#20-7818 Amendment #1 (Johnson Engineering, Inc.) FIRST AMENDMENT TO AGREEMENT #20-7818
FOR
DESIGN SERVICES FOR UPPER GORDON RIVER IMPROVEMENTS
THIS FIRST AMENDMENT, made and entered into on this 23r`l day of
ao,,Cryy 2021, by and between Johnson Engineering, Inc. (the "Consultant and/or
Contractor") aid Collier County, a political subdivision of the State of Florida, (the "County" or
"Owner") (collectively, the "Parties"):
WHEREAS, on July 13, 2021 (Agenda Item No. 16.A.31), the County entered into
Agreement No. 20-7818 "Design Services for Upper Gordon River Improvements" (the "Agreement")
with the Consultant for professional engineering services in the total amount of$1,024,166; and
WHEREAS, the Parties desire to amend the Agreement to include schedule A-1 Scope of
Services reflecting additional services to be performed to existing tasks with a total project increase of
$387,477.32, and update Schedules B, C, and F of the Agreement accordingly; and
WHEREAS, the need for the additional services proposed by the First Amendment could not
have been contemplated by the Parties at the time of the original execution of the Agreement but are
necessary to effectuate a cost-effective solution to the stormwater improvement issues that this project
seeks to address.
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 reflecting additional services to be performed is hereby
incorporated and attached hereto this First Amendment.
3. Schedule B- Basis of Compensation, Schedule C, Project Milestone Schedule, Exhibit F, Key
Personnel are hereby modified as attached hereto this First Amendment.
4. All other terms and conditions of the Agreement, as previously amended, shall remain the same.
(Signature page to follow)
**Remainder of this page left blank intentionally**
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First Amendment to Agreement#20-7818
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 ComptroltLr COLLIER COUNTY,FLORIDA
A
By: By: if
Dated: "` 2 Chris Hall, Chairman
(SEAL) Attest xc,�'.t an's
signature only
Consultant's Witnesses: CONSULTANT:
JOHNSO ENGINEERING,IN .
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Deputy Co Ity Attorney
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SCHEDULE A-1
SCOPE OF SERVICES
(FIRST AMENDMENT)
INTRODUCTION
Collier County has requested additional services to be performed as part of this project
with the inclusion of Section A as depicted in Figure 1 of the original contract. The
following items are being added or require additional effort as part of including
Section A as part of the project with the exception of Subtask 1.2.5. Subtask 1.2.5
Drainage Easement Staking is additional work for Sections A, B, C, and D.
TASK 1 —PRELIMINARY ENGINEERING DESIGN
1.1 MEETINGS
Four(4)additional phone conferences and two (2)additional meetings are included.
1.2 SURVEY
1.2.1 Survey: Property Information Reports
Property Information Reports will be provided for up to 35 additional
properties along the Gordon River Corridor Section A to help establish
drainage easements. These property information reports do not constitute a
title search.
1.2.2 Hydrographic Survey
The total length of the Upper Gordon River Section A is approximately 4,000
feet. The CONSULTANT shall measure cross-sections at 100-foot intervals
from Pine Ridge Road northerly to 360 feet south of J&C Blvd. This section is
bordered by the Pine Ridge Industrial Park on the East and bordered by Jaeger
PUD (PB 14, PG 89), Autumn Woods Unit One (PB 28, PG 27-32) and
Autumn Woods Unit Two (PB 29, PG 59 - 62) on the West.
1.2.3 Sketch-and-Legal Descriptions
Up to twenty-five (25) additional drainage sketch-and-legal descriptions and
five (5) additional temporary construction easement sketch-and-legal
descriptions are anticipated to be prepared for the inclusion of Section A.
1.2.4 Subsurface Utility Exploration
Up to 50 hours of additional SUE are anticipated for this task for the inclusion
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of Section A.
1.2.5 Drainage Easement Staking
Drainage easement staking is an additional subtask of the scope of work that
was not previously included but has not been requested. The CONSULTANT
shall stake out the clearing limits on both sides of the Gordon River including
Sections A, B, C and D so that the drainage easement can be mowed or cleared.
The total length is approximately 7 miles. The CONSULTANT shall set stakes
at the angle breaks or a maximum of every 150' +/- on the clearing limits or
set offset stakes so the stakes can be seen from the water. This scope does not
include staking the Forest Lakes South Side canal, Solana Road ditch, Estuary
canal, or the Coach House Lane ditch.
