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1st Amendment 07/15/2015 „,(IT .i”- ''of; 0 A\-'--- 0 ,.., of/TAL•af.w - 5 7a u^ .'rY. �r.,,,y:_ � 4 d Pam: V fie. .' ,. 1r4��.�y-•yW�''�,.`'� t„�����JJ�®y °o �.. 0, { ` CLERK OF CIRCUIT COURT & COMPTROLLERQ4•0 MONROE COUNTY,FLORIDA DATE: September 9, 2015 TO: Mayra Tezanos Executive Administrator FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller 0J7Vo�,- 1Sr' At the July 15, 2015, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item K9 First amendment to contract�4i e_tr_icc Engineering/Inc. for the project management of a habitat restoration project within Dagny Johnson Key Largo Botanical State Park. Enclosed is duplicate original executed on behalf of Monroe County,for your handling. Should you have any questions,please feel free to contact me. cc: County Attorney Finance File/ 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 r , FIRST AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MONROE COUNTY AND METRIC ENGINEERING,INC. THIS FIRST AMENDMENT, dated July 15, 2015, is entered into between MONROE COUNTY("COUNTY") and METRIC ENGINEERING,INC. ("PROJECT MANAGER"),to the Contract For Professional Services, approved by the COUNTY on the 15th day of May, 2013, and states: WITNESSETH: WHEREAS the parties wish to amend their contract which employed the professional services of PROJECT MANAGER for the restoration of native habitat at three locations, including the Port Bougainville site,the Nike site and the Old Roads site,within Dagny Johnson Key Largo Hammock State Park("Park"), in North Key Largo,by removing abandoned structures, fill, asphalt roads and parking lots and planting native vegetation; and • WHEREAS, the restoration project is in the public interest of Monroe County,including residents,visitors; WHEREAS, the restoration project is required by the US Fish & Wildlife Service as mitigation for the construction of the Key Largo wastewater treatment plant; and WHEREAS,due to recent modifications to the project and the recent amendment to the Biological Opinion dated May 8, 2015, provided by the U.S. Fish and Wildlife Service, the parties wish to amend the contract to include additional services and further define the PROJECT MANAGER's responsibilities and will include a revision of the scope of work; and NOW, THEREFORE,in consideration of mutual promises, covenants and contracts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and PROJECT MANAGER agree to this First Amendment as follows: 1. Addition of amended Biological Opinion dated May 8,2015. The original Biological Opinion from the U.S. Department of the Interior, known as 2011 Biological Opinion(41420-2011-F-0183), was an attachment to Exhibit A of the Contract approved May 15,2013. Subsequently the U.S. Department of the Interior issued an amended Biological Opinion dated May 8, 2015. This amendment to the Biological Opinion is attached to this First Amendment as, "Exhibit A to First Amendment—May 8, 2015 Amended Biological Opinion".The PROJECT MANAGER shall abide by both Biological Opinions to ensure that all aspects of the Project comply with the requirements of both Documents. 2. Background and Additional Services. The County has received an amended Biological Opinion for the sites and wishes to proceed with a revised Request For Proposal for the restoration work and to further define the responsibilities of the PROJECT MANAGER.The COUNTY requires the additional services of the PROJECT MANAGER,to make revisions to the RFP based on the amendment to the Biological Opinion, to assist in preparation of minutes and any other addenda which result from 1 L i the pre-bid meeting or the revised RFP process, including responses to questions and drafting addendum and to conduct a pre-bid meeting for the revised RFP. These additional Services are included in the Revised Scope of Work. The Compensation for the additional services from the COUNTY to the PROJECT MANAGER is Four Thousand Two Hundred and Eighty Dollars ($4,280.00). The Revised Scope of Work is attached hereto as "EXHIBIT B to the First Amendment-Revised Scope of Work". 3. Paragraph 7.2 (A) PAYMENTS shall be amended to verify that the PROJECT MANAGER accomplished the original Phase 1 and Phase 2 and has been paid for those portions and to show the additional services as Phase lA to the Contract as follows: "7.2 PAYMENTS (A)The PROJECT MANAGER shall be paid upon completion of the following phases,as indicated in the table below.The corresponding percentage of the contract sum indicated in the table shall be paid upon completion of each phase. There are no reimbursable expenses.The County may require the phases listed below to be done in any order in consultation with the PROJECT MANAGER. Phase Description %Total Time On-site Project (maximum) 1 Preparation of scopes of work and bid documents for other 5% PAID contractors,including any addenda, which has been completed. 1 (A)Additional Services:Preparation of revised RFP,in accordance $4280.00 NA with amendment to BO,to assist in preparation of minutes and any other addenda which result from the pre-bid meeting or the revised RFP process,including responses to questions and drafting Addendum and to conduct the pre-bid meeting for revised RFP. 2 Permit coordination,attendance at pre-bid meeting(s)and preparation 5% PAID of minutes and any other addenda which resulted from pre-bid meeting,or RFP process,which has been completed. 3 On-site management&coordination for Port Bougainville restoration 20% 15 weeks 4 On-site management&coordination for Nike Radar site asbestos 15% 8 weeks abatement 5 On-site management&coordination for Nike Radar site restoration 20% 15 weeks 6 On-site management&coordination for Old Roads restoration 20% 3 weeks 7 On-site management&coordination for native planting at Port 5% 2 weeks Bougainville 8 On-site management&coordination for native planting at Nike Radar 5% 2 weeks site 9 Preparation of Final Project Summary Report 5% NA (B) Both parties agree that to the maximum extent practicable,the Phases involving on-site management in the Table above(Phases 3-8)shall be performed concurrently. If the total combined construction schedule for these phases exceeds 18 weeks of on-site management by the Project Manager,then the Project Manager may seek additional compensation in accordance with Article III("Additional Services")of this Contract." 2 1 4. Paragraph 2.2.(A) shall be amended as follows: 2.2. . CONTRACT SERVICES INCLUDED (A) The PROJECT MANAGER shall familiarize himself with the Agreement dated July 18, 2012,between the County and Florida Department of Environmental Protection, Division of Recreation and Parks (DRP) and shall act in concurrence with that agreement, and any subsequent agreements between the County and DRP, and require all others including all other contractors and subcontractors to abide by.that Agreement, and any. subsequent agreements between the County and DRP. 5. The remaining terms of the Contract for Professional Services, and its exhibits,entered into on the 15th day of May, 2013,not inconsistent herewith, shall remain in full force and effect. . IN WITNESS WHEREOF, the parties have executed this First Amendment on the date stated Lir Ti I EAVILIN CPA,CLERK BOARD OF COUNTY COMMISSIONERS OF ill‘..... MONROE COUNTY FL ORIDA ���+++1111'1 i Jeri : •==...,-1-1---;.:, -------=, J..AC'. a 0,.__NY) By. _____ ____askienee,,...... %% 1. - P._ --, `i ler Ma Date: '1//5//J� v METRIC ENGINEERING, INC. Witness S gnature for Metri �� Print Name: 1 .FI L. Coy By: % .4r Date: Svre.a' 2cFS Print Name: /7/hvwed- &9,irel Title: PRF.