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Item C30
1 Meeting Date: June 20, 2012 Division: Public Works/Engineering Bulk Item: Yes X No _ Department: Engineering Staff Contact Person/Phone #l: Judy Clarke X4329 AGENDA ITEM WORDING: Approval of amendment one to the contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the US I Bayside ,Shared Use Path Project to add engineering design and permitting for a pedestrian bridge over the Marvin Adams waterway (MM 1.03). ITEM BACKGROUND: The community expressed a desire to construct the shared use path from approximately MM 106 to MM 99.8 in Key Largo. The project is described in the draft Key Large Community Master Plan (2006). Amendment One adds design of a pedestrian bridge at Marvin Adams Waterway so that pedestrians and cyclists will not have to utilize the shoulder of US 1 to cross. PREVIOUS RELEVANT BOCC ACTION: In 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. In January 2011 the BOCC approved advertising the RFQ for Engineering Design and Permitting Services. Tn June 201.1 the BOCC gave approval to negotiate a contract with Metric Engineering, Inc. In October 2011 the BOCC approved a contract with Metric Engineering, Inc. for design and permitting of the Shared Use Path. CONTRACT/AGREEMENT CHANGES: Add design and permitting services for a pedestrian bridge at Marvin Adams Waterway (MM 103). STAFF RECOMMENDATIONS: Approval as requested above. TOTAL COST: $122,900.11 INDIRECT COST: n/a BUDGETED: Yes No DIFFERENTIAL OF LOCAL P FI+.RENC: not applicable. COST TO COUNTY: $122,900.22 SOURCE OF FUNDS: _Dist. 3 Transportation Impact Fees REVENUE PRODUCING:.. Yes _ No x AMOUNT PER MONTH Year iel- PROVED : County Atty OMB/Pur biasing Risk Management` Ir DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM 4. revised 7/09 'i # ;•� i # # # # • CONTRACT SUMMARY Contract with: Metric Engineering. Inc Contract Purpose/Description, Amendment One adds end services for the US 1 B Contract Manager: r �# Contract # Effective Date: 06/20/2012 Expiration Date: ing design and permitting services for a ray (MM 10 ) to the contract for desigi ayside Shared Use Path in Kev Larao. trian Judy Clarke 4329 Engineering/#1 (Name) (Ext.) (Department/Stop #) on 6/20/2012 Deadline: 6/05/2012 CONTRACT COSTS Total Dollar Value of Contract: $ 122,900.11 Current Year Portion: $ 60,000 Budgeted? Yes❑ No E Account Codes: too dfo '4 -3 4 c Grant: $ - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Date In Changes Nee* ee d Rev'ew r Date Out Division. Director _ Yes❑ No': Rusk Management Yes[-] No[] O.M.B./Purchasing o l°Yes No® County Attorney Yes® NoO isgalft -&-nAL�o wu t4 P Comments: OMB Form Revised 2/27/01 MCP #2 eiric Engineering, Inc. for Engineering Design and Permitting SeMces for the U.S. I Bayside Shared Use Path This Contract Amendment is made and entered into this 20'h day of June, 2012 by and betweer 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. 13Wh Street, Suite 200, Miami, Florida 33186, its successors and assigns, hereinafter referred to as "CONSULTANT", Article 11 SCOPE OF BASIC SERVICES is amended to includei Paragraph 2.1.2i The CONSULTANT will perform design for construction, completion and submission of all required permit applications and support during the bid and construction phases of the Pedestrian Bridge at Marvin Adams Waterway (MM 103) portion of the US 1 Bayside Shared Use Path Project as described below and in Consultant's proposal included as Attachment A, The scope of services for the US I Bayside Shared Use Path Pedestrian Bridge will include develo[iment and completion of desi�;n for construction -*,erm it ax-lications and u rt ur the bid and construction phases of the project. All work will be conducted in accordance with current FDOT, State and Federal requirements, The Design for Construction shall include, but shall not necessarily be limited to, plans and necifications which describe all sgstems, elements details-,=Ponents, 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 Consultant will develop the design of the Bayside Shared Use Path Pedestrian Bridge over Marvin Adams Waterway. The design will conform to Florida Department of Transportation (FDOT) standards, and all local, state and federal laws. Design will be sufficient to obtain all required permits including FDOT right of way permit. This task includes completion of the Bridge Development Report and environmental permits, compliance and clearances work. Consultant will proceed with Optional Services (Bridge Hydraulic Report) only if determined upon completion of preliminary design phase that the report is required. 