Item H3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
May
15, 2013
Division: Growth Management_
Bulk Item: Yes
X
No _
Department: Land Steward
Staff Contact /Phone #: Beth Bergh / 289-2511
AGENDA ITEM WORDING: Approval of a contract with Metric Engineering, Inc. for the project
management of a habitat restoration project within Dagny Johnson Key Largo Hammock Botanical
State Park as mitigation for the construction of the Key Largo Wastewater Treatment District
wastewater treatment plant.
ITEM BACKGROUND: During the permitting of the KLWTD wastewater treatment plant, the US
Fish and Wildlife Service required payment of $718,504 in mitigation fees into the Monroe County
Environmental Land Management and Restoration Fund (Fund 160). The fees must be used to restore
a minimum of 4.2 acres of tropical hardwood hammock habitat on a USFWS-approved site on Key
Largo. The USFWS approved project involves removing fill, structures, parking lots, and roads within
Dagny Johnson Key Largo Hammock Botanical State Park. A project manager is needed on this
project due to its complexity and environmental sensitivity. A Request for Proposals for a project
manager was advertised and Metric Engineering, Inc. was approved as the contractor at the March 20,
2013 BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION:
Resolution 360-2005 — authorized the County Land Steward to take over and complete the mitigation
obligations of the Key Largo Wastewater Treatment District.
July 18, 2012 — BOCC approved an agreement between County and Florida Park Service which
authorizes County to complete mitigation work within Dagny Johnson Hammock State Park.
July 18, 2012 — BOCC approved advertisement of RFP for restoration work
March 20, 2013 — BOCC approved Metric Engineering, Inc as contractor
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
Not to exceed
TOTAL COST: $85,600 INDIRECT COST: NA BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
Not to exceed
COST TO COUNTY: $85,600 SOURCE OF FUNDS: Fund 160-52004
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
—1�1(,
APPROVED BY: County Atty JV OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Metric Engineering, Inc
Contract #
Effective Date: May 15, 2013
Expiration Date:
Contract Purpose/Description:
Contract with Metric Engineering, Inc. to
provide project management services for a
habitat restoration proiect within Dagny Johnson Key Largo Botanical State Park.
Contract Manager: Beth Bergh
x2511 GM / Stop # 11
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on May 15, 2013
Agenda Deadline: Aril 30, 2013
CONTRACT COSTS
Total Dollar Value of Contract: $ 85,600 Current Year Portion: $ 85,600
Budgeted? Yes® No ❑ Account Codes: 160-52004- - -
Grant: $ - ----
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ 0 /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date Out
Date In Needed Reviewer
Division Director 1 '�J Yes[] NoZ
Risk Management Yes[-] No�
O.M.B./Purchasing , i3 Yes[_ Nog
y d0
County Attorney *2--X)3 Yes❑ NoX
'V-Y - i
Comments:
OMB Form Revised 2127/01 MCP #2
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN MONROE COUNTY AND METRIC ENGINEERING, INC
THIS CONTRACT (the "Contract" or "Agreement") FOR PROFESSIONAL SERVICES BETWEEN COUNTY AND
PROJECT MANAGER is made and entered into by Monroe County ("COUNTY"), a political subdivision of
the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC"), and Metric Engineering,
Inc. ("PROJECT MANAGER"), whose address is: 13940 SW 136th Street, Suite 200, Miami, Florida 33186,
its successors and assigns.
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of PROJECT MANAGER to serve
as project manager for the restoration of native habitat at three locations, including the Port
Bougainville site, the Nike site and the Old Roads site, within Dagny Johnson Key Largo Hammock State
Park ("Park"), in North Key Largo, by removing abandoned structures, fill, asphalt roads and parking lots
and planting native vegetation; and
WHEREAS, the restoration project is in the public interest of Monroe County, including
residents, visitors;
WHEREAS, The Project Manager has reviewed and agrees to comply with the Agreement dated
July 18, 2012, between the County and Florida Department of Environmental Protection, Division of
Recreation and Parks (DRP) and take the provision of that agreement into consideration in any proposal,
the Agreement is attached hereto and made a part hereof as Exhibit "A".
WHEREAS, PROJECT MANAGER has agreed to provide professional services which are defined in
Exhibit "B", Scope of Work;
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 PROJECT MANAGER agree as follows:
ARTIl9 F 1
1.1 REPRESENTATIONS BY PROJECT MANAGER
By executing this Agreement, PROJECT MANAGER makes the following representations to the COUNTY:
1.1.1 The PROJECT MANAGER is professionally qualified to act as the PROJECT MANAGER for the
Project;
1.1.2 The PROJECT MANAGER hereby acknowledges that the County may not complete the entire
project as listed on the Scope of Work. The determination of which portions shall be completed
shall be in the sole discretion of the COUNTY. County shall not be responsible to the PROJECT
MANAGER in any manner for any portion of the project Scope of Work eliminated by the
COUNTY. The PROJECT MANAGER shall be notified if any portion of the Scope of Work is
eliminated as soon as the decision has been made or as soon thereafter as is practical. Payments
will only reflect the work completed. No payments will be made for portions of the Scope of
Work eliminated;
1.1.3 The PROJECT MANAGER shall maintain all necessary licenses, permits or other authorizations
necessary to act as PROJECT MANAGER for the Project until the PROJECT MANAGER'S duties
hereunder have been fully satisfied and shall immediately provide copies of such licenses for all
its personnel to the Monroe County Land Steward prior to beginning work on the project and to
immediately update the provided licenses if changed during the course of the work;
1.1.4 The PROJECT MANAGER has become familiar with the Project sites and the local conditions
under which the Work is to be completed up to the execution of this Contract and to the extent
apparent from visual observations of the sites and/or disclosed in reports provided by or on
behalf of the County;
1.1.5 The PROJECT MANAGER shall prepare all documents required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in the subsequent
implementation phases and shall be in conformity and comply with all applicable law, codes and
regulations as consistent with the requirements of the exercise of reasonable professional skill
and care. Project Manager agrees to perform its obligations under this Agreement utilizing the
degree of skill and care exercised by practicing professionals performing similar services under
similar conditions;
1.1.6 The PROJECT MANAGER assumes full responsibility to the extent allowed by law with regards to
his performance and those individuals under his employ;
1.1.7 The PROJECT MANAGER'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project;
1.1.8 PROJECT MANAGER is an independent contractor under this Agreement. Services provided by
PROJECT MANAGER, agents, or subcontractors shall be subject to the supervision of PROJECT
MANAGER. In providing the services, PROJECT MANAGER and its agents shall not be acting and
shall not be deemed as acting as officers, employees, or agents of the COUNTY or DRP, nor shall
they accrue any of the rights or benefits of a COUNTY employee or employee of the State of
Florida.
ARTICLE II
SCOPE OF WORK
2.1 DEFINITION
PROJECT MANAGER'S contract services, known as the scope of work, consist of those described in the
attached Exhibit "B", and also include normal consulting services, as PROJECT MANAGER for the
restoration of native habitat at three locations, including the Port Bougainville site, the Nike site and the
Old Roads site, within Dagny Johnson Key Largo Hammock State Park ("Park"), in North Key Largo, by
removing abandoned structures, fill, asphalt roads and parking lots and planting of native vegetation.
The PROJECT MANAGER shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY, and shall be on site daily while
contractors are working at the site.
2.2 CONTRACT SERVICES INCLUDED
(A) The PROJECT MANAGER shall familiarize himself with the Agreement dated July 18,
2012, between the County and Florida Department of Environmental Protection, Division of
Recreation and Parks (DRP) and shall act in concurrence with that agreement and require all
others including all other contractors and subcontractors to abide by that Agreement, the
Agreement is attached hereto and made a part hereof as Exhibit "A".
(B) PROJECT MANAGER'S services, also known as the Scope of Work, shall consist of the
requirements in this contract and those detailed in Exhibit "B", attached hereto and made a part
hereof.
2.2.3 REPORTS
During the course of the Project the PROJECT MANAGER shall be required to deliver reports or drafts to
the Monroe County Land Steward. Once the County has approved the drafts, the PROJECT MANAGER
shall organize a final product to be delivered to the COUNTY for final review and acceptance.
2.3 SCHEDULE
The PROJECT MANAGER shall submit a schedule of all deliverables for review and approval by the
Monroe County Land Steward. The schedule of deliverables once approved by both parties shall be the
schedule for the project, no damages for delay of the project shall be paid by the County, however the
County may, in the County's sole discretion, grant extensions of time to PROJECT MANAGER to complete
the project. Extensions of times shall be the sole remedy for delay.
2.5 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The PROJECT MANAGER shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the PROJECT MANAGER.
2.6 WRITTEN NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the
individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt,
or by courier with proof of delivery. All written correspondence to the COUNTY shall be dated and
signed by an authorized representative of the PROJECT MANAGER. The correspondence shall be
directed to:
Monroe County Land Steward
2798 Overseas Highway STE 400
Marathon, Florida 33050
And: Roman Gastesi
County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
Notice to the PROJECT MANAGER shall be delivered to:
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t. 140
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ARTICLE III
ADDITIONAL SERVICE
3.1 The services described in this Article III are not included in Scope of Work. They shall be paid for
by the Board of County Commissioners as an addition to the compensation paid for the Scope of
Work, but only if approved by the Board of County Commissioners before commencement, and
are as follows:
A. Providing services of PROJECT MANAGER for other than the previously listed in the Scope of
Work and pursuant to written approval by PROJECT MANAGER and COUNTY.
3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the
requested services to the PROJECT MANAGER. Only after receiving a formal amendment to the
Agreement, approved by the Board of County Commissioners, and a notice to proceed from the
COUNTY, shall the PROJECT MANAGER proceed with the Additional Services.
(A) Before contemplating any additional services the PROJECT MANAGER shall respond by
providing the COUNTY, with a fee proposal to perform the requested services.
(B) Delay of the completion of the project is not considered to be an additional service
under this agreement and no damages for delay shall be recoverable from the County by the
PROJECT MANAGER.
ARTICLE IV
COLINTY'S RESPONSIBILITIES
4.1 COUNTY shall provide the PROJECT MANAGER with the following documents: USFWS Biological
Opinion (August 2011); North Key Largo Hammock Restoration Project Design and Specifications
(March 2012); Asbestos Demolition Survey Reports and Lead Paint Survey Reports for Nike
Radar and Port Bougainville Sites (April 2012); North Key Largo Restoration Areas Construction
Plans (April 2012).
4.2 COUNTY shall designate Monroe County Land Steward to act on the COUNTY'S behalf with
respect to the PROJECT MANAGER. The COUNTY or Land Steward shall render decisions in a
timely manner pertaining to documents submitted by the PROJECT MANAGER in order to avoid
unreasonable delay in the orderly and sequential progress of the PROJECT MANAGER'S services.
PROJECT MANAGER hereby acknowledges that when approval by the Board of County
Commissioners is required the time for approval may be lengthened due to the constraints of
County policy, ordinance, meeting dates or agenda deadlines.
4.3 Prompt written notice shall be given by COUNTY, through Monroe County Land Steward to
PROJECT MANAGER if COUNTY becomes aware of any fault or defect in the Project or non-
conformance with the Contract Documents. Written notice shall be deemed to have been duly
served if sent pursuant to paragraph 2.6.
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 PROJECT MANAGER'S
services and work of the contractors.
4.5 The COUNTY'S review of any documents prepared by the PROJECT MANAGER 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 PROJECT
MANAGER of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.6 Information requested by PROJECT MANAGER that may be of assistance to the PROJECT
MANAGER and to which the COUNTY has immediate access will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The Project Manager covenants and agrees that he shall defend, indemnify and hold the COUNTY and
the COUNTY'S elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of, or in connection with, (A) any negligent activity or
willful misconduct of Project Manager or any of its employees, agents, sub -contractors in any tier or
other invitees during the term of this Agreement, or (B) Project Manager's default in respect to any of
the contractual obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional
or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees,
agents, sub -contractors or invitees (other than PROJECT MANAGER). Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur
during the term of this Agreement, this section will survive the expiration of the term of this Agreement
or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Project Manager's failure to purchase or maintain the required insurance, the Project
Manager shall indemnify the County from any and all increased expenses resulting from such delay.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Project Manager's failure to purchase or maintain the required insurance, the Project
Manager shall indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Project Manager is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The PROJECT MANAGER 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
Michael McCoy
Project Manager
Robert Linares, PE
Principal in Charge
Felix Rodriguez, PE
Construction Management Support Staff
Justin Freedman
Construction Management Support Staff
Jenny Basantes
Construction Management Support Staff
Raul Driggs, PE
Technical Support Staff
Manual Sauleda, PE
Technical Support Staff
Carlos Rodriguez, PE
Technical Support Staff
Oscar Cruz, PE
Technical Support Staff
So long as the individuals named above remain actively employed or retained by the PROJECT
MANAGER, they shall perform the functions indicated next to their names. If they are replaced PROJECT
MANAGER shall notify COUNTY of the change immediately. All personnel assigned by the PROJECT
MANAGER to perform any service concerning the project shall execute the following forms, original
signed forms and licenses shall be delivered to COUNTY prior to beginning any work on the project:
Lobbying and Conflict of Interest Clause
Non -Collusion Affidavit
Drug Free Workplace Form
Copies of all professional and occupational licenses shall be submitted
Public Entity Crime Statement
ARTICLE VII
COMPENSATION
7.1 CONTRACT SUM
(A) The COUNTY shall pay the PROJECT MANAGER for performance of this Agreement an
amount not to exceed Eighty Five Thousand Six Hundred Dollars ($85,600.00).
(B) The PROJECT MANAGER hereby acknowledges and agrees that the County may not
complete the entire project as listed on the Scope of Work. The determination of which portions
of the project are completed shall be in the sole discretion of the COUNTY. County shall not be
responsible to the PROJECT MANAGER for compensation related to a portion of the project
eliminated from the project by the COUNTY. The PROJECT MANAGER shall be notified if any
portion of the project is eliminated as soon as the decision has been made or as soon thereafter
as is practical. Payments will be made for the work required by the COUNTY and completed by
the PROJECT MANAGER.
