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Item C24BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District I „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting June 21, 2017 Agenda Item Number: C24 Agenda Item Summary #3072 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338 None AGENDA ITEM WORDING: Approval of 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 aborist report. This amendment results in an increase of $86,185.00 to the contract and is funded by the one -cent infrastructure tax. ITEM BACKGROUND: A federal conversion process is needed to satisfy the requirements of the 1983 Land and Water Conservation Fund (LWCF) grant awarded to Monroe County for improvements at Higgs Beach Park ($79,685.00) and additional landscaping services are required to provide a landscaped 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 ($6,500.00). 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 Amendment 1 to the Contract 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 Amendment 2 to the Contract for a revised scope that ensures consistency with the Higgs Beach Master Plan documents. On January 18, 2017, the BOCC approved Amendment 3 to the Contract to remove the Higgs Beach sand replenishment services and add Arborist services. CONTRACT /AGREEMENT CHANGES: Amendment 4 adds the federal conversion process and additional landscaping services. STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: 2017.06.06 - Relocation Atlantic Blvd. - 4th Amend - TY Lin (Consultant Executed) 2017.01.18 - Relocation Atlantic Blvd. - 3rd Amend - TY Lin 2016.12.14 - Executed Task Order Higgs Beach 06/02/2017 1:47 PM 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 2017.03.04 - Certificate of Insurance - Approved 06/05/2017 2:12 PM FINANCIAL IMPACT: Effective Date: 6/21/17 Expiration Date: Total Dollar Value of Contract: $646,342.70 Total Cost to County: $646,342.70 Current Year Portion: $316,378.45 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 06/21/17 304 -25000 - CULTURE & RECREATION PRO $86,185.00 CC 1402 REVIEWED BY: Ann Mytnik Completed 06/02/2017 10:12 AM Cary Knight Completed 06/02/2017 1:47 PM Kevin Wilson Skipped 06/02/2017 9:42 AM Patricia Eables Completed 06/02/2017 2:05 PM Budget and Finance Completed 06/05/2017 2:06 PM Maria Slavik Completed 06/05/2017 2:12 PM Kathy Peters Completed 06/06/2017 6:51 PM Board of County Commissioners Pending 06/21/2017 9:00 AM 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" 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' 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 6 • Panamerican Consultants — with provide an Historic and Archaeological study as • Geoview — will expand their GPR study to support the Historical and ' 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. CD Atlantic Boulevard Road Relocation Page 3 IN WITNESS WHEREOF, each party caused this Fourth Amendment to the Agreement to be executed by its duly authorized representative on the day and year first written above. Kevin Madok, CPA, Clerk am Date: (Seal) Attest Witne By: Title: Aw 9 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor /Chairman CONSULI T.Y. LIN 1 NA AL Title: 3 C -> i MONROE COUNTY ATTORNEY'S OFFICE APPROVEI�,AS `r0 FORM PATRICIA EABLES ASSISTANT COUNTY ATTORNEY Atlantic Boulevard Road Relocation Page 4 Deputy Clerk 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 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, 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 1" 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 REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA 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 MONROE COUNTY ATTORNEY'S OFFICE 1111 12 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. WHEREOF, each party caused this Amendment to the Agreement to be executed )n the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF MOI ROE COUNTY, FLORIDA y By: Mayor /Chairman Date: d c '7 (Seal) Attest: Witness AConsul By: Title: V I LA, R's4A MOT OE COUNTY ATTORNEY'S OFFICE AP OVER AS TO FORM PATRICIA EAGLES ASSISTANT COUNTY TTORNEY DATG, ,m _ -- - Atlantic Boulevard Road Relocation Page 4 -111-- , Deputy Clerk CONSULTANT, T.Y. LIN INTERNATIONAL Client #: 722 TYLININTE1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) 1/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED RE PRESENTATIVE OR PRODUCER, AND TH CERTIFICATE H OL D ER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).. PRODUCER hAiNE: Nancy Ferrick Dealey, Renton & Associates PHOIre 510 46 5 -3090 510 452 -2193 A9C, No Ext A}C No): P. O. Box 12675 EMAIL nfern y k deals rsnt c A4117RE,°.�, 8 Oakland, CA 94604 - 2675 - - 510 465 - 3090 - tNSURER(S) AFFORDIN COVERAGE NAIC N °° °° INSURER A: H artford Fire Ins. Co. 19682 INSURED INSURER B: Hartford Underwri Ins. Co. '30104 T. Y. Lin International .__ s i - 0 INSURER C: Aspe Ameri Insuranc Co _ - 434 345 California Street, Ste. 2300 - INSURER D San Francisco, CA 94104 —.... ___. .............. -..... _ . INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXC LUS I ONS AND CON OF SU P POLICIES. LIMITS SHOWN MAY HAVE B EEN R REDUCED BY PAID CLAIMS, I - R A ADDL UBR° P PO fi;Y EFF POLICY EXP • GENERAL LIABILITY X X X 57CESOF1487 3 3/01/2016 03/01/2017 EACH OCCURRENCE $1 ,000,00 0 X CO MMERCIAL GENERAL LIABILITY D DAM ARE E RENTED pREMII ES Ea occurrence] _ CLAIMS -MADE ® OCCUR M _ $ X Con tract'I Ll P PERSO & AD IN JURY $1,000 X Cross Liab. G GENERAL AGGREGATE $2, GE.aL AGGREGATE LIMIT APPLIES PER: P PRODUCTS - COMP /OP AGG $2,000,000 • POLICY X LOC $ $ • X AUTOMOBILE L LIABILITY • X X X 5 57UENPV4294 3 3/01/2016 0 03/01/201 L • COMSINED SINGLE. X A BODILY INJURY (Per person) $ $ ANY AUTO B ALL OWNED SCHEDULED P `4. �. Y RI M G Glr E B Per accident $ XI H HIRED AUTOS X NON -OWNED P PRO�ET'DAMACsE�- . _.....�...,,..a.., AUTOS I I�Y ( (Peroccedevtt $ _. .._.... � _ ...,_m.. ..............:. . UMBRELLA LIAB . . _.: � _. _ . EACH OCCURREN ~ AGGRE GATE $ ~ EXCESS LIAR CLAIMS -MADE W Pt N DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) General Liability Policy excludes claims arising out of the performance of professional services. 30 Days Notice of Cancellation (10 Days for Non - Payment of Premium). Re: # 551256 - Atlantic Boulevard Project. Monroe County Board of County Commissioners is included as Additional Insured for General and Automobile Liability. Insurance is primary and non - contributory per policy form. ��Li3"i��.RIA?�t *IIII�!� a: KiV [9�_1lIITI�1�? Monroe County Board of County Commissioners 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 1 #S1916887/M1622198 01988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NMF r� : POLICY NUMBER: 57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OIL CONTRACTORS - SCHEDULED PERSON OIL ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Re: # 551256 - Atlantic Boulevard Project. Monroe County Board of County Commissioners 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Monroe County Re: # 551256 - Atlantic Boulevard Project. Board of County Commissioners 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 TASK ORDER ON CALL PROFESSIONAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND T.Y. LIN INTERNATIONAL/H.J. ROSS FOR HIGGS BEACH RE- NOURISHMENTABOVE AND BELOW MHW In accordance with the Agreement for On Call Professional Engineering Services ( "Professional Services Agreement "), made and entered on the 10 day of January, 2014, and as amended on the 18 day of March, 2015, between MONROE COUNTY, hereinafter referred to as the "County," and T.Y. LIN 1NTERNATIONAUH.J. ROSS, hereinafter referred to as "Consultant" or "Contractor ", where professional services are allowed if construction costs do not exceed $2,000,000.00. All terms and conditions of the referenced Professional Services Agreement apply to this Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the 14 day of December 2016. SCOPE OF WORK In accordance with Article 2 paragraph 2.1 of the Professional Services Agreement, Consultant will provide professional engineering services for the design, permitting, and construction documents to complete the job as designed for the beach sand re- nourishment project for above and below mean high water, including the following tasks: 1.1 Beach Replenishment Design: Consultant will prepare the design for the beach sand replenishment project to support permit documents for above and below mean high water. The design plans will include: • Dimensioned Site Plan • Grading Plan Cross - Section 2 Agency Coordination/ Permitting Consultant will coordinate with all the required agencies including FDEP and USACE to prepare the required CCCL and section 404 permits for the sand re- nourishment project. • Consultant will include permit submittal fees as a reimbursable expense. • 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. It is anticipated that compensatory mitigation for unavoidable impacts will be provided by a payment of an in -lieu -fee to the Keys Higgs Beach Sand Re- Nourishment Above and Below MHW Environmental Restoration Foundation (KERF) commensurate to the unavoidable project impacts. • Consultant's scope will include assistance with application and coordination of mitigation payments. • Consultant will confirm that the proposed activity does not contravene local setback requirements or zoning codes. • Consultant will include design for a mitigation plan and environmental and/or water quality monitoring. 1.3 Cost Estimate /Contractor Coordination: • 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. • Consultant will prepare an Engineer's estimate of probable costs for possible mitigation and monitoring of seagrass. • Consultant will assist the County in the identification of potential contractors and suppliers. • Consultant shall reply to responses for information during the bidding phase. 1.4 Construction Phase Services: • Consultant will perform construction phase services to consist of site visits during construction. • Consultant will hold a pre - construction meeting, weekly construction meetings, perform review of shop drawings, and responses to Requests for Information (RFI's). • Sand will be visually inspected for compliance with permit specifications. • Daily environmental oversight of the project will be conducted to ensure the project complies with environmental permit conditions, such as water quality standards and protection of sensitive resources. 1.5 Benthic Survey: • Complete a benthic survey within the project limits to identify and delineate any seagrass, hard - bottom communities or attached macro -alga communities that may be present. Any benthic organisms or fish will also be identified and reported. • Analyze the benthic survey information and prepare the Benthic Reports to support the permit applications. • Consultant will be assisted in this task by their sub - consultant, PEEKSTOK ENVIRONMENTAL CONSULTING, LLC 1.6 Geotechnical Analysis for FDEP Sand Compatibility • Complete geotechnical investigation to determine the physical parameters and the sediment characterization of the native sands at Higgs Beach to ensure the compatibility of re- nourishment sands per the FDEP RAI on file number MO-44. • Perform field sampling, laboratory tests, and prepare the report required to comply with the FDEP RAI on file number MO-44. • This task is to be performed by Consultant's sub - consultant, HP Consultants Inc. 2.0 Information to be provided to Consultant Higgs Beach Sand Re- Nourishment Above and Below MHW W • Evidence of owner ship and legal description of project area. • Evidence that the proposed activity does not contravene local setback requirements or zoning codes. • Access to the site. • Any pertinent information available. DELIVERABLES 1. Provide five (5) signed and sealed sets of construction documents. COUNTY RESPONSIBILITY The County's Responsibility is outlined in Article IV of the Professional Services Agreement, and paragraph 2.0 above. County shall provide geotechnical studies and additional testing if required. COMPENSATION In accordance with Article VII of the Professional Services Agreement, the County shall pay the Consultant in current funds a lump sum fee of Sixty -Two Thousand One Hundred and Seventy -seven dollars and 00 /100 ($62,177.00) billed monthly on a percentage complete basis as described below: • Design Plans $ 4,750.00 • Coordination/Permitting with agencies $ 11,616.00 • Cost Estimate /Contractor Coordination $ 3,660.00 • Construction Phase Services $ 25,200.00 • Benthic Survey $ 4,488.00 • Sub - Contractors: • Benthic Survey Support -PEC, LLC $ 2,639.00 • Geotechnical Investigation -HPC, Inc. $ 9,824.00 Total Project Fee REIMBURSABLE EXPENSES • Allowed reimbursable expenses for the actual costs of the permit fees. PUBLIC ACCESS Article IX, paragraph 9.2.1 of the Professional Services Agreement shall be revised as follows: 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 Higgs Beach Sand Re- Nourishment Above and Below MHW 0 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. 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: a. Keep and maintain public records that would be required by the County to perform the service. b. 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. 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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. 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. e. 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. Higgs Beach Sand Re- Nourishment Above and Below MHW 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. y r e M 14111 M 1 � ! rt! '�� R t # ►tt f� All other terms and conditions of this Task Professional Services Agreement dated January 2015. Order shall be in accordance with the 16, 2014, and as amended on March 18, rty caused this Task Order to be executed by its duly STATE OF FLORIDA COUNTY OF - 1 110, On this Z3 day of _12!2_ 016, before me, personally appeared ,, ® � C - 4 , ," rlt�wn "to mo be the person whose name Is subscribed above or who produced idertlitloation, and acknowledged that he /she is the pars n who executed the above contract with Monroe County for the Higgs Beach Sand Re- nourislt en ve and below MHW, for the purposes therein contained. .f r Stamp and Signature of Notary Public rn .5Y1 A CARMEN SAENZ- PAREDES Higgs Beach Sand Re- Nourishment Love and Below M1 -lW �. `` Notary Public - State of Florida My Comm. Expires Aug 9, 2018 Commission # FF 116829 tF, {It,it 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: Asia,,-A— 9 c Pft,, R! ml'Arro;v ccnjr"J�' 70 sett A"' A Im 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 _ e ?`1-1 -- , 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 01, 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. y Heavilin, CPA, Clerk By: Deputy Clerk Date: M 1! I 1 4 • B j: T� �► � A r. - t d 1 - 0 Mayor/ChaiMan END OF AGREEMENT 0 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. d" 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 1 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, 1w, 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 11 "x17" 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 e 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 C 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 as • Final Dog Park Layout —Paving, Grading, and Drainage (1 " =40') • Final Walkway Layout — Paving, Grading, and Drainage (I "=40') I CD • 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 • 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 RJ 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 E 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 e 1 V- - N N O U O HOURLY WAGE RATES $175.00 $160,001 $125.00 $63.50 t t, r�** tale „F? t � z ,.,` 1.1 Construction Documents 20 40 60 80 20 $22,480 1.2 Cost Estimate 4 2 4 0 1 $1,520 20 40 60 13 $14,810 2.1 Construction Documents 16 2.2 e Cost 4 2 4 0 1 $1,520 `l i t/+� Estimate rr� v t ,� r +`d'x� .dM 4 8 16 24 5 $5,504 3.1 Design Plans 12 Coordination /Permitting with FDEP 8 4 16 16 44 $5,056 33 Cost Estimate /Contractor Coordination 4 2 4 0 1 $1,520 3.4 Construction Phase Services 4 8 48 16 7 $8,996 Tx 4.1 Structural Construction Documents (LA to provide Arch. Design) 20 60 80 120 28 $30720 4.2 Cost Estimate 4 2 4 0 1 $1,520 u tot 1 $93,646 SUMMARY OF HOURS 88 148 276 316 8281 +, itjaz $15,400 $23,680 $34,500 $20,066 $93,646 SUBTOTAL - SALARIES MHW SURVEY $4,149 LANDSCAPE ARCHITECTURE - FERNIANDEZ- BERAUD $45,010 ALLOWANCE FOR PERMIT FEES $2,500 DIRECT EXPENSES (5% of TY Lin I HJR Fee) $ 4,682 TOTAL LUMP SUM FEE 149,987 e 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 CD 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 III 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 W 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, CD 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. 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 �s 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 Project 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. 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. 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 W 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, CD 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 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, �s 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 CD 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 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 CD 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. M . 9.20 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any compai iy of pGlson, other than a bona fide e17iN1UyEc 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. 11 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 as 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 CD 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 5 pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, �s 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. 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. lin, Clerk By: G�i2uQ -�d� /C— Deputy Clerk Date: A J + '� D ", aU l 4' CARMEN SAENZ- FAREOES Nomy Pdit - $to d Florida My Comm. EsOkss A" 8.2018 (S � Commission I FF 118529 At BY: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairman END OF AGREEMENT MONROE COUNTY ATTORNEY APPROVE� AS TO FORM: t-,HRIST RROWS AS T" ATTORIVEY Date ��/jj l� 14 ATTACHMENT A Consultant Scope of Services IW 2 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 properties 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 VA 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) !f.tc.. D2t «s!J 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: o Key Sheet o 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 Colcu!ct:ons • 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 - 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 2 INA . I A i o (813) 752 -2113 (800) 495-3240 v. w. toa , 13r�une Srr�eer r (813) 752 -3102 Plant Chly, 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 Contract Agreement accepted this Day of 2014 by Sincerely, I. F. Rooks & Associates, Inc. a . ')" Isaac Rooks, Jr. PSM ATTACHMENT B 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 TOTAL UNITS RATE $ 1 & 2. FIELD INVESTIGATION 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 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 ucumrmw�� —IftT eUwi1PA1 ae01111 Ce $1,443.00 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 122 $10,805.00 TOTAL GEOTECHNICAL FEES k _ MONROE COUNTY, KEY WEST, FLORIDA HRES PROJECT No.: HR14-1000R JULY 16, 2014 UNITS # OF UNIT TOTAL UNITS RATE $ 1 & 2. FIELD INVESTIGATION 1. TRAFFICCONTROL 1.1) Cones, Flags, Arrow Boards, Barricades etc. day 1 $210.00 $210.00 Sub-Total $210.00 2. FIELD EXPLORATION: ROADWA YBORINGS, 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 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 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 1 $700.00 3.5) Corrosion Series (pH, sulfates, chlorides, resistivity) each 1 1 $125.00 $125.00 TOTAL FOR LABORATORY TESTING w ewlC UICCDIwIC AMM1 Vf UkllPAI CCD111rCC $1,443.00 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 122 $10,805.00 TOTAL GEOTECHNICAL FEES MONROE COUNTY, KEY WEST, FLORIDA HRES Est mato Hemardo R. Ramos, PE Relocalionn of AtiarNC Boulevard at Higgs Beach - Key West, Florida T1pgt HRES Promict No. RM1V1 IFe:at WUn llblmt Toll Cbpaprnuk r c N0. 30.1 Document Collection and Review. LS 1 7 1 Engineer Intern 30.2 Develop Detailed Boring Location Plan LS t i 1 lEngimer Intern PerforriN 18 madway borings, 2 percolation tests and 3 asphalt cores. A total of 25 locations. Senior Engineering Technician. Round trip to Key West: 9 hours 30.3 Stake BaingsNtlllry, Clearance Burin g 25 1 ; 4 1 011,lningl,,bgd.sa.plesfwLBRtestirig. 26 .13 hours of boring laywt,4 hours of underground utility nnial s-28 hours. Time- 26/25.1.04 hours/location. 30.4 Coortnate and Develop MOT Plans for III Investigation EA 0 0 None lup"Ied 30.5 DAllirg Access Permits Location 0 il The work is being done under Gty of Key W eat permit 30.6 Property Cleareroes EA 0 0 0 None epected 30.7 Groundwater Monitoring EA C. 0 0 None e>alected Senior Engineering Technician and Engineering Technician. The work requires diggi a total of 2 30.8 LBR Sampling (2 samples) EA 2 2 4 subgrads samples 0 00 lb. each) and bWklill each location with suitable soils. The material will be brouught to our lab. For LBR testing. Engineer Intern. We are planning m perform 118 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 feel. 1.54 units. Engineer Intern. We are planning to perform 118 feet of roadway borings, 61eer of pavement thickness 30.10 Soil and Rock Classllicallon 10011 0l boring 9 � .:ri 3 5 and 30 feet of percolation testing. 154 few. 1.54 units. 