3rd Amendment 02/20/2013AMY HEA VILIN
CLERK OF THE CIRCUIT COURT
DATE: February 27, 2013
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
FROM: Pamela G. Hanco��kc
At the February 20, 2013, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Item C 18 Third amendment to Contract with Bender & Associates Architects, P.A. for
Stage 4 of the East Martello Tower Masonry Restoration. This project is fully funded through
the Monroe County Tourist Development Council.
Item C 19 Third amendment to Contract with Bender & Associates Architects, P.A. for
Stage 4 of the West Martello Tower Masonry Restoration. This project is fully funded through
the Monroe County Tourist Development Council.
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.
cc: County Attorney
Finance
File ✓
THIRD AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES
FOR
EAST MARTELLO TOWERS MASONRY RESTORATION
THIS THIRD AMENDMENT is made and entered this 201h day of February, 2013, 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`h, 2010, as First Amended on September 21" 2011, and as
Second Amended on July 18`h 2012, 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`h, 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 $100,000.00 for
Construction and 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 $100,000.00 for
Construction and Professional Services for Stage 3 of the East Martello Tower Brick & Mortar
Restoration; and
WHEREAS, subsequent to TDC approval, on July 18, 2012, the BOCC approved a Second Amendment
to Contract with the Architect to continue with Stage 3 for a total sum of $9,000.00 for his professional
services; and
WHEREAS, on July 31, 2012 the TDC granted approval for additional funding of $100,000.00 for
Construction and for Professional Services for Stage 4 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 Third 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 and July 18, 2012, 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 land 2 have been completed,
and Stage 3 in progress. The scope of work for subsequent stages shall be identified by the
County and transmitted to the Architect. This Third Amendment applies to Stage 4 and will
include updating the Stage 3 documents to identify work completed during Stage 1, Stage 2, and
Stage 3. Architect will identify Stage 4 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 4 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."
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� 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, as First Amended on September 21, 2011, and
mas Second Amended on July 18, 2012, not inconsistent herewith, shall remain in full force and
W effect-
CUN *YNESS 6EREOF, the parties hereto have executed this Amendment on the date stated aboveo >
(SEAL) AMY HEAYILIN, Clerk N Z
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CITY OF KEY WEST, FLORIDA
Business Tax Receipt
This Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Key West, Florida 33040 (305) 809-3955
Business Name BENDER & ASSOCIATES ECTS Ct1Nbr: 0001702
Location Addr 410 ANGELA ST
Lic NBR/Class 13-00009562 SERVICE - PROFESSIONAL
Issue Date: October 04,. 2012 .Expiratiqg Date: eptember 30, 2013
License Fee $309. 750. --5:.':-..7:,-,_ `
Add. Charges $0 . 00 — .:. — — _
Penalty $0 . 00 �{r' _ -��� .
Total $309. 75 ) ' 7.' ?\ �11 _ ___' •
Comments: ARCHITECT '\ t /
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This document must be prominently displayed.
Nt, ) IV_ v" BENDER, BERT
BENDER & ASSOCIATES ARCHITECTS ' !- ��Un•D; U 1KIR Type: OC Drawer: 1
t --i �� , e: 10/ti/1a 54 Receint no: 2199
410 ANGELA ST + �� �� �,,\�Q,
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�"•."••" I 111Cl'K 109:D.9 $309.75
1r,;nr. bate: 10/t 5/1P Tile: 10:30:39
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> MONROE COUNTY BUSINESS TAX RECEIPT j
K EXPIRES SEPTEMBER 30, 2013 :.
Y. RECEIPT# 46110-63601 ..K
K Business Name: BENDER&ASSOCIATES ARCHITECTS PA ;<
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K Owner Name: BERT BENDER Business Location: 410 ANGELA ST I =Y
K Mailing Address: 410 ANGELA ST KEY WEST, FL 33040 i ;X
KEY WEST, FL 33040 Business Phone: 305-296-1347
K Business Type: PROFESSIONALS (ARCHITECT #AR001108Z1
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K STATE LICENSE: AR0011082 j ;ti
For VendinKg Business Only ,.<
K Number of Machines: Vending Type:
y, Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid ;<
30.00 0.00 30.00 ; 0.00 0.00 0.00 30.00 j _`
Paid 124-12-00000002 10/01 /2012 0. 0 1 . t �./
>: Effective Date 09/28/2012
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. ;,
K 1 WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL :t
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS. •
THIS DOCUMENT HAS A COLORED BACKGROUND•MICROPRINTING•LINEMARK'PATENTED PAPER
AC# 7 0 8 9 31 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ#L12121900717
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DATE BATCH NUMBER LICENSE NBR ...0' IRAs-- ai,
12/19/2012 128165374 AR0011082 ' ': '..' __ %,
The ARCHITECT .«I `"
Named below IS LICENSED * I
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Under the provisions of Chapter 481 FS {" st'':EsS'
Expiration date: FEB 28, 2015 ," ":7,;":::. '!OCF17
V.:j!iks'".- % -7-: ' --:771:1&
BENDER, BERT LESLIE : . MI6 •" ,.''. ',
410 ANGELA ST , ,j•.' s
KEY WEST FL 33040 .7 r( 7�'�4� <ss,
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RICK SCOTT KEN LAWSON
GOVERNOR
SECRETARY
DISPLAY AS REQUIRED BY LAW
THIS DOCUMENT HAS A COLORED BACKGROUND•MICROPRINTING•LINEMARK'"PATENTED PAPER
AC# 7 0 9 0 0 9 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ#L12121900795
DATE BATCH NUMBER LICENSE NBR .fl E S" '
12/19/2012 128165375 AAC002022.yy. �" . .. .
The ARCHITECT CORPORATION N • • !wl< vot'?
Named below IS CERTIFIED '•"�'
Under the provisions of Chapter 481 F' etid,'
Expiration date: FEB 28, 2015 1,;", ° `_" -'14i"{ j
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BENDER & ASSOCIATES ARCHITECTS,PA ',��,, ,,:: _• .• /
410 ANGELA ST 9
KEY WEST FL 33040 1` ►1)LVL 1,R.1y`
RICK SCOTT KEN LAWSON
GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY