#18-7469 (CEI for Big Corkscrew Island Regional Park) FIRST AMENDMENT TO AGREEMENT No. 18-7469
FOR
CEI for Big Corkscrew Island Regional Park for Big Corkscrew Island Regional Park
THIS FIRST AMENDMENT, made and entered into on this 1"P''1 day of
V pve w ,e r 2023, by and between WSP USA Environment & Infrastructure Inc. (formally
Wood Environment& Infrastructure Solutions, Inc.) (the "Consultant" or"WSP") and Collier County,
a political subdivision of the State of Florida, (the "County" or"Owner") (collectively, the "Parties"):
WHEREAS, on December 11, 2018 (Agenda Item No. 11.G), the County entered into
Agreement No. 18-7469 "CEI Services for Big Corkscrew Island Regional Park" (the "Agreement")
with the Consultant to procure engineering and inspection services ("CEI") during the construction of
the Big Corkscrew Island Park; and
WHEREAS, on September 21, 2022, Wood Environment & Infrastructure Solutions, Inc.
name changed to WSP USA Environment & Infrastructure Inc. with no change to the company federal
tax identification number; and
WHEREAS,the Parties desire to amend the Agreement to add Phase II CEI Services scope
and pricing for a total Not-to-Exceed amount of$1,874,779.10.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
1. The above recitals are hereby incorporated into this First Amendment as if fully set forth herein.
2. Schedule A-1, Scope of Services (Phase II) and Schedule C-1 (Phase II) Project Milestone
Schedule, is hereby incorporated as attached hereto this First Amendment.
3. Exhibit B, Basis of Compensation is hereby modified and replaced in its entirety as attached
hereto this First Amendment.
4. Revised Schedule F, Key Personnel to include Phase I & Phase II, is attached to this First
Amendment.
5. All other terms and conditions of the Agreement, as previously amended, shall remain the same.
[Signature page to follow]
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First Amendment to Agreement#18-7469
CAO
IN WITNESS WHEREOF, the Parties have executed this First Amendment on the date and
year first written above by an authorized person or agent.
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS
Court and Comptroller COLLIER COUNTY, FLORIDA
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B WL By: -�
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Atiest as to Chairman's RICK LOCASTRO, Chairman
Dated: 1 0,9 •
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(SEAL)
Consultant's Witnesses: CONSULTANT:
WSP USA Environment& Infrastructure Inc.
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App oved,a to F and egality:
Scott R. Teach, Deputy County Attorney
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First Amendment to Agreement#18-7469 Cgo
SCHEDULE A-1
SCOPE OF SERVICES
(PHASE II)
Basic Services
WSP will assist the owner in administering the Owner's contracts with the Design Professionals and
Contractors for the project(s) and the coordination of design efforts and construction to provide a unified,
finished product with minimum interference between projects. WSP shall provide professional support in
contract scoping, plan reviews, scheduling, scheduling reviews, budgeting, evaluation of completeness of
submittals, payment submittals.
Using reasonable care and skill consistent with Professional Standards, WSP will review or coordinate
reviews of the contract agreements and scope of services with Design Professionals, for completeness and
potential conflicts and ambiguities and, in accordance with the Owner's guidance, will direct necessary
corrections or revisions pursuant to its review of errors or deficiencies in cost estimates, selection of
materials, systems and equipment, construction administration.
Program Assumptions
• Phase II will consist of the following Projects:
• 2A-Oil Well Road Entrance and Utility corridor
• 2B - Site Civil, Canal Crossings, and Maintenance Roads
• 2C - Fitness Center and Parking Lot
• 2D—Sports Fields and Lake Upgrades (Coverage is included but dependent on executing at the same time
as sub-phase 2C)
• 2E—New Traffic Light and intersection improvements at Oil Well Road
• The program will be bid as four separate projects but will be staggard so that they overlap and are all
completed within a total of 971 Calendar Days from issuance of Notice to Proceed
• Certification of the work will be provided by others(Designer of Record shall certify the work at
both Substantial Completion and at Final Acceptance)
• Project Engineer will not be required on a full-time basis
• Senior inspector will be assigned throughout the construction period.
• Project Scheduler will review the Contractor provided Baseline Schedules and provide limited
progress reviews
• Document Controls Clerk will be limited to basic clerical duties in support of the WSP construction
manager.
Document Controls
• The projects will be setup and managed using Collier County's construction management
software, (Procore Suite).
• The County will manage and maintain the construction management software (Procore)
• Access will be given to the entire project team(WSP, design professionals and contractors).
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First Amendment to Agreement#18-7469 k74q
Task 1 Design Review and QA/QC
Design Review
• Develop Project Master Schedule using the latest version of Microsoft Project
• Review Non-Technical Specifications
• Attend NE Consultant Progress Meetings
• Meet to review status of work
• Review design progress
• Project analysis at 100% design development
• Constructability Review
• Deliverable is limited to mark-ups or comments to documents provided by the
Design Consultant(No Report Required)
• Review of Technical Specifications
• Deliverable is limited to comments specifications provided by the Design Consultant
(No Report Required)
Permitting Assistance (Local, State, Federal Permits)
• NE is responsible for preparing and submitting permit applications for their projects, attending
resulting meetings and for responding to requests for information (RFI) from the jurisdictional
agency.
• Review and Logging of permits obtained by the Design Consultant from the agencies that have
jurisdiction over the project
Task 2 Bid Assistance Services
Bid Assistance
• Review Bid Documents
• Design Documents
• Technical and Non-Technical Specifications
• Bid Tab
• Attend Pre-Bid Meeting
• Attend Site Walkthrough
• Coordinate RFI Responses and Addendums by Design Professional
• Coordinate Bid Review and Recommendations by Design Professional
Task 3 Construction Oversight
Construction Oversight
• Coordinate and attend pre-construction conferences with Owner and NE representative
• Coordinate and chair biweekly construction progress meetings
• Prepare and distribute meeting minutes
• Develop and distribute Critical Item Action Lists
• Review/Track/Monitor status of:
• construction progress
• shop drawing submittals
• contract document clarification and interpretations(RFIs)
• respond to RFIs that do not involve design interpretations
• requests for changes to construction cost and or schedule
• Review of contractor(s) Baseline/Progress schedule and provide comments
• Update the Program Master Schedule using the latest version of Microsoft Project
• Processing of Progress Payments
• Together with the Design Professional and Owner, verify that the work has progressed to the
point indicated and that it is in substantial accordance with the contract documents
• Verify that the contractor is entitled to payment Verify that the NE has properly Certified the
Request for Payment
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• Verify that all required backup documentation is included
• Recommend payment
• Construction Observation Services
• Conduct on-site observations of work in progress to assist in determining if the
provisions of the contract documents and permitting conditions are being fulfilled
• Report, in writing, whenever it is believed that work is unsatisfactory, faulty, or defective
• Report, in writing,whenever it is believed that a hazardous condition exists
Note: WSP is not performing as a certified "competent person"on the job site. Contractor shall assign a
safety officer that, at a minimum, has successfully completed training programs related to trench safety,
confined space, and maintenance of traffic.
• Report, in writing, any deviation from the contractdocuments
• Maintain log of the work performed to include:
• When the contractor is on the job site
• Weather conditions
• Changed conditions
• List of visitors
• Construction Materials Testing activities
• General observations
• Specific observations
• Observed testing procedures
• Verify that tests, equipment, and systems start up are conducted in the presence of
appropriate personnel
• Verify that the contractor maintains adequate records
• Provide photographic record of construction
• Observe materials and workmanship
• Verify that sampling and testing of materials are performed by independent testing
laboratories
• Monitor that record drawing mark-ups are properly maintained
• Project closeout
• Confirm project completion with appropriate agencies
• Verify issuance of Certificate of Occupancy
• Coordinate and attend Substantial Completion Walkthrough
• Assist the NE and Owner with development of a"punch list"of items needing
completion prior to Final Acceptance
• Confirm that punch list items are completed
• Coordinate a final review of finished items
• Collect necessary documentation to close the project/contract
• Lien waivers
• Contractor's Final Affidavit
• Close-out change orders
• Surety's Final Consent
• Process Final Payment
• As-built Drawings
Task 4 Reimbursables
• WSP will be reimbursed for the direct costs incurred for plotting plans, copies, prints, Travel
Expenses, and other expenses in support of the tasks outlined above. These costs will be
itemized as they are incurred and pursuant to Schedule B of this Agreement.
Task 5 Allowance
• An allowance of 10%, as permitted and authorized by the Owner.
