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3rd Amendment 12/20/2006 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 27. 2006 TO: Dave Koppel, County Engineer Engineering Division ATTN: FROM: Ann Riger Facilities Development Pamela G. Hanc<& Deputy Clerk At the December 20,2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Third Amendment to Agreement between Monroe County and The Morganti Group, Inc., Key West International Airport - New Terminal Building and Renovation Project guaranteed maximum price amendment. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finanye File/ THIRD AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND CONSTRUCTION MANAGER, THE MORGANTI GROUP, INC. KEY WEST INTERNATIONAL AIRPORT- NEW TERMINAL BUILDING AND RENOVATION PROJECT Guaranteed Maximum Price Amendment This third amendment (hereinafter "GMP Amendment") to the Agreement between the County and Construction Manager, the Morganti Group, Inc., for the Key West International Airport - New Terminal Buildin~ and Renovation Project (hereinafter "Agreement") is made and entered into this :2077( day of DECEI'18DC ,2006, by and between Monroe County, a political subdivision of the State of Florida (hereinafter "County"), and The Morganti Group, Inc., a corporation of the State of Florida, (hereinafter "The Morganti Group"). WITNESSETH WHEREAS, on the 2nd day of November 2005 the parties entered into an Agreement dated October 19, 2005 for the New Terminal Building and Renovation Project at the Key West International Airport; and WHEREAS, on the 15th day of March 2006 the parties entered into an amendment, incorporated herein, ofthe original agreement whereby The Morganti Group contracted with the County to perform Hurricane Damage Repair Work to the Florida Keys Marathon Airport; and WHEREAS, The County and The Morganti Group have agreed to amend and clarify both the Agreement and the First Amendment in a second amendment to the Agreement; WHEREAS, the F.A.A. and the F.D.O.T. have both provided grant funds for the New Terminal Building and Renovation Project at the Key West International Airport and the Hurricane Damage Repair Work to the Florida Keys Marathon Airport; and WHEREAS, the grant awards contain grant conditions which must be satisfied; WHEREAS, the parties are currently working together and with the Architect-Engineer to determine the scope of each party's responsibility and appropriate lines of authority to assure compliance with such grant conditions during the Construction Phase; WHEREAS, the parties intend to amend the Agreement, separately from this GMP Amendment, to address such compliance responsibilities; NOW, THEREFORE, in consideration ofthe mutual promises and covenants set forth below, the parties agree to amend the original Agreement as follows: .$I< In accordance with Article 7, the County hereby approves and the Agreement dated October 19,2005 is hereby amended to establish for the designated portion of the work described in the GMP proposal dated November 15, 2006 the Guaranteed Maximum Price in the amount of$31,613,533.00 for the Key West International Airport New Terminal Building and Renovation Project and $3,718,026.00 for the Marathon Hurricane Damage Repair Work. The total Guaranteed Maximum Price, $35,331,559.00, includes preconstruction and construction phase fees and overhead and profit for the Key West International Airport New Terminal Building and Renovation Project and the Marathon Hurricane Damage Repair Work. All other provisions of the October 19,2005 Agreement (as previously amended), not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to the agreement to be executed by its duly authorized representative. ATTEST: DANNY L. KOLHAGE, CLERK C.~ Depu Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~g~ Mayor/Chairman j Construction Manager: The Morganti Group, Inc. BY~ Gerry KellyNice resident-Regional Manager ATTEST: ~it;e:~~~ :J: ..., = .." C) 0 = );> ..... z c , ::0 Z ;-n on:t: /T1 .-. p,1_'" ("') '- :::e' N ., ("'). , c) ~ on' -.I ::0 ~~.J~_~ -0 ~::rJ ~ ,_.. ::J: P'l -< C?~, C) :q:--t~ - c). - :::0 I fT1 c.n CJ J> N