1st Amendment 09/21/2011 FIRST AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES
FOR
WEST 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 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 Architect/Engineer (CONTRACT), funded by the Tourist Development Council (TDC), for
the West Martello Towers Masonry Restoration for a fee of $20,000 for the first phase of the restoration;
and
WHEREAS, on August 9, 2011, the TDC granted approval for additional funding of $100,000 for Stage
2 of the West Martello Tower Brick & Mortar Restoration for fiscal year 2012; and
WHEREAS, it is a legitimate public purpose to renovate and repair the historic West 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
restoration under this First Amendment to the West 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:
1. 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 1 documents to identify
work completed and identify work needed to be done by Contractor in Stage 2, draft the
contractors scope of work, assess current conditions and identify issues and conditions which may
have changed to become a higher priority. 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 ".
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 SEVEN
THOUSAND ONE HUNDRED and FORTY DOLLARS and 00 /100 ($7,140.00), billed monthly
ending the last day of each month. There shall be no reimbursable expenses associated with this
amendment."
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W. Martallo 1 Mend
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 WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated above.
(SgAL) BOARD OF COUNTY COMMISSIONERS
A t t e s t : D A N N Y L. KOILHAO, Clerk O F M O N R O E COUNTY, • ' I s A
C 7 - • BB C• By !- - r
Deputy'Clak hairman
Date: 9 � I ' W
WITNESS TO Architect's Signature: BENDER ' ' a • i ARCHITECTS, P.A.
B By: I,%
WITNESS Signature ignature of Corporate Agent
DER t(D
Print Witness Name Print Name of Corporate Agent
Date: Date: -� / �O t
STATE OF FLORIDA
COUNTY OF M o !! co e.
On this .�L k day of S¢ V itnt C20 It before me, the undersigned notary public, personally appeared
y
[, I nown to me to be the person whose now is m,haerihe d Ahnw. t who produced as
identification, and acknowledged that he/a`ris the person who executed the above contract with Monroe County, for the
Purpose herein contain
My commission expires:
Notary Public
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— Bonisdlla NI Fin Wan 800-385-7019
MONROE COUNTY ATTORNEY
A' - ROVED AS To F
NA ILEENE W. CASSEL
ASSISTANT OUNTY ATTORNEY
Date
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