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1st Amendment 10/18/2017,O tt ZIM Kevin Madok, C Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: October 19, 2017 TO: Ann Mytnik, Sr. Contracts Administrator Project Management VIA: Tammy Sweeting Executive Assistant FROM: Pamela G. HancoC. SUBJECT: October 18th BOCC Meeting Enclosed is a duplicate original of Item B 10, 1 st Amendment to Contract for Professional Services with William P. Horn Architect, P.A. for the design through construction administration of the Crawl Key Fire Training Facility, for your handling. Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney via e-mail Finance via e-mail File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305- 294 -4641 305- 289 -6027 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 1 st AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER FOR THE CRAWL KEY FIRE TRAINING FACILITY THIS 1 st AMENDMENT (hereinafter "Amendment ") made as of the A 1 day of Ste; 2017, to the CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER dated May 21, 2014, ( "Contract" or "Agreement "), is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS, ( "Owner" or "County "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns through the Monroe County Board of County Commissioners ( "BOCC "), and WILLIAM P. HORN, ARCHITECT, P.A., ( "Architect "), whose address is 915 Eaton Street, Key west, Florida 33040, its successors and assigns. 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 and 00 /100 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 and 00 /100 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 the first of two one -year periods effective December 16, 2013, and terminating December 15, 2014; and WHEREAS, on the 10 day of December 2014, the parties entered into a Second Amendment to Contract extending the Continuing Contract exclusively for projects that were still in process at the termination date of December 15, 2014, and were obligated under the terms and conditions of the Continuing Contract of December 16, 2009, as renewed and extended; and WHEREAS, the Contract for Professional Services approved by the BOCC on the 21" day of May, 2014, for the design through construction administration of the Crawl Key Fire Training Facility is one of those projects that were in process at the termination date; and WHEREAS, paragraph 3 of the Contract dated May 21, 2014, stipulates that the Architect's compensation will be adjusted when the actual construction cost is known, in accordance to the State of Florida, Department of Management Services, Fee Guide Calculator; and WHEREAS, the final construction cost paid to the Contractor for the construction of the Crawl Key Fire Training Facility, less any design error or omission charge, is One Million Nine Hundred Sixty -Three Thousand Four Hundred and Fifteen and 07/100 Dollars ($1,963,415.07); 1 NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Architect's Compensation shall be adjusted using the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Group "D" complexity for construction that is average complexity shall be used which establishes a percentage of 7.46% of the construction cost of $1,963,415.07 resulting in the final Architectural fee of One Hundred Forty - Six Thousand Five Hundred Forty -Two and 00 /100 Dollars ($146,542.00). This is a fee increase of $20,149.00, from $126,393.00 to $146,542.00. 2. All other terms and conditions of this 1 Amendment to Contract shall comply with the Continuing Contract dated December 16, 2009, as renewed on November 20, 2013, and amended on December 10, 2014, which shall be made a part of this contract as if written herein in its entirety. IN :WIT WHEREOF, the parties hereto have executed this 1" Amendment on the date stated A' �p xecution by the Architect must be by a person with authority to bind the entity. w3' tet 4 MADOK, CPA BOARD OF COUNTY COMMISSIONERS K OF CIRCUIT COURT OF MONROE COUNTY, fi�ORIDAg ., t , ��� B v�� By . B y: Deputy Clerk Mayor /Chan T (SEAL) ARCHITECT 4cs Attest: WILLIAM P. HO , ARQIITECT '.A.a r— B a D* v v Print Name: f BY: p Date: / Title: STATE OF FLORID COUNTY OF r On this day of j GUGt&ST , 2017, before me, the undersigned notary public, personally appeared i H. Ajnpi J known to me to be the person whose name is subscribed above, or who produced as i entt tcation, and acknowledged that he /she is the person who executed the above Cont act with Monroe County for Professional Services for the Crawl Key Fire Training Academy for the purpose erein contained. PION OE COUNTY ATTORNEY'S OFFICE ra ROVED AS T FO n �� ,41-�- N A PUBLIC PATRICIA FABLES ANN M. MYTNIK ASSISTA COU TY ATTORNEY Notary Public - State of Florida DATE: — 2- l 7 My Commission expires: •c Commission #r GG 009808 AL) ' '•.',;t ai My Comm. Expires Jul 24, 2020 2 OP ID: NF ACORU" CERTIFICATE OF LIABILITY INSURANCE DATE (MWDO/TYYY) 1011717 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 RE PRESENTA TIVE 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 endorsemen a . PRODUCER 305- 294 -6677 The Fullers, Inc 305 - 292 -4641 1432 Kennedy Drive Key West, FL 33040 Norman Fuller NAME: PHONE No): ADDRESS: cusTOmER E , 1 p HORNW -1 X business owner INSURE S AFFORDING COVERAGE NAIL 0 INSURED William P Horn Architect PA INSURERA : First Communi Insurance Co. 13990 Bill Horn 915 Eaton St Key West, FL 33040 INSURERS: S INSURER C AUTOMOBILE INSURER D INSURER E • INSURER F: COMBINED SINGLE LIMIT S rnveoer_eN: rMOT ICIrATV Ir tNISaPR• 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. LT R I TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY LIATS GENERAL LIABILITY EACH OCCURRENCE f 2,000,00 A COMMERCIAL GENERAL LIABILITY X 090004962995813 09121M7 09/21118 Ea actmm e t 50,00 PREMISES nc CLAIMS -MADE � OCCUR MED EXP (Any one person) $ S X business owner PERSONAL& ADV INJURY S 2,000, GENERAL AGGREGATE S 4,000,0 GEN1. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO f 2,000,00 X POLICY 7 PRO- LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea scolded) BODILY INJURY (Per parson) S ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per accident) f PROPERTY DAMAGE S SCHEDULED AUTOS HIRED AUTOS (PeracddeM) s NON-OWNED AUTOS i UMBRELLALUAB OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAIMS -MADE DEDUCTIBLE S S RETENTION WORKERS COMPENSATION WC STAT 0TH• AND EMPLOYERS' LIABILITY ANY PROPRIETORFARTNERIEXECUTNE r - EL EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S OFFICERIMEMBER EXCLUDED? (Mandatory M NH) N IA E.L. DISEASE - POLICY LIMIT S It yes, describe under DESCRIPTION OF OPERATIONS Detow 7 ule, If more ape Is u"d) DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, c architect � APP (� I( 1 A EMENT BY WANE / Y MONRCON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLW PROVISIONS. Commissioners 1100 Simonton Street AUTHIDIRIZE0 REPRESEOTIVE Key West, FL 33040 Norman Fuller i I - 019 - 2 09 A CORPORATION. Ail rights reserved. m ACORD 25 (2009109) The ACORD name and logo are registered arks f AC R