C) Estimated construction schedules will be determined using industry standards and
included in the Request for Proposals as a guideline for contractors proposing work schedules.
7.2 PAYMENTS
(A) The PROJECT MANAGER shall be paid upon completion of the following phases, as indicated
in the table below. The corresponding percentage of the contract sum indicated in the table shall be
paid upon completion of each phase. There are no reimbursable expenses. The County may require the
phases listed below to be done in any order in consultation with the PROJECT MANAGER.
Phase
Description
% Total
Time On -site
Project
(maximum)
1
Preparation of scopes of work and bid documents for other
5%
NA
contractors, including any addenda
2
Permit coordination, attendance at pre -bid meeting(s) and
5%
NA
preparation of minutes and any other addenda which resulted
from pre -bid meeting, or RFP process
3
On -site management & coordination for Port Bougainville
20%
15 weeks
restoration
4
On -site management & coordination for Nike Radar site
15%
8 weeks
asbestos abatement
5
On -site management & coordination for Nike Radar site
20%
15 weeks
restoration
6
On -site management & coordination for Old Roads restoration
20%
3 weeks
7
On -site management & coordination for native planting at Port
5%
2 weeks
Bougainville
8
On -site management & coordination for native planting at Nike
5%
2 weeks
Radar site
9
Preparation of Final Project Summary Report
5%
NA
(B) Both parties agree that to the maximum extent practicable, the Phases involving on -site
management in the Table above (Phases 3-8) shall be performed concurrently. If the total combined
construction schedule for these phases exceeds 18 weeks of on -site management by the Project
Manager, then the Project Manager may seek additional compensation in accordance with Article III
("Additional Services") of this Contract.
7.2.1 Unless otherwise provided for in paragraph 7.1 above, for its assumption and performances of
the duties, obligations and responsibilities set forth herein, the PROJECT MANAGER shall be paid
pursuant to the Florida Prompt Payment Act.
(A) If the PROJECT MANAGER'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the PROJECT MANAGER shall be equitably adjusted, either upward
or downward.
(B) As a condition precedent for any payment due under this Agreement, the PROJECT
MANAGER shall submit monthly, unless otherwise agreed in writing by the COUNTY, a
proper invoice to COUNTY requesting payment for services properly rendered and due
hereunder. The PROJECT MANAGER'S invoice shall describe with reasonable
particularity the service rendered. The PROJECT MANAGER'S invoice shall be
accompanied by such documentation or data in support of expenses for which payment
is sought at the COUNTY may require
7.3 REIMBURSABLE EXPENSES
All expenses, including but not limited to travel, lodging, food, mileage, parking and printing
shall be borne by the PROJECT MANAGER and shall not be reimbursed under this contract.
7.4 BUDGET
7.4.1 The PROJECT MANAGER 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 Vill
INSURANCE
8.1 The PROJECT MANAGER shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also
be maintained as specified. In the event the completion of the project (to include the work of
others) is delayed or suspended as a result of the PROJECT MANAGER'S failure to purchase or
maintain the required insurance, the PROJECT MANAGER 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 do business in the State of Florida and that has an agent
for service of process within the State of Florida. The insurance certificate shall contain an
endorsement providing thirty (30) 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 PROJECT MANAGER shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of One Hundred Thousand ($100,000) per Accident,
Five Hundred Thousand ($500,000) Disease, policy limits, and One Hundred Thousand
($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 One Hundred Thousand ($100,000) per person, Three Hundred Thousand
($300,000) per occurrence, Fifty Thousand ($50,000) property damage and Three Hundred
Thousand ($300,000) combined single limit.
D. Commercial general 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 PROJECT MANAGER
or any of its employees, agents or subcontractors, personnel or subconsultants, including
Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a
Contractual Liability Endorsement with Three Hundred Thousand ($300,000) combined
single limit.
E. Professional liability insurance of Three Hundred Thousand Dollars ($300,000) per claim and
Five Hundred Thousand ($500,000) annual aggregate. If the policy is a "claims made" policy,
PROJECT MANAGER shall maintain coverage or purchase a "tail" to cover claims made after
completion of the project to cover the statutory time limits in Chapter 95 of the Florida
Statutes.
F. COUNTY and Florida Department of Environmental Protection, Division of Recreation and
Parks (DRP) shall be named as an additional insured with respect to PROJECT MANAGER'S
liabilities hereunder in insurance coverage identified in Paragraphs C and D.
G. PROJECT MANAGER shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured by Section
12.1.3 including any subsection thereunder. The COUNTY reserves the right to require a
certified copy of such policies upon request.
ARTYIFiv
ISCELLANEOUS
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 PROJECT MANAGER for this Project shall become the property
of the COUNTY upon payment in whole and in part of sums due Project Manager and may be
reproduced and copied without acknowledgement or permission of the PROJECT MANAGER.
PROJECT MANAGER shall not be liable for any use, reuse, or modification of the documents that
occurs without the PROJECT MANAGER's consent and professional involvement. PROJECT
MANAGER may keep copies of all project documents for company reference.
9.3 SUCCESSORS AND ASSIGNS
The PROJECT MANAGER shall not assign its right hereunder, except its right to payment, nor
shall it delegate any of its duties hereunder without the written consent of the COUNTY.
Subject to the provisions of the immediately preceding sentence, each party hereto binds itself,
its successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
Either party hereto may terminate this Agreement upon giving seven (7) days written notice to
the other in the event that such other party substantially fails to perform its material obligations
set forth herein. The COUNTY may terminate this Agreement without cause upon giving seven
(7) days written notice to the PROJECT MANAGER. If the COUNTY utilizes this provision, the
termination shall supersede any obligation under paragraph 9.15. Termination expenses shall be
paid until date of termination and any additional services required in order to stop performance
of services, subject to audit for verification.
9.6 CONTRACT DOCUMENTS
This contract consists of this Agreement and its Exhibits, and the PROJECT MANAGER'S response
to the Request for Proposals for Professional Service by Contractors or Individuals to perform
Proiect Management of a Habitat Restoration Proiect within Dagny Johnson Key Largo Hammock
State Park, Monroe County, Florida. In the event of any conflict between any of the contract
documents, the one imposing the greater burden on the PROJECT MANAGER will control.
Provided, however, that nothing in any of the Contract Documents shall oblige the Project
Manager to perform to any standard of care more stringent than as set forth in section 1.1.5 of
this Agreement.
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 proposal on contracts to provide any goods or services to a
public entity, may not submit a proposal on a contract with a public entity for the construction
or repair of a public building or public work, may not submit proposals on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list. It is the sole responsibility of PROJECT MANAGER to notify COUNTY if he is
on the convicted vendor list, Failure to do so constitutes a complete breach of contract and
automatic termination of this contract as of the date that the PROJECT MANAGER is placed on
the list; and each party agrees that no compensation under this agreement is to be paid as of
the date that the PROJECT MANAGER is placed on the list.
By signing this Agreement, PROJECT MANAGER represents that the execution of this Agreement
has not and 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, PROJECT MANAGER 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 PROJECT MANAGER has been placed on the convicted vendor list.
PROJECT MANAGER will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or has been
placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
PROJECT MANAGER shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. 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 County Clerk determines that
monies paid to PROJECT MANAGER pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the PROJECT MANAGER 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 PROJECT MANAGER agree that venue shall lie in
Monroe County, Florida, in the appropriate court or before the appropriate administrative body.
The Parties waive their rights to a trial by jury. The COUNTY and PROJECT MANAGER agree that,
in the event of conflicting interpretations of the terms or a term of this Agreement by or
between any of the parties, the issue shall be submitted to mediation prior to the institution of
any other administrative or legal proceeding.
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 PROJECT MANAGER 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 ATTORNEYS FEES AND COSTS
The COUNTY and PROJECT MANAGER 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 and court costs, as an award against the non -prevailing party, and shall include reasonable
attorney's fees and courts costs, in appellate proceedings. 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.
The COUNTY and PROJECT MANAGER agree that nothing in this Agreement obligates them to
Arbitration, and they agree to Mediation of disputes instead of Arbitration.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and PROJECT MANAGER 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
N/A
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and PROJECT MANAGER 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 15 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.
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 PROJECT
MANAGER 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. COUNTY and PROJECT MANAGER specifically
agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
9.17 NONDISCRIMINATION
PROJECT MANAGER 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. PROJECT MANAGER 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 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 patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI,
which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,
or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
PROJECT MANAGER 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 PROJECT MANAGER and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely 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 PROJECT
MANAGER 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.
9.21 PUBLIC ACCESS.
The PROJECT MANAGER 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
PROJECT MANAGER 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 PROJECT
MANAGER.
9.22 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the PROJECT
MANAGER 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.
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 PROJECT MANAGER and the COUNTY agree that
neither the PROJECT MANAGER 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
PROJECT MANAGER 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 PROJECT MANAGER 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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)
Attest: AMY HEAVILIN, Clerk
By:
Deputy Clerk
(Seal)
Attest:
Witness for PROJECT MANAGER
Sign:
Print
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
George Neugent, Mayor/Chairman
PROJECT MANAGER
Sign:
Print: & &I-
8! U-- all 1.244,�� - i
Date:
Address: '710 ASCU 16 �4-1-1 %%p/�j/ 61331S6
MONROE COUNTY ATTORNEY
PPROVED AS T F
M:
/N LEENE W. CA SEL
ASSISTANT COUNTY ATTO
Date—'L-����
METRI-4 OP ID: CR
A`64 R CERTIFICATE OF LIABILITY INSURANCE
DATE (M04/0/203/20 3
13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone: 305-444-2324
MDW Insurance (North)
362 Minorca Ave Fax: 305-444-4980
Coral Gables, 33134
Craig Weinsteinn
CONTACT
NAME: Jannette Beltran
(A No EX1 :305-444-2324 Fn//� No): 305-444-4980
E-MAIL
f DRE SS, jbeltran@mdwinsurance.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Hartford Casualty Insurance Co
29424
INSURED Metric Engineering, Inc.
13940 SW 13186 Steet, #200
Miami
Miami, FL 3318
INSURER B : Hartford Fire Ins. Co.
INSURER C : Hartford Casualty Insurance Co
29424
INSURER D : Hartford Insurance Co of SE
38261
INSURER E : Lexington Insurance Company
119437
INSURER F
COVERAGES CERTIFICATE NUMBER: RFVISIt7N NUMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDLSUBR
POLICY NUMBER
POLICY EFF
MM/DDIYYYY
POLICY EXP
MMIDD/YYYY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE a OCCUR
X
21UUNAN3986
03/01/2013
03/01/2014
EACH OCCURRENCE
$ 1,000,000
DAMA E T E TED
PREMISES Ea occurrence
$ 300,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
RO LOC
POLICY X PEC
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS X NON -OWNED
AUTOS
X
21UENAN4048
03/01/2013
03/01/2014
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
X
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
X
PROPERTY DAMAGE
Per accident
$
(�
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
21XHUAN3161
03/01/2013
03/01/2014
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
_
$ 1,000,000
DED I X I RETENTION$ 10,000
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatoryin NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
21WBAH4207
03/01/2013
03/01/2014
X WC STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE- EA EMPLOYE
$ 1,000,000
E.L. DISEASE- POLICY LIMIT
$ 1,000,000
E
Professional Liab
Full Prior Acts
031428218
$100,000 DEDUCTIBLE
03/01/2013
03/01/2014
Ea Claim 1,000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
**SEE ATTACHED**
Monroe County
1100 Simonton Street
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
)#A. A,��
@ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
5 i 1 /N
AGREEMENT
THIS AGREEMENT is made the It& day of , 2012, by and between STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PRO CVION, DIVISION OF RECREATION AND
PARKS, 3900 Commonwealth Boulevard, Mail Station 00, Tallahassee, Florida 32399-3000, herein
called DRP, and MONROE COUNTY, FLORIDA, 1100 Simonton Street, Key West, Florida 33040,
herein called the County.
WHEREAS, DRP wishes to complete the restoration work as described in the DRP document
"North Key Largo Restoration Project" (Exhibit "A°); and
WHEREAS, the County has possession of mitigation monies as a result of the construction of
the Key Largo wastewater treatment plant which construction necessitated the review and approval of
the U.S. Fish and Wildlife Service ("USFWS"); and
WHEREAS, a condition of USFWS's approval was the payment of a mitigation fee into the
Monroe County Environmental Land Management and Restoration Fund which must be utilized to
complete the restoration of a minimum of 4.2 acres of tropical hardwood hammock habitat in North Key
Largo and any proposed mitigation project claiming to meet this requirement must be reviewed and
approved by USFWS; and
WHEREAS, according to a Biological Opinion issued by USFWS in August 2011 (Exhibit "B"),
the restoration work proposed by DRP in the "North Key Largo Restoration Project" document meets
USFWS mitigation requirements.
WHEREAS, DRP wishes to complete this restoration project utilizing the mitigation monies
received and contributed by the County as a result of the construction of the Key Largo wastewater
treatment plant and the County is in agreement with this proposal.
NOW, THEREFORE, this Agreement is intended to outline the terms of the restoration project
proposed for Dagny Johnson Key Largo Hammock Botanical State Park and this Agreement is subject
to the following terms and conditions:
1. PERMISSION TO ENTER PROPERTY. DRP as lessee under Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida Lease No. 3267 hereby grants the County the
non-exclusive permission to enter Dagny Johnson Key Largo Hammock Botanical State Park (the
"Property"), for the sole purpose of habitat restoration (the "Project"), from the date of this Agreement
through December 31, 2014. This Agreement is personal to the County and may not be assigned or
transferred without the prior written consent of DRP.
