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#18-7245 (Taylor Engineering) THIRD AMENDMENT TO AGREEMENT#18-7245 FOR COLLIER COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT PLAN THIS AMENDMENT, made and entered into on thisa2 day of %1, 2019, 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, on November 13, 2018 (Agenda Item 16.A.25), the County approved Second Amendment to 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; and WHEREAS, the Parties desire to further amend the Agreement to revise Schedule A-Scope of Services to: (i) to further define Task 1.3 Environmental Data Collection and Analysis, (ii) add Task 1.4.1 Water Availability Analysis, (iii) include additional tasks under Phase 2 Permitting, and Revise Schedule B-Basis of Compensation to add new subtask and revise line item totals. 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. Except as modified, all other terms and conditions of the Agreement shall remain the same. Words Struckgh are deleted; Words Underlined are added Page 1 of 9 Third Amendment to Agreement#18-7245 CA« * * * * * 18-7245—Collier County Comprehensive Watershed Improvement Plan Schedule A * * * * * Phase 1 - Permitting Needs Assessment, Data Collection, and Analysis * * * * * 1.3 Environmental Data Collection and Analysis •- - - - - - ' --- A --•, -• • - -- - -- _- -_ _ - .•: • •- , -e• and Impact(BACI) study design and will involve setting up a series of randomly located sampling locations footprint of the project(the Control stratum). As well, data would be collected both before project of the modeling effort. The following components would be involved: • Site selection of monitoring locations The Consultant, in consultation with the County, will design implementation of the CWIP. The Request for Proposals called for 30 random locations within the However, random site selection within the area targeted for restoration may not be the best approach to sample site identification. The reference area may contain a range of natural communities that the restoration plan wishes to replicate. Thus, we will a.sesc random and ▪ Sampling locations will be surveyed in by a licensed survey and mapping firm, to include top of well and natural ground. • At each of the locations, bi annual and quantitative sampling of the vegetation (up to 4 events) • Species richncs,, • Species diversity • Percent native vs. non native piezometers and/or staff gages (up to 8 events) • At each of the locations, quarterly collection of water quality data (for surface water samples) for o Water temperature o pH Page 2 of 9 Third Amendment to Agreement#18-7245 o Dissolved oxygen o Specific conductance o Total nitrogen o Total phosphorous • Analysis and presentation of collected data in graphical and tabular format, as well as spatial (GIS) mapping to include: o Simple statistical measures (e.g. range, median standard deviation, and 25th and 75th monitoring results. As data accumulate from multiple monitoring periods, more advanced statistical methods may prove useful for data evaluation. Similarly, simple statistics and GIS plots will suffice for initial evaluation of vegetation monitoring results but other methods, including multivariate analyses may become useful as data accumulate. the Florida Natural Areas Inventory(FNAI) mapping FLUCCS habitat mapping currently underway for the Picayune Strand, expected to be available by summer of 2018. water elevation changes, potential community shifts, and s asonal summaries by ar a o Listed species habitats, habitat characterizations, GIS analysis of changes to habitat footprints {if any)with additional wet season hydration FFS highlighted the fact that it will be vital for the County to know the impacts of its own project on things like water levels, habitat, and water quality. In addition, regulatory agency concerns may include changes in those parameters that exceed thresholds for regulatory action. The objectives of this task include development of a comprehensive sampling plan for hydrology, water quality, and vegetation, and preliminary data collection necessary to allow the project to model and estimate project-related changes in hydrology, vegetation, and water quality associated with implementation of the CWIP. The monitoring plan will be designed as a temporal (Before—After) and spatial (Control— Impact) or BACI data collection effort. We will select a set of sampling locations to effectively represent the control impact design in the Belle Meade Flow-way restoration area and to monitor changes in the Northern Flow-way. The ability to access the sampling points and the need to effectively represent the major natural communities present in the project