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Item C11 C.11 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: C.11 Agenda Item Summary #8416 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427 N/A AGENDA ITEM WORDING: Approval of Fifth Amendment to Agreement for the Higgs Beach Road Relocation Project with T.Y. Lin International for additional services required to complete the federal conversion process resulting from the award of a previous Land and Water Conservation Fund (LWCF). This amendment is an increase of$29,110.00 to the agreement and is funded by the one-cent infrastructure tax. ITEM BACKGROUND: Monroe County is currently in the process of redesigning and redeveloping the Higgs Beach Park including relocating Atlantic Blvd. A Federal Conversion of Use process is needed to satisfy the requirements of the Land and Water Conservation Fund (LWCF) grant awarded to Monroe County for improvements at Higgs Beach Park in 1983. As part of the conversion process the State of Florida, Division of Historical Resources is requiring additional Ground Penetrating Radar(GPR)work to be performed in areas of the park which are believed to be archaeologically significant including human burials associated with the African Cemetery. PREVIOUS RELEVANT BOCC ACTION: August 20, 2014, BOCC approved an Agreement with T.Y. Lin International for the Relocation of Atlantic Boulevard. March 18, 2015, BOCC approved Amendment 1 for relocation of the existing dog park, development of new pedestrian connections south of the relocated roadway, replenishment of the beach sand, and relocation of the racquetball court and squash court. October 21, 2015, BOCC approved Amendment 2 for a revised scope that ensures consistency with the Higgs Beach Master Plan documents. January 18, 2017, BOCC approved Amendment 3 to remove the Higgs Beach sand replenishment services and add Arborist services. June 21, 2017, BOCC approved Amendment 4 to add services required to complete the federal conversion of use process and hire an arborist to assist with a landscape buffer. CONTRACT/AGREEMENT CHANGES: Adds additional Ground Penetrating Radar (GPR) and archaeological fieldwork as required by the State of Florida, Division of Historial Resources (DHR) Packet Pg.493 C.11 STAFF RECOMMENDATION: Approval of 5th Amendment DOCUMENTATION: Amend. 45_Higgs Beach Atlantic Blvd_T.Y. Lin ty lin signed Agreement+ Amends 1-4—Relocate Higgs Beach Access Rd. FINANCIAL IMPACT: Effective Date: 7/21/2021 Expiration Date: TBD Total Dollar Value of Contract: $675,452.70 (total w/ amendments 1-5) Total Cost to County: $675,452.70 Current Year Portion: $29,110.00 Budgeted: Yes Source of Funds: 304-25000-560620-CC1402 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: Original Agreement: $376,803.70; 1st Amend: $149,987.00; 2nd Amend: 48,918.00; 3`'d Amend: ($15,551.00); 4th Amend: $86,185.00; 5th Amend: $29,110.00 304-25000-560620-CC 1402 07/21/21 304-25000 - CULTURE & RECREATION PRO $29,110.00 CC 1402 REVIEWED BY: Joseph DiNovo Completed 06/25/2021 4:25 PM Cary Knight Completed 07/01/2021 3:55 PM Kevin Wilson Completed 07/02/2021 10:13 AM Purchasing Completed 07/02/2021 10:24 AM Budget and Finance Completed 07/02/2021 12:44 PM Maria Slavik Completed 07/02/2021 1:02 PM Liz Yongue Completed 07/02/2021 2:52 PM Board of County Commissioners Pending 07/21/2021 9:00 AM Packet Pg.494 C.11.a FIFTH Amendment to AGREEMENT for Professional Services Between Monroe County and T.Y. Lin International for the Atlantic Boulevard Road Relocation Project This Fifth Amendment to the Agreement (hereinafter, "Amendment"), between Owner and Engineer for the Design and Permitting Services for the Relocation of Atlantic Boulevard, entered into between MONROE COUNTY ("County") and T.Y.LIN INTERNATIONAL ("Consultant") is made and entered into this 21st day of July 2021, in order to amend the Agreement as follows: �t Witnesseth WHEREAS, on August 20, 2014, the parties entered into an Agreement for the design and permitting of the relocation of Atlantic Boulevard at Higgs Beach in Key West, Florida; and �t 0 WHEREAS, on March 18, 2015, a lst Amendment to Contract was entered into increasing the o scope of services to include the relocation of the existing dog park,development of new pedestrian connections south of the relocated roadway, replenishment of the beach sand and relocatation of the racquetball court and squash court; and .� WHEREAS, on October 21, 2015, a 2nd Amendment was entered into outlining a revised scope of � work due to inconsistencies with the approved Higgs Beach Master Plan documents and the previously submitted 60% design; and WHEREAS, on January 18, 2017, a 3rd Amendment was entered into for the removal of the Higgs Beach Sand Replenishment Services and the addition of Arborist Services regarding P g g � approximately 498 trees affected by the Relocation of the Atlantic Boulevard Project; and WHEREAS, on June 21, 2017, a 4th Amendment was entered into for the addition of professional services to complete the 6F Conversion of Use process necessary to satisfy the requirements of the 1983 Land and Water Conservation Fund (LWCF) grant that was awarded to Monroe County and to provide additional landscaping design for a buffer along Casa Marina Court and White Street; andLO i WHEREAS, as part of the 6F