3rd Admendment 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. Hanco4, `iD. C
At the February 20, 2013, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Item C18 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 ✓
s
THIRD AMENDMENT TO
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR BRICK AND MORTAR RESTORATION AT THE
EAST MARTELLO TOWER, KEY WEST, FLORIDA
THIS THIRD AMENDMENT to the AGREEMENT BETWEEN OWNER AND
CONTRACTOR (hereinafter "AGREEMENT") is made and entered this 20`h day of February, 2013,
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, as
First Amended on September 21, 2011, and as Second Amended on July 18, 2012 and 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
Tower for a not to exceed price of $80,000, referred to as Stage 1; 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 Council (TDC) approved additional
funding of $100,000 of which $91,000 was for the Contractor, and $9,000 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, referred to as Stage 2; and
WHEREAS, on March 27, 2012, the TDC approved additional funding of $100,000 to continue
with the Restoration of Brick & Mortar at the East Martello Tower of which $91,000 was for the
Contractor, and $9,000 for the Architect; and
WHEREAS, On July 18, 2012 the BOCC approved a SECOND AMENDMENT to the
AGREEMENT amending Article 3.1 of the original AGREEMENT allowing another 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 March 27, 2012, and establishing lump sum payment prices for
each portion of the Scope of Work, referred to as Stage 3; and
1
East Martello Brick & Mortar Restoration
4.
WHEREAS, On July 31, 2012, the TDC approved additional funding of $100,000 of which
$91,000 is for the Contractor, and $9,000 for the Architect, to continue the Restoration of Brick & Mortar
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 (Stage 4) 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 Third 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 under this
Amendment."
3. Article 4 shall be amended to add the following Scope of Work for the Additional Work under
this Third Amendment as follows:
East Martello Stage 4 Masonry Restoration will focus on the public entry wall at the west end of
the casemate battery, including structural repairs at the public entry, completely restore the north
end counterscarp sally port bay, and complete the 6 remaining sills of the canon ports of the
casemate battery.
• North end sally port $2,600.00
• Casemate battery canon port sills 7,200.00
• Entry/west end casemate:
Repointing 35,100.00
New brick installation 4,500.00
Structural repair at entrance includes 23,000.00
Steel lintels, construct arch, relocate doors, construct
ceiling, relocate electric, install light
Sub -total $72,400.00
• General conditions & overhead, profit, misc. items 18,600.00
Total $91,000.00
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
East Martello Brick & Mortar Restoration
F4
4. All terms and conditions of the AGREEMENT dated February 16, 2011 and as approved on
September 21, 2011 and July 18, 2012, not inconsistent herewith, shall remain in full force and
effect.
CD
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IN WITNESS WHEREOF, the parties hereto have set their hands and Seals on the day first
writt6 ove. Execution by the Contractor must be by a person with authority to bind the entity.
SIGNARE OF THE PERSON EXECUTING THE DOCUMENT MUST BE WITNESSED.
(SEALiAMY HEAVILIN, Clerk BOARD OF COUNTY COMMISSIONERS
Attest: OF MONROE COUNTY FLORIDA
1:-11 T-11 �-- By,4 "`3 5
W NE . CONTRACTOR
1) Contractin is c. SE
Witness By:
Melissa M. Harris Print Nam Mark A . Johnson
Print Name of Witness
Address: 453 South Main Street
Attleboro, MA 02703
Date: February 5, 2013
W� 'L4w
V
iE
Title: Treas rer
Date: February 5, 2013
OE COUNTY AT RNEEY
ROVE
DDA 7T"FORM-
/ NATILEENE V-C.ASSEL
ASSISTANT COUNTY ATTOW\MY
►s i-.a- CAI a
East Martello Brick & Mortar Restoration
L
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
TIPNIS, ABHIJIT
CONTRACTING SPECIALISTS INCORPORATED - SOUTH EAST
1600 N POWERLINE ROAD
POMPANO BEACH FL 33069
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better
For Information about our services, please log onto www.myfloridalicense.com,
There you can find more information about our divisions and the regulations that
Impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business In Florida, and congratulations on your new license!
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Business Information
Business Name: CONTRACTING SPECIALISTS INCORP KEYNIS, AFLIJIT
Location: 1600 N POWERLINE RD
POMPANO BCH, FL 33069
Type License: CONTRACTOR - CERT GENERAL CONTRACTOR
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(If any of this information has changed please contact the [.icensing o ce)
Required information for renewal:
PROOF OF COMMERCIAL GARBAGE SERVICE:. :ill businesses must proside proof of Commercial ;;nrbage
account with Waste Management (phone (305) 21)0-2794► with license payment.
I Exceptions: Fhis dues not apply to residential rental units. Cosmetologists or massage therapists working
in a licensed salon, charter boats operating from a licensed marina, rnohile services, home
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Please detach at perforation and return this portion with vnur payment. Make check pa\ahle to "( ity (If Ke% West."
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Business Information Owner Information
Business Name: CONTRACTING SPECIALISTS INC SO CONTRACTING SPECIALISTS INC S
Location: 1600 N POWERLINE RD POMPANO BCH FL 33069
POMPANO BCH, FL 33069
Type License: CONTRACTOR - CERT GENERAL CONTRACTOR
(If any of this information has changed please contact the Licensing office)
Required Information for renewal:
PROOF OF COMMERCIAL GARBAGE SERVICE. All businetises must provide proof of commercial garbage
account with Waste Management (phone (305) 06-1794) with license payment.
I Hxception5: )''his does not apply to residential rental units, cosmetologists or massage iher,ipi�ts working
in a licensed salon, charter boats operating from a licen:�ed marina, mobile services, home
oCCupations. or husinesses with a husiness location outside of the Key West city limits.
?. If your husiness has it commercial ,garbage account in your husiness name, please c nCkYe it copy of your most
recent hill.
i. If your h;rs i. onuucrcrt) :;arhage prm ided by the property ovViter of another husiness.. please
rite the oil the IKxtioll of the renek<al feria I.N hich returne(I with payment.
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