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Item C26 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2014 Division: Public Works/EnAineerin_g Bulk Item: Yes X No — Department: Engineering Staff Contact Person/Phone#: Judy Clarke X4329, AGENDA ITEM WORDING: Approval of Amendment 5 to the contract with Metric Engineering, Inc. for Engineering Design and Permitting Services to add buffer landscaping to the US I Bayside Shared Use Path Project. ITEM BACKGROUND; Monroe County contracted with Metric Engineering, Inc. to provide Engineering Design and Permitting Services for the US I Bayside Shared Use Path Project. As directed by the BOCC at the February 2014 meeting, Amendment 5 adds landscaping design and permitting services to provide a native landscape buffer along the shared use path. PREVIOUS RELEVANT BOCC ACTION: August 2010—the BOCC approved using $1,800,000 of District Three Transportation Impact Fees to design and construct a shared use path adjacent to US I (Bayside) in Key Largo. October 2011 —the BOCC approved a contract with Metric Engineering for Engineering Design and Permitting Services in the amount of$284,943. June 2012 —the BOCC approved Amendment 1 which added$122,900.11 to the contract for Engineering Design and Permitting Services for a pedestrian bridge at Marvin Adams Waterway (MMI03). May 2013 —the BOCC approved Amendment 2 which extended the contract to December 1, 2013. November 2013 —the BOCC approved Amendment 3 which added $1,000 to the contract for the National Environmental Policy Act(NEPA) checklist required by FDOT and extended the contract to June 1, 2014. February 2014— the BOCC approved by resolution a County Incentive Grant Program(CIGP) Agreement with the Florida Department of Transportation(FDOT) to provide funding for the construction of the path.and gave staff direction to work with FDOT to add landscaping to the project. April 2014 —BOCC approved Maintenance Memorandum of Agreement with FDOT for the County to provide maintenance for the Bayside Shared Use Path upon completion of construction. May 2014—the BOCC approved Amendment 4 which extended the contract to June 1, 2015. July 2014—the BOCC approved the construction contract award to Construct Group Corp. CONTRACT/AGREEMENT CHANGES: Adds landscaping design and increases Metric Engineering contract in the amount of$46,993.48. STAFF RECOMMENDATIONS: Approval of Amendment 5. TOTAL COST: $46,993.48 INDIRECT COST: n/a BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: not applicable. COST TO COUNTY: $46,99348 SOURCE OF FUNDS: Dist. 3 Transportation Imact Fees REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: COUnty Atty OMB/Pmc&asifl Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Metric Engineering, Inc Contract# Effective Date: October 17, 2014 Expiration Date: June 1, 2015 Contract Purpose/Description: Appr)val of Amendment 5 to the contract with Metric Engineering., Inc. for Engineering e Shared Use Path Protect to�add landscaping design and 2ermitting services. .............................— Contract Manager: Judy Clarke 4329 ine�rin /I _fag:_-..- (Name) (Ext.) (Department/Stop #) for BOCC meetingon 10/17/2014 '_,--Aanda Deadline: 9/30/2014 CONTRACT COSTS Total Dollar Value of Contract: $ 455,836.59 Current Year Portion: $ 80,860.38 Budgeted? Yes® No El Account Codes: 130-29014-560630- Grant: $ 0 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ r For: (Not included in dollar value above!) (eg,mar ntenance,utifities,janitorial,s,akiries,etc.) CONTRACT REVIEW Changes Date Out Uaten Neede 4 ReviewpTfi Division Director YL Risk Management ( r / ' '' YesE] No[EZ1"' O.M.B./Purchasing ot!L.—(q Yes F-I NoM' N County Attorney q])144jL[- Yes[] No[�fl &LAk qp:E�L-q......... Comments: OMB Form Revised 2/27/01 MCP#2 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. 1361" 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 plan as described in Attachment A $27,000.00 2 Project Management/Coordination $19,257.16 Construction Plan Preparation/Coordination Reimbursable Expenses(Estimated Amount) $736.32 Total Fifth Amendment $46,993.48 Final Plans will be delivered to County by February 17th, 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 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 authorized representative on the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest:AMY HEAVLIN, CLERK OF MONROE COUNTY, FLORIDA By: BY Deputy Clerk Mayor/Chairman (SEAL) Atte METRIC ENGINEERING, INC. By Title (fool .� Titie Sit. 1 d�iOi 6°i0 .' f Y iff l'O N[ Y t,HR GTINE KC LI^"LIW,•,R'f..,BAnRROW 1 ,I4 US 1 Shared Use Path 51h Amendment-Metric Engineering,Inc. October 17,2014 Page 2 of 2 Attachment A (""'I A R D INJ E R DESIGN I V) I r H III July 23, 2014 revised September 16, 2014 Michael McCoy Metric Engineering 13940 SW 136" Street Miami, FL 33186 RE: I 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. 