HomeMy WebLinkAbout3rd Amendment 12/10/2014AMY REAVILIN, CPA
CLERK Of CIRCUIT COURT 8 COMPTROLLER
MOMROE IOIIKIY, FLORIDA
DATE: January 6, 2015
TO: Kevin Wilson
Project Management
ATTN: Ann Riger
FROM: Lindsey Ballard, D.CVV
At the December 10, 2014, Board of County Commissioner's meeting the Board granted
approval and execution of the following Item C27 a Third Amendment to Contract with K2M Design,
Inc. for the extension of the Continuing Contract in order to complete currently active projects.
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
03NNV3S
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 THE CONTINUING CONTRACT
FOR PROFESSIONAL SERVICES
IN ORDER TO COMPLETE OUTSTANDING PROJECTS
THIS THIRD AMDENDMENT made and entered this 10' day of December, 2014,
between K2M Design, Inc. ( "Architect" or "Consultant ") whose address is 1001
Whitehead Street, Key West, Florida, and Monroe County ( "County" or "Owner "), a
political subdivision of the State of Florida whose address is 1100 Simonton Street, Key
West, Florida.
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 20 day of November 2013, the parties entered into a First
Amendment to Contract renewing the Continuing Contract for a one -year period effective
December 16, 2013, and terminating December 15, 2014; and
WHEREAS, on the I I day of December 2013, the parties entered into a Second
Amendment Consenting to Assignment a formal public name change from MBI/K2M
Architecture, Inc. to K2M Design, Inc.; and
WHEREAS, the Architect continues to provide professional services for projects that fall
under the Continuing Contract, which will not be completed at the time of the termination
and therefore the Continuing Contract needs to be continued beyond the present
termination date of January 19, 2015; and
WHEREAS, the Architect and the County desire that these active projects be finalized by
the Architect within the guidelines of the Continuing Contract of January 20, 2010 and as
renewed on November 20 2013;
NOW THEREFORE, in consideration of the mutual promises, covenants, and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, the County and Architect agree as follows:
1. County and Architect agree that the projects listed in paragraph 2 below are in the
process of being completed and will still be in process at the termination date of
the Renewed Continuing Contract on December 15, 2014.
2. County and Architect agree and acknowledge that the Continuing Contract shall
be extended and will serve exclusively for the projects listed below and
specifically for the completion of those projects, and will terminate upon
completion of those projects:
Page 1 of 3
• Initial Site Layout and Feasibility Grade Cost Estimate to Construct a
Customs & Border Protection Area at the Marathon Airport — BOCC
approved October 19, 2011; 1 St Amendment for Design Concept and Cost
Estimating for a General Aviation Facility Customs Terminal approved
July 18 2012; 2 Amendment for Phase II for the Design through
Construction Administration Services for the Construction of the Customs
Terminal at the Marathon Airport approved November 20, 2012; 3rd
Amendment for design modification to include the relocation of the
Guardian Ad Litem offices approved November 20, 2013; and 4'
Amendment for Consenting to Assignment of a corporate name change
and the addition of language required under FS 119.0701 (2) approved
February 19, 2014.
• Marathon Sewer Connections — BOCC approved May 15, 2013, and
Amended on November 20, 2013 and 02/19/14.
• ADA Compliance Segments #1 & #2 Combined — BOCC approved
October 16, 2013, and amended on February 19, 2014 and September 17,
2014.
• Customs Terminal Security Enhancements at the Key West Airport Phase
II and III— BOCC approved March 21, 2012 (ratified on June 20, 2012 and
August 15, 2012).
• Reconfiguration of three office areas in the Customs Terminal in Key
West to create three interview rooms — Interim project, Contract dated
March 26, 2014.
3. County and Architect agree that payment for the completion on the projects listed
above shall be paid under the terms of the original Continuing Contract, and as
renewed, and extended under this Amendment without interruption.
4. In all other respects, the original Continuing Contract dated December 16, 2009,
as renewed on November 20, 2013, and as Consented to Assignment on
December 11, 2013, shall remain in full force and effect.
Balance of page intentionally left blank
Signature page to follow
Page 2 of 3
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
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Attest; 'AV
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HEAVILIN, CPA, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairman
Deputy Clerk
Witnesses fo 'tec E gineer:
Witness 1: " --�
Print Name: k c.-A
Date:
ARCHITECT /ENGINEER
K2M D IGN, INC.
By: (D
Print Name : r rn 2
Title:
Date: 1 (
STATE OF FLORIDA
COUNTY OF1 Oi
On this 7 day of 0 ✓E , 2014, before me, the undersigned notary public, personally
appeared 1-IVO, known to me to be the person whose name is subscribed
above, or who produced F 1'(Q�D - &VP VD - A 1 as identification, and acknowledged that
he /she is the person who executed the above Contract with Monroe County for the purposes therein
contained.
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NOTAR PUBLIC
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MONDr" rO`'NTY ATTORNEY
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Page 3 of 3
16 , CERTIFICATE OF LIABILITY INSURANCE
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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: M the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 13 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 endorseme s .
PRODUCER
The James B. Oswald Company
PHONE
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Cleveland OH 44114
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1001 Whitehead St., Suite 101
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COVERAGES CERTIFICA NUMBER: 1261334911 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,
EXCLUSION ANDCOND ITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS -
INSRi ---- ---- - -____
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Retro Date: 8112001
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DESCRIPTION OF OPERATIONS 1 LOCATIONS) VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more specs Is required)
Additional Insured and Waiver of Subrogation as designated above is provided when required of the Named Insured by written contract or
agreement.
Monroe County Board of County Commissioners
1100 Simonton Street
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.
AUTHORIZED REPRESENTATIVE
®1888 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010 /05) The ACORD name and logo are registered marks of ACORD
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2014 / 2015
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2015
Business Name: MBI /K2M ARCHITECTURE, INC
RECEIPT# 47161 - 103202
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
1 0.00
1 0.00
1 0.001
22.00
Paid 103 -13- 00006282 08/18/2014 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, 2015
Business Name: MBI /K2M ARCHITECTURE, INC RECEIPT# 47161 - 103202
Business Location: 1001 WHITEHEAD ST
Owner Name: MICHAEL B INGRAM KEY WEST, FL 33040
Mailing Address: Business Phone: 305 - 292 -7722
1001 WHITEHEAD ST Business Type: MISCELLANEOUS SERVICE (PARKING LOT)
KEY WEST, FL 33040
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 103 -13- 00006282 08/18/2014 22.00
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