3rd Amendment 12/08/2021 _4J�counre`�1
; 4 Kevin Madok, CPA
............... Clerk of the Circuit Court& Comptroller—Monroe County, Florida
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DATE: December 15, 2021
TO: Breanne Erickson, Contract/Budget Administrator
Project Management
Stan Thompson, Contract Administrator
Project Management
, l
FROM: Pamela G. Hanco .C.
SUBJECT: December 8th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C16 3rd Amendment to the Agreement for Pre-Construction Services with Ajax
Building Company, LLC in the amount of$55,000.00 for the Emergency Operations Center to
add the costs of an extended pre-construction period. The revised total contract amount is
$430,591.00; the project is funded by the Florida Department of Transportation, Florida
Department of Emergency Management, and Hazard Mitigation Grant Program 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
THIRD AMENDMENT TO AGREEMENT BETWEEN
MONROE COUNTY AND
AJAX BUILDING COMPANY,LLC
FOR THE FL KEYS MARATHON AIRPORT NON-AERONAUTICAL USE BUILDING
This Third Amendment ("Amendment') dated December 8, 2021 to the Agreement dated April
15, 2020 ("Agreement") is made and entered 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." The County and Contractor are collectively referred to as "Parties."
WHEREAS, on April 15,2020, 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, the Agreement was based on the selection of the Contractor following the
Contractor's proposal ("Proposal") for prices and services during the pre-construction phase for
the Project submitted in response to a Request for Proposals issued by the County; and
WHEREAS,the price submitted by the Contractor in its Proposal was predicated on a construction
budget of$22 million and a 12-month duration of the pre-construction phase; and
WHEREAS, the duration of the pre-construction phase was extended and will continue until
Notice to Proceed on the construction phase is issued(currently expected in January 2022); and
WHEREAS, on October 14, 2021, the Contractor delivered a proposal for a Guaranteed
Maximum Price for the Project based on the designs generated by the architect/designer ADG,
Inc.; and
WHEREAS, the Contractor has claimed and documented additional costs in the amount of
$101,782.00 as a result of delay caused by the extended pre-construction time schedule as well as
multiple revisions to the construction documents; and
WHEREAS,the Parties agree that Ajax should be compensated for the additional costs, but also
agree that the additional costs should be limited to fifty-five thousand dollars ($55,000.00) per
Paragraph 3.5 of the Agreement.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
hereby agree as follows:
1. Within the Agreement, Paragraph 4.1 within Article 4, Contract Sum, shall be revised in
its entirety and replaced to read as follows:
1
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 Four Hundred Thirty Thousand Five Hundred Ninety-
One dollars and no cents ($430,591.00) 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 Pre-Construction Services for each particular month and
Owner's receipt of Contractor's written invoice for such payment. The Base Contract
Sum is inclusive of(a) the initial amount specified in the Proposal; (b) an additional
Two Hundred Sixty-Five Thousand Five Hundred Ninety-One dollars and no cents
($265,591.00)approved in the Second Amendment for demolition services;and(c) an
additional Fifty-Five Thousand Dollars and no cents ($55,000.00) approved in this
Third Amendment for delay and additional costs during the pre-construction phase.
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. All other terms and conditions of the Agreement remain unchanged and in full force and
effect.
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�; �.4 SS WHEREOF, each party caused this Amendment to be executed by its duly
�� ,� ` i, resentative. Execution by the Contractor must be by a person with authority to bind
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614(,i - 0 BOARD OF COUNTY COMMISSIONERS
Madok, Clerk OF MONROE COUNTY,FLORIDA
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BY � By:
As Deputy Clerk Mayor
DateGe4v/4L �1 20 2
CONTRACTOR'S Witnesses Attest: CONTRACTOR: Ajax Building Company,
LLC
Contractor must ovide two witnesses
signatures Signature:
Signature: Print Name: William P.
Print Name: Karen Santiago Title: President
Date: 11/19/21 Date: 11/19/21
and `
Si ature e' 4,1-'°-)
Print Name: Sandra Hughes
Date: 11/19/21
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Approved as to form and content: :—
Monroe County Attorney's Office = r
erg;t, gle -Ti
11-19-2021
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