30.11 Design LBR LS 0 0 None elgected 30.12 Laboratory Data 10011 of boring 1.18 3 4 Engineer Intern. We are planning to perform 118 feet of roadway borings. 1.18 units. 30.13 Seasonal High Water Table Boring 20 0.2 4 Engineer Intern 30.14 Parameters for Water Retention Areas EA 2 4 Engineer Intern 30.15 Delineate Limits of Unsuitable Material Cross-section 0 0 0 None a>raected. 30.16 Electronic Files for Cross - Sections 100 If of bonng 1 l8 2 2 Engineer Intern 30.17 Slope stability analysis Embankment Boilin 0 0 D None eNxcted Stonnwaler Volume Recovery ant /or Background Seepage EA 0 0 0 1 None expected 30.18 Analysis 3D.19 Geotechnical Recommendations LS 1 12 12 Engineer Intlem Pavement Condition Survey and Pavement Evaluation LS f 12 12 Engineer Intern: Prepare a separate formal pavement core report. 1 30.20 Re port 30.21 Preliminary Report LS 0 0 0 None expected 30.22 Final Report: Roadway Soil Survey Report EA 1 25 Engineer Intern. 30.23 Auger Boring Drafting 10D 11 boring 1.48 5 7 CADD Technician 30.24 SPT Boring Drafting 100 It baring 0 0 None expected - BBall yu4101M t'11 1♦ HR141000R- Atlantiic Blvd realignment key west- Roadway -Coma -LBR Samples- manhours 716-14 7/1712014 30. Geatechnloal Page 1 of 3 ____ »___ HA14-100Oantfic Blvd malignment -key west-Roadway-Coms LBR Sam plea marmouva 7-16 14 30. Gootechnical _a, ■ 7 2 Project Activity 30: Gootechnlcal Progress Meetings EA 0 0 Phase ReAsw Meetings EA 0 0 0 Larriw 1130.49 SUMMARY OF STAFF HOUR ESTIMATE HOURS Senior Engineer 10 Engineer Intern 75 Senior Engineering Technician 30 CADD Technician 7 HRES Hours 122 HR14 -1000R Allantiic Blvd realignment key west- Roadway -Cores LBR Samples- manhours 7 -1614 30. Gaotechnkal Page 3 of 3 7/1712014 ....r.raridrr. Kickoff Meeting with FOOT EA 0 0 0 Boring Layout Approval EA 0 0 0 Attend in BDR ReMew Meeting EA P n 0 30160/W% Submittal ReNew EA 0 0 0 Other M-fincis EA 0 0 roo sw Rou CLARENCE HIGGS REACII - MASTER PLAN � �' Flt UL�I, IIMIUR RXIIAVI IRNi MI,RIIII.RA ATTACHMENT C 2 ■ PANAMERICAN CO NSUL T A N TS, 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 cs 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 as 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 CD assessment. 2 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 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 J PANAMERICAN CONSULT IN 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 as 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 CD the assessment of the subject property should this occur. C Cost. 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 C PANAMERICAN CO NSULTANTS, INC. Terrestrial Archaeology • Architectural History • Maritime Archaeology • Geophysics t w�w..ww eMwiwwwx�w T',P..y,......0 ?T..b$l.vi"':H.. ..w owa wi GLAR64CF. HfG(YS BEACH-MASTER PLAN Figure 1. Proposed Clarence Higgs Beach Park Development Plans. Courtesy of [ r Lm. 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 1 $5,759.00' Contract Hold 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 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 1 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: GeoView, Inc. Signature By: Title: Date Signed: By: Craig A. Fusaro Title: Geophysicist 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 F� sG "t»3Kr An example of a GPR Time Slice at a depth of 0 to .5 feet. The circular patterns are the result of changes in soil moisture and/or vegetation from irrigation systems. The linear feature across the middle of the site is an asphalt roadway. A -3 An example of a GPR Time Slice at a depth of 3 to 4 feet. The red rectangular features are suspected gravesites. i he 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 4 a s :Fm CD cl co CD CN 'L ®® :4 CD y �= w J^` a s :Fm CD cl co CD CN RELOCATION OF ATLANTIC BOULEVARD HOUR AND FEE SUMMARY AT HIGGS BEACH 7/24/2014 ■ 2 ATTACHMENT B Consultant Hourly Rates IW 2 H H J N Z O V w a cc a y V O Q O w W Y De 3 W O F N W S - h N F W m = O w 00 n LL O ) 99 l z 9 a a 9 9 a a a a a a� 5 O O u W M.9 t%) N.3 o N o N w N W U' a�i) O L S D s � a r g s 3 E a` 8 S� z .