Item C13County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: C.13
Agenda Item Summary #2533
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338
None
AGENDA ITEM WORDING: Approval of Contract Amendment Number 3 with T.Y. Lin
International for the removal of the Higgs Beach Sand Replenishment Services and the addition of
Arborist Services regarding approximately 498 trees affected by the Relocation of the Atlantic
Boulevard Project. This amendment results in a net decrease of $15,551.00 to the contract and is
funded by the one -cent infrastructure tax.
ITEM BACKGROUND: The Higgs Beach sand replenishment services are removed from this
contract ($21,076.00) and are now provided through a Task Order funded with a Tourist
Development Council Grant. Arborist services are added to this contract for an assessment of
affected trees and to expedite the tree permitting process ($5,525.00).
PREVIOUS RELEVANT BOCC ACTION: On August 20, 2014, the BOCC approved the
Professional Services Contract with T.Y. Lin International for the Relocation of Atlantic
Boulevard. On March 18, 2015, the BOCC approved Contract Amendment Number 1 for
relocation of the existing dog park, development of new pedestrian connections south of the
relocated roadway, replenishment of the beach sand, and relocation of the racquetball court
and squash court. On October 21, 2015, the BOCC approved Contract Amendment Number 2
for a revised scope that ensures consistency with the Higgs Beach Master Plan documents. On
December 14, 2016, the BOCC approved a Task Order with T.Y. Lin International for the
replenishment of sand at Higgs Beach for both above and below the mean high water line.
CONTRACT /AGREEMENT CHANGES:
Amendment 3 removes sand replenishment services and adds aborist services.
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
2016.12.22 - Relocation Atlantic Blvd. - 3rd Amend - TY Lin (Consultant Executed)
2015.10.21 - Relocation Atlantic Blvd. - 2nd Amend - TY Lin
2015.03.18 - Relocation Atlantic Blvd. - 1st Amend - TY Lin
2014.08.20 - Relocation Atlantic Blvd. - Contract - TY Lin
FINANCIAL IMPACT:
Effective Date: 01/18/2017
Expiration Date:
Total Dollar Value of Contract: $560,157.70
Total Cost to County: $560,157.70
Current Year Portion: $230,193.45
Budgeted: Yes
Source of Funds: Fund 304
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: Yes.
Additional Details:
If yes, amount: N/A
Yes
01/18/17 304 -25000 - CULTURE & RECREATION PRO ($15,551.00)
CC 1402
REVIEWED BY:
Ann Mytnik
Completed
12/28/2016 9:39 AM
Doug Sposito
Completed
12/28/2016 10:38 AM
Patricia Eables
Completed
12/28/2016 12:40 PM
Budget and Finance
Completed
12/28/2016 3:19 PM
Maria Slavik
Completed
12/29/2016 7:24 AM
Kathy Peters
Completed
12/29/2016 9:35 AM
Board of County Commissioners
Completed
01/18/2017 9:00 AM
Third Amendment to Agreement for Professional Services
Between Owner and Engineer
Atlantic Boulevard Road Relocation Project
This Third Amendment to the Agreement (herein, after "Amendment "), between Owner and
Engineer for the Design and Permitting Services for the Relocation of Atlantic Boulevard,
entered into between MONROE COUNTY .-( "Owner" or "COUNTY ") and T.Y.LIN
INTERNATIONAL ( "Engineer" or "CONSULTANT ", or CONTRACTOR "), is made and
entered into this 18 day of January, 2017, in order to amend the Agreement as follows:
Witnesseth
WHEREAS, on August 20, 2014, the parties entered into a contract for the design and permitting
of the relocation of Atlantic Boulevard at Higgs Beach in Key West, Florida; and
WHEREAS, on March 18, 2015, a 1" Amendment to Contract was entered into increasing the
scope of services to include the relocation of the existing dog park, develop new pedestrian
connections south of the relocated roadway, replenishment of the beach sand, and relocate the
racquetball court and squash court; and
WHEREAS on October 21, 2015, a 2 nd Amendment was entered into outlining a revised scope of
work due to inconsistencies with the approved Higgs Beach Master Plan documents and the
previously submitted 60% design; and
WHEREAS, the design for the replenishment of the beach sand was rejected by the Florida
Department of Environmental Protection (FDEP) and requires re- designing with the
replenishment of sand both above the mean high water line and below the mean high water line;
and
WHEREAS, on December 14, 2016, the Monroe County Board of County Commissioners
approved a Task Order with T.Y. Lin International/H.J.Ross for the design through construction
administration of the replenishment of sand at Higgs Beach for both above and below the mean
high water line in accordance with the terms and conditions of the Agreement for On Call
Professional Engineering Services dated January 16, 2014, and as amended on March 18, 2015;
and
WHEREAS, there are approximately 498 trees along Atlantic Boulevard that will be affected by
the road relocation project and to avoid changes to the landscape plan during construction, the
City of Key West requests an ISA Certified Arborist to prepare an Arborist Assessment Report
that provides a professional recommendation for the approximately 388 trees and palms
proposed for preservation and 110 proposed for relocation in the tree disposition plan; and
Atlantic Boulevard Road Relocation Page 1
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Owner and Engineer agree as follows:
1) Exhibit A attached to the I" Amendment of March 18, 2015, shall exclude the costs
associated with the beach restoration in the amount of $21,076.00, and shall hereby be
excluded from the scope of work for the Atlantic Boulevard Road Relocation project.
2) Consultant shall provide professional services from E Sciences, Incorporated to conduct a
site visit to assess approximately 498 trees along Atlantic Boulevard in Key West. E.
Sciences will prepare an Arborist Assessment Report outlining the suitability of
relocating approximately 110 trees and palms and identifying concerns and providing
recommendations regarding specific trees and palms with severe defects, conflicts, or
other issues relevant to the project. Recommendations may include removal, relocation,
or maintenance, including tree protection, pruning, fertilization, etc. Photographs of
specific tree issues documented in the report will be included for illustrative purposes
where suitable. The fee for these services shall be a lump sum fee of $5,525.00.
3) Article VII, 7.1.1 of the Agreement dated August 20, 2014, and as revised in the 2nd
Amendment dated October 21, 2015, shall be revised as follows: The COUNTY shall
pay the CONSULTANT monthly, in current funds for a percentage of progress
completed for each task. The total not to exceed the amount of $560,157.70, which
includes the deduction of $21,076.00 as described in paragraph 1 above and the addition
of $5,525.00 as described in paragraph 2 above.
4) Article 9.21, Public Access, of the original Contract dated August 20, 2014, shall be
revised as follows with the Consultant referred to herein also as "Contractor" for this
provision only:
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of
the Constitution of Florida. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public
record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
Atlantic Boulevard Road Relocation Page 2
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section 119. 10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise
provided by law.
Atlantic Boulevard Road Relocation _ Page 3
IF THE CONTRACTOR HAS QUESTIONS REGARDI THE
APPLICATION OF CHAPTER 119 FLO STATUTES TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN
OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305 -292-
3470 BRADLEY- BRIAN @MONROECOUNTY- FL.GOV MONR
COU ATTORNEY'S OF FICE 111112 TH Street SUITE 408 KEY
WEST, FL 33040.
5) In all other respects, the original Contract dated August 20, 2014 and as amended on
March 18, 2015, and October 21, 2015, remains unchanged.
IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be executed
by its duly authorized representative on the day and year first written above.
Kevin Madok, CPA, Clerk
By:
Deputy Clerk
Date:
(Seal)
Attest:
Wi Bess to Cos tent:
By:
Title: A S '
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M.
Mayor /Chairman
CONSULTANT,
MONROE COUNTY ATTORNEY'S OFFICE
PP OVEP AS TR F R
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE:
I
B .
Atlantic Boulevard Road Relocation Page 4
T.Y. LIN INTERNATIONAL
2 "" Amendment to Contract for Professional Services
Between Owner and Engineer
Atlantic Boulevard Road Relocation Project
The second amendment to contract (herein, after "Amendment ") between Owner and Engineer for the
Design and Permitting Services for the Relocation of Atlantic Boulevard, entered into between MONROE
COUNTY ( "Owner" or "COUNTY ") and T.Y. LIN INTERNATIONAL ( "Engineer" or
"CONSULTANT " ) is made and entered into this 21" day of October, 2015, in order to amend the
contract as follows:
WHEREAS, on August 20, 2014, the parties entered into a contract for the design and permitting of the
relocation of Atlantic Boulevard at Higgs Beach in Key West, Florida; and
WHEREAS, on March 18, 2015 the I" Amendment to Contract was entered into increasing the scope of
services to include the relocation of the existing dog park, develop new pedestrian connections south of
the relocated roadway, replenishment of the beach sand, and relocate the racquetball court and squash
court; and
WHEREAS, submission of the 60% design for the relocation of Atlantic Boulevard revealed
inconsistencies with the approved Higg's Beach Master Plan documents;
NOW THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein,
and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner
and Engineer agree as follows:
1) The original contract dated August 20, 2014 and as amended on March 18, 2015 remain intact
with the exception to re- design and re- submit the 30% and 60% design documents to meet the
master plan. The additional scope of services are as follows:
a) 30% Design Documents — The CONSULTANT will re- analyze, re- design and provide
supporting calculation as necessary for the re- alignment of Atlantic Blvd. as well as the
parking lots, walkways, and park features as described in the contract documents.
CONSULTANT will submit a new 30% level design document with a justification report
describing in detail all the recommended deviation from the master plan and the
engineering /architectural reasons for the deviation. The COUNTY will present these
documents to the City of Key West Planning Director for review and comment.
b) 60% Design Documents — Upon approval by the City of Key West, the CONSULTANT will
proceed to finalize and re- submit the 60% design documents as described in the original
contract and 1" amendment.
c) Submittals — Construction Plan submittals will be based on the following phases:
Phase One — 30% plans will contain the following:
• Key Sheet (will be under originally scoped plan set)
• General Notes (will be under originally scoped plan set)
• Preliminary Roadway and Parking Lot Layout — (1 " =40')
• Preliminary Dog Park Layout — (1" = 40')
• Preliminary Walkway Layout — (1" = 40')
• Preliminary Landscape and Hardscape Layout — for dog park and connectivity
walkways (1" = 40')
• Preliminary Racquetball and Pickle -Ball court Layout
• Preliminary Civil Site, Landscape, and Hardscape Details
• Preliminary Probable Opinion of Costs
• Phase One Submittal — The phase one (30 %) plans package will be transmitted to the
COUNTY's Project Manager in 11" X 17" hard copy format with a CD containing all
files and associated calculations and reports, as well as the Justification Report addressed
to the City of Key West.
