Loading...
Item R01 s R.1 y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS County of Monroe , Mayor Michelle Coldiron,District 2 �� {sJ ` °' 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 August 18, 2021 Agenda Item Number: R.1 Agenda Item Summary #8574 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick(30) 292-4339 N/A AGENDA ITEM WORDING: Approval of a Second Amendment to Task Order with T.Y. Lin International in a not to exceed amount of $280,007.00 for additional professional services as required by the various permitting agencies, including sea turtle and shorebird monitoring during construction and post-construction biological monitoring for the Clarence Higgs Beach Sand Replenishment Project to be paid by Tourist Development Council Grant 41759. ITEM BACKGROUND: Clarence Higgs Beach in Key West has been eroded over the years due to cumulative storm impacts. The nourishment will be performed using sand trucked from an approved upland borrow site and placed above and below mean high water. A Task Order was issued to T.Y. Lin International to complete drawings, specifications, agency coordination/permitting, cost estimate/contractor coordination, construction phase services, benthic survey, and geotechnical analysis for FDEP sand compatibility for the repair of the beach in December 2016. Due to the delay in the permitting process, another Task Order was issued to T.Y. Lin International in June 2020, to develop a monitoring plan, as required by Florida Keys National Marine Sanctuary (FKNMS) and Florida Dept. of Environmental Protection (FDEP) for additional coordination/permitting, pre-construction monitoring, and topography for Mean High Water Line (MHWL). A First Amendment to the Task Order was approved in September 2020, which added the services of a monitoring specialist during construction and one additional preconstruction survey to the scope of work as required by the various permitting agencies. This Second Amendment to the Task Order adds sea turtle and shorebird monitoring during construction, post-construction biological monitoring for two (2) years, development of a Derelict Lobster Trap Removal plan, establishing and recording of the Erosion Control Line, and coordination with the Army Corps of Engineers (ACOE) as required by all the various permitting agencies. PREVIOUS RELEVANT BOCC ACTION: Packet Pg. 1987 R.1 7/26/16 BOCC approved project via TDC grant. 9/16/20 BOCC approved First Amendment to Task Order which added on-site biological monitoring and another survey per permitting requirements. (Original Task Order was less than $50k and approved by County Administrator in June 2020) CONTRACT/AGREEMENT CHANGES: Additional serivices for permitting requirements and post construction monitoring STAFF RECOMMENDATION: Approval of Second Amendment DOCUMENTATION: Second Amendment_TYLin_Higgs Sand (final legal stamped) Task Order+Amend TY Lin EXEC 6.19.20 FINANCIAL IMPACT: Effective Date: 8/18/2021 Expiration Date: Two (2)years post construction (monitoring requirements) Total Dollar Value of Contract: $406,515.00 Total Cost to County: $0.00 Current Year Portion: $100,000.00 Budgeted: Yes Source of Funds: 117-77040-530340-TM77904A-530340 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: TDC County Match: No Insurance Required: Yes Additional Details: Original Task Order - $49,938.00; First Amendment- $76,570.00; Second Amendment- $280,007.00 for a total of$406,515.00. 117-77040-530340-TM77904A-530340 08/18/21 117-77040 - TDC BRICKS & MORTAR 117 $280,007.00 TM77904A REVIEWED BY: Cary Knight Completed 08/05/2021 9:33 AM Kevin Wilson Completed 08/05/2021 11:48 AM Patricia Eables Completed 08/05/2021 12:49 PM Purchasing Completed 08/05/2021 12:51 PM Packet Pg. 1988 R.1 Budget and Finance Completed 08/05/2021 3:17 PM Maria Slavik Completed 08/05/2021 7:47 PM Liz Yongue Completed 08/06/2021 9:10 AM Board of County Commissioners Pending 08/18/2021 9:00 AM Packet Pg. 1989 R.1.a SECOND AMENDMENT TO TASK ORDER FOR ON CALL PROFESSIONAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND T.Y. LIN INTERNATIONAL FOR HIGGS BEACH RE-NOURISHMENTABOVE AND BELOW MHW In accordance with the Agreement for On Call Professional Engineering Services, made and entered into on January 17, 2018, between MONROE COUNTY, hereinafter referred to as the "County" and T.Y. LIN INTERNATIONAL hereinafter