4th Amendment 06/21/2017N Kevin Madok, CPA
r Clerk of the Circuit Court & Comptroller Monroe County, Florida
DATE: June 26, 2017
TO: Raymond Sanders, Project Manager
Project Management
VIA: Tammy Sweeting
Executive Assistant
FROM: Pamela G. Hancoc , .C.
SUBJECT: June 21 st BOCC Meeting
Enclosed is a duplicate original of C24, Fourth Amendment to Contract for Higgs
Beach road relocation project with T.Y. Lin International for the professional services required
to complete the federal conversion process resulting from the award of a previous LWCF grant
and for additional landscape services to provide a landscape buffer and incorporate the
recommendations from the arborist report, for your handling.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney via e-mail
Finance via e-mail
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 -6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
FOURTH Amendment to AGREEMENT for Professional Services
Between Owner and Engineer
Atlantic Boulevard Road Relocation Project
This Fourth 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 21" day of June, 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 St 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, on January 18, 2017, a 3 rd Amendment was entered into 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; and
WHEREAS, a federal conversion process is necessary to satisfy the requirements of the 1983
Land and Water Conservation Fund (LWCF) grant that was awarded to Monroe County for
improvements at Higgs Beach Park; and
WHEREAS, the County desires to have a landscaped buffer along Casa Marina Court and White
Street; and
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) Consultant shall provide additional professional services to complete the 6F Conversion
of Use process. The services will include putting together all the necessary, required
Atlantic Boulevard Road Relocation Page 1
prerequisite information as outlined in the LWCF Manual — Chapter 8 — Section E —
Conversion of Use. It is anticipated that this proposed use will be classified as a small
conversion. Small conversions are composed of small portions of Section 6(f) protected
areas that amount to no more than ten percent (10 %) of the 6(f) protected area or five (5)
acres, whichever is less.
Since it is anticipated that minor or no environmental impacts would occur on resources
being removed from Section 6(f) protection, on the remaining Section 6(f) area, and on
the contiguous new replacement parkland by placing it under Section 6(f) protection per
the environmental screening form, the entire conversion proposal is categorically
excluded from further environmental review under NEPA as per Chapter 4 of the LWCF
Manual Chapter. It also helps to facilitate approval if the proposed conversion is not
controversial and the replacement property is contiguous to the original Section 6(f) area.
Because small conversion proposals are less complex, the Section 6(f) Conversion of Use
proposal will include:
• Transmittal letter describing the entire small conversion proposal
• Standard Form 424
• Proposal Description and Environmental Screening Form (PD /ESF) with the
portion for conversions completed indicating that a categorical exclusion is
justified
• LWCF project amendment form
• Description and Notification Form (DNF)
• Revised 6(f) boundary map indicating the deletion of the small converted area and
the addition of the replacement property
This information will be provided to the FDEP Land and Recreation Grants Section for
review and recommendations. The National Park Service (NPS) will make the final
decision to allow or disapprove the conversion process at Higgs Beach.
The following supplemental services will also be required of the following sub -
consultants to support the aforementioned studies and forms:
• KB Environmental — will provide an Air and Noise study
• Panamerican Consultants — with provide an Historic and Archaeological study
• Geoview — will expand their GPR study to support the Historical and
Archaeological study. As part of the original contract, Geoview proposed a
ground penetrating radar (GPR) study limited to the suspected burial sites, this
Additional Services will only cover the incremental scope and cost to expand the
study to the exposed grass areas through the site.
Atlantic Boulevard Road Relocation Page 2
The fee for additional professional services to complete the 6F Conversion of Use
process shall be a lump sum fee of $79,685.00.
2) Consultant shall provide additional landscape architecture services from Fernandez -
Beraud, Inc. to provide a landscape buffer along Casa Marina Court and White Street and
to incorporate the recommendations from the Arborist Report as approved by the City of
Key West Tree Commission into the landscape plan. The services will include design
and construction documentation and coordination with the City of Key West. The fee for
the additional landscape architecture services shall be a lump sum fee of $6,500.00.
3) Submittals will include:
• Transmittal letter describing the entire small conversion proposal
• Standard Form 424
• Proposal Description and Environmental Screening Form (PD /ESF) with the
portion for conversions completed indicating that a categorical exclusion is
justified
• LWCF project amendment form
• Description and Notification Form (DNF)
• Revised 6(f) boundary map indicating the deletion of the small converted area and
the addition of the replacement property
• Air and Noise Study
• GPR, and Historical /Archaeological study
• Revised 100% construction drawings incorporating the additional landscape
architecture scope
4) Article VII, 7.1.1 of the Agreement dated August 20, 2014, 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 $646,342.70,
which includes $79,685.00 as described in paragraph 1 above and the addition of
$6,500.00 as described in paragraph 2 above.
5) In all other respects, the original Contract dated August 20, 2014. and as amended on
March 18, 2015, October 21, 2015, and January 18, 2017, remains unchanged.
Atlantic Boulevard Road Relocation Page 3
INWTTJ :W. WHEREOF, each party caused this Fourth Amendment to the Agreement to be
executed by it - 'Oyly authorized representative on the day and year first written above.
b�
Kevin Md��1, Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Y
Mayor /Chairman
(Seal)
Attest
Witne
A W AM
CONSULT
T.Y. LIN I TERNA
By: r': n
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Title: A 3 s C ( 4 1? V,- - -
MONROE COUNTY ATTORNEY'S OFFICE
APPROVED,AS TO FORM _)
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
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Atlantic Boulevard Road Relocation Page 4
Deputy Clerk