2.1.2.2 CONSTRUCTION DOCUMENTS (FINAL DESIGN AND CONSTRCTION) Based on the Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project, the Engineer shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requ�irements for the construction of the project. Construction Amend I to US I Bayside Traif Metric Eng, Page 1 of 6 documents shall conform to all local, state and federal laws and the standards contained most current version of the following: 1. Florida Department of Transportation Roadway flans Preparation Manuals httla:/fwww.do(.state, fl.ujh-ddesi zrti'`1'Pi NfanualrPPN1.shtm 2. Florida Dcpartrncnt of Transpottation Design Standards hft://ww%v €lot„state.fl.us,`r iciesi 3esi ��5tarl lards .tan nci .:stator 3. Florida Department of Transportation Surveying Procedure l-,tti)://-,vww2.dot,state.fl.teslprocedtiraldocumendproctclures.bi,i,.§50030101.pdf 4Florida Department of Transportation Drainage Manual litt ://www.dof,state.fl..usl.rddesi nfdr/f:iles/2008Drajnag eManual, df 5. Florida Department of Transportation Soils and. Foundations Handbook htt :iAvww dot. state. fl.issr tructures/Mgt ltalsf�i' l.o�if 6. Florida Department of Transportation Structures Manual (625-020-018) including Temporary Design Bulletins ht.://www.dot.state.fl.usfstrttcturesiStructttresManuall `urrei-tRc_leasc ST M,Inlial,lltlx,l 7, MUTCD k tipalrnutcd.f}j:va dot.aovf 8. American Disabilities Act ht.tp:,//www2.dot,state.H.us/rocecittraldocunientsl rocedures/bit-L,/625Q i1015, df J. Florida Department of Transportation Pavement Coring and Evaluation procedure h ://wwwAot:,Mate,fl,us/statemateriaisof#iccladministration!"resources/librarvi`ptit tislmater€a isrnan_tialidocun3vnts/v 1-section32-c lea nod' 10Florida Department of Transportation Flexible Pavement Design Manual h ,//wv rw.dot.state.fl.usi avementii at-ia lci-nentC.PUB.L:1C; TIONS.s#;tor 11. Florida Department of Transportation Rigid Pavement Design; Manual htt ://wvw"i.dot.state.fl.usi aveme-ntmarsa ement! cs/ is idflaveinentNianoal.lantsa 1 00 E, Rclf 12. Federal Highway Administration Checklist and Guidelines for Review of Geolechnical Reports and Preliminary Plans and Specifications 31ttn:flwcvw.fl�wva.dot.aovlenaincr�rrg/eot clt/ts/reve�u�ieic9cklist.cfrr. 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways h.tt ://www.dot.state.ff.tdslr€idesi.-ix'FloricdaCTreenbook/200':200i'FloridaCirceiibook.pol 1. Florida Statutes httw wwW,11ea.,state.tl.a;SiStatute:siindex,cfm'?Modc=View���/U?.Ci,St,�tutes Submeng I&J'a Amend 1 to US 1 Bayside Tail Metric Eng. Page 2 of 6 b=statutes&CFlD=1467 7574&,CFTOKEN--SO981948 15, Florida's Bicycle Facilities Planning and Design Handbook. http: /,-*ww.dot. state. fl. u 20 Handbook 16. AASHTO Guide for the Development of Bicycle Facilities b.a:,,'/Nvww.scertL.orgi.tikes,'AAS-t-.TTO 1999 Bi-keUQpkpdf 17. Florida's Quality/Level of Service Handbook for Planning httI2:h%v-ww.dot.state,fl.us/ ,.�%A,2.ht-rn 18. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5 AASHTO Bookstore). 19. The Highway Capacity Manual (Transportation Research Board) 1=r=.:/16,ulliver.trb.or�-,ibookstore,' 20, FDOT Standard Specifications for Road and Bridge Construction (with supplemental specifications). http:,!Nvww.dot,state.0,U--,/SDCCi.ficationsoffice/2007BK,'TOC.htm 21. Facilities Design Manual (Topic No. 625-020-016-a) littp://www.dot,st,3te,tl.us/structuresNIanuals/2002fdotfac.ii.itie.,;marnual.pci 22. AASHTO LRFD Bridge Design Specifications (Mandatory beginning 2007) (AASHTO Bookstore '4-LRFDUS-4) 23. Right of Way Mapping Procedure (Topic No. 550-030-015-e) htlp:/'t'Www.dot.stato.fl.,us/siirveyingaiid mWpiiig/RWMa.E)viiLi_gEaildboqkpdf 24. Project Development and Environmental Manual Par I and 2 (Topic No. 650-000-001). httD:t',INVWW,.dot.state,fl.tis;iemo/pbsipdei-nan.htm Where FDOT design standards cannot be met the Consultant will request a design variance or exception. 2.1.2.2.2 The Consultant shall provide Drawings and applicable Technical Special Provisions to the County for the County's and FDOT's review at the 60%, 90% and 100% stages of the project. The Consultant shall respond to questions resulting from County and FDOT review and incorporate any required revisions to the construction drawings and specifications. Design calculations package will be submitted with the 100% phase construction drawings. 2.1.2.2.3 The Consultant will provide a construction cost estimate and a project schedule at each phase submittal. 21.2.2.4 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. 2.1.2.2.5 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 Amend 1 to US 1 Bayside Trail Metric Eng. Page 3 of 6 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. 2.1.2.2.6 The Consultant's construction documents (plans, specifications, etc.) will conform to FDOT's requirements, to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this A 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, agency or FDOT 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. 2.1.2.2.7 The Consultant shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Engineer shall file (through the County) the necessary documents to obtain Environmental Resource Permits, Florida Department of Transportation right of way permit and all other permits required for gv,*Vpupom" fees. 2.1.2.2.8 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. 2.1.2.3. CONSTRUCTION PHASE 2A.Z3.1 The Consultant will respond to Contractor's requests for information (RFI's), 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 oiner (37MAs sucn as olmensions anu 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. Amend 1 to US I Bayside Trail Metric Eng. Page 4 of I 2A.2.3.2 The Consultant shall, without additional compensation, promptly correct any z!�rrors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both, W-fi- WINg. r-I C-1 M 1; 2.1.2.3.4 Upon completion of construction the Consultant will submit 2 sets of signed and as built drawings. Updated design calculations will be submitted if different from 100% phase submittal. 2.1.2.4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 2.1 Z4.2 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 Engineer, plus a reasonable allowance for Contractor's overhead and profit. 2.1.2.4.3 Construction cost does not include the compensation of the Engineer and the Engineers consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility of the County. 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 ot expense to the County, until the bids are within the stated limits unless such variations resull from reasons outside of the Consultant's reasonable control. Article Vill Payments is amended to include, Paragraph The Consultant shall be paid monthly for the Pedestrian Bridge design and permitting; the following not to exceed amounts will apply for each phase of the project: Design Development (Preliminary Design) $37,92101 Construction Documents/Construction Phase $54,492-36 Bridge Hydraulic Report (if required) $30,484.74 An 1 to US I Bayside Trail Metric Eng, Page 5 of 6 IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly BOARD OF COUNTY COMMISSIONERS (SEAL) Attest'. DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA i3y----- By: - mayor/Chairman Deputy Clerk (SEAL) METRIC ENGINEERING, INC.- Attest' B� By V�rtTitle Title Amend I to US 1 Bayside Trail Metric Eng. Page 6 of 6 W )METRIC ENISINEERING Engineering Design and Permitting SeMees for the Pedestrian Aridge along US-1 Bayside Shared Use Path over Marvin D. Adams waterway The project "Engineering Design and Pen-nitting Services for the US-] Bayside Shared Use Path' consists of developing design and construction documents for the addition of a shared tise path adjacent to the north side of US- ft�orn approximately mile markers 106 to approximately mile marker ",5. The proposed supplemental ,scope includes the design of a new pedestrian bridge crossing the Marvin D. Adams waterway. The sections below describe in further details the scope Of services to be accomplished as part of this project The effort and f= 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 5, 6, 8 to 10 and Tasks 13, Similarly, there are detailed fee estimates attached for the geotechrucal work to be performed by Tierra South Florida as well as the surveying services to be Wormed by MG Vera & Amciates. Pro act General La_sks LLask 3.0 - j Included u rider the general scope for the Shared Used Path. Roadway P14us T.L ask 5-0 Scope includes the preparation of the Bridge Hydraulic Recommendation Sheet for the proposed structure. This particular task can be considered optional services, if coordination with FDOT during the execution of Task 10 warrants the sheet is not required by minimizing impacts to the waterway. Dr i qSLAnaLs a Scope includes the preparation of the Bridge Hydraulic Report for the proposed structure, This particular task can be considered optional services, if coordination with FDOT during the execution of Task 10 warrants the sheet is not required by minimizing impacts to the waterWaY. k 1 4" M E T R I C FENsINEERING 241 Z=� En viron men tal Pe rm its aask L. OJ .4 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 rquired field investigations to confirm that there will not be any impacts to any existing wetlands. The submittals to be ineZuded as part of these services include a letter report of findings, the completion of the FDOT Permit Involvement Form, and the submittal of the reclucst of exemption for the permit applications. This S&uctures — Summary and Miscellaneous Tasks and DraMk&L- L As part of this project, we will prepare general drawings, construction cost estimates and specifications, conduct field reviews and attend technical coordination meetings as listed in the summary form attached. 