5th Amendment 07/21/2021 ; Kevin Madok, CPA
`� Clerk of the Circuit Court& Comptroller—Monroe County, Florida
r
DATE: July 26, 2021
TO: Breanne Erickson
Project Management
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21'BOCC Meeting
Attached, for your handling, is an electronic copy of item C11, 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.
Should you have any questions, please feel free to contact me at extension 3550.
cc:
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33071
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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 21'day of July 2021, in order to amend the Agreement as follows:
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
WHEREAS, on March 18, 2015, a 1" Amendment to Contract was entered into increasing the
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 2n°Amendment was entered into outlining a revised scope of
work due to inconsistencies with the approved Higgs Beach Master Plan documents and the
previously submitted 60%design; and
WHEREAS,on January 18, 2017, a 3'Amendment was entered into for the removal of the Higgs
Beach Sand Replenishment Services and the addition of Arborist Services regarding
approximately 498 trees affected by the Relocation of the Atlantic Boulevard Project; and
WHEREAS, 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;
and
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
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
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
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
Archaeological study as requested by DHR. As part of the original contract and
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
❑I and Phase IV). Phase I consists of approximately I acre, Phase II consists of
approximately 0.28 acres, Phase III consists of approximately 0.5 acres, and Phase IV
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
axis of the suspected targets. The GPR data will be processed using 3-D analysis
software to provide three-dimensional time slices that will show the plan view location
-- _ of the suspect features as a function of depth.Through this 3-D analysis of the GPR data
it will be possible to readily determine both the plan view geometry and depth range of
any anomalous area.
• 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
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 IA-46, to identify, to the extent possible,
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).
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)
Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE CO t'19R'IiTir-- .
By: 61 A 11A c% VJ1 ? By:
As eputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEYS OFFICE
Date: V�,ti�,y�� �" � APPROVED AS TO FORM
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(Seal) STANTCOUNTYAITORNEY
Attest t DATE: 6-19-9091
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Witness to Con_s4� �T�i CONSULTANT:T.Y. LI NT IONAL
1111
By: ilb, ,/ i ���VMIt. �/ By: IC ands , Alan:-
Title: l to Title: kits- L 44..1
Page 3 of 3
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