• Phase One Review — The COUNTY will distribute plan sets to all affected parties for a
three week review period including the City of Key West Planning department for
approval of the master plan deviations. At the conclusion of the review period the
COUNTY's project Manager will transmit all comments to CONSULTANT for comment
resolution and disposition. CONSULTANT will provide all comments in spreadsheet
form to the COUNTY's Project Manager with all comments addressed. CONSULTANT
and COUNTY's Project Manager will meet within one week after submitting comment
spreadsheet to address and provide final disposition of all comments before proceeding to
Phase Two (60 %) plans.
• Phase Two — 60% plans will contain the following:
• Key Sheet (will be under originally scoped plan set)
• General Notes (will be under originally scoped plan set)
• Tabulation of Quantities
• Roadway and Parking Lot Layouts — Paving, Grading, and Drainage (1" = 40')
• Dog Park Layout — Paving, Grading, and Drainage (1" = 40')
• Walkway Layout — Paving, Grading, and Drainage (1" = 40')
• Landscape and Hardscape Layout — for dog park and connectivity walkways
(will not be additional scope and included under originally scoped plan set as a
true 60% package was not submitted for Landscape and Hardscape)
• Racquetball and Squash Court Layout (will be under originally scoped plan set)
• Racquetball and Pickle -Ball court Arch. /Struct.Drawings (will be under
originally scoped plan set)
• Civil Site, Landscape, and Hardscape Details
• Drainage Details (NTS)
• Special Details (NTS)
• Drainage Calculation
• Permit Application responses and coordination
• Probable Opinion of Costs
• Phase Two Submittal — The Phase Two (60 %) plans package will be transmitted to the
COUNTY's Project Manager in 11" X 17" hard copy format and with a CD containing
all files and associated calculation and reports.
• Phase Two Review — The COUNTY will distribute plan sets to all affected parties for a
three week review period. At the, conclusion of the review period the COUNTY's Project
Manager will transmit all comments to CONSULTANT for comment resolution and
disposition. CONSULTANT will provide all comments in spreadsheet form to the
COUNTY's Project Manager with all comments addressed. CONSULTANT and
COUNTY's Project Manager will meet within one week after submitting comment
spreadsheet to address and provide final disposition of all comments before proceeding to
Phase Three (100%) construction documents and specifications.
Phase Three — 100% Plans shall be submitted per the previously approved contract and
amendment.
2) Article VII, 7, 1.1 of the contract dated August 20, 2014 is revised as follows: The COUNTY
shall pay the CONSULTANT monthly, in current funds for percentage of progress completed for
each task. The total not to exceed amount of $575,708.70 includes this 2 " Amendment of
$48,918.00.
3) Article 11, 2.3 of the contract dated August 20, 2014 is revised as follows:
Delete: Ms. Patricia (Trish) Smith, AICP
Monroe COUNTY Transportation Program Manager
102050 Overseas Highway, Room 212
Key Largo, Florida 33037
Add: Mr. Doug Sposito, Director of Project Management
1100 Simonton Street — Room 2-216
Key West, FL 33040
4) In all other respects, the original Contract dated August 20, 2014 and as amendment on March 18,
2015 remains unchanged.
WITNESS WHEREOF, each party caused this Agreement to be executed by its duty authorized
ive on the day and year first written above.
CPA, Clerk
Clerk
Attest:
By:
Title:
Z
Title : Asi a, -A — Q i c , P-nt, -, 1-
M° : TYCIRI
I'M VED A 1, ' % IV
Amendment 1 —TY LIN INTERNATIONAL
0 Amendment to Contract for Professional Services
between Owner and Engineer
Atlantic Boulevard Road Relocation Project
The first amendment to Contract (herein, after "Amendment ") between Owner and Engineer for
the Design and Permitting Services for the Relocation of Atlantic Boulevard, entered into
between Monroe County ( "Owner" or "County ") and TY LIN INTERNATIONAL is made and
entered into this) - day of _ �. , 2015, in order to amend the contract as follows:
Witnesseth
WHEREAS, on August 20, 2014, the parties entered into a contract for the design and permitting
of the relocation of Atlantic Boulevard at Higgs Beach in Key West, Florida; and
WHEREAS, the new alignment was set based on site limitations such as existing infrastructure,
historic gravesites, and permitting restrictions; and
WHEREAS, the existing dog park, the existing racquetball court, and connections to West
Martello Tower will be impacted by the road realignment project; and
WEREAS, Monroe County has a TDC grant that expires on September 30, 2015 to replenish the
sand on Higgs Beach;
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements
stated, herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Engineer agree as follows:
1) Article II, 2.1 is revised as follows: "CONSULTANT'S Scope of Basic Services consists
of those described in Attachment A of the contract and Exhibit A of Amendment 1. "
2) Article VII, 7.1.1.1 of the contract is revised as follows: "The COUNTY shall pay the
CONSULTANT monthly, in current funds for percentage of progress completed for each
task based on the hourly rates outlined in Attachment B — Consultant Hourly Rates in the
contract. The total Not to Exceed Amount of $526,790.70 will apply to this agreement. "
3) In all other respects, the original Contract dated August 20, 2014 remains unchanged
1
Amendment 1 — TY LIN INTERNATIONAL
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first written above.
Heavilin, CPA, Clerk
By:
Deputy Clerk
Date: M 4!
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Ms. Patricia Smith
Higgs Beach Additional Services
February 2, 2015
Page 2
EXHIBIT "A"
SCOPE OF SERVICES
1. Project History
Higgs Beach was designated in 1948 by Monroe County (COUNTY, Owner) with a total area
of approximately 16.5 acres. It is affectionately known in the community as the "Local's
Beach." Located between White Street and Reynolds Street, Higgs Beach is bifurcated by
Atlantic Boulevard, which provides primary access for many residents and visitors to the area.
The sandy beach areas are located on the south side of the roadway as well as a restaurant
(Salute! On the Beach), a pedestrian walkway, beach tables, parking areas, and other beach
amenities. On the north side of Atlantic Boulevard, six asphalt tennis courts, two small parking
lots, a playground, a dog park, and an FAA tower are found.
2. Description of the Additional Project Components
The purpose of this proposal is to provide an additional Scope of Services (SoS) to provide the
COUNTY with a complete set of design plans for the additional components related to the
relocation of Atlantic Boulevard at Higgs Beach in Key West, Florida. This additional SoS
includes the following:
• Construction documents for the re- location of the existing dog park.
• Coordination of dog park layout with proposed fitness trail (by others)
• Construction documents for the south -side connections between the new Atlantic
Boulevard alignment, the Martello Tower, existing restaurant, beach and other amenities
• Construction documents for the re- located racquetball court with one outdoor squash
court.
• Construction Documents and Permitting for Higgs Beach replenishment.
T.Y. Lin JH.J. Ross (TYLI, CONSULTANT) will conduct the following activities:
• Conduct the necessary due diligence, including a topographic survey of the Higgs Beach
area
• Design and Permitting of the Higgs Beach Replenishment project.
• Paving, Grading, and Drainage designs for Dog Park, walkways, and connections to
existing facilities
Ms. Patricia Smith
Higgs Beach Additional Services
February 2, 2015
Page 3
• Landscape Architecture design for Dog Park, walkways, and connections to existing
facilities
• Perform architectural and structural design for the re- located racquetball court with one
outdoor squash court.
• Meet with permitting and regulatory agencies with Owner to review added scope items.
• Prepare final design plans in accordance to Monroe County Public Works and other
applicable standards including specifications package and technical special provisions, if
any.
3. Scope of Services
a. Dog Park Design
The CONSULTANT will analyze, design and provide supporting calculations as
necessary and prepare construction documents to support the development of a new
relocated Dog Park to the north of the relocated roadway. The size of the new Dog
Park will be equivalent in area to the existing Dog Park (approximately 1.5 ac).
The scope will include Landscape Architecture for the park hardscape and landscape
components, and Civil Engineering to address the Paving, Grading and Drainage
components of the project.
In addition, our services will include coordination with the consultant responsible for
the fitness trail at the northeast corner of the park which will have to be modified to
accommodate the new Dog Park.
b. South -Side Connectivity
The CONSULTANT will analyze, design and provide supporting calculations as
necessary and prepare construction documents to support the development of new
pedestrian connections south of the relocated roadway.
The pedestrian connections will connect the relocated roadway sidewalks and parking
lots to the existing and proposed facilities south of the roadway including Martello
Tower, the restaurant, and the beach.
1, 0
Ms. Patricia Smith
Higgs Beach Additional Services
February 2, 2015
Page 4
The scope will include Landscape Architecture for the walkways and open spaces
hardscape and landscape components, and Civil Engineering to address the Paving,
Grading and Drainage components of the walkways.
c. Beach Replenishment Design
The CONSULTANT will prepare the design for the beach sand replenishment project
to support permit documents. The design plans will include:
• Dimensioned Site Plan
• Grading Plan
• Cross-sections
• Agency Coordination/Permitting
o The CONSULTANT will coordinate with FDEP to prepare the required CCCL
permit for the sand replenishment project. The CONSULTANT will prepare the
necessary permit applications and support documents to meet permitting
requirements. Responses to regulatory Request for Additional Information
(RAI) will be prepared within regulatory timeframes. One (1) RAI is
anticipated.
• Mean High Water Survey
o Establish the Mean High Water Line (MHWL) along the ocean front boundary
of the project.
o Take elevation cross sections at 50-foot intervals in order to interpolate the
MHWL elevation.
o Update the previously performed Map of Topographic Survey (Atlantic
Boulevard) in order to depict the MHWL
• Cost Estimate / Contractor Coordination
o The CONSULTANT will prepare an Engineer's Estimate of Probable
Construction Cost to assist the County in determining the quantity of sand that
may be imported for restoration. The CONSULTANT will also assist the
COUNTY in the identification of potential contractors and suppliers.
• Construction Phase Services
o The CONSULTANT will perform construction phase services to consists of site
visits during construction (estimated I week), review of shop drawings,
responses to Request for Information (RFI), and project close out. Sand will be
visually inspected for compliance with permit specifications.
a
Ms. Patricia Smith
Higgs Beach Additional Services
February 2, 2015
Page 5
d. Relocated Racquetball Court and Squash Court
The CONSULTANT will analyze, design and provide supporting calculations as
necessary and prepare construction documents to support the relocation of the existing
racquetball court (full reconstruction), and a new squash court at a location yet to be
determined. I
The scope will include the Civil, Architecture, and Structural Engineering required to
design and permit this component of the project.
