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#18-7245 Amendment #5 (Taylor Engineering, Inc.) FIFTH AMENDMENT TO AGREEMENT #18-7245 FOR COLLIER COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT PLAN THIS AMENDMENT, made and entered into on this 1c3/44^` day of km I(r(ik( 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, on April 23, 2019 (Agenda Item 16.A.10), the County approved Third Amendment to the Agreement revising 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; and WHEREAS, on June 11, 2019 (Agenda Item 16.A.4), the County approved Fourth Amendment to the Agreement to: (i) add Subtask 1.2.1 Additional Coordination Regarding Property Rights and TDR Incentives and Subtask 1.4.2 Additional Field Reconnaissance for Flow-Way Modifications to Schedule A-Scope of Services, (ii) change in Schedule B-Basis of Compensation to add new subtasks and revise line item totals; and WHEREAS, the Parties desire to further amend the Agreement to revise Schedule A to: (i) include additional language for meetings and coordination related to proposed northern pump station and flow-way for the 305 Property and Sports Park Complex and (ii) add subtask 1.2.2 Additional Coordination- GMP/LDC Code Revisions and revise Schedule B-Basis of Compensation to add new subtasks and revise line item totals; and 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 Struc-I # are deleted; Words Underlined are added Page 1 of 4 Fifth Amendment to Agreement#18-7245 ti * * * * * 18-7245 — Collier County Comprehensive Watershed Improvement Plan Schedule A * * * * * Phase 1 - Permitting Needs Assessment, Data Collection, and Analysis * * * * * 1.2 Agency/Stakeholder Coordination and Pre-Application Meetings * * * * * • Meetings and coordination with the County's consultant team for the 305 Property and Sports Park Complex to coordinate on the most likely alignment/layout of the proposed northern pump station and flow-way from the Golden Gate Canal to the 1-75 north canal. * * * * * 1.2.2 Additional Coordination — GMP/LDC Code Revisions Under this subtask, subconsultant Hole-Montes, Inc. will assist the County with development of any code revisions or amendments (GMP or LDC) required to allow the provision of TDRs for qualifying parcels necessary for rehydration of the Flow-Way. This subtask also includes meetings with property owners, appointed and elected officials, and attendance at public hearings as necessary. * * * * * ******Remainder of page intentionally left blank****** Page 2 of 4 Fifth Amendment to Agreement#18-7245 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 Application Meetings $ 93,892.00 1.2.1 (subtask) Addl' Coordinator-Property Rights and TDR $ $ 10,288.00 1.2.2 (subtask) Additional Coordination- Private Property Owners $ 19,460.00 1.3 Environmental Data Collection and Analysis $ $ 480,837.00 1.4 Hydrologic, Hydraulic, and Water Quality Analysis $ $ 373,964.00 1.4.1(subtask) Water Availability Analysis $ $ 56,740.00 1.4.2 (subtask) Addl' Field Reconnaissance for Flow-Way $ $ 9,324.00 1.5 Countywide Evaluation of FDEP Comprehensive $ 44,490.00 $ Verified List 1.5.1 (subtask) Coordination with FDEP-NNC for Rookery Bay $ $ 12,833.00 2.1 Permit Applications $ $ 177,688.00 2.2 Preliminary Design Plans $ $ 138,800.00 Contingency $ $ 83,981.00 $ 49,833.00 $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $44,490.00 $ Total Time and Materials Fee $ $1,455,504.00 GRAND TOTAL FEE $ $1,499,994.00 Page 3 of 4 Fifth Amendment to Agreement#18-7245 IN WITNESS WHEREOF, the parties have executed this Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of Courts & BOARD OF COUNTY COMMISSIONERS Comptroller COLLIER CO i •RIDA By: Com' By: I ;` •O W.'iam L. McDaniel Jr., Chairman A Dated: I e VEXY4v�A 15, J�IT (SEAL) Attest astp.c.h lun's signature only. CONSULTANT'S WITNESSES: CONSULTANT: TAYLOR ENGINEERING, INC. First,Vit ss 0Q By: T �m Signature TType/pririf iltness nameT JvK� topze// AsSoccki TType/print sighature and titleT -cond Witness 3-0.5CA (J., /Cter 10/2//Zo/q TType/print witness nameT Date Approved : o o arid Legality: I , ►Co'nty 'tttorney 'Sill ��. Print Name Page 4 of 4 Fifth Amendment to Agreement#I8-7245