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5th Amendment 10/17/2014AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: September 24, 2014 TO: Kevin Wilson Director of Engineering ATTN: Pamela Hancock FROM: Lindsey Ballard, D. Ca- At the October 17, 2014 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C26 Amendment 5 to the contract with Metric Engineering, Inc. for Engineering Design and Permitting Services to add buffer Landscaping to the US 1 Bayside Shared Use Path Project. Enclosed is a duplicate original executed on behalf of Monroe County, , for your handling. Should you have any questions, please feel free to contact me. 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 Fifth Amendment to the Contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the U.S. 1 Bayside Shared Use Path This Contract Amendment is made and entered into this 17th day of October, 2014 by and between Monroe County, whose address is 1100 Simonton Street, Room 2 -216, Key West, Florida 33040 hereafter the "County ", and Metric Engineering, Inc. a corporation of the State of Florida, whose address is 13940 S.W. 136 Street, Suite 200, Miami, Florida 33186, its successors and assigns, hereinafter referred to as "CONSULTANT ", Article II SCOPE OF BASIC SERVICES is amended to include: Paragraph 2.1.3 The CONSULTANT will prepare landscaping plans sufficient in detail for construction. The work will include development of a planting plan as described in Attachment A, coordination with FDOT and subconsultant, including revisions required by FDOT and required permitting. All work will be conducted in accordance with current FDOT, State and Federal requirements. Article VII, Paragraph 7.1 is amended to include the following: The Consultant shall be paid monthly; the following lump sum amounts will apply for each task (except where noted): Task Description Amount 1 Develop planting Ian as described in Attachment A $27,000.00 2 Project Management/Coordination Construction Plan Preparation /Coordination $19,257.16 Reimbursable Ex enses(Estimated Amount) $736.32 Total Fifth Amendment $46,993.48 Final Plans will be delivered to County by February 17 2015. Force and Effect. In all other respects the Contract dated October, 2011 approved at the Monroe County BOCC meeting on October 19, 2011, amended on June 20, 2012, amended on May 15, 2013, amended on November 20, 2013 and amended on May 21, 2014 remains in full force and effect. US 1 Shared Use Path 5"' Amendment - Metric Engineering. Inc. October 17. 2014 Page 1 of 2 IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly a�ed representative on the day and year first written above. EAVLIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROF- COUNTY, FLORIDA puty (SEAL) Attest: TitleC dO C f Q _ y ai METRIC ENGINEERING, INC. By te,62,- Title SiQ� yiGP &1�P MONROE COUNTY ATTORNEY APPR % V p ED � AS TO FORM: )7111 / tt 4 AI7.Q1. CHRISTINE M. LIMBERT- BARROWS ASSISTA➢lT, OUN YY ATTORNEY Date - i US 1 Shared Use Path 5"' Amendment - Metric Engineering, Inc. October 17. 2014 Page 2 of 2 Attachment A ROSENBERG t GARDNER DESIGN July 23, 2014 revised September 16, 2014 Michael McCoy Metric Engineering 13940 SW 136` Street Miami, FL 33186 RE: US -1 Bayside Shared Use Path Dear Michael, We appreciate being invited to participate in the design of your project located on the bay side of US -1 between mile posts 99.775 and 106.093 (with an exception from mile posts 103.317 to 103.477) in Key Largo, FL. I. SCOPE OF SERVICES Rosenberg Gardner Design (RGD) shall provide the following landscape architectural services for your project: 1) In an effort to create as much landscape impact as possible with the limited landscape budget, RGD will coordinate with the project team and the County for determination of key areas where planting will be concentrated. 2) RGD prepare plans as hand -drawn plans or AutoCAD drawings for input into Microstation by the project Engineers. RGD will not be responsible for compliance checks in Microstation. 3) RGD will prepare a Planting Plan sufficient in detail for bidding and installation by qualified contractors. Planting Plans will show landscaping to be planted as part of FP: for coordination purposes and to eliminate redundancy. y1 1/197 -Z-S$-41 4) RGD will attend up to three (3) meetings during the design phase. Attendance at additional meetings will be billed hourly, recorded portal to portal. 