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#1st Amendment 08/17/2022 GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 25, 2022 TO: Breanme Erickson, Contract/Budget Administrator Project Management Stan Thompson, Contract Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: August 17th BOCC Meeting Attached is a copy of the following item, which has been executed and added to the record: U3 1st Amendment to the Construction Manager at Risk Agreement with Ajax Building Company in the amotult of$31,856,275.00 for the construction of a new Emergency Operations Center in Marathon to be funded primarily by a series of grant agreements,iniuitnizing the use of County capital fluids. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Cotulty Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FIRST AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND AJAX BUILDING COMPANY,LLC FOR THE FL KEYS MARATHON AIRPORT NON-AERONAUTICAL USE BUILDING This First Amendment("Amendment")dated August 17, 2022 to the Agreement dated November 3,2021 ("Agreement")is made and entered by and between Monroe County,a political subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West,FL 33040,its successors and assigns, hereinafter referred to as "County", and Ajax Building Company, LLC, 109 Commerce Boulevard, Oldsmar, FL 34677, its successors and assigns, hereinafter referred to as "Contractor." The County and Contractor are collectively referred to as "Parties." WHEREAS, on October 14, 2021, the Contractor delivered a proposal ("Proposal") for a Guaranteed Maximum Price ("GMP") for construction of the FL Keys Marathon Airport Non- Aeronautical Use Building ("Project"), located in Monroe County, Florida, based on designs generated by the architect/designer ADG, Inc.; and WHEREAS, on November 3, 2021, the Parties entered into an Agreement by which the County approved the GMP and further approved the selection of the Contractor to perform all work ("Work") in connection with the management of the construction phase of the FL Keys Marathon Airport Non-Aeronautical Use Building("Project"), located in Monroe County,Florida; and WHEREAS, construction costs have escalated since execution of the Agreement and the Parties have agreed that a revision of construction schedules and compensation is necessary. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Within the Agreement, the first sentence of Paragraph 1.1 within Article 1, The Contract Documents, shall be revised and replaced to read as follows: 1.1 Contract Documents consist of this Agreement including any Exhibits or Attachments to this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), the Request for Proposals (RFP) issued to secure the services of the Construction Manager,Addenda to the RFP issued prior to execution of this Agreement, together with the Construction Manager's response to RFP, the Guaranteed Maximum Price (GMP) Proposal dated August 5, 2022 ("GMP Proposal"), all required insurance documentation, and any addenda, amendments, change orders, construction change directives, and field orders issued after execution of this Agreement. 1 2. Within the Agreement,the fourth sentence of Paragraph 4.1, Contract Sum, shall be revised and replaced to read as follows: 4.1 The Owner will also pay Construction Manager a Construction Management Overhead and Fee for the entire Cost of the Work in the fixed amount of One Million Five Hundred Twenty Eight Thousand Nine Hundred Eighty One Dollars and no cents ($1,528,981.00)as part of the GMP of Thirty One Million Eight Hundred Fifty Six Thousand Two Hundred Seventy Five Dollars and no cents ($31,856,275),as outlined in the GMP Proposal. 3. All other terms and conditions of the Agreement remain unchanged and in full force and effect. [The remainder of this page intentionally left blank.] 2 IN WITNESS WHEREOF, each party caused this Amendment to be executed by its duly authorized representative. Execution by the Contractor must be by a person with authority to bind the entity. ,csu (SEAL) - BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk "as 23 fF MONROE COUNTY,FLORIDA '= ���"-` By: .A Ii i , ; By: As I eputy Clerk °�s Y -may <' May Date 93) 17)7622 CONTRACTOR'S Witnesses Attest: CONTRACTO . Ajax Building Company, LLC Contractor must irovide two witnesses signatures Signature: Signature: I VA�'11�..�..I, Print Name: Willis . B me 4, Print Name: 11,_ 01 AA, f, t_!0 Title: President p Date: 0 ' I- a Date: 8- and Signatur . Print Name: I2-4S 4toie-eu, �l4 Date: l 7 ti a-) Approved as to form and content: 7-3 Monroe County Attorney's Office 71 CD 8-9-2022 3 ACoR" CERTIFICATE OF LIABILITY INSURANCE D12272002DD/YYYY) 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA,Inc. NAME: PHONE FAX 1166 Avenue of the Americas A/C No Ext: A/C,No): New York,NY 10036 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 101636071-AJAX-GAWUP-22-23 INSURER A:Arch Insurance Company 11150 INSURED Ajax Building Company,LLC INSURER B:XL Specialty Insurance Company 37885 Global Infrastructure Solutions,Inc. INSURER C:ACE Property and Casualty Insurance Company 20699 1080 Commerce Blvd. INSURER D:Indian Harbor Insurance Co. 36940 Midway,FL 32343 INSURER E:Arch Indemnity Insurance Company 30830 INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-010896550-07 REVISION NUMBER: 8 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY 11PKG8914313 01/01/2022 01/01/2023 EACH OCCURRENCE $ 5,000,000 DAMAG ToTE CLAIMS-MADE � OCCUR PREM SES(a occur ence) $ 300,000 SIR-$500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 POLICY JE� LOC PRODUCTS-COMP/OP AGG $ 10,000,000 OTHER: $ A AUTOMOBILE LIABILITY 11 PKG8914313(AOS) 01/01/2022 01/01/2023 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident A X ANY AUTO 11CAB8914413 (MA) 01/01/2022 01/01/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLALIAB X OCCUR US00064696LI22A($10,000,000) 01/01/2022 01/01/2023 EACH OCCURRENCE $ 25,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $ 25,000,000 C DED X RETENTION$10,000 XSM G2819884A 006($15,000,000) 01/01/2022 01/01/2023 $ A WORKERS COMPENSATION 14WCI8925113 (AOS) 01/01/2022 01/01/2023 X PER OTH- AND EMPLOYERS'LIABILITY E Y/N 11WCI8914213 (FL) 01/01/2022 01/01/2023 STATUTE ER 1,000,000 ANYPROPRIETOR/PARTN ER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liability CE0742018007 01/01/2022 01/01/2023 EACH CLAIM/AGGREGATE 25,000,000 and Pollution (Claims Made) DED:$1 M EA CLAIM/$3M AC G DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re:202011-FL Keys Marathon Airport Non-Aero(EOC),TBD,Marathon,FL The Monroe County Board of County Commissioners,its employees and officials are included as an Additional Insured(except for Workers Compensation and Professional Liability)as required by written contract. The Monroe County Board of County Commissioners,its employees and officials are included as Loss Payee where required by written contract with respect to Automobile Liability. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County APPROVED BY RISK MANAGEMENT' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Commissioners —v y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500 Whitehead Street BY ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 (DATE WAVER NSA YES AUTHORIZED REPRESENTATIVE 7rrr¢Gi ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD