1st Amendment 09/21/2011 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 12, 2011
TO: Jerry Barnett, Director
Project Management w'1�
FROM: Isabel C. DeSantis, D.C. : (;
At September 21 2011, Board of County Commissioner's meeting the Board granted
approval of the following:
Item C 11 First Amendment to the Agreement with Contracting Specialists, Inc. SE
(CSI) for continuing the Brick & Mortar Restoration at the East Martello Towers.
Item C12 First Amendment to the Agreement with Contracting Specialists, Inc. SE
(CSI) for continuing the Brick& Mortar Restoration at the West Martello Towers.
Attached are fully executed copies 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
FIRST AMENDMENT TO
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR BRICK AND MORTAR RESTORATION AT THE
WEST MARTELLO TOWER, KEY WEST, FLORIDA
THIS FIRST AMENDMENT to the AGREEMENT BETWEEN OWNER AND CONTRACTOR
( hereinafter "AGREEMENT ") is made and entered this 21' day of September, 2011, between MONROE
COUNTY (the "Owner" or "County"), and CONTRACTING SPECIALISTS, INC. SE (the "Contractor")
in order to amend the Agreement between the parties dated February 16, 2011 as follows:
WHEREAS, The West Martello Tower is a National Register Historic site and museum serving
the Florida Keys as a vivid reminder of days gone by and as continued attraction for residents and visitors
alike; and
WHEREAS, on February 16, 2011, the BOCC approved an AGREEMENT between Monroe
County and Contracting Specialist, Inc. SE for the Brick and Mortar Restoration at the West Martello
Towers for a not to exceed price of $80,000; and
WHEREAS, at Article 2 paragraph C, of the AGREEMENT, it is anticipated that in the event of
future funding an award for additional work may be made at the discretion of the Owner; and
WHEREAS, on August 9, 2011, the Tourist Development Council (TDC) approved $100,000
additional funding for continuation of the Restoration of Brick & Mortar at the West Martello Towers;
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, Contracting Specialist, Inc. SE has the ability and desires to continue the
AGREEMENT and to accomplish further repairs 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 AGREEMENT as follows:
1. The Contractor agrees to continue the Brick & Mortar Restoration under the scope of work and
prices set forth below in this First Amendment to the AGREEMENT.
2. Article 2 Paraaranh C shall be amended to read as follows:
"C. This project is funded by the Tourist Development Council
IN THE EVENT MONROE COUNTY IS AWARDED FUNDING FOR FUTURE BRICK
& MORTAR RESTORATION AT THE WEST MARTELLO TOWER AND MUSEUM
DURING THE COURSE OF THIS CONTRACT AN AWARD TO THE CONTRACTOR FOR
ADDITIONAL WORK MAY BE MADE AT THE DISCRETION OF THE OWNER.
11Page
3. ARTICLE 3.1 shall be amended to add the following sentence at the end of the section, the
remainder of the Article 3 shall remain unchanged and shall apply to the contractor as if fully set forth
herein:
"The Contractor shall achieve Substantial Completion of the additional work described in this
First Amendment, not later than One Hundred Eighty (180) calendar days after the date of
commencement or issuance of a Notice to Proceed on the Additional Work."
4. ARTICLE 4 shall be amended to add the following section:
"4.4 The Scope of Work for the Additional Work under this First Amendment and the lump
rn sum payment for each portion of the scope of work shall be as follows:
to ' -West Southwest Beach Area Wall $16,282.00
0
-East Southeast Beach Area Wall 16,792.00
- Reconstruction of East Counterscarp 46.400.00
Sub -total $79,474.00
Lx_ — - General Conditions & Miscellaneous items 13.386.00
Total $92,860.00
cp
IW c 5.All tuns and conditions of the Agreement dated February 16, 2011, not inconsistent herewith,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and Seals on the day first written above.
Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON
EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF
THE ENTITY.
MAP BOARD OF a i r C 0 MMISSIONERS
• D ,. . KOLHA E, g,ERK OF MONR (' ORIDA
C . � A 0:\Z,' O By
Deputy Clerk r /Chairman
CO
•
NTRACTOR
I) 1) T gStt,� Contracting S i • C ; . Inc., SE
Witness 1 By: � I
$'C�Vt✓ �t rVS G l Print Name: WO - i 101..11'
Print Name for Witness 1 Title: CR (NC eta--
Date: 9.- tV- - Date: - 4 - 1 1
STATE OF FLORIDA
C UNTYQF 1) a
• this ) day of SQ, bt/ , 20 14 before me, the undersigned notary public, personally appeared
known to me to be the person whose name is subscribed above or who produced as
i, !.1, : i„ and acknowledged that he/she is the person who executed the above contract with Monroe County, for the
.:; • ..,r.� �- X13
/MAW My commission expir+es:.� Mlo3f 12,
N. . '' TERRI LARO( MONR COUNTY ATTORNEY
'" , MY COMMISSION Ik DD 911683
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� ; _ EXPIRES: September 12.2013 AP O V E l T OAR
2 1 P d g @ �'� fl� eonded Ttuu Nptaty Public u ndenrtiteis /
ATI EENE w. CASSEL
SSISTANT CO oNTY ATTORNEY
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