHEAD ST (� KEY WEST, FL 33040-0000 AUTH.-- ORIZZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03). -I of 2 The ACORD name and logo are registered marks of ACORD 4S989325/M989238 MIKKO I • DESCRIPTIONS (Continued from Page 1) • Certificate holder is additional insured as respects General Liability,Auto and Excess Liability only if required by written contract,and subject to the terms,conditions and exclusions as specified in the policy. Waiver of subrogation applies in favor of certificate holder as respects General Liability,Auto,Excess Liability and Workers Compensation only if required by written contract,and subject to the terms, conditions and exclusions as specified in the policy. • Coverage is primary as respects to General Liability and non-contributory as subject to the terms, conditions and exclusions of your policy. It is agreed by endorsement to the Workers Compensation policy that this policy shall not be cancelled by the insurance carrier without first giving sixty(60)days prior written notice except for nonpayment of premium or if the first named insured elects to non renew. 30 DAY NOTICE OF CANCELLATION • • • F SAGITTA 25.3(2016/03) 2 of 2 #S989325/M989238 N in UMBRELLA o POLICY NUMBER: ZUP-81N08564-19-NF • ISSUE DATE: 01/25/19 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: o EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE I 0 ° Commercial General Liability Limits Of Liability Carrier: COLONY INSURANCE COMPANY o° General Aggregate $2,000,000* Policy AS PER SCHEDULE ON FILE WITH Products-Completed * Number: THE COMPANY Operations Aggregate $2,000,000 ro Personal and Advertising Injury $1,000,000 m Policy Period In From: 01/01/2019 Each Occurrence $1,000,000 to: 01/01/2020 O o Automobile Liability Limits Of Liability 0 N Carrier: OLD DOMINION INSURANCE COMPANY Bodily Injury And Property Damage Combined Single Limit $1,000,000 Policy. B1T3307V Bodily Injury Each Number: Person $ • ksam i� Bodily Injury Each $ Policy Period Accident saam From: 01/01/2018 to: 01/01/2020 Property Damage Each $ Accident Employers Liability Limits Of Liability ECarrier AMERISURE MUTUAL INSURANCE Bodily Injury By Accident COMPANY Each Accident $500,000** Policy AS PER SCHEDULE ON FILE WITH • Number: THE COMPANY Bodily Injury By Disease Policy Limit $500,000** Policy Period Each Employee $500,000** From: 01/01/2019 to: 01/01/2020 *$2,000,000 PER PROJECT AGGREGATE WITH A $5,000,000 CAP **UNLIMITED IN THE STATE OF NEW YORK FOR SUBJECT EMPLOYEES PRODUCER: BOUCHARD INS-CLEARWATER OFFICE ALPHARETTA, GA EU 00 03 08 18 @ 2018 The Travelers Indemnity.Cmmnanv All rinhfc Penn 1 of 1 • N • w O o UMBRELLA g POLICY NUMBER: ZUP-81N08564-19-NF ISSUE DATE: 01/25/19 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE - CONTINUED This endorsement modifies insurance provided under the following: 0° EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE r- 0 S Type Of Coverage: EMPLOYEE BENEFITS LIABILITY Limits Of Liability $1,000,000 EACH CLAIM Carrier: g COLONY INSURANCE COMPANY $1,000,000 AGGREGATE RETRO DATE: 01/01/2014 • * Policy AS PER SCHEDULE ON FILE WITH THE In Number: COMPANY Policy Period in From: 01/01/2019 to: 01/01/2020 o Type Of Coverage: Limits Of Liability Carrier: Policy • Number: -moo Policy Period IMMO From: to: ' Type Of Coverage: Limits Of Liability ,, Carrier • Policy Number: Policy Period From: to: PRODUCER: BOUCHARD INS-CLEARWATER OFFICE: ALPHARETTA, GA EU 00 04 07 16 © 2016 The Travelers indemnity Cmmoanv All rinhrc nacoruorl Pmna 1 r.4 • • DLPORTER • ACORD. EVIDENCE OF PROPERTY INSURANCE ) 06/12/2019 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY.AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE • ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY I PHONE COMPANY USNo,Ertl: T27 447-6481 Bouchard Insurance(CLW) Lloyds or London . 101 N Starcrest Dr. Clearwater,FL 33765 me,im;727449.1267 ADARES6:terrlflcatea@BouchanRnaurance.c: m . CODE:' SUB CODEr AGENCY CUSTOMER ID I: 4463 •' INSURED D L Porter Constructors,Inc. LOAN NUMBER POLICYNUMBER Monroe County Board of County CSN0006125 Commissioners,ATIMA EFFECTIVE DATE EXPIRATION DATE 6574 Palmer Park Circle CONTINUED UNTIL • 04/15119 01/10120 1I TERMINATED IF CHECKED Sarasota,FL 34238-2777 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION _ ' LOCATION/DESCRIPTION ' Location#1 9000 Overseas Highway . Marathon,FL 33050 Building#1 Marathon Airport Car Wash 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED I BASIC I I BROAD I X I SPECIAL I I COVERAGEIPERILSIFORMS AMOUNT OF INSURANCE DEDUCTIBLE BUILDERS RISK COVERAGE INFORMATION Job Specific Completed Value: . • • Hard Costs Limit (Completed Value) • 1,176,743 10,000 Interior Water Intrusion Damage(other than flood) 250,000 100,000 Named Storm Included 100,000 Special Form Cause of Loss Included 10,000 Windstorm) - 10,000 (See Attached Coverage info.) REMARKS JincludIng Special Conditions), . Certificate Hoider Is listed as a toss:, ayes& it onal Insured q, Y R • DA WAIVER 0 .Yli ,, • CANCELLATION SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE • DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST. . NAME AND ADDRESS X ADDITIONAL INSURED LENDER'S LOSS PAYABLE u LOSS PAYEE Monroe County Board of County MORTGAGEE Commissioners LOAN St As Their Interests May Appear . (ATIMA) AUTHORIZED REPRESENTATIVE 500 Whitehead Street • Key West,FL 33040 -ACORD 27(2018103) 1 of 2 . S 24938 01993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TYLWE COVERAGE-INF,ORMATIONI(Contimed from page T4} - ` f. _ -s--. . ...-�.... i ---•-_ ..1.<V,f.-�.._...w .v - .-...--e+ �. •_--.-..-�-- —_--_._...�+eAM .rJrv.... :'V--.�'•_.. • ..a.•. ._.s_ ).•s�.�+<..r..��. _J rCOVERAOEIPERILSIFORMS AMOUNT OF INSURANCE DEDUCTIBLE • Earthquake 25,000 Flood 100,000 Terrorism(TRIA) Excluded Property In Transit 100,000 10,000 Offsite Temporary Storage and/or Fabrication 100,000 10,000 Soft Costs Not Covered •Existing Property Not Covered Loss of Earnings/Rental Income Not Covered Testing Not Covered • • • • •