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Home My WebLink About2009-276 AMENDMENT NUMBER 3 TO WORK ORDER NUMBER 4 ° ' L This Amendment Number 3 to Work Order Number 4 is entered into as of this 20th day Of October 2009 , pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of April 6 , 2004 and amended effective April 7 , 2007 ( as so amended , the "Agreement") , by and between Indian River County, a political subdivision of the State of Florida (" County") and MASTELLER & MOLER , INC . (" CONSULTANT") . 1 . The County has selected the Consultant to perform the professional services set forth in existing Work Order Number 4 , Effective Date July 11 , 2006 . 2 . The County and the Consultant desire to amend this Work Order as set forth on Exhibit 1 attached to this Amendment and made a part hereof by this reference . The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2 and within the timeframe more particularly set forth in Exhibit 3 , all in accordance with the terms and provisions set forth in the Agreement. 3 . From and after the Effective Date of this Amendment, the above-referenced Work Order is amended as set forth in this Amendment . Pursuant to paragraph 1 . 4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein . IN WITNESS WHEREOF , the parties hereto have executed this Amendment to Work Order as of the date first written above . CONSULTANT : BOARD OF COUNTY COMMISSIONERS MASTELLER & MOLER , INC . O INDIAN RIVER COUNTY By : - B /00000 _ arI A "Masfeiler, E . , DEE Wesley S . Davis , Chairman Title : President BCC Approved Date : Oc cober 20 ; 20Ci9 Date : 9/28/2009 Attest: J . K. Ba on , Clerk of Cou ;r By eputy Clerk pproved : r f '). P, r J sun eph A. Baird , County Administrator proved as to form and legal sufficiency : William G . o lins , 11 County Attorney Our File #0627LC September 28 , 2009 NON -EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES AMENDMENT #3 TO " EXHIBIT 1 " Work Authorization #4 , which was approved by the Board of County Commissioners on July 11 , 2006 , included Engineering Services in connection with conversion of an existing 8 " force main to an 8" reuse pipeline . Amendment # 1 was approved to authorize Engineering Services for the removal of the existing 8 " force main and its replacement with a 16" reuse main in accordance with the Reuse Master Plan . Amendment #2 was approved to authorize modifications to the proposed route of the 16" reuse main to satisfy Indian River Farms Water Control District . Construction has commenced on the proposed 16" reuse water main along Lateral G Canal . However, in the course of construction the presence of listed wildlife species were discovered , specifically the gopher tortoise and Florida Scrub Jay . A " Notice To Suspend Work" was issued by the Utilities Department on or about September 17 , 2009 , and will remain in effect until listed species issues are resolved . Also , Utilities Department Staff has identified additional work to be performed in conjunction with the construction of the 16" reuse main . The additional work includes the reconstruction of an existingy connection between an existing 12" reuse main and an existing 6" sewer force main in the 57t Street right-of-way just west of Lateral G Canal , and the construction of a sewer check valve system in the Bent Pine Golf Club site . This Amendment #3 is presented to include tasks for additional professional services necessary to define the areas inhabited by endangered species and determine whether State or Federal permits will be required , and the additional design and inspection services related to the additional utilities work . A brief description of the scope of services and deliverables for Work Authorization #4 , Amendment #3 is provided below: Scope of Services Task C — Design and Construction Services Masteller & Moler, Inc . will provide revised Construction Plan Sheets and details necessary to support the construction of the reuse/sewer connection and sewer check valve assembly system . The connection and check assembly system facilitates the pumping of " non -spec" water from the Bent Pine RIB Site to the Central Wastewater Treatment Plant . This task shall include meetings with County Staff, the Contractor, revisions to the Construction Plans , and construction inspection services . AMENDMENT #3 TO EXHIBIT # 1 9/28/2009 Page 2 Task D — Listed Species Survey & Permitting Masteller & Moler , Inc . will provide for a Listed Species Survey for the construction area in accordance with Florida Fish and Wildlife Conservation Commission ( FFWCC ) and US Fish and Wildlife Service ( USFWS ) requirements . The Listed Species Survey and Permitting services shall be provided using an environmental sub-consultant , ENTRIX , Inc . Aerial exhibits of the project area will be prepared including 53rd Street to 57th Street , the Lateral G Canal right-of-way from 57th Street to 77th Street , and along the north side of 77th Street . The Lateral G exhibits will illustrate the right-of-way and a 100 meter ( 325 feet) area on either side . Exhibits will indicate ingress/egress , limits of clearing & grubbing , staging/storage areas , etc . as necessary to depict the extent of construction activities to State and Federal Agencies . Upon completion of the Listed Species Surveys as described below , we will illustrate on the aerial the locations of tortoise burrows and scrub jay range as necessary . The resulting exhibit will be used to provide direction to the contractor with respect to construction activities . The aerial exhibits will be used by ENTRIX to generate a map depicting the land uses based on the Florida Land Use Cover and Forms Classification System ( FLUCFCS ) within the Lateral G right-of-way and public-owned lands within 100 meters of either side of the Lateral G right-of- way . This map will be used for potential habitat assessment , as well as for use in mapping any construction activities completed prior to the initiation of the survey . Listed species surveys for gopher tortoises and scrub jays will be conducted along the 0 . 5 mile 53rd Street to 57th Street route , and along the approximately 3- mile segment of Lateral G Canal from 57th Street to 77th Street , and an approximately 4004eet segment along the north side of 77th Street on the County ' s Hobart Park Site . 1 . Florida Gopher Tortoise Survey & Permit Application ENTRIX will complete a survey of the construction area per FFWCC standard tortoise survey guidelines to determine the estimated population of tortoises within the construction limits . This survey will map tortoise density per community type , and will provide the framework for any required tortoise permitting . The methodology and results of the survey will be summarized in a narrative with accompanying map(s) . This summary will outline permitting requirements , and will also provide estimated costs associated with each permitting alternative discussed Using the results of the completed survey , ENTRIX will complete and submit the appropriate gopher tortoise relocation permit application to the FFWCC . Based on the size and urban nature of the lands within the easement , this proposal has assumed that a " 10 or fewer" FFWCC permit will be the appropriate mechanism for addressing tortoises within developed portions of the property . Should the on-site population exceed the standards for the 10 or fewer" permit , an off-site relocation permit will be required . State fees as well as mitigation bank fees would be an additional cost should this alternative be required . Tortoise relocation and off-site relocation costs have not been included within this proposal . One ( 1 ) copy of the permit application and associated documentation will be submitted to the County for their review and file . There is a standard fee of $200 associated with the " 10 or fewer" permit application ; all permit application fees shall be the responsibility of the County . AMENDMENT #3 TO EXHIBIT # 1 9/28/2009 Page 3 2 . Florida Scrub Jay Survey A Florida Scrub Jay Survey will be completed based on guidelines set forth by the U . S . Fish and Wildlife Service ( USFWS ) and the Florida Fish and Wildlife Conservation Commission ( FFWCC ) . The survey will consist of a survey over a five-day period beginning one ( 1 ) hour after daylight , and terminating daily before mid -day . Call stations will be established at 200 meter intervals along the entire length of the easement . Within areas that are under public ownership adjacent to the easement , call stations will also be established at 50 meter and 100 meter intervals perpendicular to the easement. A recording of the scrub jay alarm call will be played in all four (4) directions at each station , based on USFWS survey protocol . Notes regarding scrub jay observations ( i . e . number observed , gender, flight patterns , other avian species identified , etc . ) will be recorded at each call station . Photos of each station will be taken to provide an overview of existing conditions . The survey will be completed when weather conditions are suitable , to provide optimal survey conditions . The methodology and results of the survey will be summarized in a narrative with accompanying map (s) . Additional Permitting The scope of services described above is based on FFWCCIs " 10 or fewer" Gopher Tortoise Permitting requirements . Should the on-site population exceed the standards for the " 10 or fewer" permit , an off-site relocation permit will be required . State fees as well as mitigation bank fees would be an additional cost should this alternative be required . Tortoise relocation and off- site relocation costs have not been included within this proposal . Since Florida Scrub Jay Permitting requirements will be determined by the Survey proposed above , fees associated with Scrub Jay permitting are not included . Additional gopher tortoise and scrub jay permitting , if necessary , will be described in a future Amendment . Y:Vnm\Projects\2006\0627\ADMIN\Contracts\AMENDMENT #3\0627_Exhibit 1 _Amen#3_09-0928.doc Our File #0627LC September 28 , 2009 NON -EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES AMENDMENT #3 TO " EXHIBIT 2 " Method and Amount of Compensation Masteller & Moler, Inc . proposes to provide the above Scope of Services based on the following lump sum fees : Task C — Design and Construction Services Engineering design , revision of Construction Plans , and Field Construction Observation $ 1 , 320 . 00 Services . Task D — Listed Species Survey & Permitting Engineering and Environmental services for Gopher Tortoise Survey and Permitting ; and $ 15 , 165 . 00 Scrub Jay Survey . Y:\mm\Projects\2006\06271ADMIN\Contracts\AMENDMENT #3\0627_Exhibit 2_Amen#3_rev 0M929.doc Our File #0627LC September 28 , 2009 NON -EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES AMENDMENT #3 TO " EXHIBIT 2 " Method and Amount of Compensation Masteller & Moler , Inc . proposes to provide the above Scope of Services based on the following lump sum fees : Task C — Design and Construction Services Engineering design , revision of Construction Plans , and Field $ 11320 . 00 Construction Observation Services . Task D — Listed Species Survey & Permitting Engineering and Environmental services for Gopher Tortoise $ 15 , 165 . 00 Survey and Permitting ; and Scrub Jay Survey . Total Tasks C and D $ 16 , 485 . 00 Y:\mm\Projects\2006\0627\ADMIN\Contracts\AMEN DM ENT #3\0627_Exhibit 2_Amen#3_rev 09-0929 .doc AMENDMENT #3 TO " EXHIBIT #2" 9/28/2009 LUMP SUM FEE TABULATION INDIAN RIVER COUNTY ADDITIONAL PROFESSIONAL SERVICES FOR LATERAL G 16" REUSE MAIN Professional Engineer Pro'ect Engineer Desi ner CAD Pro'ect Inspector Administration $ 155. 00 $ 125 . 00 $ 80 . 00 $ 70 . 00 $ 45 . 00 Total Costs Comments Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Engineering Design & 0 $ _ 4 $ 500 . 00 8 $ 640 . 00 0 $ - 4 $ 180 . 00 $ 11320 . 00 Inspection Listed Species Survey & 8 $ 11240 . 00 12 $ 1 , 500. 00 24 $ 11920 . 00 0 $ 9 $ 405. 00 $ 57065 . 00 Permitting Total (hrs/cost) 8 $ 1 ,240 . 00 16 $ 21000. 00 32 $ 2 ,560. 00 0 $ - 13 $ 585 . 00 $ 67385 . 00 Sub-consultant Environmental $ 10 . 100. 00 TOTAL TOTAL $ 16 ,485 . 00 Fde00627LC Y:MmXPmjects%2008\0627\ADMINIContracts\AMENDMENT #3\0827 Sched_manhourSrev 09-0929.)ds Our File #0627LC September 28 , 2009 NON -EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES AMENDMENT #3 TO " EXHIBIT #3 " • Time of Performance The estimated time frame for completion of services from the approval of this Amendment #3 to Work Authorization #4 is as follows : MILESTONE M COMPLETION Task C — Engineering & Inspection 15 days Task D — Listed Species Survey & Permitting : 15 days* *All professional services will be complete within 15 days of approval ; Agency review of permit applications is expected to require a minimum of 30 days . Y:\mm\Projects\2006\0627WDMIN\Contracts\AMENDMENT #3\0627_Exhibit 3 Amen#3_0M928.doc