5th Amendment 08/17/2011DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: August 24, 2011
TO: Judy Clarke, Engineering
Public Works Division
ATTN: Ann Riger
FROM: Isabel C. DeSantis, D. C.
At the August 17, 2011, Board of County Commissioner's meeting, the Board approved
the following:
Item C12 Fifth Amendment to Contract with William P. Horn Architect, P.A. for a
no cost time extension to the Higgs Beach Park Master Plan Phase lI by 98 days, from September
8, 2011 to December 15, 2011.
Enclosed is a fully- executed duplicate original of the above - mentioned for your handling.
Should you have any questions, please do not hesitate to contact our office,
cc: County Attorney
Finance
File
FIFTH AMENDMENT TO
CONTRACT BETWEEN OWNER AND ARCHITECT
THIS FIFTH AMENDMENT (herein after "AMENDMENT ") to the
CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER
( "CONTRACT ") for the Higgs Beach Park Master Plan, entered into :etwsen
MONROE COUNTY (the "Owner" or "County "), and WILLIAM P IK})'tN
ARCHITECT, P.A. ( "Architect/Engineer ") is made and entered into this 17" day of t
August, 2011, in order to amend the CONTRACT, as follows:
WITNESSETH
NO
WHEREAS, on the 16` day of December, 2009, the parties entered into a continuing
contract for projects in which the estimated construction costs of each 'indivt alo
project under the contract does not exceed Two Million Dollars ($2,000,000.00), or
for study activity if the fee for professional services for each individual study under
the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and
WHEREAS, on the 17` day of March, 2010, the parties entered into a contract for an
individual study for the purpose of developing a Higg's Beach Park Master Plan; and
WHEREAS, on the 15` day of December 2010, the parties agreed to a First
Amendment to Contract extending the contract time by ninety days (90 days), from
December 12, 2010 to March 12, 2011; and
WHEREAS, the Owner approved Phase I of the Master Plan at its public meeting on
January 19, 2011 and approved to proceed to Phase II of the Master Plan; and
WHEREAS, on the 16 day of February, 2011, the parties agreed to a Second
Amendment to Contract Extending the Contract time to proceed with Phase II by One
Hundred and Eighty Days (180 days) from March 12, 2011 to September 8, 2011; and
WHEREAS, on the 18` day of May, 2011, the parties agreed to Additional Services
in the amount of $3,382.50; and
WHEREAS, on the 15`' day of June, 2011, the parties agreed to have the
"Architect/Engineer" design a playground area for the beach side of Higgs Beach, and
in the best interest of the public to have the design and related matters be completed
by the Architect/Engineer who drafted the recently approved Master Plan. The parties
agreed to amend the original Agreement of March 17, 2010, to allow the
Architect/Engineer to design the beach side playground area of the Higgs Beach
project, which requires development of construction documents through construction
administration, for a total lump sum fee of $11,000.00; and
WHEREAS, in accordance to the Contract of March 17, 2010, an extension of time at
no additional cost to the Owner may be granted in the form of an Amendment to the
Contract; now therefore
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Page I of 2 Filth Amendment to the Horn/Higg's Beach Contract
IN CONSIDERATION of the mutual promises contained herein, the parties hereby
agree as follows:
1. The Architect/Engineer has requested an extension of the contract time to allow
him to meet with the Key West Planning Board in September 2011 or October 2011, and
to meet with the Key West City Commission in November 2011, or December 2011.
2. The parties agree that this extension shall be at no cost to the County.
3. The contract time for Phase II shall be extended by Ninety -Eight days (98
days) from September 8, 2011 to December 15, 2011.
4. 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
state. above.
Execution by the Architect/Engineer must be by a person with authority to bind the entity.
Attest;: 'DANNY I KOLHAGE, CLERK BOARD OF MV COMMISSIONERS
OF MO
Deputy Clerk By
Date.: -7 ayor hairman
(SEAL)
Attest:
By:
Print Name:
Title:
Date:
Or:
Witne /
Print ame•
D
Witness 2:
Print Name: A C-1,14 04
ARCHITECT/ENG ER
WILLIAM P. HO ARCHITECT P.A.
By: w it - --
Print Name: U-- A(I
Title: /N GlP L
Date: Z� f
MONROE COUNTY ATTORNEY
PPROVED A'Z FORM -
ATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date :2 — 7) 0 `11
STATE OF FLORIDA
COUNTY OF / &W-- °
On this c;19_ day of� ni , 2011, before me, the undersigned notary public, personally appeared _
,rh , kno to a to be the person whose name is subscribed above or who produced
�— as identification, and acknowledged that he /she is the person who executed the
above Amendment with Monroe County for Arc tect/Engineering services for the Higgs Beach Park
Master Plan for tl�e,purpo`, therein contained
Notary Public
Print Name soxnn
My commission expires:
i C "C: ! l: OF FLORIDA
David W. Gangwisch
Commissinn * EE032981
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THItII AT L: NTI C BONDING CO., INC.
Page 2 of 2 Fifth Amendment to the Horn/Higg's Beach Contract