�s/pc*"r Date: k/J;-e- -q 242/S . MONROE COUNTY ATTORNEY APPROVED AS TO FORM PETER.MORRIS :r, ASSISTANT r4TYr AT1AO NEY r- Date: a-0 rt I 3 t CD Exhibit A to First Amendment— May 8,2015 Amended Biological Opinion , 1 United States Department of the InteriorSERVICE ;R FISH AND WILDLIFE SERVICE • �,_ �s• South Florida Ecological Services Office n4q e� 1339 20'h Street Vero Beach,Florida 32960 May 8,2015 • Paul Rice Florida Department of Environmental Protection John Pennekamp Coral Reef State Park • Post Office Box 487 Key Largo,Florida 33037 • Service CPA Code: 41420-2011-CPA-0200 Service Consultation Code: 41420-2011-F-0183 Service Reinitiation Code: 41420-2011-F-0183-R1 Date Received: November 22,2013 Consultation Reinitiation Package Complete: July 31, 2014 Applicant: John Pennekamp Coral Reef State Park County: Monroe Dear Mr. Rice: This document transmits the U.S. Fish and Wildlife Service's(Service)Biological Opinion to Florida Department of Environmental Protection(DEP)for the revised North Key Largo restoration project located in Monroe County,Florida. This document amends the Service's 2011 Biological Opinion(41420-2011-F-0183;BO)(Service 2011)for the removal of structures on Dagny Johnson Key Largo Hammock Botanical State Park(Dagny)and analyzes the effects of the revised project on the endangered American crocodile (Crocodylus acutus),the endangered Key Largo cotton mouse(Peromyscus gossypinus allapaticola;KLCM),the endangered Key Largo woodrat(Neotomafloridana smalli;KLWR),the endangered Schaus swallowtail butterfly (Heraclides aristodemus ponceanus; Schaus),the threatened eastern indigo snake(Drymarchon corais couperi),and the threatened Stock Island tree snail (Orthalicus yeses reses; SITS) in accordance with section 7 of the Endangered Species Act of 1973,as amended(Act)(87 Stat. 884; 16 U.S.C. 1531 etseq.). The Service is consulting with DEP on this project under section 7 of the Act because there is a Federal nexus from the expenditure of compensation funds from the federally funded Key Largo Wastewater Treatment Plant. The funds were transferred to Monroe County as compensation resulting from the Service's evaluation of the construction and expansion of the Key Largo Wastewater Treatment Plant(Biological Opinion[41420-2000-T-0736] [Service 2001], Technical Assistance [TA] [41420-2006-FA-1604] [Service 2006]). According to the terms of the Service's October 2006 TA letter to the Key Largo Wastewater Treatment District,the Service agreed the funds may be used cooperatively with the DEP to restore tropical hardwood hammock on the island of Key Largo. The biological opinion for the original North Key Largo restoration project was issued on August 17,2011, and analyzed hand clearing of structures to address hazards in Dagny. DEP is requesting to modify the project to include the use of heavy equipment' to complete the restoration work within Dagny at the Port Bougainville (Port B) restoration sites. This amendment only addresses restoration work at the Port B site. Any modifications to the project at Dagny's other two sites(Old Roads and Nike Radar) would need to be addressed in a separate amendment. This Biological Opinion only provides updates and revisions to the applicable portions of the original BO. However,the Conclusion and Incidental Take Statement (associated assessment,Reasonable and Prudent Measures, and Terms and Conditions) are comprehensive and cover the entire project. The pages in which revisions are made are indicated in the header of each section. This amendment is based on information provided in the November 2013 draft Request for Proposal for Habitat Restoration Project within Dagny Johnson Key Largo Hammock State Park (Monroe County 2013; RFP), email messages, telephone conversations, site visits, and other sources of information. A complete record of this consultation is on file at the South Florida Ecological Services Office,Vero Beach,Florida. Consultation History (Page 2) • During a phone conversation on November 22, 2013, DEP and Monroe County requested to reinitiate formal consultation with the Service to modify the restoration project at Port B, located within Dagny, for the KLWR and KLCM. Over the next several months,the Service conducted several meetings with DEP and Monroe County to identify the feasibility of modifying the original project to use heavy equipment to conduct restoration and to gather species information. On February 26,2014,the Service, DEP, and Monroe County discussed the restoration plans at the Port B site. The parties agreed that a site visit would be required to: 1) better define the work area,2) identify if the use of heavy equipment was feasible, what restrictions would be required, and 3) evaluate the need for additional surveys in the event heavy equipment was used. On March 10, 2014,the Service conducted a site visit of the Port B restoration areas. During this meeting the Service identified the necessary survey areas. It was determined that trapping surveys would be conducted by the Service with participation by the DEP and any biologists who may do work as part of the restoration project. The Service conducted trapping surveys for KLWR and KLCM at the various work areas within Port B outlined in the project between April 7, 2014, and April 11, 2014. I Heavy equipment refers to heavy-duty vehicles,specially designed for executing construction tasks,most frequently ones involving earthwork operations. Heavy equipment includes vehicles such as excavators,loaders, and dump trucks and come in various sizes. The size of the heavy equipment used will be limited to the available access to each individual work area and will be the smallest size necessary to safely remove any structures,keeping impacts as minimal as possible. 2 • On June 24,2014,the Service met with DEP and Monroe County at the Port B restoration areas to discuss survey results and outline the potential effects from the use of heavy equipment. Potential ingress/egress and staging areas were identified as well as some possible additional minimization measures for each location in the event heavy equipment would be used. On July 31,2014,the Service spoke with the DEP by phone regarding the potential impacts from restoration and to finalize the minimization efforts that would be required to reduce the effects of using heavy equipment on the soils and to listed species. As of July 31,2014,the Service had received all the information necessary for reinitiation of formal consultation as required in the regulations governing interagency consultations (50 CFR §402.14). BIOLOGICAL OPINION DESCRIPTION OF PROPOSED ACTION(Page 2) The DEP, in coordination with Monroe County,proposes to perform upland hammock restoration activities consisting primarily of demolition and removal of structures,fill removal, grading, and planting of native vegetation. Funds that were transferred to Monroe County as compensation resulting from the Service's June 11,2001,BO and October 26,2006,TA will be used to accomplish the required minimum of 4.2 acres of hammock restoration. Any restoration work completed using this funding will be conducted by a contractor hired by Monroe County in accordance with the County's purchasing procedures. The project proposes to restore the same acreage identified in the original BO which includes 13.16 acres of hammock in North Key Largo. The Service recognizes that the entire project may not be completed with the amount of available compensation funds. The requirements for restoration in the referenced BO and TA will be considered fulfilled when a minimum of 4.2 acres of hammock have been restored. The portion of the project that is proposed in Port B comprises 6.16 acres of hammock in seven distinct areas. The seven work areas are identified as the:Tennis Courts,Bathhouse, House, Restaurant and Tunnel, Lodge, Foundation,and Roads. An onsite staging area will be identified to temporarily hold mulch that will be distributed on site. The project will include the following general restoration activities and minimization measures within Port B: 1. All vegetation will be trimmed by workers using chain saws or hand tools (collectively defined as machinery)from within the designated work areas unless otherwise discussed in this amendment. Care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. All cut vegetation will be removed daily, and piles or other accumulations of vegetation will not be left overnight with the exception of small vegetation piles(less•than 25 cubic feet),which may be permanently deposited in adjacent hammock habitat. • 2. Concrete or any debris is prohibited in any area. All demolished materials must be removed from each work area daily to minimize the possibility of KLWR and KLCM usage. Any vegetation to be used as mulch must be mulched and stored at the designated temporary mulch staging area at the end of each workday. 