Loading...
#2nd Amendment 01/18/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 31, 2023 TO: Cary Knight, Director Project Management Breanne Erickson, Contract/Budget Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: January 18th BOCC Meeting Attached is the following item, which has been executed and added to the record: C27 2nd Amendment to the Construction Manager at Risk agreement with Ajax Building Company to clarify language in the County's Partial Release of Liens form which is required with each pay application. No changes to the funding are proposed. 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 SECOND AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND AJAX BUILDING COMPANY, LLC FOR THE FL KEYS MARATHON AIRPORT NON-AERONAUTICAL USE BUILDING This Second Amendment ("Amendment") dated January 18, 2023 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 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, on August 17, 2022, the Parties entered into a First Amendment to the Agreement, in order to update the Guaranteed Maximum Price for the Project; and WHEREAS, the Agreement included a form entitled Affidavit and Partial Release of Lien ("Partial Release"). to be submitted by the Contractor with each application for payment; and WHEREAS,the Parties wish to amend the Partial Release in order to clarify two of the statements on the form. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. The Affidavit and Partial Release of Lien form attached to the Agreement at page 83 of 149 is removed and replaced in its entirety with the Affidavit and Partial Release of Lien form attached as Exhibit A to this Amendment. 2. This Amendment is made applicable to any pay applications submitted beginning on November 1, 2022. 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.] 1 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 y,;, ,tlhe gntity. c 7,..c f z-'.%J,%-y -,,,,,,_:, ,„,, .-�' \ I - , BOARD OF '{ NTY COMMISSIONERS SFr,i `,.,.'. test: vin Madok, Clerk OF MON'.' OUNTY, < OR„,'A 11 k5:,. ' ��'"ra f ,. !�v ►"it+ . ...,,,, 60140 or \'ZV w.; :� `c, ,, s Deput Clerk :;:�. ., Mayor "1caNy.Y�w'o Date 1 ( i€ai1zoi' CONTRACTOR'S Witnesses Attest: CONTRACT R: Ajax Building Company, LLC Contractor must provide two witnesses signatures Signature: Sign ure: A...��- Print Name: William P vrne Print Name'2c u.1�. en-rex 1.4,,, Title: President Date: t - 3 • a 3 Date: / 323 and 1 Signature:. I ...�.[� A t 11 A„LA A 0 r„r, Print Name: k ' 4. a r 16 . Z `. I - 3—, i Date: � �� d h i:r x. .. C Approved as to form and content: Monroe County Attorney's Office 12-29-2022 Creo;t' /447 Exhibit A 3 Monroe County EOC MONROE COUNTY AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: As part of this PARTIAL RELEASE,THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of$_ , as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full through the period covered by the prior Application for Payment. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for non payment: (If none, write "NONE") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes and fees imposed by all government agencies are current. THAT all funds have been collected for FICA and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or Maintenance Agreement. WITNESS MY HAND THIS day of 20 Witness Name of Company Witness Signature,Title AGREEMENT—CONSTRUCTION SERVICES Page 83 of 149 ACoR" CERTIFICATE OF LIABILITY INSURANCE D12•1920 2D/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-23-24 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-010896550-09 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 11PKG8914314 01/01/2023 01/01/2024 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 PKG8914314(AOS) 01/01/2023 01/01/2024 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident A X ANY AUTO 11CAB8914414(MA) 01/01/2023 01/01/2024 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 US00064696LI23A($10,000,000) 01/01/2023 01/01/2024 EACH OCCURRENCE $ 25,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $ 25,000,000 C DED X RETENTION$10,000 XSM G2819884A 007 ($15,000,000) 01/01/2023 01/01/2024 $ A WORKERS COMPENSATION 14WCI8925114(AOS) 01/01/2023 01/01/2024 X PER OTH- AND EMPLOYERS' ER LIABILITY STATUTE E Y/N 11WCI8914214(FL,PA) 01/01/2023 01/01/2024 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 CE0742018008 01/01/2023 01/01/2024 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. Y CERTIFICATE HOLDER CANCELLATION 1 . 19 . 23 Monroe County Board of County DAT SHOULD ANY OF TI tE Commissioners THE EXPIRATION - IN 500 Whitehead Street ACCORDANCE WIT Key West,FL 33040 AUTHORIZED REPRESENTATIVE 7rrr¢Gi ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD