#18-7245 Amendment #2 (Taylor Engineering) SECOND AMENDMENT TO AGREEMENT#18-7245
FOR COLLIER COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT PLAN
THIS AMENDMENT, made and entered into on this day of 10011(1r 2018,
by and between Taylor Engineering, Inc., (the "Consultant") and Board of County Commissioners
for Collier County, a political subdivision of the State of Florida, (the "County"):
WHEREAS, on July 10, 2018 (Agenda Item 11.H), the County entered into an Agreement
with Consultant to obtain the professional engineering services for project development and permitting
of the Collier County Comprehensive Watershed Improvement Plan; and
WHEREAS, on September 24, 2018,the County administratively approved First Amendment
to the Agreement to replace Schedule E, Truth in Negotiation Certificate with an updated Schedule E
containing the vendor's signature; and
WHEREAS, the Parties desire to further amend the Agreement to: (i) add Task 1.5,
Countywide Evaluation of FDEP Comprehensive Verified List, for the lump sum of $44,490, (ii) add
Subtask 1.5.1, Coordination with FDEP: Numeric Nutrient Criteria for Rookery Bay, for the time and
materials amount of $12,833, (iii) delete Task 2.3, Grants Management for $35,916, (iv) reduce
Contingency from $125,000 to $103,593, which will retain the amount of the contract award at
$1,499,994, and (v) allow Lump Sum payments.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by reference.
2. Schedule A, incorporates Task 1.5, Countywide Evaluation of FDEP Comprehensive Verified
List, and subtasks 1.5.1, Coordination with FDEP: Numeric Nutrient Criteria for Rookery Bay, as
amended in the attached schedule.
3. Schedule A, page 4 title section is modified as follows"Phase 2—Permitting "
and task #2.3 Grant Management Activities is stricken from the Agreement in its entirety, as
amended in the attached schedule.
4. Schedule B- Basis of Compensation, incorporates Task 1.5, Countywide Evaluation of FDEP
Comprehensive Verified List, and subtasks 1.5.1, Coordination with FDEP: Numeric Nutrient
Criteria for Rookery Bay, as amended in the attached schedule, and allows for lump sum
payments as provided therein.
5. Schedule C- Project Milestone Schedule, incorporates Task 1.5, Countywide Evaluation of
FDEP Comprehensive Verified List, and subtasks 1.5.1, Coordination with FDEP: Numeric
Nutrient Criteria for Rookery Bay, as amended in the attached schedule.
6. Except as modified, all other terms and conditions of the Agreement shall remain the same.
Words Struck-Trough are deleted; Words Underlined are added
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18-7245—Collier County Comprehensive Watershed Improvement Plan
Schedule A
1.5 Countywide Evaluation of FDEP Comprehensive Verified List
Within the FDEP's latest Comprehensive Verified Impaired List (December 18, 2017), there are
numerous WBID-impairment combinations for water bodies, including impairments for dissolved
oxygen, nutrients in terms of both Trophic State Index (TSI), chlorophyll-a, and fecal coliform bacteria.
Prior to commencing with further steps such as the development of Total Maximum Daily Loads
(TMDLs) and the development of Basin Management Action Plans (BMAPs) Collier County wishes to
review those WBID-impairment combinations that involve water bodies within the County. In addition,
there are a number of TMDLs for waterbodies in Collier County, some of which are based on water
quality criteria that are no longer used by FDEP to determine impairment. In addition to the concerns
with problematic impairment determinations,the load reductions called for in TMDLs can directly impact
the COUNTY's budget for capital improvement projects, as TMDLs lead, by rule, to BMAPs, which are
meant to be"self-implementing"through the National Pollutant Discharge Elimination System (NPDES)
permitting process, and the need for the COUNTY to update its NPDES permit with FDEP.