3. Feral cats are a major threat impacting federal and state endangered species within Dagny and on the Service's neighboring public lands. DEP will continue to allow Service staff to conduct feral cat monitoring and trapping within the park boundaries. DEP will procure and monitor six remote cameras within the park boundaries,and within 1 year from project completion develop and implement a strategy for long-term,management of feral cats within Dagny. 4. DEP will secure the necessary materials to construct artificial KLWR nest structures. The nest structures will be constructed at the Bathhouse,House,Restaurant and Tunnel, and Lodge at least 3 months prior to the start of any restoration activity. DEP will organize any work force that may be required to construct the nest structures. The Service has had success in constructing artificial KLWR nest structures and will provide support for the design and construction of the artificial nest. 5. DEP will provide native vegetation from stock grown in Dagny's native plant nursery to be planted within the areas disturbed by heavy equipment after the completion of restoration activities to supplement natural recruitment and ensure successful hammock restoration. The DEP will instruct Monroe County's contractor on the location of the planting area and placement of planting materials. Based on Service recommendations, the trees and shrubs will be planted at densities no lower than one plant per 50 square feet of planting area,and no higher than one plant per 25 square feet of planting area. The DEP will monitor the planted vegetation for 3 years and will provide additional plants if the survival rate falls below 75 percent. • 6. In order to avoid compaction of soil in cleared areas and to ensure plant colonization and growth, disking or air spades (near existing trees)will be used,as needed,to loosen soils compacted by equipment. 7. Heavy equipment will be used in some of the work areas as described below. The size of the heavy equipment used will be limited to the available access to each individual work area. The selected heavy equipment will be limited to the smallest size necessary to safely remove any structures,keeping impacts as minimal as possible. Vegetation will not be removed to allow the use of larger heavy equipment. 8. The outer edge of the staging area, site ingress/egress, asphalt areas, and other areas for all locations where heavy equipment will be used shall be plotted with Global Positioning System unit, mapped, and provided to the contractor and any onsite biologist. These areas will delineated with coordination with the Service and will be roped off prior to construction. 4 A description of each of the Port B restoration areas size, general restoration activities proposed, survey effort, and area specific restoration activities and minimization measures are as follows: 1. Tennis Courts: Size: 1.21 acres. Restoration activity:Removal of asphalt, chain link fencing and collection of fill from within the tennis court areas from the fence line inward (toward individual courts). Survey effort:No trapping was conducted at the tennis courts during the week of surveying performed by the Service. Specific activity and minimization measures: The asphalt and fill from within the tennis court will be removed with heavy equipment. The outer rocky edges of the tennis courts will not be removed. Based on Service recommendations, DEP will create an inward sloping wall during fill removal to be no less than 2:1 (width:height). However, due to varying elevations surrounding the tennis courts this may not be feasible in all areas and the DEP will coordinate with the Service to adjust this slope should it be deemed necessary. No fill removal is proposed on the access roads or in between the courts. Any fence removal,if desired,will occur with minimum vegetation removal. Fence removal work will be conducted from inside the tennis courts and all materials will be brought inward,toward the center of the courts. Machinery,which could include heavy equipment,will be used for the fence removal. All lights will be removed, including those outside of the fenced area. While access to the tennis courts is available via open paths,the heavy equipment will not increase the size of access or staging areas. 2. Bathhouse: Size: 0.30 acres. Restoration activity: Removal of structure and scattered debris. Surveys:No trapping was conducted at the bathhouse during the week of surveying performed by the Service. Specific activity and minimization measures: Materials will be demolished and removed by hand only and carried to small construction vehicles staged at the asphalt edge. The current width of the recommended location of ingress/egress is a maximum 13 feet. The size of the access or staging areas will not be enlarged. Machinery, which could include heavy equipment,may be used to cut and remove vegetation from within the designated work area. However,tree removal on the edges of the defined work area shall be avoided to the maximum extent possible. Because of the debris removal,prior to demolition, a minimum of 6 artificial nests will be constructed in multiple locations surrounding the bath house area. 3. House: Size: 0.45 acres. Restoration activity: Removal of structure, removal of fill material to return the area to an elevation even with surrounding natural grade. Surveys: Surveys were conducted over 3 nights at the house. Over the course of trapping, a KLCM was captured at 3 different trap sites (2 individuals, 1 recapture). 5 Specific activity and minimization measures: While there is adequate access for heavy equipment to be utilized at the house,the location will require some removal of hammock to allow for a maximum of 13-foot wide ingress/egress. Machinery,which could include heavy equipment,will be used to cut and remove vegetation from ingress/egress area and from within the designated work area. However, care will be taken to avoid any tree removal on the edges of the defined ingress/egress and work area to the maximum extent possible.Due to the high density of KLCM,prior to demolition a minimum of 12 artificial nests will be constructed in multiple locations surrounding the house area. 4. Restaurant and Tunnel: Size: 1.30 acres. Restoration activity:Removal of structures and planting native plants supplied by DEP as described in minimization measure 5 listed above. Surveys: Surveys were conducted over 4 nights at the restaurant and tunnel. Over the course of trapping a KLCM was captured at 3 different trap sites (2 individuals, 1 recapture). Specific activity and minimization measures: There is adequate access for heavy equipment to be utilized at the restaurant and tunnel. The size of the access or staging areas will not be enlarged. Machinery,which could include heavy equipment,may be used to cut and remove vegetation from within the designated work area. However, care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. Due to the high density of KLCM,prior to demolition a minimum of 10 artificial nests will be constructed in multiple locations surrounding the tunnel area. 5. Lodge: Size: 0.62 acres. Restoration activity: Removal of structures,wood piles,broken asphalt, and collection of concrete foundation to return the area to an elevation even with surrounding natural grade. Surveys: Surveys were conducted over 4 nights at the lodge. Both KLWR's and KLCM were caught during trapping at the lodge. At least one targeted species was captured on each night traps were set. KLCM were caught at 2 different trap sites(2 individuals, l recapture) on 3 nights that traps were set. KLWR's were caught at 3 different trap sites (2 individuals, 1 recaptured twice)on 3 nights the traps were set. Both KLCM and KLWR's were caught within and around the structure. One KLWR was spotted entering a nest after being released. Specific activity and minimization measures: There is adequate access for heavy equipment to be utilized at the lodge. The current ingress/egress width is a maximum of 13 feet. The size of the access or staging areas will not be enlarged. The stacked natural wood piles will be dispersed in the hammock or used in the construction of artificial nests throughout Dagny. Any natural logs not used for nests shall be removed by hand to the outer limits of the lodge area where they will be cut and loaded onto small construction 6 vehicles for removal from the site. Milled wood or lumber cannot be used in artificial nest construction or dispersed into the hammock and must be discarded. Care will be taken to not disturb the fill,particularly on the edges,when removing the concrete foundation. Machinery,which could include heavy equipment,will be used to cut and remove vegetation from within the-designated work area. However, care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. Due to the high density of both KLWR's and KLCM,prior to demolition a minimum of 18 artificial nests be constructed in multiple locations surrounding the lodge area,using natural logs from within the lodge. No fill will be removed from this location. 6. Foundation: Size: 0.13 acres. Restoration activity: Removal of structure. Surveys: Surveys were conducted over 3 nights at the foundation. Over the course of trapping a KLCM was captured at 3 different trap sites(2 individuals, 1 recapture). Specific activity and minimization measures:Due to the high density of KLCM and the amount of quality hammock that would need to be removed,no demolition will occur at this site. No vegetation or fill will be removed from within the foundation work area. The asphalt leading up to the site will be removed,with heavy equipment, up to the vegetated edge of the extent of the asphalt. Care will be taken to avoid any tree removal on the edges of the defined work area to the maximum extent possible. 7. Roads: Size: 2.15 acres. Restoration activity:Removal of asphalt. Surveys:No trapping was conducted in association with the roads during the week of surveying performed by the Service. Specific activity and minimization measures:Asphalt will be removed with the exception of a 12-foot wide roadway that will be left intact. Saw-cutting will be used to remove the asphalt following the cleanest/best path,providing a meandering pattern where possible, and avoiding exposing manhole covers. Additionally,the machinery removing the asphalt roadways will not disturb an area greater than the area being removed and will avoid any tree removal on the edges to the maximum extent possible. Action Area(Page 3) The action area was originally defined as approximately 19.07 acres of hammock and transitional wetlands at three previously disturbed sites. The introduction of heavy equipment expands the area in which KLWR and KLCM will be affected. However,this temporary loss of habitat does not expand the original action area. The action area specific to the revised project is the combined footprints of the Port B work areas(6.16 acres). 7 STATUS OF THE SPECIES/CRITICAL HABITAT Analysis of the species/critical habitat likely to be affected Other species in the Action Area(Page 12) In addition to the KLWR and KLCM,the American crocodile, eastern indigo snake, Schaus, and SITS also occur within the project's action area. The project area is within the boundaries of designated critical habitat for the American crocodile. Suitable nesting habitat for the American crocodile will not be affected. Therefore, the Service finds the proposed project may affect,but is not likely to adversely affect the American crocodile and its designated critical habitat. Historically,the eastern indigo snake ranged throughout the upland habitats of the Florida Keys; however, its present distribution is uncertain. Suitable habitat for the eastern indigo snake includes a mosaic of habitats in which they establish home ranges of up to 183 acres for males, and up to 120 acres for females(Layne and Steiner 1996). The large home range of eastern indigo snakes makes surveying difficult. The DEP has agreed to implement the Eastern Indigo Snake Protection Measures (Service 2013);therefore,the Service finds the proposed project may affect,but is not likely to adversely affect the eastern indigo snake. The Schaus is a blackish-large brown and yellow butterfly found in the tropical hardwood hammocks extending from Southern Miami-Dade County to Lower Matecumbe Key. All restoration sites contain suitable habitat for the Schaus. Schaus were documented within Dagny during pedestrian surveys conducted by the DEP's environmental consultant. No additional surveys for Schaus were conducted specifically for this project and no Schaus were identified during the Service's on site visits. The scope of work does not include the removal of plant species used by the Schaus and a minimal amount of vegetation removal is expected to occur. Therefore the Service finds the proposed project may affect,but is not likely to adversely affect the Schaus. SITS feed primarily on wild tamarind(Lysiloma bahamensis),willow bustic(Bumelia salicifolia), poisonwood(Metopium toxiferum),gumbo limbo(Bursera simaruba),pigeon plum(Coccoloba diversifola),ironwood (Krugiodendron ferreum),wild lime,mastic(Mastichodendron foetidissimum),and strongbark(Bourreria sp.),but may also feed on other species. All of these tree species are found within Dagny and may be present in a density or environment at the work areas that creates a microclimate(shade,humidity,temperature)favorable for tree snails. While no protocol surveys for SITS were conducted and no SITS were identified during the Service's on site visits,the sites contain suitable habitat for this species and SITS are known to be present within Dagny. The scope of work requires a minimal amount of vegetation removal. To minimize the possibility affecting the SITS,the DEP has agreed to stop work if the SITS are found within a designated work area and to contact the Service for guidance,before work is continued. Therefore, the Service finds the proposed project may affect,but is not likely to adversely affect the SITS. 8 EFFECTS OF THE ACTION The project site contains suitable habitat and is located within the geographic range of the KLWR and KLCM. Both KLWRs and KLCM are currently found within the proposed construction footprint. The time required to complete construction of the project is not known. It is unknown when new hammock will be mature enough for KLWRs and KLCM to utilize the work areas. Analyses for effects of the