The Project consists of restoration work as described in the attached DRP document "North Key Largo
Restoration Project" and as authorized in the attached Biological Opinion from the US Fish & Wildlife
Service dated August 13, 2011. DRP understands that all of the restoration work described in the
"North Key Largo Restoration Project" will not necessarily be completed under the Project.
DRP and the County agree that the work will proceed in the following order: Port Bouganville site, Nike
Radar site, and the Old Roads site.
DRP gives the County and its respective employees, contractors, subcontractors and agents
permission to enter upon the Property to perform and undertake the Project from the date of this
Agreement until December 31, 2014.
1
Agreement: North Key Largo Mitigation Project
In the event that any dispute arises between the parties or with the County's contractors, both DRP and
County agree to attempt to resolve the issues by meet and confer sessions between representatives of
each of the parties.
No work shall commence until after sunrise and must be completed by sunset, unless such work is
coordinated with and approved by the park manager of Dagny Johnson Key Largo Hammock Botanical
State Park ("Park Manager").
DRP and its duly authorized agents retain the right to enter the Property or to engage in management
activities not inconsistent with the use herein provided.
2. PROOF OF LIABILITY INSURANCE. The County's contractors shall provide proof of
liability insurance to the Park Manager prior to entering the Property. The liability insurance shall be in
amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal
injury, death and property damage. Such policies shall name the State of Florida Department of
Environmental Protection, Division of Recreation and Park and the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida as additional insureds. The County, as a political
subdivision of the State of Florida, represents to DRP that it has purchased suitable Public Liability,
Vehicle Liability, and Workers' Compensation insurance, or is self -insured, in amounts adequate to
respond to any and all claims under federal or state actions for civil rights violations, which are not
limited by Section 768.28, Florida Statutes, and Chapter 440, Florida Statutes, as well as any and all
claims within the limitations of Section 768.28, Florida Statutes, and Chapter 440, Florida Statutes,
arising out of the activities governed by this Agreement.
3. LIABILITY. The County shall assist in the investigation of injury or damage claims either
for or against DRP or the State of Florida pertaining to the County's respective areas of responsibility
under this Agreement or arising out of the County's respective management programs or activities and
shall contact DRP regarding the legal action deemed appropriate to remedy such damage or claims.
Nothing in this Agreement extends the waiver of sovereign immunity above the statutory limits of
Section 768.28, Florida Statutes, for either party.
4. PAYMENT. No payment of money shall be due to DRP under this Agreement. The
County shall use some or all of the mitigation funds, not to exceed the amount of $713,000, to perform
or contract for the performance of the Project. There are no third party beneficiaries of this Agreement.
Under Section 713.11, Florida Statutes, no lien of the County's contractors can attach to the land which
is the subject of the Project. Funding contemplated under this Agreement is subject to annual
appropriation by the County.
5. NOTICE. The County or its contractors shall contact the Park Manager at the below
listed addresses prior to commencing any activities at the Property and any and all correspondence
shall either be hand delivered or sent via certified mail, return receipt requested.
As to DRP:
Paul Rice, Chief
Bureau of Parks, District 5
137985 E Federal Hwy
Hobe Sound, FL 33455
(561)546-0900
Pat Wells, Park Manager
Dagny Johnson KL Hammocks State Park
Go John Pennekamp Coral Reef State Park
P.O. Box 487
Key Largo, FL 33037
Agreement: North Key Largo Mitigation Project
2
As to the County:
Beth Bergh, Land Steward
2796 Overseas Hwy, Suite 400
Marathon, FL 33050
(305)289-2511
6. COMPLIANCE WITH LAWS. The County will comply with all laws, ordinances, and
governmental rules and regulations which apply its activities on the Property. DRP will obtain all
necessary permits and/or authorizations as may be required by the regulatory agencies.
7. TITLE. DRP neither warrants title to the Property nor guarantees the suitability of the
Property for any particular use.
8. VENUE. Venue for any suit or action shall be in Monroe County, Florida.
9. NONDISCRIMINATION. The parties agree that neither party shall violate any federal or
State of Florida discrimination or equal employment opportunity laws.
10. 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, the
parties agree to participate, to the extent reasonably 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. The parties specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any
attachment or addendum to this Agreement.
11. COVENANT OF NO INTEREST. This Agreement constitutes permissive use only. The
County agrees that it does not and shall not claim at any time any right, title, interest or estate of any
kind or extent whatsoever in the Property by virtue of this Agreement or its occupancy or use
hereunder.
12. NO SOLICITATION/PAYMENT. The parties represent that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely
for it, to solicit or secure the Project 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 the Project.
13. PUBLIC ACCESS TO RECORDS. The parties shall allow and permit members of the
public reasonable access to, and inspection of, all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in
conjunction with this Agreement.
14. TERMINATION.
(a) Either party may terminate this Agreement for cause in the event the other party fails to abide by
the terms hereof, if, after written notice delivered to the defaulting party, the defect is not corrected
within 30 days.
(b) Either party may terminate this Agreement prior to the commencement of the Project without
cause by providing thirty (30) days written notice thereof to the other party.
Agreement: North Key Largo Mitigation Project
15. AUTHORITY. Each of the signors below represents that he has the authority to execute
this Agreement on behalf of his respective agency or commission.
16. RESPONSIBILITY FOR MAINTENANCE. Upon completion of the Project by the County
and its contractors, DRP shall be responsible for the maintenance and management of the Project.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
Witnesses:
2�1
Witness Signature
d1 catZ,
Printed/Ty d Name of Witness
Priyited/Typed Nam f Witness
STATE OF FLOR A
COUNTY OF c r P
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
DIVISION OF RECREATION AND
PA
B:
aui Rice, Chief, Bureau of Parks,
District 5
The foregoing instrument was acknowledged before me this day of Alh v Si 2012, by
Paul Rice, Chief, on behalf of the Bureau of Parks, District 5, Division of Recreation and Parks, State of
Florida Department of Environmental Protection. He is p onally kno o me.
Ci
otary Public, State of Florida
La.FATM C. WENU
NOWY Pdk - ShM of PWW
—
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PCa-�ciiV. L tf"t-L
Print/Type Notary Name
Commission No.: E E ol7 3 9
Commission Expires: /41.4)
Agreement: North Key Largo Mitigation Project
a
Approved as to
MONROE COUNTY, FLORIDA
By its Board of County Commissioners
By:
_ /,1 De�
Waor David Rice U ', / p, z a 1 z
ATTEST:
Danny L. Kolhage, Clerk
Deputy Clerk
(OFFICIAL SEAL)
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Agreement: North Key Largo Mitigation Project
Ehibit "A"
North Key Largo Restoration Project
Introduction
There are three main site locations included 'in this restoration project: Port
Bougainville, the Nike Radar Site, and the North Key Largo Roads (old CR 905 and Card
Sound Road).
All sites in this project are located within North Key Largo which encompasses
the area north of the intersection of US Highway 1 and CR 905. The majority of North
Key Largo is currently in public ownership, preserved as conservation land. The US Fish
and Wildlife Service's Crocodile Lakes National Wildlife Refuge is located west of CR
905 while the Dagny Johnson Key Largo Hammock Botanical State Park is located east
of CR 905. A few private parcels are scattered on either side of CR905. The project sites
are located within the Botanical State Park. These areas are dominated by hardwood
hammock, salt marsh, and mangrove wetland natural communities, although the majority
of the areas to be restored in the project are within hardwood hammock. There are small
sections of transitional zone habitat located at both the Port Bougainville site and the Old
Roads site.
General Project Description
The main purpose of this project is to restore the areas to historic natural
elevations without disturbing areas that have satisfactorily succeeded to expected natural
communities. All building structures will be removed and areas scraped down to a more
natural grade to match surrounding natural community structure. All roads, sidewalks,
parking areas, and game courts will be broken up and removed. All "clean fill" from the
demolition will be sent to either the entrance channel at Port Bougainville or Carysfort
Marina both of which are currently under restoration and are permitted to receive clean
fill material. `Clean fill' is considered clean lime -rock fill (free of contaminants),
concrete rubble (smaller than 4 feet, no rebar protruding no further than 6", no paint or
coating not approved by KKERRF), brick, crushed glass, PVC (chipped to smaller than 6"),
clay roof or floor tiles and ceramic floor tiles free of sealants. Other material including
wood, metal, asphalt, etc will be removed from the site and disposed of at a permitted
waste facility.
M
Port Bougainville Site
Port Bougainville is a parcel that consists of a variety of habitats, including
hardwood hammock, mangrove and salt marsh. During the 1970's and early 1980's this
property was under construction to develop a large resort. Tice construction did not make
it to completion and was acquired by the State of Florida through the Conservation and
Recreational - Lands (CARL) Program. Since that time, it has undergone several phases of
restoration with the goal to restore the whole area back to the historic natural condition.
As shown below previous restoration cfforts have included (to name a few) filling in of
the boat basin, removal of a large fill pile within the mangroves, remov'al of several
parually built buildings, and filling of a *pit. All of these areas have been restored back
to historical natural elevations and native vegetation planted in areas where needed.
This phase of restoration would see the removal of the remaining
buildings structures and fill associated with the initial development. Most of the old roads
in the area will also be removed, except for the section located in the current day -use
section which will be minimized to twelve feet. The areas will be graded down to match
surrounding natural elevations, All demolished materials will be removed from the site
daily to minimize the possibility of Key Largo woodrat and Key Largo cotton mice
usage. Due to the healthy hardwood hammock lying adjacent to the site, only one site,
the
Restaurant & Tunnel location, will be planted using native stock grown in the Parks
Native Plant Nursery. Natural recruitment will occur quite readily in the other areas,
Area
Haramock Acres Transitional Zone Acres
Tennis court
1.21
Bathhouse
0.30
House & associated fill
0.45
Restaurant & Tunnel
130
Lodge & associated fill
0-62
Foundation
0.13
Fill Area
0,15 0.15
Old Roads
2.15 -
Total
6.31 0.1
Old Roads Site
"he third site location is the area of North Key Largo encompassing old CR 905
and old Card Sound Road. These sections of road are no longer in use as highways;
Z�
instead they are used as trails through the restricted `back -country' area ofDagny
Johnson Key Largo Hammock Botanical State Park (KL).
This phase of the project will include the removal of portions of old CR 905 and
old Card Sound Road. The goal will be to reduce the current width to 10 feet, which will
still allow vehicular access to the area but minimize the disturbance footprint. Extra
roadbed will be removed to create 'movement' along the road, which is currently mostly
a straight road. The ends of the roadbeds will remain at the current width and slowly
tapper in to 10 feet to allow for turn -around locations. Associated fill and asphalt will be
removed on a daily basis from site to minimize the possibility of Key Largo woodrat and
Key Largo cotton mice usage. Due to the healthy hardwood hammock lying adjacent to
the roadbeds, no vegetative plantings will be necessary as recruitment will happen
naturally. Upon completion, approximately 4.86 acres of hammock and 0.49 acres of
transitional zone habitat will be restored.
Length
Width
Area
Road Remaining
Restored
Site
(ft)
Isoft)
nwe eta X 10
rvoLft)
(S!Qft)
Old Card Sound Road
Section A
Hammock
6,380
25
159,500
63,800
95,700
Section. B
Hammock
3,943
20
78.860
39,430
39,430
Section C
flammo�ek
3,276
23
751,348
32.760
42.538
Transitional Zone
24
23
460200
260
Old CR 905
Hammock
2,268
25
56,700
22.680
34.01-0
Transitional Zone
1.415
25
35,375
14,150
21,225
Totals
Hammock
15,867
370,408
158,670
211,738
Transitioml Zone
1,435
35,835
14.350
21,485
Nike Radar Site
The Nike Radar Site is a parcel of land located just south of the three way
intersection of CR 905 and Card Sound Road. It contains the remnants of alike Radar
military facility which was fully operational between June 1965 and June 1979. The State
of Florida acquired the property in June of 1987. Since that time no restoration has
occurred besides treating for non-native plant species. All radar towers will remain in
place to mark the area's historical significance in North Key Largo,
The goal of this phase will he to remove all building structures, walkways,
parking lot, basketball court, etc. The access road will be minimized to a 10 foot width.
All associated fill will also be removed and the area graded down to match surrounding
natural elevations. All demolished materials will be removed from the site daily to
minimize the possibility of Key Largo woodrat and Key Largo cotton mice usage, Due to
the adjacent healthy hardwood hammock lying adjacent to the site, no vegetative
plantings will be necessary as recruitment will happen naturally. The Florida Park
Service recognizes the historic nature of this site and will be conducting a full Historical
Evaluation Survey in accordance with the Florida Department of State*s Division of
Historical Resources. All wastewater treatment structures will be evaluated and removed
in accordance with Monroe County Health Department regulations, Asbestos is a known
component of at least one of the structures on this site so all requirements regarding this
substance will be followed when evaluating and removing.
Area HammockAcres
Wastewater Treatment Building
0.03
Basketball Court
0,18
Medical Building
0.01
Liquid supply structures
0.05
Barracks
0.47
Guard House
0.01
Radar Towers
0.03
GarageAVorkshop
0.06
Power buildings
OAO
Area Hammock Acres
Access road/parking lot 0.91
Walkways/helipad 0.44
Total 2.29
Summary
In total the proposed restoration project will restore approximately 13.46 acres of
hardwood hammock and 0.64 acres of transitional zone habitats.
Permitting Conditions
The following agencies may require permit authorization of the proposed restoration
project: US Fish and Wildlife Service, South Florida Water Management District, US
Army Corps of Engineers, DEP Regulatory, Monroe County, NOAA Florida Keys
National Marine Sanctuary, Monroe County Department of Health, and Department of
State — Historic Resources.
Contractor Considerations
The selected Contractor will be supplied with a detailed scope of work and copies of all
permits. Additionally, State Park personnel will conduct a pre -construction meeting with
the Contractor to review all permit conditions and to discuss site considerations. Park
personnel will provide project oversight throughout the entire project.