1. 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:-4+984G-2--52--t+-for coordination purposes and to eliminate redundancy. 14Z 4/19 7-2-se-a 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 imeans, 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. 11. 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 Pat page 1 of 3 1" ��'��K� ��I�� K�� U��U � �/\ND8CApE4RCH�TE( TURE/LANDPLAWN|NG �" = e~*k 1, cac �*c�P*1� e °` RGO will prepare any necessary documents necessary to receive permits. RGD will not be responsible to submit the plans through the governing agencies. UUU. FEES 1) The fee shall be $ 27.000 payable as follows: $ 15.00O - upon submission of Conceptual Landscape Plans $ 0.00O - upon submission of0O96 Construction Document drawings $ 4.00O - upon submission of9O96 Construction Document drawings $ 2.00O - upon submission of 10096 Construction Document drawings Contract Administration will be billed on an hourly basis based upon RGO's hourly rates. (dnne shall be recorded portal to portal) 2) Hourly rates are as follows (time recorded portal to portal): $150/hrfor Principal Landscape Architect $120/hrfor Project Manager $ 85/hrfor Landscape Designer $ 5O/hr for Staff 3) Reimbursable expenses shall be billed at actual cost for p|an-reproduction, courier fees, postage and handling and any out-of-town traveling expenses connected with the project. Prints created in-house by RGO for submittal will be charged at $ .10 each for 11 x1 7 sheets. $2.00 each for O size sheets (24''x30'') 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 1.596 per month will be added to all invoices past due. 0) 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 RGOfrom the Client or his Architect or En0ineer, 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 RGO is contracted to prepare plans for the layout and design of rooftop handsoape amenides, plantings and irrigation, the Client shall provide the services of structural engineer. RGO shall rely upon the advice of the engineer for information as to the roof structure's weight bearing oapaoih/, roof dnaina0e, waterproofing systems. etc. RGO shall not be responsible for the preparation of structural, mechanical or electrical construction plans for the rooftop areas. RGO is not responsible for any uo'1eaysme Shared Use Path page uma 1��'��K� ��I�� K�� U��U � �/\ND8CApE4RCH�TE( TURE/LANDPLAWN|NG I I*k 1, cac �*c�P*1� e °` construction operations during installation of elements designed by RGO that damage the structure, waterproofing or clog drains. 3) When RGO is contracted to prepare plans for projects that are attempting to achieve LEEO oredenda|in0. RGO will make oa|ou|adons, specify qualifying materials and make recommendations necessary to apply for any points relating to RGO's disciplines. RGO 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 terminadon. RGO 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 ofthe 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. ROSENBERGGARDNER DESIGN By: �y ms� Ijononer For the Firm Client: Signature Name @Title Printed uo'1eaysme Shared Use Path page ama AMENDMENT 4 TO THE CONTRACT FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY BOCC AND METRIC ENGINEERING INC. FOR THE U.S. 1 BAYSIDE SHARED USE PATH PROJECT THIS AMENDMENT 4 to the CONTRACT is entered into this day of , 2014 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. 136th Street,Suite 200, Miami, FL 33186, hereafter referred to as"'CONSULTANT". WHEREAS,on the 19th day of October, 2011 the parties executed a contract authorizing the Consultant to perform Professional Services for the Design and Permitting Services for the U.S. 1 Bayside Shared Use(Path Project for a sum not to exceed $284,943.00; and WHEREAS,on the 201h day of June, 2012 the parties executed the First Amendment to the Contract for Engineering Design and Permitting Services for the U.S. 1 Bayside Shared Use Path to include design for contraction,completion and submission of all required permit applications and support during the bid and construction phases of the Pedestrian Bridge at Marvin Adams Waterway (MM103) portion of the U.S. 1 iBayside Shared Use Path Project for an additional total not to exceed$122,900.11 with all requirements to be completed no later than March 15, 2013; and WHEREAS,on the 15th day of May,2013 the parties executed the Second Amendment to the Contract for Engineering Design and Permitting Services for the U.S. 1 Bayside Shared Use Path to extend the completion date of this project to no hater than December 1, 2013; and WHEREAS,on the 20tih day of November, 2013 the parties executed the Third Amendment to the