action (Page 17) Direct Effects: The restoration activities and temporary habitat loss during the clearing and removal of structures, fill, and roads may result in take of the KLWR and the KLCM. The probability of incidental take is dependent upon the number of KLWRs and KLCM in the area, their dispersal abilities,and the amount and distribution of available, suitable habitat. The use of heavy equipment can crush or injure individual KLWRs and KLCM and destroy or degrade nesting and foraging habitat. In addition, construction activities may adversely affect KLWRs and KLCM by causing them to leave the area and miss foraging and mating opportunities. Individuals fleeing the area may be more vulnerable to predation. Therefore,the probability of take during restoration work at Port B has increased with the additional use of heavy equipment. With proper safeguards in place,direct mortality of the KLWR and the KLCM as a result of the added use of heavy equipment can be minimized. The proposed action will directly result in the temporary loss of 6.16 acres of potentially suitable habitat,some of which provides foraging and breeding habitat for KLWRs and KLCM. A total of 2,498 acres of suitable KLWR and KLCM habitat currently occurs in North Key Largo. Therefore,the project will result in temporary impacts to less than 0.5 percent of the geographic range of these species,and much of that 0.5 percent is currently concrete, asphalt or road beds. Species response to the prosed action The project will result in increased human activity(e.g., equipment, construction personnel, surveys,replanting, etc.). As a result,KLWRs and KLCM may leave the area and miss foraging and mating opportunities. Individuals fleeing the area may be more vulnerable to predation. The increase in human activity could cause the KLWR and the KLCM to avoid using existing adjacent habitat,resulting in additional temporary habitat loss. However, KLWRs and KLCM present adjacent to the restoration activities could acclimate to the human activities and not abandon adjacent habitat. The number of individuals that will be present at the time of the action is not known. The data collected from surveys cannot accurately determine population density estimates of KLWRs or KLCM within the work areas. The Service anticipates that with the implemented minimization measures,planting of native hammock vegetation, and installation of artificial nest structures on lands adjacent to the work areas that KLWRs and KLCM will eventually reoccupy the work areas. 9 The following sections address the entire project. CONCLUSION After reviewing the current status of the KLWR and KLCM, the environmental baseline for the action area,the effects of the proposed action, and the cumulative effects, it is the Service's biological opinion that the revised project, as proposed, is not likely to jeopardize the continued existence of the KLWR or the KLCM. Our conclusion is based on the fact that the original project will result in the temporary loss of 19.07 acres of KLWR and KLCM habitat which includes the 6.16 acres of KLWR and KLCM habitat within Port B where the use of heavy equipment will be used to complete the removal of existing structures. Therefore,the revised project will result in temporary impacts to habitat that are less than 0.5 percent of the geographic range of these species. In addition, KLWR and KLCM are expected to reoccupy the work areas over time with the implemented minimization measures,planting of native hammock vegetation, and installation of artificial nest structures on lands adjacent to the work areas. Furthermore,the restoration is expected to benefit the overall survival and recovery of the KLWR and KLCM because of the improvements to the habitat and the addition of the artificial nests. Critical habitat has not been designated for the KLWR and KLCM;therefore, none will be affected. INCIDENTAL TAKE STATEMENT Section 9 of the Act and Federal regulation pursuant to section 4(d)of the Act prohibit the take of endangered and threatened species,respectively,without special exemption. Take is defined as to harass,harm,pursue,hunt, shoot,wound,kill,trap, capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding,feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of,the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to, and not intended as part of the agency action, is not considered to be prohibited taking under the Act provided such taking is in compliance with the terms and conditions of this incidental take statement. The terms and conditions described below are nondiscretionary and must be undertaken by the DEP so they become binding conditions of any grant or permit issued to the DEP, as appropriate, for the exemption in section 7(o)(2)to apply. The DEP has a continuing duty to regulate the activity covered by this incidental take statement. If the DEP (1) fails to assume and implement the terms and conditions or(2) fails to require DEP to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the permit or grant document,the protection coverage of section 7(o)(2)may lapse. In order to monitor the impact 10 of incidental take,the DEP,must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement[50 CFR §402.14(i)(3)]. AMOUNT OR EXTENT OF TAKE ANTICIPATED The number of individual KLWR and KLCM that will be present at time of the action is not known. The data collected from surveys cannot be used to accurately determine population density estimates of KLWRs or KLCM within the work areas. The Service finds that the project will result in harm (i.e., habitat loss)to the KLWR and KLCM from the construction activities to restore 19.07 acres of habitat. In addition,harassment of the KLWR and KLCM is anticipated from disturbance as a result of the removal of debris and restoring natural grade. The Service anticipates that the entire project, including the 19.07 acres of restoration and use of heavy equipment,will result in the take of five KLWR and seven KLCM from either mortality,injury, harm, or harassment. If, during the course of this action,this level of take is exceeded, such take would represent new information requiring review of the reasonable and prudent measures provided. All work should stop and the reasonable and prudent measures must be modified immediately. EFFECT OF THE TAKE In the accompanying biological opinion,the Service determined this level of anticipated take is not likely to result in jeopardy to the KLWR or KLCM. No critical habitat has been designated for either of these species;therefore, none will be destroyed or adversely modified. REASONABLE AND PRUDENT MEASURES (Includes all measures from the original BO that Service believes are necessary and appropriate to reduce take and to minimize the impacts of incidental take of KLWR and KLCM from the project(original and revised). The Service believes the following reasonable and prudent measures are necessary and appropriate to reduce take and to minimize the impacts of incidental take of KLWR and KLCM: 1. Further minimize the adverse effects of the action to the KLWR and KLCM and other species through avoidance of certain areas (as described in the Terms and Conditions, below),use of appropriate land clearing techniques and planting appropriate native species. 2. Evaluate the success of the restoration plan through appropriate monitoring. 