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1st Amendment 09/20/2023 Komw% RAo%&4o%l eavill IVICIC110K, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: September 21, 2023 TO: Judith Clarke, PE, Director Eiigiricenhig/Roads& Bridges ATFN: Debra Laudon, Project iect Manager FROM: Pamela G. I SUBJECT: September 20"' BOCC Mcctirig Attaclied is an electronic copN, ol'dic 1'()Ilo%viiig item for your limidirrig: C45 V Anicii(hiient to flie I st Street and Bertha Street Roa(lwa), linprovemew Project construction contract between Monroe CornitN,and ZAilene Enterprises, Inc., waiving the requireiriciit for outstaridirig subcontractor releases to be submitted 1)), the Contractor in order to allow for firial papimit so the Count)-can obtain the final FDOT Small Count), 0utreacli Program grant reliribursciiierit. Slioul(I you leave any questions please feel free to contact iiie at (305) 292-3550. Cc: Count}'AttorrieN, 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 Amendment to Agreement for the 1" Street and Bertha Street Roadway Improvements Project THIS AMENDMENT 1 to the CONTRACT is entered into this 20th day of September 2023, between Monroe County,whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040,hereafter the "COUNTY" and Zahlene Enterprises, Inc., whose address is 11300 NW 97th Avenue,Medley, FL 33178,hereafter referred to as "CONTRACTOR". WHEREAS, on January 20, 2021,the parties executed a contract for Construction for the Ist and Bertha Street Roadway Improvement Project("Project"); and WHEREAS,this project is funded in part by the Florida Department of Transportation (FDOT) Small County Outreach Program(SCOP); and WHEREAS,the State-Funded Grant Agreement with FDOT for the SCOP funding provides in part that the County must submit the final invoice on the Project within 120 days after completion of the Project; and WHEREAS,the Project reached substantial completion on or about May 3, 2023 and the Scope of Work under the agreement has been completed and FDOT provided final acceptance for the project on June 29, 2023,but the Contractor has been unable to obtain releases from subcontractor(s) as required by the contract documents and the ongoing dispute resolutions with the subcontractor(s) have delayed the processing of the final invoice; and WHEREAS, in order to ensure that the grant agreement deadlines can be met and that the County can seek full reimbursement for the Project, the County seeks to amend the Agreement to waive the requirement for subcontractor releases to allow for final payment. NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and CONTRACTOR agree to amend or waiver certain provisions of Article 9,Payments and Completion,Paragraph 9.10.2 of Section 00750-General Conditions of the Contract for Construction,Paragraph 1.6 Final Payment Request of Section'01027 Application for Payment and the contract documents regarding submission of subcontractor(s)releases,as follows: 1. The County hereby waives the requirements under Paragraph 9.10.2 and Paragraph 1.6 for Contractor to submit separate Subcontractor(s)releases and waivers of lien for any outstanding subcontractor releases and waiver of liens. 2. In all other respect,the Agreement dated January 20,2021, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall be deemed an original contract. 1 BOARD OF COUNTY COMMISSIONERS IN MADOK, Clerk OF MONROE CC1 Y,FLORIDA IDA By: By As Deputy Clerk Mayor Date � �_�.�, �� a..�,n ��-2- � MONROE COUNTY ATTORNEY PPR .ED AS TO 0 AP, s10 e;Q, i CHMSTTNELIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY DATE'- q (SEAT) ZABLENE ENTERPRISES, Attest: By: s By: ` Title: 8an ka I er Title: rn c� �r— r ®' CD ZAHEENT-01 DDEPAZ ,a►CC7RO°° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/WW) `r...— 3/27/2023 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 NAME: Collinsworth,Alter,Fowler&French, LLC PHONE 305 822-7800 FAX 305 362-2443 15050 NW 79th Court (A/C,No,Ext): ( ) (A/C,No):( ) Suite 200 ADDRIESS: Miami Lakes,FL 33016 INSURER S AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company INSURED INSURER B:Continental Insurance Company 35289 Zahlene Enterprises,Inc INSURERC:Valley Forge Insurance Company 20508 11300 NW 97th Avenue INSURERD:Federal Insurance Company 20281 Medley,FL 33178 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 ADDL SUBR POLICY NUMBER WPOLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YY W MM/DD/YY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE j OCCUR 7011978097 3/26/2023 3/26/2024 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � JECT1:1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: EBL $ 2,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 7011978102 3/26/2023 3/26/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE 7011978133 3/26/2023 3/26/2024 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 7011978116 3/26/2023 3/26/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Equipment Floater 6712251 3/26/2023 3/26/2024 Leased/Rented 400,000 E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: 1st Street and Bertha Street Roadway Improvements License Number:CGC1524754 and CUC1225056 No exclusion endorsement for: Underground,Explosion and Collapse(XCU) Monroe County BOCC is included as an additional insured with respect to general liability and auto liability when required by written contract. Excess/Umbrella follows form over general liability,auto liability and workers comp. Sy'k J � 77 ,= CERTIFICATE HOLDER CANCELLATION 4 . 25 23 µ SHOULD ANY OF TH t . Monroe Count BOCC THE EXPIRATION I Y ACCORDANCE WITH IFIt_rrUucr f'KUVIJIUNJ. 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