area will be the other determinants of site selection. Data collection would occur before project construction (and during project operation, but under another work order). The data collected prior to project construction will allow assessment of project performance after construction is complete and the rehydration is implemented. Sampling Objectives The objective of hydrologic sampling is to provide hydrologic data to help understand the results of vegetation sampling. The objective of vegetation sampling is to track community vegetation changes resulting from hydrologic changes. The objective of water quality sampling is to provide a record of changes in water quality as it flows through the system and allow calculation of net concentration and loading at inflow and outflow points. The work components to achieve task objectives include: Data Collection • Selection of monitoring locations—The Consultant, in consultation with the County, will design and implement an environmental data collection program. The Request for Proposals called for placement of wells at 30 random locations within the area of project impacts and 30 random Page 3 of 9 Third Amendment to Agreement#18-7245 CAO locations in areas likely to be unimpacted by the project. However, sites must be dispersed across the entire project area to meet the BACI design concept and represent a range of hydrologic and natural community conditions and remain suitable for a multi-year sampling program. Further, they must be reasonably accessible for data collection and maintenance. Therefore, the locations will be selected rather than randomly assigned. • Sampling locations will be surveyed in by a licensed survey and mapping firm, to include top of well and natural ground. • Hydrologic data will be collected at each location. The project will record surface water levels and/or groundwater levels via use of piezometers and/or staff gages. Continuous water level recording will be downloaded and well and equipment maintenance performed quarterly. • At each of the locations selected from the full set of well sites, collection of water quality data will occur no more often than once quarterly for groundwater and surface water(if present) for the following parameters: o Field measurements (taken at all 60 wells) o Water temperature o pH o Dissolved oxygen o Specific conductance o Sampling for nutrients (taken at a subset of 20 wells plus 5 additional locations) o NOx (NO2 + NO3 soluble) o Total Kjeldahl nitrogen (TKN) o Total dissolved Kjeldahl nitrogen (TKN-D) o total phosphorus (TP) o total dissolved phosphorus (TPD) All samples will be tested at an FDEP-certified Lab. • Vegetation sampling design will be developed to monitor replicates of the dominant vegetation communities and vegetation layers (canopy, shrub, and qroundcover). Sampling frequency will be once per year and will be completed once during the duration of this Contract. Sampling methods will be based primarily on the general vegetation characteristics and known sampling methods for forest habitat. Data Analysis Analysis and presentation of collected data in graphic and tabular formats, as well as spatial (GIS) mapping will include: • Simple statistical measures (e.g. range, median standard deviation, and 25th and 75th percentile) and GIS plots of data by location will be used to evaluate initial water quality monitoring results. As data accumulate from multiple monitoring periods, more advanced statistical methods may prove useful for data evaluation. Similarly, simple statistics and GIS plots will suffice for initial evaluation of vegetation monitoring results but other methods, including multivariate analyses may become useful as data accumulate. • Existing mapping of vegetation and habitat will be used and/or adapted where suitable. Florida Forest service has requested the use of Florida Natural Areas Inventory (FNAI) data for the Picayune Strand State Forest. o Regulatory agencies will require FLUCCS mapping in permit application documents and analyses. In addition, the FNAI mapping may include "blank" spaces where private Page 4 of 9 Third Amendment to Agreement#18-7245 CAO property was not mapped. Any blank spaces will require FNAI mapping to match the surrounding public lands vegetation mapping (FNAI communities). Within the PSSF FNAI maps will be converted to FLUCCS communities using community "crosswalk" data if available, and professional judgement to complete the conversion. o The two datasets are mapped from different date data and at different levels of detail and (FNAI is based on more current data and has greater spatial detail). Therefore, we will use the FNAI data where available and FLUCCS otherwise. This will require resolution of the map at the intersections of the FNAI and FLUCCS map areas. • Identification of expected /observed water levels by habitat and projections of habitat-level water elevation changes, potential community shifts, and seasonal summaries by area • Listed species habitats, habitat characterizations, GIS analysis of changes to habitat footprints (if any) with additional wet season hydration The geospatial database for the project will maintain FGDC metadata standards. To accomplish this, Taylor Engineering will 1) identify and review applicable FGDC metadata standards, 2) develop a comprehensive metadata file for the master geospatial database, and 3) after initial metadata file development, update the information as new source data or feature classes are added. Metadata will describe all feature classes and non-spatial tables within the database unless not provided (for data received from others). For data generated by the project FDGC-recommended ISO format standards will be followed insofar as practicable and necessary; We will identify and conform to reasonably applicable FDGC/ISO-recommended data formats. * * * * * 1.4 Hydrologic, Hydraulic, and Water Quality Modeling and Analysis This effort may require modification of prior estimates of the degree of change in groundwater elevations due to the Project. This will require refinements to the County's MIKE SHE/MIKE-11 model to reflect those changes and working to gain consensus with other agencies regarding model results. This effort will focus on refining estimates of changes in groundwater elevations in the following locations: o Northern flow-way o 1-75 Canal and South Belle Meade spreader o Picayune Strand State Forest and Picayune Strand Restoration Project o Six L's agricultural area o Urban areas along Henderson Creek and south of U.S.41 data collection efforts, which will be used to further The Consultant will calibrate the MIKE SHE model with respect to groundwater levels and discharge rates infiltration rates and evapotranspiration. Additional model detail (described below), will help to leverage those data collection efforts to improve the robustness and reliability of the model results. Within the Henderson Creek/Belle Meade Watershed, the County's previous consultant team adopted previous model refinements implemented by Interflow Engineering, LLC (now a part of Taylor Engineering, Inc.) as part of the Rookery Bay restoration study. Taylor Engineering recently updated the County's model for the SFWMD, as part of the Big Cypress Basin Flood Protection Level of Service (FPLOS) project. This update included adding detail certain areas and improving the model calibration for existing conditions. The BCB FPLOS version of the model contains all of the previous updates and will serve as the basis for the updated existing conditions model. • Page 5 of 9 Third Amendment to Agreement#18-7245 The most significant model improvement the Taylor/Interflow Team made as part of the Rookery Bay (Henderson Creek) restoration was to reduce the model grid cell size from the original 1,500 feet to 375 feet. That change allowed the simulation of overland flow in two dimensions within the Belle Meade Flow- Way and other areas, where the previous model simulated all major overland conveyances using only the 1-D MIKE-11 component. Smaller grid cells allow better representation of the natural topography and thus more accurate representation of the 2-dimensional flow fields critical for estimating wetland hydroperiods and water budgets. The current version of the County's model utilizes 500-foot grid cells. If the project budget allows, the cell spacing could be reduced to 250 feet while still maintaining reasonable simulation times. The increased accuracy would provide better representation of overland flow, evapotranspiration, groundwater flows and levels, and wetland hydroperiods in the areas of interest, thus resulting in a more reliable and defensible modeling tool to support final design and permitting. Interpreting the model results of both current and proposed conditions will be closely coordinated with the wetland scientists and ecologists within the Taylor team and stakeholder agencies such as the FFS and FWC. This effort will help to ensure the proposed project will result in hydrology suitable to support the target vegetation communities. Nutrient modeling of pre- and post- project conditions will be required to demonstrate the levels of nitrogen and phosphorus removal provided by the constructed flow-ways and within the Belle Meade flow-way. Depending on the requirements of FDEP, this effort may require a more sophisticated water quality modeling approach that