Contract for Engineering Design and Permitting Services for the U.S. 1 Bayside Shared Use Path to include the additional task of completion of the National Environmental Policy Act (NEIPA)documentation checklist for an additional total not to exceed $1,000 and also extend the completion date of the project to no later than June 1, 2014; and WHEREAS, project construction is expected to begin in August 2014 and the contract specifies that the CONSULTANT provide services during the construction phase of the project,which necessitates an extension of the completion date; and WHEREAS,the COUNTY finds the extension of job duration and completion date for this project reasonable: NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and CONSULTANT agree to amend Paragraph 7.1.2 of the contract as follows: 1. All requirements shall be completed no later than June 1, 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 and amended on November 20, 2013 remains in full force and effect. Amendment 4-US1 Bayside Shared Use Path Project Page 1 of 2 i a Y In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. BOARID OF COUNTY COMMISSIONERS OF METRIC ENGINEERING, INC. MONROE COUNTY,FLORIDA BY: &64K2 � y r/Chair ian TITLE: The fore oing instrument was acknodged before me ` Y HEAVILIN, Clerk this day of 2D , by 7 � who is F48 W„e+ tdu tiy7 '4"l personally known to me or } produced a driver's license "" hputy Clerk as id ific,ation.. I DATE: NOTARY PUBLIC, STATE OF FLORIDA Print,type of stamp commissioned name of notary DM TOME * MY COMM ISSION#EE 8558GB EXPIRES:March 24,2U17 Bonded Thra Notary Public UnderMters IW ONROE COUNTY ATTORNEY 4� r'� STINE R.i. 9,.Ii418E6V I 'jif'F1ROVyV/S ` q R�R9�JP'0 �'�,SSIS'I�"r,�k'I �i��'d �"�r ATTORNEY Date , .,MJai ., ®,a. Amendment 4-US1 Bayside Shared Use Path Project Page 2 of 2 ° ^ AMENDMENT 3 TO THE CONTRACT FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY BOCC AND METRIC ENGINEERING INC. FOR U.S. 1 BAYSIDE SHARED USE PATH PROJECT THUS AMENDMENT to the CONTRACT is entered into this day of 2013between Monroe County,whose address is1I0O Simonton Street,Room 2-216 Key West, Rohda33U40, hereafter the "COUNTY" and Metric Engineering Inc., a Corporation of the State of Florida,whose address is 13940 S.W. 136 th Street,Suite 200 Miami, FL331D6, hereafter referred toas "CONSULTANT". WHEREAS,on the 19'm day of October,ZOl1 the parties executed a contract authorizing the Consultant to perform Professional Services for the Design and Permitting Services for the U.S. 1 Bayside Shared Use Path Project for a sum not tVexceed $284,943.00;and WHEREAS,on the 2O^m day of June, 2012 the parties executed the First Amendment tothe Contract with Metric Engineering, Inc.for Engineering Design and Permitting Services for the U.S. 1Bayside Shared Use Path to include design for contraction,completion and submission of all required permit applications and support during the bid and construction phases of the Pedestrian Bridge at MarvinAdams Waterway(MM103) portion of the U.S. 1Bayside Shared Use Path Project for an additional total not tnexceed$122,9OO.11 with all requirements tobe completed no later than March 15, 2O13;and WHEREAS, m on day of May, 2013 the parties executed the Second Amendment to the Contract with Metric Engineering, Inc.for Engineering Design and Permitting Services for the U.S. 1 Bayside Shared Use 'Path tm extend the completion date of this project tmnm later than December 1, ZUl3;and WHEREAS,the COUNTY has been awarded Local Agency Program (LAP) enhancement funds from the Florida Department of Transportation (FDOT)for the Construction and CIEI portions of the Pedestrian Bridge which necessitates the completion of the National Environmental Policy Act (NEPA)documentation checklist;and WHEREAS,the CONSULTANT has provided an estimated cost of$I,0QO.O010 complete the additional task;and WHEREAS,the COUNTY finds the estimated cost tobmreasonable: � � NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and ,CONSULTANT agree to amend the CONTRACT to state the following: The CONSULTANT shall complete the NEPA checklist and provide supporting documentation as needed to comply with the requirements of the FDOT LAP Program. � All requirements shall be completed nu later than June 1/2�O14 for a not to exceed amount of � $408,843.11(Four Hundred Eight Thousand,Eight Hundred Forty Three Dollars and Eleven cents) 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 and amended un May 15,2U13 remains |n full force and effect, In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. BOARD OF COUNTY COMMISSIONERS OF Metric Engineering, Inc. MONROE C STY,FL '�u� BY: r,/Chairman TITLE: The foregoing instrument was acknowledged before me my Heavilin,CLERK this ?1 day of 0-C11+0be ir 2013,by 'C \(a<eS Who is BY: personally known to me or( ) produced a driver's license Deputy Clerk as identification. r DATE: 5 NOTARY PUBLIC,STATE OF FLORIDA 'ts\ova �m IE"',I Print,type of stamp commissioned name of notary a�4,r a MONROE COUNTY ATTORNEY APPROVED AS TO FORM: Dt�1ISTIN!I Eh. I�ICa�E4A"�T-I �;FIt ("�"a��a.,... 