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1st Amendment 07/18/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 25, 2012 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contract Administrator FROM: Pamela G. Hance * D. C. At the July ib , 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item B21 Amendment #2 to the Agreement with Mailloux and Sons for the Lower Keys ADA Compliance Segment #2 project, to permit use of the Stock Island Fire Station Site for the Contractor' office until construction of the fire station starts. Item B22 Second Amendment to contract with Bender & Associates Architects, P.A. for Stage 3 of the East Martello Tower Masonry Restoration. This project is fully funded by the Tourist Development Council. Item B23 Second Amendment to contract with Bender & Associates Architects, P.A. for Stage 3 of the West Martello Tower Masonry Restoration. This project is fully funded by the Tourist Development Council. ✓Item B26 First Amendment to Contract with MBI/K2M Architecture, Inc. for the Design Concept and Cost Estimating for a General Aviation Facility Customs Terminal in the Existing Marathon Airport. 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. Please note: your item numbers B24 & B25 have been sent to Nat Cassel, Assistant County Attorney so that she can stamp and sign each one. Once she returns them to our office, they will be executed and a duplicate original of each will be sent to you. cc: County Attorney Finance File ✓ 1 FIRST AMENDMENT TO CONTRACT BETWEEN OWNER AND CONTRACTOR THIS FIRST AMENDMENT (herein after "AMENDMENT ") to the CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract" or "Agreement ") is made and entered this 18 day of July, 2012, between MONROE COUNTY ( "Owner" or "County") and MBI/K2M ARCHITECTURE, INC. ( "Architect "), in order to amend the Contract between the parties dated October 19, 2011 as follows: WITNESSETH WHEREAS, on the 16` day of December, 2009, the parties entered into a continuing contract for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, on the 19` day of October, 2011, the parties entered into a contract for an individual study for the Design Concept and Cost Estimating for a General Aviation Facility Customs Terminal in the Existing Marathon Airport, located at 9400 Overseas Highway; and WHEREAS, the contract dated October 19, 2011 includes a completion date of forty-two (42) days from the Notice to Proceed date of December 1, 2011; and WHEREAS, the contract dated October 19, 2011 states any additional services beyond those specifically outlined are chargeable at standard hourly rates listed in the contract; and WHEREAS, it is requested that the Architect provide additional services to the original scope of work to include revisions and refinement to the Design Concept Plan; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the original contract dated October 19, 2011 be amended as follows: 1. The following shall be added to Paragraph A - SCOPE OF SERVICES: • Revise Design Concept Plan based on direction from the County, City of Marathon, and the Customs and Border Protection review. • Refine Design Concept Plan based on comments received from County, City of Marathon, and Customs and Border Protection. • Order of Magnitude Cost Estimate to include design and engineering fees, construction, permitting, and furniture, fixtures, and equipment. Furniture, fixtures, and equipment to be based on costs provided by Customs and Border Protection. 2. The following shall be added to Paragraph C - PAYMENTS: • Compensation for the additional SCOPE OF SERVICES shall be at a fixed fee of Three Thousand Five Hundred Dollars ($3,500.00). Compensation shall include the past attendance at a project meeting located at the Marathon Airport with County, City of Marathon, and the Customs and Border Protection staff on May 15, 2012. 3. The following shall be added to Paragraph D - ADDITIONAL SERVICES • Should Participation at a Monroe County BOCC meeting be required, and the County directs the Architect to appear to respond to questions regarding the design and cost estimate, a fee of $750.00 shall be imposed upon the County which shall include attendance at the meeting and travel within the County. • Should participation be required for Design Review meetings with County, City of Marathon, and/or Customs and Border Protection, and the County directs the Architect to appear, a fee of $500.00 per meeting shall be imposed upon the County which shall include attendance at the meeting and travel within the County. 