7 71 llililillill 1MO2411 Wn ��M As part of this project, we wit] prepare a detailed report outlining the possible types of structures feasible for the intended used and location of this pedestrian bridge. A maximum of three alternatives are anticipated and include: Prestressed Beam Structure, Steel Girder Structure and utilization of a prefabricated bridge. The report will also evaluated the most feasible foundation system for till superstruct-ure alternatives. Structures —Medium Span Con crete Brid e (Task 13. 9): As part of this project, we will prepare detailed construction plans and structural calculations for the selected bridge alternative. All calculations and drawings will follow the current edition of the MOT Structures Design Guidelim and the AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges. Gago Lech n —1calSe rvi ces: Please refer to attached detailed scope of services and fee estimate from Tierra South Florida daignkm Please refer to attached detailed scope of services and fee estimate from M.G, Vera & Associates, YV4 0, V C D, A F 7 5 lerra SOUTH FLORIDA November 18, 2011 Mr. Oscar Cruz Metric Engineering, Inc. IJ940S4_.1136 Jireet Suite psfflumn =#- M-4 Re, Proposal for Geotechnical Services Proposed Pedegtrian Bn*dge Key Largo, Florida TSF Proposal No.� 1111-386 'h As reqUeS7e—a—'TFE7VV7S=-Y pleased to submit this proposal for t e above -referenced project- This proposal includes an outline of our proposed scope of work, an estimate of the total fees, and our anticipaied schedule for cornpof the work, ,proposed pedestrian bridge, We understand that the proposed pedestrian bridge will be 120' long "Flif �It below existing grade:. from topographic plans if furnished by others. Prior to drilling at the project site, TSF will notify the local utility companies and request that underground utilities be marked- Our experience, however, identified by o1hers. The study will be summarized in accordanee: with the FDOT's Soil and Foundation Manual. 2 - vl 711 3 VT S i J!"i '� 1 "A i !A A(f �Topm -� .' ."A�j4 : T 1 MI�WJTF T =17 A gcowchnical engineer wi 11 evaluate the results of al I dril ling and laboratory testing. A report wi It be issued that contains the exeloration data, a discussion of the site and subsurfke con4ifi-x I I � �111��11111 1111IT111 'i�llill I IIITI�q iiilqiii�l� WMMMMMEM= I I I i' I � �ii I I I TSF's General Conditions enclosed herewith and incorporated into IWs pmposal, The estimated f= for the project are attached. Our estimate covers the work needed to present our findings and recommendations in a fonna-, report- Not included are reviews of drawings, preparation of construction specifications, specW conferences and any other work requested after submittal of our report. TSF will proceed with the work after receipt of a signed copy of this proposal. Withour present schedule- we can commence work within several dA�aofprqject a -roval(weatherNrrnitting�—�'� fieldwork will take about two days to complete. The written report ran be submitted about two program. Verbal preliminary recommendations can be made to appropriate parties prior to submittal of the written report. on this project. If you should have any questions concerning our proposal, please contacl our office, mmwlm��M. Rai Kris samy, P.E. Principal eetechnical Engineer! President AUTHORIZED BY, INVOICE TO Name: Firm: Tide: Name. Date: Address- "M. G. Vera & Assoc, Inc. ENGINEERS93URVEYORSoPLANNERS G. Vera & Assoc., Inc. ENGINEER5#3URVEY0R8*PLAKNERS 27M Topouraphic Sum ipa Topographic and DTM Survey has been completed under a previous project. Note: 27.09 Ciltnal Soundings Canal soundings will be performed along the proposed pedestrian bridge. 