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1st Amendment 12/09/2015AMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: December 29, 2015 TO: Roman Gastesi County Administrator ATTN: Lindsey Ballard Executive Aide FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller C ' " 60helet At the December 9, 2015 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C3 Approval of the 1 st amendment to the sewer Lateral Construction Agreement with Douglas N. Higgins Inc. at Florida Keys Marathon International Airport. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 1S AMENDMENT TO THE SEWER LATERAL CONSTRUCTION AGREEMENT DOUGLAS N. HIGGINS INC. MONROE COUNTY THIS AMENDMENT is made this 9"' day of December, 2015 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, (hereinafter called "OWNER ") and Douglas N. Higgins, whose legal address is 339 Travis Pointe Rd. Suite A, Ann Arbor, Michigan, 48108 (hereinafter called "CONTRACTOR "). WITNESSETH WHEREAS, on the 17' day of October 2015, the County entered in to a Sewer Lateral Construction Agreement (hereafter Original Agreement); and, WHEREAS, contract time runs 150 days for base bid work solely or 225 calendar days if the additive alternative work is added to the base bid work; and, WHEREAS, the date of commencement of the contract time triggers rights and obligations which affect both parties; and, WHEREAS, the parties wish to clarify the number of days in the contract time and the effective date for purposes of the Commencement of Contract Times; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original agreement as follows: 1. Article 3 of the Original Agreement is amended to read as follows: ARTICLE 3. CONTRACT TIME. 3.1 The Contract Time shall be two hundred twenty -five days (225) Calendar Days for the Base Bid and the Additive Alternate(s), including thirty (30) days for administration, mobilization and submittals. C, 3 3 .2 CONTRACTOR agrees that the Work shall be prosecuted regularly, diligently and uninterruptedly and at such rate of progress as will insure full completion thereof within the Contract Time stated above. It is expressly understood and agreed, by and between CONTRACTOR and OWNER that the Contract Time is reasonable for the completion of the Work, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. 3.3 For purposes of calculating "Commencement of Contract times: Notice to Proceed" pursuant to section 2.03 of the Standard General Conditions of The Construction Contract, the effective date of this Agreement is December 14, 2015. 2. All other provisions of the October 17, 2015 original Sewer Lateral Construction Agreement not inconsistent herewith, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 2 IN WITNESS WHEREOF, each party has caused this 1st Amendment to the Sewer Lateral Construction Agreement to be executed by its duly authorized representative. (SEAL) AMY HEAVILIN, CLERK 130 � fi�so _ yl Witnesses for CONTRACTOR: Signature Sandra K. Garrison Print Name Michael Haeussler Print Name Date: November 17, 2015 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor /Chairman DOUGLAS N. HIGGINS, INC. Kel A. kie, Vice - President SignVure o person authorized to legally bind Corporation MO O C is NT"� �A 0, c- ' I [ D'', P OV DAS I 1�� I 1 .1 e//, Signature C= D •� Q to M r CD r- 0 rn M C= ©_n o 7u MO O C is NT"� �A 0, c- ' I [ D'', P OV DAS I 1�� I 1 .1 e//, Signature