3. Minimize the adverse effects of feral animal predation on the KLWR and KLCM. 11 • TERMS AND CONDITIONS To implement the above reasonable and prudent measures,the Service has outlined the following terms and conditions. In accordance with the Interagency Cooperation Regulation(50 CFR§402), these terms and conditions must be complied with to implement the reasonable and prudent measures: la. DEP will not restore 0.15 acre of emerging hammock at the Port B site marked as"Fill Area"in Figure 2 in the BO. lb.Trapping for presence of KLWR and KLCM was conducted by the service between April 7,2014,and April 11,2014,and is no longer required prior to restoration activities at the Port B location, as long as construction occurs or is completed by January 2016. If construction is not completed prior to January 2016,the DEP will coordinate with the Service to determine if additional surveys are necessary. Additionally,trapping for presence at the other two sites(Old Roads and Nike Radar) is no longer required unless there is a change in the scope of work to be conducted at those locations beyond what is discussed in the original BO. If the presence of KLWR or KLCM is documented at Old Roads or Nike Radar,the Service will be contacted to delineate areas that will be avoided. lc. Procedures used to clear and grub the proposed sites will be designed to minimize the potential for harm to the KLWR and KLCM. Existing hammock vegetation outside of the Port B work areas described in this amendment will not be impacted. A qualified biologist with documented experience identifying the KLWR and the KLCM (as described in Term and Condition 2b)will be on site during the debris removal,vegetation clearing and building demolition. If a living KLWR or KLCM is encountered during land clearing or demolition,all work will immediately stop and the animal will be allowed to leave the area under its own volition. Land clearing and demolition work will not resume until the animal has left the project site. If a dead KLWR or KLCM is encountered during land clearing or demolition,all work will immediately stop,the animal will be left in situ. The original material surrounding it will be immediately returned to its original configuration to the maximum extent practicable. The Service will then be contacted (see 4, below)for further instructions. Demolition or debris removal will not resume until authorized by the Service. All KLCM or KLWRs observed will be recorded and this information will be provided to the Service within 10 business days of completion of land clearing and demolition. ld. Prior to any removal,the DEP will coordinate with the Service on the removal of any existing debris piles that are not removed by hand outside of the Port B work areas discussed in this amendment to determine if formal consultation is necessary. At Old Roads and Nike Radar, demolition of concrete structures will be demolished using a hand-held or equipment-mounted pneumatic or hydraulic jackhammer where feasible to allow any KLWRs and KLCM hiding in or under the existing structures to leave the project site,minimizing potential injuries. 12 le. DEP will avoid disturbance of any stick or other pile nests, and contact the Service if any are encountered. lf. Native hammock species planted at the"Restaurant&Tunnel" location will include pigeon plum (Coccoloba diversifolia),wild coffee(Psychotria nervosa),torchwood (Amyris elemifera) and wild lime(Zanthoxylum fagara). 2. Surveys consisting of live trapping for KLWR and KLCM will be conducted,at a minimum,at the sites at 1,3 and 5 years after the restoration is completed to evaluate the success of the restoration. a. All procedures will follow the Service's protocol for small mammal surveys. The following information will be recorded for each KLWR or KLCM captured during the trapping: GPS location;the species of the each animal captured;the date each animal was captured; the location of each animal captured;the sex, approximate age,and mass (in grams) of each animal captured; and any other noteworthy observations. b. All KLWRs and KLCM captured will immediately be released unharmed at the trap site following the recording of data. Any other threatened and endangered species encountered within the project footprint will be recorded. Black rats captured during the live-trapping event will be euthanized humanely. The date and GPS location of each black rat captured as well as standard biological data will be recorded. c. A summary report will be provided to Service within 30 days of completion of the initial live trapping activities. If no KLWR or KLCM are captured during the 1, 3, and 5 year surveys,the DEP will coordinate with the Service to review survey methods and predator control management. d. Experienced biologists are necessary to minimize take during the live-trapping and monitoring of the KLWR and the KLCM specified in this amendment. Qualifications include education, experience with required techniques, and knowledge of the specific species being evaluated. Qualified individuals will be considered by the Service at the request of the DEP and Monroe County and must obtain a valid 10(a)(1)(A)permit. 3. Control feral and free-ranging domestic cats on the project sites in perpetuity,and educate the public about the harm to the KLWR,KLCM, and other native wildlife species that results when domestic cats are allowed to roam freely or are released into the wild. This includes starting a feral cat trapping program on Dagny. Educational elements include: a. Current hammock exhibit at John Pennekamp Coral Reef State Park visitor center will be expanded in size and include information about exotic species/predators to local flora and fauna and will specifically discuss the adverse effects of cats on 13 • native wildlife. b. An interpretive exhibit will be established at the Tunnel site located near the end of the pavement(edge of ADA accessible area)and will display restoration activities and imperiled species/predators to said species and will specifically discuss the adverse effects of cats on native wildlife. c. Winter-time interpretive walks at Port B conducted by staff and volunteers will include a discussion on imperiled species in the area,predators to those species,and a discussion on the adverse effects of cats on native wildlife. REPORTING Upon locating a dead KLWR or KLCM specimen, initial immediate notification must be made to the nearest Service Law Enforcement Office(10426 NW 31st Terrace, Miami, Florida 33172; 305-526-2610; 305-526-2610). Secondary notification should be made to the FWC(South Region, 8535 Northlake Boulevard West Palm Beach, Florida 33412; 561-625-5122). Care must be taken in handling any dead specimens of proposed or listed species found in the project area to preserve the specimen or its remains in the best possible condition. In conjunction with the preservation of any dead specimens,the finder has the responsibility to ensure evidence intrinsic to determining the cause of death of the specimen is not unnecessarily disturbed. The finding of dead specimens does not imply enforcement proceedings pursuant to the Act. The reporting of dead specimens is required to enable the Service to determine if take is reached or exceeded and to ensure the terms and conditions are appropriate and effective. CONSERVATION RECOMMENDATIONS Section 7(a)(1)of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat,to help implement recovery plans, or to develop information. The Service is not proposing any conservation recommendations at this time. REINITIATION-CLOSING STATEMENT This concludes formal consultation on the revised project. As provided in 50 CFR§402.16, reinitiation of formal consultation is required when discretionary Federal agency involvement or control over the action has been retained and if: (1)the amount or extent of incidental take is exceeded; (2)the agency action is subsequently modified in a manner that causes an effect to a listed species or critical habitat not considered in this opinion; (3)new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; or(4)a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. 