1st Amendment 11/20/20131 5T 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
r.. representative on the day and year first written above.
' (5 1 EA4;1
A test AMY HEAVILN, CPA, Clerk BOARD OF COUNTY COMMISSIONERS
OF I
Jl,�L l ' By:
Deputy Clerk
WITNESS to Architect's Signat rre: ARC
By: ,, �� \ 'u l „ l,ti L � �� By:
WITNESSS Sign ure
Print Witness Name
Date:
1 "40`•1,1F OE t:( UNIT`( ATTtDj?NEY
k31PROVE0 AS TO 70
,, IATILEENE W. C:ASSEL
AS SISTAZIT COUNTY Nr 0rRNwY
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
MARATHON SEWER CONNECTIONS
THIS CONTRACT made as of the 15" day of May, 2013, FOR PROFESSIONAL
SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract" or
"Agreement ") is made and entered into by MONROE COUNTY, BOARD OF COUNTY
COMMISSIOENRS ( "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
MBI/K2M ARCHITECTURE, INC. the( "Architect"), whose address is 1001
Whitehead Street Suite 101, Key West, FL 33040, its successors and assigns.
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:
1. This Contract is in accordance to the Continuing Contract as approved by the
BOCC on December 16, 2009 where professional services are to be rendered for projects
in which the estimated construction costs of each individual project under contract does
not exceed Two Million Dollars ($2,000,000.00). All terms and conditions of the
continuing contract approved by the BOCC shall apply to this contract. Modifications to
the existing contract consist of the following:
A. SCOPE OF SERVICES
Architect shall provide coordination and civil engineering services as required to
prepare construction drawings to route the sanitary sewer from the existing
Marathon Courthouse, Marathon Sheriffs Sub - station, and the Marathon Library
to U.S. Highway 1 and connect to the City of Marathon's sewer system. Design
efforts and point of connection will be coordinated with the City of Marathon.
Coordination and engineering services include the following expanded Scope of
Work:
• Review available construction plans pertaining to the existing sanitary
sewer system.
• Conduct field investigations to confirm/locate sanitary sewer structures.
• Coordinate with the City of Marathon and Monroe County.
• Prepare a preliminary level plan depicting the location and size of the
proposed sanitary sewer system required to tie into the City of Marathon's
system.
• Review the preliminary plan with the City of Marathon and Monroe
County.
• Prepare final construction plans for the proposed sanitary sewer
improvements.
• Complete and submit the appropriate FDEP permit application (if
required). County is responsible for the permit fee.
• Review contractor submitted shop drawings.
B. PAYMENTS
Professional services for the scope indicated above will be a total of Six Thousand
Eight Hundred Fifty Dollars ($6,850.00) plus direct (reimbursable) expenses not
to exceed Two Thousand Five Hundred Dollars ($2,500.00). Reimbursable
expenses shall be paid when submitted by Architect, in writing, but only to the
extent and in the amounts authorized by Section 112.061 Florida Statutes, and/or
Monroe County Code whichever is more restrictive. Allowable reimbursable
expenses are as follows:
• Reproductions as requested only by the Owner beyond 8 signed and sealed
full size sets, plus one full size reproducible set, one 11 x 17 reproducible
set, and one electronic copy.
• Postage of drawings and specifications except for those charges for
postage between the Architect's branch offices and between the Architect
and his Consultants.
• Renderings and models requested by the County.
• Additional color and black and white copies at direct cost.
• Any other similar project- related item.
Invoicing will be monthly based on the phase of work completed as outlined
below:
• Completion of Preliminary Design— 36% $2,466.00
• Completion of Final Design — 48% $3,288.00
• Construction Administration— 16% $1,096.00
Each invoice will include a description of the work completed for each phase, and
the percentage of completion represented by the work. Invoicing will be monthly.
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-
The following is a tentative schedule:
• Preliminary Design — June thin July 2013
• Final Design — July thru August 2013
D. The 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 Architect or other information to which
the Architect has had access during the Term of the Continuing Contract without
the prior written approval of the County, during the Term of the Continuing
Contract and for a period of two years after the termination of the Continuing
Contract. Nevertheless, the parties agree 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.
E. 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 the Continuing Contract by the
County.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
' utltorired representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
B By:
eputy Clerk Mayor /Chairman
Witnesses for hit t/En eer:
Witness 1:
Print N / 744!
Date: o 11120 13
Witness 2:
Print Name:
Date:
ARCHITECT/ENGMER
NBUK2M � �l C TURE, INC.
By:
Print N e: o D. Shrrp
Title: rc /VVgr)
Date:
A PROVED AS TO FO M:
NATILEENE W. CASSE
ASSISTANT COUNTY ATTORNEY
STATE OF FL DA Date
COUNTY OF " FLO 4 2- °
On this I iAA, day of 2013, before me, the undersigned notary public, personally
appeared V1 known to me to be the person whose name is subscribed
above, or who produc ���� Q�c����� identification, and acknowledged that
he /she is the person who executed the above Contract with Monroe County for Architect/Engineering
services for the Marathon Sewer Connections, for the purposes therein contained.
Notary ubi of FWft
r�2t�as
MY WMm. expir"J* 111; 2016