Site Access
Port Bougainville site: Access will be available via a dirt road located on the ocean side
of CR 905 at power pole 240. Vegetation along the access road will be trimmed by Park
staff to allow one -lane transit.
Old Road site: Access will be available via dirt/paved road on the ocean side of CR 905
at power pole 90. Vegetation along the access road will be trimmed by Park staff to allow
one -lane transit.
Nike Radar Site: Access will be available via dirt/paved road on the ocean side of CR 905
at power pole 90. Vegetation along the access road will be trimmed by Park staff to allow
one -lane transit.
Listed Species Considerations
Key Largo Woodrat
The Key Largo woodrat (Neotoma . floridana smalli) is a federally endangered
species that is found within North Key Largo hammocks. According to the USFWS
Multi -species Recovery Plan for South Florida, the remaining hardwood hammock
habitats are critical for the survival of the Key Largo woodrat. The Plan also states that
habitat restoration is a priority action necessary to protect and conserve the remaining
woodrat population.
In consideration of the potential for woodrat occurrence at the project sites, a
presence/absence trapping event will occur at all project areas in accordance with
USFWS trapping protocols (Appendix 1). Project guidelines may be modified for those
areas where woodrats are found.
Post construction Monitoring and Success Criteria
Once final elevations are achieved, the restoration area will be permanently
delineated with corner markers and the boundary will be identified using GPS. This site
will be monitored using photo points established prior to construction. Additionally, the
site will be periodically monitored by Park personnel for the presence of invasive exotic
vegetation.
Appendix I: USFWS Trapping Protocols
Appendix 2: List of property locations.
Appendix 1
U.S. FISH AND WILDLIFE SERVICE
TRAPPING PROTOCOL TO DETERMINE PRESENCE OF
THE KEY LARGO WOODRAT (Neotoma floridana smalli) AND THE KEY LARGO
COTTON MOUSE (Peromyscus gossypinus allapaticola)
5/9/2005
This protocol is to be used when trapping to determine presence/absence of the Key Largo
woodrat (KLWR) and Key Largo cotton mouse (KLCM) in a given area.
1. Individuals conducting the trapping should have a permit and previous experience in
live trapping small mammals (or be trained by an experienced person). They must also
be able to identify any species that may be captured during the trapping event.
2. Surveys should include all potential KLWR/KLCM habitats within the area and, if
landowner permission can be obtained, adjacent lands with potential KLWR/KLCM
habitat.
3. Trapping should be conducted over the entire project area using a grid system of
Sherman live -traps spaced at 10-15 meter intervals.
4. Traps should be set for four consecutive nights per trapping season or until an
individual of each species is caught. Unexpected drops in temperature may cause a
disruption in consecutive trapping nights.
5. Trapping will not be conducted when nighttime temperatures are forecast to be <60° F.
If temperatures are forecast to be in the mid to low 60's, cotton balls (4-5) will be placed
in the trap along with the bait.
6. Bait should consist of crimped oats and any combination of the following ingredients:
peanut butter, grapes, apples and/or sunflower seeds.
7. In areas where fire ants are present, 10% Carbaryl (Sevin) dust will be placed
immediately under the traps so that KLWRs/KLCM will not come in immediate contact
with it. Other approved methods will be considered.
8. Traps should be checked and all KLWRs/KLCM released no later than 3 hours after
official sunrise.
8. Upon capture of a KLWR or KLCM, authorized personnel identified by the Service
will be contacted immediately.
Hobgood.5.2005
9. All captured individuals shall be handled for as briefly as possible in a humane
manner during the time it takes to tag, examine, identify, and collect necessary biological
samples. OPTIONAL: All KLWRs captured in the wild will have blood samples taken
by authorized personnel for genetic analysis. PIT (passive -induced transponder) tags in
conjunction with ear tags will be used for individual woodrat identification and such
identification will be applied by authorized personnel. All KLWRs/KLCM shall be
released at their point of capture, if possible.
10. Any black rats (Rattus rattus) captured during woodrat trapping will be euthanized
humanely. If raccoons are disturbing traps (determined by missing bait or closed traps),
the Service will be contacted and an appropriate method for minimizing trap disturbance
will be implemented. If raccoon trapping is deemed necessary, the raccoons will be
trapped using appropriately sized traps (e.g. Tomahawk). Domestic cats are to be
released on the perimeter of the study area near residences and any feral cats captured in
the traps will be brought to the local animal shelter.
11. Presence of KLWRs/KLCM can be documented in a single trapping period. To
determine absence, traps shall be operated seasonally (fall, winter, spring, summer) for
two years.
12. Site description and trapping data should be recorded. Site description should include
GPS location and property Real Estate number, habitat on the project area and adjacent
lands, and trapping design relative to habitat distribution. Daily trapping data should
include number of KLWRs/KLCM trapped per day, non -target species, and lost or
missing traps. Complete and verified data will be delivered via CD-ROM (preferred)
and/or by software compressed (zipped) file. All digital and hardcopy information that is
part of the project must be included in the final report (i.e. GIS data, reports, metadata,
photos, and other supporting materials). Sex, age, and reproductive status of Key Largo
cotton mice will also be reported. All trapping information should be submitted to the
following offices:
Winston Hobgood
U.S. Fish and Wildlife Service
1339 2& Street
Vero Beach, Florida 32960
Jeffery A. Gore, Ph.D.
Fish and Wildlife Research Institute
Florida Fish and Wildlife Conservation Commission
3911 Highway 2321
Panama City, Florida 32409 USA
Pat Wells
Pennekamp State Park
2 Hobgood 2005
P.O. Box 487
Key Largo, FL 33037
Ernest A Cowan
Florida Park Service
13798 S.E. Federal Highway
Hobe Sound, FL 33455
Steve Klett
Crocodile Lake National Wildlife Refuge
P.O. Box 370
Key Largo, FL 33037
Cindy Schulz
U.S. Fish and Wildlife Service
South Florida Ecological Services Office
1339 20" Street
Vero Beach, FL 32960-3559
3 Hobgood.5.2005
Appendix 2
North Key Largo Restoration Project
Prnnerhi I nrrmtinnc
Section
Township
Ran
Alternative KeyParcel
ID
13
59 N
40 E
1087254
00080160-000000
13
59 N
40 E
1087262
00080190-000000
24
59 N
40 E
1087921
00080740-000000
24
59 N
40 E
8776730
00080750-000100
24
59 N
40 E
1087947
00080760-W0000
44
59 N
40 E
1087815
00080670-000000
24
59 N
40 E
8640005
00080640-000100
24
59 N
40 E
8640731
00080670-000100
24
59 N
40 E
1087742
00080630-000000
24
59 N
40 E
1087751
00080640-000000
24
59 N
40 E
1087823
00080680-M0000
24
59 N
40 E
1087831
OW80680-000100
24
59 N
40 E
1087769
00080650-000000
24
59 N
40 E
1087956
00080770-000000
15
59 N
40 E
1087971
00080790-000000
25
59 N
40 E
1087998
00080810-000000
25
59 N
40 E
1088005
00080820-000000
261
59 N
40 El
1088048
00080840-000000
261
59 N
40 El---
1088056
00080860-000000
401
31 N
60 El
8667493
00663133-000100
Street Address Road or other location: CR 905, North Key o
Exhibit "'r
United States Department of the Interior
FISH AND WILDLIFE SERVICE
South Florida Ecological Services Office
1339 20" Street
Vero Beach, Florida 32960
August 17, 2011
Pat Wells
Florida Department of Environmental Protection
John Pennekamp Coral Reef State Park
Post Office Box 487
Key Largo, Florida 33037
Service Federal Activity Code: 41420-2011-CPA-0200
Service Consultation Code: 41420-2011-F-0183
Applicant: John Pennekamp Coral
Reef State Park
Date Received: October 21, 2010
Consultation Package Complete: June 23, 2011
County: Monroe
Dear Mr. Wells:
This document transmits the U.S. Fish and Wildlife Servieds (Service) Biological Opinion (BO)
for the Florida Department of Environmental Protectiods (DEP) proposed North Key Largo
Restoration Project (Project) to benefit the endangered Key Largo woodrat (Neoitmra flvridana
smalli; KLWR) and the endangered Key Largo cotton mouse (Peromyscus gossypinus
allapatrcola; KLCM) in accordance with section 7 of the Endangered Species Act of 1973, as
amended (Act) (87 Stat. 884; 16 U.S.C.1531 et seq). The Project is located within the Dagny
Johnson Key Largo Hammock Botanical State Park (Park) in Key Largo, Momne County,
Florida.
The Service is consulting with DEP on this project under section 7 of the Act because a Federal
nexus involves the expenditure of compensation funds ($713,634.64) from the Federally funded
Key Largo Wastewater Treatment Punt. The funds were transferred to Monroe County as
compensation resulting from the Services June 11, 2001, BO (Service Code: 41420.2000-T-0736)
and October 10, 2006, Technical Assistance (TA) (Service Code: 41420-2006-FA-1604)
evaluation of the construction and expansion of the Key Largo Wastewater Treatment Plant:
According to the terms of the Services October 2006 TA letter to the Key Largo Wastewater
Treatment District, the Service agreed the funds may be used cooperatively with the DEP to restore
tropical hardwood hammock (hammock) on the island of Key Largo. A minimum of 4-2 acres of
hammock was specified to be restored in accordance with the teems of the BO and TA. DEPs
-- proposed Project will restore a total of 13.16 acres of hammock in North Key Largo; therefore,
the Service approves the use of the $713,634.64 for the Project. The use of the funds for this
restoration activity will fulfill the requirements for restoration in the referenced BO and TA.
This BO is based on information provided in the Park's October 21, 2010, information package,
email messages, telephone conversations, site visits, and other sources of information. A
complete administrative record of this consultation is on file at the South Florida Ecological
Services Office, Vero Beach; Florida.
Consultation History
On October 21, 2010, the Service received the DEP's request for consultation on the proposed
Project.
As of June 23, 2011, we have received all the information necessary for initiation of formal
consultation on the KLWR and the KLCM as required in the regulations governing interagency
consultations (50 CFR § 402.14). The Service is providing this Biological Opinion in conclusion
of formal consultation.
BIOLOGICAL OPINION
DESCRIPTION OF PROPOSED ACTION
The Project purpose is to restore historic natural elevations and vegetation on 19.07 acres at three
previously developed, and now abandoned, sites in the Dagny Johnson Botanical State Park in
North Key Largo (Table 1, Figure 1). The three sites proposed for restoration are: the Port
Bougainville Site (Figure 2), the Old Roads site (Figure 3) and the Nike Radar Site (Figure 4).
Previous development includes roads, structures, fill and excavations.
The sites are located within the Park in North Key Largo, which encompasses the area north of
the intersection of US Highway 1 and County Road (CR) 905. The majority of North Key Largo
is in public. ownership and preserved as conservation lands. The Service's Crocodile Lake
National Wildlife Refuge (CLNWR) is located west of CR 905, while the Park is located east of
CR 905. A few private parcels are scattered on either side of CR905. The dominant natural
communities are hammock, salt marsh, and mangrove wetland. The majority of the areas to be
restored are within hammock. There are sections of transitional zone habitat located at both the
Port Bougainville site and the Old Roads site.
DEP proposes to:
• Restore 13.31 acres of disturbed hammock, 5.12 acres of disturbed wetlands to hammock
and 0.64 acre of wetland transition zone habitat, totaling 19.07 acres.
• Break up and remove all structures (except one historic radar tower), roads, sidewalks,
parking areas, game courts and other previous development and scrape down to a natural
grade, matching the elevations of surrounding natural communities.
• Remove fill and transport all clean fill* from the demolition to either the entrance
channel at Port Bougainville or Carysfort Marina, both of which are currently under
restoration and are permitted to receive clean fill material. Other material including
wood, metal, asphalt, etc. will be removed from the site and disposed of at a permitted
waste facility.
2
• Plant the "Restaurant & Tunnel" location, within the Port Bougainville Site, with native
vegetation stock grown in the Park's native plant nursery. Natural recruitment is
expected to occur rapidly in the other areas.
• Remove and maintain control of invasive exotic vegetation.
• Monitor restoration and revegetation of the proposed sites.
• Conduct small mammal trapping on all Project areas in accordance with Service trapping
protocols (Enclosure) and, in consultation with the Service, modify Project guidelines if
necessary where KLWRs or KLCMs are found.
*Clean frll is defined as clean (free of contaminants) time -rock fill, concrete rubble f(smaller
than 4 feet, no rebar protruding more than 6 inches, no paint or coating not approved by the
Florida Keys Environmental Restoration Fund (KERF)J, brick, crushed glass, PVC (chipped to
smaller than 6 inches), clay roof or floor tiles and ceramic floor tiles free of sealants.
Table 1. Proposed habitat restoration.
Site
Hammock
Acres
Transitional Zone
Acres
Disturbed
Wetlands
Total
Port Bougainville
6.16
0.15
5.12
11.43
Old Roads
4.86
0.49
0
5.35
Nike Radar
2.29
0
0
1 2.29
Total
13.31
0.64
5.12
119.07
Action Area
In determining the action area for the KLWR and KLCM for this BO, the Service evaluated the
extent that these species may be affected. About 19.07 acres of hammock and transitional
wetlands at three previously disturbed sites will be restored (Figure 1). No measureable impacts
outside this area were identified. Therefore, the Service's defines the action area for the KLWR
and KLCM as the combined footprints of the 19.07-acre Project.
STATUS OF THE SPECIES/CRITICAL HABITAT
The sections that follow summarize the status of KLWR and KLCM across their entire range and
the status of critical habitat, where applicable. These summaries provide biological and
ecological information relevant to the analyses in the Effects of the Action section that follows.
Key Largo woo drat
Species/critical habitat description
The KLWR is a subspecies of the eastern woodrat (N. floridana), a species widely distributed in
the eastern United States. The KLWR is gray -brown with white underparts, and has large cars,
protuberant eyes, and a hairy tail. The body length ranges from 4.7 to 9.0 inches, the tail length
ranges from 5.1 inches to 7.4 inches, and the hind foot length ranges from 1.3 inches to 1.5
inches (Service 1999).
