HomeMy Public PortalAbout2019-53 Approving an agreement with Janus Research Group related to the safe routes to school projectRESOLUTION NO. 2019.53
A RESOLUTION OF THE VILLAGE COTJNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH JANUS
RESEARCH GROUP, INC. TO PROVIDE THE CULTURAL
RESOURCES ASSESSMENT SURVEY RELATED TO THE
SAFE ROUTES TO SCHOOL PROJECT; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne ("Village") wishes to retain a cultural resources
consultant to conduct a cultural resource assessment survey related to the Safe Routes to School
Project (the "Services"); and
WHEREAS, the Village wishes to engage Janus Research Group, Inc. (the "Consultant")
to perform the Services; and
WHEREAS, pursuant to 2-87 of the Village Code of Ordinances ("Village Code"), the
Services to be provided by the Consultarrt arc exempt from the Village's competitive bidding
procedures; and
WHEREAS, the Village Council desires to engage the Consultant to provide the
Services and approves the Professional Services Agreement attached hereto as Exhibit'oA" (the
"Agreement"); and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE' BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, F'LORIDA AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval. That the Agreement with the Consultant in substantially the
form attached hereto as Exhibit ooA" is approved.
Section 3. Authorization. That the Village Manager is hereby authorized to execute
the Agreement attached hereto as Exhibit "A" with the Consultant for the Services, in an amount
not to exceed $15,000, subject to approval by the Village Attorney as to form, content, and legal
sufficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 27th dayof August, 2019.
, MAYO
A
GE CLERK
C
APPROVED AS TgFORMffi4fu AND LEGAL SUFFICIENCY
VILLAGE ATTORNEY
2
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
JANUS RESEARCH GROUP, INC.
THIS AGREEMENT (this "Agreement") is made effective as of the _ day of _ffi il?Jl3i';itrT,ffi3ffi ;,'#f #:Hil,ffi;i"*1if,",:$ffJ
Mclntyre Street, Key Biscayne, Florida 33149 (hereinafter the "Village"), and JANUS
RESEARCH GROUP, INC., a Georgia Corporation, whose principal address is 1107 N. Ward
Street, Tampa, Florida 33607 (hereinafter, the o'Consultant").
WHEREAS, the Village desires certain cultural resources consulting services; and
WHEREAS, the Consultant will perform services on behalf of the Village, all as further
set forth in the Proposal, dated May 23,2019 andMay 28,2019 (Cost Proposal), attached hereto
as Exhibit "A" (the "Services"); and
WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a
fee for the Services; and
WHEREAS, the Village desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration ofthe mutual covenants and conditions contained
herein, the Consultant and the Village agree as follows:
1. Scone ofServices.
1.1 Consultant shall provide the Services set forth in the Proposal attached
hereto as Exhibit "A" and incorporated herein by reference (the "services").
Consultant shall furnish all reports, documents, and information obtained
pursuant to this Agreement, and recommendations during the term of this
Agreement (hereinafter "Deliverables") to the Village.
2. Term/Commencement Date.
2.1 This Agreement shall remain in effect from the Effective Date through to
final payment thereafter, unless earlier terminated in accordance with
Paragraph 8.
Consultant agrees that time is of the essence and Consultant shall complete
the Services within the term of this Agreement, unless extended by the
Village Manager.
1.2
2.2
Page I of13
5.
3. Compensation and Pavment.
3.1 Compensation for Services provided by Consultant shall be in accordance
with the Proposal attached hereto as Exhibit "A." Consultant shall be
compensated in an amount not to exceed $15,000.00.
3.2 Consultant shall deliver an invoice to Village no more often than once per
month detailing Services completed and the amount due to Consultant under
this Agreement. Fees shall be paid in arrears each month, pursuant to
Consultant's invoice, which shall be based upon the percentage of work
completed for each task invoiced. The Village shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and
acceptance of the Services by the Village Manager.
4.Subconsultants.
4.I The Consultant shall be responsible for all payments to any subconsultants
and shall maintain responsibility for all work related to the Services.
4.2 Consultant may only utilize the services of a particular subconsultant with
the prior written approval of the Village Manager, which approval may be
granted or withheld in the Village Manager's sole and absolute discretion.
Village's Resnonsibilities.
5.1 Village shall make available any maps, plans, existing studies, reports, staff
and representatives, and other data pertinent to the Services and in
possession of the Village, and provide criteria requested by Consultant to
assist Consultant in performing the Services.
5.2 Upon Consultant's request, Village shall reasonably cooperate in arranging
access to public information that may be required for Consultant to perform
the Services.
6. Consultant'sResponsibilities;RepresentationsandWarranties.
6.1 The Consultant shall exercise the same degree of care, skill and diligence in
the performance of the Services as is ordinarily provided by a consultant
under similar circumstances. If at any time during the term of this
Agreement or within two (2) years from the completion of this Agreement,
it is determined that the Consultant's Deliverables or Services are incorrect,
not properly rendered, defective, or fail to conform to Village requests, the
Consultant shall at Consultant's sole expense, immediately correct its
Deliverables or Services.
Page 2 of 13
6.2
6.3
7. Conflict of Interest.
7.1
8. Termination.
8.1
8.3
8,4
The Consultant hereby warrants and represents that at all times during the term
of this Agreement it shall maintain in good standing all required licenses,
certifications and permits required under Federal, State and local laws
applicable to and necessary to perform the Services for Village as an
independent contractor of the Village. Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to
perform the Services and carry out its obligations under this Agreement in
a professional and first class manner.
The Consultant represents that is an entity validly existing and in good
standing under the laws of Florida. The execution, delivery and
performance of this Agreement by Consultant have been duly authorized,
and this Agreement is binding on Consultant and enforceable against
Consultant in accordance with its terms. No consent of any other person or
entity to such execution, delivery and performance is required.
To avoid any conflict of interest or any appearance thereof, Consultant shall
not, for the term of this Agreement, provide any consulting services to any
private sector entities (developers, corporations, real estate investors, etc.),
with any current, or foreseeable, adversarial issues in the Village.
8.2
The Village Manager, without cause, may terminate this Agreement upon
five (5) calendar days written notice to the Consultant, or immediately with
cause.
Upon receipt of the Village's written notice of termination, Consultant shall
immediately stop work on the project unless directed otherwise by the
Village Manager.
In the event of termination by the Village, the Consultant shall be paid for
all work accepted by the Village Manager up to the date of termination,
provided that the Consultant has first complied with the provisions of
Paragraph 8.4.
The Consultant shall transfer all books, records, reports, working drafts,
documents, maps, and data pertaining to the Services and the project to the
Village, in a hard copy and electronic format within fourteen (14) days from
the date of the written notice of termination or the date of expiration of this
Agreement.
9. Insurance.
Page 3 of 13
9.1 Consultant shall secure and maintain throughout the duration of this
agreement insurance of such types and in such amounts not less than those
specified below as satisfactory to Village, naming the Village as an
Additional Insured, underwritten by a firm rated A-X or better by A.M. Best
and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the Village, its officials,
employees, agents, and volunteers naming the Village as additional insured.
Any insurance maintained by the Village shall be in excess of the
Consultant's insurance and shall not contribute to the Consultant's
insurance. The insurance coverages shall include at a minimum the
amounts set forth in this section and may be increased by the Village as it
deems necessary or prudent.
a. Commercial General Liability coverage with limits of liability
of not less than a $1,000,000 per Occurrence combined single
limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to
property under the care, custody and control of Consultant. The
General Aggregate Liability limit and the Products/Completed
Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
b. Workers Compensation and Employer's Liability insurance, to
apply for all employees for statutory limits as required by
applicable State and Federal laws. The policy(ies) must include
Employer's Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the
Consultant shall be allowed to provide Services pursuant to this
Agreement who is not covered by Worker's Compensation
insurance.
c. Business Automobile Liability with minimum limits of
$1,000,000 per occurrence, combined single limit for Bodily
Injury and Property Damage. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements,
as filed by the Insurance Service Office, and must include
Owned, Hired, and Non-Owned Vehicles.
d. Professional Liability Insurance in an amount of not less than
One Million Dollars ($1,000,000.00) per occurrence, single
limit.
Page 4 of 13
9.2 Certificate of Insurance. Certificates of Insurance shall be provided to the
Village, reflecting the Village as an Additional Insured (except with respect
to Professional Liability Insurance and Worker's Compensation Insurance),
no later than ten (10) days after award of this Agreement and prior to the
execution of this Agreement by Village and prior to commencing Services.
Each certificate shall include no less than (30) thirty-day advance written
notice to Village prior to cancellation, termination, or material alteration of
said policies or insurance. The Consultant shall be responsible for assuring
that the insurance certificates required by this Section remain in full force
and effect for the duration of this Agreement, including any extensions or
renewals that may be granted by the Village. The Certificates of Insurance
shall not only name the types of policy(ies) provided, but also shall refer
specifically to this Agreement and shall state that such insurance is as
required by this Agreement. The Village reserves the right to inspect and
retum a certihed copy of such policies, upon written request by the Village.
If a policy is due to expire prior to the completion of the Services, renewal
Certificates of Insurance shall be furnished thirty (30) calendar days prior
to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days'
written notice shall be provided to the Village before any policy or coverage
is cancelled or restricted. Acceptance of the Certificate(s) is subject to
approval of the Village.
9.3 Additional Insured. Except with respect to Professional Liability
Insurance and Worker's Compensation Insurance, the Village is to be
specifically included as an Additional Insured for the liability of the Village
resulting from Services performed by or on behalf of the Consultant in
performance of this Agreement. The Consultant's insurance, including that
applicable to the Village as an Additional Insured, shall apply on a primary
basis and any other insurance maintained by the Village shall be in excess
of and shall not contribute to the Consultant's insurance. The Consultant's
insurance shall contain a severability of interest provision providing that,
except with respect to the total limits of liability, the insurance shall apply
to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4 Loss Pavee. The Village is to be specifically named as a loss payee under
the Consultant's Professional Insurance policy so that the Village will be a
third party beneficiary entitled to receive all money payable under the
relevant policy for any claims, damages, or losses in connection with,
related to, or arising from Consultant's Services or performance pursuant to
this Agreement.
9.5 Deductibles. All deductibles or self-insured retentions must be declared
to and be reasonably approved by the Village. The Consultant shall be
Page 5 of 13
responsible for the payment of any deductible or self-insured retentions in
the event of any claim.
9.6 The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination.
10.1 During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their
race, color, religion, sex, or national origin, and to abide by all Federal and
State laws regarding nondiscrimination
11. Attornevs Fees and Waiver of Jurv Trial.
I 1.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
tt.2 IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES
ITS RIGHT TO TRIAL BY JURY.
12. Indemnification.
l2.l Consultant shall indemnify and hold harmless the Village, its officers,
agents and employees, from and against any and all demands, claims, losses,
suits, liabilities, causes of action, judgment or damages, arising from
Consultant's negligent acts, errors, or omissions arising out of the
performance or non-performance of any provision of this Agreement,
including, but not limited to, liabilities arising from contracts between the
Consultant and third parties made pursuant to this Agreement. Consultant
shall reimburse the Village for all its expenses including reasonable
attorneys' fees and costs incurred in and about the defense ofany such claim
or investigation and for any judgment or damages arising from Consultant's
negligent performance or non-performance of this Agreement.
12.2 Nothing herein is intended to serve as a waiver of sovereign immunity by
the Village nor shall anything included herein be construed as consent to be
sued by third parties in any matter arising out of this Agreement or any other
contract. The Village is subject to section 768.28, Florida Statutes, as may
be amended from time to time.
I2.3 The provisions of this section shall survive termination of this Agreement.
Page 6 of L3
13. Notices/AuthorizedRepresentatives.
13.1 Any notices required by this Agreement shall be in writing and shall be
deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or
by a private postal service, addressed to the parties (or their successors) at
the following addresses :
For the Village:Andrea Agha
Village Manager
Village of Key Biscayne
88 West Mclntyre Street
Key Biscayne,FL33149
With a copy to:Chad Friedman, Esq.
Village Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
2525Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
For the Consultant: Janus Research Group, Inc
14. Governing Law and Venue.
l4.l This Agreement shall be construed in accordance with and governed by the
laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. EntireAgreement/Modification/Amendment.