4. SUBMITTALS
Construction Plan submittals will be based on the following phases:
• Phase One- 60% Plans will contain the following:
• Key Sheet (will be under originally scoped plan set)
• General Notes (will be under originally scoped plan set)
• Preliminary Tabulation of Quantities
• Preliminary Dog Park Layout — Paving, Grading, and Drainage (1 " =40')
• Preliminary Walkway Layout — Paving, Grading, and Drainage (1 " =40')
• Preliminary Beach Replenishment Plans (under separate cover for advanced
procurement)
• Preliminary Landscape and Hardscape Layout — for dog park and connectivity
walkways
• Preliminary Racquetball and Squash Court Layout
• Preliminary Racquetball and Squash Court Arch./Struct. Drawings
• Preliminary Civil Site, Landscape, and Hardscape Details
• Drainage Details (NTS)
• Special Details (NTS)
• Preliminary Drainage Calculations
• Preliminary Permit Applications
• Preliminary Probable Opinion of Costs
• Phase One Submittal
The Phase One (60 %) plans package will be transmitted to the COUNTY'S Project
Manager in 1 l "x 17" hard copy format and with a CD containing all files and
Ms. Patricia Smith
Higgs Beach Additional Services
February 2, 2015
Page 6
associated calculations and reports.
Phase One Review
The COUNTY will distribute plan sets to all affected parties for a three week
review period. At the conclusion of the review period the COUNTY'S Project
Manager will transmit all comments to CONSULTANT for comment resolution
and disposition. CONSULTANT will provide all comments in spreadsheet form to
the COUNTY'S Project Manager with all comments addressed. CONSULTANT
and COUNTY'S Project Manager will meet within one week after submitting
comment spreadsheet to address and provide final disposition of all comments
before proceeding to Phase Two (90 %) plans.
Phase Two- 90% Plans will contain the following:
• Key Sheet (will be under originally scoped plan set)
• General Notes (will be under originally scoped plan set)
o Tabulation of Quantities
• Dog Park Layout— Paving, Grading, and Drainage (1"=40')
• Walkway Layout— Paving, Grading, and Drainage (1 " =40')
• Beach Replenishment Plans (under separate cover for advanced procurement)
• Landscape and Hardscape Layout — for dog park and connectivity walkways
• Racquetball and Squash Court Layout
• Racquetball and Squash Court Arch. /Struct. Drawings
• Civil Site, Landscape, and Hardscape Details
• Drainage Details (NTS)
• Special Details (NTS)
• Drainage Calculations
• Permit Application responses and coordination
• Probable Opinion of Costs
Phase Two Submittal
The Phase Two (90 %) plans package will be transmitted to the COUNTY'S Project
Manager in 11 "x 17" hard copy format and with a CD containing all files and
associated calculations and reports.
• Phase Two Review
a
The COUNTY will distribute plan sets to all affected parties for a three week
review period. At the conclusion of the review period the COUNTY'S Project
Manager will transmit all comments to CONSULTANT for comment resolution
13
Ms. Patricia Smith
Higgs Beach Additional Services
February 2, 2015
Page 7
and disposition. CONSULTANT will provide all comments in spreadsheet form to
the COUNTY'S Project Manager with all comments addressed. CONSULTANT
and COUNTY'S Project Manager will meet within one week after submitting
comment spreadsheet to address and provide final disposition of all comments
before proceeding to Phase Three (100 %) construction documents and
specifications.
• Phase Three- 100% Plans shall contain the following:
• Key Sheet (will be under originally scoped plan set)
• General Notes (will be under originally scoped plan set)
• Final Tabulation of Quantities
• Final Dog Park Layout —Paving, Grading, and Drainage (1 " =40')
• Final Walkway Layout — Paving, Grading, and Drainage (1 "=40')
• Final Beach Replenishment Plans (under separate cover for advanced
procurement) _
• Final Landscape and Hardscape Layout — for dog park and connectivity
walkways
• Final Racquetball and Squash Court Layout
• Final Racquetball and Squash Court Arch. /Struct. Drawings
• Final Civil Site, Landscape, and Hardscape Details
• Final Drainage Details (NTS)
• Final Special Details (NTS)
m
o Final Drainage Calculations
o Final Permits
• Final Probable Opinion of Costs
• Technical Special Provisions (signed and sealed) °
• Other Specification Requirements from COUNTY
• Phase Three Submittal
The Phase Three (100 %) is the complete set of documents to for biding purposes.
The Phase Three (100 %) plans package will be transmitted to the COUNTY'S
Project Manager in 11 "x 17" hard copy format signed and sealed and with a CD
containing all files and associated calculations and reports. The CONSULTANT
will assist the COUNTY as requested in evaluation of the bids, attendance at
preconstruction meeting and answering prospective bidder questions.
• Post Design Services
Ms. Patricia Smith
Higgs Beach Additional Services
February 2, 2015
Page 8
At the COUNTY'S request the CONSULTANT will provide a separate proposal
to be available during construction for shop drawing reviews, answering Request
for Information (RFIs), make necessary revisions based on field or unforeseen
conditions and other support services the COUNTY may desire.
5. ITEMS NOT INCLUDED
Bid & Award Services
Construction Phase Services other than what is described for the Beach Replenishment
Project.
6. INFORMATION TO BE PROVIDED TO TY LIN J HJ ROSS
+ Access to the site
+ Any pertinent information available
7. ADDITIONAL SERVICES
The above scope of services represents "basic services" to be performed as part of our
lump sum price. Additional services beyond the scope of these basic services will only be
performed on an as needed basis and with approved authorization. If additional services are
required, CONSULTANT will prepare a separate scope of services and labor cost.
8. COMPENSATION
CONSULTANT will perform the Work detailed in this Proposal for a Total Lump Sum fee
of One Hundred and Forty -Nine Thousand Nine Hundred and Eighty -Seven Dollars and 00
cents ($149,987.00). This includes an allowance for potential Permit Fees in the amount of
$2,500.00. Exhibit "B" provides a detailed estimate of the Man -Hours and Fees.
Ms. Patricia Smith
Higgs Beach Additional Services
February 2, 2015
Page 9
EXHIBIT "B"
FEE ESTIMATE
HIGGS BEACH
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES
Monroe County
Higgs Beach
Additional Professional Engineering Services Fee and Cost Detail
a
r S' 1
cn tiJ
w
v
�
o
r
�
HOURLY WA E RATO
$175.001
$160,001
$125.00
$63.50
r� **
1.1 Construction Documents
20
40
60
80
201
$22,480
1.2
Cost Estimate
4
2
4
0
1
$1,520
2.1
Construction Documents
16
20
40
60
13
$14810
2.2
Cost Estimate
4
2
4
0
1
$1,520
1S
a
4
8
16
24
5
$5,504
3.1
Design Plans
3.2
Coordination /Permitting with FDEP
8
4
16
16
44
$5,056
3.3
Cost Estimate /Contractor Coordination
4
2
4
0
1
$1,520
3.4
Construction Phase Services
4
8
48
16
7
$8,996
UK
4.1
Structural Construction Documents (LA to provide Arch. Design)
60
120
28
$30720
4.2
Cost Estimate
4
4
2
4
4
0
1
$1,520
u total
$93,646
SUMMARY OF HOURS
88
148
276
1 316
828
+,
$15,400
$23,680
$34,500
$20,066
$93,646
SUBTOTAL - SALARIES
MHW SURVEY
$4,149
LANDSCAPE ARCHITECTURE - FERNANDEZ- BERAUD
$45,010
ALLOWANCE FOR PERMIT FEES
$2,500
DIRECT EXPENSES (5% of TY Lin I HJR Fee)
$4,682
TOTAL LUMP SUM FEE
11 7
a
r S' 1
AGREEMENT FOR
DESIGN AND PERMITTING SERVICES FOR THE RELOCATION OF ATLANTIC BOULEVARD
This Agreement ( "Agreement ") made and entered into this 7 - 1 A day of AK usf ,
2014 by and between Monroe County, a political subdivision of the State of Florida, who de address
is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter
referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "),
AND
TY LIN INTERNATIONAL, a corporation of the State of Florida, whose address is 201
Alhambra Circle Suite 900, Coral Gables, FL 33134 its successors and assigns, hereinafter
referred to as "CONSULTANT ",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT TO
design and permit the Atlantic Boulevard Relocation Project; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall include LO
but not be limited to providing construction drawings, permits, ground penetrating radar, aerial
photography, survey, and technical specifications for the relocation of Atlantic Boulevard "Project ";
NOW, THEREFORE, in consideration of the 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 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, 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 fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations.
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of 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 Board
to terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
1.1.6 At all times and for all 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 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 on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
1.1.8 The CONSULTANT shall complete the scope of services no later than three hundred and
sixty five (365) days from issuance of the Notice to Proceed by the County.
ARTICLE 11
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
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 pre -paid, to the COUNTY by certified mail,
return receipt requested, to the following:
2
Ms. Patricia (Trish) Smith, AICP
Monroe County Transportation Program Manager
102050 Overseas Highway, Room 212
Key Largo, Florida 33037
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
For the Consultant:
Mr. Jose (Joe) Gomez, PE, Vice President
Transportation and Special Projects Director
TY Lin International
201 Alhambra Circle, Suite 900
Coral Gables, FL 33134
ARTICLE 111
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative 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 non-
conformance 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
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided, as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to, LO
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract. j
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall further defend any claim or
action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
4
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME
Jose (Joe) Gomez
Colin Henderson
FUNCTION
Proiect Manager
Permitting /Environmental
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced
the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for percentage of
progress completed for each task based on the hourly rates outlined in Attachment B. The
Total Not to Exceed Amount of $376,803.70 will apply to this Agreement.
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. Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70, Florida Statutes.
(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, a proper invoice to COUNTY requesting payment for services properly
rendered.and due, hereunder. The CONSULTANT'S invoice shall describe with
reasonable particularity the service rendered.
7.3 REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred by the CONSULTANT are not allowed
as part of this contract.
7.4 BUDGET
7.4.1 The CONSULTANT 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 contract in each fiscal
year (October 1 - 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.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 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.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage 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.