3
Critical habitat has not been designated for this species. Therefore, no regulatory description is
provided here.
Life history
Distribution and Habitat: The KLWR is endemic to the hammocks of Key Largo (Service 2008).
Historically, the KLWR occurred throughout Key Largo south to near Tavernier, but the species'
present range includes only the northern portion of Key Largo (Frank et al. 1997). About 2,498
acres of suitable woodrat habitat occur within this range, and a total of 2,188 acres (88 percent)
are currently protected for conservation purposes. Woodrats are active climbers, and often climb
along fallen trees to move across the forest floor. Moreover, woodrats appear to establish and
use trails within their home range (Service 1999).
The KLWR, like other members of the genus Neotoma, builds large structures as nests and
shelters. The structures are comprised of sticks, twigs, and various other objects and assembled
into mounds that can reach 4 feet high and 6 to 7 feet in diameter. Woodrats frequently locate
these structures adjacent to tree stumps, fallen trees, or boulders and may use old sheds,
abandoned cars, rock piles, and machinery as shelter and nest sites. Structures generally consist
of a central chamber and may have several entrances. Normally, only one adult woodrat inhabits
a structure, and a single woodrat may build and use several structures over its lifetime.
Goodyear (1985) found that KLWR% occurring within some areas of North Key Largo did not
build structures, although she noted nest and shelter sites located within rock crevices contained
at least a few sticks placed at the nest entrance. In the late 1990s, Frank et al. (1997) reported
that stick structures were no longer observed on North Key Largo.
Miscellaneous Life History Information: The KLWR is herbivorous; its diet consists of a variety
of leaves, buds, seeds, and fruits. Woodrats can reproduce year round, although, reproductive
activity has been observed to be greatest during the summer. The KLWR usually gives birth to
two young per litter, but litter size can range from one to four young. Female woodrats may
produce two litters per year. Both sexes of the KLWR reach sexual maturity in about 5 months.
The KLWR is believed to have a short Iife span. Based on the known life spans of other
subspecies of N. florrdana, the life expectancy of the KLWR is likely 1 to 3 years (Service 1999).
Habitat management
Historically, the management of KLWR habitat on North Key Largo was limited to the
maintenance of mature hammock vegetation. However, more recent management efforts have
included the installation of artificial cover and nesting structures. For example, the Service
enhanced woodrat habitat at the abandoned "Nike Missile" site within the CLNWR in 2004.
Concrete buildings at the site were demolished, and piles of rubble and large rocks were
constructed to provide cover and nest sites for the KLWR. In 2005; refuge volunteers began
experimenting with the placement of artificial structures (comprised of rocks, sticks, artificial
materials, etc.) to provide additional nesting sites and shelter for the KLWR within the CLNWR.
In 2008, more than 150 artificial structures had been installed within the CLNWR. Potts (2008)
reported that about 33 percent of these structures were being used by woodrats. As of January
2010, more than 300 artificial nesting and shelter structures have been installed within the
CLNWR (S. Klett, personal communication).
4
Population dynamics
Past studies to monitor the population size of the KLWR vary greatly with respect to methods and
trapping effort. Therefore these studies should not be considered as replicate samples of the KLWR
population. However, since each monitoring study provides information on the relative abundance
of the KLWR, the studies can be used collectively to roughly assess the population trends of the
KLWR. Based on the monitoring data, it does appear that the size of the KLWR population may
have declined from levels observed 20 to 30 years ago (McCleery et al. 2006; Winchester 2007), and
may currently be precariously small. Frank et al. (1997) suggests the substantial decline in KLWR
population occurred sometime in the late t980s and early 1990s. The following discussion
summarizes the information available from past monitoring efforts and studies of the KLWR.
In 1952, anecdotal evidence suggested the KLWR occurred on Key Largo, but was most
abundant on the northern end of the island. As discussed above, the KLWR builds nesting and
sheltering structures out of sticks, and the presence of these structures can be used as an index of
KLWR abundance in an area. A survey of a site in North Key Largo documented 40 stick nests
within a site located adjacent to CR 905 approximately 4 miles north of its intersection with U.S.
Highway I (Service 2003).
In 1970, an effort was made to reestablish the KLWR within Lignumvitae Key Botanical State
Park by relocating a total of 19 KLWRs (10 males and 9 females) from North Key Largo (Brown
and Williams I971). The introduction was apparently successful based on the stick nests
observed in the area by Hersh (1978) and park rangers. Park rangers reported observing stick
nests on Lignumvitae Key until about 1986.
Hersh (1978) studied the KLWR in North Key Largo during 1976 and 1977. Hersh (1978)
reported a density of 0.9 woodrat per acre, and reported stick nests were common and could be
used as a general indicator of woodrat presence. Hersh (1978) developed an index of 5.6 stick
nests per woodrdt, and observed mature hammocks supported the highest densities of the KLWR.
In 1979, Barbour and Humphrey (1982) surveyed the KLWR in Key Largo and estimated there
were 3,666 KLWR stick nests and 645 individual KLWRs within a 222-acre study area. These
estimates were based on live trapping using 40 strip transects established within habitat adjacent
to CR 905. Barbour and Humphrey (1982) also found KLWRs on Lignumvitae Key at
comparable densities to those on North Key Largo, and estimated 85 KLWRs occurred on the
island at a density of 0.9 per acne. Barbour and Humphrey (1982) concluded KLWR density was
highest in mature forests, and active stick nests were strong indicators of healthy KLWR populations.
In May and June of 1985, Goodyear (1985) conducted live trapping for the KLWR at 15 sites
within hammock habitat in North Key Largo. A total of 59 individual KLWRs were captured
during the survey. Goodyear (1985) observed the KLWR was found in areas with and without
stick nests. Goodyear (1985) also concluded the following. 1) woodrats are not dependent on
stick nests as shelters; 2) stick nest construction is based on habitat conditions, and habitats with
abundant natural cover were observed to contain fewer stick nests; 3) disturbance could benefit
woodrats in habitats with few natural cavities such as recently cleared early successional sites; and
4) older hammocks with increased structural complexity appear to be optimal woodrat habitat.
5
From March through May in 1986, Humphrey (1988) surveyed six sites in Key Largo for the
KLWR. A total of 129 individual KLWRs were captured during the study. Humphrey (1988)
reported a mean density of 1.3 KLWR per acre for sites in the north end of Key Largo, and a
higher density of 4.9 KLWR per acre for sites farther south, but still in north Key Largo_
Humphrey's (1988) woodrat densities were 7 times greater than densities reported by Hersh
(1978) and 3 times greater than the densities previously reported for other subspecies of the
eastern woodrat (Finch and Rainey 1956). Humphrey (1988) also concluded that stick nests
were poor estimators of KLWR density and tended to underestimate density. Extrapolating
average density over acres of habitat available, Humphrey (1988) estimated a population of
6,500 KLWRs in North Key Largo.
Frank et al. (1997) conducted a live trapping survey of the KLWR within North Key Largo
during January through May of 1995. Live traps were places within 48 transects (each 250 meters
in length), and 4 165-meter by 165-meter trapping grids. Frank et al. (1997) found densities of
the KLWR had declined significantly from those reported by Humphrey (1988). A total of only
42 individual KLWRs were captured during the study. Moreover, stick nests were virtually
absent from the areas surveyed. Frank et al. (1997) expressed concern that low densities coupled
with the absence of stick nests could indicate significant declines in the KLWR population, and
suggested that intensive monitoring and management be initiated by State and Federal land
managers. Since 1997, the KLWR has been absent on Lignumvitae Key as evidenced by both
trapping and lack of sign (Greene 2007).
Sasso (1999) monitored the KLWR from July 1996 through April 1998, using the same trapping
locations and methods used by Frank et al. (1997). Sasso (1999) observed woodrat densities and
stick nest numbers similar to those reported by Frank et al. (1997). Sasso (1999) concluded
intermediate -aged hammock may provide better habitat conditions for woodrats than old, mature
hammock, and suggested a possible role for natural disturbance (e.g., hurricanes) in maintaining
optimal woodrat habitat.
From 1998 to the present, monitoring of the KLWR has been conducted at the CLNWR by
CLNWR staff and others, using live traps arranged in both grids and transects. In April 2002,
the Service estimated a population size for the KLWR of 200 individuals (Service 2003).
Trapping initiated in January 2002 by McCleery (2003) documented low numbers of KLWRs
and a high mortality rate of radio -collared individuals. McCleery (2003) trapped 60 randomly -
established plots on North Key Largo, and captured 10 individual KLWRs, a capture success rate
of 17 percent. in October 2002, McCleery estimated a population size for the KLWR of less
than 90 individuals (Service 2003).
In 2005, Winchester (2007) conducted live trapping for the KLWR within the CLNWR and the
Dagny Johnson State Botanical Park. Winchester (2007) captured a total of 7 KLWRs on 7 of
40 randomly placed grids, a capture rate of 18 percent.
Potts (2008) also conducted live trapping for the KLWR in North Key Largo. A total of
16 individual KLWR were captured at 137 trapping stations within the CLNWR. Potts (2008)
6
also captured 42 individual KLWR from 152 artificial nest structures located throughout the
CLNWR. In addition, Potts (2008) caught 31 KLWR at the "Nike Missile" site within the
CLNWR, and 13 KLWRs at the Dagny Johnson State Botanical Park. A total of 102 individual
KLWRs were captured during Potts 2008 survey effort. Based on her survey work, Potts
estimated the KLWR population in North Key Largo to be about 300 animals (S. Sneckenberger,
personal communication).
In 2009, Potts (2009) conducted live trapping for the KLWR in North Key Largo. A total of
6 individual KLWRs were captured at 136 trapping stations established within the CLNWR and
Dagny Johnson State Botanical Park. Potts (2009) also captured 42 individual KLWRs from
157 artificial nest structures located throughout the CLNWR. In addition, Potts caught
15 individual KLWRs at the "car dump" and "Harrison Tract" sites within the CLNWR, and
5 individual KLWRs at the "Ocean Forest" and "PP212" sites within the Dagny Johnson State
Botanical Park. A total of 68 individual KLWR were captured during Potts 2009 survey effort.
Potts noted a substantial drop in detectability of male woodrats during her 2009 survey effort and
could not estimate the KLWR population size (S. Sneckenberger, personal communication).
In 2010, Potts conducted additional live trapping for the KLWR in North Key Largo. A total of
2 individual KLWRs were captured at 136 trapping stations established within the CLNWR and
Dagny Johnson State Botanical Park. Potts also captured 6 individual KLWRs from artificial
nest structures located and 13 individuals during opportunistic sampling throughout the CLNWR
(S. Sneckenberger, personal communication). A total of 21 individual KLWRs were captured
during Potts' 2010 survey effort.
Status and distribution
Reasons for Listing: From the early 1950's to the present, the KLWR has lost much of its
hammock habitat due to land clearing for commercial and residential development. The KLWR
was first listed as a threatened species in 1969 under the Endangered Species Conservation Act of
1969. However, this listing only afforded the woodrat protection on Service lands. The KLWR
was listed as endangered on September 21, 1983, through an emergency listing action (Service
1983). The emergency listing was necessary to provide full consideration of the welfare of this
species during a Service consultation with the Rural Electrification Administration. The proposed
action was a construction project that would result in habitat loss. The Key Largo woodrat was
proposed for listing as an endangered species with critical habitat on February 9, 1984 (Service
1984a) and was officially listed as endangered under the Act on August 31, 1984 (Service 1984b).
The proposed critical habitat designation was withdrawn on February 18, 1986 (Service 1986).
Rangewide trend: As discussed above, evidence suggests the population of the KLWR has
decreased significantly over the last 20 to 30 years. Based on the most recent survey information
(Potts 2008, 2009), the current small population size of the KLWR makes the possibility of
extinction of this species more likely.
Due to the threat of extinction of the KLWR, and our lack of understanding on the specific
mechanisms of the observed population decline in the KLWR, the Service began a captive
7
propagation project for the KLWR in April 2002 to augment the wild KLWR population
(Service 2003). The first captive raised KLWRs from the program were introduced into the wild
in February 2010. Specifically, 14 captive -bred KLWRs were released into their native habitat at
CLNWR. The survival rate of these animals has been low. By July 2010, only one of these
animals was known to be alive. Many of. the introduced KLWRs were believed to be killed by
feral cats (C. Alligood, personal communication), and one KLWR was found dead near CR 905 and
may have been hit by a motor vehicle (B. Powell, personal communication). One introduced KLWR
was known to successfully give birth after it was released (C. Alligood, personal communication).
Threats: Habitat loss and degradation have adversely affected the KLWR.* Significant
commercial and residential development in the Keys during the 1960% and 1970s has reduced the
extent of habitat available to the KLWR, and degraded the condition of remaining habitat.
However, the Federal government and State of Florida have protected the majority of the
remaining high quality hammock available for KLWRs on North Key Largo through acquisition
and management. A total of about $65 million has been spent to acquire 2,147 acres of habitat
on North Key Largo. Moreover, the threat of loss and degradation of remaining KLWR habitat
has been significantly diminished with the establishment of the Monroe County's Rate of Growth
Ordinance in the 1990s. Due to these efforts, the threat of significant loss of remaining KLWR
habitat is low.
The presence of exotic animal species on Key Largo also may represent a threat to the KLWR.
Feral and free -roaming domestic cats (Felis catus) are known to occur within the CLNWR and
the Key Largo Hammocks State Botanical Site. Densities of domestic cats appear to be greater
near the residential areas of North Key Largo such as the Ocean Reef, Garden Cove, and the
Ocean Shores developments. Cats are known to prey upon a variety of wildlife species, and
studies indicate that small mammals often compose a large proportion of the diet (Churcher and
Lawton 1989). As indicated above, cats are implicated in the death of introduced KLWRs.