referred to as "Consultant", where professional services are allowed if construction costs do not exceed $4,000,000.00, or for study activity if the fee for professional services for each individual study under the contract does not s exceed $500,000.00 ("Agreement"), as provided in Subsection 287.055(2)(g), Florida Statutes, as amended by Section 2, Chapter 2020-127, Laws of Florida, the parties enter into this Second Amendment to the Task Order. All terms and conditions of the Agreement apply to this Amendment, unless this Amendment amends, adds, or modifies a provision or an Article of the Agreement or Task Order of which will be specifically referenced in this Amendment and the amendment, addition, or modification shall E be precisely described. E This Second Amendment is effective on the 18" day of August 2021. N WHEREAS, an Agreement with the Consultant for On-Call Professional Engineering Services -� was entered into on January 17, 2018, between Consultant and the County; and WHEREAS, a Task Order for the Higgs Beach Re-Nourishment Above and Below MHW project76 was entered into on June 19, 2020, between the Consultant and the County; and WHEREAS, a First Amendment to the Task Order was entered into on September 16,2020,which ; added an additional pre-construction survey along with the services of an On-Site Representative for the County during construction as required by the Florida Department of Environmental Protection (FDEP) as part of the permitting process; and y WHEREAS, additions to the original scope of work have been made necessary by the FDEP, the i Florida Keys National Marine Sanctuary (FKNMS), and the US Army Corps of Engineers (USACE), specifically requiring additional environmental and physical monitoring during construction and post construction as conditions of the required permits. a� NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: E �t 1. In accordance with Article II, paragraph 2.1, of the Professional Services Agreement, Consultant will provide the services of qualified persons in order to address agency concerns 0) and to keep the permitting process progressing, including additional coordination for Un establishing and recording the Erosion Control Line, development of the Derelict Lobster Trap Removal Plan, and additional coordination with the USACE beyond normal expectations. E Permitting conditions also require daily marine turtle and shore bird monitoring if construction activities occur during nesting seasons. The services to be provided include performance of the < Page 1 of 6 Packet Pg. 1990 R.1.a post-construction biological monitoring in accordance with the approved Biological Monitoring Plan, plan preparation and assistance in reporting for the derelict lobster trap removals, and additional agency coordination required in the acquisitions of the permits. 2. Consultant will perform the services for the beach sand replenishment project in accordance CL with the FKNMS permit (dated October 16, 2020), the FDEP permit (dated December 28, 2020),the USACE permit(dated June 11,2021),the Biological Monitoring Plan(dated August 2020), and the FKNMS addendum (dated September 2020), including the following tasks: 2.1. Post-Construction Biological Monitoring This task presents the scope of work to address the immediate post-construction monitoring requirements and the two (2) annual post-construction monitoring surveys, as detailed in the approved agency permits and Biological Monitoring Plan. Tasks are to be completed according to the table below: I"ro*t Area, Sun-%'ey Sut-kTey Type Monlitoring Data Belmerablcs eHod and, Number of Events � Line-intercept Biological lrrterval Excel Motritormtag Sediment Spreadsheets and =fir Semi'- Depths PDF permanent Quadrat: of Field Sheets Transects) Sampluig y Hardbottorn.' Video Sin-vey Video 1laitt.S 'area Post- Nearshore Edge Ir-situ.Resource Shapefrles,F m Construction of Resources Edge (N 3 per Creodiat�abase and . Delineation Photographs noAar�rshtarerr t): j Listed Size Rnmediate id Excel Measitrerrrettt artzeully for 2 Spreadsheet.PDF Scleractiniarr and Condition r fi o Field Sheets., and N Monitor�it g yeAars (years 1 . Assessttrent Photographs - In-situ Sha efiles Patch Bout day Geodata:base midBoutrdaries SAV Patclres Delineation Photogr-alahs i Condition Photographic Assessment Docunrentatiorz Photographs * Additionally, the