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Home My WebLink About2004-259 , • � y r AMENDMENT NUMBER 2 TO WORK ORDER NUMBER 1 This Amendment Number 2 to Work Order Number 1 ( "Amendment" ) is entered into as of this 19th day of October 2004 ( " Effective Date ") pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of April 6 , 2004 ( "Agreement" ) , by and between Indian River County , a political subdivision of the State of Florida (" COUNTY") and Brown and Caldwell ( " CONSULTANT" ) . 1 . The COUNTY has selected the Consultant to perform the professional services set forth in Work Order Number 1 dated April 13 , 2004 2 . The COUNTY and the Consultant desire to amend Work Order Number 1 as set forth in Attachments 1 and 2 attached to this Amendment and made a part hereof by this reference , all in accordance with the terms and provisions set forth in the Agreement . 3 . From and after the Effective Date of this Amendment , Work Order Number 1 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 as of the Effective Date first written above . BOARD OF COUNTY COMMISSIONERS BROWN AND CALDWELL OF INDIAN RIVER COUNTY P4 I By ` By lfo 5-ems , 00 mes A . Nissen , P . E . , DEE Caroline D . GA , °chairman BCC Approved : .: October 19 , . 20A4 . T Senior Associate Attest : J . K . Bart 9, Clerk of. Court By dje� Or . , ,. Deputy Clerk Approved : A4 J seph A . Baird , County Administrator e s to forma d leaaJ su ie cy : riarIT . Fell , Ass -untyatromey 14 f r t ATTACHMENT 1 TO AMENDMENT NO. 2 INDIAN RIVER COUNTY UTILITIES DEPARTMENT OPERATIONS CENTER COMPLEX SCOPE OF SERVICES Amendment No . 2 modifies the scope of work in Work Order No . 1 for design, permitting, bidding and construction services of the Utilities Department ' s Operational Complex to include activities associated with additional site environmental work necessitated by the discovery of gopher tortoise burrows on the proposed developmental site . After initial site investigation and follow-up with County environmental staff, it was determined there are approximately 12 burrows on the developmental site . Although the burrows appear to be either "inactive" or "old" , the destruction of a gopher tortoise burrow constitutes a "taking" which requires permitting through the Florida Fish and Wildlife Conservation Commission . It is imperative the status of the on- site burrows be known in time to allow for permitting should any burrows be found "active" . We propose a scope of services which provides for gopher tortoise burrow investigation and subsequent "taking" depending upon the outcome of the investigation . The scope of Amendment No . 2 will cover the potential range of actions necessary to assure proper environmental consideration be provided to any on- site gopher tortoise habitat. Scope of Services GOPHER TORTOISES OCCUPY SITE (MORE THAN 5) 1 . Conduct a gopher tortoise survey of the 15f acre developmental site to determine a population estimate based on burrow classification in accordance with the Florida Fish and Wildlife Conservation (FFWC) protocol as described in "Cox" , et al. ( 1987) . Where conditions permit, a gopher tortoise burrow camera will be utilized to assist in the determination of burrow use and/or occupancy . 2 . Prepare and submit a letter report concluding the survey findings . 3 . Consult with the County regarding the various options for protection and/or "taking" of gopher tortoises . 4 . Prepare reports and documents to the FFWC for the purchase of acreage from the FFWC gopher tortoise mitigation bank . 5 . Coordinate with the FFWC concerning the purchase of mitigation bank acreage . 6 . After mitigation of tortoise "taking", should the County wish to relocate any of the tortoises to the remaining adjacent undeveloped site without subjecting the site to a conservation easement, supervise extraction of the gopher tortoise and relocate them in accordance with FFWC protocol . The County will provide backhoe equipment and an operator to extract the gopher tortoise as directed by environmental consultant . If fewer gopher tortoises are found to occupy the site , the scope of work will be revised in accordance with the alternatives presented below. ALTERNATIVE I — GOPHER TORTOISE DO NOT OCCUPY SITE 1 . Conduct a gopher tortoise survey of the 15 ± acre developmental site to determine a population estimate based on burrow classification in accordance with the Florida Fish and Wildlife Conservation (FFWC ) protocol as described in "Cox", et al. ( 1987) . Where conditions permit, a gopher tortoise burrow camera will be utilized to assist in the determination of burrow use and/or occupancy . 2 . Prepare and submit a letter report concluding the survey findings . 3 . If tortoises are not found to occupy the site, confirm this with the FFWC and attend a site inspection with FFWC staff. ALTERNATIVE II — GOPHER TORTOISE OCCUPY SITE (5 OR FEWER) 1 . Conduct a gopher tortoise survey of the 15 ± acre developmental site to determine a population estimate based on burrow classification in accordance with the Florida Fish and Wildlife Conservation (FFWC) protocol as described in "Cox", et al. ( 1987) . Where conditions permit, a gopher tortoise burrow camera will be utilized to assist in the determination of burrow use and/or occupancy . 2 . Prepare and submit a letter report concluding the survey findings . 3 . Prepare and submit an application to the FFWC to relocate five or fewer gopher tortoise on the remaining adjacent undeveloped site, without subjecting the site to a conservation easement . 4 . Supervise extraction of the gopher tortoise and relocate them on the remaining adjacent undeveloped site in accordance with FFWC protocol . The County will provide backhoe equipment and an operator to extract the gopher tortoise as directed by environmental consultant . ATTACHMENT 2 TO AMENDMENT NO . 2 INDIAN RIVER COUNTY UTILITIES DEPARTMENT OPERATIONS CENTER COMPLEX Brown and Caldwell proposes to complete the Scope of Services described in Amendment No . 2 for a lump sum price of $ 9 , 000 . 00 . Brown and Caldwell will credit the County as indicated below if the scope of work is reduced due to the presence of five or fewer Gopher Tortoises on the project site . No . 2 AMENDMENT COST ASSUMING 15 GOPHER TORTOISES ON-SITE $ 9,000 . 00 Amendment 2 Scope Alternates Credit Amount ALTERNATIVE I — Gopher Tortoises Do $ 6 , 600 . 00 Not Occupy Site ALTERNATIVE 11 — Gopher Tortoises $ 3 , 500 . 00 Occupy Site ( 5 or less) ATTACHMENT 3 TO AMENDMENT NO. 2 INDIAN RIVER COUNTY UTILITIES DEPARTMENT OPERATIONS CENTER COMPLEX PROJECT IMPLEMENTATION SCHEDULE Amendment No . 2 does not affect the implementation schedule for the planning, design, permitting and construction of the Operations Center Complex . The original project schedule included with Work Order No . 1 is presented below for reference . Milestone Completion Date Notice to Proceed March 29 , 2004 Site Investigations April 30 , 2004 Preliminary Design Submittal May 14 , 2004 Site Plan Approval July 16 , 2004 Construction Plans/Specifications August 31 , 2004 Permits Obtained October 29 , 2004 Building Department Approval October 29 , 2004 Bidding/Construction Contract Award November 26 , 2004 Substantial Construction Completion July 29 , 2005 Final Construction Completed September 2 , 2005 Project Closeout September 30, 2005 Assuming that Notice to Proceed is issued by March 29 , 2004 and Site Plan approval is obtained from the Planning Department in 60 days or less from the date of initial submittal , construction plans and specifications will be completed by August 31 , 2004 . All subsequent milestone completion dates are projected and subject to change . Change Order No . 1 _Attachment 3 . doc 8/25 /2004