Moreover, domestic cats may hunt even when fed daily by humans (Liberg 1985). In addition to
direct mortality, predators may also have indirect effects on prey species. The risk of predation
may alter the behavior of prey species resulting in reduced growth rates and reproductive output
(Arthur et al. 2004). Consequently, it is likely feral and free -roaming domestic cats are affecting
the KLWR population, but in the absence of specific studies their effects are difficult to quantify.
The Service is attempting to address the problem of cats on North Key Largo and contracted the
U.S. Department of Agriculture's Wildlife Services in 2005 to remove the cats from the
CLNWR. However, because humans continue to release cats in this area, ongoing efforts to
remove cats will be necessary.
Other non-native species occurring on Key Largo that may pose a threat to the KLWR include
the fire ant (,Solenopsis invicta), the Burmese python (Python molurus bivittatus), and the black
rat (Rattus rattus) (Service 2008). The role of fire ants in the ecology of the North Key Largo
hammocks is not specifically known, but predation by fire.ants has substantially affected wildlife
populations in other areas (Killion and Grant 1993). Because the KLWR is a ground nester, it
may be vulnerable to predation by fire ants. The Service has funded a project currently being
conducted by the U.S. Geological Survey (USGS) to detect and control Burmese pythons on Key
Largo using visual surveys and experimental traps (Service 2008). Seven Burmese pythons have
8
been captured in Key Largo since April 2007, and predation of Key Largo woodrats by Burmese
pythons was documented in 2007 (Snow 2008). Finally, black rats have also been established on
Key Largo, and competition from this species may adversely affect the KLWR. The full extent
of the threat from these exotic species is not yet known.
Parasites represent another potential threat to the KLWR because they are known to transmit
viruses, bacteria, and protozoa that result in disease and mortality. These pathogens may also be
carried by other species of mammals and ultimately transmitted to the KLWR. For example, the
roundworm (Baylisascaris procyonis), carried by the raccoon (Procyon lotor), is known to
transmit pathogens to Allegheny woodrats (N. magister) (LoGiudiee 2001). Raccoons are
abundant on North Key Largo. However, to date this species of roundworm has not been
detected in raccoons occurring in this area.
The successional stage of woodrat habitat may affect the abundance of the KLWR. The habitat
preferences of the KLWR are unclear. Mature hammocks were once thought to provide optimal
habitat for the KLWR (Service 2008). � However, recent observations documenting KLWRs
inhabiting refuse piles have challenged this assumption. Therefore, it is possible woodrats may
prefer earlier successional habitats more than originally believed (McCleery, 2003).
Climate change is also an important threat to the KLWR. Sternberg et al. (2007) and Su Yean
Teh et al. (2008) in their assessment of the middle and upper Keys susceptibility to sea level rise
concluded that hammocks characteristic of the upper Florida Keys will ultimately be replaced by
mangrove communities. Worst -case models by Bergh (2009) forecast an 88 percent loss in
hammock vegetation within Key Largo by 2100. Consequently, survival of the KLWR will
likely require resource management intervention or translocation to suitable habitat outside of
North Key Largo.
Analysis of the species/critical habitat likely to be affected
The proposed action has the potential to have temporary adverse effects on the KLWR within the
action area. Potential effects include injury, mortality, disturbance, and habitat loss or
degradation from demolition and restoration of natural grade. However, the long term effects of
the proposed restoration are anticipated to be beneficial.
Critical habitat has not been designated for the KLWR, and will not be affected.
Key Largo cotton mouse
Species/critical habitat description
The KLCM is an island subspecies of the cotton mouse (P. gossypinus), a widespread species in the
southeastern United States. Schwartz (1952) described the KLCM as a medium-sized mouse with
large ears and protuberant eyes. The KLCM has a reddish to dusky brown back and a white
underside. The body length ranges from 6.6 inches to 7.4 inches, the tail length ranges from 2.8 inches
to 3.4 inches, and the hind -foot length ranges from 0.82 inch to 0.90 inch (Service 19").
Z
Critical habitat has not been designated for this species. Therefore, no regulatory description is
provided here.
Life history
Distribution: The KLCM historically inhabited all of the hammock forests from the northern end
of Key Largo southward to Tavernier in Plantation Key. The distribution of the KLCM is now
restricted to Key Largo north of the intersection of U.S. Highway 1 and CR 905, known locally
as North Key Largo (Frank et al. 1997). The Service introduced the KLCM to Lignumvitae Key
in 1970. However, the last recorded sighting was in 1977 (Service 2009). The KLCM was not
observed during a trapping study on Lignumvitae Key in 2007 (Greene 2007) and it appears that
this population no longer exists.
Habita : The KLCM occurs within a variety of habitats including early successional, and mature
hammocks, and Salicomia coastal strands (Humphrey 1992). The species is also known to use
recently burned areas where bracken fern (Preridium aquilinum) dominates the ground cover
(Goodyear 1985). The KLCM builds leaf -lined shelters in logs, tree hollows, rock crevices, or
within or near woodrat nests. The shelter entrances measures 1.2 inches to 3.5 inches in
diameter, and is often partially covered with Ieaves or bark.
Miscellaneous Life History information: The KLCM is an herbivore, its diet consisting of leaves,
buds, seeds, and fruits. Cotton mice breed throughout the year, and produce two to three litters
annually with a mean litter size of four. The KLCM's life expectancy ranges from about 5 months
to 3 years (Service 2009).
Population dynamics
Because efforts to monitor the KLCM population over the last 30 years have been meager, trends
in the population are difficult to ascertain. Barbour and Humphrey (1982) reported a density of
11.5 KLCM per hectare (4.7 KLCM per acre), Humphrey (1988) reported a density of 21.2 KLCM
per hectare (8.6 KLCM per acre), and Frank et al. (1997) reported a density of 6.2 KLCM per
hectare (2.5 KLCM per acre). Castleberry et al. (2008) conducted the most current monitoring
efforts of the KLCM population in North Key Largo in 2007 and estimated a KLCM population
of about 17,000 individuals with an increasing trend in the population based on live trapping
conducted from November to December.
Status and distribution
Reasons for Listing: From the early 1950s to the present, the KLCM has lost much of its
hammock habitat due to land clearing for commercial and residential development.
Consequently, the KLCM was listed as endangered for 240 days on September 21, 1983, through
an emergency listing action (Service 1983). The emergency listing was necessary to provide full
consideration of the welfare of this species during Service consultation on a Federal action
undertaken by the Rural Electrification Administration_ The action consisted of a loan to the
Florida Keys Electric Cooperative for construction of a project that would accelerate loss of
10
KLCM habitat. The KLCM was proposed as endangered with critical habitat on February 9, 1984
(Service 1984a) and was listed as endangered on August 31, 1984 (Service 1984b). The
proposed critical habitat was withdrawn on February 18, 1986 (Service 1986, Service 1999).
Rangwewide trend: The KLCM was formerly distributed throughout Key Largo, but is now
restricted to hammocks on North Key Largo. However, the majority of high quality hammock
habitat available on North Key Largo has been protected through acquisition and is being
managed for conservation by the Service and State of Florida. Because of these efforts and
current land use regulations in place by Monroe County, the threat of occupied habitat loss from
development on North Key Largo is low. A total of 2,498 acres of suitable KLCM habitat
currently occurs in North Key Largo. About 88 percent of this acreage (2,188 acres) is protected
under public ownership.
Threats: A potential serious threat to the KLCM is feral and free -roaming domestic cats. Cats
are known to occur within the CLNWR and the Key Largo Hammocks State Botanical Site.
Densities of domestic cats appear to be greater near the residential areas of North Key Largo
such as Ocean Reef, Garden Cove, and the Ocean Shores developments. Cats are known to prey
upon a variety of wildlife species, and studies indicate that mice often compose a large
proportion of the diet (Churcher and Lawton 1989). Moreover, cats may hunt even when fed
daily by humans (Liberg 1985). In addition to direct mortality, predators such as cats may also
have indirect effects on prey species. The risk of predation may alter the behavior of prey
species resulting in reduced growth rates and reproductive output (Arthur at al. 2004).
Consequently, it is likely that cat predation is affecting the KLCM population. However, in the
absence of specific studies, the effects of cat predation on the KLCM population are difficult to
quantify. The Service is attempting to address the problem of free roaming cats on North Key
Largo and contracted the U.S. Department of Agriculture's Wildlife Services in 2005 to remove
the cats from the CLNWR. However, because humans continue to release cats in this area,
future efforts to remove cats from the area will be necessary.
Other non-native predators, such as fire ants and exotic snakes, also pose a threat to the KLCM
(Service 2009). The role of fire ants in the ecology of the North Key Largo hammocks is not
specifically known. However, fire ants have substantially affected wildlife populations in other
areas (Killion and Grant 1993). Because the KLCM is a ground nester, it may be vulnerable to
predation by fire ants. The exotic Burmese python may also be a significant predator of the
KLCM. The Service has funded a project currently being conducted by the USGS to detect and
control Burmese pythons on Key Largo using visual surveys and experimental traps (Service
2008). Seven Burmese pythons have been captured in Key Largo since April 2007 (Snow 2008).
Finally, black rats have also been established on Key Largo, and competition from this species may
adversely affect the KLCM. The full extent of the threat from these exotic species is not yet known.
In addition to predators, past commercial and residential development in the Keys has reduced
the extent of habitat available to the KLCM, and degraded the condition of remaining habitat.
Brown (1978) and Hersh (1981) attributed the apparent extirpation of this species from Key
Largo south of the U.S. Highway I/CR 905 intersection to land clearing followed by residential
and commercial development. Habitat fragmentation, combined with a decreased range, makes
11
the KLCM more vulnerable to natural catastrophes such as hurricanes and fire (Service 1993).
However, the Federal government and State of Florida have protected the majority of the
remaining high quality hammock habitat available for KLCMs on North Key Largo through
acquisition and management. A total of about $65 million has been spent to acquire 2,147 acres
of hammock habitat on North Key Largo. Moreover, the threat of loss and degradation of
remaining woodrat habitat has been significantly diminished with the establishment of the
Monroe County's Rate of Growth Ordinance in the 1990s. Due to these efforts, the threat of
significant loss of remaining KLCM habitat is low.
Climate change is also considered an important threat to the KLCM. Sternberg et al. (2007) and
Su Yean Teh et al. (2008) in their assessment of the middle and upper keys susceptibility to sea
level rise concluded that hammocks characteristic of the upper Florida Keys will ultimately be
replaced by mangrove communities. Worst -case models by Bergh (2009) forecast an 88 percent
loss in hammock vegetation within Key Largo by 2100. Consequently, in order to survive, the
KLCM will likely require resource management intervention or translocation to suitable habitat
outside of North Key Largo.
Analysis of the speciestcriticai habitat likely to be affected
Although ultimately considered to be beneficial, the proposed restoration action has the potential
to adversely affect the KLCM. The effects on the KLCM will be considered further in the
remaining sections of this BO. Potential effects include injury, mortality, disturbance, and
habitat loss or degradation from demolition and restoration activities.
Critical habitat has not been designated for the KLCM, and, therefore, none will be affected.
Other species in the Action Area
The following species also occur within the Project's Action Area: the endangered Schaus
swallowtail butterfly (Heraclides aristodemus ponceanur), the threatened Stock Island tree snail
(Orthalicus reses rese.$), the endangered American crocodile (Crocodylus acutus), and the
threatened eastern indigo snake (Drymarchon corals cooper:).
The Service notes suitable nesting habitat for the American crocodile will not be affected.
Furthermore, the Schaus swallowtail butterfly and the Stock Island tree snail are not known to
occur in the disturbed areas to be restored. Stock Island tree snails and Schaus swallowtail
butterflies were not documented at the Port Bougainville site during pedestrian surveys
conducted by the DEP's environmental consultant (Service 2010). There has not been a reported
observation of the eastern indigo snake in north Key Largo within the past 10 years (Steve Klett,
personal communication). Therefore, it is unlikely the eastern indigo snake currently uses the
restoration sites.
As discussed below in the section entitled "Reasonable and Prudent Measures," procedures used to
clear and grub the project sites and demolish existing buildings will be designed to minimize the
potential for harm to federally listed species. Therefore, the Service finds the Project is likely to
12
have long term beneficial effects on the American crocodile, eastern indigo snake, Schaus
swallowtail butterfly, and Stock Island tree snail. We concur with the DEP's determination that
this project is not likely to adversely affect these species.
ENVIRONMENTAL BASELINE
The environmental baseline includes the past and present impacts of all Federal, State, and
private actions and other human activities in the action area, the anticipated impacts of all
proposed Federal projects in the action area that have already undergone formal or early section
7 consultation, and the impact of State or private actions, which are contemporaneous with the
consultation in progress.
Status of the Species within the Action Area
Key Largo woodrat and Key Largo cotton mouse
Although the Project sites are disturbed, the Service finds they provide some potential habitat for the
KLWR and the KLCM. Moreover, trapping studies have documented the KLWR and the KLCM in
or near all of the Project sites (Service Geographical Information System (GIS) data 2011).
Factors Affecting the Species' Environment within the Action Area
The action area is located within the geographic range of the KLWR and KLCM. The Project
sites (i.e., the action area) are within a State-owned botanical park that is managed for
conservation. The restoration sites were previously disturbed by development and are largely
cleared of existing vegetation and were previously developed (roads, buildings, etc.).
Climate Change
According to the Intergovernmental Panel on Climate Change Report (IPCC 2007), warming of
the earth's climate is "unequivocal," as is now evident from observations of increases in average
global air and ocean temperatures, widespread melting of snow and ice, and rising sea level. The
IPCC Report (2007) describes changes in natural ecosystems with potential wide -spread effects
on many organisms, including marine mammals and migratorybirds. The potential for rapid
climate change poses a significant challenge for fish and wildlife conservation. Species'
abundance and distribution are dynamic, relative to a variety of factors, including climate. As
climate changes, the abundance and distribution of fish and wildlife will also change. Based on
these findings and other similar studies, the Department of the Tnterior (DOT) requires agencies
under its direction to consider potential climate change effects m part of their long-range
planning activities (Service 2007).