14 Thank you for your cooperation in the effort to conserve fish and wildlife resources. If you have any questions regarding this project,please contact Shawn Christopherson at 772-469-4336. Sincerely yours, add K.— Donald R.Progulske Everglades Program Supervisor South Florida Ecological Services Office Enclosure cc: electronic only Corps,Miami,Florida,(Paul Kruger) DEP,Tallahassee,Florida(Samantha Browne) EPA, West Palm Beach, Florida(Richard Harvey) FWC,Tallahassee,Florida(FWC-CPS,Maryann Poole,Traci Wallace) FWC, West Palm Beach,Florida(Ricardo Zambrano) Service,Atlanta, Georgia(Dave Flemming) Service,Big Pine Key,Florida(Nancy Finley) Service,Key Largo, Florida(Jeremy Dixon) Service.,Vero Beach,Florida(Sandra Sneckenberger) 15 • Literature Cited Layne,J.N.,and T.M. Steiner. 1996. Eastern indigo snake (Drymarchon corals couperi): summary of research conducted on Archbold Biological Station. Report prepared under Order 43910-6-0134 to the U.S. Fish and Wildlife Service; Jackson, Mississippi. Monroe County. 2013. Draft Request for Proposal for Habitat Restoration Project within Dagny Johnson Key Largo Hammock State Park. 68 pages. U.S. Fish and Wildlife Service. 2001. Biological Opinion: Key Largo Wastewater Treatment Plant. South Florida Ecological Services Office; Vero Beach,Florida. U.S. Fish and Wildlife Service. 2006. Technical Assistance:Key Largo Wastewater Treatment Plant. South Florida Ecological Services Office; Vero Beach,Florida. 3 pages. U.S. Fish and Wildlife Service. 2007. Draft communications plan on the U.S.Fish and Wildlife Service's Role in Climate Change. U.S. Fish and Wildlife Service. 2011. Biological Opinion: Florida Department of Environmental Protection's (DEP)proposed North Key Largo Restoration Project. South Florida Ecological Services Office;Vero Beach,Florida. U.S.Fish and Wildlife Service. 2013. Standard Protection Measures for the Eastern Indigo Snake. South Florida Ecological Services Office;Vero Beach, Florida. 16 U.S. FISH AND WILDLIFE SERVICE TRAPPING PROTOCOL TO DETERMINE PRESENCE OF • THE KEY LARGO WOODRAT(Neotoma floridana smalli)AND THE KEY LARGO COTTON MOUSE(Peromyscus gossypinus allapaticola) 5/9/2005 This protocol is to be used when trapping to determine presence/absence of the Key Largo woodrat(KLWR) and Key Largo cotton mouse(KLCM) in a given area. 1. Individuals conducting the trapping should have a permit and previous experience in live trapping small mammals(or be trained by an experienced person). They must also be able to identify any species that may be captured during the trapping event. 2. Surveys should include all potential KLWR/KLCM habitats within the area and, if Iandowner permission can be obtained, adjacent lands with potential KLWR/KLCM habitat. 3. Trapping should be conducted over the entire project area using a grid system of Sherman Iive-traps spaced at 10-15 meter intervals. 4. Traps should be set for four consecutive nights per trapping season or until an individual of each species is caught. Unexpected drops in temperature may cause a disruption in consecutive trapping nights. 5. Trapping will not be conducted when nighttime temperatures are forecast to be <60°F. If temperatures are forecast to be in the mid to low 60's, cotton balls (4-5) will be placed in the trap along with the bait. 6. Bait should consist of crimped oats and any combination of the following ingredients: peanut butter, grapes, apples and/or sunflower seeds. 7. In areas where fire ants are present, 10%Carbaryl (Sevin)dust will be placed immediately under the traps so that KLWRs/KLCM will not come in immediate contact with it. Other approved methods will be considered. S. Traps should be checked and all KLWRs/KLCM released no later than 3 hours after official sunrise. 9. Upon capture of a KLWR or KLCM, authorized personnel identified by the Service will be contacted immediately. 10.All captured individuals shall be handled for as briefly as possible in a humane manner during the time it takes to tag, examine, identify,and collect necessary biological samples. OPTIONAL: All KLWRs captured in the wild will have blood 1 • samples taken by authorized personnel for genetic analysis. PIT(passive-induced transponder)tags in conjunction with ear tags will be used for individual woodrat identification and such identification will be applied by authorized personnel. All KLWRs/KLCM shall be released at their point of capture, if possible. 11. Any black rats(Rattus rattus) captured during woodrat trapping will be euthanized humanely. If raccoons are disturbing traps (determined by missing bait or closed traps),the Service will be contacted and an appropriate method for minimizing trap disturbance will be implemented. If raccoon trapping is deemed necessary,the raccoons will be trapped using appropriately sized traps (e.g.,Tomahawk). Domestic cats are to be released on the perimeter of the study area near residences and any feral cats captured in the traps will be brought to the local animal shelter. 12.Presence of KLWRs/KLCM can be documented in a single trapping period. To determine absence,traps shall be operated seasonally(fall,winter, spring, summer) for 2 years. 13. Site description and trapping data should be recorded. Site description should include GPS location and property Real Estate number,habitat on the project area and adjacent lands, and trapping design relative to habitat distribution. Daily trapping data should include number of KLWRs/KLCM trapped per day, non-target species, and lost or missing traps. Sex,age, and reproductive status of Key Largo cotton mice will also be reported. Digital photographs of trap setups and captured animals should be included with the final report. All data, including all verified data, GIS files, metadata,photographs, reports and final reports will be delivered via CD-or DVD-ROM. All trapping information should be submitted to the following offices: Sandra Sneckenberger Ernest M. Cowan U.S. Fish and Wildlife Service Florida Park Service 1339 20th Street 13798 S.E. Federal Highway Vero Beach, Florida 32960 Hobe Sound,Florida 33455 Jeffery A. Gore,Ph.D. Jeremy Dixon Fish and Wildlife Research Institute Crocodile Lake National Wildlife Refuge Florida Fish and Wildlife Post Office Box 370 Conservation Commission Key Largo,Florida 33037 3911 Highway 2321 Panama City,Florida 32409 Dana Hartley U.S.Fish and Wildlife Service Paul Rice South Florida Ecological Services Office Pennekamp State Park 1339 20th Street Post Office Box 487 Vero Beach,Florida 32960-3559 Key Largo,Florida 33037 2 EXHIBIT B to the First Amendment— Revised Scope of Work - r ' • EXHIBIT B Revised Scope of Work to the CONTRACT BETWEEN MONROE COUNTY and METRIC ENGINEERING,INC. - North Key Largo Restoration Project—Project Manager The purpose of the North Key Largo Restoration Project("Project")is to restore native upland habitat within Dagny Johnson Key Largo Hammock State Park("Park"),in North Key Largo,by removing abandoned structures,fill, asphalt roads and parking lots. The Project consists of restoration work at three separate Iocations within the Park, listed below: Site A: Port Bougainville Site Site B: Nike Radar Site Site C: Old Roads Site All sites will be restored to natural elevations and then planted with appropriate native tree species.All sites may or may not be completed,based on available funding. The Project Manager("PM")will monitor and inspect the work of contractors working on the Project. The selected PM will be responsible for managing all aspects of the Project including,but not limited to,preparation of bid documents,acquiring necessary permits,coordination with contractors,and daily Project monitoring and inspections. The contractors on this Project will may include a demolition contractor,an asbestos abatement contractor,a consulting biologist and a landscape contractor. The PM will coordinate with and report to the Monroe County Land Steward and the Park Manager and Park Biologist of John Pennekamp Coral Reef State Park("Park staff')on all aspects of the Project. The site is extremely environmentally sensitive and will require careful monitoring and inspections to verify that the surrounding area or endangered species are not negatively impacted by the Project. The PM should be familiar with Keys' species and habitats. Please see the attached document"North Key Largo Restoration Project"for more information related to the Project(Exhibit"A"). General Specifications: 1. The PM will finalize the"Scopes of Work"for the demolition contractor,the asbestos abatement contractor,the consulting biologist and the landscape contractor. 