15.1 This writing contains the entire Agreement of the parties and supersedes
any prior oral or written representations. No representations were made or
relied upon by either party, other than those that are expressly set forth
herein.
15.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the
same formality as this document.
16. Ownership and Access to Records and Audits.
16.1 Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled
Page 7 of 13
information, and all similar or related information (whether patentable or
not) which relate to Services to the Village which are conceived, developed
or made by Consultant during the term of this Agreement ("Work Product")
belong to the Village. Consultant shall promptly disclose such Work
Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish
and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
16.2 Consultant agrees to keep and maintain public records in Consultant's
possession or control in connection with Consultant's performance under
this Agreement. The Village Manager or her designee shall, during the term
of this Agreement and for a period of three (3) years from the date of
termination of this Agreement, have access to and the right to examine and
audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the
provisions of Section 119.0701, Florida Statutes. Consultant shall ensure
that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by
law, for the duration of the Agreement, and following completion of the
Agreement until the records are transferred to the Village.
16.3 Upon request from the Village's custodian of public records, Consultant
shall provide the Village with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided by Chapter ll9, Florida Statutes, or as
otherwise provided by law.
16.4 Unless otherwise provided by law, any and all records, including but not
limited to reports, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property
of the Village.
16.5 Upon completion of this Agreement or in the event of termination by either
party, any and all public records relating to the Agreement in the possession
of the Consultant shall be delivered by the Consultant to the Village
Manager, at no cost to the Village, within seven (7) days. All such records
stored electronically by Consultant shall be delivered to the Village in a
format that is compatible with the Village's information technology
systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Consultant shall destroy any and all
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements.
16.6 Any compensation due to Consultant shall be withheld until all records are
received as provided herein.
Page 8 of 13
16.7 Consultant's failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the Village.
Notice Pursuant to Section 119.0701(2Xa), Florida Statutes
IF THE CONSULTANT HAS QUESTTONS REGARDING
THE APPLICATION OF CHAPTER II9, FLORIDA
STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS.
Custodian of Records: Jennifer Medinao CMC
Mailing address: 88 West Mclntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: imedina@keybiscayne.fl.gov
17. Nonassisnability.
I7.l This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the Village Manager. The Village is relying
upon the apparent qualifications and expertise of the Consultant, and such
firm's familiarity with the Village's area, circumstances and desires.
18. Severabilitv.
18.1 If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby, and each remaining term and provision of this Agreement shall be
valid and be enforceable to the fullest extent permitted by law.
19. Independent Contractor.
19.1 The Consultant and its employees, volunteers and agents shall be and
remain an independent contractor and not an agent or employee of the
Village with respect to all of the acts and services performed by and under
the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties.
20. Compliance with Laws.
Page 9 of 13
20.1 The Consultant shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services
under this Agreement, and in particular shall obtain all required permits
from all jurisdictional agencies to perform the Services under this
Agreement at its own expense.
21. Waiver.
2l.I The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in
violation of the terms of this Agreement shall not be construed as a waiver
of the violation or breach, or of any future violation, breach or wrongful
conduct.
22. Survival of Provisions.
22.1 Any terms or conditions of either this Agreement that require acts beyond
the date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms
or conditions are completed and shall be fully enforceable by either party.
23. Prohibition of Continsency Fees.
23.1 The Consultant warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person(s), company, corporation, individual or f,rrm, other
than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, gift, or any other consideration, contingent upon
or resulting from the award or making of this Agreement.
24. Public Entitv Crimes Affidavit.
24.1 Consultant shall comply with Section 287.133, Florida Statutes (Public
Entity Crimes Statute), notification of which is hereby incorporated herein
by reference, including execution of any required affidavit.
25. Counterparts.
25.1 This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterparts shall constitute one and
the same instrument.
[Remainder of page intentionally left blank. Signature pages follow.]
Page 10 of13
IN WITNESS WLIEREOF ttre parties herets'have executed this Agreement as of the date
written below their signatures.
FOR THE CONSULTA,NTT
JANUS RESEARCH GROUP,INC., A
Florida Coqporation
Exeeuted:
Page 11 of13
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first above written.