FKNMS Addendum calls for non-listed scleractinian identification and monitoring within the overall hardbottom area. -� 0 U • A marine resource survey will performed within six (6) months of project completion, or °' early in the summer following completion, during the required summer monitoring period (June 1 through September 30) specifically: o Nearshore edge mapping of resources (habitat edge mapping [in situ] o Nearshore hardbottom monitoring to include: �t Page 2 of 6 Packet Pg. 1991 R.1.a ■ Transect monitoring along nine (9) permanently established (20-m) transects in the hardbottom and main SAV areas, to include: • Quadrat sampling using the Benthic Ecological Assessment for Marginal Reefs (BEAMR) survey method at nine (9) 1-m2 � permanent locations along each transect, c. • Line-intercept survey, • Interval sediment depth measurements, and • Video surveys. o Monitoring of listed scleractinian (hard coral) species, to include coral colony condition monitoring (all ESA-listed coral species, and all scleractinian coral species at least 10 cm in diameter), s o SAV patch delineation and rapid assessment. 0 o Monitoring of non-listed scleractinian species within the overall hardbottom area 9 as shown in the FKNMS Addendum. o If any of the permanent transect markers are found damaged or missing, replacement markers and tags will be installed. • Immediate post-construction raw data will be submitted directly to the FDEP JCP Compliance Officer and Monroe County within forty-five (45) days of completing the immediate post-construction monitoring. Raw data will be submitted electronically via portable hard drive, FTP site, or similar. Data submittals will include: o Video and photographic data, o Transect survey data, o Habitat(nearshore edge and SAV patches) mapping data, o ESA listed coral colony condition data, E o Scanned copies of field datasheets, o Non-listed species monitoring data. 6 • Within ninety (90) days of completing the immediate post-construction monitoring event, a written report will be submitted with all data analyzed to produce the report, tables, and 76 figures (in Excel format). The table entered into Prime (or suitable statistical program) and the Primer analysis file will also be submitted. The report will be cumulative;thus, data(in the form of summary tables and figures) will include all relevant pre-construction U) monitoring data. Temporal comparisons by way of univariate and multivariate tests will be (, confined to data collected during the most recent monitoring event(current survey)and the respective baseline survey. Results will be presented for all aspects of monitoring. Additionally, the report will include and discuss the results of non-listed coral species monitoring. • Additional marine resource survey will be performed approximately one- and two-years post-construction during the required summer monitoring period (June 1 through E September 30) following the same procedures. • To evaluate the performance of the beach replenishment, Consultant will conduct a E e( topographic and bathymetric profile survey immediately following completion of construction in accordance with FDEP requirements. 0 o The monitoring area will include profile surveys at the preconstruction locations U) within the bounds of the beach fill area. o Profile lines will be surveyed at a sufficient number of locations to accurately identify patterns of erosion and accretion. Page 3 of 6 Packet Pg. 1992 R.1.a o All work activities and deliverables will be conducted in accordance with the latest update of the Bureau of Beaches and Coastal Systems (BBCS) Monitoring Standards for Beach Erosion Control Projects, Sections 01000 and 01100. o A report will be submitted to the BBCS within ninety (90) days following completion of the post-construction survey. c. • Consultant will be assisted in this task by sub-consultants — Cummins Cederberg, Inc. and Hadonne. v) 2.2. Erosion Control Line Establishment ca FDEP required the establishment of an Erosion Control Line for the proposed shoreline restoration. As part of this process Consultant shall provide the following services: s • MHW line survey line coordination and review 0 • Coordination with FDEP on process and requirements • Historic date research • Prepare for and participate in public hearing • Preparation and coordination of publication of legal notice a� 2.3. Derelict Lobster Trap Removal Plan For hardbottom impacts, FDEP required compensatory mitigation. The County, in E coordination with FKNMS and FDEP, agreed in the removal of derelict lobster traps as mitigation for these hardbottom impacts. Consultant prepared the requested mitigation plan for approval by FDEP and FKNMS, to include research of data, coordination with the agencies, and removal and reporting requirements. As the lobster traps are removed, Consultant will assist the County in reporting to the regulatory agencies (FDEP, FKNMS, and Florida Wildlife Commission (FWC)), within 6 thirty (30) days of removal. Data collected to be provided for each trap will include the following: • The intended species targeted by the trap -i • Owner identification/endorsement number • Presence or absence of a required tag ) • Commercial or recreational trap • Location of trap s i • Buoy colors • Photograph i A total of forty-five (45) lobster traps are anticipated to be removed. a 2.4. US Army Corps of Engineers Coordination After approval was received from the National Marine Fisheries Services (NMFS), the USACE indicated they were not accepting the NMFS use of the South Atlantic Regional Biological Opinion (SARBO) Supersede review for the ESA consultation. This has resulted in extending the USACE approval process and has required additional v) coordination and historic permit research in an attempt to move the permit process forward. E 2.5. Marine Turtle and Shorebird Monitoring Page 4 of 6 Packet Pg. 1993 R.1.a This task presents the scope of work to address the monitoring requirements during construction, as detailed in the approved agency permits. Based on the approved permits, daily marine turtle and shore bird monitoring is required if construction activities occur during the periods of April 15 to November 30 (marine turtle nesting) and March 1 to September 1 (shore bird nesting). It is anticipated that construction will occur over a 28- c. day period. Tasks to be completed include: • Daily preconstruction monitoring of the beach for sea turtle nests by a professional U) biologist with a valid FWC Marine Turtle Permit. • Daily preconstruction surveys of the beach for shore bird nesting activity by an a°'a approved professional biologist • Identified nest and travel corridors will be marked with stakes, caution tape and s appropriate signage. Nest sites will be inspected daily to ensure the markers 0 remain in place and the nest has not been disturbed. • Any marine turtle nest found to be within the construction footprint will be >_ relocated as necessary following permit guidelines • Preparation of final reports • Coordination of monitoring activities with on-site biologists, regulatory agencies, and the County. • Consultant will be assisted in this task by qualified dedicated marine turtle and shore bird sub-consultants N COUNTY RESPONSIBILITY The County's Responsibility is outlined in Article IV of the Professional Services Agreement. The County shall provide on-site monitoring of sand placement during construction. E 3. In accordance with Article VII of the Professional Services Agreement, the County shall pay the Consultant a not to exceed fee of Two Hundred Eighty Thousand Seven and 00/100 Dollars ($280,007.00) paid on a percent complete basis for each task, as described above in the Scope of Work, for the following tasks: Task 2.1 Post Construction Biological Monitoring $53,315.00 ) Task 2.1.1 1st Annual Post Construction Biological Monitoring $56,115.00 Task 2.1.2 2nd Annual Post Construction Biological Monitoring $59,635.00 Task 2.1.3 Post Construction Topographic and Bathymetric profile survey $14,326.00 �1 Task 2.2 Erosion Control Line $3,120.00 Task 2.3 Derelict Lobster Trap Removal Plan & Reporting $15,870.00 Task 2.4 USACE Additional Coordination $1,620.00 Task 2.5 Marine Turtle and Shorebird Monitoring E Task 2.5.1 Mobilization and Demobilization $2,720.00 Task 2.5.2 Daily Monitoring(28 days) (Not to Exceed) $59,064.00 E Task 2.3.1 Final Reports $4,222.00 -� Subtotal $270,007.00 0 Reimbursable Expenses $10,000.00 v) Total Project Fee 1 $280,007.00 Page 5 of 6 Packet Pg. 1994 R.1.a The total cost of this Task Order, including the First and Second Amendments, is Four Hundred Six Thousand Five Hundred Fifteen and 00/100 ($406,515.00) Dollars. All other terms and conditions of this Second Amendment shall be in accordance with the Task Order, as amended, and Agreement. CL IN WITNESS WHEREOF, each parry caused this Second Amendment to be executed by its duly authorized representative. N (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date: cv CONSULTANT: WITNESS TO CONSULTANT T.Y. LIN INTERNATIONAL By: By: Title: Date: i Date: N i i M0qR0E COUNTY ATTORNEY' OFFICE TO NORM PATRICIA I Assl,,STANT COUNTY ATTORNEY c OAT . 