0
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease,
policy limits, $100,000 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 $200,000 per person, $300,000 per Occurence, $200,000
Property Damage or $300,000 combined single limit.
D. Commercial general liability, including Personal Injury Liability, 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
Blanket Contractual Liability Endorsement with $300,00 per Person, $500,00 per
Occurance, $200,000 Property Damage or $500,000 Combined Single Limit.
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 contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional liability insurance of $300,000 per Occurence and $500,000 annual
aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain
coverage or purchase a "tail" to cover claims made after completion of the project to
cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages 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. The ..
COUNTY reserves the right to require a certified copy of such policies upon request.
LO
N
If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision 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.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
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 that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Form of `"
Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents
referred to in the Form of Agreement as a part of this Agreement, Attachments A, and B, LO
and modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on the
J
CONSULTANT will control. �-
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies 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, Florida Statutes, as a "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 CONUSULTANT 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 its 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, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, 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 LO
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 shall lie in the 16` Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. 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.
9.10 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 'vaiiu and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against
the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and
out -of- pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
If no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNT Y and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
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
or COUNTY agrees 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
10
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 patient 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 may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) 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 Ex
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 LO
recited in this Agreement.
J
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 NO SOLICITATION /PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any compa, y or pGlson, other than a bona fide e17ipl0yEc W01kii -g suieiy foi ii,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
1
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 connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
The CONSULTANT is required under Chapter 119, Florida Statutes to:
A. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or
LO
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the public agency in a format that is
compatible with the information technology systems of the public agency.
9.22 NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self- insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
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.
12
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 NEGOTIATION
CONSULTANT agrees to execute such documents as 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 any 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.
r
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
13
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that the DBE's have the opportunity to compete for and perform contracts. The
COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
in, Clerk
By: `r�G2ua�et-
Deputy Clerk
Date: AUQ k Jf a U
CARMEN SAENZ- PAREOES
Nomy Pdit - St@M d Florida
My Comm. Eyka A" 9.2018
(S � Commission I FF 118529
At
M
Title
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: 4�
Mayor /Chairman
END OF AGREEMENT
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
L --`
. M. LIpABERT- BARRO`d
ASSIST T TY AT
Date
14
ATTACHMENT A
Consultant Scope of Services
Scope of Services
Monroe County Department of Public Works
Relocation of Atlantic Boulevard at Higgs Beach
Key West, Florida
A. Project History:
Higgs Beach was designated in 1948 by Monroe County (COUNTY, Owner) with a total
area of approximately 16.5 acres. It is affectionately known in the community as the
"Local's Beach." Located between White Street and Reynolds Street, Higgs Beach is
bifurcated by Atlantic Boulevard, which provides primary access for many residents and
visitors to the area. The sandy beach areas are located on the south side of the roadway
as well as a restaurant (Salute!, On the Beach), a pedestrian walkway, beach tables,
parking areas, and other beach amenities. On the north side of Atlantic Boulevard, six
asphalt tennis courts, two small parking lots, a playground, a dog park, and an FAA tower
are found.
B. Executive Summary:
The purpose of this Scope of Services (SoS) is to provide the COUNTY with a a complete set
of design plans for the relocation of Atlantic Boulevard at Higgs Beach in Key West, Florida.
This SoS is includes the following:
1. Initial due diligence, finalization of alignment based on due diligence, attendance at one
public meeting and regulatory and permitting agency coordination.
2. Preparation of Construction Documents (CD) including permitting.
T.Y. Lin International (TYLI, CONSULTANT) will conduct the following activities:
• Review of the approved Higgs Beach Park Master Plan dated January 19, 2011 prepared
by William P. Horn Architect, PA.
• Conduct the necessary due diligence, such as topographic surveys, geotechnical testing,
and archaeological investigations including GPR survey and field reviews with photo log.
• Finalize alignment based approved Master Plan and on the due diligence above.
• Meet with Owner and other affected stakeholders at the direction of the Owner to
review findings of the due diligence and final alignment.
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
• Meet with permitting and regulatory agencies with Owner to review findings of the due
diligence.
• Attend a total of 1 public meeting as agreed by Owner and CONSULTANT to discuss
results with public.
• Prepare final design plans in accordance to Monroe County Public Works and other
applicable standards including specifications package and technical special provisions, if
any.
C. DUE DILIGENCE
1. SURVEY
The CONSULTANT will perform survey tasks in accordance with all applicable statutes,
manuals, guidelines, standards, handbooks, procedures, and current design memoranda.
The CONSULTANT will submit all survey notes and computations to document the surveys.
All field survey work will be recorded in approved media and submitted to the COUNTY.
Field books submitted to the COUNTY will be of an approved type. The field books will be
certified by the surveyor in responsible charge of work being performed before the final
product is submitted.
The survey notes will include documentation of decisions reached from meetings,
telephone conversations and /or site visits. All like work (such as bench lines, reference
points, etc.) will be recorded contiguously.
A. Horizontal Project Control (HPC) Atlantic Boulevard
Establish or recover HPC, for the purpose of establishing horizontal control on the Florida
State Plane Coordinate System or datum approved by the COUNTY Surveyor or COUNTY
Location Surveyor. HPC may include primary or secondary control points. This work includes
analysis and processing of all field collected data, and preparation of forms.
B. Vertical Project Control (VPC)
Establish or recover VPC, for the purpose of establishing vertical control on datum approved
by the COUNTY Surveyor. VPC may include primary or secondary vertical control points. This
work includes analysis and processing of all field collected data, and preparation of forms.
C. Alignment and /or Existing Right of Way (R /W) Lines
Establish, recover or re- establish project alignment. Also includes analysis and processing of
all field collected data, existing maps, and /or reports for identifying mainline, offset, or
secondary alignments. Depict alignment and /or existing R/W lines (in required format) per
COUNTY R/W Maps, platted or dedicated rights of way.
D. Aerial Targets
2
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
Place, locate, and maintain required aerial targets and /or photo identifiable points. Includes
analysis and processing of all field collected data, existing maps, and /or reports. Placement
of the targets will be at the discretion of the aerial firm.
E. Reference Points
Reference Horizontal Project Network Control (HPNC) points, project alignment, vertical
control points, section, % section, center of section corners and General Land Office (G.L.O.)
corners as required.
F. Topography /Digital Terrain Model (DTM) (3D)
CONSULTANT will use the Boundary and Topographical Survey for Higgs Beach Atlantic
Boulevard, as performed by Island Surveying Inc., dated April 23, 2010 for general
topographic information. The CONSULTANT will perform cross sections as detailed in
Section C.1.G.
G. Roadway Cross Sections /Profiles
Perform cross sections every 100 feet along the established baseline on Atlantic Boulevard
and also perform additional cross sections along White Street for approximately 150 feet
north of Atlantic Boulevard and along Reynolds Street from Atlantic Boulevard to Casa
Marina Court. Cross sections will extend out 50 feet left and right of the horizontal control
baseline established for the project as indicated in Section C.1.A.
H. Underground Utilities
Designation includes 2- dimensional collection of existing utilities and selected 3-
dimensional verification as needed for designation. Locating underground utilities includes
non - destructive excavation to determine size, type and location of existing utility, as
necessary, for final 3- dimensional verification. Survey includes collection of data on points
as needed for designates and locates. Includes analysis and processing of all field collected
data and delivery of all appropriate electronic files.
I. Drainage Survey
Locate underground data (XYZ, pipe size, type, condition and flow line) that relates to above
ground data. Includes field edits. analysis and processing of all field collected.data, existing
maps, and /or reports.
Deliverable: Full Design Survey
2. PHOTOGRAMMETRY
The CONSULTANT will provide full color digital mosaic at 1 " =40' and 1" =200' scales in HMR
and TIF formats. See Attachment A.
Deliverable: Full Color Rectified Aerial Photography
3
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
3. GEOTECHNICAL
The CONSULTANT will be responsible for a complete geotechnical investigation. All work
performed by the CONSULTANT will be in accordance with COUNTY standards, or as
otherwise directed by the COUNTY Engineer. The COUNTY Engineer will make
interpretations and changes regarding geotechnical standards, policies and procedures and
provide guidance to the CONSULTANT. See Attachment B.
4. UTILITIES
The CONSULTANT will identify utility facilities and secure agreements, utility work
schedules, and plans from the Utility Agency Owners (UAO) ensuring any and all conflicts
that exist between utility facilities and the COUNTY's construction project are addressed.
The CONSULTANT will certify all utility negotiations have been completed and that
arrangements have been made for utility work to be undertaken.
Deliverable: An overall map of the existing utilities with a conflict matrix.
S. TRAFFIC
Traffic Analysis
A. Design Traffic
The County will furnish project traffic projections for Existing, Opening, Interim and
Design years. The information will include K, D and T factors to be used in the Noise and
ESAL studies. The CONSULTANT will coordinate with the COUNTY's Traffic Consultant
concerning apparent inconsistencies, if any.
B. Traffic Operational Analysis
The County will furnish capacity analyses to establish lane assignment,
queue storage, and initial signal timing requirements.
6. CULTURAL RESOURCES
A "Desktop" cultural resources assessment will be conducted for the relocation of Atlantic
Blvd. This work will be performed in accordance with the standards and procedures of the
Florida Department of State, Division of Historical Resources (DHR) and Section 9J- 2.043,
F.A.C. The purpose of this assessment is to collect factual data that will assist in the
4
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
determination of whether or not significant or potentially significant archaeological and
historical sites are present on the subject property, and if present, to provide
recommendations regarding future management, protection, or mitigation. These data will
provide the basis for addressing questions concerning the potential effects of proposed
undertaking on significant or potentially significant archaeological and historical properties
that may be present on the subject property. The following services constitute the scope of
work for the proposed assessment. See Attachment C.
Literature Review and Background Research. The purpose of the literature and background
search will be to determine exactly what is known concerning previously recorded
archaeological and historic resources (both locally listed and in the Florida Master Site File
[FMSF]), that exist within the project area and to develop an understanding of unrecorded
resources that may be expected. FMSF forms for previously recorded resources, existing
NRHP nominations, NRHP DOE reports, and CRAS reports within and adjacent to the project
area will be ordered from the FMSF office in Tallahassee. Coordination with City of Key
West and Monroe County preservation staff will be conducted to identify locally designated
resources, archaeological zones, and designated conservation areas.