Conversion of Use process, the Florida State Division of Historical -� Resources (DHR) reviewed the project and determined that the proposed project has the potential E to adversely affect significant historical and archaeological resources, including human burials associated with the African Cemetery at Higgs Beach which necessitates additional professional services to provide required information to DHR. Page 1 of 3 Packet Pg.495 C.11.a NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and Consultant agree as follows: 1) Consultant shall provide additional professional services recommended by DHR including additional ground penetrating radar (GPR) and archaeological fieldwork within the project's Area of Potential Effect (APE) and a detailed and sensitive plan based on the comprehensive results of the archaeological work conducted within the APE to implement any necessary avoidance, minimization, or mitigation measures. Scope of Services shall �t include the following: • Consultant will coordinate and assist in the GPR study field work and reporting. • Subconsultant, GeoView will expand their GPR study to support the Historical and C Archaeological study as requested by DHR. As part of the original contract and o Amendment 4, Geoview proposed a GPR study that included the suspected burial sites and areas not included in the initial GPR study. These Additional Services will only cover the incremental scope and updated costs to expand the study area to the project's APE as shown in Attachment A. -� • The geophysical investigation will be conducted in four Phases (Phase I,Phase II,Phase III and Phase IV). Phase I consists of approximately 1 acre, Phase II consists of approximately 0.28 acres, Phase III consists of approximately 0.5 acres, and Phase IVY, consists of approximately 0.8 acres. These Phases will be completed in grass covered and bare ground areas where a previous grave study was not completed. • The geophysical survey will be conducted within the specified survey area using ground penetrating radar (GPR). The GPR survey will be conducted using either a Mala GPR system with a 500 Mega-Hertz (MHz) antenna or a GSSI GPR system with a 400 MHz antenna. Initial GPR tests will be performed over marked or known gravesites in order to provide a solid baseline by which to compare to the GPR data. • The GPR survey will be conducted along a system of parallel orientated transects spaced 1 ft to 2 ft apart. Within suspected areas, or areas that show multiple suspected GPR anomalies, additional GPR transects may be performed to further characterize the anomalies. The GPR transects will be orientated so they are perpendicular to the long LO axis of the suspected targets. The GPR data will be processed using 3-D analysis software to provide three-dimensional time slices that will show the plan view location of the suspect features as a function of depth. Through this 3-D analysis of the GPR data E it will be possible to readily determine both the plan view geometry and depth range of any anomalous area. a • Depending on satellite coverage in the area, GPS coordinates will be collected while running the GPR survey lines or GPS points will be recorded at the survey grid corners. The resultant GPS start/stop coordinates and GPR Survey mapping will be incorporated Page 2 of 3 Packet Pg.496 C.11.a onto the current CAD drawings of the proposed Higgs Beach Park Access Road (Atlantic Blvd.) realignment project. • A qualified Senior Archaeologist will review the GPR scans in accordance with the DHR and Section 9J-2.043 and Chapter 1 A-46, to identify, to the extent possible, LO potential human burials and graves. • The results from the geophysical investigation will be presented in a final report. The final report will include a description of the project site,a discussion of the GPR method and a presentation of results. The final report will include a scaled AutoCAD map showing any suspected gravesites or other anomalies and any pertinent landmarks. 2) In accordance with the Agreement dated August 20, 2014, Article VII, 7.1.1, the County shall pay the Consultant monthly in current funds for a percent complete for each phase of the Consultant's performance a lump sum fee of Twenty-Nine Thousand One Hundred Ten and 00/100 Dollars ($29,110.00). c 3) In all other respects, the original Contract dated August 20, 2014, as amended on March 18, 2015, October 21, 2015, January 18, 2017, and June 21, 2017, remains unchanged. IN WITNESS WHEREOF, each party causes this Fifth Amendment to the Agreement to be executed by its duly authorized representative on the day and year first written above. (SEAL) i Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA i By: By: As Deputy Clerk Mayor/Chairman 2 MONROE COUNTY ATTORNEYS OFFICE Date ROVED AS TO FORM N ST COUNTYATTORNEY — (Seal) i Attest: DATE: -�� 202I_ LO s � Witness to Consultant. CONSULTANT: T.Y. LI N I RN I ONAL By: By: 6anL15 . Title: Title; J. Page 3 of 3 Packet Pg.497 'PAI 314UL314V 10 U014B3018U) POUBIS U11 R 1 a,,a —Pnl 314UL-14V 143BO13 ' — `PUOW :4u8ua 3 }} U a CL i�sa H Z W � n Nk lee y F T # fj ri of p fii+ �t i\a s sage' W 60 .Pnl 314UL314V 10 U014B3018U) POUBIS Ull R l a,,a —Pnl 314UL-14V 143BO13 ' — `PUOW :4u8ua 3 }} R U a CL � r $ C1lo rya �4 Wt { 4j9 r � rs it'd- ,a 4r a 17 s s: Mr+ PLO • �r th W � r rw i