FOR THE VILLAGE:
VILLAGE OF KEY BISCAYNE, A
Florida municipal corporation
By:
Andrea Agha
Village Manager
Date Executed:_
Attest
By:
Jennifer Medina
Village Clerk, CMC
Approved as to Form and Legal Sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attomey
Page 12 of 13
EXHIBIT '6A''
SCOPE OF SERVICES
Scope of Services are those contained in the Proposal dated May 23,2019 andMay 28,2019 (Cost
Proposal), attached hereto and incorporated herein by reference.
Page 13 of13
JANUS RESEARCH
Cost Proposal
Gultural Resources Assessment Survey for Safe Routes to School:
Village of Key Biscayne
FM Number: 438162-1
Miami-Dade County
May 28, 2019
POStTtON
Project Manager
Principal lnvestigator
Project Archaeologist
Field Archaeologist
Senior Architectural Historian
Architectural Historian
Historical Technician
Graphics Specialist
Computer Specialist
Clerical
Total Direct Labor
DIRECT EXPENSES
HOURS RATE
150.00 $
1 10.00 $
70.00 $
42.00 $
1 18.00 $
86.00 $
54.00 $
51.00 $
55.00 $
4s.00 $
TOTAL
600.00
880.00
3,780.00
1,008.00
708.00
3,440.00
1,080.00
408.00
330.00
90.00
4
8
54
24
6
40
20
8
6
2
$
$
$
$
$
$
$
$
$
$
$
F
m
IX
TU
TOTAL LABOR & EXPENSES
$ 2,555.10
$12,324.00
$ 14,889.10
Janus Research
NIay 23,2019
Cultural Resources Assessment Survey for Safe Routes to School Project
Village of Key Biscayne (438162-l)
Miami-Dade County
Please find a cost proposal for our services to perform a Cultural Resource Assessment Survey for
the Village of Key Biscayne. Because this is a LAP project and must meet Florida Department of
Transportation guidelines, the project methodology will comply Section 106 of the National
Historic Preservation Act (NHPA) of 1966 (Public Law 89-665, as amended), as implemented by
36 CFR 800 -- Protection of Historic Properties (incorporating amendments effective August 5,
2004); Stipulation VII of the Programmatic Agreement among the Federal Highway
Administration (FHWA), the Advisory Council on Historic Preservation (ACHP), the Florida
Division of Historical Resources (FDHR), the State Historic Preservation Officer (SHPO), and
the FDOT Regarding Implementation of the Federal-Aid Highway Program in Florida (Section
106 Programmatic Agreement, effective March 2016, amended June 7,2017); Section 4(f) of the
Department of Transportation Act of 1966, as amended (49 USC 303); Chapter 267, Florida
Statutes; and the minimum field methods, data analysis, and reporting standards embodied in the
FDHR' Cultural Resource Management Standards and Operational Manual (February 2003), and
Chapter lA-46 (Archaeological and Historical Report Standards and Guidelines), Florida
Administrative Code.In addition, this report will be prepared in conformity with standards set
forth in Part 2, Chapter 8 (Archaeological and Historic Resources) of the FDOT Project
Development and Environment Manual (January 2019). All work will also conform to professional
guidelines set forth in the Secretary of Interior's Standards and Guidelines for Archaeology and
Historic Preservation (48 FR 44716, as amended and annotated) and Chapter lA-46
(Archaeological and Historical Report Standards and Guidelines), Florida Administrative Code.
Background Research
As part of our services, Janus Research will survey and photograph the historic resources in the
immediate area of potential effect (APE), perform background research regarding the historic
significance of the resources, and determine if they are potentially eligible for listing in the
National Register of Historic Places (National Register).
A historical literature and background information search pertinent to the project areas will be
conducted. This will include a search ofthe Florida Master Site File, County and local site inventories,
books andjoumal articles, unpublished CRM reports, and the like. Every effort will be made to solicit
historic and site location information from other professionals, amateur archaeologists and collectors,
lay historians, and the local residents ofthe project area.