Archaeological, Historical, and Environmental Overviews. The results of the literature
review and background research will be presented in the form of written overviews of the
archaeology, history, and environment of the project area. From this, we will develop an
assessment strategy adequate to identify and address the specific types of resources
anticipated. Background information will also provide a context for evaluating the
significance of any identified archaeological sites and /or historic resources and assist with
defining the APE.
Define Area of Potential Effect. The APE is defined in 36 CFR 800.16 as "the geographic
area(s) within which the proposed undertaking may directly or indirectly cause changes in
t to character ur use of iniswric propertieb if such properties exist." The scaie and nature or
an undertaking as well as the proposed action influence the APE, which will be established
in consultation with the appropriate City of Key West and Monroe County personnel. For
the purposes of this proposal, the APE is defined as the project area.
Historic and Archaeological Resources Assessment Relative to Proposed Development
Plans. A detailed review of all resources and development plans will be conducted in order
to fully assess the potential advantages and disadvantages of the proposed undertaking as it
relates to cultural resources within the APE. An overlay illustration of proposed undertaking
actions, particularly the removal of Atlantic Blvd from its current location and rerouting it to
the north, on a map of previously recorded GIS and GPR data from the FMSF and
5
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
Geophysical Investigations Inc. (Conyers 2010) will be completed for ready reference.
Previously conducted Architectural Survey information assembled by PCI's Senior
Architectural Historian and co- author, Stacey Griffin (Key West Historic Resources Survey
2011, prepared for City of Key West) as well as any additional GPR data will be utilized as
well.
Report Preparation (Technical Summary). The Technical Summary (report) will meet all
Chapter 1A -46 requirements whether or not it is submitted for DHR and /or SHPO review.
Consultation. Consultation will occur with the appropriate City of Key West and Monroe
County officials, during and after completing the assessment for this project, as needed. The
resulting report will meet DHR requirements and assure that there are no known resources
that cause unforeseen problems as the proposed undertaking proceeds. CONSULTANT staff
will be available to address any questions or issues arising from DHR, SHPO, or THPO review
of the assessment of the subject property should this occur.
The scope of this task addresses only an assessment of currently known cultural resources
as they are currently understood within the referenced APE. Significant or potentially
significant cultural resources may be present that cannot be addressed at the current time
and are, therefore, beyond the scope of this proposal.
Ground Penetrating Radar (GPR) Survey
CONSULTANT understands that part of the commitment to the historic agencies is to
perform additional GPR investigations in the area of the proposed improvements to identify
any additional gravesites previously undetected within the area. The CONSULTANT has
consulted with an independent GPR firm to review and evaluate the previous GPR findings
conducted in November of 2010 within the project area. It is the opinion of the firm that
the information contained in the report is representative and complete for the area
covered. With this in mind. the GPR invegtie_ation will address any not?ntial gravesites
within the proposed alignment, within the limits of construction, and any potential
gravesites beneath the existing roadbed. It appears only a very small portion of the
proposed road and parking area falls within the identified grave area (approximately 0.6
acres). In the area of the existing roadway, the GPR study will be performed after roadway
removal and cover an area approximately 0.5 acres. The GPR investigation will use a tighter
one to two foot GPR grid spacing to allow for a higher resolution horizontally and at depth
to pin point anomalous areas.
Deliverables: Documentation and Report Preparation
6
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
7. ENVIRONMENTAL AND PERMITTING COORDINATION
The CONSULTANT will perform preliminary project research and contact all appropriate
regulatory and permitting agencies with jurisdiction on the project to present the project
scope and the alternatives analysis, including potential project impacts to determine the
required permits and any necessary mitigation.
As part of this effort, the CONSULTANT will collect data and information necessary to
determine the boundaries of wetlands and surface waters defined by the rules or
regulations of each agency processing or reviewing a permit application necessary to
construct a COUNTY project. The CONSULTANT will collect the necessary data and provide
sufficient documentation to identify potential impacts to wildlife and habitat caused by the
proposed design project. The CONSULTANT will also perform the necessary analysis to
evaluate the potential for contamination within the project corridor.
Coordination may occur with the following agencies:
• South Florida Water Management District (SFWMD)
• Florida Department of Environmental Protection (FDEP)
• US Fish and Wildlife Service (USFWS)
• National Marine Fisheries Service (NMFS) (in the event marine habitats are
impacted)
• Florida Fish and Wildlife Conservation Commission (FWC)
• National Parks Service (NPS)
• Federal Aviation Administration (FAA)
• Florida Keys National Marine Sanctuary (FKNMS) (in the event marine habitats are
impacted)
• City of Key West
The CONSULTANT will notify the COUNTY Project Manager and other appropriate personnel
in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY
representative to attend. The CONSULTANT will copy the Project Manager on all permit
related correspondence and meetings.
Deliverables: Conceptual Permit Report
7
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
8. PUBLIC INVOLVEMENT
The CONSULTANT at the COUNTY'S request will attend one public meeting with
stakeholders and interested parties. The CONSULTANT will provide the exhibits necessary
to clearly illustrate the proposed improvements.
D. DESIGN
1. FINAL DESIGN
The CONSULTANT will analyze, design and provide supporting calculations as necessary and
prepare construction documents to support the findings of the Alternative Analysis in
PHASE ONE, in accordance with COUNTY requirements.
2. SUBMITTALS
Construction Plan submittals will be based on the following phases:
• Phase One- 60% Plans shall contain the following:
•
Key Sheet
•
General Notes
•
Preliminary Tabulation of Quantities
•
Project Network Control Map
•
Drainage Map with contours (1 "= 100 ")
•
Typical Sections including Parking Lots with Pavement Design (NTS)
•
Roadway Plan and Profiles (1 " =40')
•
Existing Roadway Demolition and Removal Plan (1 " =40')
•
Parking Lot Layout (1 " =40')
•
Drainage Details (NTS)
!r;tC. ";,ECt1cS" ^2t «s!s 1 ,1"=20"
•
Special Details (NTS)
•
Signing and Pavement Marking Plans (1 " =40')
•
Roadway Lighting Plan (1 " =40)
o
Traffic Control Plan (1 " =40')
•
Utility Relocation Plans (1 " =40') if required
•
Preliminary Drainage Calculations
•
Preliminary Lighting Calculations
•
Preliminary Permit Applications
•
Preliminary Probable Opinion of Costs
• Phase One Submittal
8
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
The Phase One (60 %) plans package will be transmitted to the COUNTY'S Project
Manager in 11 "x17" hard copy format and with a CD containing all files and associated
calculations and reports.
• Phase One Review
The COUNTY will distribute plan sets to all affected parties for a three week review
period. At the conclusion of the review period the COUNTY'S Project Manager will
transmit all comments to CONSULTANT for comment resolution and disposition.
CONSULTANT will provide all comments in spreadsheet form to the COUNTY'S Project
Manager with all comments addressed. CONSULTANT and COUNTY'S Project Manager
will meet within one week after submitting comment spreadsheet to address and
provide final disposition of all comments before proceeding two Phase Two (90 %) plans.
• Phase Two- 90% Plans shall contain the following:
• Key Sheet
• General Notes
• Tabulation of Quantities
• Project Network Control Map
• Drainage Map with contours (1 "= 100 ")
• Typical Sections including Parking Lots with Pavement Design (NTS)
• Roadway Plan and Profiles (1 " =40')
• Existing Roadway Demolition and Removal Plan (1 " =40')
• Parking Lot Layout (1 "= 40')Drainage Details (NTS)
• Intersection Details (1 " =20')
• Special Details (NTS)
• Signing and Pavement Marking Plans (1 " =40')
• Roadway Lighting Plan (1 " =40)
o Traffic Control Plan (1 " =40')
• Utility Relocation Plans (1 " =40') if required
• Final Drainage Calculations
Final Lighting CaIcu!at ;:)ns
• Final Permit Package
• Preliminary Probable Opinion of Costs
• Phase Two Submittal
The Phase Two (90 %) plans package will be transmitted to the COUNTY'S Project
Manager in 11 "x17" hard copy format and with a CD containing all files and associated
calculations and reports.
• Phase Two Review
The COUNTY will distribute plan sets to all affected parties for a three week review
period. At the conclusion of the review period the COUNTY'S Project Manager will
transmit all comments to CONSULTANT for comment resolution and disposition.
9
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
CONSULTANT will provide all comments in spreadsheet form to the COUNTY'S Project
Manager with all comments addressed. CONSULTANT and COUNTY'S Project Manager
will meet within one week after submitting comment spreadsheet to address and
provide final disposition of all comments before proceeding to Phase Three (100%)
construction documents and specifications.
• Phase Three -100% Plans shall contain the following:
• Key Sheet
• General Notes
• Final Tabulation of Quantities
• Project Network Control Map
• Drainage Map with contours (1 "= 100 ")
• Typical Sections including Parking Lots with Pavement Design (NTS)
• Roadway Plan and Profiles (1 " =40')
• Existing Roadway Demolition and Removal Plan (1 " =40')
• Parking Lot Layout (1 " =40')
• Drainage Details (NTS)
• Intersection Details (1 " =20')
• Special Details (NTS)
• Signing and Pavement Marking Plans (1 " =40')
• Roadway Lighting Plan (1 " =40)
• Traffic Control Plan (1 " =40')
• Utility Relocation Plans (1 " =40') if required
• Final Drainage Calculations (signed and sealed)
• Final Lighting Calculations (signed and sealed)
• Final Permit Package (signed and sealed)
• Final Probable Opinion of Costs
• Technical Special Provisions (signed and sealed)
• Other Specification Requirements from COUNTY
It Phase Three Submittal
The Phase Three (100 %) is the complete set of documents to for biding purposes.
The Phase Three (100 %) plans package will be transmitted to the COUNTY'S Project
Manager in 11 "x17" hard copy format signed and sealed and with a CD containing all
files and associated calculations and reports. The CONSULTANT will assist the COUNTY
as requested in evaluation of the bids, attendance at preconstruction meeting and
answering prospective bidder questions.
• Post Design Services
At the COUNTY'S request the CONSULTANT will provide a separate proposal to be
available during construction for shop drawing reviews, answering Request for
10
Scope of Services
Relocation of Atlantic Boulevard at Higgs Beach
July 24, 2014
Information (RFIs), make necessary revisions based on field or unforeseen conditions
and other support services the COUNTY may desire.