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First Amendment to Agreement#18-7469 CAa
SCHEDULE B
BASIS OF COMPENSATION
(FIRST AMENDMENT)
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the MPO 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 MPO 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 MPO'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
Phase I
1 Task 1: Initial Document Controls $0 $26,480
2 Task 2: Design Review & QA/QC $0 $111,440
3 Task 3: Bid Assistance Services $0 $28,440
4 Task 4: Construction Oversight $0 $1,421,680
CO#4 Additional Funding to Task 4 $67,518
CO#6 Additional Funding to Task 4 $112,384
CO#8 Additional Funding to Task 4 $111,552
5 Task 5: Reimbursables $0 $13,100
6 Task 6: Allowance $0 $160,114
7 Task 7: Extended Construction Oversight $0 $57,020
8 Task 8: Extended Construction Oversight $0 $57,020
9 Task 9: Extended Construction Oversight $0 $57,020
PHASE I SUBTOTAL $0 $2,223,768
Phase II
1 Task 1: Design Review & QA/QC $0 $194,904
2 Task 2: Bid Assistance Services $0 $47,832
3 Task 3: Construction Oversight $0 $1,425,245
4 Task 4: Reimbursables $0 $40,000
5 Task 5: Allowance $0 $166,798.10
PHASE II SUBTOTAL $0 $1,874,779.10
Total Lump Sum Fee (Phase I & II) $0
Total Time and Materials Fee (Phase I & II) $4,098,547.10
GRAND TOTAL FEE $4,098,547.10
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B.2.2. ®* Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be
paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual
salaries and wages (basic, premium and incentive) paid to CONSULTANT's personnel, with respect to
this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not
in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application
for Payment, CONSULTANT shall submit detailed time records, and any other documentation
reasonably required by the COUNTY, regarding CONSULTANT's Direct Labor Costs incurred at the
time of billing, to be reviewed and approved by the COUNTY. There shall be no overtime pay without
the COUNTY's prior written approval.
B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to
exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed
such task as of that particular monthly billing.
B.2.3. [* L p 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
Additionaler cec d gg the s ubiect billing month
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services
to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated
fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable
Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on
Additional Services without the COUNTY's prior written approval.
B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and
complete amount payable to CONSULTANT for the Basic Services to be performed under the
provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-
of-pocket expenses incurred in the performance of all such services.
B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and
agrees that in the event of a dispute concerning payments for Services performed under this Agreement,
CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed
by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to
CONSULTANT all amounts that the COUNTY does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than
one invoice per month for all fees earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in
triplicate in a form and manner required by the COUNTY.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
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First Amendment to Agreement#18-7469 CAO
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no
signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on
CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall
not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for
reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting
documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by
CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum
markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the
Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following
items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the
COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with
§112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips
that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee
Counties are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses,
except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the
Services.
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized
accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any
reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will
be deemed to be a reimbursable expense.
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SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Sr. Project Manager $172.00
Sr. Architect $142.00
Architect $121.00
Sr. Engineer $150.00
Engineer $123.00
Estimator/Scheduler $115.00
CAD Technician $81.00
Document Control Clerk $65.00
Sr. Inspector $96.00
Inspector $76.00
The above hourly rates are applicable to Time and Materials task(s) only. The above list may not
be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon
mutual agreement in advance and in writing by the parties. ❑ *Grant Funded: The above hourly
rates are for purposes of providing estimate(s), as required by the grantor agency.
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SCHEDULE C-1
(PHASE II)
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
For Completion of Task
Task/Item from Date of Notice to
Description Proceed
PHASE II
1 Design Phase 336
2 Solicitation Phase 510
3 Construction Phase 1,110
4 Reimbursables n/a
5 Allowance n/a
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SCHEDULE F
(PHASE I & II)
KEY PERSONNEL
Name Personnel Category Percentage of
Time
PHASE I
Nestor Fernandez Senior Project Manager 13.39%
John Lockstedt Scheduler 5.08%
PHASE II
Nestor Fernandez Senior Project Manager 60%
Alexander Rojas Project Engineer 3%
Bryan Vehovec Assist. Project Engineer 4%
Soraya Gomex Document Control 2%
Jose Quiroz Senior Inspector 30%
John Lockstedt Scheduler 1%
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