2nd Amendment 07/18/2012DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: July 27, 2012
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contract Administrator
FROM: Pamela G. HancoJ-C.
At the July 18, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Item B24 Second Amendment to the Agreement with Contracting Specialists, Inc. SE (CSI)
for continuing the Brick & Mortar Restoration at the East Martello Tower. This project is fully
funded by the Tourist Development Council.
Item B25 Second Amendment to the Agreement with Contracting Specialists, Inc. SE (CSI)
for continuing the Brick & Mortar Restoration at the West Martello Tower. This project is fully
funded by the Tourist Development Council.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney
Finance
File,/
P°
SECOND AMENDMENT TO
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR BRICK AND MORTAR. RESTORATION AT THE
EAST MARTELLO TOWER, KEY WEST, FLORIDA
THIS SECOND AMENDMENT to the AGREEMENT BETWEEN OWNER AND
CONTRACTOR (hereinafter "AGREEMENT ") is made and entered this 18 day of July, 2012, 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, and as
Amended on September 21, 2011, as follows:
WHEREAS, the East Martello Tower is a National Register Historic site and museum servicing
the Florida Keys as a vivid reminder of days gone by and as continued attraction for residence and visitors
alike; 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, 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 East 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 County (TDC) approved additional
funding for the Contractor in the amount of $91,000.00, and $9,000.00 for the Architect, for the
continuation of the Restoration of Brick & Mortar at the East Martello Tower; and
WHEREAS, on September 21, 2011, the BOCC approved a FIRST AMENDMENT to the
AGREEMENT amending Article 2 Paragraph C of the original AGREEMENT eliminating additional
work to be billed by unit prices; amending Article 3.1 of the original AGREEMENT allowing One
Hundred Eighty (180) calendar days to achieve Substantial Completion for the additional work, and
amending Article 4 of the original AGREEMENT providing a Scope of Work for the Additional Work,
the funding for which was approved by the TDC on August 9, 2011, and establishing lump sum payment
prices for each portion of the Scope of Work; and
WHEREAS, on March 27, 2012, the TDC again approved additional funding (for the second
time) to the Contractor in the amount of $91,000.00 and $9,000.00 for the Architect, to continue the Brick
& Mortar Restoration at the East Martello Tower; the scope of work for this additional funding is set out
in paragraphs 1 through 3 below: and
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 Second Amendment to the AGREEMENT.
• 2. 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 Second 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."
3. Article 4 shall be amended to add the following Scope of Work for the Additional Work under
this Second Amendment as follows:
• Casemate battery south face, clean efflorescence $2,600.00
• Casemate battery west end north face, repoint/repair 17,500.00
• Casemate battery east end, east face 32,500.00
• West counterscarp casemates defoliate, repair /repoint/clean 16,250.00
• Northwest counterscarp bays each side of service entrance 7,500.00
• First bay east of Sally Port 1,100.00
Sub -total $77,450.00
• General Conditions, Overhead, Profit, Misc. Items 13,550.00
Total $91,000.00
4. All terms and conditions of the AGREEMENT dated February 16, 2011 and as approved on
September 21, 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 WITNESSED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE C UNTY FLORIDA
By 7 41- "~`o B
WITNESS: CONTRACTOR
1) Contracting Specialists, Inc. SE
Witness By: r 0 ° _ '°° '�
Print Name: AGM_
Print Name of Witness Title: e R ■ K L1 Q Al-- c
Address: Date: 6 - Z a ^ 12. , - ,„
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MONROE COUNTY ATTO NEY
PPROVED AS TO
L N G? sir W. / (
NA W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date 7 -- ` ` -' 7