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Item C17 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 8/20/14 Division:— Public Works/fin gineeringy Bulk Item: Yes x No Department: Project Managemen Staff Contact Person/Phone#: Trish Smith, ph.304 0412 AGENDA ITEM WORDING: Approval of a professional services contract with TY Lin International in the amount of$376,803.70 for the relocation of Atlantic Boulevard in Key West. This project is funded by the one-cent infrastructure tax. ITEM BACKGROUND: This project was approved by the BOCC as part of the 2014 Capital Improvements Plan. The goal is to improve safety at Higgs Beach County Park by reducing vehicle/pedestrian conflicts, shifting the road away from historic/cultural resources, and reconfiguring the park according to Option F of the Higgs Beach Master Plan. PREVIOUS RELEVANT BOCC ACTION: 5/21/14 - Approval to negotiate a contract with T.Y. Lin International/H.J. Ross for the Relocation of Atlantic Boulevard at Higgs Beach. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $376,803.70 INDIRECT COST: n/a BUDGETED: Yes X No COST TO COUNTY:— $376,803.70 SOURCE OF FUNDS:3 04-25000-56063 O-CC 1402 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year r4l VZ_ APPROVED BY: County Att I l OMB/PurchasW x Risk Mar nn x DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: TY Lin International Contract Effective Date: 08/20/14 .............. .............Expiration Date: 08/19/15 Contract Purpose/Description: Professional Services Contract to provided sign and.psrmitting services for ................ the relocation" of Atlantic Boulevard at.1-liggs Beach in Key West. ...................... ............. ......... .............................. ............. Contract Manager: ..Trish Smith 304-0412 PW/E!j_gjnecrin #26 .......... (Name) (Ext.) (Department/Stop for BOCC meeting on 108/20/14 AEenda Deadline: 08/05/14 CONTRACT COSTS Total Dollar Value of Contract: 376,803.70 Current Year Portion: $ 30,0100 (est) Budgeted? Yes® No D Account Codes: Grant: $ no 304-25000-560630-CC 1402- County Match: $ ............................... ADDITIONAL COSTS Estimated Ongoing Costs: $0/yr For: n/a.. ....... ...... 'i�'i I'l-I I ties,jan i toria(Not included in dollar value above) (eg. ma enatice, L 1,salaries, etc.) CONTRACT REVIEW Changes Date Out ate In Needed Reme"er Division Director 14 Yes D Nolz/ Risk Management 6L�� YesD NOE O.M.B./Purchasing �1-5114 Yes7 N.[ 01��, &,W" County Attorney ? Yes[ NOD JW) Comments: OMB Form Revised 2/27/01 MCP 92 AGREEMENT FOR DESIGN AND PERMITTING SERVICES FOR THE RELOCATION OF ATLANTIC BOULEVARD This Agreement ("Agreement") made and entered into this day of 2014 by and between Monroe County, a political subdivision of the State oF—Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "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, FL33134 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 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 11010 Simonton Street, Room 2-205 Key West, Florida 33,040 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 worlk, 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. 3 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided, as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, 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 ($110.00) 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 Ilessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 4 ARTICLE A 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 FUNCTION Jose (Joe) Gomez Project Manager Colin Henderson, Perm itti ng/Envi roinme nta I 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 V11 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 rendereld.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. 5 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 V111 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. 6 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 $500,0010 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall imaintain 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. I. 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 7 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 Ihereto may cancel this Agreement without cause by giving the other Iparty sixty(60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, Attachments A, and B, 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, or consultant under a contract with any public entity, and may not transact business with any public entity iin 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. 8 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 Ibeen 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 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 th Judicial Circuit, Monroe County, Florida, in the appropriate court or Ibefore 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 valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND 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 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 I( 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 0/111 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 V1, 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 recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION[PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any COI'npdl iy 01 person, otter than a bona fide ernployei-, woi king suiu-;y for it, 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 Iby law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 12 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 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 t3 opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The IDBE 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. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: (Seal) CONSULTANT Attest: BY: By: Title: Title- MONROE COUNTY ATTORNEY APPROVED AS TO FORM: 'S END OF AGREEMENT Iq I�j -IMBERT 8 A R C)'Od ASSIST� "T"ATTORNEY Date 14 ATTACHMENT A Consultant Scope of Services Scope of Services Monroe County Department of Public Works Relocation of Atlantic Boulevard at Higgs Beach Key West, Florida A. Project History: Higgs Beach was designated in 1948 by Monroe County (COUNTY, Owner) with a total area of approximately 16.5 acres. It is affectionately known in the community as the "Local's Beach." Located between White Street and Reynolds Street, Higgs Beach is bifurcated by Atlantic Boulevard, which provides primary access for many residents and visitors to the area. The sandy beach areas are located on the south side of the roadway as well as a restaurant (Salute!, On the Beach), a pedestrian walkway, beach tables, parking areas, and other beach amenities. On the north side of Atlantic Boulevard, six asphalt tennis courts, two small parking lots, a playground, a dog park, and an FAA tower are found. B. Executive Summary: The purpose of this Scope of Services (SoS) is to provide the COUNTY with a a complete set of design plans for the relocation of Atlantic Boulevard at Higgs Beach in Key West, Florida. This SoS is includes the following: 1. Initial due diligence, finalization of alignment based on due diligence, attendance at one public meeting and regulatory and permitting agency coordination. 2. Preparation of Construction Documents (CD) including permitting. T.Y. Lin International (TYLI, CONSULTANT) will conduct the following activities: • Review of the approved Higgs Beach Park Master Plan dated January 19, 2011 prepared by William P. Horn Architect, PA. • Conduct the necessary due diligence, such as topographic surveys, geotechnical testing, and archaeological investigations including GPR survey and field reviews with photo log. • Finalize alignment based approved Master Plan and on the due diligence above. • Meet with Owner and other affected stakeholders at the direction of the Owner to review findings of the due diligence and final alignment. Scope ofServices Relocation of Atlantic Boulevard at Higgs Beach July Z4, ZU14 • Meet with permitting and regulatory agencies with Owner to review findings of the due diligence. w Attend a total of l 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. 00E 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 issubmitted. 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 (HPQ 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 @MG|ysia 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) Limes Establish,. recover or re-establish project a|ignnoent. A|soindudesana|ysisendproceuoingof all field collected data, existing maps, and/or reports for identifying mainline, offset, or secondary alignments. Depict alignment and/or existing R/VV lines (in required format) per COUNTY R/VV Maps, platted or dedicated rights ufway. D. Aerial Targets 3 � Scope of Services Relocation of Atlantic Boulevard z¢ Higgs Beach July 24, 2O14 Place, locate, and maintain required aerial targets and/or photo identifiable points. Includes analysis and processing ofall field collected data, existing maps, and/or reports. Placement of the targets will beat the discretion of the aerial firm. E. Reference Points Reference Horizontal Project Network Control (HPNC) points, project alignment, vertical control points, section, Y4 section, center of section corners and General Land Office (G.L.O.) corners as required. F. Topography/Digital Terrain Model (0TM) (BD) 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 C2.G. G. Roadway CwmssSeoKUoms/Pnofiiem Perform cross sections every 100feet along the established baseline on Atlantic Boulevard and also perform additional cross sections along White Street for approximately 150feet 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 [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. N. 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. mfall field collected data, existing maps, and/or reports. Deliverable: Full Design Survey 2. PHOTOG0A&HMETRY The CONSULTANT will provide full color digital mosaic at 1°=40' and 1°=200/ scales in HK4R andT|Fformnats. SeeAttochrnentA. Deliverable: Full Color Rectified Aerial Photography 3 Scope ofServices Relocation mf Atlantic Boulevard ak Higgs Beach July 24,2O14 3. GE0TECHIN1CAL The CONSULTANT will be responsible for a complete geotechnica| 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 geoiechnica| 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'soonstruction 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. 0a|hxerab|m: An overall mop of the existing utilities with n conflict matrix. � 5. 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 Tfactors to be used in the Noise and ESAL studies. The CONSULTANT will coordinate with the [OUNTY'y Traffic Consultant concerning apparent inconsistencies, ifany. | 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-2.045, F.A.C. The purpose of this assessment is to collect factual data that will assist in the 4 � Scope ofServices Relocation ofAtlantic Boulevard at Higgs Beach July 24`2O14 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 [FK4SF]), 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 FK4SF 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 86 CFR 800.15 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. For the purposes of this proposal,the APE |s defined as the project onea. Historic and Archaeological Resources Assessment Relative to Proposed Development Plans. Adetailed review of all resources and development plans will be conducted in order to fully assess the potential advantages and disadvantages nf the proposed undertaking asit relates to cultural resources within the APE. Am 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 Q|5 and GPR data from the FKHGF and 5 Scope ofServices Relocation ofAtlantic Boulevard mt Higgs Beach July 24, 2014 Geophysical Investigations Inc. (Conyers 2010) will be completed for ready reference. Previously conducted Architectural Survey information assembled by PC|'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 OHR requirements and assure that there are no known resources that cause unforeseen problems asthe proposed undertaking proceeds. CONSULTANT staff will be available to address any questions or issues arising from 0HR, SHPO' orTHPO review nf the assessment ofthe subject property should this occur. The scope of this task addresses only an assessment of currently knuvvo 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 Vfthis 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 gravedtes 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 inve5tigatiVn will address any nntpntia| graveshes within the proposed alignment, within the limits of construction, and any potential gnavesites beneath the existing roadbed. It appears only a very unma|| portion of the proposed road and parking area falls within the identified grave area /approximna1e|yO.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. DeKUverah|es; Documentation and Report Preparation | 6 Scope ofServices Relocation of Atlantic Boulevard at Higgs Beach July 24, 2D14 7. ENVIRONMENTAL AND PERMITT0NG 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 towildlife 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: w South Florida Water Management District(SFVVK80) * Florida Department ofEnvironmental Proteotion /FOEP\ w US Fish and Wildlife Service (USFVVS) ~ National Marine Fisheries Service (NK4FS) An the event marine habitats are impacted) • Florida Fish and Wildlife Conservation Commission (FVVC) w National Parks Service (N9S) • Federal Aviation Administration (FAA) w Florida Keys National Marine Sanctuary (FKNn4S) (in the event marine habitats are impacted) * City mf Key West The CONSULTANT will notify the COUNTY Project K4anagerandotherappnopriatepersonne| � in advance of all scheduled meetings with the regulatory agencies to a||oxv a COUNTY � � representative to attend. The CONSULTANT will copy the Project Manager on all permit related correspondence and meetings. | DeUiverabVes: Conceptual Permit Report � 7 � Scope ofServices 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, im accordance with COUNTY requirements. 2. SUBMITTALS Construction Plan submittals will be based Vn the following phases: � Phase One-60% Plans shall contain the following: o Key Sheet o General Notes o Preliminary Tabulation ofQuantities o Project Network Control Map o Drainage Map with contours(1"=lUO°) o Typical Sections including Parking Lots with Pavement Design (NTS) o Roadway Plan and Profiles(1°=4O') o Existing Roadway Demolition and Removal Plan(1"=4O) o Parking Lot Layout(1"=4O') o Drainage Details (NTS) o YntnomctimnDetniAu (1"=2U') � n Special Details(NTS) � • Signing and Pavement Marking Plans (l"=4/) � o Roadway Lighting Plan(1"=4O) • Traffic Control Plan (1"=4O) o Utility Relocation Plans(1"=4U^)/frequired � o Preliminary Drainage Calculations � • Preliminary Lighting Calculations o Preliminary Permit Applications o Preliminary Probable Opinion ofCosts w Phase One Submittal � Scope ufServices Relocation of Atlantic Boulevard at Higgs Beach July 24, 2014 The Phase One (60%) plans package will be transmitted tu the COU07Y'5Project 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 nf the review period the COUNTy3 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-90Y6 Plans shall contain the following: u Key Sheet o General Notes o Tabulation ofQuantities o Project Network Control Map o Drainage Map with contours(1"=10O") o Typical Sections including Parking Lots with Pavement Design (NTS) o Roadway Plan and Profiles (1°=4D') o Existing Roadway Demolition and Removal Plan (1"=4D') o Parking Lot Layout(1"=4O^)Drainmge Details (NTS) o Intersection Details (1°=2[/) o Special Details(NT3) o Signing and Pavement Marking Plans (1"=4O') o Roadway Lighting Plan (1"=40) o Traffic Control P|an(1"=4D') n Utility Relocation Plans (1"=4O) ifrequired u Final Drainage Calculations o Final Lighting Calculations o Final Permit Package � o Preliminary Probable Opinion o[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 i 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 COUNYY'S Project Manager will transmit all comments to CONSULTANT for comment resolution and disposition. 9 | Scope of Services Relocation uf 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[OUNTyS 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- 1UU96 Plans shall contain the following: m Key Sheet o General Notes o Final Tabulation of Quantities o Project Network Control Map o Drainage Map with contours(1"=1O0") o Typical Sections including Parking Lots with Pavement Design (NT0) o Roadway Plan and Profiles(1"=4O') o Existing Roadway Demolition and Removal Plan(1"=4O') o Parking Lot Layout(1"=4O') m Drainage Details (NTS) o Intersection Details (I"=2O') o Special Details(NTS) m Signing and Pavement Marking Plans(1"=40') o Roadway Lighting Plan (1"=4O) o Traffic Control Plan (1°=40) o Utility Relocation Plans(l°=4O')/frequired o Final Drainage Calculations(signed and sealed) m Final Lighting Calculations (signed and sealed) u Final Permit Package (signed and sealed) o Final Probable Opinion mfCosts m Technical Special Provisions (signed and sealed) o Other Specification Requirements from COUNTY � Phase Three Submittal The Phase Three(100%)i5 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"u17" 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[OUNTY'S request the CONSULTANT will provide o separate proposal tnbe 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 A I. F. ROOKS & ASSOCIATES., INC. RHOTOGRAMMETRY Ted. (813) 75.E-2113 (800)495-3240 106 X,1.3rane weer Rax(Si3) 752-3111.E d'dxrr:#C#try FdrrrP�tu,�JS6,� tit"►�+�+;ijr'oc�,kt,cnm July 17, 2-014 Joe Gomez TY LIN International 201 Alhambra Circle Suite 900 Coral Gables, Florida 33134 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 Photography* We will photograph the area with color film at scales compatible with the production of photogrammetrie 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. *Deliv r Items* 1. (1) 1" 40' Color Digital Mosaic (HMR &TIF) 2. (1) 1" = 200' Color Digital Mosaic (HMR &TIF) *Egg pm n 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 1 Page 2° Higgs Beach Our hoe for the services listed above shall be five thousand, five hundred mighty-six dollars, ($5,586.00), payable upon delivery ofall materials and services. Thank you for the opportunity to furnish this proposal. For your convenience, we are making this form a Cnntn3C± 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 barnma and conditions of this Sincerely, Contract Agreement accepted this I. F. Rooks @kAssociates, Inc. Day of 2014 by Isaac Rooks, Jr. PSM | Z | ' � | ATTACHMENT B PRICE PROPOSAL FOR OEOTECHNICAL SERVICES-ROADWAY BORINGS,GS,PERCOLATION TESTSPAVENIENT CORE�.,LBR TESTING J U LY 24,2014 We propose the following field exploration: 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. a, 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.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 feet 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 $5,98B.50 �+r y�� ,�y� �w�y ��w AR ,�y fi.�j� N�110 I"A ,��7Fr.P 9FA" 46 ,�. .... MONROE COUNTY, KEY WEST,FLORIDA HRES PROJECT No.:HR14-I000R JULY 16,2014 UNITS #OF UNIT TOTAL UNITS RATE $ 3. LABORATORY TESTING 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)LBR Tests each 2 $350.00 $700.00 3.5)Corrosion Series(pH,sulfates,chlorides,resistivity) each 1 $125.00 $125.00 TOTAL FOR LABORATORY TESTING $1,443.00 4.ENGINEERING AND TECHNICAL SERVICES 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 hour 30 $70.00 $2,100.00 samples 4.4)CADD Technician hour 7 $65.00 $455.00 122 .00 TOTAL ENGINEERING SERVICES $10 805,,,-,„ TOTAL GEOTECHNICAL FEESa� ,; i RCLOCA Ofii NTI I ' 1�,VARII l " MONROE COUNTY, KEY WEST,FLORIDA HRES PROJECT No.:HR14-1000R J U LY 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: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. 22)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 feet 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 $5,988.50� MONROECOUNTY, KEY WEST,FLORIDA HRES PROJECT No.:HR14-1000R JULY 16,2014 UNITS #OF UNIT TOTAL UNITS RATE $ 3. LABORATORY TESTING 3.1)Fines Content Test each 12 $26.00 $312.00 3.2)Organic Content Test each 6 $32.00 $192.00 3.3)Moisture Content Test each 12 $9.50 $114.00 3.4)LBRTests each 2 $350.00 $700.00 3.5)Corrosion Series(pH,sulfates,chlorides,resistivity) each 1 $125.00 $125.00 TOTAL FOR LABORATORY TESTING $1,443.00 4.ENGINEERING ANDTECHNICAL SERVICES 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 hour 30 $70.00 $2,100.00 samples 4.4)CADDTechnician hour 7 $65.00 $455.00 122 _ TOTAL ENGINEERING SERVICES $10,805.00 TOTAL GEOTECHNICAL FEES w "�r JW M^ Prolect Activity 30: Geotechnlcal Estimato Hemando R.Ramos,PE Relocallonn of Atlantic Boulevard at Higgs Beach-Key West,Florida I,JRF$.P4w qvI f4o,H1114.14%00R "Text, TAM* VA)" **I 4airow T'4Mw cmmuft(MA, kFh. �Nr111a W1bkh. Oows 30.1 Documenl Calleglon and .......... ReNew. LS x 1 1 ',Engineer Intern ......�......... ..... ...... _........ 30.2 Develop Detailed Baring Location Plan LS 1 7 1 Engineer Intern Obtaining 2 aubgrede samples for LBR lasting.Performing 10 roadway bodrxgs,2 percolation tests and 3 30.3 ': Boring 25 1 04 26 asphall cares,A total of 25 locations.Senior Engineering Technician.Round trip to Key West:9 hour. Slake Borings/Utility Clearance IS hours of boring Iayouti•4 hours of underground utilky meetings-26 hours.TIme.26125.1.04 hounrlocallon. ..................................� ,. '.........,. ... .. �..,.. . ..... 30 4 Conrdlnale and Develop MOT Plans for Fleltl Inveellpellon EA 0 0 0 None expected .. ...� ,,,e„m.,,sm_............_ .......see...,.. ....��,,,,,,,,, __ .......-.. .... .....,_........ ,.�.... 30.5 Drilling Access Permits Location 0 0 0 The work Is being done under City of Key West permit. ......_....... .�_m... ._.. m..... 30.6 Property Clearances EA 0 0 0 None expected 30.7 Groundwater Munkodng EA 0 0 0 'None expected �............� ......__..........�'.� ...mow �......�.�........ ..� Senior Engineering Technician and Engineering Technician.The work requires digging a total of 2 30.a LBR Sampling(2 samples) EA 2 2 4 subgrade samples(1001b.each)and backgli each location with suitable soils.The material will be Drouught to our lab.For LBR testing. 30.9 Cmbfi44 NmM rl Flow Woo, '10011 of boding t....� andlnear In 30 feet a nercal am feeling-to p form 11 S4 3 5 We planning perform 1161wt of roadway borings,Blest of pavement thickness nn� p el.1.54 units. .......... ._.......... ....... ...... ......... 30.10 'Soil and Rack Classification-Roadway 100 If o1 boring 1.64 3 5 Engineer Intern.We are planning to perform 116 feel of roadway borings,6 feel of pavemenl thickness MMx1341 tlww1ot pMwraWm M'lmsdwk1.1541eet 1�54 uMls. ..... ............ ............ _....._..........�.. __... .. .. 30.11 Design LBR LS 0 0 0 None expected .. .................. ............_. ..�.._.... ........�............ ........ .......w. 30,12 Laboratory Dale 1001f of boring 1 16 3 4 .Engineer Inlem We are planning to perform 1161eet of roadway bodngs.1.15 unite. .. . .. '... ........................... ... .......... 3013 ,oAvdar I k0gh WitliM l'In . Boring 20 02 4 Engineer Intern ...... _. ....�...............�......... .... ............. ............. 3014 Parameters for Water Retention Areas EA 2 2 4 Engineer Intern w.................. ........ ....... ,�..�...._.... _...... .....�. _ .... ..�.._.. 90.16 OBOXBinp alM ftY bts a1 klwm.¢uPAwG4Wr r ub.ow Cross-section 0 0 0 None expected. 18 E!Sc r!nlc.. ..._ .ring...,.1 Ill .._._. .. ............._.......... 30 ................ Flies for Cross-Sections 10011 of boring 'L 2 Engineer Intern 3017 Slo a stability analysis flari Embankment .._..ITIT. . ........... ..... D 0 0 None axpecled .�.._.................. . �..,_p.,_.,_ � ng_.. ......................,_. . P11M N4110 4y0,111014dfY.iY�X'y 0.3,10,aPrug'MV'n1'Fwwp^Igm ��Tm 3016 EA U 0 g None expected"I I�s4 Ineer Intern�9019 Report6P final Ro urxe � icd LS 1 12 12 iEnn 30.20. �mm LS P 2 1 1 g Pavement CorMlllan Surve and Pavement EVeluellon 2 Engineer Imam:Prepare a separate formal pavement core report .............. ..�. ................... 3021 Preliminary Report LS 0 0 0 None expected ....ool4R uwt.Ra rdmly 5018an4M Rm n EA 1.... La �p Engineer Intern nt ,.'.. .... _ . 3022 &' d p0 "' 5 Engineer totem. 30.23 Auger Boring Drafting - 10011 boring 1 40 5 7 CADD Technician 70.2T bPT Boring D ePong 10011 boring 0 6 0 None expected A4pi +dury ti'hMolwalYwrYwmu ByrMrMrcrdaN TA'A HR14-IOOOR-Allantllc Blvd mallgnmenl-keywesl-Roadway-Cores-LBRSamples-manhoum 7-16-14 30,Gealechnlcal Pepe 1 013 7/172014 Prolect Activity 30:Geotechnlcel 7aNdk�. ft at "a'or4w low lose '"is �rxwlw Wl�dYfi B{psN/a Com7gnaexNp Skrdiwdwwrarr 3025 Develop Detailed Boring Locallon.......................�.�Plan 0.....,.........,M,_.. 0 ........_.......ected ....................�.......,..,,., ..,.......�:..�........_. .......... LS tl None exp 30.25 Slake Bodng./Utlllty Clearance Boring U 0 0 None expected 30.P7 CaoMinate and Develop MOT Pians for Fleld Inveellgagon EA 0 0 0 None expected ..30 2B 10dllln..... ....... ._.,_,. ........ ......, ....,,,,,,.........m ............ ....� ..�.. ._.._ ...... ..� p 30 Acceae Permits Location 0 0 0 None expected 29 Pn0A0d _..... .._ ....... ..... .... �y V9 a-uo EA 0 0 0 0 None expected 30.30 Collection of Corrosion Samples EA 0 0 0 None expected ......................... .................exp...� ................... �.�.m....�---. '.30.31 o,aµyaplfi;I7prUnbrr sM tl'tytrtl Wnla'k. 100110l boring 0.... exp U 0 None ected 30.32 Sall and Rack Classification Slmctures 1001t of bating 0 0 0 None expected ...,�.._...� ..... ._..� .................�.�.�... ......... ........,,,, 30 33 tabulation of Laboratory Dala 100If of boring 0 0 0 None expected 30.34 Estimate Design Groundwater Level tar S EA U U 0 None expecteecte lmctu ..xp ....._._. .. mmmIT ��res d 30.35 Selection of Faundellon Altemellvee(BDR) Bridge boring 0 g 0 Nane expected IlRecommandationa 09MAKI AnaN sim 0 Ssl0cne 19aruc�rA......mm.._...... ^0 ......,_.,...,............ ....... p agbr mry,xdtlnrrrim4vtslp Bridge boring 0 0 0 None expeoletl 'Bridge Construction and Testing Recommendatlona Bridge boring 0 0 0 None expected Lelerai Load Analysts. Wall boring 0 0 0 None expected WallBodng U D 0None expected Sh ipiie wall Analysis.Pmo Adeloll/rock parametersfora yyell Bpreilminaryanalysis, odng 0 0 0 None expected� �.... .... ...... ...._.... ......Design Soil Parameters for Signs,Signals,High Mast Lights,and Slreln Poles end Geolechnlcel Boring 0 0 None expected ns r3041 Box Culvert Analysis EA 0 Vw 0 Noneexpected.............�.... .. ..................PwePar0h1aly R 1poll-Scum Won% ' EA 0 0 0expected @"anml . ,..r6mPv,1' liugsadWolf EA Utl 0 None expected....� �N.L. ..l!d....Final Reports Signs,Signals,Box Culvert WalisandHlghEA 0 0 0 None expected Bartboth" ........g U 0 0 None expected Bodng DreNing 10011 of burin Other Geotecholcel LS 0 0 0 None expected ,,.�.,«,.,w ...... »..................._..............�_... ,,,,,�..,,,.�,.,�., ........ ., ..............,m..N..,, awrWi ldrvotincthnY4:411fivMp�ela �N ..,,�,...w. 'Mrndmfi aMohp'IvwSyaxwugeNi 9'V°A H814-10008-Allenliic Blvd realignment-keywesl-Roadway-Coms-LBR Sample-romhours 7-15-14 30 Geotechnlcat Page 2 of 3 7/17/2014 Prolect Activity 30:Oeotechnlcel Task Na 0 Hknurwn 'Imm 7N0:. 'raYW, pA"Vlla' %11AI Uro 0"Wo B+rrnaamerM 00 41 fug ➢-.1 spadAl P—Anllo"k EA 0 0 0 30.49 Field Review. LS 0 0 0 30.50 Technical Meelinga LS 0 0 0 ................� ...................... �.. 30.51 Ouelity Assurence/Wellty Control LS % 31L 3 30.62 &wui+N Ooo LS % 3% 3 ,.» -- ..... ........ ... 30 63�4 ooldeuw00" L6 % 3% 4 30.64 JOpllonal Preliminary Conlaminallan Aaeeaemenl LS 0 0 0 ,b"MawOIgWLnn&os1'Total ^I ._.... KickoN Meeting wllh FOOT EA 0 Ai 0 Boring Layout Approval EA 0 d'8 0 Attend In BDR Review Meeting EA f3 0 0 90m,ol,m 6w1lxrwHat Pe low EA a fth 0 tJUwrr rNmmtlm a E.A Cu u 0 Progress Meetings EA 0 0 0 Phase Review Meetings EA 95 N 0:. a0 ngit ta�v�,rw+a;ra-u� SUMMARY OF STAFF HOUR ESTIMATE WHOURS Senlor EnglneerMM 10 ....,..... ,._................................................. Engineer Intern 75 Saar.,F.',V.rw.oIrg D'6d;WYf„Mv, 30 CADD Technician 7 HIRES Hours 122 HR14-1000R-Allanlllc Blvd realignment-key weal-Roadway-Cores-LBR Semplee-manhcure 7-16-14 30.Oeolechnlcal Page 3 of 7/11/2014 I CIIIIAUP10% 4, wa �rvP�p°'�d" M1 wy°'� I N L" 'M W 4N �4 'V, a �p zre r r✓"� d ll"�;"gyp '" '" d 0 w, UVII ✓ vq44 w�� da of 44 V�dfWYWaM{WiW&'A$°dNipNIX�. Mg11IXNl S.®ROYEMRIf�95� 9 ,. N11H PEIOCATM3 q�i1U �i �a ".'rvrvNYP�Y ,+WAYUVp6A 17M:JMm+WIM19+t, '/1' W'AY 4F!WN"ld:v4lMMhW k1bYIMMM1N NA/9" u�"JI 1NF6b TPM 610P Nd4 IYN`dPlunfNbNFw'.UNYb GAgpg9lf arend�a�ra`acnw'Mw,u'roareN anr;mrermivare �' `d ,.. Il OAPOSI Doxw�lom aHm QP�I�I Q.N ® s� wkr=wA.,kI,wI w�P�l �• ...• Q COYEFE nBiE U w'a, 9'�' x,�e i'.M-Y 5'VDE Rl�J1UPE "Olt%OW I'W.I VI.,11-0PnAdp bWM Y m... CLARCNCC IIIGGS RGAC;II �1AS"fCll PLAN }' n,n'D F WI II,rIMID4 ATTACHMENT C PANAMERICAN CONSULTANTS, INC. Contract Terrestrial Archaeology•Architectural History•Maritime Archaeology•Geophysics SCOPE OF SERVICES FOR TY LIN INTERNATIONAL A DESKTOP ASSESSMENT OF PROPOSED PLANS TO RELOCATE ATLANTIC BLVD AND DEVELOP CLARENCE HIGGS BEACH PARK KEY WEST,MONROE COUNTY,FLORIDA Panamerican Consultants, Inc. (PCI) proposes to conduct a "Desktop" cultural resources assessment for the proposed plans to relocate Atlantic Blvd and develop Clarence Higgs Beach Park in Key West, Monroe County, Florida, for TY Lin International (TY Lin). This work will be performed in accordance with the standards and procedures of the Florida Department of State, Division of Historical Resources (DHR) and Section 9J-2.043,F.A.0 as well as those in the FDOT PD&E Manual, CRM Handbook, and Chapter lA-46. The purpose of this assessment is to collect factual data that will assist in the determination of whether or not significant or potentially significant archaeological and historical sites are present on the subject property, and if present, to provide recommendations regarding future management, protection, or mitigation. These data will provide the basis for addressing questions concerning the potential effects of proposed undertaking on significant or potentially significant archaeological and historical properties that may be present on the subject property. The following services would constitute our scope of work for the proposed assessment. Literature Review and Background Research. The purpose of the literature and background search will be to determine exactly what is known concerning previously recorded archaeological and historic resources (both locally listed and in the Florida Master Site File [FMSF]), that exist within the project area and to develop an understanding of unrecorded resources that may be expected. FMSF forms for previously recorded resources, existing NRHP nominations,NRHP DOE reports, and CRAS reports within and adjacent to the project area will be ordered from the FMSF office in Tallahassee. Coordination with City of Key West and Monroe County preservation staff will be conducted to identify locally designated resources, archaeological zones, and designated conservation areas. 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 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 Loon Road, Suite 144,Lakeland .3809 Phone(Pensacola)850-723-0276 - (Lakeland)813-684-5200 www.panamconsultants.com 1 gove PANAMIERI1CAN CONSULTANTS, INC. Ccx�tra tiir�lcicr 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 1A-46 requirements whether or not it is submitted for DHR and/or SHPO review. Consultation. PCI will consult with TY Lin, and appropriate City of Key West and Monroe County officials, during and after completing the assessment for this project, as needed. The resulting report will meet DHR requirements and assure that there are no known resources that cause unforeseen problems as the proposed undertaking proceeds. PCI's professional staff will be available to address any questions or issues arising from DHR, SHPO, THPO, or FDOT review of the assessment of the subject property should this occur. 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 Socnan Loop Road,Suite 144,Lakeland 3809 Phone(Pens°acola)850-723-0276 - (Lakeland)813-684-5200 www.vanameonsultants.com ■ �oo�ttnl�xlt�cu it „J PANAMERICAN CONSULTANTS, INC. Terrestrial Archaeology•Architectural History•Maritime Archaeology•Geophysics erp ram e� IF4,�d. wvw rv�b n 3 py" r )r -Ve �Z ' J �� y��,�� ✓kl�o'1 a-arw✓ vu•"` k � x�e ba w i, rw�.aanxwu�.w '!r.Wx W, rww._....... CLARENCE HIGO nEACH-MLSUR P1,AN�� Figure 1. Proposed Clarence Higgs Beach Park Development Plans. Courtesy of TYLin. ATTACHMENT A. Proposed Budget Higgs Beach Park-Atlantic Blvd Desktop Assessment T.Y. Lein.International Back_ round Units - Price . 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 W320.00 1 Project Archaeologist $38.50 8 $308.00 Report mwm_._�_.... ..� .... �.. 1. .. Project Archaeologist .� �...�38.,0.... 32�.� J g $1,232.00 1 Architectural Historian $40.00 16 $1640.00 1 G6/drafting $46.00 16 $736.00 1 Editor $33.00 8 $264.00 Total Project ,�� ,759.0C j _ � .mm. Panainerican"s Florida Offices: 4430 Yarmouth Place,Pensacola 32514 - 5337North Socrum Loop Road, Sttite 144,Lakeland 3809 Phone(Pensacola)850-723-0276 - (Lakeland)813-684-5200 www.p,inariicoiisult�ints.com Geo iew July 24, 2014 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, 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. Craig A. Fusaro, REM, CSEM Geophysicist Business Development Manager Enclosure A Geophysical Services Company 4610 Central Avenue Tel.:(727)209-2334 St. 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 Nest, 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 '/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 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 1I 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 have 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 I 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 Il 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 11 - $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 -Z By: By: Craig A. Fusaro Title: Title: 9Qe-Oxhys—icist Date Signed: Date Signed: July 24, 2014 A-1 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 600 FEET BY 380 FEET IN SIZE. THE GPR DATA WAS COLLECTED ON TWO FOOT PARALLEL LINES. A-2 KO a, fn n i Y „ d ✓, u n r;e 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-3 600 FT m. n . An example of a GPR Time Slice at a depth of 3 to 4 feet. The red rectangular features are suspected gravesites. The red linear features are suspected underground utilities. 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