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2nd Amendment 04/19/2006 Clelt oIlIIe Circul coun Danny L. Kolhage Office (305) 295-3130 Fax (305) 295-3663 Memorandum To: David S. Koppel, County Engineer Facilities Development Ann Riger 0 Isabel C. DeSantis, Deputy Clerk IfP Attn: From: Date: Monday, May 01, 2006 At the BOCC meeting on April 19, 2006, the Board granted approval of the fallowing item: Contract Amendment NO.2 between Monroe County and Harvard, Jolly, Clees, Toppe Architects, P.A. AlA for professional services to design the new Medical Examiner's Facility. Enclosed please find a fully executed duplicate original for your handling. Should you have any questions concerning this matter, please do not hesitate to contact this office. Copies: Finance County Attorney File ~ CONTRACT AMENDMENT NO.2 HARV ARD JOLLY CLEES TOPPE ARCHITECTS, P .A. AlA This Amendment is made and entered this 19th day of April, 2006, between the COUNTY OF MONROE, ("County") and HARV ARD lOLLY CLEES TOPPE ARCHITECTS, P.A. AlA, ("Architect") in order to amend the Contract between the parties dated January 16, 2002. WHEREAS, County and Architect entered into an agreement on January 16, 2002, as amended by Amendment #1 dated December 17, 2003, for Professional Services required for the Construction of the New Medical Examiner's Facility; and WHEREAS, Article VIII, Paragraph 8.1.1 based Architect's fee on a projected cost of construction of Two Million Dollars ($2,000,000.00) with a percentage fee to be paid to Architect of 6.75% in the amount of One Hundred Thirty-five Thousand Dollars ($135,000.00); and WHEREAS, Article VIII, Paragraph 8.1.1 states that Architect's fee will be adjusted when the actual construction cost is known, and a final adjustment will be made when construction is complete; and WHEREAS, County has entered into a contract dated May 19, 2004, and amended by Change Order No.1 dated July 20, 2005, with Fonticiella Construction Corporation to construct the new Medical Examiner's Facility in the amount of $3,989,429.00; and WHEREAS, County and Architect have determined that an adjustment needs to be made to the Architect's fee percentage based on the State of Florida Fee Schedule for Architectural and Engineering Services; NOW, THEREFORE, County and Architect agree to amend the agreement dated January 16, 2002, with reference to Article VIII, Paragraph 8.1.1, as follows: 1. The actual cost of $3,989,429.00 is $1,989,429.00 over the estimated construction cost of $2,000,000.00 which was used for the Architects fee. 2. The Architect's percentage for his fee will decrease from 6.75% to 6.3% based on the State of Florida's Fee Schedule for Architectural and Engineering Services. 3. The Architect's fee will increase from $135,000.00 (6.75% of $2,000,000.00) to $251,334.03 (6.3% of$3,989,429.00). 4. The amounts paid for additional services under Amendment #1 and for other additional services already provided in the amount of $67,910.78 are not included in the Architect's fee of $251,334.03 and are in addition to it. 5. All other provIsIons of the Agreement dated January 16, 2002, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and yea~:g~ove. ~'''\'' _0__.'..... 'i ~""',,- ..' i;.... -//;0,"~'/~~~ (SEAL)..... .\\~t,-, (~~ ATTEST;.. DANN~..\\~~~VIAGf:!JLERK '\ " 't~, "".;: ~ . ~ \. /. .~, \;;'~/.... - ~ , " ~ '. . I By BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By (\ \l ~~Chairman (SEAL) By C:;~ \A<:.S Pt7~H.~r- MONROE COUNTY ATTORNEY APPROVED AS TQ FORM: ) M. GRIMSLE COUNTY ATTORNEY ~ 0 o ..", % ~ ?J-~ 0'" "'~' rn ~ -<. 0" r o ("') :".C' :;~c: ",,;..,-~' .-- '-'\n~.,- :< :-1):.: -~., c: .. rr, "P RECEIVED rM,I..hd .wdor..,......,I APR 2 4 2006 V;A- /,L15 Perl.!t......... ~ ~ :X ~ , - ~ C5 .' "'1'\ ~ o ...." o ;0 ::Xl rrl t;.-> (;) ?J o (".) "'"