1L.27 Werk ZQnkJRWZ Provide work zone as required by F.D.O.T, standards m2m: FDOT does not have any current survey information for this project. A surveyors report will be prepared; signed and sealed copies will be provided for all design survey tasks. If additional tasks are required beyond the aforementioned items, MG V will provide an additional fee esurnate Cost and Man-hour break4own Please refer to FDOT Project Activity 27: Survey Man -Hour spreadsheet for our man-hour breakdown and to the Fee sheet attached here -to. We look forward to providing our services and please contact me if you have any questions or require addi0onal Information, Sincerely, Manuel G. Vera Associates, Inc. Manuel G. Vera Jr. Phil MAN G. VERA & ASSOCIATES, INC. 13980 SOUTHWEST 47 TO STREET MIAMI, FL 33175 PH ONE 13 05) 221-62 10 ® FAX (305) 221-1295 ® ON THE WEB Q WWW. MGVERA.CC M Key Largo Pedestrian Bridge irate: 4/26/2012 Summm of Design Fees per Task Pe EI PrAect Pim 01,2073 USI Bi)Lslde Shared Used Path I Proposed Pedestrian Bridge .. ............ .... I�W-tructurps - Misr. Tasks, Non Tech- � � � T' Totas Average Loaded Hourly Rate 12134 T07AL $ 122,900,11 fl;�CONTAACTkl,2073 W� 10ayko Wro Wa Path Contract for Engineering Design and Permitting Services for U.S. I Bayside Shared Use Path. THIS Contract (The AGREEMENT) made and entered into this I9`� 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. 130 Street, Suite 200, Miami, Florida 33186, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNIESSET14: 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 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; LIA The CONSULTANT assumes full responsibility to the extent allowed bylaw 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. 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 =I Mr, Roman Gastesi, Jr. County Administrator I 100 Simonton Street Key West, FL 33040 For the Consultant: Mr, Frank Panellas, PE Metric Engineering, Inc. 13940 SW 136 St_ Suite 200 Miami, FT, 33186 h 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 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 Monroe 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. .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 LESS 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 attorneys 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 ($10.44) 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 hint 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. .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. 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 Frank Panellas, PE Manuel Sauleda, PE Charles Alfaro, PE Pernando Larics Manuel rnastralla Raj Krishnasamy, PE Manuel Vera, Jr. PSM FUNCTION Project Manager Chief Engineer ProjeCt Engineer Designer Designer Geotechnical Services 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. ff 30 '�`11 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 ('S284,943.00). 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 at the rates as negotiated. 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; 7.4 BUDGET 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 l- 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 VII1 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. hest 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. ce of One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2 E. Professional liability insurance 0,000.00) annual aggregate, If the policy is a "claims ,00 or purchase a "tail" to cover made" policy, CONSULTANT shall maintain coverage the statutory time limits in claims made after completion of the project to cover 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. ic, olf-insurance fund, a Certificate of Insurance I. if the CONSULTANT participates in a NSsU , LTANT may be required to submit updated will be required. In addition, the CO 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 Monroe County, Florida. 9.1 SECTION HEADINGS been inserted in this Agreement as a matter of convenience of reference Section headings have no only, and that it is agreed that such section headings are not a part of this Agreement and will t 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 al of the Boardl of County Commigations under is sonars far Monroe greement except in writing and with the prior written pp County and the CONSULTANT, which necessary val shall be subject to Thisparagraph shall be corporat d byand ference provisions as the Board may deem �' into any assignment or subcontract and o theny ssignee or provisions of thentractor shall comply with all of mmediat immediately p©eceding sentence, e provisions of this Agreement. Subjectp each party hereto binds itself, its sucal representatives ep esentati assignees ofsand legal such other partys The CONSULTANT to the successors, assigns and legal repre 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 nt in any aspect of service, the COUNTY shall have the right to terminate this Agreement after live 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. .6 CONTRACT DOCUMENTS The contract documents consist of the Request for Qualifications (RFQ), any addenda., the Form of Agreement (Articles 1-ACV), the CONSULTANTS response to the RFQ, the documents referred to in the Form of Agreement as a wri� �n amart of this endm�nt�In the evcnment, and hany�co chments ct b and any modifications made after execution by of those Agreement documents, the one imposing the greater burden on the CONSULTANT will control. 