utilizes the results of the hydraulic and hydrologic modeling currently available. This could be accomplished either via a more sophisticated analytical approach, or by utilizing the water quality module built-in to the MIKE SHE software. The approach for this effort will be refined following initial discussions with FDEP. 1.4.1 Water Availability Analysis— Previous modeling completed as part of the County's Watershed Management Plan (Atkins, 2016) assumed a maximum diversion from the Golden Gate Canal of 100 cfs. The diversions were assumed to occur, on average, for 42 days per year during the wet season. As part of this task, these assumptions will be re-evaluated using more detailed information and modeling as necessary to support the regulatory permit application(s). The County-wide MIKE SHE model will be used to evaluate water availability in the Golden Gate Canal via the following approach: o Review of Water Use Permits—The Consultant will identify potentially affected permitted water users in and adjacent to the Golden Gate Canal system. Consumptive use permits will be obtained and reviewed. o Refine Irrigation Modeling for Downstream Water Users— Existing permitted water users include a number of golf course developments that can withdraw Golden Gate Canal water for irrigation. The MIKE SHE model will be updated to accurately simulate these irrigation withdrawals. o Model Validation, Golden Gate Canal System—The MIKE SHE/ MIKE-11 model will be validated to measured flows and stages in the Golden Gate Canal for the 10-year period of 2008 through 2017. o Develop Withdrawal Scheme for Project—Through iterative model simulations, an optimal rules-based withdrawal schedule will be developed. * * * * * Phase 2-Permitting * * * * * Page 6 of 9 Third Amendment to Agreement#18-7245 2.1 Prepare Permit Applications * * * * Depending on the results of the Permitting Needs Assessment and data collection activities, it is anticipated that sufficient funding may remain to perform permitting and design activities required by regulatory agencies for the following permits: • SFWMD Conceptual Environmental Resource Permit (ERP) • USACE Federal Dredge and Fill Permit Task includes development of permit applications and associated narratives, analyses, and exhibits such as: • GIS mapping of vegetation and species pre- and post-project (projected), • Water level and depth mapping pre- and post-project for an array of conditions including expected seasonal changes and design storm events required per the Basis of Review, • NEPA support including environmental and biological assessments, and • Responses to requests for additional information (RAIs) In addition, the Consultant will assist County staff in its efforts to acquire the property rights necessary to implement the project. This assistance will include: o Research into private parcels within the preferred flow-way and potential impact area o Preparation of exhibits, spreadsheets, and/or database files depicting private parcel characteristics, transfer of development rights (TDR) status, etc. o Participation in a public meeting with private property owners, to include notifying affected property owners (via U.S. mail), and preparation of meeting exhibits and/or a presentation. o Discussions and coordination with regulatory agencies regarding parcel ownership and potential hydrologic impacts * * * * * (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 7 of 9 Third Amendment to Agreement#18-7245 0 * * * * * SCHEDULE B BASIS OF COMPENSATION * * * * * 1.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 $ 480,837.00 1.4 Hydrologic, Hydraulic, and Water Quality Analysis $ $ 373,964.00 1.4.1(subtask) Water Availability Analysis $ 56,740.00 1.5 Countywide 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 $ $ 1-63,388.00 $ 177,688.00 2.2 Preliminary Design Plans $ $ 138,800.00 Contingency $ $ 103,593.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $44,490.00 $ Total Time and Materials Fee $ $1,455,504.00 GRAND TOTAL FEE $ $1,499,994.00 * * * * * Page 8 of 9 Third Amendment to Agreement#18-7245 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 •RIDA I i By: Air qf 1 l-41) W'fiam L. McDaniel Jr., Chairman Dated: F (sE_AL� Attest a tohairman's si ature'oniy. CONSULTANT'S WITNESSES: CONSULTANT: TAYLOR ENGIN RING, INC. it i/ : f_% (rst Witness By: Allr Z.--- S'05e�1. C�f4'k'e( , .'. TType/print witness nameSiy-ture J�K•.� Le P� 4SSdciq� 1, . 102(.5'(pg,J7- i TType/print signature and titleT Seco d itness Tam� JAC.// 01, 11 eivrr-O-J TTyrint witness nameT Date • o ed a to For an Legality: De?,ty County Attorney SeJ i2. 1, L Print Name Page 9 of 9 Third Amendment to Agreement#18-7245 (;)CAO'