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2007-13Memo To: Wayne Saunders, City Manager ,,~ From: Tamara Richardson, PE, City Engineer CC: Date: February 16, 2007 Re: Gopher Tortoise Survey and Permitting Greater Hills Water Treatment Plant Boyle Engineering Scope of Services Attached is the Proposal from Boyle Engineering for Professional Services to perform the survey of gopher tortoise locations and permit the handling of the gopher tortoises on the construction site of the Greater Hills Water Treatment Plant in anticipation of the proposed construction project. The purpose of the permit with the Florida Fish and Wildlife Conservation Commission is to allow the City to move tortoises from the limits of construction and relocate them on-site. The permit would be valid for the life of the project and will not have to be renewed for future expansions within the same project boundaries. The attached scope of services offers several options for the project. At this time, we I am requesting authorization of Task Group 1 and Task Group 2, items 2.1 and 2.2. The remaining scope will be reevaluated once the survey and permitting are complete. The fees for Boyle Engineering to perform the required services are $4,880.00, not including the capture or mitigation of the gopher tortoises. These costs will be brought before the Council once the survey is complete. I request Council approval to authorize Boyle Engineering to move forward with the survey and permitting according to the attached proposal. CITE ~F CLER.MfJNT, FLCJRII~-A SCUPS OF SERVICES City of Clermont Greater Hills Water Treatment Plant Expansion Gopher Tortoise Survey and Management Plan Services February 6, 2Q07 ____. _ _._.-- _~_v..__.__.__~__._~______. Greater Hills W `Cf _T(> 14.doc 1 F3©i!'~L E Task Order No. '!4 Scope of .Services City of Giermont -Greater Hills Water Treatment Plant Expansion Gopher Tortoise Survey and Management Plan Services This Scope of Services is Task C?rder No. 14 pursuant to the Enlineerirlg Consulting Services Agreement slated Axrgust 12`", 20(}3 between the City of Clermont, hereinafter referred to as "C'I'1"Y", and Boyle Engineering Corporation, hereinafter referred to as "ENGINEER". A. Background Discussion The City of Clernnoxxt has undertaken the expansion of the Greater Hills Water Treatment Facility including the installation of a raw water main line. Gopher tortaise burrows were found on the project site and a preliminary map ofthe burrow locations prepared (Exhibit I). Gopher tortoise (Gopher°us polypfrernus) is listed by the Florida Fish anti Wildlife Conservation Commission (FWC) as a Species of Special Concern and are afforded special protections under the law (Rules 68A-25.002, 6tiA-27.005 F.A.C.). The FWC resluires that developments that may harm gopher tortaise or their habitat submit a management plan for approval priar to any site development. The FWC has established guidelines for gopher tortoise management plans that may include any one or a combination of the following alternatives: • Capture and relocation of the gopher tortoises to an on-site preserve + Capture and relocation of the gopher tortoises to an approved off site location • Procure an. Incidental Take Permit (ITP) that allows f'or the development of gopher tortoise habitat and. the incidental entombment of gopher tortoises that may be in their burrows during construction, As a condition of ITP issuance, applicants are required to pay a fee to the FWC gopher tortoise management trust fund or provide gopher tortoise habitat as mitigation. The FWC is currently revicr~ving the ITI' guidelines with the intention of doing away with this alternative. The following scope of services is intended to provide the C1TY with the ecological services required to permit and implement a gopher tortoise management plan for the Greater Hills Water Treatment Plant Expansion. Three alternative management plans are provided that are intended to expeditiously permit and implement a management plan while not harming the gopher tortoises. '['he first alternative is to obtain an ITP, capture the gopher tortoises, and relocate them. to a suitable on-site area. The second alternative is to obtain a relocation permit then capture and relocate the gopher tortoises to an approved off site location. Tlae Third alternative is to obtain a relocation permit then capture the gopher tortoises t,a an on-site preservation area for release back. onto the site once construction is complete. B, Scope of Services Task 1. Qaantitative Gopher Tortoise Survey 1.1 The ENGINEER will survey the project site far gopher tortoise burrows per the methodology of the FWC (FWC Technical Publication ~k, 1987). The survey will be sufficient for the estimation of gopher tortaise population density on the project site and suitable for submittal. with permit applications to the FWC. Greater Hills wTF 'I'(714.doc 2 /~Q~~' +~ 1.2 'The ENGINEER will prepare a brief memorandum to the CITY summarizing the results of the survey and a specific recommendation of the most appaprate alternative gopher tortoise management plan. Task 2. Gopher Tortoise Managemen# Plan Permitting and Implementation Alternative I - ITI' and On-site Relaeatian of gopher tartaises 2.1, Collect data required far completing the ITP applicatian 2.1..1 Gopher tortoise survey results (fi•otn Task 1) 2.1,2 Project site location, soil, topol,~t•aphic, gapher tortoise habitat, and site plan 2.2. Prepare and submit I'TP applicatian to the FWC. The CITY will be regpansible far the ITP mitigation 1:cc, which is to be paid. directly to the FWC. 2.3. I?etine a gopher tortoise preservation area on the project site plan during site plarx development suffiicient to support the captured gopher tortoises during construction. 2.4. Coordinate with the awarded contractor to have the on-site gopher tortoise preservation area enclosed prior to the capture of tortoises. 2.5. Capture gopher tortoises an-site using bucket traps as approved by the FWC'. A backhoe is assumed to be potentially too destructive for use on the project site due to underground utilities. The hWC requires bucket traps to be employed for 2g days before burrows can be declared abandoned. Captured gopher tortoises will. be relocated to the on-site preserve. Starter burrows will be excavated for the gopher tortoises. The CITY will provide any supplemental food if required. 2.6. Conduct weekly inspections of the gapher tortoise preservatian areas during site construction of the water main and coordinate with the CITY as apprapriate (4 hrs/ visitl72 weeks). 2.7. U-pen completion of the site construction, the enclosure will be removed and the gapher tartaises allowed access to the rest of the project site. 2.8. Provide the CITY a memorandum documenting the relocation and release a:f the gapher tortoises on-site. Alternative 2 -Off-site Relaeatian of Gopher Tortoises 2.9 Collect data required for completing the relocation permit applicatian 2.9.1 Gopher tortoise survey results (from 'T'ask 1) 2.9.2 Project site location, soil, topographic, habitat, and site plan 2.9.3 Recipient site location, soil., topographic, habitat, and management plan data (to be provided by the: recipient site owner) 2.14 Coardinate with the recipient site owner or owner's representative to acquire the proper contract and permit materials for the Cl"fY. The CITY will be required to contract directly with the recipient site owner or representative and pay all associated retainers and fees. 2.11 Prepare and submit the relocation permit applicatian to the FWC. 2.12 Capture gopher tortoises on-site using Frucket traps as approved by the FWCr. A backhoe is assumed to be potentially too destruct.ivc far use on the project site due to underground utilities. The FWC requires bucket traps to be employed for 28 days before burrows can be declared abandoned.. c„-efltE~ t-rns w•rt= T'C1~a.doc _ ~-.~....__-_.-_.-~.... _.-_. _-_._,M3Q4"GE 2.13 Captured gopher tortoises will be transparted to the recipient site owner ar representative the. same day as they are captured. 2.1.4 Prepare and submit a relocation permit completion report to the FWC. Alternative 3 - On-site 12elocation of Gopher Tortoises 2.15 Coltect data required for completing the relocation penxlit apphcatian 2.1 S. l Gopher tortoise survey results (from Task 1 } 2..1.5.2 Project site locatian, soil, topographic, habitat, and site plan data 2.16 Prepare and submit the relocation permit application to the FWC. 2.17 C;apt~.ire gopher tortoises on-site using bucket traps as approved by the FWC. A backhoe is assumed to be potentially too destructive for use an the project site- due to underground utilities. The IaWC requires bucket traps to be employed for 28 days before burrows can be declared abandoned. Captured gopher tortoises will be transported to the on site gopher tartoise preservation area the same day as they are captured. 