9.1 PUBLIC ENTITIES CRIMES A person or affiliate who has been place on t convicted eor list goods following or s a co v to on fair public entity crime may not submit a bid on contracts to provide 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 gb Ong placed on the convicted 17 of the Florida statutes, or CATEGORY TWO for a period of 36 months from heo 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 See. 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 16 TH 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 COTS 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 Monroe 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, seep, 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. 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. 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. 1681- 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 under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 919 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, corparation, 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. 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. NO PERSONAL 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. F •. . ! , • d .28 EXECUTION IN 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. WHEREOF, each party caused this Agreement to be executed by its duly sentative on the day and year first above written. � p BOARD OF COUNTY COMMISSIONERS Y L. I .OLHAGE, Clerk OF O OE �COU TEL FLORIDA " 1 d v ® Jm By: By. Deputy Clerk Date: Eq 2- i Ps By: WITNESS Title; 'a tr iJit 7`� !� By: WIVE S CD 4CH,:lST1Ni hi. r i -ANT C> Attachment A Scope of Basic Services Shared Trail will in esign The scope of services for the 'US 1 e Baayllde required permit applicationsude l and son ofupport for construction, completion and submission 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, Clements, Th �DcsigncfortConstructioaneshall'be a equ�urate, and other information necessary for construction. coordinated and in all respects adequate or construe and re ula©ons.dPr�odu Prall be oducts, equip mentyanddma materials with all applicable law, codes, permits,is seen by specified for useThe shall desi readily n plansavailable satisfactorily unless written addressr drainage impacts to swales and the County. g potential encroachments and impacts to ditches, drop off treatments in areas of slope condition, p wetlands and identify logical termini. 1.0 DESIGN T)EVIEJLQT*MEN'I" The Consultant will develop the design of the shared use path for approval ansby handodet The Consultant will obtain FDOT proposed US 1 sauthbound resurfacing p available right of way from mile mt. ker Design Development nt will 1 include attending e community ty to approximately mile mark r 99.5. Where f a le the desired path.. width is twelve feet. g workshop to obtain input from local residents to incorporate into the design where feasible. 2.0 CONSTRUCTION DOCUMENTS PHASE struction uments 2.1 The Consultant shallpreparefor approval by l%rth theCount detat 1, the urequirenr�e�ocf� the consisting of Drawings and Specifications of construction of the project. Constructionall conform to laws and guidelines, incud ng buttnot Transportation standards, and all Federal, State and local limited to the standards contained in the following: 1. Florida Department of Transportation Roadway flans Preparation Manuals lrtt :/f �✓w.dot.siate.fl,trslydcIesi Tn!PPMMantlal/pPM.shtin 2. Florida Department of Transportation Design Standards htt.11www.dot.stae.tl.uslyddesignlDc I nStandards/Standai-ds.shtnI 3. Florida Department of Transportation Surveying Procedure http:/iwww2 chat state.fl.usiuroceduraldncunie.nts/ rocedureslbinf55003010l.udt 4. Florida Departrent of Transportation Drainage Danual ualeanu.i taf 5, Florida Department of Transportation Soils and Foundations Handbook htt :/Iwww.dat.state.fl.us/structures/ManualslSFll. cif 6. Florida Department of Transportation Structures Manual http:/fww,v.do state.fl.usfstructures/i"aanlib.sh.tna Florida De artrnent of Transportation Structures Manual including Temporary Design Bulletins http•//www dot state f1 us/structures nn-lan]ib.shtm 8. MU`fCD http'//Itlutcd,fl7wa.dot.l ov,r 9, American Disabilities Act http:fiwww2 dot state fl usfrroceduraldocurt,,entsit�rocedures/ n/n/b?5 220015.ud,f 10. Florida Department of Transportation Flexible Pavement Design Manual hrrn-//www.dot.state.fl.us/pavemcnttnana«ctnent/PUBf ICATIONS.shtrn lD 12. 