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HomeMy WebLinkAbout1st Amendment 11/20/2013AMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: December 30, 2013 TO: Judy Clarke, PE Director of Engineering ATTN. Breanne Erickson FROM: Vitia Fernandez, D. At the November 20, 2013, Board of Co ty C mmissioner's meeting the Board granted approval and authorized execution of Item G49 Architectural/ErigWeering Contract with MBI/K2M Architecture Inc. for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. 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 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 1 ST AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHTIECT /ENGINEER FOR THE EXTENSION OF THE CONTINUING CONTRACT This First Amendment to Contract (herein after "Amendment ") between Owner and Architect /Engineer for the Continuing Contract for Professional Services ( "Contract "), entered into between Monroe County ( "Owner" or "County ") and MBI /K2M Architecture, Inc. ( "Architect /Engineer ") is made and entered into this 20 day of November, 2013, in order to amend the Contract as follows: WITNESSETH WHEREAS, on December 16, 2009, the parties entered into a continuing contract for Professional Services, pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered 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, the Continuing Contract stipulates that a separate contract for each project awarded to the Architect by the Owner be provided each with specific scopes of work, time schedules, charges and payment conditions, and additional terms and conditions applicable to that specific contract; and WHEREAS, in accordance to the Continuing Contract the Professional Services will be for a period of four years commencing on the date of the contract, with options for the Owner to renew on an annual basis for two additional one year periods; NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree as follows: 1. The Continuing Contract for Professional Services dated December 16, 2009 and terminating on December 15, 2013, shall be renewed for the first of two one -year periods effective on December 16, 2013 and terminating December 16, 2014. The following shall be added to Article XVII of the original Continuing Contract dated December 16, 2009: a) Architect shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the services performed by the Architect or other information to which the Architect has had access during the Term of this Master Agreement without the prior written approval of the County, during the Term of this Master Agreement and for a period of two (2) years after the termination of this Master Agreement. Nevertheless, the parties agree that the Architect may use and publish the County's name and give a general description of the work provided by the Architect for the purpose of informing other clients and potential clients of the Architect's work experience and qualifications. b) Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes, Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with a Public Records request shall be grounds for immediate unilateral cancellation of this Master Agreement by the County." 3. In all other respects, the original Continuing Contract dated December 16, 2009 remains unchanged. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first written above. t: AMY HEAVILN, CPA, C rk BOARD OF COUNTY COMMISSIONERS k OF MONRO OUNTY O A U e 8 By: Deputy Clerk Mayor /Chairman WITNESS to Architect's Signat e: ARCHITE B 1�tA ll �4 . � --, By: JIVIII , I N. ` WITNESSS Si t re ` /MB I /K2M Ar cture, nc. Print Witness Name Date: l [ — - Z C)l 3 MONROE COUNTY ATTORNEY PROVED AS TO FOR W: NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date -_ // — o 3 - 2C24 a_ WI wd 00 Od0 £IDZ OuKi3"a �0A 0] Ili rp 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 I 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 e AtoR� CERTIFICATE OF LIABILITY INSURANCE ° "�` " ° """"' s THIS CERTIFICATE IS 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 certificate holder In lieu of such endorsement(s). PRODUCER The James B. Oswald Company 1100 Superior Avenue, Suite 1500 Cleveland CH 44114 CONTACT N AME: PHONE I ( FAX No) -MAIL DD INSURE 8 AFFOROINGCOVERAGE NAICN INSURER A :Hartford Casualty Ins, Go. 29424 _ INSURED MBIK2 -1 mbi -k2m Architecture, Inc. 1001 Whitehead St., .Suite 101 Key West FL 33040 -7522 INSURER B :Huds n Specialty Insurance Co- 5054 INSURER C: 1 Y INSURER 0: 45 SBAIO7008 INSURER E 1412014 INSURER F: 51,000,000 COVERAGES CERTIFICATE NUM13ER:7d7DAx;A9A REVISION NUMBER: i i 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 POLICYEFF POLICYFJIP LTR TYPEOFINSURANCE tN R POLICY_ NUMBER MMIDO MMIDD LIMITS A GENERAL LIABILITY 1 Y Y 45 SBAIO7008 9114/2013 1412014 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED PREMISES (Emoominnoe) $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MEDFXP (Any one person $10000 PERSONAL & ADV INJURY $1,000000 X Al Primary& X Non - Contributory GENERAL AGGREGATE $2,000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2,000,000 $ POLICY X PRO- X LOC A j AUTOMOBILE LIABILITY Y Y 45SBA107008 14/2013 14/2014 Ee.dent 1 000 000 BODILY INJURY (Per person) S ANY AUTO BODILY INJURY (Par acdclant) S X AL.LOWNED SCHEDULED AUTOS X NON -OWNED HIREDAUTOS' AUTOS PROPEnDAMAGE 5 $ X Al Primary A X UMBRELLA LIAR X OCCUR Y Y 45SBA107008 /14/2013 114/2014 EACH OCCURRENCE $1,000,1100 AGGREGATE 51,000,000 EXCESS UAB i CLAIMS - MADE DIED IX I RETENTION 10 000 Excludes Profaastonal $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNEWEXECUTWE FN- OFFICERlMEMBE NIA Y 46SBA1070DO /14/2013 911420114 C STATU- X OTH- OH-STOPGAP EL EACH ACCIDENT -- $1,000,000 _ en story n If yes, desWbs under DESCRIPTION OF OPERATIONS below E.LDISEASE - EAEMPLOYE (— E.L. DISEASE - POUCY LIMIT $1X0,000 $1 000 000 B Professional Liability _ _ AEE7204506 4/1312013 1312014 1 Each Claim 51,000,000 Claims Made (Aggregate 1,000,000 Retro Date: 9/112001 I DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is requtrad) Additional Insured and Waiver of Subrogation as designated above is provided when Arequi of e Name Insured by written Contract or agreement. Marathon Airport Customs and Border. Mk -13008 gy DAWA Monroe County Attn Ann M. Riger 1100 Simonton Street, Room 2 -216 Key West FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORUED REPRESENTATIVE ® 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD -46 Z O� �ry Z U W w Y U) 00 o co 0 C) 0 o co Q 01 N O } M m -j W LLI (17 = 0 W M ry r O (/) N (D Q O >- N Q C J C1, U) w CO H � � U w Y > v0 E(D