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THIS Contract (The AGREEMENT) made and entered into this I 91h day of October, 2011 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West Florida, 33040, its successors and assigns hereinafter referred to as the "COUNTY,"through the Monroe County Board of County Commissioners (BOCC), the Owner And Metric Engineering, Inc., a corporation of the State of Florida, whose address is 13940 S.W. 136 1h Street, Suite 200, Miami, Florida 33186, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: NOW, THEREFORE, in consideration of mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE I REPRESENTATIONS AND WARRANTIES By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Project is to be designed, constructed, and operated; 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations, The CONSULTANT shall prepared as a part of this Contract all documents that will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any other of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person based on race, creed, color, national origin, sex, age or any other characteristic or aspect which is not related, in its recruiting,hiring,promoting,terminating, or other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE 11 SCOPE OF BASIC SERVICES 2.1.1 The CONSULTANT will perform for the COUNTY services as described in Attachment A, Scope of Basic Services. 2.2 CORRECTIONS OF ERRORS, OMMISSIONS,DEFICIENCIES 2.2.1 The CONSULTANT shall, without additional compensation,promptly correct errors, omissions,deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENTS 2.3.1 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Monroe County Engineering Services Department 1100 Simonton Street Key West, FL 33040 And: Mr. Roman Gastesi, Jr. County Administrator 1100 Simonton Street Key West, FL 33040 For the Consultant: Mr. Frank Panellas, PE Metric Engineering, Inc. 13940 SW 136 St. , Suite 200 Miami, FL 33186 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and as follows: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the project including physical location of work, county maintained roads and maps. 4.2 The COUNTY shall designate Mon-roe County Engineering Services Department to act on the COUNTY'S behalf with respects to the Project. The COUNTY or Monroe County Engineering Services Department shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or nonconformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultants services and work of the contractors. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury, including death,personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONSULTANT or Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT in any tier, their employees, or agents. 5.1.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.1.3 In the event the completion of the project(to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.1.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.1.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Frank Panellas, PE Project Manager Manuel Sauleda, PE Chief Engineer Charles Alfaro, PE Project Engineer Fernando Larios Designer Manuel Inastrilla Designer Raj Krishnasamy, PE Geotechnical Services Manuel Vera, Jr., PSM Surveying So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII PAYMENTS 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement the Total Not to Exceed Lump Sum Amount of Two Hundred Eighty-Four Thousand Nine Hundred Forty-Three and no cents ($284,943.00). 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, an invoice to the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought that the COUNTY may require, (C) For the performance of the optional additional services and contingent additional services described in Article III of this contract,provided same are first authorized in writing by the COUNTY,the CONSULTANT shall be paid hourly 7 - at the rates as negotiated. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the Project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7ABUDGET 7.4.1 The CONSULANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October ]- September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. ARTICLE V111 INSURANCE 8.1.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a 'result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage, Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.1.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440 Florida Statutes. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars($1,000,000.00) annual aggregate, D. Commercial general liability, including Personal Injury Liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Million Dollars ($1,000,000)per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which they may be reported must extend for a minimum of 48 months following the termination or expiration of this Agreement. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2,000,000,00) annual aggregate, If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANTS liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by including any subsection hereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. 1. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 8.2 APPLICABLE LAW This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Moiuoe County, Florida. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and that it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provisions of this Agreement, 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. CONSULTANT shall have no liability arising out of or relating to any use, reuse or modification of the documents that occurs without the CONSULTANT's consent and professional involvement outside of this project. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assignees and legal representatives to the other and to the successors, assigns and legal representatives of such other party. The CONSULTANT shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five days written notification to the CONSULTANT. B. The COUNTY may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS The contract documents consist of the Request for Qualifications (RFQ), any addenda, the Form of Agreement (Articles I-XV), the CONSULTANTS response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and the attachments and modifications made after execution.by written amendment. In the event any conflict between any of those Agreement documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes), Violation of this section shall result in termination of this Agreement and recovery of all moneys paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit that it or any subconsultant has committed an act defined by Section 287.133, as "public entity crime", and that it has not been formally charged with committing an act defined as a "public entity crime"regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor-list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this Agreement. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to County. 9.9 GOVERNING LAW, VENUE,INTERPERTATION, COST AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue will lie in the 16TH Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body in Monroe County, Florida, This Agreement shall not be subject to arbitration. The County and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non-prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with, the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Mon-roe County. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns, 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NON DISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of` race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 168 1- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance tinder this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 9.21 PUBLIC ACCESS The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver, 9.23 PRIVILEGES AND IMMUNITY All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility, Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTATION CONSULTANT agrees to execute such documents as the COUNTY may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. au tl�I tEss IIJAZE F,� each ai caused this AgreelTICTA tea be execute its duty l� u uru 'ur r a uatat.ive on the days and year first above written,Aj " BOARD OF COUNTY (.'OMMISSIONERS' lf, "L IL�I y, .. By: Deputy Clerk ' Mayor/Chairman Cate: Seal) ,. METRIC N I III,E IS t', INC: Attest: By: ' o 1��'� LIP m i �:, m... ATTACHMENT A SCOPE OF BASIC SERVICES Attachment A Scope of Basic Services The scope of services for the US I Shared Use Bayside Trail will include completion of design for construction, completion and submission of all required permit applications and support during the bid and construction phases of the project, as described below: The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. The design plans must satisfactorily address drainage impacts to swales and ditches, drop off treatments in areas of slope condition, potential encroachments and impacts to wetlands and identify logical termini. 