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2nd Amendment 07/18/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 25, 2012 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contract Administrator FROM: Pamela G. Hance * D. C. At the July ib , 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item B21 Amendment #2 to the Agreement with Mailloux and Sons for the Lower Keys ADA Compliance Segment #2 project, to permit use of the Stock Island Fire Station Site for the Contractor' office until construction of the fire station starts. Item B22 Second Amendment to contract with Bender & Associates Architects, P.A. for Stage 3 of the East Martello Tower Masonry Restoration. This project is fully funded by the Tourist Development Council. Item B23 Second Amendment to contract with Bender & Associates Architects, P.A. for Stage 3 of the West Martello Tower Masonry Restoration. This project is fully funded by the Tourist Development Council. ✓Item B26 First Amendment to Contract with MBI/K2M Architecture, Inc. for the Design Concept and Cost Estimating for a General Aviation Facility Customs Terminal in the Existing Marathon Airport. Enclosed is a duplicate original of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. Please note: your item numbers B24 & B25 have been sent to Nat Cassel, Assistant County Attorney so that she can stamp and sign each one. Once she returns them to our office, they will be executed and a duplicate original of each will be sent to you. cc: County Attorney Finance File ✓ SECOND AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES FOR EAST MARTELLO TOWERS MASONRY RESTORATION THIS SECOND AMENDMENT is made and entered this 18 day of July, 2012, 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, as modified on May 19 2010, and as First Amended on September 21s 2011, 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 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 $81,000.00 for Construction, and $9,000.00 for Professional Services for Stage 2 of the East Martello Tower Brick & Mortar Restoration; and WHEREAS, Subsequent to TDC approval, on September 21, 2011 the BOCC approved a First Amendment to Contract with the Architect to continue with Stage 2 for a total sum of $9,000.00 for his professional services; and WHEREAS, on March 27, 2012 the TDC granted approval for additional funding of $81,000.00 for Construction and $9,000.00 for Professional Services for Stage 3 of the East Martello Tower Brick & Mortar Restoration; and 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, the Architect has the ability and desires to continue the CONTRACT and to accomplish further restorations under this Second 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 Amended on September 21, 2011 as follows: 1. Paragraph 5 Scope of Work shall be amended to add the following: "The Scope of Work for the remaining brick and mortar restoration shall be accomplished in stages as the financial ability for the restoration is secured. Stages 1 and 2 have been completed. • The scope of work for subsequent stages shall be identified by the County and transmitted to the Architect. This Second Amendment applies to Stage 3 and will include updating the Stage 2 documents to identify work completed during Stage 1 and Stage 2. Architect will identify Stage 3 base bid and alternate bid items in writing and submit them to County for determination and agreement from the County as to the amount of work to be completed in each stage. Architect will also identify various priorities to assist in establishing future work. Architect will provide Construction Administration services during construction." 2. Paragraph 7 of the CONTRACT shall be amended to read: "The cost of professional services for Stage 3 of the restoration shall be $3,200 for Design and Construction Documents, and $5,800 for Construction Administration, for a total of sum of NINE THOUSAND DOLLARS and 00 /100 ($9,000.00) billed monthly ending the last day of each month. Billing shall indicate the percentage of work completed in the monthly invoice, identifying the percentage complete for each Design and Construction Documents, and the Construction Administration Phases. 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, and as First Amended on September 21, 2011, 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. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE CO TY F WDA By:�J By: Deputy Clerk Ma Chairman Date: IJ 2 'e i Z WITNESS TO Architect's Signature: BENDER & ASSOCI TES ARCHITECTS, P.A. � 4 By: .! �, - ��: �v I By: _ op �' WITNESS Signature Signature of Corporate Agent 1 4— c J� vs/..i7; e_ Print Witness Name Print Name of Corporate Agent l Date: 7/00/ z_ Date: 7/0 i7 t ' MONROE COUNTY ATTORNEY o 66 " AS TO FO •cC NATILEENE W. CA SEL to ASSISTANT COUNTY ATTORNEY ' ate 1