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1st Amendment 12/20/2006 Clelf( OIl11e Circul Coun Danny L. Kolhage Office (305) 295.3130 Fax (305) 295-3663 Memorandum To: David S. Koppel, County Engineer Attn: Cheryl Ingraham Date: Tuesday, January 16, 2007 )J From: Isabel C. DeSantis, Deputy Clerk item: At the BOCC meeting on December 20, 2006 the Board approved the following First Amendment to Contract with Currie Sowards Aguila Architects to adjust the fee based on the approval of a Guaranteed Maximum Price (GMP) for the Murray E. Nelson Government and Cultural Center. Enclosed herewith is a duplicate original of the subject document for your handling. Should you have any questions concerning this matter, please do not hesitate to contact this office. Copies: Finance County Attorney File ./ FIRST AMENDMENT TO CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER THIS FIRST AMENDMENT (herein after "AMENDMENT") to the CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER ("CONTRACT") for the Murray E. Nelson Government and Cultural Center, entered into between MONROE COUNTY ("COUNTY") and Currie Sowards Aguila Architects,. ("ARCHITECT/ENGINEER") is made and entered into this 20th day of December 2006, in order to amend the CONTRACT, as follows: WITNESSETH WHEREAS, on the 18th day of May, 2005, the parties entered into a contract for the planning, design, contract documents, and construction administration services, for the construction of an Upper Keys Government Center; and WHEREAS, the approval of a Guaranteed Maximum Price as stated in Article 8.1.1 (A) of the original contract, allows for the establishment of a numerical fee based on a mutually agreed percentage, now therefore; IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: I. Paragraph 8.1.1 of the original contract dated May 18, 2005, shall be revised to reflect an estimated construction cost of $1 0,867,266.00, with the expectations of lowering the cost after value engineering, and a fee percentage of 9% to calculate the Architectural/Engineering fee. For purposes of this adjustment an even $10,000,000 estimated construction cost will be used to establish a fee of $900,000.00. A final adjustment will be made when construction is complete. Architect/Engineer agrees to absorb $35,350.00 for the cost of Value Engineering items and is proceeding with the revisions and will complete them at no charge to Monroe County. 2. The remaining terms of the CONTRACT, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated above. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 'V'lj '),1.1>1110:) 30llNOW 1Jl:lI:J 'jell:.J ::1811,-1',[':.: '1 ANN'VO 6S :Z Wd 91 NVr toOz OlJO:J:,W HO.:J 03113 Amend # 1 Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. Attest: DANNY L. KOLHAGE, CLERK By: ~l...1l c..&"~~ Deputy Clerk Date: \,kd,C-C)U BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA a By:~l}~ Mayor/Chairman (SEAL) ARCHITECT/ENGINEER Currie Sowards Aguila Architects Attest: ~ By: Print Name: ~ ~. A,6<'-" l.A... (~ By: ( Print Name: 'K'...e.....,'" ~E" Title: '-~".~ Date: 1"2.- <'2 - ClCo Title: 'Pll-e':='ICl.~ Date: ,-z./-z-z..j 01"0 Or: Witness I: Date: Print Name: Witness 2: DattMONROE COUNTY ATTORNEY APPHUVtU A? 10 JiiOAM. AN M. GRIMSLEY NT COUNTY ATTORNEY I L -c;11-O<;' Print Name: S ASStS Dale STATE OF FLORIDA COUNTY OF ",.~ ~ , On this '22. day of "[)e-c... .2006, before me, the undersigned notary public, personally appeared ~O_lZA'" E .-""&.... e:' J,~_ ....L.~,....,.." known to me to be the person whose name is subscribed above 61 ..h~ J!fO..lll"'''''d. Q<" ;~a...t,-r;f'~t;^... ~R8 ael:ns'''hAg",rI fl."t he/" is the person who executed the above Amendment with Monroe County for Architect/Engineering services for the Murray E. Nelson Government and Cultural Center for the purposes therei, 'c\1~"eA., , ~o...'7'" "",?-\'~.."~O.A" ~oa ..~ ....'\'.. \$SION-.-"l"'-.# -.~ '.\,".~'" ~1'...;..o:, Notary Public .. <'" ,,0 '1> " ij\ . - ..l" ~.. . . ~ . - V .. *" January 7 2011 . * .. I~~~S .. "-.-~.~.. \ .. ~.\ #D060748! ~.~_ Print Name -,~. .~'i, ~"",->:I'c-j.~.. My commission expires: 01- CJ1- 2,0 , \ , '9;.' :~..."'" ~ ~ '<",," , , :"/Eilc," s1~~ ~" " "'11' 2 Amend #1 CURRIE · SOWARDS · AGUILA. ARCHITECTS Robert G. Currie, AlA ," ..- .. "-,, Jess M. Sowards, AlA JOlIt 1'1. Aguila, AlA November 28, 2006 Mr. Jerry Barnet;t Monroe County 1100 Simonton Street;, Room 2-216 Key West, FL 33040 Re: Murray E. Nelson Government & Cultural Center Project No. 050301 Dear Jerry: A6 per your conver6ation this morning with Bob Currie, and In accordance with Article 8.1.1 of the Contract for Profe66ional Servlce6 between Monroe County Board of County CommissloMrrs and Currie Sowards Aguila Architect6, dated May 18. 2005. we are hereby documenting that an adju6tment to the fee for 6ervlce6 will accompany thi6 mOnth6 billing. A6 you may recall. during Contract negotiation6 we agreed on an a66umed con6truction amount of $8,200,000.00 for purpose6 of billing. The Contract provlde6 for an adju6tment of our fee at the 6ame percentage rate (9"1.) once the C06t of con6truction 16 determined. We now know that the Contract between Monroe County and AFCQ, the General Contractor, will be jU6t above Ten Million Dollar6. For pUrp06e6 of thi6 adju6tment we will a66ume an even Ten Million Dollarrs which when calculated at Nine percent will be a revi6ed fee amount of $900,000.00 plU6 direct expen6e6. Please advl6e U6 as to the proper procedure for adju6tlng the purcha6e order which currently 16 at $738,000.00 and 6hould be Increa6ed to $900,000.00. In addition, we have agreed to ab60rb the $35,350.00 C06t for the latest round of Value Engineering item6 and are proceeding with the revi610n6 at no charge to Monroe County. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS ~ J06e N. Aguila, AlA Principal Copy: Ann Reiger Filo 050301 "0 RHl!RI.Y ROBeR.T' Q. CURRIE. PART"BftSnJP, H'IC.. AlA rLORIDA FIR." or THe YIl-AR 2000 I ~4 norlhe..t rlrat Aven uc . D eJra)' BeaCh, rio_Ida "3 +44 . 561 .276.4951 . "all[: 561 -24".8' 84 . AAO 00 2:Z7 I www.currl..rc.corJI /// -'fr~~~ ~Y'::;-.,/ ~~;;J'