In addition to reviewing the previously compiled archaeological site data for the project are4
environmental variables known to be associated with prehistoric and historic sites will be reviewed for
the purpose of developing a predictive model of archaeological site occunence. Predictive models
enable the researcher to stratify a study area into areas of high site potential based on the co-occuffence
of relevant environmental variables. Data from archaeological surveys throughout Florida have
=$
F
m
IX
l.U
repeatedly demonstrated the validity of using environmental variables as predictors of prehistoric site
location.
Cultural Re source Assessment Survey
Archaeological Survey.
An archeological desktop analysis and reconnaissance survey will be conducted to include a
review of the most current Florida Master Site File (FMSF) data as well as a review of the
associated FMSF forms and survey reports to assess the accuracy of the locational data and
evaluate whether the previous surveys meet the current requirements of Section I 06 of the NHPA
of 1966 (Public Law 89-6650 as amended), as implemented by 36 CFR 800 -- Protection of Historic
Properties (incorporating amendments effective August 5 ,2004), the revised Chapter 267 , Florida
F.S.; and the standards embodied in the Florida Division of Historical Resources' (FDHR) Cultural
Resource Management Standards and Operational Manual (February 2003) and Chapter 1A-46
(Archaeological and Historical Report Standards and Guidelnes), Florida Administrative Code
(F.A.C.). An analysis of available historic aerials, historic General Land Office (GLO) plat maps
and associated surveyors' notes, United States Geological Survey (USGS) quadrangle mapso and
pertinent environmental features will also be conducted to help identify areas of archaeological
probability. The results of the desktop analysis will be documented in a technical memorandum
which will include a map showing a preliminary APE, the locations of any previously recorded
archeological sites and areas of archaeological probability. A visual survey will also be conducted
as well as shovel testing, where feasible. .
Preliminary research identified one previously recorded archaeological site within a potential APE,
A visual survey will be conducted to document existing conditions and determine if subsurface
testing is feasible, particularly within the area of the previously recorded archaeological sites. Prior
to any subsurface testing, coordination with the Sunshine One Call Center will also be conducted
to identify the locations of underground utilities.
Ilistoric Resources Survey. Based on this project, an architectural historian and at least one technical
assistant will conduct an historic resources survey to ensure that resources are identified, properly
mapped, and photographed. Janus Research has conducted numerous projects with similar scopes,
and a key aspect of this work is defining the area of potential effect (APE). Due to the nature of the
improvements, the APE will be narrowly defined to include resources that may be impacted by
proposed improvements. Florida Master Site File (FMSF) forms will only be completed for resources
directly within the APE; the forms will include field data, notes from site observations and informant
interviews. Photographs will be taken with a digital camera. A log will be kept with the resource's
physical location and compass direction of each photograph. Resources adjacent to the APE will be
visually reviewed in respect to the proposed improvements as well, but FMSF forms will not be
prepared.
Background review identified that portions of the proposed improvements are within the
previously recorded Western Key Biscayne Neighborhood historic district (8DAll6ll).
Additionally, improvements are proposed along Crandon Boulevard, which has been designated a
State Historic Highway per Chapter 88-418, and amended by Chapters 2002-20 and2004-366 of
the Laws of Florida to allow exceptions to the restrictions based on emergency vehicle access and
for public safety. Additional recorded and unrecorded historic structures are located adjacent to
$
F
m
IX
tU
the proposed improvements. While these individual buildings are likely to be outside of the historic
resources APE, this would need to be confirmed during review of project plans and a field review.
Report
A report presenting the methods, findings, evaluations, and recommendations of the cultural resource
assessment survey will be prepared and submitted to the client for review and comment. This report
will be prepared as to conform to the standards set forth in the FDOT PD&E Manual's requirements
as well as the FDHR Historic Preservation Compliance Review Program manual. After receiving the
comments, Janus Research will revise the document and prepare a final that will be submitted to the
Florida Department of Transportation and then the State Historic Preservation Officer for
concurrence. We will provide a digital version ofthe report on CD, and hard copies will be produced,
including the hard copy and associated materials required by the State Historic Preservation Officer.
Please consider that this document may also be required to be transmitted to the FDOT Office of
Environmental Management (OEM) for review before it is sent on to the SHPO.
=$
F
m
IX
l.U