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Item I08
1.8 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: I.8 Agenda Item Summary #11974 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200 N/A AGENDA ITEM WORDING: Approval of Amendment 1 to the CMAR Prime Construction Agreement with NV2A Gulf Keystar, a Joint Venture, LLC to amend Article 5.3.1 of the original agreement to clarify that costs incurred by the construction manager include overhead and profit as part of the construction manager's fee. ITEM BACKGROUND: CMAR Prime Construction Contract Amendment 1 is to clarify payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and costs incurred by the Construction Manager in support of Subcontractors also includes overhead and profit. PREVIOUS RELEVANT BOCC ACTION: Approval of the CMAR Prime Construction Activities Agreement and GMP Amendment 1 to the Construction Activities Agreement for the early works package on August 17, 2022. Approval of GMP Amendment 2 on September 21, 2022, and approval of GMP Amendment 3 and Change Order 4001 on December 7, 2022. CONTRACT/AGREEMENT CHANGES: Clarifies that the CM fee includes overhead and profit STAFF RECOMMENDATION: Approval DOCUMENTATION: NV2A Prime Construction Contract Amendment 1 FINANCIAL IMPACT: Effective Date: Expiration Date: Packet Pg. 1615 1.8 Total Dollar Value of Contract: Total Cost to County: 0 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 04/03/2023 12:43 PM Richard Strickland Completed 04/03/2023 5:05 PM Pedro Mercado Completed 04/03/2023 5:08 PM Purchasing Completed 04/03/2023 5:20 PM Budget and Finance Completed 04/04/2023 8:48 AM Brian Bradley Completed 04/04/2023 8:56 AM Lindsey Ballard Completed 04/04/2023 9:29 AM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 1616 Key West International Airport Concourse A and Terminal Improvements Program CMAR Prime Construction Contract Amendment 1 PROJECT: CONTRACT INFORMATION: Key West International Agreement Between Owner and Am end Airport Concourse A and Construction Manager at Risk Dated: 8 March 2023 Terminal Improvements (Construction Activities) Program Dated: 17'August, 2022 E OWNER: CONSTRUCTION MANAGER: Monroe County Board of NV2A Gulf Keystar, a Joint Venture,LLC E County Commissioners 5450 MacDonald Ave. 43 500 Whitehead Street Key West, FL 33040 0 Key West, Florida 33040 0 WHEREAS, on August 17, 2022, the Owner and the Construction Manager entered into an agreement U (hereafter "Original Agreement") for Construction Activities for the Key West International Airport < N Concourse A and Terrninal Improvements Program-, z 00 WHEREAS,on August 17,2022,the Owner andthe Construction Manager entered into GMP Amendment 1 for the early works package, and WHEREAS, on September 21, 2022, the Owner and the Construction Manager entered into GMP Amendment 2 for the entirety of the Key West International Airport Concourse A and Tenninal E Improvements construction activities, and E WHEREAS,Owner and the Construction Manager entered into GMP Amendment 3 on December 7,2022 after the Owner obtained additional funding that allowed the owner to include elements in the project that 01 had been removed as cost saving measures through value engineering, and 0 U WHEREAS, Owner and Construction Manager have agreed to the need to correct a deficiency found in the definitions found in Article 5, Cost of the Work, of the Original Prime Construction Agreement. U) a NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, the 0 U parties do hereby agree as follows: 0 E SECTION 1.Article 5.3 Subcontract Costs, Subsection 5.3.1 of the original agreement is amended to read as follows: 5.3.1 Payments made by the Construction Manager to Subcontractors in accordance with the requirements z of the subcontracts and costs incurred by the Construction Manager in support of Subcontractors including labor, equipment,materials, overhead and profit,and bonds and insurance, as applicable. E SECTION 2. Except as set forth in paragraph one of this 4th Amendment, in all other respects,the to and conditions of the Original Agreement, as amended August 17, 2022, September 21, 2022, and December 7, 2022,not inconsistent herewith remain in full force and effect. See next page for signatures. 