Global climate changes will intuitively affect regional weather, which is also strongly affected by
season and by local effects (e.g., elevation, topography, latitude, proximity to the ocean).
Temperatures are predicted to rise from 2°C to 5°C for North America by the end of this century
(IPCC 2007), affecting rainfall (amount, seasonal timing and distribution), storms (frequency and
intensity), and sea level rise. However, the exact magnitude, direction and distribution of these
changes at the regional level are not well understood or easy to predict. Seasonal change and
13
local geography make prediction of the effects of climate change at any location variable.
Climatic changes in south Florida could amplify current land management challenges involving
habitat fragmentation, urbanization, invasive species, disease, parasites, and water management
(Pearlstine 2008).
Air Tem rpg ature
Current models predict changes in mean global temperature in the range 2 to 4°C (4 to 8°F) by
2100, but how this manifests at the regional and local scale is uncertain. A change of just 2 degrees
can have profound effects, particularly at temperature extremes. For example, in Florida, winter
frost, a 2-degree transition from 33°F to 3IT, greatly affects vegetation. While predicted
changes in average annual temperature appear small, local and seasonal temperature variation
may be greater. It is also important to consider that an increase in global atmospheric
temperature may manifest as an increase or a decrease in local means and extremes. We do not
yet know either the direction or anticipated size of temperature change in Florida, but the
following possibilities should be considered:
• Changes (likely small) in mean annual temperature.
• Greater extremes of temperature in summer (average highs) and winter (average lows).
• More prolonged and seasonally extended frosts.
• Shifts in the distribution of temperature regimes (isotherms, growing zones).
• Changes in the seasonal onset of temperature changes (e.g., earlier spring).
• Changes in the duration of temperature regimes (e.g., longer hot summers).
• Changes in both air and water (lake, river, ocean) temperature.
Most organisms have preferred ranges of temperature and lethal temperature limits they cannot
survive. Many organisms require temperature signals or suitable temperature regimes to
successfully complete life cycle activities such as nesting and winter dormancy. Some organisms
are sensitive to temperature for incubation, sex determination (i.e., reptiles such as sea turtles and
alligators) or seed germination. The dissolved oxygen content of water (affecting fish) and the
water content of vegetation (affecting fire combustion) are temperature -dependent. Some noxious
or undesirable organisms may proliferate under different temperature regimes (e.g., blue green
algae in lakes, exotic species). Changes in temperature will likely affect fish and wildlife resources
in many ways depending on the direction, amount, timing and duration of the changes.
Rainfall
Florida is already very sensitive to variation in rainfall. Well -drained soils, rapid runoff and high
plant transpiration quickly redistribute water available to organisms. Despite a high average
rainfall, much of Florida experiences seasonal drought that profoundly affects fish and wildlife
resources. Florida's rain depends on boat global and regional climate factors (jet stream, El
Nino, frontal progression, storms and hurricanes) and local weather (thunder storms, sea breezes,
lake effects and local circulation) that are likely affected by climate change. The following
factors at the local level should be considered:
• Average annual rainfall (higher or lower).
• Seasonal distribution of rainfall (when rain falls).
14
• Regional distribution of rainfall (where rain falls).
• Intensity (e.g., more severe storm rain, or dispersed "misty" rain).
Rainfall is affected by temperature (changes in evaporation). Rainfall change will likely be
mediated through responses by vegetation and surface water availability (lakes, ponds, rivers,
swamps, wet prairies) on which many organisms depend. In the longer term, changes in
deposition (recharge) to surficial and deep aquifers may affect spring flow. Florida has an
unusually large area of wetland habitats supporting wildlife. If climate change reduces rainfall,
then desertification of much of Florida is possible and -it may come to resemble "desert islands"
such as much of the Bahamas that occur at the same latitude. Rainfall changes could profoundly
affect Florida's fish and wildlife resources.
Storms
One predicted effect of climate change is to increase the frequency and intensity of severe
storms, particularly tropical cyclones (hurricanes). Higher sea temperatures and high atmosphere
conditions generate energy and conditions suitable for storms. There is some controversy on
whether this effect is already discernible against the background of natural variation and cycles
of hurricane occurrence. Hurricanes arc generally detrimental to human interests and cause plant
and animal mortality. However, their effect in natural systems is generally transient. Plants and
animals recover rapidly. Hurricanes have significant secondary, effects, which are not
necessarily negative for wildlife, i.e., remodeling coastal habitat structure (barrier islands,
beaches, salt/freshwater intrusion to marshes and estuaries), renewing plant succession and
replenishing water bodies and aquifers. Hurricane effects will interact with rainfall and sea level
changes, possibly exacerbating coastal flooding. Hurricanes also redistribute organisms,
particularly plants, by spreading seeds and other propagules. The following possibilities at the
local level should be considered:
• Increased storm intensity and frequency.
• More concentrated storm tracks leading to more frequent storm landfall.
• Interaction of surge and sea level affecting coasts and adjacent islands.
• Distribution of invasive species.
Sea Level Rise
All current predictions suggest sea level will rise due to melting of continental and glacial ice
and thermal expansion of the oceans. Florida, with its extensive coastline and low topography is
vulnerable to sea level rise. The magnitude of the predicted rise is currently unknown and
estimates vary from a few centimeters to meters. Modeled predictions using median consensus
sea level rise estimates indicate that significant portions of Florida's coastline will be inundated
and a major redistribution of coastal habitats is likely. However, to put this in context, Florida's
coast currently experiences sea level fluctuations (tides) of 1 to 2 meters (3 to 6 feet) twice daily
and is exposed to storm surges of 3 to 5 meters (9 to 15 feet) during hurricanes. Sea level
changes will be superimposed on these current fluctuations. While these changes would be
disastrous to human structures and activities, the effect on wildlife and its habitat may be less
damaging. In essence, coastal habitats will migrate inland and Florida's flat coastal topography
(a result of previous sea level changes) actually mitigates the effect. Current coastal forests,
15
dunes and beaches will migrate inland and be displaced by marsh, current marsh will become sea
grass, barrier islands will become sandbars and new barrier islands will form. The primary effect
on wildlife will be redistribution, and possibly an increase in some habitats at the expense of
others. Temperature and rainfall effects may redistribute mangroves and coral reefs into an
expanded coastal zone. The hazard to wildlife will arise from efforts to protect human structures
from these changes by dikes, sea walls, dredging, beach nourishment and similar engineering
responses. Changes in temperature regimes in the ocean may cause shifts in distribution of
marine species, and profound, but entirely unpredictable effects may be generated if climate
changes causes large scale change in ocean circulation such as the Florida Current. The
following possibilities at the local level should be considered:
• Transient, but damaging effects on vulnerable coastal species (e.g., beach nesting
shorebirds, sea turtles).
• Redistribution of coastal habitats with disruptions of productivity.
• Sedimentation effects during the transition.
• interactive synergy with other climate effects (e.g., temperature, storm frequency) to
generate unanticipated second order effects.
• Disruption of coastal migration patterns, particularly "passive" migrations of larvae
driven by local water movement effects.
• Secondary effects of protection of human structures.
• Migration zones and corridors available to allow changes in distribution.
To summarize, effects of climate change on wildlife in Florida are likely to be widespread and
profound, and occur over a variety of dimensions and variables. As these effects cannot be
prevented or delayed, a practical response is to identify key areas, species and habitats that are
vulnerable to change and develop strategies to avoid or minimize effects.
Global warming will be a particular challenge for endangered, threatened, and other "at risk"
species. It is difficult to estimate, with any degree of precision, which species will be affected by
climate change or exactly how they will be affected. The Service will use Strategic Habitat
Conservation planning, an adaptive science -driven process that begins with explicit trust
resource population objectives, as the framework for adjusting our management strategies in
response to climate change (Service 2006).
EFFECTS OF THE ACTION
This section analyzes the direct and indirect effects of the Project on the KLWR and the KLCM,
and their habitat.
Factors to be Considered
This restoration project will occur within habitat suitable for the KLWR and the KLCM. Critical
Habitat has not been designated for these species. The timing of the restoration, relative to
sensitive periods of the KLWR's and KLCM's life cycles, is unknown. The KLWR and the
KLCM may be found within and adjacent to the proposed restoration footprints year-round. The
Project will result in the restoration of 19.07 acres of KLWR and the KLCM habitat. The time
16
required to complete the restoration is not known, but it is likely the removal of existing
development will be completed within a few months. It will take several years for complete
natural revegetation to occur. The initial disturbance associated with the Project will be temporary.
Analyses for effects of the action
Beneficial Effects - Beneficial effects are those effects of the proposed action that are wholly
positive, without any adverse effects to the listed species or its critical habitat. The Project will
result in the restoration of 19.07 acres of KLWR and the KLCM habitat.
Direct Effects - Direct effects are those effects that are caused by the proposed action, at the time
of construction, and are reasonably certain to occur. The direct effects that this project will have
on the KLWR and KLCM within the action area are discussed below.
The restoration activities and temporary habitat loss during clearing and removal of structures,
fill, and roads may result in take of the KLWR and the KLCM. The probability of incidental
take is dependent upon the number of KLWRs and KLCMs in the area, their dispersal abilities,
and the amount and distribution of available, suitable habitat. With proper safeguards in place
during construction, the probability of direct mortality of the KLWR and the KLCM as a result
of construction activities is low. However, the proposed action will directly result in the
temporary loss of 19.07 acres of potentially suitable habitat, some of which may provide limited
foraging and breeding habitat for KLWRs and KLCMs. As indicated above, a total of 2,498 acres
of suitable KLWR and KLCM habitat currently occurs in North Key Largo. Therefore, the
Project will result in temporary impacts to less than 0.5 percent of the geographic range of these
species, and much of that 0.5 percent is currently concrete, asphalt or road beds.
The restoration will result in increased human activity (e.g., equipment, construction personnel,
surveys, replanting, etc.). The increase in human activity could cause the KLWR and the KLCM
to avoid using existing adjacent habitat, resulting in additional temporary habitat loss. However,
KLWRs and KLCMs present adjacent to the restoration activities could acclimate to the human
activities and not abandon adjacent habitat.
Interrelated and Interdependent Actions - An interrelated activity is an activity that is part of the
proposed action and depends on the proposed action for. its justification. An interdependent
activity is an activity that does not have independent utility apart from the action under
consultation. Interrelated or interdependent actions are not expected to result from the Project.
Indirect Effects - Indirect effects are caused by or result from the proposed action, are later in
time, and are reasonably certain to occur. Indirect effects may occur outside the area directly
affected by the action. indirect effects may include other Federal actions that have not
undergone section 7 consultation, but will result from the action under consideration.
The indirect effects of the restoration are expected to be beneficial, resulting in restoration of
19.07 acres of hammock to its natural condition. Additional high quality habitat will be created
and existing access to the sites will be more restricted following restoration. Invasive, exotic
plant removal will continue after initial clearing and is beneficial.
17
CUMULATIVE EFFECTS
Cumulative effects include the effects of future State, tribal, local, or private actions that are
reasonably certain to occur in the action area considered in this BO. Future Federal actions
unrelated to the proposed action are not considered in this section because they require separate
consultation pursuant to section 7 of the Act. Future restoration projects are anticipated to occur
in or near the action area and their long term effects should be beneficial. These restoration
projects are likely to be consulted on by the Service; and, therefore, are not considered as
cumulative effects.
CONCLUSION
After reviewing the current status of the KLWR and KLCM, the environmental baseline for the
action area, the effects of the proposed action, and the cumulative effects, it is the Service's
biological opinion that the Project, as proposed, is not likely to jeopardize the continued
existence of the KLWR or the KLCM.
The Project will result in the restoration of 19.07 acres of KLWR and KLCM habitat. The
restoration is expected to benefit the overall survival and recovery of the KLWR and KLCM.
Critical habitat has not been designated for the KLWR and KLCM. Therefore, critical habitat
will not be affected.
INCIDENTAL TAKE STATEMENT
Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take
of endangered and threatened species, respectively, without special exemption. Take is defined
as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to
engage in any such conduct. Harm is further defined by the Service to include significant habitat
modification or degradation that results in death or injury to listed species by significantly
impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is
defined by the Service as intentional or negligent actions that create the likelihood of injury to
listed species to Such an extent as to significantly disrupt normal behavior patterns which
include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take
that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to, and not
intended as part of the agency action, is not considered to be prohibited taking under the Act
provided such taking is in compliance with the terms and conditions of this incidental take
statement.
The terms and conditions described below are nondiscretionary and must be undertaken by the
DEP so they become binding conditions of any grant or permit issued to the DEP, as appropriate,
for the exemption in section 7(o)(2) to apply. The DEP has a continuing duty to regulate the
activity covered by this incidental take statement. If the DEP (1) fails to assume and implement
the terms and conditions or (2) fails to require DEP to adhere to the terms and conditions of the
incidental take statement through enforceable terms that are added to the permit or grant
18
document, the protection coverage of section 7(o)(2) may lapse. In order to monitor the impact
of incidental take, the DEP, must report the progress of the action and its impact on the species to
the Service as specified in the incidental take statement [50 CFR § 402.14(i)(3)).
AMOUNT OR EXTENT OF TAKE .ANTICIPATED
The Service has reviewed the biological information for the KLWR and KLCM, information
presented by the applicant's consultant, and other available information relevant to this action.
The Service anticipates incidental take of one KLWR and one KLCM that could be killed during
debris removal, or during trapping. Incidental take of three KLWRs and KLCMs in the form of
harm and harassment is also anticipated from the action. Temporary harm (i.e., habitat loss) to
the KLWR and KLCM will result from the construction activities to restore 19.07 acres of
habitat. Harassment of the KLWR and KLCM is anticipated in the form of disturbance resulting
from the removal of debris, restoring natural grade, and trapping.