11
ATTACHMENT
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Trl. (813) 752 -2113 (fJU) di►S -32dt1
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in in Ioa ,11�ne Street r•� (�13) 752-3102
Plum +` hly, Flrvfda 33363 sM+a;ffil roks'CO t
Joe Gomez
TY LIN International
201 Alhambra Circle
Suite 900
Coral Gables, Florida 33134
July 17, 2014
Re: Higgs Beach
Dear Mr. Gomez:
We are pleased to submit our proposal for topographic mapping, photographic and image services
for the referenced project.
*Aerial Photociraohv*
We will photograph the area with color film at scales compatible with the production of
photogrammetric and photographic products as outlined herein. The aerial photography will be flown
at an altitude of one thousand five hundred feet (1500') and six thousand (6,000') with a low
distortion 6" precision aerial mapping camera. The photography will be adequate for the production
of the required maps and photographs.
*Field Control*
Prior to the flight we will prepare a control diagram detailing the size and location of targets to be
placed in the project area. The placement of these targets is not included in this proposal. A total of
four (4) targets will be required. We will require Horizontal and Vertical control on all targets.
*Delivery Items*
1" = 40' Color Digital Mosaic (HMR & TIF)
2. (1) 1" = 200' Color Digital Mosaic (HMR & TIF)
*Fee & Pavments*
Aerial flight -Fixed Wing: 3 hours @ $600.00 per
$1,800.00
Film Processing - Color: 7 exposures @ $17.00 ea
$119.00
Analytical Triangulation: 7 exposures @ $68.00 ea
$476.00
Aerial Ph. Scan, Comp. Rectification & Geocoding:
$2,429.00
7 Images @ $ 347.00 ea
Mosaic Dig Aerial Imag. into one Cont. (TIFF) file
$714.00
7 Images @ $102.00 ea
DVD: 4 DVD's @ $12.00 per
$48.00
Page 2, Higgs Beach
Our fee for the services listed above shall be five thousand, five hundred eighty -six dollars,
($5,586.00), payable upon delivery of all materials and services.
Thank you for the opportunity to furnish this proposal. For your convenience, we are making this
form a contract agreement for your file. When you wish to proceed with this project, an executed
copy of this document will serve as your acceptance of this proposal.
All terms and conditions of this Sincerely,
Contract Agreement accepted this I. F. Rooks & Associates, Inc.
Day of 2014
�z �'r )"
by
Isaac Rooks, Jr. PSM
ii
ATTACHMENT B
- 1�-
A
ii
zi:
We propose the following field exploration:
JULY 24, 2014
1. Obtain 2 subgrade samples to be excavated along the proposed new alignment for Limerock Bearing
Ratio (LBR) testing. The LBR testing is needed for the design of the new pavement section. Note: Due to
the high groundwater elevation, the new base may consist of black base.
2. Obtain 18 roadway borings for the roadway reconstruction. The roadway borings are planned to be
spaced 100 feet apart. The planned roadway borings are indicated on the attached roadway plans. Since
the roadway relocation is within an existing park, some of the roadway borings may need to be performed
by hand due to access constraints to our truck - mounted drill rig. At those locations, we are proposing to
perform hand augers as deep as 5 feet below the existing ground surface. The hand augers require a crew
of 2 people.
3. Obtain 3 pavement cores along the existing paved roadway section along Reynolds Street (1 core),
Atlantic Boulevard (1 core) and at White Street (1 core). We will need to perform temporary roadway
closure to be able to perform the pavement cores. We anticipate a short period of time is needed at each
core location. The pavement cores are needed to develop milling and resurfacing and determine the
thicknesses of the existing asphalt, base and subbase.
4. Perform 2 constant head percolation tests for drainage design. Each test will be performed to a
depth of 15 feet.
5. Provide two formal geotechnical reports: one for the pavement cores. This Information is needed to be
used for the planned milling and resurfacing of the existing roadway. The second report is for the roadway
soil survey and includes the findings, laboratory test results and an explanation of the suitability of the in-
situ materials.
PROJECT No.: HR14 -1000R
JULY 16, 2014
UNITS # OF UNIT
UNITS RATE
1 & 2. FIELD INVESTIGATION
TOTAL
1. TRAFFICCONTROL
1.1) Cones, Flags, Arrow Boards, Barricades etc. day 1 $210.00 $210.00
Sub-Totall $210.00
2. FIELDEXPLORATION. ROADWAYBORINGS, PERCOLATION TESTS
2.1) Hand Auger Borings - Performing 6 hand augers. Use a crew
of two people, 3 hours per crew of two. Senior Engineering
feet
18
$70.00
$1,260.00
Technician: 3 hours /hand augerx6 =18 hours. Performing 30 feet of
drilling.
2.2) Roadway Borings with truck - Performing 12 roadway borings,
feet
88
$11.00
$968.00
8 to 6 feet and 4 to 10 feet. 0 to 50 ft., land= 88 linear feet
2.3) Constant Head Percolation Tests: 2 to 15 feet deep
each
2
$320.00
$640.00
2.4) Asphalt Cores: 3 cores
each
3
$100.00
$300.00
2.5) SPT Borings for pavement cores to determine base and
feet
6
$11.00
$66.00
subbase thicknesses, 3 to 2 feet= 6 linear feet
2.6) Grout Seal Boreholes: 0' to 50' land: 118 feet (roadway
borings) +30 feet (percolation tests)+ 6 feet (pavement cores) =154
feet
154
$4.25
$654.50
aat
2.7) Truck Mobilization to Key West
each
1
$750.00
$750.00
2.8) Hotel Expenses: a drilling crew of two, estimating 2.0 days for
hand augers, 1.5 days for roadway borings with truck and 1.5 day
each
6
$130.00
$780.00
for percolation testing and pavement cores. Also, 1 day for boring
layout and underground utilities = a total of 6 days of hotel.
2.9) Per Diem: 5 days per person, a drilling crew of two =10 days. 2
each
12
$30.00
$360.00
days for Technician for boring layout =12 days.
Sub -Total
$5,778.50
TOTAL FOR FIELD INVESTIGATION 1 $5,988.50
MONROE COUNTY, KEY WEST, FLORIDA HRES
PROJECT No.: HR14 -1000R
JULY 16, 2014
UNITS # OF UNIT TOTAL
UNITS RATE $
.1 wtfASw TAOV TLfTI11I/_`
3.1) Fines Content Test
each
12
$26.00
$312.00
3.2) Organic Content Test
each
6
$32.00
$192.00
3.3) Moisture Content Test
each
12
$9.50
$114.00
3.4) LBRTests
each
2
$350.00
$700.00
3.5) Corrosion Series (pH, sulfates, chlorides, resistivity)
each
1
$125.00
1 $125.00
TOTAL FOR LABORATORY TESTING
$1,443.00
uCluersul/_' — If1TCf Ukllg -AI CCD\ /If CC
4.1) Senior Engineer
hour
10
$150.00
$1,500.00
4.2) Engineer Intern
hour
75
$90.00
$6,750.00
4.3) Senior Engineering Technician for utility clearance and digging LBR
samples
hour
30
$70.00
$2,100.00
4.4) CADD Technician
hour
7
$65.00
$455.00
TOTAL ENGINEERING SERVICES
1LL
$10,805.00
TOTAL GEOTECHNICAL FEES
MONROE COUNTY, KEY WEST, FLORIDA HRES
PROJECT No.: HR14 -1000R
JULY 16, 2014
UNITS # OF UNIT
UNITS RATE
1 & 2. FIELD INVESTIGATION
TOTAL
1. TRAFFICCONTROL
1.1) Cones, Flags, Arrow Boards, Barricades etc. day 1 $210.00 $210.00
SulrTowl $210.00
2. FIELD EXPLORATION: ROADWAYBORINGS, PERCOLATION TESTS
2.1) Hand Auger Borings - Performing 6 hand augers. Use a crew
of two people, 3 hours per crew of two. Senior Engineering
feet
18
$70.00
$1,260.00
Technician: 3 hours /hand augerx6 =18 hours. Performing 30 feetof
drilling.
2.2) Roadway Borings with truck - Performing 12 roadway borings,
feet
88
$11.00
$968.00
8 to 6 feet and 4 to 10 feet. 0 to 50 ft., land= 88 linear feet
2.3) Constant Head Percolation Tests: 2 to 15 feet deep
each
2
$320.00
$640.00
2.4) Asphalt Cores: 3 cores
each
3
$100.00
$300.00
2.5) SPT Borings for pavement cores to determine base and
feet
6
$11.00
$66.00
subbase thicknesses, 3 to 2 feet= 6 linear feet
2.6) Grout Seal Boreholes: 0' to 50' land: 118 feet (roadway
borings) +30 feet (percolation tests)+ 6 feet (pavement cores) =154
feet
154
$4.25
$654.50
ifeei
2.7) Truck Mobilization to Key West
each
1
$750.00
$750.00
2.8) Hotel Expenses: a drilling crew of two, estimating 2.0 days for
hand augers, 1.5 days for roadway borings with truck and 1.5 day
each
6
$130.00
$780.00
for percolation testing and pavement cores. Also, 1 day for boring
layout and underground utilities = a total of 6 days of hotel.
2.9) Per Diem: 5 days per person, a drilling crew of two =10 days. 2
each
12
$30.00
$360.00
days for Technician for boring 1ayout =12 days.
SulrTotol
$5,778.50
TOTAL FOR FIELD INVESTIGATION $5,988.50
MONROE COUNTY, KEY WEST, FLORIDA HRES
PROJECT No.: HR14 -I000R
JULY 16, 2014
UNITS # OF UNIT TOTAL
UNITS RATE $
7 DADATADV TCfT1AI/_`
3.1) Fines Content Test
each
12
$26.00
$312.00
3.2) Organic Content Test
each
6
$32.00
$192.00
3.3) Moisture Content Test
each
12
$9.50
$114.00
3.4)LBRTests
each
2
$350.00
$700.00
3.5) Corrosion Series (pH, sulfates, chlorides, resistivity)
each
1
$125.00
$125.00
TOTAL FOR LABORATORY TESTING
$1,443.00
w ewlC UICCDIwIC AMMTVf UkIIf Al fCD\ /IPCC
4.1) Senior Engineer
hour
30
$150.00
$1,500.00
4.2) Engineer Intern
hour
75
$90.00
$6,750.00
4.3) Senior Engineering Technician for utility clearance and digging LBR
samples
hour
30
$70.00
$2,100.00
4.4) CADD Technician
hour
7
$65.00
$455.00
TOTAL ENGINEERING SERVICES
1ZZ
$10,805.00
TOTAL GEOTECHNICAL FEES
MONROE COUNTY, KEY WEST, FLORIDA HRES
Est mato Hemardo R. Ramos, PE Relocations of AOanlic Bculevard at Higgs Beach - Key West, Florida
TMgt_
HRES Froalot NO.