2023.03.08 KWIA GMP Amendment 04.docx Page 1/2 Packet Pg. 1617 Key West International Airport Concourse A and Terminal Improvements Program CMAR Prime Construction Contract Amendment 1 SIGNATURES This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Construction Manager. (SEAL) E BOARD OF COUNTY COMMISSIONERS E Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor U) Date: a 0 U CONSTRUCTI A ACE AT RISK < N NSTRUC T' -�AAGER AT RI! z v s Cy: 00 Print Na Gilberto Neves 2A G ul Ke s ar JV Repres� Title: 2A Gulf Key JV Representative Date, 09 March 2023 E E ,,�i,�NROE COUNTY ATTOAN 0 ArPlIOVE FORM U PE;MQJ�IMERCADG-1 ASSISTA NTY ATMRNEY U) Date 3/14/23 a 0 U 0 E L- CL z E z" 2023.03.08 KWIA GMP Amendment 04.docx Page 2/2 Packet Pg. 1618 -�� 1.8.a A ©� DATE(MM/DD/YYYY) EVIDENCE OF PROPERTY INSURANCE 10/31/2022 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TI- ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TI- COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TI- ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE COMPANY (A/C,No,Ext): American Global LLC ACE American Insurance Co. 436 walnut street,WA10H Philadelphia,PA 19106 FAX E-MAIL A/C,No): ADDRESS: CODE: SUB CODE: AGENCY CUSTOMER ID#:NV2AGUL-02 INSURED NV2A Gulf Keystar JV LOAN NUMBER POLICY NUMBER 9100 South Dadeland Blvd Ste 600 111202950 001 Miami,FL 33156-7815 EFFECTIVE DATE EXPIRATION DATE a 11/1/2022 7/1/2023 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: U) PROPERTY INFORMATION O U LOCATION/DESCRIPTION 3491 S.Roosevelt Blvd.,Key West,FL 33040 00 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEC NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I; SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED BASIC BROAD SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE E Building $5,111,217 Soft Costs $408,424 j Property in Transit $1,000,000 Temporary Offsite Storage $1,000,000 Flood $5,519,641 O Named Windstorm $5,519,641 L) a O C5 U) a O REMARKS(Including Special Conditions) t0 Special Conditions: �� ,T All Other Perils Deductible-$100,000 Flood Deductible-$500,000 Water Damage Deductible-$250,000 _. .,w,,." < Named Windstorm Deductible-$500,000 N Soft Cost Waiting Period-30 Calendar Days > WANN t . E CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ° ADDITIONAL INTEREST NAME AND ADDRESS X ADDITIONAL INSURED LENDER'S LOSS PAYABLE X LOSS PAYEE MORTGAGEE Monroe County Board of County Commissioners LOAN# Gato Building, Room 2-213 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West,FL 33040 ACORD 27(2016/03) ©1993-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 1619 NV2AGRO-01 1•$•a ACOR©`° CERTIFICATE OF LIABILITY INSURANCE FDATEM/DD/YYYY)(M /22/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZES 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AG FL Insurance Team NAME: American Global LLC PHONE FAX 900 S Pine Island Road (A/C,No,Ext): (A/C,No): E-MAIL certsFL@americanglobal.com Suite 210 ADDRESS: 1. g Plantation,FL 33324 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Valley Forge Insurance Company 20508 INSURED INSURER B:Continental Casualty Company 20443 NV2A Gulf Keystar JV LLC 9100 S.Dadeland Blvd INsuRERc:The Continental Insurance Company 35289 Suite 600 INSURERD:Berkley Assurance Company 39462 9= Miami,FL 33156 INSURER E: O 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 PERIOI � INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: f0 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,1 , CLAIMS-MADE X 00 OCCUR 6072326798 8/17/2022 8/17/2023 DAMAGE TO RENTED 100,E X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 15,1 PERSONAL&ADV INJURY $ 2,000,1 W GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,1 POLICY� JECT � LOC PRODUCTS-COMP/OP AGG $ 4,000,1 OTHER I IEBLAGGREGATE $ 2,000,1 B AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT 1,000,E Ea accident $ 9= X ANY AUTO X 6072326753 8/17/2022 8/17/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE ' HIRED NON-OWNED Per accident $ AUTOS ONLY AUTOS ONLY 10,000,1 C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ O EXCESS LIAB CLAIMS-MADE 6072326770 8/17/2022 8/17/2023 U AGGREGATE $ 10 000 Aggregate 10,000,1 0 DED