2nd Amendment 05/18/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: May 23, 2011
TO: Jerry Barnett, Director
Project Management
ATTN.• Ann Riger
Contracts Administrator
FROM: Pamela G. Hanco k, . C.
At the May 18, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C33 Second Amendment to Agreement with
MBI /K2M Architecture, Inc. for the Marathon Courthouse Renovation project, with direction to
Staff to send a request to the Courts to pay 50% of the architect's fees and a percentage of the
construction.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File✓
SECOND AMENDMENT TO
14 AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGMER
THIS SECOND AMENDMENT (herein after "AMENDMENT') to the AGREEMENT
BETWEEN OWNER AND ARCHITECT/ENGINEER (" AGREEMENT) for the Marathon Courthouse
Renovation Project, entered into between MONROE COUNTY ("Owner') and MBUK2M
ARCHITECTURE, INC. ("Architect') is made and entered into this I e day of May, 2011 in order to
amend the AGREEMENT, as follows:
WITNESSETH
WHEREAS, on May 19, 2004 the parties entered into an Annual Contract for Architectural Services; and
WHEREAS, the Annual Contract for Architectural Services was renewed on May 18, 2005, May 16,
2006, April 18, 2007 and extended on June 18, 2008 to finalize pending projects; and
WHEREAS, the Annual Contract for Architectural Services is designed for small projects consisting of
remodeling, roofing, ADA compliance, or renovations of buildings and other capital renovations in which
construction costs do not exceed $1,000,000.00; and
WHEREAS, on the 16' day of April, 2008, the parties entered into an Agreement for
Architectural/Engmeering services for the interior and exterior modifications of the Marathon
Courthouse; and
WHEREAS, on the 18 day of February 2009, the parties entered into a First Amendment to the
Agreement to retain a Civil Engineering consultant to prepare storm water calculations/analysis and
sanitary sewer calculations/analysis; and
WHEREAS, in accordance Article 8. 1.1 (A) of the Continuing Contract dated May 19, 2004, and Article
2 of the Agreement for Professional Services dated April 16, 2008, compensation to the Architect will be
adjusted when the actual construction cost is known, in accordance with the State of Florida Department
of Management Services, Division of Building Construction Fee Schedule for Architectural and
Engineering Services; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
The Architectural fee shall be adjusted to 8% of the actual construction cost of $835,775.00, or
$66,862.00.
2. The remaining terms of the AGREEMENT, not inconsistent herewith, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated above.
SIGNATURE PAGE TO FOLLOW
Marathon Courthouse Renovation 1 of 2
Execution by the Architect must be by a person with authority to bind the entity.
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
By:
Print Name:
Title:
Date:
Or:
Witness 1: Al,
Print Na
Witness
Print Na
BOARD OF COUNTY COMMISSIONERS
OF MONROE
COUNTY, FLO A
By:
May /Ch
ARCHITECT
MBI/K2M ARCHITECTURE, INC.
B y
Print Name:
Title:
w
z
Date:
Date:
Date:
STATE OF FLQRIDA
COUNTY OF C-('H LV--
On this day of 2011, before me, the undersigned notary public, personally C C -- �
known to me to be the person whose name is subscribed above or who produced �-3
as identification, and aclmowledged that he/she is the person who executed the above Amendment with
Monroe County for Architect/Engmeering services for the Marathon Courthouse Renovation Project, for the
p
therein contained. rg",
Notary Public
Print Name
My commission expires:
BECKY D. HERNANDEZ -BAUER
Notary Public - State of Florida
My Comm. Expires Oct 1. 2012
Commission # DO 827643
Bonded Through National Notary Assn.
�V� ,
By:
Print Name:
Title:
Date:
Or:
Witness 1: Al,
Print Na
Witness
Print Na
BOARD OF COUNTY COMMISSIONERS
OF MONROE
COUNTY, FLO A
By:
May /Ch
ARCHITECT
MBI/K2M ARCHITECTURE, INC.
B y
Print Name:
Title:
w
z
Date:
Date:
Date:
STATE OF FLQRIDA
COUNTY OF C-('H LV--
On this day of 2011, before me, the undersigned notary public, personally C C -- �
known to me to be the person whose name is subscribed above or who produced �-3
as identification, and aclmowledged that he/she is the person who executed the above Amendment with
Monroe County for Architect/Engmeering services for the Marathon Courthouse Renovation Project, for the
p
therein contained. rg",
Notary Public
Print Name
My commission expires:
BECKY D. HERNANDEZ -BAUER
Notary Public - State of Florida
My Comm. Expires Oct 1. 2012
Commission # DO 827643
Bonded Through National Notary Assn.
� DTI
- n
O
W CD
Marathon Courthouse Renovation 2 of 2
_
W
O
U
� DTI
- n
O
W CD
Marathon Courthouse Renovation 2 of 2
mbi I k2m
ARCHITECTURE, INC.
December 13, 2010
Monroe County
1100 Simonton Street
Key West, Florida 33040
Attn: Mr. Jerry Barnett, Administrator Construction Management Projects — sent via email
Barnett - Jerry@MonroeCounty- FL.gov
Re: Marathon Courthouse
Design Professional Fee Increase Notification
MK -08037
Dear Mr. Barnett,
1001 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
PHONE: 305.292.7722
FAX: 305.292.2162
PROF. REG. NO. AA26001059
We understand that Pedro Falcon Electrical Contractors, Inc. was recently awarded the Marathon Courthouse
renovation project in the amount of $835,775. It is encouraging that the County is moving forward with this project
and we are ready and able to begin the Construction Administration scope of our contract.
At the start of the project, the project budget was estimated at $350,000 and when calculated at 8% our fee was
$28,000. In accordance with Section 2 of our executed contract, approved April 16, 2008, our fee is to be adjusted
once the cost of construction is known, either up or down in accordance with the State of Florida Department of
Management Services, Division of Building Construction Fee Schedule for Architectural and Engineering Services.
We herby request that our compensation be adjusted from TWENTY -EIGHT THOUSAND DOLLARS ($28,000) to
SIXTY -SIX THOUSAND EIGHT HUNDRED SIXTY -TWO DOLLARS ($66,862), in accordance with the signed
agreement. This is an increase of THIRTY EIGHT THOUSAND EIGHT HUNDRED SIXTY -TWO DOLLARS
($38,862).
To date, our office has invoiced $22,400 for Professional Services from Schematic Design through Bidding; 80% of
the Contract. With this notification, we will invoice 80% of the increased contract amount, or $31,089.60. This will
leave a balance of $13,372.40 on the contract, which will be billed monthly through the construction phase of work.
We trust that you concur with our statements. Should you have any questions please do not hesitate to contact our
office. We look forward to continuing our long relationship with Monroe County and Pedro Falcon Electrical
Contractors, Inc. to the successful completion of this project.
Best Regards,
J
Michael B. Ingram, R.A., Director
mbi I k2m Architecture, Inc
KEY WEST I SOUTHWEST FLORIDA I CLEVELAND I HOUSTON I CHARLOTTE