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2nd Amendment 10/21/2020 ..�l 'r Kevin Madok, CPA ;re� ...:Y Clerk of the Circuit Court&Comptroller— Monroe County, Florida DATE: October 23, 2020 TO: Stan Thompson, Budget/Contract Administrator Project Management FROM: Pamela G. Hancoc4c C SUBJECT: October 21"BOCC Meeting Attached is an electronic copy of the following item for your handling: CS 2'Amendment to Agreement for Pre-Construction Services with Ajax Building Company, LLC in the amount of$265,591.00 for the Emergency Operations Center to add the scope and cost of the DAV building demolition. Project is funded by FDOT, FDEM,and HMGP Grants. 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 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 SECOND AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND AJAX BUILDING COMPANY,LLC FOR THE FL KEYS MARATHON AIRPORT NON-AERONAUTICAL USE BUILDING This Second Amendment ("Amendment") to the Agreement dated April 15, 2020, is made and entered into this 21th day of October 2020,by and between Monroe County,a political subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West,FL 33040,its successors and assigns, hereinafter referred to as "County", and Ajax Building Company, LLC, 109 Commerce Boulevard, Oldsmar, FL 34677, its successors and assigns, hereinafter referred to as "Contractor". WHEREAS, the parties entered into an Agreement for the FL Keys Marathon Airport Non- Aeronautical Use Building Project ("Agreement") to perform all work ("Work") in connection with the management during the pre-construction phase of the FL Keys Marathon Airport Non- Aeronautical Use Building ("Project"), located in Monroe County,Florida; and WHEREAS, it has been determined that during the pre-construction phase of the Project, the demolition of the former Disabled American Veterans("DAV")building located at 7280 Overseas Highway, Marathon FL 33050 ("DAV Building") is necessary to allow for completion of the geotechnical survey and soil borings which are required inputs to the design of the new Emergency Operations Center("EOC")building foundation; and WHEREAS,the County desires to amend the Contractor's Agreement to add the scope and costs for the demolition of the DAV Building to the Agreement dated April 15, 2020. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Within the Agreement,the following Articles and paragraphs are amended as follows: a. A new Paragraph 2.3 shall be added to Article 2, Scope of Services,to read as follows: 2.3 The Contractor shall procure the services of a licensed and qualified demolition contractor to perform the demolition and abatement work on the former DAV building, located on the project site, including superintendent and management services. Demolition and abatement services shall be as described in the Ajax FL Keys Marathon Airport Non-Aeronautical Use Building: DAV Demolition&Abatement proposal dated September 25, 2020,the contents of which are incorporated herein by reference. b. For the Pre-Construction Phase Services described in Article 2,Paragraph 2.3, which have been added via this Amendment, the Owner shall pay and the Contractor shall receive 1 the additional not-to-exceed amount of Two Hundred Sixty-Five Thousand Five Hundred Ninety- One dollars and no cents($265,591.00). c. Therefore,Paragraph 4.1 within Article 4, Contract Sum, shall be revised in its entirety and replaced to read as follows: 4.1 For all Pre-Construction Phase Services, including but not limited to providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with Design Professional during the various design phases, and preparing cost estimates, the Owner shall pay and Construction Manager shall receive the not-to-exceed amount of Three Hundred Seventy-Five Thousand Five Hundred Ninety-One dollars and no cents ($375,591.00)as the total lump sum compensation for its services ("Base Contract Sum"). The Base Contract Sum shall be all inclusive and no additional amount for reimbursable expenses (including but not limited to, transportation,per diems,postage,photocopying,telephone)shall be allowed.Monthly installment payment of the Contract Sum shall be based on the percent completion of the designated portion of the he-Construction Services for each particular month and Owner's receipt of Contractor's written invoice for such payment. For the services defined Article 2, Paragraph 2.3, the procurement and management of demolition services,the Owner shall pay and Contractor shall receive the not-to-exceed amount of Two Hundred Sixty-Five Thousand Five Hundred Ninety-One dollars and no cents ($265,591.00) as the guaranteed maximum price (GMP) for the additional demolition services ("Additional Contract Amount"). The Contractor shall submit monthly payment applications and the Owner shall provide payment of approved payment applications as provided for in Paragraph 9 of the General Conditions to this Agreement. 2. AU of the above changes are made effective October 21,2020. 3. All other terms and conditions of the Agreement remain unchanged and in full force and effect. [The remainder of this page intentionally left blank.] Page 2 of 3 IN WITNESS WHEREOF, each party caused this Amendment to be executed by its duly ethorized representative. Execution by the Contractor must be by a person with authority to bind 4 ntity. ( ` �e n - L) BOARD OF COUNTY COMMISSIONERS r . : Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA tiy: By: //nn As Deputy Clerk ayor 6' d Date 't/t-• ill ''o 'a"' CONTRACTOR'S Witnesses Attest: CONTRACTOR: Ajax Building Company, LLC Contractor must provide two esses signatures /,' / Signature: .� � Signature: ora' Print Name: William Ime I Print Name: Micha-IA.Wilson Title: Presidentg �� Date: /0 's'ZoZO Date: I8 •S'202✓J and Signature: X3171A0 1 O Print Name: Karen Santiago IT. :_ --t Date: In-S-n� O He - c _r y • noT C.) O iJ a r n 0 cm o Approved as to form and content: Monroe County Attorneys Office 10/2/2020 I/'e arc Page 3 of 3 a�d `CERTIFICATE OF LIABILITY INSURANCE 'A"ro THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO MOMS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLJOEs BELOW. 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