MHIC-IWUM
IFaa1
a
a
30.1
Document Collection and Review.
LS
1
1
1
Engineer Int
30.2
Develop Detailed Bodng Location Plan
LS
t
1
Engineer Intern
Obtaining 2 subgretle samples for LBR testing. Padormhq 11 roadway borings, 2 percolation tests and 3
asphalt cores. A total *1 25 locations. Senior Engineering Technician. Round trip to Key West: 9 hours
30.3
Stake BaingsNtlllry Clearance
Boris 9
25
1 ; 4
26
.13 hours of boring layout.4 hours of underground udlity meetings -21 hWrs. Time- 26/25.1.04
hours4ocetion.
30.4
Cnste and Develop MOT Plans for Feld Investigation
OON
EA
0
0
Nona expected
30.5
Drilling Access Permits
Location
0
0
The work is being done order City of Key West permit
30.6
Property Clearances
EA
0
0
0
None expected
30.7
Groundwater Monitoring
EA
c.
0
0 1
None expected
Senior Engineering Technician and Engineering Technician. The work raqulres digging a total 012
30.8
LBR Sampling (2 samples)
EA
2
2
4
subgrade samples (100 lb. each) and backli11 each location with suitable sills. The materiel will be
brouught to our lab. For LBR testing.
Engineer Intern. We are planning to perform 116 feet of roadway borings, 6 feet of pavement thickness
30.9
Coordination of Feld Work
1001t of boring
1.54
3
5
and 30 feet of percolation testing- 154 feet. 1.54 units.
Engineer Intel. We are planning to perform 1111111 of roadway borings, 6lest of pavement thickness
30.10
Soil and Rock Of ... ilicallon - Roadway
10011 0l boring
g
�.:ri
3
5
antl 30 feet of percolation testing- 154 few. 1.54 unit.
30.11
Design LBR
LS
0
0
None expected
30.12
Laboratory Data
10011 of boning
'.18
3
4
Engineer Intern. We are planning to perform 118 feet of roadway borings. 1.18 units.
30.13
IServional High Water Table
Boring
20
0.2
4
Engineer Intern
30.14
Parameters for Water Retention Areas
EA
2
4
Engineer Intern
30.15
IDelmeate Limit of Unsuitable Material
Cross-section
0
0
0
None expected.
30.16
1 Electronic Files for Cross - Sections
100 If of bonng
i'
1
2
Engineer Intern
30.17
Slope stability analysis
Embankmem
Bain
0
0
0
None expected
Stormwater Volume Recovery and/or Background See
0
None expected
30.18
Analysis
3D.19
Geotechnical Recommendabons
12
Engineer lnaem
Pavement C gndition Survey and Pavement Evaluation
12
Engineer Intern: Prepare a separate formal pavement core reportRe
30.20
30.21
Preliminary Report
MEA
1
0
None expected
30.22
Final Report: Roadway Soil Survey Report
25
Engineer Intern.
30.23
Auger Boning Drafting
7
CADD Technician
30.24
SPT Boning Dishing
0
1 None expected
HR141000R- Atlantfic Blsd realignment key west- Roadway - Cores -LBR Samples- manhours 7 16 -14 7/1712014
30. Geotechnloal Page 1 of 3
____ »___
�. Blvd ____ _� Sam __n+ _a,
�
■
Project Activity 30: Geotechnlcal
Progress Meetings EA ? 0 0
Phase ReAsw Meetings EA :l 0 0
Larriw 1130.49
SUMMARY OF STAFF HOUR ESTIMATE
HOURS
Senior Engineer
10
Engineer Intern
75
Senior Engineering Technician
30
CAD. Technician
7
HRES Hours 122
.1
HR14 -1000R Attantiic Blvd realignment key west- Roadway -Cores LBR Samples- manhours 7 -1614
30. Gaotechnkal
Page 3 of 3 7/1712014
Kickoff Meeting with FOOT EA 0 0 0
Boring Layout Approval EA 0 0 0
Attend in BDR ReM.w Meeting EA P n 0
301601110% Submittal ReNaw EA 0 0
Other Mmfinas EA 0 0
CLARENCE JJJGGS BEACH -MAST FER PLAN
ii
ATTACHMENT C
ii
- 1�-
A
ii
zi:
■
PANAMERICAN CONSU LTANTS, INC. Contra ol�
Terrestrial Archaeology • Architectural History • Maritime Archaeology • Geophysics
SCOPE OF SERVICES FOR TY LIN INTERNATIONAL
A DESKTOP ASSESSMENT OF PROPOSED PLANS TO RELOCATE ATLANTIC BLVD
AND DEVELOP CLARENCE HIGGS BEACH PARK
KEY WEST, MONROE COUNTY, FLORIDA
Panamerican Consultants, Inc. (PCI) proposes to conduct a "Desktop" cultural resources
assessment for the proposed plans to relocate Atlantic Blvd and develop Clarence Higgs Beach
Park in Key West, Monroe County, Florida, for TY Lin International (TY Lin). This work will be
performed in accordance with the standards and procedures of the Florida Department of State,
Division of Historical Resources (DHR) and Section 9J- 2.043, F.A.0 as well as those in the FDOT
PD&E Manual, CRM Handbook, and Chapter 1A -46. The purpose of this assessment is to collect
factual data that will assist in the determination of whether or not significant or potentially
significant archaeological and historical sites are present on the subject property, and if present, to
provide recommendations regarding future management, protection, or mitigation. These data will
provide the basis for addressing questions concerning the potential effects of proposed undertaking
on significant or potentially significant archaeological and historical properties that may be present
on the subject property. The following services would constitute our scope of work for the proposed
LO
assessment. `
Literature Review and Background Research. The purpose of the literature and background
search will be to determine exactly what is known concerning previously recorded archaeological
and historic resources (both locally listed and in the Florida Master Site File [FMSF]), that exist ,
within the project area and to develop an understanding of unrecorded resources that may be
expected. FMSF forms for previously recorded resources, existing NRHP nominations, NRHP DOE
reports, and CRAS reports within and adjacent to the project area will be ordered from the FMSF
office in Tallahassee. Coordination with City of Key West and Monroe County preservation staff
will be conducted to identify locally designated resources, archaeological zones, and designated ®•
conservation areas. rn
Archaeological, Historical, and Environmental Overviews. The results of the literature review
and background research will be presented in the form of written overviews of the archaeology,
history, and environment of the project area. From this, we will develop an assessment strategy
adequate to identify and address the specific types of resources anticipated. Background
information will also provide a context for evaluating the significance of any identified
archaeological sites and/or historic resources and assist with detining the APE.
Define Area of Potential Effect. The APE is defined in 36 CFR 800.16 as "the geographic area(s)
within which the proposed undertaking may directly or indirectly cause changes in the character or
use of historic properties if such properties exist." The scale and nature of an undertaking as well as
the proposed action influence the APE, which will be established in consultation with the
appropriate City of Key West and Monroe County personnel and SHPO, where appropriate. For the
purposes of this proposal, the APE is defined as the project area depicted in (Figure 1).
Panamerican's Florida Offices:
4430 Yarmouth Place, Pensacola 32514 - 5337 North Socnim Loop Road, Suite 144, Lakeland 3809
Phone (Pensacola) 850- 723 -0276 - (Lakeland) 813- 684 -5200
www.panamconsultants.com
0
PANAMERICAN CONSULTANTS INC. ContractHoli
Terrestrial Archaeology • Architectural History • Maritime Archaeology • Geophysics
Historic and Archaeological Resources Assessment Relative to Proposed Development Plans. A
very detailed review of all resources and development plans will be conducted in order to fully
assess the potential advantages and disadvantages of the proposed undertaking as it relates to
cultural resources within the APE. An overlay illustration of proposed undertaking actions,
particularly the removal of Atlantic Blvd from its current location and rerouting it to the north, on a
map of previously recorded GIS and GPR data from the FMSF and Geophysical Investigations Inc.
(Conyers 2010) will be completed for ready reference. Previously conducted Architectural Survey
information assembled by PCI's Senior Architectural Historian and co- author, Stacey Griffin (Key
West Historic Resources Survey 2011, prepared for City of Key West) will be utilized as well.
Report Preparation (Technical Summary). The Technical Summary (report) will be submitted to
TY Lin. The report will meet all Chapter IA -46 requirements whether or not it is submitted for
DHR and/or SHPO review.
Consultation. PCI will consult with TY Lin, and appropriate City of Key West and Monroe
County officials, during and after completing the assessment for this project, as needed. The
resulting report will meet DHR requirements and assure that there are no known resources that
cause unforeseen problems as the proposed undertaking proceeds. PCI's professional staff will be
available to address any questions or issues arising from DHR, SHPO, THPO, or FDOT review of
the assessment of the subject property should this occur.
Cosh The cost of completing the outlined worked and producing the report is presented in
Attachment A below. If this proposal is agreeable to TY Lin, PCI can issue an "Approval to
Perform Work" (APW) to be signed by representatives of both firms before the initiation of the
project. PCI would like to thank TY Lin for the opportunity to bid on this project.
NOTE. The scope of this proposal addresses only an assessment of currently known cultural
resources as they are currently understood within the referenced APE. Significant or potentially
significant cultural resources may be present that cannot be addressed at the current time and are,
therefore, beyond the scope of this proposal.
Panamerican's Florida Offices:
4430 Yarmouth Place, Pensacola 32514 - 5337 North Socnim Loop Road, Suite 144, Lakeland 3809
Phone (Pensacola) 850- 723 -0276 - (Lakeland) 813- 684 -5200
www.panamconsultants.com
PANAMERICAN CONS ULTANTS, INC.
s
Terrestrial Archaeology • Architectural History • Maritime Archaeology • Geophysics
� wnwwwa'ra ��
t �w�w..ww eMwiwwwx�w
YROPOSED T • y O PTtON .µt .�M... 6WffiM
y �MS.s�tc.5w �wmt »�e�w �.
GLAR64CF. HtG(YS BEACH-MASTER PLAN
Figure 1. Proposed Clarence Higgs Beach Park Development Plans. (;ourtesy of [ Y Lin.
ATTACHMENT A.
