3rd Amendment 02/20/2013AMY HEA VILIN
CLERK OF THE CIRCUIT COURT
DATE: March 6, 2013
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
FROM: Pamela G. Hanc c , C.
At the February 20, 2013, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C21 Third 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 through the Monroe County Tourist Development
Council (TDC).
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,/
THIRD AMENDMENT TO
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR BRICK AND MORTAR RESTORATION AT THE
WEST 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, as follows:
WHEREAS, the West 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 West 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 West Martello
Towers 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 $92,860 was for the Contractor, and $7,140 for the Architect, for the
continuation of the Restoration of Brick & Mortar at the West 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 West 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
West Martello Brick & Mortar Restoration
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 West 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 Third 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:
West Martello Stage 4 restoration will focus on the east end casemate, in the same area as Stage 3
work. The north wall of the casemate will be raised, stabilizing and completing this portion of
the casemate, 250 s.f.; construct the outer shell wall of the counterscarp casemate, adjacent to the
casemate, requiring approximately 6,000 new bricks; repair the north end wall return of the east
counterscarp casemate, 1,450 s.f. and 1,000 bricks; and stabilize/repair the first bay of the
northeast counterscarp.
• East end of casemate battery, north wall $20,000.00
• Counterscarp casemate outer shell 30,000.00
• Northeast counterscarp, first bay vault 10,200.00
• East counterscarp casemate return wall 18,000.00
$78,200.00
• General conditions & miscellaneous items 12,800.00
Total $91,000.00
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
West Martello Brick & Mortar Restoration
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.
IN WITNESS WHEREOF, the parties hereto have set their hands and Seals on the day first
written Ate. 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.
AMAClerk
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: OF MONROE COUN , FLOC RADA r
B ByAw
�'
W CONTRACT R
1) Contracting e ' ' t E
*itness By:
Melissa M. Harris Print Nam : Mark A. hnson
Print Name of Witness Title: Treasurer
Address: 453 South Main Street Date: February 5, 2013
Attleboro, MA 02703
February 5, 2013 MONROE COUNTY ATTORNEY
PPROVED � FORM:
NATILEENE W. CAS EL
ASSISTANT COUNTY ATTORNEY
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West Martello Brick & Mortar Restoration
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
STATE dF MbRI
Congratulations! With this license you become one of the nearly one million UE , .
Floridians licensed by the Department of Business and Professional Regulation. PROF}. -. -
Our professionals and businesses range from architects to yacht brokers, from '
boxers to barbeque restaurants, and they keep Florida's economy strong.y
CGC150683A
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. CERTIH'};r '
There you can find more information about our divisions and the regulations that T l'N3S, ! M.
impact you, subscribe to department newsletters and learn more about the CONTRACT
Department's initiatives. ,
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Our mission at the Department is: License Efficiently, Regulate Fairly. We ' °p
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! �SRTIRIBD unaar
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Location: 1600 N POWERLINE RD
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Type License: CONTRACTOR - CERT GENERAL CONTRACTOR
CONTRACTING SPECIALISTS INC S
POMPANO BCH FL 33069
(if any of this information has changed please contact the i_icensing office}
Required information for renewal:
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