13 Florida Department of Transportation Rigid Pavement De Manual Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications liqp://www ov/en ineerinf=( eotechl Labs/review rutde/checklist.cfrn Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways �r� _ �a�,-..,,..,r�,,,1sl�nn`7/'7nni�lnrorlaf Treent7oa 14, Florida Statutes http:l/www.lea. _1 A, Tad,=ctatattt Where conditions require deviating from FDGT 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 cast 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 greement, and shall be of such pletion as to be departments, in effect at the date of saidsa�encies when permits are applied form The Consultant acceptable for review and ruling by g envies as shall use due care in determining permit requirements and shall meet with regulatory agencies all necessary to coordinate specific permitregulatory requirements. agencies. Consultant upermits glare odeniedt Iffor d e meetings and conversations with s g then incompleteness or for lack of following said codes or regulations, or pen -nit requirements, the Consultant will conform theconstruction Consultant dO cum such plans. Work required by conform documents to federaents in such manner to l, permitseive 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 over project. the County) all documents TheConsultant sha i file (through governmental authorities having jurisdictionon the County) the necessary documenttoopermits, Florida Department all totherof rpesririti a retlui edCf r Right of Way permit, environmental resources construction. The County shall be responsible for the timely submittal of all permit application fees. ant, the Consultant 2,7 At intervals mutually agreeableto whichthe depict the current sunty and tatus design for the County' provide drawings and other documents and, if required FDDT's review and information. At a minimum th 90 ons leant shall provido drawings for review at the 30% milestone (for public meeting), 60%,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 DOCUMENT'S 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. ry of 3,2 Construction Plans —This consists of; at minimum, � Profile sheets �n ud� g lo�ataons of ay Items and Quantities, Drainage Map, Project Layout, ply existing utilities, Typical Sections, Detail sheets, General Notes, Stormwater Management Plan, Traffic Control Plan. Construction plans shall be in accordance with FDOT flans Preparation Manual. 3.3 Specifications — For general specifications, FDOT Specifications will be incorporated. materials and systems descriptions in tune with the Comprehensive, abbreviated methods, 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 shah 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 (BFI's) from the Contractor, as needed during construction. 4.3 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 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. f ATTACHMENT f,, N: f JUPOSAL <�ENGINEERING Proposed Scope of Services for Engineering Design and Permitting Services for Bayside Shared Use Path Monroe County The project "Engineering Design and Permitting Services for the US-1 Sayside 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-1 from approximately mite 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. rojeet 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 j { manager to critical meetings, i oadway Analysis Task 4;Q� 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 j I feet as required by FDOT. In addition, this task will also include the preparation and submittal to FDOT of a design j 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. 1 Lc The roadwav 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 Flans (Task 5.02: 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 1:49, 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 6.0): 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. Utiii Coordination Task 7.() : 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. Environmen la 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. —METRIC ZING �VENISINEEP 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. ESTIMATE Of WORK EFFORT AND COST - PRIME CONSULTANT Gor,atdMl katm' M¢tr�e Enpneen,rp Irc. Name pf PrvpcE' VS10A�eetlM EN,eC Rw Pam camJmnl Na. ,d+x,lr� . .. ea>mn A9011O° �°""h Ram en SrzoTe �Pw Al N. - Suk Oh ab S@xkG - EXsx cm... °.nN!