Proposed Budget
Higgs Beach Park - Atlantic Blvd Desktop Assessment T.Y. Lin International
Backg Units I Price _ Hours Total ;
1 Project Archaeologist $38.50 24 $924.00
1
Architectural Historian
$40.00
24
$960.00
1
Clerical
$27.50
2
$55.00
Consultations
1 Architectural Historian $40.00 8 $320.00
1
Historian
$40.00
8
$320.00
1
Project Archaeologist
$38.50
8
$308.00
Report
1
Project Archaeologist
$38.50
32
$1,232.00
1
Architectural Historian
$40.00
16
$640.00
1
GIS /Drafting
$46.00
16
$736.00
1
Editor
$33.00
8
$264.00
Total
Project'
$5,759.00'
Panamerican's Florida Offices:
4430 Yarmouth Place, Pensacola 32514 - 5337 North Socnfm Loop Road, Suite 144, Lakeland 3809
Phone (Pensacola) 850- 723 -0276 - (Lakeland) 813 - 684 -5200
www.panamconsultants.com
Contract Hold
O
LO
J
Geo iew
Mr. Colin Henderson
TY LIN International
201 Alhambra Circle, Suite 900
Coral Gables, FL 33134
Subject: Proposal to Perform a Geophysical Survey
Higgs Beach — Key West, Florida
GeoView Proposal Number 4288.1p
Dear Mr. Henderson,
July 24, 2014
The purpose of this letter is to transmit a proposal to complete a geophysical
investigation at the subject site. The purpose of the geophysical investigation will be
to determine the presence and location of surface features and/or artifacts associated
with possible graves. This proposal is in response to a recent request for proposal.
GeoView, Inc. appreciates the opportunity to provide our services on this project. We
look forward to hearing from you soon.
Sincerely,
GEOVIEW, INC.
t
Craig A. Fusaro, REM, CSEM
Geophysicist
Business Development Manager
Enclosure
A Geophysical Services Company
4610 Central Avenue Tel.: (727) 209 -2334
A Petersburg, FL 33711 Fax: (727) 328 -247
Page I
Proposal
This document shall serve as proposal for work to be performed by
GeoView, Inc. (GeoView) for TY LIN International (TY LIN).
Description of Site
The project site is located to the north of Higgs Beach in Key West,
Florida. The site is currently a recreational park with an asphalt paved parking
lot and grass covered areas. The area of investigation includes two separate
areas. Area 1 is located where the proposed roadway is proximate to previously
identified possible graves. Area 2 is located beneath the asphalt roadway
between two areas of previously identified possible graves. Each area is
approximately 1 /2 acre in size. The purpose of the geophysical investigation will
be to determine the presence and location of surface features and/or artifacts
associated with possible graves. A figure showing the approximate survey
areas are provided in Appendix 2.
Scope of Work
GeoView will provide geophysical surveying services at the specified
area of the project site. A previous study was completed at the site in
November 2010 and the final report was provided to GeoView by TY Lin. The
report identified two separate areas of possible graves in grass covered areas
within the study area.
The geophysical investigation will be conducted in two Phases (Phase I
and Phase II). Phase I will be completed in the grass covered area (Area 1).
Phase II will be completed in the asphalt roadway (Area 2). Based on the poor
data quality within the asphalt areas encountered during the previous GPR
study, it is understood the Phase II investigation will not be completed until all
asphalt and sub -grade materials are removed from the project site. It is noted
that it will be beneficial to both phases of the.investigation to bave fences and
other obstructions removed prior to the survey, if possible.
The geophysical survey will be conducted within the specified survey
area using ground penetrating radar (GPR). The GPR survey will be conducted
using either a Mala GPR system with a 500 Mega -Hertz (MHz) antenna or a
GSSI GPR system with a 400 MHz antenna. Initial GPR tests will be
performed over marked or known gravesites in order to provide a solid
baseline by which to compare to the GPR data.
The GPR survey will be conducted along a system of parallel orientated
transects spaced 1 ft to 2 ft apart. Within suspicious areas, or areas that show
Page 2
multiple suspected GPR anomalies, additional GPR transects may be
performed to further characterize the anomalies. The GPR transects will be
orientated so they are perpendicular to the long axis of the suspected targets.
The GPR data will be processed using 3 -D analysis software to provide three
dimensional time slices that will show the plan view location of the suspect
features as a function of depth. Through this 3 -D analysis of the GPR data it
will be possible to readily determine both the plan view geometry and depth
range of any anomalous area.
An example of a series of time slices produced through 3 -D analysis is
provided in Appendix 1. The data are presented in a plan view series of one
foot "depth slices ". The time slice of 0 to 1 foot bls shows disturbances in the
soil at the locations of the three gravesites. The time slices from 4 to 5 and 5 to
6 clearly show the graves. Subsequent site activities confirmed the results of
the GPR study.
The results from the geophysical investigation will be presented in a
final report. The final report will include a description of the project site, a
discussion of the GPR method and a presentation of results. The final report
will include a scaled AutoCAD map showing any suspected gravesites or other
anomalies and any pertinent landmarks. A copy of the GPR Time Slices can be
provided in electronic format on a CD.
Compensation
It is estimated that the data collection Phase I will take 2 days to
complete and the data analysis will take 2 days to complete. It is estimated that
the data collection Phase II will take 4 to 5 days to complete and the data
analysis will take 2 to 3 days to complete. The price to conduct the geophysical
investigation will be as follows.
Phase I - $7,600
Phase II - $6,000
These costs are inclusive of all expenses related to the project, including
mobilization, fieldwork and report preparation. Unless otherwise agreed upon,
GeoView shall be compensated for all services within 30 days of invoice date.
GeoView shall be paid in full regardless of whether the results of the
geophysical survey are what were anticipated by TY LIN. If it is determined
during the survey that the geophysical survey will not achieve the objectives of
the project, TY LIN. will immediately be notified. If a decision is made to
discontinue the survey, only charges for time and materials costs to that point
will be submitted.
Page 3
Requirements of Client
TY LIN. will provide a scaled map and digital file, if available, of the
project site showing the boundaries of the project site, areas of specific
concern, suspected underground utilities and pertinent landmarks. TY LIN.
will also supply, if available, historical maps of the project site. Unless
otherwise requested, TY LIN. will be responsible for the coordination of site
access, traffic control, clearing of onsite obstructions or any other logistical
consideration necessary to conduct the survey.
Limitations
The objective of the geophysical survey is to determine the presence of
historical targets. However, the geophysical response of these features may be
highly complex depending upon on the physical characteristics of the targets,
the electrical properties of the surrounding soils and the depth of burial of the
targets. If the electrical contrast between the targets and surrounding soils is
insufficient or the depth of burial for the targets too great, then the GPR
method will not be able to identify the targets.
GeoView shall conduct the geophysical survey using the most "up -to-
date" geophysical equipment in a manner consistent with the level of care and
skill ordinarily exercised by members of the geophysical profession practicing
in the same locality under similar conditions.
It should be noted that while the GPR survey can provide a good
indication of whether or not gravesites exist within the survey area, it is a non-
intrusive method and therefore the results are not entirely definitive. The only
way to absolutely confirm whether or not the anomalies are actual gravesites is
via test pits or other intrusive methods performed by a qualified archaeologist.
Page 4
Other Terms and Conditions
Additional Insured: If requested, TY LIN. will be named as an additional
insured with respect to the services to be performed under this agreement.
Confidentiality: GeoView shall not directly or indirectly disclose to any third
person information regarding the results of the geophysical investigation prior
to obtaining written permission from TY LIN.
Agreement: This agreement represents the entire agreement between the
parties and may only be modified in writing signed by both parties.
Governing Law: This agreement shall be deemed to have been made in the
place of performance of the Geophysical Services and shall be governed by,
and construed in accordance with the laws of the State of Florida. Any
controversy or claim arising out of this agreement, or breach thereof, shall be
settled by binding arbitration administered by the American Arbitration
Association under its Construction Industry Arbitration rules. Judgment on the
award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof.
Indemnity: GeoView agrees to indemnify, protect and hold harmless TY LIN.
from and against all liabilities, claims or demands of every kind of injury,
including death, or damages to any person or property related in any way to
GeoView's performance of this agreement, except to the extent such liabilities,
claims or demands are caused by the negligence or willful misconduct of TY
LIN.
Page 5
GEOVIEW, INC.
PROPOSAL ACCEPTANCE SHEET
Project Name and Location: Higgs Beach
Key West, Florida
GeoView Proposal #: 4288.1p
Proposal Date: July 11, 2014
Description of Services Provide GPR Surveying Services
Project Cost: Phase 1- $7,600
Phase 2 - $6,000 (See Compensation, page 2)
Payment Terms: Within 30 days of invoice receipt
CHARGE INVOICE TO THE ACCOUNT OF:
Client: TY LIN International
Address: 201 Alhambra Circle, Coral Gables, FL 33134
Attention: Mr. Colin Henderson
Phone #: (305) 714 -4037 Fax: (954) 491 -6117
Email: colin.henderson @tylin.com
FOR APPROVAL OF CHARGES:
Firm:
Address:
Phone No.: Fax No:
Attention:
Special Instructions and/or Mutually Agreed Upon Changes to the Proposal:
In witness thereof. the parties hereto have made and executed this Agreement
Client:
Signature
By:
Title:
GeoView, Inc.
By: Craig A. Fusaro
Title: Geophysicist
Date Signed: Date Signed: July 24, 2014
APPENDIX 1
EXAMPLE OF GPR TIME SLICES
AT TWO DEPTHS
SHOWING MULTIPLE SUSPECTED GRAVESITES
THE SITE SELECTED FOR THIS DATA SAMPLE WAS LOCATED
IN CENTRAL FLORIDA AND WAS
APPROXIMATELY COO FEET BY 380 FEET IN SIZE.
THE GPR DATA WAS COLLECTED ON TWO FOOT PARALLEL LINES.
A -1
A -2
.1
A -3
An example of a GPR Time Slice at a depth of 3 to 4 feet. The red rectangular features are suspected gravesites. The
red linear features are suspected underground utilities.
APPENDIX 2
FIGURE SHOWING APPROXIMATE LOCATION OF SURVEY AREA
(PHASE I IN GREEN; PHASE II IN RED
A -4
.1
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RELOCATION OF ATLANTIC BOULEVARD HOUR AND FEE SUMMARY
AT
HIGGS BEACH
7/24/2014
.1
ATTACHMENT B
Consultant Hourly Rates
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