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1st Amendment 10/18/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 27, 2023 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Nicole Twyman Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The following item has been executed and added to the record: C28 1 st Amendment to the General Conditions of the Contract with American Empire Builders, Inc. for repairs to Boca Chica Road due to damage from Hurricane Irma to include Article 14.5, Termination for Cause and Convenience. 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 Amendment to Agreement for Hurricane Irma Boca Chica Roadway Repairs PP r THIS Ally ENDMENT 1 to the CONTRACT is entered into this l V day of October 2023, between Monroe County, whose address is 1100 Simonton Street, Room 2-216 Key West,Florida 33040, hereafter the "COUNTY" and American Empire Builders, Inc., whose address is 13775 SW 14511 Ct. STE. B,Miami,FL 33186, hereafter referred to as "CONTRACTOR". WHEREAS, on May 18th, 2022,the parties executed a contract for Construction for the Hurricane Irma Boca Chica Roadway Repairs Project("Project"); and WHEREAS,this Project may seek funding from the Federal Emergency Management Agency (FEMA) which requires,per 2 C.F.R.Part 200, for certain contract terms to be included; and WHEREAS, in order to ensure that the contract agreement is in compliance with the required federal contract provisions, the County seeps to amend the Agreement to include the updated Termination section of the Project Manual; NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and CONTRACTOR agree to amend Article 14, Termination or Suspension of the Contract, Section 00750-General Conditions of the Contract for Construction,to add the following; 14.5 TERMINATION FOR CAUSE AND CONVENIENCE AS RE,QUIRED BY 2 C.F.R PART 200 APPENDIX II 14.5.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. 14.5.2 Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30)days written notice of its intention to do so. 14.5.3 Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such germination, prior to termination, the COUNTY shall provide CONTRACTOR with five(5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 1 14.5.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and , } t first written above in counterparts, each of which shall be deemed an original contract. ,( BOARD OF COUNTY COMMISSIONERS c.,,,*, s',,$}-7 MAD OK, Clerk ®�MONRI�E ►NTY, FLO D .Te-,-t-t--7----4:,',.., ..., \i„,.0_. A ,,, •�-•- 9 -'-' yA , , A0/1nG By �`"/' pB —1 'As Depty ClerkMayor Date I O )0) W2- MONROE COUN rY ATTORNEY 1 kPPRO}ED AS TO FORM: � nb 7J O�G,rsl iP 1r°`Y fl,7 E{:0 CHRISTINE LIMBERT•BARROWS ASSISTANT COUNTY ATTORNEY DATE:.._10023 (SEAL) AMERICAN EMPIRE BUILDERS,INC. Attest: - By: By: , , f Title: Admin Asst. Title: President Z c=. rr .7 C, C, C) z 2 Client#:720292 AMERIEMPIR DATE(MMIDDNYYY) ACORD_ CERTIFICATE OF LIABILITY INSURANCE 12/14/2022 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 Certificate Specialists Marsh&McLennan Agency PHONE 727 447 6481 FAx A/C,No,Ext): (A,fC,N,oy,'i Bouchard Region ADDRESS. certificates@bouchardinsurance.com 101 N.Starcrest Drive INSURER(S)AFFORDING COVERAGE NAIC# Clearwater, FL 33765 INSURER A:Landmark American Insurance Company 33138 INSURED- - �- ------ INSURER B StarStone Specialty Insurance Company 44 776 _ American Empire Builders,Inc. INSURER c StarNet Insurance Company 4004. p y 5 13775 SW 145th CT INSURER D:Allied World Assurance Company(U.S.)1 19489 Suite B ......... .......... INSURER E:Vantapro Specialty Insurance Company 44768 Miami,FL 33186 Charter Oak Fire INSURER F: Insurance Co 25615 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 CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXPK LIMITS ..... ......... ......._ __....--- ... ..... ........ A X Y Y LHA113621 12/08/2022 12108/202 EACH OCCURRENCE $1,000 000 CLAIMS-MADE U X OCCUR ( AMA�„1,F T11 RENTED � LTR IN SR WVL7 POLICY NUMBER MMIDDIYYYY MM/PJOIYYY, COMMERCIAL GENERAL LIABILITY � dEh1pSSGEaacouvvwn )„ $100,000 erson) $5 000 ................ ..... .......... PERSONAL&ADV INJURY $1,000,000. ..MP An one„. , FwHER: 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ',$2,000,000 POLICYd X JECI' LOC PRODUCTS-,COMP/OPAGG $2,000 000 ----........ ...... . ...... ......$............................................................. ' E AUTOMOBILE LIABILITY t.WT Tv Y Y 5087027304 12/08/2022 12/08/2023 COMBINED Ea ice denD..... I$1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ .1111,- '�AUTOS ONLY AUTOS"�'" HIRED NON-OWNED DAMAG(= AUTOS ONLY ,,�F"�r arcad�nC) - j PROarvden AUTOS ONLY $ X.. 1 $ .....,,,. ..... ...,.,n.. ............ ......... - a...... .....__ ....- ........ $5 OOO OOO EXCESS LIAB B X UMBRELLA LIABEACH X OCCUR MADE Y Y 89186A222ALI '12/08/2022 12/08/202 AGGREGATE OCCURRENCE m ..... .m 5,000,000 DED -, RETENTION$ ? ... ......... .............. ......... .......... ......... ..._..... C ;WORKERS COMPENSATION Y KEY0145742 12/08/2022 12/08/2023 X I PER iOTH OFFICEOPRIET ER EXCLUDED N I N I A I STATUTE 1 ...� AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE'Y/N E.L.EACH ACCIDENT .$1,000,000 (Mandatory in NH) ;E.L.DISEASE-EA EMPLOYEE I$1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below -E.L DISEASE POLICY LIMIT $1,000,000 D Pollution Liab. Y Y 03128724 12/08/2022 1210812023 $2M/$2M Professional Liab Y Y F Rent/Leased Equip QT6608S92240ATIL 12/08/2022 12/08/202 $1 000,000 per item DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If required by written contract,Certificate Holder is an additional insured with respect to General Liability,Auto Liability,Professional Liability, Pollution Liability,and Excess Liability,subject to the terms,conditions and exclusions of the policies.Additional insured with respect to General Liability includes ongoing and completed operations.Coverage with respect to General Liability is primary and noncontributory. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION13y, 12 N5 % 2 SHOULD ANY OF THE DATL Monroe County Board of County THE EXPIRATION DAT Commissioners ACCORDANCE WITH T 1100 Simonton St Key West,FL 33040-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S12094770/M12092801 RCGAD DESCRIPTIONS (Continued from Page 1) When required by written contract,waiver of subrogation applies in favor of Certificate Holder with respect to General Liability,Auto Liability,Workers Comp,Professional Liability,Pollution Liability, and Excess Liability subject to the terms,conditions and exclusions of the policy. There are no exclusions for Jib,Boom and/or Overload on the Rented/Leased Equipment policy. Complete Certificate Holder: Monroe County Board of County Commissioners and FDOT Project: Boca Chica Road Repairs Explosion,Collapse&Underground Hazard(XCU)coverage included in the GL policy.It is agreed by endorsement to the general liability,auto&workers comp policies that this policy shall not be cancelled by the insurance carrier without first giving thirty(30)days prior written notice except for nonpayment of premium. SAGITTA 25.3(2016103) 2 of 2 #S12094770/M12092801