2,18 Conduct weakly inspections of the gopher tortoise preservation areas during the construction and coordinate with. the CITY as appropriate. Release the gopher tortoises upon eompletian of the constructian. 2.19 Prepare and submit a relocation permit completion report to the FWC. C. City's Responsbi{ities The CITY will provide the following information and services: l . Review and sign all permit applications and reports in a timely .manner. 2. Pay all permit applicatian, mitigation, relocatian fees to the FWC and recipient site owners. 3. Contract directly with the recipient site owner or representative, if required. D. Services Not Included The following sections will be excluded from the permit application. In response to the request of the FWC, the CITY may direct the ENGINI;1sR to add the excluded sections to the scope of work. Additional compensation for the excluded. sections will be determined at that time. 1. Wetland or other field investigations net specifically detailed in the scope of services 2. Freparataon of permit applications net specifically detailed in this scope of services. 3. The evaluation af' gopher tortoise management plan alternatives not listed in this scope of services. 4. The supply or installation of materials needed to corral gopher tortoises an site during constructian. S. The supply of supplemental food and water far gopher tortoises rfnecessary. E. Deliverables The ENGI1'~IEER will provide: sreat~r ~t~i~s w-rrW •roi4.doc 4 /5tG7ti'LE' 1. Gopher tortoise survey memo and maps 2. One copy of all permit applications submitted on behalf of the CI`T'Y 3. Copies of the contracts Pram the recipient site owner or representative for execution by the C:'I`I'Y F. Compensation This Scope of Sen=ices establishes a lump sum f'ee of $2,447 far the Task 1 services described in )xhibit 2. fees were deterniined based an the assumptions presented herein. Progress payments shalt be due anti payable monthly an a percent complete basis as estimated by the IaNGINEF;R. A separate authorization will be provided. as an amendment: to this Task Orcler to establish the compensation far the selected alternative for'I'ask 2. I'he compensation from the alternatives are presented and. described in exhibit 2. C. Schedule It is the ENGINEERS understanding that the CITY wishes to begin construction on the project site in June 21)07. The ENGINEER is not responsible for the amount of time the FWC takes to review and approve perrrtit applications. The review time is generally between 30 and 90 days. The ENGINEER understands the condensed schedule and need for expeditious service. Services pursuant to this Scope of Services will commence upon ENGINEER's receipt of written authorization from CITY. It is anticipated that the permit. application will be prepared and submitted within 30 days Pram Notice To Proceed, assuming timely delivery of City's apprizval. ENGINEER. will observe the time limitations; however, should there be delays in receiving inf'ormatian trom others and in obtaining subsequent autharizatian, approvals, and review comments from the C;I'I'Y, and other governmental agencies, the schedule will be updated and adjusted. as mutt;tally agreed upon by ENGINEER and CITY. ENGINEER shall not he responsible for delays that occur as the result of action. or inaction by regulatory agencies. H. Au#horiza#ion i'his Task Order serves as an Exhibit to the Consultant Agreement dated August 12, 2003, between the City of Clermont anal Boyle Engineering Corporation, and is hereby incorporated into this Task Order by reference. IN WITNESS WHEREOF, I30Yt,E and CITY have executed this "I"ask Order this '~•,~~~~FX1~day of . , 2007. `.>3oYL~„ BOYLE ENG E ING CORPORATION By: A. Thomas Brown, I'E Vice President "C;ITY>, CI'T'Y OI` CLERMON f r' ..' -~--.__ Harold S. Turville, .Ir. IYlayor C3re~ter 1lills wTr_f'OIA.dc>c $ ~(?iy!(~E ELI-III~IT 1 Preliminary Gopher 'Tortoise Survey Greater Mils Wl'f~ _"T(~14.doc ( ;~~~f~,~C JI W ~. '~~ ~ , ;y + ~' i' mil t C+'. ~ y {~6 t j ~ ~Q .a.. u ~ ~ ~ ,~ ~iJ.+ . 11~' fi ~ S j 4 ~.^. { ~ ~ ~ '~ Q t I 1' o ~ ~ U7 S~ 3 ~~ ~ Mme/' ~,~ ,~ , ,, ~' `~' ~'~~ ~ . '~ ~_ ~ ''~ . ~~~ r . .. ~ ~ ~Y A4 t. w . "~~t... ~E/ "'" .r `~ ~1 ~ r-~-.-~.- . r, C7 ~ ~ %1h'. ~7} F s1 C 3 ~ r ?~ ~ , 7+ C tEi } ~ ; ~ N > ~ ~~ ~ 4~ ~ a ~ ~~~~ ~ f [ :y ~ as N ~ ~ .~ } i ~~ w i t? 1- ~ G ~` . .y; ~. ry, ~ t ~~ S. -- .~. F ~ f i .~i ` j ~, ~a ~ ', ,o, X~ +.~ ~ c ~ '. } EXHIBIT 2 Projected Project Costs theater Hills K'1'~ 'POtd.doe 7 f„~j~'ljdj; ~ r N m d .Q a rry~+ ~Y i+ j`i 6 L. y U ~.' 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