1.0 DESIGN DEVELOPMENT The Consultant will develop the design of the shared use path for approval by the County. The Consultant will obtain FDOT proposed US I southbound resurfacing plans and determine available right of way from mile marker 106 to approximately mile marker 99.5. Where feasible the desired path width is twelve feet. Design Development will include attending one community workshop to obtain input from local residents to incorporate into the design where feasible. 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to Florida Department of Transportation standards, and all Federal, State and local laws and guidelines, including but not limited to the standards contained in the following: 1. Florida Department of Transportation Roadway Plans Preparation Manuals littp://www.dot.state.fl.tis/rddesigii/PPMMant!al/PPM.shti-n 2. Florida Department of Transportation Design Standards http:///www.dot.state.,fl,.Lis/rddesigii/DesigiiStandards/Stat)dards.sbtni 3. Florida Department of Transportation Surveying Procedure http://www2.dot.state,fl.us/proceduraldoctii,iieiits/L)rocedures/biii/5500301 Ol.pd 4, Florida Department of Transportation Drainage Manual littp://www.dot.state.fl.tis/i-ddesign/dr/files 2008DrainageManual.pdf 5. Florida Department of Transportation Soils and Foundations Handbook http://www.dot.state.fl,u.s/structures/Mantials/SFI-I pelf 6. Florida Department of Transportation Structures Manual littp://www.dot.state.fl,Lis/strLictures/manlib.sh.tm 7. Florida Department of Transportation Structures Manual including Temporary Design Bulletins http:f/www.dot.state.fl.us/structures/manlib.shtm 8. MUTCD littp://mLited.fliwa.dot.gov/ 9. American Disabilities Act htti)://www2,dot,state.fl.us/proceduraldOCLIMents/pi-ocedui-es/bin/625020015.pdi' 10. Florida Department of Transportation Flexible Pavement Design Manual l'itti)://www.dot.state..-fl.tis/t)avementi,nana(,?ei,nent/PUBLlCATIONS.shti-n 11. Florida Department of Transportation Rigid Pavement Design Manual htti)://www.dot.state.fl.u.s/paveinen tmanag ement/pcs/RJ guidPavernenfM.,"..uaIJanua 12. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications httn://www.fhwa.dot ov/en Yineeri.ng/jeotech/ Libs/reviewgui,de/checklist.cfin. 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways http://www.dot.state.fl.tis/i-ddesign/Floi-idaGreeiibook/2007/2007FIorldaGreenboo Jj.pdF 14. Florida Statutes http://www.teu.state.n.Lls/Stattites/in.dex.e,fin?,Mode=View%2OStatutes&Subinen.0 =1&Tab=statutes&CFlD=l4677574&CFTOKJ:-�N=8098l948 Where conditions require deviating from FDOT standards the Consultant will apply for and obtain all required variances prior to proceeding. 2.2. The Consultant shall provide Drawings and applicable Technical Special Provisions for the County's review. 2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 5 sets of Construction Documents that have been signed and sealed by the Engineer. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. 2.4 The Consultant shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting-information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 2.5 The Consultant's construction documents (plans, specifications, etc) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for: The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Consultant will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.6 The Consultant shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Consultant shall file (through the County) the necessary documents to obtain Florida Department of Transportation (FDOT) Right of Way permit, environmental resources permits, and all other permits required for construction. The County shall be responsible for the timely submittal of all permit application fees. 2.7 At intervals mutually agreeable to the County and Consultant, the Consultant shall provide drawings and other documents which depict the current status of design for the County's and, if required FDOT's review and information. At a minimum the Consultant shall provide drawings for review at the 3 0% milestone (for public meeting), 60%, 90% milestones and 100% milestone. The Consultant shall provide an estimate of anticipated construction costs, 2.8 As needed by the County, the Consultant will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding, 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Consultant must complete the tasks set forth in items 3,1 through 3.5. 3.1 Survey— Obtain services of licensed surveyor for preparation of construction plans. 3.2 Construction Plans—This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets including locations of existing utilities, Typical Sections, Detail sheets, General Notes, Stormwater Management Plan, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 3.3 Specifications — For general specifications, FDOT Specifications will be incorporated. