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3rd Amendment 11/20/2013AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: December 23, 2013 TO: David Hill, Director Project Management ATTN.• Ann Riger FROM. Vitia Fernandez, D. C, At the November 20, 2013,4foard of County Commissioner's meeting the Board granted approval of Item G51 Third Amendment to Contract with MBUK2M Architecture, Inc. for the Marathon Customs & Border Terminal project to include project design modifications in regards to the relocation of the existing Guardian Ad Litem Offices within the Airport Terminal Facility. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 THIRD AMENDMENT TO CONTRACT BETWEEN OWNER AND CONTRACTOR THIS THIRD AMENDMENT (herein after "AMENDMENT ") to the CONTRACT BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract" or "Agreement ") is made and entered this 20` day of November 2013, between MONROE COUNTY ( "Owner" or "County ") and MBI1K2M ARCHITECTURE, INC. ( "Architect "), in order to amend the Contract between the parties dated October 19, 2011, as Amended on July 18, 2012, and Amended on November 20, 2012, as follows: WTTNESSETH 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, on the 18` day of July, 2012, the Owner approved a First Amendment to Contract between the parties adding Additional Services to the Scope of Services to include Revising and Refining the Design Concept Plan, Order of Magnitude Cost Estimate, allowing participation at a Monroe County BOCC meeting and participation at a Design Review meeting, increasing the date of completion by 180 days, and increasing compensation; and WHEREAS, on the 20' day of November, 2012, the Owner approved a Second Amendment to Contract between the parties authorizing the Architect to proceed with Phase II of the project to include Design through Construction Administration Services and the preparation of a Request for Proposal (RFP) for construction of a Customs & Border Protection Facility at the Marathon Airport; and WHEREAS, existing at the Marathon Airport are Guardian Ad Litem offices that need to be relocated to accommodate the expansion for the new Customs Terminal; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the original contract dated October 19, 2011, and as amended on July 18, 2012 and November 20, 2012, shall be amended as follows: A. SCOPE OF WORK Architect shall prepare design modifications in connection with the relocation of the existing Guardian Ad Litem offices to the existing airport store and adjacent office, abutting the proposed Customs Terminal Expansion. Architect shall provide architectural and interior design services along with mechanical and electrical engineering as required to reconfigure the existing areas to meet program requirements, utilizing existing mechanical and electrical systems in so far as possible. B. PAYMENTS Payment for Professional Services for the scope of work above shall be a lump sum fee of Nine Thousand Five Hundred Dollars ($9,500.00) which includes reimbursable expenses. Payments will be made monthly on a percentage complete bases. C. SCHEDULE The Architect shall perform its services as expeditiously as is consistent with professional skill and care and the orderly progress of the work. This Agreement shall terminate upon completion of the Construction Phase of the project. The remaining terms of the Continuing Contract dated December 16, 2009, the Contract for Professional Services dated October 19, 2011, and as Amended on July 18, 2012 and November 20, 2012, 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, ORIDA By: Mayor /Chairman ARCHITECT/ENGINEER MBI/K2M ARCHITECTURE, INC. By:-4 a Title: ' cr ntignDjc_,z Ml- A . ASSISTAN : /, t Date CD © �- c v W _s t LLJ °, m C) 4L N Ml- A . ASSISTAN : /, t Date Z O� uj z C) w w Y U) 0 0 0 0 C) 0 o Q co o J N O M m LU � Q � W W M ry o u) N (00 Q C) N Q C) J a �U) w 0 0O U U) w W Y> vO EO 2013 / 2014 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2014 RECEIPT# 47161 - 103202 Business Name: MBI /K2M ARCHITECTURE, INC Owner Name: MICHAEL B INGRAM Business Location: 1001 WHITEHEAD ST Mailing Address: KEY WEST, FL 33040 1001 WHITEHEAD ST Business Phone: 305 - 292 -7722 KEY WEST, FL 33040 Business Type: MISCELLANEOUS SERVICE (PARKING LOT) Employees 1 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 22.00 0.00 22.00 0.00 0.00 0.00 22.00 Paid 110 -12- 00002385 08/15/2013 22.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041 -1129 EXPIRES SEPTEMBER 30, 2014 MBI /K2M ARCHITECTURE, INC RECEIPT# 47161 - 103202 Business Name: Business Location: 1001 WHITEHEAD ST Owner Name: MICHAEL B INGRAM KEY WEST, FL 33040 Mailing Address: 1001 WHITEHEAD ST Business Phone: 305 - 292 -7722 KEY WEST, FL 33040 Business Type: MISCELLANEOUS SERVICE (PARKING LOT) Employees 1 Tax Amount Transfer Fee Sub -Total Penalty Prior Years Collection Cost Total Paid 22.00 0.00 22.00 0.00 0.00 0.00 22.00 Paid 110 -12- 00002385 08/15/2013 22.00 ° CERTIFICATE OF LIABILITY INSURANCE 9/181201 0 THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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(les) must be endorsed. if SUBROGATION IS 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 PRODUCER The James B. Oswald Company 1100 Superior Avenue, Suite 1500 Cleveland OH 44114 INSURED mbi -k2m Architecture, Inc. 1001 Whitehead St., Suite 101 Key West FL 33040 -7522 MBIK2 -1 r•nvcoert =s rFRTIPIrATE N1 lMBER ')s:Fn'7e REVISION NUMBER: i 1 4 i i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Attn Ann M. Riger 1100 Simonton Street, Room 2 -216 Key West FL 33040 AUTHORIZED REPRESENTATIVE 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 RED BY PAID CLAIMS. INSR 7YpE OF INSURANCE POLICYEFF POLICYEXP LTR IN POLICYNUMBER MMIDD MMIDO LIMITS A GENERAL LIABILITY Y Y 45SBA107008 1 9/14/2013 14/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY USES JEA OCCUrtenc $ 1 - 000 , 000 CLAIMS -MADE I^ I OCCUR MEDEXP (Any one person $10000 X Al Primary& PERSONAL &ADV INJURY 51000000 X Non- Contributory GENERAL AGGREGATE $2,000000 GEN1_ AGGREGATE LI MIT APPLIES PER: PRODUCTS -COMPIOP AGG $2,000000 POLICY X PRO- X LOC $ A I AUTOMOBILE LIABIL Y _ _ _ _ 45SBA107008 14/2013 _ _ _ _ 14/2D14 Ea accd $1.0c)0,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Par accident) $ ALL OWNED SCHEDULED AUTOS NON -OWNED PROPERTY DAMAGE ecddent $ X HIRED AUTOS' X AUTOS $ X AI Primary A X Uh18RELLA UAB IX OCCUR Y 45SBA107008 /14/2013 11412014 EACH OCCURRENCE $1,000,000 AGGREGATE $7,000,000 EXCESS LIAS CIAIMS•MADE X i RET DED FJVTlCN 10 000 EXdudoe PrDfeeslonal $ A WORKERS COMPENSATION Y 6SBAI07008 114!2013 /14/2014 STAN' X 0 TH - TORY OH- STOP GAP AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORWARTNER/ECUTNE EX N NIA E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EAEMPLOYE $1,000,000 OFFICERrMEMBER (m andatory In NHJ ___ E.L. DISEASE -POLICY LIMIT $1 000 000 If yee, desaibe under DESCRIPTION OF OPERATIONS below B Professional Liablifty N Y E7204506 X311312013 13/2014 Each Claim $1,000,000 Claims Made Aggregate $1,000,000 Retro Date: SM12001 1 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more spaca is required) Additional Insured and Waiver of Subrogation as designated above is provided when d Insured by written C ontract or agreement. gy Marathon Airport Customs and Border. Mk -13008 WN1 DA WAI W 1V5t3 -ZU1U AGUKL) GUKP- UKAIIUrv. All ngnus rnanr�au. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD