3rd 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/
THIRD AMENDMENT TO
CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS THIRD 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 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
Architectural/Engineering 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, and the Second Amendment
increasing the fee by $78,647.33, from $900,000.00 to $978,647.33 is presented to the
Monroe County BOCC at their May 20, 2009 meeting; and
WHEREAS, the Architect/Engineer requests, in accordance with the original contract
dated May 18, 2005 article 3.5.2, that additional services are earned because of
significant changes in the project that occurred including, but not limited to, size quality,
complexity, the Owner's schedule, or the method of bidding or negotiating and
contracting for construction; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
1. The Architect/Engineer as part of additional services shall receive a sum of
$55,975.50 for 485 additional staffhours due to approximately 250 days of delay of
construction.
2. The Architect/Engineer agrees that he shall not seek any further compensation of
any nature whatsoever relating to the Murray E. Nelson Government and Cultural Center
and paYment under this amendment shall constitute the final paYment for all services
related to this project.
Amend #3
3. 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.
Execution by the Contractor must be by a person with authority to bind the entity.
RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
BOARD OF COUNTY
COMMISSIONERS OF MONROE
CO~TY, FLORID1\^ ...L.....
By~~ ~. 4 )~,e.(J ,.
Mayor/Chairman
(SEAL)
ARCHITECT/ENGINEER
Currie Sowards Aguila Architects
Attest:
By:
BY:~
Print Name: (~,; A':)/.. \ "-
Title: P ~~ L, - ~.c..- \
Print Name:
Title:
Date:
Or:
Witness 1:
Date:
t'l\lU-1 L, 'l.c C> c,
\ J
Print Name:
MONROE COUNTY ATTORNEY
APPROVED AS TO F RM:
Witness 2:
Print Name:
ST ATE OF FLORIDA
COUNTY OF P~LM BEkt-l
On this ~ T4+ day of MAY ,2009, before me, the undersigned notary public, personally appe~_
'-,~ MutLA, known to me to be the person whose name is subscribed above or who produced_
as identification, and acknowledged that he/she is the person who emutq!;he ::g
above Amendment with Monroe County for Architect/Engineering services for the Murray E. 1ij].son:t> ~
Government and Cui ral Center for the purposes therein contained. ::'0 P ~ e
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Amend #3
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