2nd Amendment 07/18/2012DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: July 25, 2012
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contract Administrator
FROM: Pamela G. Hanc c D.C.
At the July 1 b, 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 MBVK2M 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
WEST 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 21 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 stage of the restoration;
and
WHEREAS, on August 9, 2011 the TDC granted approval for additional funding of $92,860.00 for
Construction, and $7,140.00 for Professional Services for Stage 2 of the West 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 $7,140.00 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 West Martello Tower Brick &
Mortar Restoration; 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, the Architect has the ability and desires to continue the CONTRACT and to accomplish
further restorations under this Second 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 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 planning 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 $4,000 for Design and
Construction Documents, and $5,000 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 COI Y F RIDA
6 /
By. - By
Deputy Clerk Mayor /Chairman
Date: f, 2 - ` "
1
WITNESS TO Architect's Signature: BENDE' jASSOCIATES ' • HITECTS, P.A.
By: 1 a , ,t. By:
,, WITNESS Signature // /- Sig; re of Corporate Agent
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Print Witness Name Print Name of Corporate Agent
y ji Date: 1 2- Date: 7 Z CP/Z.
to MONROE COUNTY ATTOR Y
PROVED AS TO FO A
cy ` NATILEENE W. CA SEL
Lf) ASSISTANT COUNTY ATTORNEY
tL " Date 7- •
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