4. Paragraph E - SCHEDULE shall be revise as follows: • The Architect shall perform its services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall complete the Scope of Work within One Hundred and Eighty Days (180) after execution of this First Amendment. 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 Amendment on the date stated v .... above. r f Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY ' / COMMISSIONERS OF MONROE By: / COUNTY, FLO ' I i A Deputy Clerk 9.4.1 By: f 5', t ° I �- Mayor /Cha' u n ARCHITECT/ENGINEER /-"- .e A .aA. t� MBUK2M ARCHITECTURE, INC. "itn - . s i �. A - B 0 4‘,.4.., e,..,.v Witness - Title: TX-o jEc� Q J s e c I.T) c ; L,� MONRO ` OU A F • s ' c�. A .. ED� S TO F • ' o to AilLid Li _ cV PEDRO J. MER . 13. . , w ci =-, ASSISTANT • - ' Z Lz, j - _ j__, a �I C',1 1: e LL. 6 -t c ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) �- E 6/25/2012 1- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. , IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the r certificate holder in lieu of such endorsement(s). PRODUCER NAME: Patricia Cholewa STA, a Division of Oswald Companies PHONE FAx 3401 Enterprise Parkway, Suite 101 E-MAIL o E =U 216- 839 -2807 (A/C, No):216- 839 -2815 Beachwood OH 44122 ADDRESS :pcholewa ©stassociates.net INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Hartford Casualty Ins. Co. 29424 INSURED MBIK2 -1 INSURER B :Hudson Specialty Insurance Co. 25054 mbi -k2m Architecture, Inc. INSURER C : Spectrum Design Services Inc. INSURER D 1 • 001 Whitehead St., Suite 101 Key West FL 33040 -7522 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1974025471 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MM /DD/YYYY) LIMITS A GENERAL LIABILITY Y Y 45SBA107008 9/14/2011 3/14/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 CLAIMS -MADE X OCCUR - • I D • GEMENT MED EXP (Any one person) $10,000 X Al Primary & BY , PERSONAL & ADV INJURY $1,000,000 X Non - Contributory W � � , �r _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 7 POLICY n W X LOC $ A AUTOMOBILE LIABILITY Y Y 45SBA107008 9/14/2011 3/14/2012 COMBINED SINGLE LIMIT ' (Ea accident) $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS ( ) X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE AUTOS (Per accident) _ $ X Al Primary $ A X UMBRELLA LIAB X OCCUR Y Y 45SBA107008 9/14/2011 3/14/2012 EACH OCCURRENCE _ $2,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE _ $2,000,000 DED X RETENTION $10,000 Excludes Professional $ A WORKERS COMPENSATION y 45SBA107008 9/14/2011 3/14/2012 WC STATU- x OTH- AND EMPLOYERS' LIABILITY Y / N TORY I IMITS ER OH - STOP GAP ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If DEESs,CRIPTIONunder N OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION B Professional Liability N Y AEE7204505 4/13/2012 4/13/2013 Each Claim $3,000,000 Claims Made Aggregate $3,000,000 Retro Date: 9/1/2001 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Additional Insured and Waiver of Subrogation as designated above is provided when required of the Named Insur:..z written contract or agreement. Project: Marathon Customs Terminal Mk -11118 ' a. i-a-0, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ann M. Riger 1100 Simonton Street, Room 2 -216 AUTHORIZED REPRESENTATIVE Key West FL 33040 I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD • A':,. Hxsaxoss r,.0 MY1 AS 03d1fOJ8 Sb.rI-itAi '' M xrA'V„. r•• "' Jy �7 u'" .,:.. �._..>..,. a.,, .. ?. ..:'rsr,: Y ..iK'i+' " .` t i. � 1'..' �r... J+�LS I'I �I 1a K11� '�„J,��^� '•��Ak - N• {4<; �f., r. �"S.!i,,,, «'r 4 s4'.7 O?.",."„'P"1 j11 .:1�q;�p� ",-_:i -'i..t. - ",�' -.(»+rar'.T 'lea .}. tab "M° 3 a{, 1 e;t r.# )Zink C. +.4;.*s tx Ad 4 ,.4? A", .2:6 a0,, ,„<„,, i '.rP i"1t.a, :r�r :.%' If', :..,•f +ar ry:�, Y'p, '._.,." :y ,R. g .. .wqe. 1 3 :... �,, -.a ".3; ..(., .k .b{ r !l'''I`i :. to µAll L i '+'4*"a " , ? F.`4� :14W,1 JJ6A f�p< A31�,-�,; 'y� y,yTb� �t i. 'fin f n��ii' 4 { �Y. 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