{I.». IieaNen15 9YM Char C Sme tt Stan �CwaY 1'traiMn 42 ry_ 9Mr..vb8]T ff Y! i39/i 996 ]48 3G]CA P]4 3] 5 5 t Z Ts 9 ee 139 Zd at ! 4 4C ZZ 2 � pNN^. [ Mal P mM Guinaearca H cL.wMac U 5 91N y wwc .EY+S+.. NnnTccs ! RR!Yttll tl S . - 8riap a .btw+^1 ReMat i XMm 5 .. T.rro-e rvfirtHw kC1Y,9: r w:.._S'wn Syan Cores.le.&dpe /pNN! it} streAluiee-Na9eu* SI» CarcrMx &m5x I{ et)Mro! a.. „•o-�tw.. S1,uxlurswrSrvega I Y r010 e_ - .. ty„eone Cax�em 6ii9ve k G Nro` R m 9e s M Ha I I tl Sgnw9 S Pix..'eanl MXXiviA waau 4 1 /IN4rol -rand. E eAwtyeia � k X014N1 22 SW. ivsl�Rbns ''�{{ I 4 vrq � J lr?M*'] Anhw I BGNtW' it Epnl'up Fhm i VGeVI3'.. 35 eaMacaMX.ARM eEwx AnXsyw ! ] j{ YflfV/0� 6 IS. —ARM dare Phna WDN1d1 J. Sunrsy (FNE 5 pxee SaPGo-'11i 1 I .orvroi is cnamn�+a+TM+r I � HRNN! 25_wMWrq � tl RIYN? 3D GeaesFnsa3 ,�. LAu.tePm.n� !!!� I +®���'DIM, . 32-. wBxo-xn mpxAl R•xvan Aaxum«a 1 ( i - -- w vnr 3]. imeagar. TAM as sruema Aewvw I zw .5a ,p5o rot _.. 3.?x sT�wH.So- - sso 4e >o. MnA€gen l�xn.Pwlxt n SYxrxrtw PI..• ,vae ., #29ZOW aro A95 000ro koa. TwtMra. Tot.S erax Cant Sto.rv%+m. 32G.555.W 4xaCG ix •z.60 OrecA= 5i6.5x9W fTKx wet ro- x v.ed ey P^^'" GonwmeR 1tr e4e,aal. Yf.. Gaana 7M.1. fee. i, kh.nwM eNea R/M1om.a[n XudeonW.nl 4rwasa.•uMor�xaWt[rx rvx. rrcxy b. M1AEen. P.A.$W le SAw Vfl TERcOsTS: ovE—FAR, ... " -"11IxG MARGlk: f cC. yFxnRia C.O.. Co.l Man.vT E%PEx5L s 4 �n ..v 5 wcr i€'xk.HbY Prno] b.R� ' SUBTOTAL E571MATEO FEE GaWee1— T"seam R" Sweei: MG'—SAvaveau. SUkTRTAL ESTMAA]£R FEE: a T4.N SER...9S ESTINATER FEE. Larvfea.pbbdVEC PWIrt ImaNemenG YW ce dbM. by NMnry Gonnq GRANR TBTAt..—ATER FEE' Sv.—,6 saa.526-i. €iH4.3 38.Ai65p F24T,JeAM3 SMLp43.9/ f... !1 ` CERTIF- LIABILITYTE OF DATE IMMMI YYYI LIP f/26/2011 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Regions Insurance, Inc. 1465 E. Joyce Blvd., Ste 205 Fayetteville, AR 72703 httpJ/www.regions.com/rig.rf _wCONTACT NAME; PHONE 479-684-5250 A1C Na: 479-684-5252 EMAIL PRESS: INSURER S AFFORDING COVERAGE NA1C 0 _... INSURER A : National Fire insurance —of Hartford _ 2047B INSURED Metric Engineering, Inc. 13940 SW 136 Street Suite 200 Miami FL 33186 INSURER B :_ Charley teak Fir® Insuranc ColTrayelers 25615 Ir,suR C : Travelers Property Casueity Company _ 25674 INSURER D : Lexington Insurance Co A XV 19437 INSURER E: TransDDrtation Insurance Company 20494 INSURER F COVERAGES CERTIFICATE NUMBER: 11200177 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1N5R LTR TYPE OF INSURANCE L BR POLICY NUMBER ____ PDLICY EFF MMIDDIYYYY POLICY FXP IMMW tppIYY LIMITS A GENERAL LIABILITY ,/ C4027144841 3/1/2011 3/1/2012 FACHqOCCURRENCE $ 1,Q00.00 PREhhISES EaE r rice $ 100,000.. .r' COMMERCIAL GENERAL LIABILITY MED EXP (An Dna Pin) $ 5,000 CLAIMS -MADE 21 OCCUR I PERSONAL & ADV INJURY $ 1,000,000 I GENERAL v.mAGGREGATE � $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMPIOP A30 $ 2,0070.®00 $ POLICY PROf LOC B AUTOMOBILE LIABILITY �/ P810.54BOX631-COF-11 112011 3/1 i2012 IqGLE LIMIT $ 1 0fl BODILY INJURY (Per person) $_ ✓ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED ALrTOS NON -OWNED - . Itt BODILY INJURY(Parac:ideni) $ PP rarcidenjDAMAGE$AUTOS E UMBRELLA LIAR ✓ OCCUR � C4029279461 311/2011 3/112012 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1.000 000 EXCESS LIAR CLAIMS -MADE DED Lz RETENTIONS _ $ i $ I C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVEr�-^{��{ OFFICERIMMEMBEREXCLUDE➢7 I '- I (Mandatory In NH) NIA PJUS54BOX63-1-11 31112011 3/112012 ,/ T�RrupAIT$ _ OW E. L. EACH ACCIDENT _ $ 1 000000 - E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE • POLICY LIMIT I $ 1 00 000 9 yea, describe under DESCRIPTION OF OPERATIONS below _ D Professional Liability 03142-8218 11112011 31112112 $1,000,000 Each Claim Claims -Made Form $2,000,000 Policy Aggregate Full Prior Acts 711176 100 000 Ea Claim Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additlonat Remarks Schedule, K mare space is required) Project: Engineering Design and Permitting Services for U.S. i Bayside Shared Use Path On Call Professional Engineering Services Monroe County is named as additional insured on the General and Auto Liability, excluding Professional Services. Issuing companies will provide 30 days written notice of cancellation; 10 day for nonpayment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Road 216 Key West FL •y ��4d AUTHORIZED REPRESENTATIVE Liam Murphy 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERT No- 11200117 CLIENT CODE- H'ETR3-2 Jahn ie Washb..n 9/26/2011 11:37:50 AR Page 1 of 1