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Home My WebLink About2006-345 ' 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. Addendum # 10 has been approved. Task II of Addendum # 10 contained a breakdown of expenses for both Masteller & Moler, Inc. and Environmental Services, Inc. (ESI). However, Masteller & Moler, Inc. has been advised by ESI that they did not include all of their time and costs in Addendum # 10. A letter dated September 5, 2006 from ESI is attached which explains the circumstances. The total amount which remains outstanding and which should have been included in Addendum 410, Task II is $5 ,875 . 00. We are requesting payment of $5,875. 00 under Addendum # 12 . Total Fees for Addendum # 12 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 875 . 00 IN WITNESS WHEREOF the parties hereto have executed these presents this 3rd day of October _, 2006 . MASTELLE & MOLER, INC. INDIAN RIR COUN s,'� OMMISSION 1655 27h eet, Suite 2 IndiWRiver unty;% rida By: 13110 Step en E. Moler, P.E. ArthL1ER ?N rgex Executive Vice President Chairman, ,', Attest: Attest: ' dao-w-Q Vir a D. Kling FW . Jeffrey K. Barton n Qq Clerk of Court oseph A . Baird , County Administrator APPROVcr.) AS TO FORM AND LEG •'• SUFFICI ;Lr File 49649 By t� (adden412_090506Aoc) LLLIArJ: L11 .EB A ASSISTANT COUNTY ATTORNEY SEP 05v2006 ESI 77246804B2 00 Page 1 ENVIRONMIiM'Ai. SERVICES, INC. IN NORM 4111 MICELI SQ11l: 121 11. 1'J L KU. i4 W R1oA x4950 772-468-0481 • FAX 772-468-0.182 www csinccc 5 Scptcmhcr . 2006 Mr. Farl Mnxteller VIA I ,AK : ( 772 ) 794- 1100 Mnsteller k Mulcr. Inc. 1655 27°' titrcct , wile 2 Vero Vetch . I lorida 32460 RE: CR 512 Rnadway Improvements Indian River County, Florida Out of Scope Items to Contract Ocar Mr. Maslellcr : 1 would like to take Ibis Opportunity to summarize the payment of $ 5 , 875 thal is duc to Envirumn"ital SCryiLes, Inc. ( I SI ) for Out-of-scope. work for the unalrtieipated permit coordination with the U . S . Array Corps of Gngmccrs (COI :). PSI was contracted with Mustcller & Molcr (M& M ) to provide environmental services for CR 512 Roadway Improvements for Phase III and Phase IV . the bids for the CR 512 Phase III Roadway Improvements were due by April 4 . 2006 , with award of the hid to follow shortly . The COE pcamit was initially suhmiged by M & M in September 2005 . tin February 13 . 2006, Stcvc Mnler requested I [SI to provide the COP. reviewer with inlormatiml that was requested t0 help them process the permit application in a timely manner ESI did not have a budget to provide the COI . with the information they requested . BSI ' s cogior w project conlradiu l structure is such that we can not charge time to a job without a task approved by the client in it signed contract. ESI ' s normal process would be for us to get our client to authorize it budgcl lin the vut •ol'-.cups itrm:. This process roucincly takes two to Ihrec months. However, the timely issuance of the COI; permil was it crucial component of the. CR 512 improvemeniz . It was not possible it) delay the award of the hid by two to three monllu while a contract addendum was being negotiated . 1 SI nsed the only mechanism availahlo to it by using the omsting budget remaining within several ol' the open u* ks within our signed contract to address the additional COE requests. Specifically. FSI is requesting compensation lin $ 5 ,875 that wits spent to address thN,. emergency , out- of-scope penniRing lily Phase Ill . The payment of $5 , 875 will replenish the budgcl to complete the permilting for proposed 11hase IV, which is still forthcoming . The specific charges ore itcu»?ed below_ JAI 'X WNVII.1 .1� I Sl'. Anti tirl Nf 9 fncm I ) UNtLR 1212tH.`! I SMANNAII I AtLAWA I RALnGII I E.Iln0lOot I M.AIVII1.r s r UJ , LUUb 1r: Zl 651 J1246BUM 00 Page ENVIRONMENTAL SERVICES. INC. N til Personnel 'Task Hours Hourly Total Rate C1�Sopotnick/Senor Cunsuhatinn/Meetings with CII, 7 $ 125 $875 IlrijcctMantgcr County I (nginctr Lisa Sullivan/Sonia l ield inspection, photos. IUnLOOM11 A $ 88 $4417 . 6 Project Manager asWSSmed711 preparation of respo[tscs to (.' ) f, coordination with Illi fish and Wilillilo Service ( USLWS). CE coordinatioUt, M& M coordination LiuU Sullivan/Senior Maung with the CF. ( Cocoa, Ff, 5 . 5 y88 $484 Project manager rc pate meeting minutes _ Bolutic CopmL of ( T suhinittals , riling i 14 $41 $98 . 4 Vcrro/Administrmivc Assistant Total 1 cxpcLI this infiorouttiou documents the extra etlinY 1 .11 Undertook to address the extensive . emergency , Out-01=Scope permit coordination with the COI : Thal allowed for the expedited and timely isxuaoce of the Permit on May 12, 2006 . LSI will he happy to meet with represcmativcs of Indian River County il' you believe (hat is iweessary . Please eunlaci me should you require any additional information . Sincerely yours, I NVjl( ON1MFNTjALSI (RVI ( ' IS, INC , C Lisa A . Sullivan, PWS Senior Scientist Ce : David Nickerson, IiSI Lenny Ncro, LSI h. 1- 0131 ,00