#1st Amendment 09/28/2005
Gleltl aiDe
Circul cOIn
Danny L. Kolhage
Office (306) 296-3130 Fax (306) 296-3663
Memorandum
To:
Richard Collins,
County Attorney
Attn.
Kathy Peters
Isabel C. DeSantis,' d)
Deputy Clerk ~
From:
Date:
Thursday, October 06, 2005
At the regular BOee meeting of September 28, 2005, the Board approved the
following:
Contract Amendment between Monroe County and The Tower Group, Inc., which
removes the requirement that the architect approve Change Orders for the Freeman
Justice Center Project.
Attached hereto is a fully executed copy of the of the subject document for your
handling.
Should you have any questions, please feel free to contact me.
cc: Finance
Construction Management
File ./
CONTRACT AMENDMENT TO
CONTRACT BETWEEN MONROE COUNTY BOARD OF COMMISSIONERS
AND THE TOWER GROUP FOR THE FREEMAN JUSTICE CENTER
THIS AMENDMENT (herein after "Amendment") to the Contract betwe~
O"'I;hand Contractor (herein after "Contract") is made and entered into this.;].!' - day
of It(,,~, 2005, by and between Monroe County Board of County Commissioners
(herem after "County"), a political subdivision of the State of Florida and The Tower
Group (herein after "Contractor").
WITNESSETH
WHEREAS, on the 16th day of June, 2004, the parties entered into the Contract for the
construction of the Freeman Justice Center: and
WHEREAS, County has authorized the amendment to remove the requirement that the
Architect approve change orders and the Contractor has also agreed to the removal of the
requirement; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
1. Paragraph 7.1.2 of the General Conditions of the Contract shall be amended as
follows:
7.1.2 A Change Order shall be based upon agreement among the Owner, and
Construction Manager; a Construction Change Directive require agreement by the
Owner, Construction Manager and mayor may not be agreed to by the Contractor; an
order for a minor change in the Work may be issued by the Architect alone.
2. Paragraph 7.2.1 of the General Conditions of the Contract shall be amended as
follows:
7.2.1 A Change Order is a written instrument prepared by the Construction
Manager and signed by the Owner, Construction Manager and Contractor, stating their
agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, ifany; and
.3 the extent ofthe adjustment in the Contract Time, if any.
3. Any and all documentation related to a proposed Change Order or Construction
Change Directive shall still be submitted to the Architect for its review and approval in
accordance with the procedure set forth in the Contract. Should the Architect not act
timely with respect to issuance of Change Order(s) or Construction Change Directive(s),
or should the Architect reject or otherwise fail to approve a Change Order or Constructive
Change Directive that the Owner's project representatives or Construction Manager
believe should be issued, then, in accordance with this Amendment to Paragraphs 7.1.2
and 7.2.1 above, Change Order(s) and/or Construction Change Directive(s) may be issued
without the agreement of the Architect.
4. This Amendment shall be effective on and retroactive to July 20,2005, when it was
approved by the Board of County Commissioners.
5. The remaining terms of the Contract, not inconsistent herewith, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment on
~~;Stated above.
1,",'1,,1,.,:..,-'. /';- '
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j:.,:'.,'':r AtteJ1cDANNY L. KOLHAGE, CLERK
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\\<;::~y: M (1, ~cuJJ;J
. ' Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Lh# m. ~
Mayor/Chairman
Witness
Witness
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