2nd Amendment 08/18/2021 '' Kevin Madok, CPA
'
.t.' Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: August 27, 2021
TO: Stan Thompson,
Project Management
FROM: Sally M. Abrams, D.C.
SUBJECT: August 18 BOCC Meeting
Attached, for your handling, is an electronic copy of item RI, 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#1759.
Should you have any questions, please feel free to contact me at extension 3550.
cc: Breanne Erickson
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PWROTH BUILDING
500Whitehead 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 33070
ROC_9OAARA1 'NlC9OILRI197 RORJ6271 AR 'IDS_QSIA AR
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
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
be precisely described.
This Second Amendment is effective on the 18" day of August 2021.
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 project
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
WHEREAS, additions to the original scope of work have been made necessary by the FDEP, the
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.
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 provide the services of qualified persons in order to address agency concerns
and to keep the permitting process progressing, including additional coordination for
establishing and recording the Erosion Control Line, development of the Derelict Lobster Trap
Removal Plan, and additional coordination with the USACE beyond normal expectations.
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
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
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:
Project Area, Survey Survey'Type Monitaling Data De iveraDale
Period and,
Number of
Events
L ie-rrxterc at;
Biological hater val Excel
Monitor•irng Sedrnnent Spreadsheets and
( _9 Sernr- Depths PDF
pernnxannennt Quadrat: of Field Sheets
Transects) Salnpluig
Harrdbottorn Video Survey Video,Pa:ast-
1 airm S- N'Arera hi-situ I escurce Sh�apefrles ,r
Nearshore Edge Construction
of Resources Dodge (N 3 per t_areodsatabase and
Delineation nonu ishnxcent): Photogr{aplxs
Listed Size lrnunediate and Excel
Scicr°actinnian. Measurement arnrma,llly for 2 Spreadsheet,PDF
Monitoruirxg and Condditiorx years,(years, 1 & 2), of Field'Sheets,, ,anxd
Assessn$ent Photographs
Patch hi-situ Sh apefiles,/
Bomidaries Botuidhuy Geodatabaseand
SA'lf''Patches Delineation Photograaplus
Condition Photographic
Assessment Documentation Plnotograallas
* Additionally, the FKNMS Addendum calls for non-listed scleractinian identification and
monitoring within the overall hardbottom area.
• 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:
Page 2 of 6
■ 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,
• 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),
o SAV patch delineation and rapid assessment.
o Monitoring of non-listed scleractinian species within the overall hardbottom area
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,
o Scanned copies of field datasheets,
o Non-listed species monitoring data.
• 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
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
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
September 30)following the same procedures.
• To evaluate the performance of the beach replenishment, Consultant will conduct a
topographic and bathymetric profile survey immediately following completion of
construction in accordance with FDEP requirements.
o The monitoring area will include profile surveys at the preconstruction locations
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
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.
• Consultant will be assisted in this task by sub-consultants— Cummins Cederberg, Inc. and
Hadonne.
2.2. Erosion Control Line Establishment
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:
• MHW line survey line coordination and review
• 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
2.3. Derelict Lobster Trap Removal Plan
For hardbottom impacts, FDEP required compensatory mitigation. The County, in
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
thirty (30) days of removal. Data collected to be provided for each trap will include the
following:
• The intended species targeted by the trap
• Owner identification/endorsement number
• Presence or absence of a required tag
• Commercial or recreational trap
• Location of trap
• Buoy colors
• Photograph
A total of forty-five (45) lobster traps are anticipated to be removed.
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
coordination and historic permit research in an attempt to move the permit process
forward.
2.5. Marine Turtle and Shorebird Monitoring
Page 4 of 6
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-
day period. Tasks to be completed include:
• Daily preconstruction monitoring of the beach for sea turtle nests by a professional
biologist with a valid FWC Marine Turtle Permit.
• Daily preconstruction surveys of the beach for shore bird nesting activity by an
approved professional biologist
• Identified nest and travel corridors will be marked with stakes, caution tape and
appropriate signage. Nest sites will be inspected daily to ensure the markers
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
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.
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
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
Task 2.5.1 Mobilization and Demobilization $2,720.00
Task 2.5.2 Daily Monitoring(28 days) (Not to Exceed) $59,064.00
Task 2.3.1 Final Reports $4,222.00
Subtotal $270,007.00
Reimbursable Expenses $10,000.00
Total Project Fee I $280,007.00
Page 5 of 6
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.
(5 ITNESS WHEREOF, each party caused this Second Amendment to be executed by its duly
.
,u_ ed representative.
r
A-- BOARD OF COUNTY COMMISSIONERS
� evin Madok, Clerk OF MONROE COUNTY, FLORIDA `
It IV �� 6 t, 41 III 6v: .L /I y1 mkt to
As DP.utyp Clerk
"Y� ayor h-irm n
Date: 0 g.l ll' �U
CONSULTANT: WITNESS TO CONSULTANT
T.Y. LIN INTERNATIONAL
Ahmad Digitally signed by a •.
A„madHammoud e,..e
By: Hammoud °;,,; a'Ooo By:
Title: Vice President Date: 08/06/2021
Dale: 08/06/2021
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MCNROE COUNTY ATTOANEEY''S OFFICE
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PATRICIAEA8LE6
ASSISTANT COUNTY ATTORNEY
DATE: 8/04/2021
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