� & g,giC �e�eeeeeeeeeeeeeeoeeeeeeeeeee E a i N > e > > > > > > > > > > > > > > m m > > > > > > > > > > > sg m� ss .s w n n. ff,`^' o 00 J = x m� B e r 3 n � o r o 0 0 0 0 0 0 0 0 0 0 0 0 o o...o o o H n m m Ta� r g N � U a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o g 0 0 9 U 9 g V N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o g m 9 U 0 o a O m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o g h Z 0 0 0 0 0 0 o 0 0 0 Uo s v a s o 0 0 0 0 o 0 o o 0 0 0 o 0 o m m o 0 0 o 0 0 0 o o 0 o 8 11 s H o g w� o» g o0000000000o o M� o000000000gm LL W � 8 g ° w i 8 a `m S c s$ .o g � 00000000 o 0 0 0 0 o m m o 0 0 0 0 0 0 0 0 0 0 i4 g a � 0 gm Q LLyE,;,o° 0000000000000'�fi� 0000000000'g E LL s m E 9 g 6 a z g E v o U m V N U 8 3 N Q 0 4 2 m Eg 3E, �� b g E 8 m€ a E .E 9 q 3 F F. @@ < a Q Q id o g 4y �i sut qq yy XX syt syt 0 �� � w z H H J N Z O V w a cc a y V O Q O w W Y De 3 W O F N W S - h N F W m = O w 00 n LL O ) 99 l z 9 a a 9 9 a a a a a a� 5 O O u W M.9 t%) N.3 o N o N w N W U' a�i) O L S D s � a r g s 3 E a` 8 S� z .� Client #: 722 TYLININTE1 DATE (MM /DD /YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 3/04 /2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER r CONTACT Nancy Ferr Dealey, Renton & Associates N Esc 510 465 3090 A X N� 510 452 -2193 (- ' P. O. Box 12675 - rata.... ........................................... - - ADDRLss nferrick@ Oakland, CA 94604 -2675 _.__ — X X? INSURER(S) AFFORDING COVERAGE NAIC # 510 465 -3090 INSURER Hartford Fir Ins. Co. 19682 . ...... INSURED INSURER B : Hartford Underwriters Ins. Co,. 30 T. Y. Lin International /H.J. Ross "' - INSURER C: Aspen American Insurance Co. 4 3460 345 California Street, Ste. 2300 San Francisco, CA 94104 INS D : MED EXP (Any one person) PERSONAL & ADV INJURY ( IN SURER X) C ross Llab. E GEN L AGGREGATE LIMIT APPLIES PER: POLICY JEo (,.. „I. LOC .,. INSURER F : COVERAGES CERTIFICATE NU MBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND COND ITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI CLA INSR LTR TYPE OF INSURANCE ADDL 1NSR SUBRI 0 ( P OLICY NUMBER POLICY EFF (MM /DD/YYYY 1. ..�.� POLICY EXP MM#CS,f7dYTYY w LIMITS A �( COMMERCIAL GENERAL LIABILITY CLAIMS - MADE XI OCCUR X X? , .a ., 57CESOF1487 3/01 /201703/01/2018 ., , E ACH OCCURRE $1 X 000 ,000 _ DAMAGET RENTED _P REMISES , Ea oc $ 1 9 ____.._. X1 Contract'l Llab. MED EXP (Any one person) PERSONAL & ADV INJURY $10,000 $1,000,000 X) C ross Llab. GEN L AGGREGATE LIMIT APPLIES PER: POLICY JEo (,.. „I. LOC .,. GENERAL AGGREGATE PRODUCTS COMP /OPAGG .... ... .... s 2 , 000,000 $2,000,000 .. OTHER: $..... A AUTOMOBILE LIABILITY X� ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X NON -OWNED X( HIREDAUTOS X AUTOS X X 57UENZC1594 3/01/2017 03/01/201 COMBINED SINGLE LIMIT 11E1 d ddbf8tl $1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE P€ rat odcdvll $ $ I 1 s 'UMBRELLA LIAR _— OCCUR _ ..... EACH OCCURRENCE $ ---- — AGG _ $ EXCESS LIAB CLAIMS -MADE ; DED _ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIFTO ?PARTNERAt;XECUTIVE OFFiCERWFMBER EXCLUDED? 'N B NIA X57WBZU5991 I ( 3/01/2017 03/01 /201 X I;zTATUT -[ PER oTH- .__ ER E,L. EACH ACCIDENT � $ � - $1, 000 000 � - - -. - -- (Mandatory in NH) . _._,, j E.L. DISEASE - E EMPLOYEE, $1000,000 If yes, describe under DESCRIPTION OF OPERATION below _ __ _ E.L DISEASE - POLIC L IMIT _ _$ C ' Liabilit y Profes sional -- LRA9P0117 3/01/2017 03101/2018 $2,000,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability Policy excludes claims arising out of the performance of professional services. APPR h IRi< A A 30 Days Notice of Cancellation (10 Days for Non - Payment of Premium). DA 9- , Re: Relocation of Atlantic Boulevard at Higgs Beach, Key West, Florida. Monroe County Board of C ER _ Commissioners is included as Additional Insured for General and Automobile Liability. Insurance is primary per policy form. Monroe County Board of County Commissioners 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) 1 of 1 #S1948238/M1947877 ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NMF POLICY NUMBER: 57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Re: Relocation of Atlantic Boulevard at Higgs Beach, Key West, Monroe County Florida. Board of County Commissioners 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. B CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Pagel of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orcianization(s) I Location And Description Of Completed Operations Monroe County Re: Relocation of Atlantic Boulevard at Higgs Beach, Key West, Board of County Commissioners Florida. 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. B CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1