8/04/2021 W Page 6 of 6 Packet Pg. 1995 R.1.b FIRST AMENDMENT TO TASK ORDER FOR ON CALL PROFESSIONAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND T.Y. LIN INTERNATIONAL FOR HIGGS BEACH RE-NOURISHMENTABOVE AND BELOW MHW In accordance with the Agreement for On Call Professional Engineering Services, made and entered into on January 17,2018,between MONROE COUNTY,hereinafter referred to as the "County" and T.Y. LIN INTERNATIONAL hereinafter referred to as "Consultant"/"T.Y. Lin", where professional services are allowed if construction costs do not exceed $2,000,000.00 or if the fee for professional services for each individual study under the contract does not exceed $200,000.00, hereinafter referred to as "Agreement", the parties enter into this First Amendment to the Task Order with an effective date of June s 19, 2020 ("Task Order"). 0 All terms and conditions of the Agreement apply to this Amendment, unless this >_ Amendment amends, adds, or modifies a provision or an Article of the Agreement or Task Order of which will be specifically referenced in this Amendment and the amendment, addition, or modification shall be precisely described. This First Amendment is effective on the 16th day of September, 2020. e( WHEREAS, an Agreement with the Consultant for On-Call Professional Engineering Services was entered into on January 17, 2018, between the Consultant and the County; and WHEREAS,a Task Order with the Consultant for the Higgs Beach Re-Nourishment Above and Below MHW project was entered into on June 19, 2020, between the Consultant and LU the County; and LU WHEREAS, additions to the original scope of work have been made necessary by the Florida Department of Environmental Protection (FDEP), a state permitting agency, specifically requiring a qualified On-Site Representative for the County and the conducting of one (1) additional pre-construction survey. NOW, THEREFORE,the Task Order for Higgs Beach Re-Nourishment, shall be amended to include the additional required scope of services and in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Article II, paragraph 2.1, of the Professional Services a Agreement, Consultant will secure the services of a qualified On-Site E Representative for the County and secure the services of a licensed professional surveyor and mapping consultant to conduct one (1) additional pre-construction survey at Higgs Beach,Key West in Monroe County, Florida. The additional scope of services will include the following tasks: Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I 1 Packet Pg. 1996 R.1.b 2.1 Pre-Construction Baseline Biological Monitoring • Prior to conducting habitat edge mapping in the field and location of permanent monitoring transects, a visual analysis of recent(as close as possible and available to the date of the pending nourishment) aerial imagery in GIS software as per the BMP will be conducted. This analysis will be overlaid with the edge mapping conducted in the field and included in the report. • Perform the field survey tasks as required per the BMP, specifically: CL o Habitat edge mapping (in situ) o Transect establishment(4 hardbottom, 5 SAV transects) v) o Transect monitoring (20 m, 8 1-m2 BEAMR quadrats each, lineintercept, interval sediment depth) o SAV Patch delineation and rapid assessment o Coral colony tagging and condition monitoring (all ESA-listed s coral species, and all scleractinian coral species at least 10 cm in 0 diameter) 9 • Baseline data collected prior to the renourishment event will be submitted to the FDEP JCP Compliance Officer and Monroe County, as per the BMP at least thirty (30) days prior to construction (unless the survey is conducted within thirty (30) days of construction commencement, in E which case the data will be submitted within thirty (30) days of survey completion). Data will be submitted electronically and will include: o Video and photographic data o Raw transect survey