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.4 Schedules—Prepare an estimate of the Construction Time. 3.5 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. 4.0 CONSTRUCTION PHASE 4.1 The Consultant shall review and approve or take other appropriate action upon Contractor's Shop Drawings submittals for prefabricated elements to be placed permanently in the structure but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. The Consultant will provide answers to Requests for Information(RFI's) from the Contractor, as needed during construction. 4.2 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. 4.3 The Consultant must reimburse the County for any added costs paid by the County during construction that were incurred as the result of any error, omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. This added expense is defined as the difference in cost from that which the County would have paid if the work was included in the bid, and the actual cost presented by the Contractor. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of FDOT Bridge Inspection Reports or physical inspection of a bridge by the Consultant. 5.0 CONSTRUCTION COST Contemporaneously with the submission of the Design, the Consultant shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. 5.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Consultant. 5.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for Contractor's overhead and profit. 5.3 Construction cost does not include the compensation of the Consultant and the Consultant's consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.4 The Consultant agrees that, should the bid for construction of the project exceed its estimate by ten percent (10%) or more, it will redesign, redraw or rebid, at no additional cost or expense to the County, until the bids are within the stated limits unless such variations result from reasons outside of the CONSULTANT'S reasonable control. ATTACHMENT B CONSULTANTS COST PROPOSAL METRIC ENGINEERING Proposed Scope of Services for Engineering Design and Permitting Services for the US-1 Bayside Shared Use Path Monroe County The project "Engineering Design and Permitting Services for the US-1 Bayside Shared Use Path" consists of developing design and construction documents for the addition of a shared use path adjacent to the north side of US-] from approximately mile markers 106 to approximately mile marker 99.5. The sections below describe in further details the scope of services to be accomplished as part of this project. The effort and fee estimate associated with the landscape architecture services has been included in this scope of services for review. The attached fee estimate following the scope of services includes the associated effort for Tasks 3 to Tasks 8. Similarly, there are detailed fee estimates attached for the geotechnical work to be performed by Tierra South Florida as well as the surveying services to be performed by MG Vera&Associates. Project General Tasks (Task 3.0); The scope of this task includes preparation of all required exhibits and attendance to one public information meeting to be held for this project. This task also includes the completion of the project's specifications package as well as the maintenance of the contract for the duration of the project. In addition,scope includes attendance of the project manager to critical meetings. Roadway Analysis (Task 4.0): Scope includes the design of the shared used path following FDOT requirements. As part of these services we will prepare a proposed typical section package to be submitted to FDOT for approval. The design phase will include the creation of the proposed shared used path alignment, proposed profile and proposed cross sections every 100 feet as required by FDOT. In addition,this task will also include the preparation and submittal to FDOT of a design variation for all locations where the proposed shared use path will not be able to maintain a minimum width of 12 feet or a horizontal clearance of 4 feet to obstacles. ME.'"RIG�qPLAZA • CSC.: �'O P PA"'E. 4��i�::1 DQL F'r' EP 1A. -z; 1?940.".4W 136 Sii-eet,Mianii,FL33166 resign:Suite 21'0Q•C;CI:Suite t n Phone:(30-S)235-SO98-Fax!(30')251-,509�1 x Acct.