The Service has determined this level of anticipated take is not likely to result in jeopardy to
these species. If, during the course of this action, this level of take is exceeded, such take would
represent new information requiring review of the reasonable and prudent measures provided.
All work should stop and the reasonable and prudent measures must be modified immediately.
EFFECT OF THE TAKE
In this Biological Opinion, the Service determined this level of anticipated take is not likely to
result in jeopardy to the KLWR or KLCM. No critical habitat has been designated for either of
these species; therefore, none will be destroyed or adversely modified.
REASONABLE AND PRUDENT MEASURES
When providing an incidental take statement, the Service is required to give reasonable and
prudent measures it considers necessary or appropriate to minimize the take along with terms and
conditions that must be complied with to implement the reasonable and prudent measures.
Furthermore, the Service must also specify procedures to be used to handle or dispose of any
individuals taken. The Service believes the following reasonable and prudent measures are
necessary and appropriate to reduce take and to minimize the direct and indirect effects of the
Project on the KLWR and KLCM:
1. Further minimize the adverse effects of the action to the KLWR and KLCM and other
species through avoidance of certain areas (as described in the Terms and Conditions,
below), use of appropriate land clearing techniques and planting appropriate native species.
2. Evaluate the success of the restoration plan through appropriate monitoring.
3. Minimize the adverse effects of feral animal predation on the KLWR and KLCM
19
TERMS AND CONDITIONS
To implement the above reasonable and prudent measures, the Service has outlined the following
terns and conditions. In accordance with the Interagency Cooperation Regulation (50 CFR 402),
these terms and conditions must be complied with to implement the reasonable and prudent measures:
1 a. DEP will not restore 0.15 acre of emerging hammock at the Port Bougainville Site
marked as "Fill Area" in Figure 2.
I b. Land clearing, removal of abandoned buildings and construction activities will not
commence until trapping for presence of KLWR and KLCM has been completed at each
restoration site. If presence is documented, the Service will be contacted to delineate
areas that will be avoided.
lc. Procedures used to clear and grub the proposed sites will be designed to minimize the
potential for harm to the KLWR and KLCM. Stands of existing hammock vegetation
will be avoided if possible. The sites will be cleared of vegetation by workers using
chain saws. All cut vegetation will be removed daily, and piles or other accumulations of
vegetation will not be allowed to remain overnight. Following site clearing, existing
abandoned buildings, sheds, roads, courts, etc. will be demolishers using a hand-held or
equipment -mounted pneumatic or hydraulic jackhammer where feasible. The gradual
demolition of concrete structures will allow any KLWRs and KLCMs hiding in or under
the existing structures to leave the project site, while minimizing potential injuries. Once
the buildings and sheds have been demolished, the debris will be removed from the site
immediately. Storage of demolition debris will not occur on the project site. A qualified
biologist with documented experience identifying and handling the KLWR and the
KLCM (as described in Term and Condition 2b) will be on site during the debris
removal, vegetation clearing and building demolition. If a living KLWR or KLCM is
encountered during land clearing or demolition, all work will immediately stop and the
animal will be allowed to leave the area under its own volition. Land clearing and
demolition work will not resume until the animal has left the project site. If a dead
KLWR or KLCM is encountered during land clearing or demolition, all work will
immediately stop, the animal will be left in situ. The original material surrounding it will
be immediately returned to its original configuration to the maximum extent practicable.
The Service will then be contacted (see 4, below) for further instructions. Demolition or
debris removal will not resume until authorized by the Service. All KLCMs or KLWRs
observed will be recorded and this information will be provided to the Service within
10 business days of completion of land clearing and demolition.
Id. DEP will consult with the Service on the removal of any existing debris piles that are not
removed by hand.
I e. DEP will avoid disturbance of any stick or other pile nests, and contact the Service if any
are encountered.
20
I f. Native hammock species planted at the "Restaurant & Tunnel" location will include
pigeon plum (Coccoloha diversifoiia), wild coffee (Psychotria nervosa), torchwood
(Amyris elemifera) and wild lime (Zanthoxylum fagara).
2a. Live trapping for KLWR and KLCM will be conducted, at a minimum, at the sites at 5 and
10 years after the restoration is completed to evaluate the success of the restoration. All
trapping procedures will follow the Service's protocol for small mammal surveys. The
following information will be recorded for each KLWR or KLCM captured during the
trapping: GPS location; the species of the each animal captured; the date each animal
was captured; the location of each animal captured; the sex, approximate age, and mass
(in grams) of each animal captured; and any other noteworthy observations. All KLWRs
and KLCMs captured will immediately be released unharmed at the trap site following
the recording of data. Any other threatened and endangered species encountered within
the project footprint will be recorded. Black rats captured during the live -trapping event
will be euthanized humanely. The date and GPS location of each black rat captured as
well as standard biological data will be recorded. A summary report will be provided to
Service within 30 days of completion of the initial live trapping activities.
2b. Experienced biologists are necessary to minimize take during the live -trapping and
monitoring of the KLWR and the KLCM specified in Term and Conditions lb, lc, Id,
le and 2a. Qualifications include education, experience with required techniques, and
knowledge of the specific species being evaluated. The Service will provide an email to
the individual(s) conducting these actions that provides their name, the location and date(s)
of the action, methodology, and any special conditions associated with the event. The
recipient, when conducting the authorizations, shall carry a copy of the email at all times.
The Service authorizes the following qualified individuals to safely capture and handle
the KLWR and KLCM to implement the Reasonable Prudent Measures and Terms and
Conditions of this BO:
Dr. Philip Frank, Terramar Environmental Services Incorporated, Sugarloaf Key, Florida
33042
Ms. Nadia Spencer, Post Office Box 726, Key Largo Florida, 33037
This action is in accordance with the exemptions afforded under the Biological Opinion's
Incidental Take Statement as a requirement to minimize the anticipated take to Iisted
species. Other qualified individuals and/or species may be considered by the Service if
deemed appropriate.
3a. Control feral and free -ranging domestic cats on the project sites in perpetuity, and educate
the public about the harm to the KLWR, KLCM, and other native wildlife species that
results when domestic cats are allowed to roam freely or are released into the wild.
Upon locating a dead KLWR or KLCM specimen, initial immediate notification must be made to
the nearest Service Law Enforcement Office (10426 NW 31st Terrace, Miami, Florida 33172;
21
305-526-2610; 305-526-2610). Secondary notification should be made to the FWC (South
Region, 8535 Northlake Boulevard West Palm Beach, Florida 33412; 561-625-5122). Care must
be taken in handling any dead specimens of proposed or listed species found in the project area
to preserve the specimen or its remains in the best possible condition. In conjunction with the
preservation of any dead specimens, the finder has the responsibility to ensure evidence intrinsic
to determining the cause of death of the specimen is not unnecessarily disturbed. The finding of
dead specimens does not imply enforcement proceedings pursuant to the Act. The reporting of
dead specimens is required to enable the Service to determine if take is reached or exceeded and
to ensure the terms and conditions are appropriate and effective.
CONSERVATION RECOMMENDATIONS
Section 7(a)( I) of the Act directs Federal agencies to utilize their authorities to further the
purposes of the Act by carrying out conservation programs for the benefit of endangered and
threatened species. Conservation recommendations are discretionary agency activities to
minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to
help implement recovery plans, or to develop information. The Service is not proposing any
conservation recommendations at this time.
REINITIATION - CLOSING STATEMENT
This concludes formal consultation on the Project. As provided in 50 CFR Section 402.16,
reinitiation of formal consultation is required when discretionary Federal agency involvement or
control over the action has been retained and if: (1) the amount or extent of incidental take is
exceeded; (2) the agency action is subsequently modified in a manner that causes an effect to a
listed species or critical habitat not considered in this opinion; (3) new information reveals
effects of the agency action that may affect listed species or critical habitat in a manner or to an
extent not considered in this opinion; or (4) a new species is listed or critical habitat designated
that may be affected by the action. In instances where the amount or extent of incidental take is
exceeded, any operations causing such take must cease pending reinitiation.
Thank you for your cooperation in the effort to conserve fish and wildlife resources. If you have
any questions regarding this project, please contact Winston Hobgood at 772-469-4306.
Enclosure
Sincerely yours,
1XI-441e,
- L-A?�
Donald R. Progulsk
Acting Field Supervisor
South Florida Ecological Services Office
22
EXHIBIT B
CONTRACT BETWEEN MONROE COUNTY and METRIC ENGINEERING, INC.
Scope of Work — March 24, 2013
North Key Largo Restoration Project— Project Manager
The purpose of the North Key Largo Restoration Project ("Project") is to restore native upland habitat
within Dagny Johnson Key Largo Hammock State Park ("Park"), in North Key Largo, by removing
abandoned structures, fill, asphalt roads and parking lots. The Project consists of restoration work at
three separate locations within the Park, listed below:
Site A: Port Bougainville Site
Site B: Nike Radar Site
Site C: Old Roads Site
All sites will be restored to natural elevations and then planted with appropriate native tree species. All
sites may or may not be completed, based on available funding.
The Project Manager ("PM") will monitor and inspect the work of contractors working on the Project.
The selected PM will be responsible for managing all aspects of the Project including, but not limited to,
preparation of bid documents, acquiring necessary permits, coordination with contractors, and daily
Project monitoring and inspections. The contractors on this Project will include a demolition contractor,
an asbestos abatement contractor, a consulting biologist and a landscape contractor. The PM will
coordinate with and report to the Monroe County Land Steward and the Park Manager and Park
Biologist of John Pennekamp Coral Reef State Park ("Park staff') on all aspects of the Project.
The site is extremely environmentally sensitive and will require careful monitoring and inspections to
verify that the surrounding area or endangered species are not negatively impacted by the Project. The
PM should be familiar with Keys' species and habitats. Please see the attached document "North Key
Largo Restoration Project" for more information related to the Project (Exhibit "A").
General Specifications:
1. The PM will finalize the "Scopes of Work" for the demolition contractor, the asbestos abatement
contractor, the consulting biologist and the landscape contractor.
2. The PM will prepare the bid documents, in accordance with Monroe County requirements,
including all addenda, for contractors listed under # 1(above).
3. The PM will organize and attend pre -bid meetings for both the demolition contractor and the
asbestos abatement contractor and will prepare meeting minutes for both. These meetings will
be held on site (North Key Largo). Minutes shall be submitted to the Monroe County Land
Steward within three (3) business days of the meeting.
4. The PM will organize and attend the selection committee meeting (in Marathon) for the
demolition contractor and will prepare meeting minutes. Minutes shall be submitted to the
Monroe County Land Steward within three (3) business days of the meeting.
5. The PM will ensure that all necessary permits have been obtained for the Project. This will
include coordination with the contractors, Park staff, the County and other appropriate
regulatory agencies. The PM is not responsible for payment of any permit fees.
6. The PM will review the US Fish & Wildlife Service's (USFWS) Biological Opinion (Attachment 2)
and ensure that all aspects of the Project comply with its requirements.
7. Upon commencement of the Project, the PM shall provide daily management, monitoring and
inspections of the Project.
8. The PM will coordinate the scheduling of all contractors working on the Project.
9. The PM will verify that the contractors are complying with the requirements of their respective
contracts.
10. The PM will open the locked gates for contractors in the morning and will lock the gates at the
end of the workday.
11. The PM will be on -site, monitoring and inspecting the Project, while contractors are working.
However, the PM will not be required to be present (on -site) during the live -trapping event
conducted by the consulting biologist.
12. The PM will verify that all work is completed in an environmentally sensitive manner and will
coordinate with Park staff prior to trimming, clearing, or cutting vegetation needed for
equipment access and/or building and roadway removal.
13. The PM will verify that all work is accomplished in a manner consistent with all County, State
and Federal codes and regulations and environmental standards.
14. The PM will provide daily progress reports (via email) to the Monroe County Land Steward and
Park staff.
15. If any problems or issues arise, the PM will immediately contact (via phone) the Monroe County
Land Steward and Park staff
16. The PM will attend any inspections conducted by regulatory agencies and will notify the Monroe
County Land Steward and Park staff of meeting times and dates.
17. The PM will prepare a Final Project Summary Report, documenting Project costs, work
completed and acres of habitat restored. The report shall include "before" and "after" photos
of the Project sites.
18. For all identified issues of contractor noncompliance with permit conditions, contract
requirements, construction plans and other governing documents, the PM will promptly report
the issue to the Land Steward and coordinate remedial actions required for the contractor to
remedy the noncompliance issue.
The PROJECT MANAGER shall be paid upon completion of the following phases, as indicated in the table
below. The corresponding percentage of the contract sum indicated in the table shall be paid upon
completion of each phase. There are no reimbursable expenses. The County may require the phases
listed below to be done in any order in consultation with the PROJECT MANAGER.
There are no reimbursable expenses.
Phase
Description
% Total
Time On -
Project
site
(maximum)
1
Preparation of scopes of work and bid documents for other
5%
NA
contractors, including any addenda
2
Permit coordination, attendance at pre -bid meetings (2) and
5%
NA
preparation of minutes and any other addenda which result from
pre -bid meeting or RFP process
3
On -site management & coordination for Port Bougainville
20%
15 weeks
restoration
4
On -site management & coordination for Nike Radar site asbestos
15%
8 weeks
abatement
5
On -site management & coordination for Nike Radar site restoration
20%
15 weeks
6
On -site management & coordination for Old Roads restoration
20%
3 weeks
7
On -site management & coordination for native planting at Port
Bougainville
5%
2 weeks
8
On -site management & coordination for native planting at Nike
Radar site
5%
2 weeks
9
Preparation of Final Project Summary Report
5%
NA
To the maximum extent practicable, the Phases involving on -site management in the Table above
(Phases 3-8) will be performed concurrently. The total combined construction schedule for these phases
is not expected to exceed 18 weeks of on -site management by the Project Manager.