data o Habitat(nearshore edge and SAV patches) mapping data o Coral colony condition data T� o Scanned copies of field datasheetsLU • In addition to the data deliverables to the FDEP, a written monitoring X report will be submitted to Florida Keys National Marine Sanctuary Ui ("FKNMS")that analyzes the above-listed data within sixty (60) days of survey completion. • T.Y. Lin will be assisted in this task by its sub-consultant, Cummins Cederberg E 2.2 Sediment QC/QA On-Site Representation T.Y. Lin will enforce the construction contract and regulatory permits related to sediment quality, including the FDEP-approved December 2019 Sediment Quality Control/Quality Assurance Plan. It is anticipated that construction activities associated with the sand placement will be conducted over a period of E four(4)weeks. • On-Site Representative. On-site observation will be conducted by individuals with training and experience in beach nourishment and Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I 2 Packet Pg. 1997 R.1.b construction inspection and testing, and knowledgeable of the project design and permit conditions. T.Y. Lin will provide approximately ten (10) hours per week for on-site observations to be supplemented by County staff. T.Y. Lin's Project Engineer will actively coordinate with the On-Site Representatives. Communications will take place between the T.Y. Lin's Engineer and On-Site Representatives on a weekly basis. • Pre-Construction Meeting. The project QC/QA Plan will be discussed as a matter of importance at the pre-construction meeting. The Contractor will be required to acknowledge the goals and intent of the above described QC/QA Plan, in writing, prior to commencement of construction. • Contractor's Daily Reports. T.Y. Lin's On-Site Representative will review the Contractor's Daily Reports which will characterize the nature of the sediments encountered at the upland sand source and placed along the project shoreline with specific reference to moist sand color and the occurrence of rock, rubble, shell, silt or debris. • On Call. T.Y. Lin will be continuously on call during the period of construction for the purpose of making decisions regarding issues that involve QC/QA Plan compliance. °® • Addendums. Any addendum or change order to the Contract between the County and the Contractor will be evaluated to determine whether or not E the change in scope will potentially affect the QC\QA Plan. • Post-Construction Sampling for Laboratory Testing. To assure that the fill E material placed on the beach was adequately assessed by the borrow area investigation and design, T.Y.Lin will conduct assessments of the sediment as detailed in the Plan. N Post-construction sampling of each acceptance section and testing of the fill material will be conducted to verify that the sediment placed on the ci beach meets the expected criteria/characteristics provided from the geotechnical investigation and borrow area design process. Upon uW completion of an acceptance section of constructed beach, the T.Y. Lin will collect two (2) duplicate sand samples at each FDEP reference >_ monument profile line to quantitatively assess the grain size distribution, moist Munsell color, shell content, and silt content for compliance. T.Y. Lin will collect the sediment samples of a minimum of 1 U.S. pint(at + least 200 grams) each from the bottom of a test hole a minimum of 18 inches deep within the limits of the constructed berm. T.Y. Lin will visually assess grain size, Munsell color, shell content, and silt content of the material by handling the fill material to ensure that it is predominantly sand, and further to note the physical characteristics. T.Y. Lin will note the existence of any layering or rocks within the test hole. One (1) sample will E be sent for laboratory analysis while the other sample will be archived by the County. All samples and laboratory test results will be labeled with the C Project name, FDEP Reference Monument Profile Line designation, date sample was obtained, and "Construction Berm Sample." Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I 3 Packet Pg. 1998 R.1.b It is estimated that ten (10) sand samples will be collected. Geotechnical laboratory analysis will include: o Gradation analyses (ASTM D 422)to include the following standard sieves: 3/4", 5/8", 3.5, 4, 5, 7, 10, 14, 18, 25, 35, 45, 60, 80, 120, 170, and 230. The following will be included in tabular form: i. Sieve number ii. Diameter in mm, CL iii. Diameter in phi units, iv. Weight retained on sieve, v) V. Weight percent retained on sieve, vi. Cumulative weight retained on sieve and a°'a vii. Cumulative weight percent retained on sieve. All weights and percentages will be recorded to the nearest s 0.01 gm. 0 o A table of moment statistics (mean, median (d50), standard deviation (sorting), moist Munsell color, silt percent, visual estimate of shell content, and carbonate content will be included. Frequency and cumulative frequency plots of each sample will also be provided. In the event that a section of beach contains fill material that is not in E compliance with the sediment compliance specifications, then the County will be notified and proposed remediation strategies discussed. FDEP notification will indicate the volume, aerial extent and location of any unacceptable beach areas and remediation planned. • T.Y. Lin will be assisted in this task by its sub-consultants, Terramar Environmental Services and NV5. X i COUNTY RESPONSIBILITY The County's Responsibility is outlined in Article IV of the Professional Services Agreement. County shall provide historical property records and deeds if required. 2. In accordance with Article VII of the Professional Services Agreement, the County shall pay the Consultant a lump sum fee of Seventy-Six Thousand Five + Hundred Seventy and 00/100 Dollars ($76,570.00)paid on a percent complete basis for each task, as described above in the Scope of Work, for the following phases: Task Preconstruction Baseline Biological 2.1 Monitoring $47 923.00 E Task Construction Sediment QC/QA On-Site 2.2 Representation $28 647.00 Total Project Fees $76,570.00 Higgs Beach Sand Re-Nourishment Above and Below MHW Task Order Amendment I 4 Packet Pg. 1999 R.1.b The total cost of this Task Order, including the First Amendment, is$126,508.00. All other terms and conditions of this First Amendment shall be in accordance with the Task Order and Agreement. IN WITNESS WHEREOF, each party caused this Amendment to be executed by its duly orized representative. CL BOARD OF C UNTY COMMISSIONERS in Mad❑ , Clerk OF MONROE U , FLORIDA e By: As Deputy Clerk ay rl airman 0 Date: r? 7-v � CONSULTANT: WITNESS TO CONSULTANT E T.Y. LIN IN ID By: Francisc By: Title: Vice President Date: 8-31-20 W N Date: 8-31-20 i CD i cn Q .... LLJ > E r_ k4ONF m CQUNw.%TromEY's OFFICE '-j L�.! R8919T ATFaC1A 6ABI,E$ ey [.0 DATE: /�V, U Higgs Beach Sand Ike-Nourishment Above and Below MHW Task Order Amendment I 5 Packet Pg. 2000 R.1.b TASK ORDER FOR ON CALL PROFESSIONAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND T.Y. LIN INTERNATIONAL FOR HIGGS BEACH -NOURISHMENTABOVE AND BELOW MHW In accordance with the Agreement for On Call Professional Engineering Services, made and entered into on January 17, 2018 between MONROE COUNTY, hereinafter referred to as the "County" and T.Y. LIN INTERNATIONAL hereinafter referred to as "Consultant", where professional services are allowed if construction costs do not exceed as $2,000,000.00 or if the fee for professional services for each individual study under the contract does not exceed $200,000.00, hereinafter referred to as "Agreement', the parties — enter into this Task Order. 0 All terms and conditions of the Agreement apply to this Task Order, unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task Order and the amendment, addition, or modification shall be precisely described. This Task Order Amendment is effective on the day of 2020. a WHEREAS, an Agreement with the Consultant for On-Call Professional Engineering Services was entered into on January 17, 2018 between the Consultant and the County; and CD WHEREAS,the County requires Engineering Services to develop a biological and physical monitoring plan of proposed beach sand re-nourishment above and below mean high water (MHW), including an updated benthic survey of areas seaward of Higgs Beach Park, to i address requirements of applicable state and federal permitting agencies including the Lu Florida Department of Environmental Protection (FDEP) and the Florida Keys National i Marine Sanctuary (FKNMS); and WHEREAS, the County requires Engineering Services to provide an updated land survey i of Higgs Beach to address requirements of FDEP and the U.S. Army