&P ei'sonne!Fa :E30Sj 2:3552- 71 vrw�v.rnPtric: nci_orr METRIC ENGINEERING The roadway analysis will also include the analysis and design of any proposed signing and pavement marking modifications, such as addition of crosswalks,relocation of signs,etc. In addition,this task includes the preparation of two construction cost estimates during design as well as the field reviews needed by the technical staff. Roadway Plans (Task 5.0): This task includes the preparation of all the construction document plans for the proposed shared use path. This task is based on three major submittals; one at approximately 60%, one at 90%and one final submittal, As part of this task we will complete all the required plans including Key Sheet, summary of pay items, drainage maps, typical section sheets, general notes sheet, summary of drainage structures, optional pipe sheet, plan sheets at scale 1:40, profile sheets at scales 1:40, miscellaneous detail sheets, drainage structure sheets, storm water pollution prevention plan,and the addition of the project network control information as provided by the surveyor. Drainage Analysis (Task 6.M- V/1 This task will include all required analysis and documentation to ensure that the proposed drainage system satisfies the requirements of the additional impervious area added by the shared use path. As part of this task, we will determine base clearance water elevations based on geotechnical results and design a proposed drainage system consisting of a combination of swales with ditch bottom inlets and French drains. We will also compile all the design documentation and calculations into a drainage report to be submitted to Monroe County and FDOT for review. Utility Coordination (Task 7.0): Scope includes requesting the existing information from all utilities within the project corridor to be included in the proposed plans. These services also include coordinating with the utility companies if any relocations are required to avoid utility conflicts. Environmental Permits (Task 8.0): As part of this project, we will review existing permits regarding easements, mitigation, conservation areas, related commitments and other projects along proposed area of path to identify and minimize impacts, These services will also include the required field investigations to confirm that there will not be any impacts to any existing wetlands. The submittals to be included as part of these services include a letter report of findings, the completion of the FDOT Permit Involvement Form,and the submittal of the request of exemption for the permit applications. 10 -!-P 4 r; ILL.:.:Z'A - r�'G P r-0�-AT F, H E.A t*l"'f(J A"R)F.,R G' 136',tre--ny,MJeriii; F,'.'31 S16 200- 107 Phone:i3V,215-SO08-Fa,,': •'�`r v,� iy� A.METRIC } ' ENSINEERING Geotechnical Services: Please refer to attached detailed scope of services and fee estimate from Tierra South Florida Surveying Services: Please refer to attached detailed scope of services and fee estimate from M.G. Vera&Asssociates. [.X?5.i0,r7:;01 e 200-C F:I:S met;?0 t"'Irrn�:(.�C3ti) }�7•ry �.r,%-Fr,X �'fti,�l 2' >?`;'� A,-,.T K;Fers(,rire1 Fjk: u!b^JLv.i'YiajriCe d1CY.CCtiril ESTIMATE OF WORK EFFORT AND COST-PRIME CONSULTANT No—of PI.Jd� US-1 solve,Shafed Use Pau, C-outee,N N.— Movi,Erg—,ig.Inc. County' M....co."y Consultant No, -tw PPN� Dome, 9115t2011 FAR N., EAUrn.to, rP Hieoll From ....Y1 SUN Cie..' S."CI...I. St."CI...I. Stan Coossi. Stott classi� staff Cie vi. SIT 1 111.11 A,,,,* SLIN,CI.o.6.vB. SIND— m...p, '7 S.C..Ne.1 fi—m..7 OeafionB licat1..9 U.N..10 0.0..11 G.U..12 By Co.,By Rate P er Summary Ferri $wcl' "I i'�IX, Ac"y AdWoy Took 3.Project P'.j.ol Co—Tell. 132 3 0 13 30— 66 7 132 $5,'M $39 Q G 63, Ro.�vt,A.1y 630 13 63 63 Ils 31S $24890 11 'Z:' 5 Nolte—Pit. 735 is 7 169 368 737 $29- . , 6 M&N,"miop, om 1 1: 41 43 lo 406 $,6,0030 S 9.48 7 001hito, 52 1 1 5 12 IE 1 52 $2,W7 $39,17 8.11111— W 1 Pvlmkl.C9mpflarvca 8 Clolovii— 0 1 1 4 10 22 2 - "'-S S.. H.S V."—.-mi.,T.R.,DWOo.N—Tech. #DIVMI s,-.::,1111g*Do,.op—R.Po, #m I 'IE"-: T:: G6d`M :D=1 12 Suwtel s SPN Concrete 81 49e DIV01 � tGV0: 4 so. Meet Bmp. DVA S.it.e—,. ....Btoo , No Sp. pDNNt11 —0 Weile pGIVrot Is :01VIO, 20. ig DIVID! 'PA='m Markingm.. R""i' It DrVia ODIVIO 22. ""I"P", MDIVNI 23,Ughfi,,.--'Y- #D�Vo ,LID,,,,P'aI 'DV0 ! 5.Land—pa , allure Am lsi, 00,K) 28.Ll.o.v, A"N'to:v Plane 0VVDI 27.Survey fFeId I Dike S,ppol) 'DIVO 2 P),oto,—, 'D ViDI 2:.Mapping IN) I M Go.4-1.1 'UV10I 31.A,..—..D—N,—I 'D V101 32. ve VDIVIO) No"1,1—to, I Deo,'l A #cHVf0I W Tlanaperlalion S"iteve Me- #DIVMI T..j S."Mo.,. 200 2W 4- 1— 1.,2,._,B Co I T—I Still Coot $2,070.00 $13,00S.00 510,D0000 $XS55,OD 'T.".00 S2�424GO C.ol,- $78,949.00 rl:;n,t'Fiats Days by SubconsuuaM SALARY RELATED COSTS: $78,Ngm u Parson Crew OVERHE O' 5134,900,16 OPERATING MARGIN: $2U,526.74 No(mm: FCCM(F-14ill ClpRlI Colt M-y): 1306,43 1.TN6 W-1 to be used by P—C-112,11 16 C—Illd INd GoNl TINI five E XPENS ES: A 58'976'50 4— 2.Mao,vvyvAe,fee ftmo—s,b—,flvoI Vnuted—o-4--m ll — LI yoode $-ey IN �If by P&vo) o.y I day SUBTOTAL ESTIMATED FEE; $243,140,83 G'—h'k 1: TWN.South n.,W. S—.,: MG V—a—W.. SUBTOTAL ESTIMATED FEE 1284,943.04 OPTIONAL SERVICES ESTIMATED FEE: L.od—pm': SM PUbIw_Iftma 7,be dom by Marv.County GRAND TOTAL ESTIMATED FEE: Ii2B4,643.04 Fee v—m.k P.D.5 d116 9,1f✓i0"