1(A).The COUNTY requires the additional services of the PROJECT MANAGER,to make revisions to the RFP based on the amendment to the Biological Opinion,to assist in preparation of minutes and any other addenda which result from the pre-bid meeting or the revised RFP process,including responses to questions and drafting Addendum and to conduct a pre-bid meeting for the revised RFP. 1. The PM will prepare the bid documents,in accordance with Monroe County requirements,including all addenda,for contractors listed under#1 (above),if necessary.. 2. The PM will organize and attend pre-bid meetings for both the demolition contractor and the asbestos abatement contractor and will prepare meeting minutes for both. These meetings will be held on site (North Key Largo). Minutes shall be submitted to the Monroe County Land Steward within three(3) business days of the meeting. Steward within three(3)b„sine ..da ys o f the..,.,eeting b' 4. The PM will ensure that all necessary permits have been obtained for the Project. This will include coordination with the contractors,Park staff,the County and other appropriate regulatory agencies. The - PM is not responsible for payment of any permit fees. 5. The PM will review the US Fish&Wildlife Service's(USFWS)Biological Opinion(which was attached as Exhibit B to the Agreement between Monroe County and FDEP dated July 18th 2012)and the Amended Biological Opinion dated May 8,2015 attached as Exhibit A to this First Amendment)to ensure that all aspects of the Project comply with the requirements of both Documents. • 6. Upon commencement of the Project,the PM shall provide daily management,monitoring and inspections •of the Project. 7. The PM will coordinate the scheduling of all contractors working on the Project. 8. The PM will verify that the contractors are complying with the requirements of their respective contracts. 9. The PM will open the locked gates for contractors in the morning and will lock the gates at the end of the workday. 10. The PM will be on-site,monitoring and inspecting the Project,while contractors are working. However, the PM will not be required to be present(on-site)during the live-trapping event conducted by the consulting biologist. 11. The PM will verify that all work is completed in an environmentally sensitive manner and will coordinate with Park staff prior to trimming,clearing,or cutting vegetation needed for equipment access and/or building and roadway removal. 12. The PM will verify that all work is accomplished in a manner consistent with all County,State and Federal codes and regulations and environmental standards. 13. The PM will provide daily progress reports(via email)to the Monroe County Land Steward and Park staff. 14. If any problems or issues arise,the PM will immediately contact(via phone)the Monroe County Land Steward and Park staff 15. The PM will attend any inspections conducted by regulatory agencies and will notify the Monroe County Land Steward and Park staff of meeting times and dates. 16. The PM will prepare a Final Project Summary Report,documenting Project costs,work completed and acres of habitat restored. The report shall include"before"and"after"photos of the Project sites. 17. For all identified issues of contractor noncompliance with permit conditions,contract requirements, construction plans and other governing documents,the PM will promptly report the issue to the Land Steward and coordinate remedial actions required for the contractor to remedy the noncompliance issue. The PROJECT MANAGER shall be paid upon completion of the following phases,as indicated in the table below. The corresponding percentage of the contract sum indicated in the table shall be paid upon completion of each phase. There are no reimbursable expenses.The County may require the phases listed below to be done in any order • in consultation with the PROJECT MANAGER. Phase Description %Total Time On- Project Site (maximum) 1 Preparation of scopes of work and bid documents for other contractors, 5% PAID including any addenda,which has been completed. • 1 (A)Additional Services:Preparation of revised RFP,in accordance with $4,280.00 NA amendment to BO,to assist in preparation of minutes and any other addenda which result from the pre-bid meeting or the revised RFP process,including responses to questions and drafting Addendum and to conduct the pre-bid meeting for revised RFP. 2 Permit coordination,attendance at pre-bid meetings(2)and preparation of 5% PAID minutes and any other addenda which result from pre-bid meeting or RFP process.Completed and Paid. 3 On-site management&coordination for Port Bougainville restoration 20% 15 weeks 4 On-site management&coordination for Nike Radar site asbestos abatement 15% 8 weeks 5 On-site management&coordination for Nike Radar site restoration 20% 15 weeks 6 On-site management&coordination for Old Roads restoration 20% 3 weeks 7 On-site management&coordination for native planting at Port Bougainville 5% 2 weeks 8 On-site management&coordination for native planting at Nike Radar site 5% 2 weeks 9 Preparation of Final Project Summary Report 5% NA To the maximum extent practicable,the Phases involving on-site management in the Table above(Phases 3-8)will be performed concurrently. The total combined construction schedule for these phases is not expected to exceed 18 weeks of on-site management by the Project Manager. r i a DATE(MMIDDIYYYY) A`O o CERTIFICATE OF LIABILITY INSURANCE 7/20/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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). 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DL SUBR I POLICY EFF POUCY EXP I INSRLVR TYPE OF INSURANCE I INS01 WVD I POUCY NUMBER 1 IMMI00VYYYYI I(MMIDDIYYYYI i UNITS A ;X4COMMERCIAL GENERAL LIABILITY I Y ' 21UUNAN3986 3/1/2015 3/1/2016 1 EACHOCCURRENCE 151.000.000 l DAMAGE-TO Ri:F17Eb -�-` i CLAIMS•MADE I OCCUR ( I PREMISES(Ea occurrence) j 5300,000 1-— I I MED EXP(Any one person) 510,000 i __ PERSONAL 8 AOV INJURY S 1.000,000 _ (GEN'L AGGREGATE LIMIT APPr LIES PER I GENERAL AGGREGATE 52,000,000 O. _ POLICY X jecT j i LOG PRODUCTS-COMP/OP AGG S2,000.000_R ( � OTHER: j B 15 AUTOMOEILE LIABILITY Y j ;21UENZP2382 ;3/1/2015 i 3/1/2016 Ea oaei deL tj�t'LE LIMA I S1,000,000 LX i ANY AUTO ; BODILY INJURY(Per person) S '�ALL OWNED r"1 SCHEDULED BODILY INJURY(Peroccident) S `AUTOS I AUTOS 1 I NON•oNMED , I PROPERTY DAMAGE X i HIRED AUTOS 1 X t AUTOS ! 1(Peracodent) 5 1 i I1 i 5 C i X UMBRELLA UAB j X I OCCUR I ;21XHUAN3161 j 3/12015 3/1/20161 F EACH OCCURRENCE 51,000,000 i 1 AGGREGATE _ 51,000,000 f I l DEO i X I RETENTIONS 10,000 j I 5 D 'WORKERS COMPENSATION I '21 WBAJ5341 1 3/1/2D 15 3/1/2016 I X [STATUTE ; I E TH AND EMPLOYERS'LIABILITY Y/N i ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT S1,000,000 OFFICERIMEMBER EXCLUDED? 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