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2nd Amendment 05/20/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: June 3, 2009 TO: Jerry Barnett Project Management A TTN: FROM: Ann Riger Pamela G. Hac:Jif;:.c. At the May 20, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Third Amendment to Contract between Monroe County and Currie Sowards Aguila Architects for Architect/Engineering Services at the Murray E. Nelson Government and Cultural Center. Second Amendment to Contract between Monroe County and Currie Sowards Aguila Architects for Architect/Engineering services at the Murray E. Nelson Government and Cultural Center Enclosed is a copy 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/ Ie ~ 'V ~ ft'.:n c <::::) ~ c=;) o ~ C"'-J U f . III ~ e ~ c o. I-: a:::: ~: iU a.... ~<( t.. ( SECOND AMENDMENT TO CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER :> ctl ~C:. i W l ~: ". w Wu ~W =0:' TIDS SECOND AMENDMENT (herein after "AMENDMENT") to the CONTRACT BETWEEN OWNER AND ARCHITECTIENGINEER ("CONTRACT') for the Murray E. Nelson Government and Cultural Center, entered into between MONROE COUNTY ("COUNTY") and Currie Sowards Aguila Architects,. ("ARCmTECT/ENGINEER") is made and entered into this 20th day of May 2009, 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, on the 20th day of December, 2006, the parties agreed to a First Amendment to Contract reflecting a revised Paragraph 8.1.1 of the original contract dated May 18, 2005, to reflect an estimated construction cost to $10,867,266.00, with the expectations of lowering the cost after value engineering, and a fee percentage of 9% to calculate the ArchitecturallEngineering fee. An even $10,000,000.00 estimated construction cost was used to establish a fee of $900,000.00, and a final adjustment would be made when construction is complete; and WHEREAS, the construction of Murray E. Nelson Government and Cultural Center is complete with a final construction cost of$10,873,859.23; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: I. In accordance to Paragraph 8.1.1 of the original contract dated May 18, 2005, and as revised on December 20, 2006, the ArchitectlEngineering fee shall be adjusted by 9"10 of the final construction cost of$10,873,859.23 for a total fee of$978,647.33. This amendment hereby increases the Architect/Engineer fee by $78,647.33, from $900,000.00 to $978,647.33. 2. The remaining terms of the CONTRACT, not inconsistent herewith, shaH remain in fuIl 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 I Amend #2 MONROE COUNTY ATTORNEY APPROVED AS TO FO~: /7 ?I.e&~,~V~ STATE OF FLORIDA NATILEENE W. C.A.SSEL COUNTY OF Palm Beach ASSISTANT COUNTY ATTORNEY On this 23rd day of April. 2009, before me, the undersignedAMEar) IH:lhlie, P'-l fl-:al~ rp~t:~3- Robert G. Currie , known to me to be the person whose name is subscribed above and acknowledged that 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 ~erein co.ntained. ~_ "-~ """ ~'"HL~''' 3: Notary Public .. ~ ~. . . .'.I:~ ~ ~ ~ ~ · ~ COMMIS~ · A' .:~ ("") ---.... ... 1IlL · ~ 101-. . v" :.<) r- :;; ... T. J.. (.' . y -- C) PI '"'":; _ 4? · ql}. ~ . ~.. i'"Ti:::?.:J-~ O.~ ~v~ - _ -~r- - -f.~ ~_ ,'Y ;> ~ · - "-". - ~ . ~ 4<O^ II, <0 (I). en -. ("") ;:;: --",/.. ~ t.. v6'O._ ............. 77 · .. - 0 -.- i.~~':~8S ,~....... ~~~~ '~.~800.38':).1~ .<'\.'?- ~ :-<~):> ; ~'.(\,; . . . . ~'-1 , . , , "l.41lt Of f\.~ ,~ .:~ ~ ,.,.." r :Execution by the Contractor must be by a person with authority to bind the entity. URE OF THE PERSON EXECUTING THE DOCUMENT MUST BE AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. BOARD OF COUNTY COMMISSIONERS OF MONROE COUN1Y' FLORIDA ~ J..... By: p.&.,~~c 0 J~,e.{J ~ Mayor/Chairman MAY 2 0 2009 (SEAL) ARCHITECT /ENGINEER curr~ila Arc~itects By: ~ Print Name: Robert G, Currie, FAIA Attest: By: Title: Secretary Title: President Date: April 23, 2009 Date: April 23, 2009 Or: Witness 1: ~ Date: April 23, 2009 Print Name: Lauren Jennings Wimess ~Id tzr Print Name: Jennifer Whitley Date: April 23, 2009 Kathleen Davis Print Name My commission expires: January 7, 2011 2 Amend #2 S:: c::t 'loG <- ~ I Cot) -., - r- "" o " o :::0 :::0 ", ("") <:) :::0 o ~ :z a - N N