1st Amendment 09/21/2011FIRST AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES
FOR
EAST MARTELLO TOWERS MASONRY RESTORATION
THIS FIRST AMENDMENT is made and entered this 21" day of September, 2011, between MONROE
COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County'), and BENDER &
ASSOCIATES ARCHITECTS, P.A. (the "Architect") in order to amend the Contract between the parties
dated January 20, 2010 and as modified on May 19 1r ', 2010 as follows:
WHEREAS, On January 20, 2010, the BOCC approved a Continuing Contract with the Architect where
professional services are to be rendered for projects in which the estimated construction costs of each
individual project under contract does not exceed Two Million dollars ($2,000,000.00), or for a study
activity if the fee for professional services for each individual study does not exceed Two Hundred
Thousand Dollars ($200,000.00); and
WHEREAS, on May 19 2010, the BOCC approved a Contract for Professional Services Between
Owner and ArchiteWEngineer (CONTRACT), funded by the Tourist Development Council (TDC), for
the East Martello Towers Masonry Restoration for a fee of $20,000 for the first stage of the restoration;
and
WHEREAS, on August 9, 2011, the TDC granted approval for additional funding of $100,000 for Stage
2 of the East Martello Tower Brick & Mortar Restoration for fiscal year 2012;
WHEREAS, it is a legitimate public purpose to renovate and repair the historic East Martello Tower and
museum, in a historically accurate manner and
WHEREAS, Architect has the ability and desires to continue the CONTRACT and to accomplish further
restorations under this First Amendment to the East Martello Tower;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree
to amend the May 19, 2010, CONTRACT as follows:
Paragraph 5 Scope of Work shall be amended to add the following:
"5. Scope of Work for Stage 2 will include updating of Architect's Stage L documents to identify
work completed and identify work needed to be done by Contractor in Stage 2, draft the
contractors scope of work, identify the structural condition of the arched entrance of the North
Casemates adjacent to the restrooms, conduct field inspections, including some selective
demolition to determine the source of the structural problem, design corrective measures and
prepare construction documents. In the event that a structural engineer is required, the architect
will absorb his costs and fees. Architect will provide the contract administration services during
construction of stage 2 ".
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2. Paragraph 7 of the CONTRACT shall be amended to read:
"The cost of professional services for Stage 2 of the restoration shall be a total sum of NINE
THOUSAND DOLLARS and 00/100 ($9,000.00), billed monthly ending the last day of each
month. There shall be no reimbursable expenses associated with this amendment."
3. All terms and conditions of the continuing contract approved by the BOCC on January 20, 2010
and as Modified per the contract of May 19, 2010, not inconsistent herewith, shall remain in full
force and effect.
IN VV TNE,.W WHEItEq
Attest: DANNY'I.. )Ct J
Deputy Clerk
WPI'NESS TO Architect's Signature:
By:
WITNESS Sinature
Print Witness Name
Date:
parties hereto have executed this Amendment on the date stated above.
BOARD OF C fY MMISSIONERS
OF MONK
By: Y°�
Date:
BENDER & IATES IBTECTS, P.A.
By:
Si of Corporate Agent
�E� �3EN.7�le
i
Print Name of Corporate Agent
Date: A;W.11
STATE OF FLORIDA
COUNTY OF E
On d day of 20 before me, the w dersigned notary public, personally appesret;gC7
:R JkC ]mown to me to be the whose name is subscribed above or who Produced as
identification, and acicaowledged that heAr is person o ex the above contract with Monroe County,N the
urposss h con-
/ . My c ommissi on spin;
Notary Public
DAINA D. KATUBI - C3
fission # DD 957400 �'�
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MONROE COUNTY ATTORNEY
PROVED AS TO FARM:
NA ILEENE CASS L
ASSISTANT COUNTY ATTORNEY
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