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Backup Documents 11/13/2018 Item #16A25 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 2 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE k VAC THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwardedAtfr(IF o t?j 6ittorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received to4nIf M oWiey Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP k ManaGGement Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document> rea'dy corHplete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 11.i.sk241anagatueat. ■ I/P 2. County Attorney Office County Attorney Office ////5)) 4. BCC Office Board of County Commissioners \r\7 / l\`\S\\4 4. Minutes and Records Clerk of Court's Office l(I l C$ '1: t$ 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHAS _ G Contact Information 239-252-8950 Contact/ Department Agenda Date Item was November 13,2018 Agenda Item Number 16.A.25. Approved by the BCC Type of Document AMENDMENT Number of Original 2 Attached Documents Attached PO number or account N/A 18-7245 Amend#2 Taylor Engineering, number if document is Taylor Engineering, Inc. to be recorded Inc. INSTRUCTIONS & CH IST Initial the Yes column or mark"N/A"in the Not Applicable co whi Never is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP 0 N/A 2. Does the document need to be sent to another agency for addi onal sign. es? If yes, N/A provide the Contact Information(Name;Agency;Address;Pho - •+ :+ attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on,U 018 and all changes made during IA is not the meeting have been incorporated in the attached document. The County option for Attorney's Office has reviewed the changes,if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the %A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ano cion for Chairman's signature. 1 6 A 2 5 MEMORANDUM Date: November 16, 2018 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Amendment #2 to Contract #18-7245 "Collier County Comprehensive Watershed Improvement Plan" Contractor: Taylor Engineering, Inc. Attached for your records is an original of each referenced document above, (Item #16A25) adopted by the Board of County Commissioners on Tuesday, November 13, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment SECOND AMENDMENT TO AGREEMENT#18-7245 1 6 A 2 5 FOR COLLIER COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT PLAN THIS AMENDMENT, made and entered into on this 130'1 day of tll(QXY1be r 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 Grant-Management" 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-Through are deleted; Words Underlined are added * * * * * Page 1 of 8 16A25 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 Page 2 of 8 1 6 A 2 5 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 directstaff 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, spesifiggy for WBIDs of concern to the CWIP/RESTORE prosect: • 3278U — Rookery Bay coastal —impaired (chlorophyll I 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. * * * * * Page 3 of 8 16A25 * * * * * Phase 2 -Permitting and-Grant-Management 24-Grant-Management-Activities _ - - _ . e - .. e = = --- - oroJoot, . , , , ' - - ' - ucate - _ • - . • = • _. _ r - - ': : - _ • - - . ._ - •- - - = - _ _ 'fie • - _ -- •= _ .. =- • - = -- - - - c_ . _. .. _ -• • .-.•_ ..� -_ . . . _ - '' - • . _ • • _ _ • : • . . -dation- ••. ._ . _ e __ ..- _ • . - . - • • • •• . -, :. . : . . .. . . . e _ ?I:lc:wife reimburserhents-fe : .. - :. _ e " . . - -nd * * * * * * * * * * Page 4 of 8 16 ,425 2210,1/11 11 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 $ $ 5511,877.00 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 $ $ 16 3,388.00 2.2 Preliminary Design Plans $ $ 138,800.00 2,3 6r-ant-Management $ $ 35 916.00 2-4 Contingency $ $--128 _ $ 103 593.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $44,490.00 $ Total Time and Materials Fee $ $ 1-;499 994-89 _$1,455,504.00 GRAND TOTAL FEE $ $1,499,994.00 Page 5 of 8 1 6 A 2 5 * * * * * * * * * * 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. 8.2.3.1 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 subiect billing month. * * * * * Page 6 of 8 SCHEDULE C 1 6 A 2 5 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 = - ' - - z 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 2.3 6+ant-Management 739 2-4-2`3 Contingency 730 * * * * * Page 7 of 8 1 6 A 2 5 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 , LORIDA By. _ . t By: A'dy Solis, Esq., Chairman Dated: It' lb Li8 (SEAL) Attest as 'Chairman's CONSULTANT'S WITNESSES: CONSULTANT: TAYLOR ENGINEERING, INC. r7.4 st Witness By: SZWPt-, LA-4/c f /nature TType/print witness name Lqt,72, f4sroce Pt T ype/print signature and titleT Secon' Wit ess 4 T ab mWCi C �2'L (�v II� TType/print w`� ;�s name Date A *roved . 'o F nc Legality: D County Att ney ra /fie- • Print ame A Item# Agenda it I ,3 lit, Date Date It loo102 411(4 Rec'd Page 8 of 8 Deputy Clerk