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' 113 ADDENDUM # 12 TO CONTRACT DATED JANUARY 21, 1997 BETWEEN INDIAN RIVER COUNTY AND MASTELLER & MOLER, INC. FOR CR 512 PAVING & DRAINAGE IMPROVEMENTS INDIAN RIVER COUNTY PROJECT #9611 COUNTY ROUTE 512 CORRIDOR IMPROVEMENTS ROSELAND ROAD TO I-95 INDIAN RIVER COUNTY, FL Indian River County staff & Masteller & Moler, Inc. worked diligently to advertise for bid and award a contract for construction of the Phase III portion of CR 512. The Phase III portion of CR 512 extends westward from Roseland Road to approximately the east line of the Sebastian River Middle School and includes the proposed bridge improvements over the St. Sebastian River. The Phase III project was bid on April 5, 2006 and a contract has been awarded for construction. As part of Addendum #8 Services, Masteller & Moler, Inc. requested issuance of a new Army Corps of Engineers (ACOE) permit for Phase III of the project. The originally issued ACOE Nationwide Permit had expired and could not be renewed as the subject Nationwide Permit Program under which this project' s permit had originally been issued was terminated by the Federal Government. Our Addendum #8 services included requesting a new ACOE permit based on the original mitigation design proposed to support issuance of the previous Nationwide Permit. Our services outlined under Addendum # 8 did not include developing additional permit mitigation plans. Upon receipt of the new application, the Army Corps of Engineers (ACOE) claimed more wetlands than were originally claimed with the NWP application. As such, additional permitting and mitigation designs were required to support issuance of the new permit. During the re-permitting process issues arose relating to ACOE wetlands impacts, U. S. Fish & Wildlife Services concerns and State Division of Historical Resources concerns. The ACOE took the position that a new permit would not be issued until all ACOE, USFWS, and Division of Historical Resources concerns relative to the CR 512 Phase III project were resolved. Masteller & Moler, Inc. , along with our Environmental Consultant (Environmental Services, Inc. ) provided permitting services beyond the scope of our contracted services in an effort to resolve the ACOE and USFWS concerns without formal authorization to provide these services from the Indian River County Board of County Commissioners. Masteller & Moler, Inc. proceeded on this basis, in good faith, with Indian River County staff knowledge and agreement in order to not delay the advertising and bidding of the CR 512 Phase III contract. As a result of the efforts of Masteller & Moler, Inc. and our environmental sub-consultant, a new Army Corps of Engineers (ACOE) permit was issued with regard to CR 512 Phase II1. Addendum # 10 was prepared to cover the cost of services to resolve the ACOE issues as previously described. It was agreed that the ACOE would issue a permit contingent upon the fact that the Division of Historical Resources concerns, which were limited to the Lake E site, are addressed by virtue of ESI conducting an archeological assessment survey of the Lake E area within the CR 512 right-of-way improvement corridor based upon guidance and coordination with the Division of Historical Resources. Addendum # 10 also included the fee for preparation of the Archeological Assessment Survey of the Lake E area.