Corps of Engineers (ACOE), specifically requiring a new Topography for Mean High Water Line survey to support a County-requested permit to re-nourish beach sand above and below mean high + water(MHW). NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Article II, paragraph 2.1 of the Professional Services Agreement, Consultant will conduct an updated benthic survey of Higgs Beach; and Consultant will secure the services of a licensed professional survey and mapping consultant to conduct the required topographic and bathymetric surveys at Higgs Beach, Key West in Monroe County, Florida. The additional scope of services will include the following tasks: Higgs Beach Sand Re-Nourishment Above and Below MHW 1 Packet Pg. 2001 R.1.b 1.0 — Biological and physical monitoring plan for Higgs Beach: Develop a biological and physical monitoring plan of proposed beach sand re-nourishment above and below mean high water O. The data gathering and reporting plan shall follow the applicable requirements of the FDEP and/or the FKNMS for beach sand re-nourishment permitting. The monitoring plan will include: • Baseline Delineation of Submerged Resources and Benthic Habitat Mapping • Transect and In-Situ Quadrat Analysis CL • Seagrass and Other Species Percent Cover Reporting • Biological Reference Site Monitoring • Sediment Analysis • Physical Monitoring • Reporting 2.0 — FKNMS Agency Coordination/Permitting: Coordinate with the FKNMS to prepare the required Biological and Physical Monitoring Plan and prepare the permit for the sand replenishment project. Permit application and submittal fees _ shall be considered a reimhursahle expense. Prepare the necessary permit r,nSnl`cni`nn�and c;nninn a'1ni- nenlz;o,meet ner mnittint^ recmirerneniq. Re.`in on+e=s to _wa_g�_.-_-d.__..._ --Tr--- ------------ -- ---- - a- ---- c - n , regulatory Request for Additional Information (RAI) will be prepared within regulatory timeframes. One (1) RAI is anticipated. 3.0 Pre-construction Monitoring: In accordance with the Monitoring Plan � developed in Task 1.0, conduct the pre-construction monitoring activities, a including data collection, analysis and reporting for Preconstruction Biological Monitoring. W 4.0 — Topography for L: Perform sufficient cross-Sections in order to establish the Mean High-Water Line and Erosion Control Line in accordance with Florida Department of Environmental Protection Tidal Water Survey Guidelines and Procedures. i DELIVERABLES 1. An agency—approved Biological and Physical Monitoring Plan including required activities, schedule and reporting requirements. 2. Necessary permit applications and supporting documents and responses to AIs to meet permitting requirements. 3. Pre-Construction Monitoring activities, analysis, and reports. + 4. Updated Topographic Survey (via electronic delivery in pdf format and one (3) hard copy signed and sealed by a Florida licensed surveyor) along with the resulting DWG and PDF files. y COT JNTY RESPONSIBILITY The County's Responsibility is outlined in Article IV of the Professional Services Agreement. County shall provide historical property records and deeds if required. 2. In accordance with Article VII of the Professional Services Agreement, the County shall pay the Consultant a lump sum fee of Forty-Nine Thousand Nine Higgs Beach Sand Re-Nourishment Above and Below MW 2 Packet Pg. 2002 R.1.b Hundred Thirty-Eight and 00/100 Dollars ($49,938.00) paid on a percent complete basis for each task, as described above in the Scope of Work, for the following phases: Taskl Biological & Physical Monitoring Plan $4,896.00 Task 2 FKNMS Coordination & Permitting $3,748.00 Task 3 Preconstruction Biological Monitoring $34,896.00 CL Task 4 Topography Survey for MHWL $6,398.00 Total Project Fees $49,938.00 Y All other terms and conditions of this Task Order shall be in accordance with the Professional Services Agreement dated January 17, 2018. IN WITNESS WHEREOF, each party caused this Task Order to be executed by its duly authorized representative. CONS .°L Al "1': t 6-18-20 T.Y. Lin Internationll Date Francisco J. Alonso, PE, Vice President Print Name cv ONROeC i to Lu ruwa �. a �i CounlY c'� or(I gnse Date PrintNam e MONROE COUNTY ATTOMNEYS OFFICE + Z"_0_ APPROVED AS TO FORM _� JOSEPH DRAW MTMWUNTYATTORNEY DATE: t -1 S_20 Higgs Beach Sand Re-Nourishment Above and Below MHW 3 Packet Pg. 2003