1st Amendment 02/21/2007
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE:
March 9, 2007
TO:
Dave Koppel, County Engineer
Engineering Division
ATTN:
FROM:
Ann Riger
Facilities Development
Pamela G. Hanco~
Deputy Clerk . CY
At the February 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
First Amendment to Agreement between Monroe County and Coastal Marine
Construction, Inc. for repairs to five Card Sound Road Bridges to clarifY date of commencement
of contract.
Contract for Professional Services between Monroe County and Clemons, Rutherford &
Associates, Inc. for the planning, design, and Construction Administration services for the
renovations to, or the replacement of, the Judge Jefferson B. Browne Courtroom Complex.
/ Amendment to Contract for Architectural Services between Monroe County and Matthew
Fowler, Architect & Thomas Timmins, P.E. for Architectural services for the renovation of the
Tavernier Fire Station.
Enclosed is a duplicate original of each of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File l
AMENDMENT TO CONTRACT FOR ARCHITECTURAL SERVICES
BETEWEEN OWNER AND ARCHITECT
This AMENDMENT is made this 21" day of February, 2007, by and between the
Board of County Commissioners of Monroe County, Florida, a political subdivision of
the State of Florida (hereinafter, "County"), and Matthew Fowler, Architect and Thomas
Timmins, P.E. (hereinafter, "Architect") (collectively, "Parties").
WITNESSETH
\VHEREAS, Parties entered into a contract on March 20, 2002 ("March 20002
Agreemlmt"), whereby Architect agreed to provide architectural services to County for
construction projects to be designated subsequently; and
'VHEREAS, in a letter signed by both Parties dated November 19, 2002, County
hired Architect to provide architectural services for the renovation ofthe Tavernier Fire
Station ("November 2002 Agreement"); and
WHEREAS, due to delays in the construction of the building for which
Architec:t's drawings, specifications and other documents are being utilized, it is
necesSaIY to revive the contract, which purports on its face to have expired, since the
County did not previously actively renew the agreement; and
WHEREAS, the County finds it is in the public interest to complete the
constru(:tion with Architect and therefore finds it desirable to revive and extend the
contract, retroactive to the date on which it expired; and
WHEREAS, the parties expressly intended the contract to be a continuing
contract as that term is defined in section 287.055(2)(g), Florida Statutes.
NOW THEREFORE, in consideration of the mutual promises and considerations,
the parties agree to amend the agreements as follows:
1. Page 1, paragraph 4 of the March 2002 Agreement is amended to read as
follows: "The architectural services required by this Contract are to be rendered for small
projects consisting of remodeling, roofing, ADA compliance, or renovations of building
and othl:!" capital improvements, in which construction costs do not exceed $1,000,000."
2. Page 1, paragraph 5 of the March 2002 Agreement is deleted and replaced
as follows: "This contract will continue until terminated by the parties in accordance
with the: provisions set forth in Article XIV, Termination."
3. Exhibit B to the March 2002 Agreement, a letter from Matthew Fowler
dated March 7, 2002, is deleted and replaced with a letter from Matthew Fowler to Ann
Riger of Monroe County Facilities Development dated January 8,2007, a copy of which
is attached hereto as Exhibit A.
4. The second sentence of the second paragraph of the November 2002
Agreement is amended to read as follows: "As a group C project, you will receive a
7.9"10 fhll service architecturaVengineering fee multiplied by a construction estimate of
1
$984,458.00, resulting in a final fee of $77, 772.18, less fees previously paid on this
project prior to this date."
5. All other terms and conditions of the March 2002 and November 2002
Agreemcmts remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
date first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
~AW~
Mario Di Gennaro, Mayor
Date:
FED 2 1 2e07
:~:~u~XUNTYCLERK
DeputyZerk
ARCmTECT
MATTHEW FOWLER, ARCmTECT
BY: ~~~ ~
~tthew Fowler, Architect
Date: t.. , VI
THOMAS TIMMINS, P.E.
Date-.. .
BY:
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Exhibit IIA"
MaUbew Fowler, Architect
Thomas M. Timmins, P.E.
Matthew Fowler, Architect
Thomas M. Timmins, P.R.
v mco 30'-872-4828
30'-872-4060
Facsimile 30S...s72Ml170
21 Ship's Way
Bi8 Pine Key, FL 33043
E-mail
rnf;"mk'farch'ij;hel1ll0Hlh nd
timminsengrllC@beUsouth..net
Florida Stale # AR15067
Florida Stale # PE45406
~\\
JlIIUIlU'y 8, 2007
Facilities Development
Monroe County
1100 Simonton Street
Key West, FL 33040
Ann: Ann Riger
Re: l'ee Schedule
Request fur Professional Services
Design, Contract Documents, and Projeet Administration
Dear Ms. Riger,
As per your request, our fixed hourly rates are as fu11ows:
Matthew Fowler, Architect
$130.00Ih0ur
Thomas M. Timmins, P.E.
$ 130.00Ih0ur
If you have any questions, please do not hesitate to contact us.
Sincerely,
~~~N~
Matthew Fowler
j01~
Thomas M. Timmins
FROM : TIMMINS ENGR LLC
,
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