5) RGD will prepare plans on a base Site Plan provided by Metric Engineering. Any changes to RGD plans required by changes to the Site Plan shall be billed hourly. Any changes to RGD plans required as a result of comments concerning our design by Review Boards or government staff shall be made at no additional cost. 6) Contract Administration will include preparing responses to RFI's, shop drawing approvals, review of pay requests and attendance at necessary periodic visits and /or coordination meetings with the Architect /Engineer, Contractor or Owner. RGD shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work and shall not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, and shall not be responsible for any Contractor's failure to carry out the work in accordance with the Contract Documents. CLIENT'S RESPONSIBILITIES The Client shall provide any required site surveys, as -built drawings, soil tests, as well as architectural and engineering services as required. US -1 Bayside Shared Use Path page 1 of 3 ROSENBERG GARDNER �� DESIGN LANDSCAPE ARCHITECTURE / LAND PLANNING 17670 NW 78th AVE_ Suite 214. MIAMI. FLORIDA. 33015 HONE: 305- 392 -1016. FAX: 305392 -1019. CORPORATE #: LC0000266 _VV ROSENBERGGAR �NER.com RGD will prepare any necessary documents necessary to receive permits. RGD will not be responsible to submit the plans through the governing agencies. III. FEES 1) The fee shall be $ 27,000 payable as follows: $ 15,000 - upon submission of Conceptual Landscape Plans $ 6,000 - upon submission of 60% Construction Document drawings $ 4,000 - upon submission of 90% Construction Document drawings $ 2,000 - upon submission of 100% Construction Document drawings Contract Administration will be billed on an hourly basis based upon RGD's hourly rates. (time shall be recorded portal to portal) 2) Hourly rates are as follows (time recorded portal to portal): $150 /hr for Principal Landscape Architect $120 /hr for Project Manager $ 85 /hr for Landscape Designer $ 50 /hr for Staff 3) Reimbursable expenses shall be billed at actual cost for plan- reproduction, courier fees, postage and handling and any out -of -town traveling expenses connected with the project. Prints created in -house by RGD for submittal will be charged at $ .10 each for 11 x17 sheets, $2.00 each for D size sheets (24 "x36 ") and $ 2.50 each for E size sheets (30 "x42 "). In -house coordination prints shall not be submitted for reimbursement. 4) ALL ACCOUNTS ARE DUE AND PAYABLE IN FULL UPON SUBMISSION OF INVOICE TO CLIENT. 5) A Late Payment Charge of 1.5% per month will be added to all invoices past due. 6) If it becomes necessary incur collection fees and /or employ the services of an attorney to collect debt, then such fees shall be paid by the client. IV. ADDITIONAL SERVICES 1) Any revisions to our drawings, specifications or other documents required as a result of changes to base plans or other information or instructions provided to RGD from the Client or his Architect or Engineer, shall be billed on an hourly basis at our current hourly rates. Any additional services requested by the Client shall also be billed on an hourly basis. 2) When RGD is contracted to prepare plans for the layout and design of roof top hardscape amenities, plantings and irrigation, the Client shall provide the services of a structural engineer. RGD shall rely upon the advice of the engineer for information as to the roof structure's weight bearing capacity, roof drainage, waterproofing systems, etc. RGD shall not be responsible for the preparation of structural, mechanical or electrical construction plans for the roof top areas. RGD is not responsible for any US -1 Bayside Shared Use Path page 2 of 3 ROSENBERG GARDNER DESIGN LANDSCAPE ARCHITECTURE I LAND PLANNING 17670 NW 78th AVE.. Suite 214. MIAMI. FLORIDA, 33015 - HONE: 305 -392 -1016. FAX. 305.392 -1019. CORPORATE #: LC0000266 .vww. ROSENBERGGAR�NER -com construction operations during installation of elements designed by RGD that damage the structure, waterproofing or clog drains. 3) When RGD is contracted to prepare plans for projects that are attempting to achieve LEED credentialing, RGD will make calculations, specify qualifying materials and make recommendations necessary to apply for any points relating to RGD's disciplines. RGD makes no guarantee that these points will be granted. V. TERMINATION This agreement may be terminated by either party upon seven (7) days written notice. In the event of termination, RGD shall be paid its compensation for service performed to the termination date including reimbursable expenses then due. The client may not, at any time, use or allow the use of any work which is either incomplete in any respect, or is not fully paid for, even if complete. The persons executing this agreement warrant and represent that they are authorized to enter into this Agreement on behalf of the person or entity for whom they are signing. We look forward to being of service to you. This agreement is executed this day of 2014. ROSENBERG GARDNER DESIGN By: Ke6 For the Firm Client: Signature Name & Title Printed US -1 Bayside Shared Use Path page 3 of 3