The Scope of Work for this task involves the following subtasks to be completed by subconsultant
Environmental Science Associates(ESA): 1)review of datasets used by FDEP to create its most recent
(December 18, 2017) comprehensive verified impairment list, to include an assessment of the
appropriateness of locations of sampling locations for ambient water quality characterization, 2) a
comparison of recent water quality data against current regulatory criteria for dissolved oxygen,
pathogens (i.e., fecal coliform vs. enterococci bacteria) and nutrients (i.e., TSI vs. Numeric Nutrient
Concentration (NNC) criteria for each impaired waterbody, with a particular focus on the potential for
discrepancies between impairments at WBID vs. Estuarine Nutrient Region scales, 3) attendance at
and presentations to a meeting within Collier County to present draft findings for peer review, 4)
preparation of a draft final Technical Memorandum summarizing findings, 5) attendance and
presentation of findings at a meeting in Tallahassee with FDEP staff at Manager and/or Director levels
for those departments with relevant responsibilities, and 6) after receiving comments from COUNTY
staff, production of a final Technical Memorandum.
Review of Datasets used to create FDEP's Verified Impaired List — The purpose of this subtask is to
review the station locations, attribution of stations to appropriate WBIDs, and the appropriateness of
sample sites for characterization of ambient water quality for waterbodies in Collier County that have
been determined by FDEP to be impaired for nutrients in their latest comprehensive verified impaired
list (December 18, 2017). Data sets examined will include the IWR data set used by FDEP, as well as
additional data sets — as available — from the COUNTY and/or other water quality monitoring efforts.
Potential influencing factors examined will include station locations (i.e., along shoreline vs. in open
water) and general climatic factors (i.e., influences of droughts, hurricanes, El Nino events, or other
hydrologic factors).
Comparison of Impairment Determinations Using Current Regulatory Criteria—Using methodology laid
out in the State of Florida's Surface Water Quality Standards (FAC 62-302) and the Impaired Waters
Rule (62-303), water quality impairment determinations (for FDEP-determined "impaired"water bodies)
will be compared using both the Trophic State Index (TSI) and the newly adopted Numeric Nutrient
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Concentration criteria (NNC). Using the guidance provided in the State of Florida's NNC derivation
process, those lakes with sufficient water quality for determining NNC guidance for TN and TP targets
will be compared as to their impairment status using TSI.
Presentation to Public / Peer Review At the direction of staff from the COUNTY, participation at a
meeting within Collier County to present data sources, methodology, findings and interpretation of
findings to a meeting consisting of stakeholders chosen by the COUNTY. Comments will be used to
help interpret data within the context of a Draft Technical Memorandum.
Draft Technical Memorandum — Based on comments received from COUNTY staff and other
stakeholders at the Public Meeting, develop a Draft Technical Memorandum including background, data
sources, analytical methods employed, maps, figures and tables necessary to convey general and
specific findings, and an interpretation of results as to implications to the COUNTY, related to existing
and potential future TMDL obligations.
Attendance and Presentation to FDEP in Tallahassee—In coordination with the COUNTY, presentation
of findings related to the above-described review of impairment determinations and TMDL assessments
to senior-level FDEP staff. Efforts will be made to include participation by FDEP staff in management
positions, as well as technical staff, so that any problematic impairment determinations or concerns
about approved TMDLs would be discussed at a staff level that would allow for FDEP to direct staff to
appropriate respond to any legitimate concerns raised by the COUNTY. Although FDEP's actions
cannot be dictated by the COUNTY, past experience has shown that FDEP staff can and will respond
to scientifically valid concerns, up to and including revising impairment determinations and/or TMDLs if
that is the logical and appropriate course of action for FDEP.
Final Technical Memorandum — Based on comments received from COUNTY staff on the Draft
Technical Memorandum, production of a Final Technical Memorandum that incorporates suggested
edits, additions and/or revisions of the original draft document.
1.5.1 Coordination with FDEP: Numeric Nutrient Criteria for Rookery Bay
Under this Task, Consultant will participate in meetings with the COUNTY, stakeholders, and the FDEP,
and conduct a focused technical review of the data and analysis prepared under Task 2.3.1, specifically
for WBIDs of concern to the CWIP/RESTORE project:
• 3278U — Rookery Bay coastal —impaired (chlorophyll / N, P) — Receiving waters for the
rehydration project flows
• 32780—Marco Island, (unimpaired)—Directly adjacent WBID in flow path direction (East Marco
Bay)
• 3259M Thousand Island - impaired (fecal coliform only) —WBID adjacent 3278U; may receive
some water from 3278U
The Consultant will review the data (sample locations, identifiers, data, etc.) and analyses (equations,
assumptions, etc.) used to determine impairment status of the above water bodies to prepare for
negotiations with FDEP regarding the impairment status of Rookery Bay. Although not anticipated at
this time, preparation of alternative numeric nutrient criteria and navigating the approvals process
through FDEP may be conducted upon separate written authorization from the COUNTY.
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* * * * *
Phase 2—Permitting
* * * * *
- - -- - - - - - -" - - - - - - - _e•.. -- e-. • . - - - - --- - -
* * * * *
* * * * *
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SCHEDULE B
BASIS OF COMPENSATION
1.MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of
its monthly invoice a progress report reflecting the Project status, in terms of the total work effort
estimated to be required for the completion of the Basic Services and any authorized Additional
Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall
show all Service items and the percentage complete of each item.
2.COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the
payments to CONSULTANT in accordance with the terms stated below. Payments will be made in
accordance with the following Schedule; however,the payment of any particular line item noted below
shall not be due until services associated with any such line item have been completed or partially
completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the
percentage complete. In no event shall such Time and Materials compensation exceed the amounts
set forth in the table below.
Tasks/Item Description Lump Sum Time and
Materials
Not-To-
Exceed
1.1 Team Workshop and Data Compilation $ $ 31,845.00
1.2 Agency/Stakeholder Coordination and Pre- $ $ 79,204.00
1.3 Environmental Data Collection and Analysis $ $ 551,877.00
1.4 Hydrologic, Hydraulic, and Water Quality Analysis $ $ 373,964.00
1.5 Count wide Evaluation of FDEP Comprehensive $44,490.00 $
1.5.1 (subtask) Coordination with FDEP-NNC for Rookery Bay $ $ 12,833.00
2.1 Permit Applications $ $ 163,388.00
2.2 Preliminary Design Plans $ $ 138,800.00
2.3 Gram-Management $ $ 35,916.00
4 Contingency
$ 103,593.00
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Total Lump Sum Fee $44,490.00 $
Total Time and Materials Fee $ $ 1,499,994.00
$1,455,504.00
GRAND TOTAL FEE $ $1,499,994.00
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* * * * *
* * * * *
B.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be
paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay
without the COUNTY's prior written approval.
B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under
Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and
Additional Services during the subject billing month.
* * * * *
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Cumulative Number
of Calendar Days For
Task/Item Completion from
Date of
Description
Notice to Proceed for
Services under this
Agreement
1.1 Team Workshop and Data Compilation 730
1.2 Agency/Stakeholder Coordination and 730
Pre-Application Meetings
1.3 Environmental Data Collection and Analysis 730
1.4 Hydrologic, Hydraulic, and Water Quality 730
Analysis
1.5 ' - - - - - _. 730
Countywide Evaluation and Coordination of
FDEP Comprehensive Verified List
(includes subtask 1.5.1 Coordination with FDEP-
NNC for Rookery Bay
2.1 Permit Applications 730
2.2 Preliminary Design Plans 730
24 Gr-ant-Management 7-30
2-4-2_3 Contingency 730
* * * * *
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person
or agent, have executed this Amendment on the date and year first written above.
ATTEST:
Crystal K. Kinzel, Clerk of Courts& BOARD OF COUNTY COMMISSIONERS
Comptroller , COLLIER CO •TY, FLORIDA
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Dated: "11'60
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(SEAL) Attest,as'to Chairman's
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CONSULTANT'S WITNESSES: CONSULTANT:
TAYLOR ENGI ERING, INC.
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