1st Amendment 05/16/2012FIRST AMENDMENT TO
CONTRACT BETWEEN OWNER AND CONTRACTOR
THIS FIRST AMENDMENT (herein after "AMENDMENT ") to the CONTRACT
BETWEEN MONROE COUNTY (COUNTY "), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and the SUGARLOAF KEY
VOLUNTEER FIRE DEPARTMENT, INC. ( "SUGARLOAF "), a Florida Corporation, whose
address is 17175 Overseas Highway, Sugarloaf Key, Florida 33042, is made and entered into this
16` day of May, 2012, in order to amend the Agreement, as follows:
WITNESSETH
WHEREAS, on the 19` day of January, 2012, the parties entered into an Agreement for the
COUNTY to contribute funds in the amount of One Hundred Fifty Thousand Dollars and 00 /100
($150,000.00) to SUGARLOAF for the repairs of the Sugarloaf Fire Station in order to continue
operating as a viable fire station; and
WHEREAS, the Conditions of Funding and Payments to SUGARLOAF by the COUNTY as
written in the original Agreement of January 19, 2012 are ambiguous and in need of clarification;
now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
Section 4 of the January 19, 2012 Agreement shall be revised as follows:
A. SUGARLOAF shall submit to COUNTY the original invoices with supporting
documentation such as an Application to Payment from the Contractor, and a copy of
the payment document made payable to the Contractor. The COUNTY shall
reimburse the progress payments that SUGARLOAF has made to its contractors.
B. The period covered by each original invoice, referenced above, shall indicate the
period covered on the Contractor's Application for Payment:
1) Reimbursement will be made by the COUNTY based upon the percentage of
completion or work by the Contractor. The parties agree that the COUNTY shall
retain the sum of Fifteen Thousand Dollars ($15,000.00) out of the contract sum
which shall constitute the final payment reimbursement to be paid after the work
is completed pursuant to the Agreement.
2) Each original invoice from SUGARLOAF shall be based upon the Schedule of
Values submitted by the Contractor to SUGARLOAF and approved by Project
Management. The Schedule of Values shall allocate the entire Contractor Sum
among the various portions of the Work and be prepared in such form and
supported by such data to substantiate its accuracy as the Director of Project
Management may require.
3) This schedule, unless objected to by the Director of Project Management, shall be
used as a basis for reviewing the original invoice from SUGARLOAF, and the
Contractor's Application for Payment.
Sugarloaf Fire Station Repairs
e f .. , ,
4) The Contractor's Application for Payment to SUGARLOAF shall indicate the
percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment and approved by Project Management.
5) Subject to the provisions of the Agreement, the amount of each progress payment
shall be based on the percentage of completion as determined by Project
Management and computed as follows:
Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the
Work by the share of the total Contract sum allocated to that portion of the Work
in the Schedule of Values, subtract the aggregate of previous payments
previously made by SUGARLOAF, subtract amounts, if any, for which the
Director of Project management has withheld or nullified an Application for
Payment, and subtract the amount retained.
6) COUNTY shall not be required to make reimbursements until such time as
'
Project Management, or its designee, has inspected the re
� -- '�:- -' - J g g Pe airs and found them P
CD <T _ acceptable to the COUNTY, however, partial payments may be made for any
w - portion that is completed and approved.
C-- co C. COUNTY will send a copy of the original invoice and accompanying documentation
�- to the Clerk for disbursement. Acceptability for payment by the Clerk is based on
G X: _ - generally accepted accounting principles and such laws, rules and regulations as may
_ ry *,overn the Clerk's disbursal of funds.
D. COUNTY shall not be responsible for unforeseen expenses, costs, fees, additional
work or any other compensation over the amount stated above as the contract sum,
including and not limited to any expenses for travel, lodging, per diem or any other
expenses.
2. The remaining terms of the Agreement dated January 19` 2012 shall remain in full force
and effect.
ITNESS WHEREOF, each party caused this Amendment to be executed by its duly
atlt Yed representative on the day and year first above written.
Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERSZ
By.
eputy Clerk
WITNESS FOR SUGARLOAF
r By:
Print it ess Name
Date: r 2
OF MONRO N � FLO O CE
a:l
H
By: Q O
Mayor airman >- H co
D Q
SU O U j
W O
By: o.
Signature of person authorized to legally ZO Q
Bind Corporation
/�� L
Pr' t Name
Date: SZ Z ( L
�—
T�AQD
2
r
w
.� Z
wir
0 0
QQ
0
Z
w :)
Z
O
UJ w z
J
Q r 1
Z FD
V m
0
Sugarloaf Fire Station Repairs