X RETENTION$ � $ 0 A WORKERS COMPENSATION X PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE WC672326767 8/17/2022 8/17/2023 E.L.EACH ACCIDENT $ —flow OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N N/A E.L.DISEASE-EA EMPLOYEE $ 1,000,1 If yes,describe under 1,000,1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liab. PCAB-5018898-0822 8/17/2022 8/17/2023 $5M Agg;Per Claim/EE 5,000,1 L_ CIL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) N Project: Key West International Airport Concourse A&Terminal Improvements > Monroe County Board of County Commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Aut Liability Policies. 16K T :A ry ds , 71, ' 8 . 23 . 22 DAT CERTIFICATE HOLDER CANCELLATION WAMM - ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IP ty ty ACCORDANCE WITH THE POLICY PROVISIONS. Gato Building, Room 2-213 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 1620 NV2AGU L-02 1•$•a ACOR©`° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) (►•-- 10/11/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZES 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AG FL Insurance Team NAME: American Global LLC PHONE FAX (A/C,No,Ext): (A/C,No): ADDRESS:certsFL@americanglobal.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Homeslte Insurance Company 17221 INSURED INSURER B:Texas Insurance Company 16543 NV2A Gulf Keystar JV INSURERC:Navigators Specialty Insurance Co. 36056 9100 South Dadeland Blvd Ste 600 INSURERD:Gotham Insurance Company 25569 Miami,FL 33156-7815 0 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 PERIOI � INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: f0 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,1 , CLAIMS-MADE Xrl OCCUR PCP-157993595-00 10/10/2022 1/10/2026 DAMAGE TO RENTED 00 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ > PERSONAL&ADV INJURY $ 2,000,1 W GEN'L AGGREGATE LIMIT APPLIES PER: '�° �4 'TI GENERAL AGGREGATE $ 2,000,1 POLICY JECT LOC ", * PRODUCTS-COMP/OP AGG $ 2,000,1 I OTHER: ,.,.,T. T $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO DA i BODILY INJURY Perperson) $ OWNED SCHEDULED -� AUTOS ONLY AUTOS WAM-  "" BODILY INJURY Per accident $ PROPERTY DAMAGE ' HIRED NON-OWNED Per accident $ AUTOS ONLY AUTOS ONLY B UMBRELLA LIAB X OCCUR 5,000,1 EACH OCCURRENCE $ O X EXCESS LIAB CLAIMS-MADE X T122EIWN-02045-01 10/10/2022 1/10/2026 AGGREGATE $ S,000,1 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 881 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ � If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U C Excess Liability X LA22FXSZOC8XJIC 10/10/2022 1/10/2026 Per Occ/Aggregate 5,000,1 of p Excess Liability X EX202200002787 10/10/2022 1/10/2026 Per Occ/Aggregate 7,500,1 , CIL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) N Project: Key West International Airport Concourse A&Terminal Improvements > Excess Liability-$15M($7.5M QS)x$12M Vantage Risk Specialty Insurance Company(NAIC#: 16275) Policy Number: P03XC0000025710 Effective Dates: 10/10/2022-01/10/2026 Each Occurrence/Aggregate:$7,500,000 SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IP ty ty ACCORDANCE WITH THE POLICY PROVISIONS. Gato Building, Room 2-213 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 1621 AGENCY CUSTOMER ID: NV2AGUL-02 F�•$•a771 LOC#: A�©� ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED American Global LLC NV2A Gulf Keystar JV 9100 South Dadeland Blvd Ste 600 POLICY NUMBER Miami,FL 33156-7815 SEE PAGE 1 CARRIER NAIC CODE ,SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance E Description of Operations/Locations/Vehicles: E Excess Liability-$25M($12.5M QS)x$27M Crum& Forster Specialty Insurance Company(NAIC#: 44520) Policy Number: SEO-120792 y Effective Dates: 10/10/2022-01/10/2026 Each Occurrence/Aggregate: $12,500,000 U) a Excess Liability-$25M($12.5M QS)x$27M U Arch Specialty Insurance Company(NAIC#:21199) Policy Number: UXP1049851-00 CN Effective Dates: 10/10/2022-01/10/2026 Each Occurrence/Aggregate: $12,500,000 00 Monroe County Board of County Commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Excess Liability Policies. W E c� O U O c� U) a O U 0 E LM CL c� E c� ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1622