1.4 GEOTECHNICAL
The evaluation will include up to two (2) additional SPT borings and five (5)
additional shallow tube samples from the canal bed to provide data on soil type and
environmental classification for dredging along Section A. No sampling or analysis
will be performed to determine what, if any contamination may exist.
CONSULTANT shall assist with developing a hazardous waste disposal plan, if
required by permitting agencies, to potentially address the known hydrocarbon
contamination in the area of Section A. It is assumed that all material that will be
excavated from Section A will be taken to the municipal Collier County landfill.
1.8 PROTECTED SPECIES SURVEY
CONSULTANT will provide additional services for this subtask for the inclusion of
Section A.
1.9 STATE AND FEDERAL WETLAND DETERMINATION
CONSULTANT will provide additional services for this subtask for the inclusion of
Section A.
1.10 30% CONSTRUCTION PLANS
CONSULTANT will provide additional services for this subtask for the inclusion of
Section A.
TASK 2 —ENVIRONMENTAL SERVICES
2.1 CULTURAL RESOURCES ASSESSMENT SURVEY
Field surveys will include up to two (2) additional days by CONSULTANT's sub-
consultant for the inclusion of Section A.
2.3 FBB ROOST & ACOUSTIC SURVEY
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First Amendment to Agreement 1#20-7818
CONSULTANT will provide additional services for this subtask for the inclusion of
Section A.
2.4 GOPHER TORTOISE SERVICES—SURVEY,PERMITTING,
RELOCATION CONSULTANT will conduct one additional gopher tortoise
relocation event with a maximum of two (2) additional burrows prior to construction,
if required for the inclusion of Section A.
TASK 3—DESIGN & PERMITTING
3.1 MEETINGS
Three (3) additional phone conferences and two (2) additional meetings are included
for the inclusion of Section A.
3.2 CITY OF NAPLES PERMITTING
CONSULTANT shall assist COUNTY with coordination and permitting of the project
for the inclusion of Section A.
3.3 SFWMD ERP
CONSULTANT shall assist COUNTY with coordination and permitting of the project
for the inclusion of Section A.
3.4 SFWMD DEWATERING PERMIT
CONSULTANT shall assist COUNTY with coordination and permitting of the project
for the inclusion of Section A.
3.5 FEDERAL SECTION 404/10 DREDGE & FILL PERMIT
CONSULTANT shall assist COUNTY with coordination and permitting of the project
for the inclusion of Section A.
3.6 EXOTIC VEGETATION REMOVAL PLAN
CONSULTANT shall assist COUNTY with a exotic vegetation removal plan for the
project for the inclusion of Section A.
3.9 60-, 100% CONSTRUCTION PLANS
3.9.1 60% CONSTRUCTION PLANS
CONSULTANT shall assist COUNTY with construction plans for the
inclusion of Section A.
3.9.2 100% CONSTRUCTION PLANS
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CONSULTANT shall assist COUNTY with construction plans for the
inclusion of Section A.
3.10 TECHNICAL SPECIFICATIONS
CONSULTANT shall assist COUNTY with a technical specifications for the
inclusion of Section A.
3.11 BIDDING AND AWARD
CONSULTANT shall assist COUNTY with additional bidding and award services for
the inclusion of Section A.
TASK 4—SERVICES DURING CONSTRUCTION
CONSULTANT shall provide additional services during construction for Section A.
4.1 CONSTRUCTION ADMINISTRATION
CONSULTANT shall assist COUNTY with construction administration for the
inclusion of Section A.
4.2 CERTIFICATION
CONSULTANT shall assist COUNTY with certification for the inclusion of Section
A.
4.3 WARRANTY SERVICES
CONSULTANT shall assist COUNTY with warranty services for the inclusion of
Section A.
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Words St-ruek—Th-Fough are deleted; Words Underlined are added
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
1.0 Preliminary Engineering Division $ $504 00
$702,828.01
2.0 Environmental Services $ $37,151.00
$62,067.23
3.0 Design & Permitting $ $38-179
$516,299.08
4.0 Services During Construction $ $101,612.00
$130,449.00
$ $
$ $
$ $
Total Lump Sum Fee $
111
Total Time and Materials Fee $1,021,166.00
$1,411,643.32
GRAND TOTAL FEE $1,024.166.00$1,411,643.32
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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. ❑* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to
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.
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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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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Words Struckough are deleted; Words Underlined are added
SCHEDULE B —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal $238
Senior Project Manager $201
Project Manager $165
Senior Engineer $175
Engineer $136
Senior Inspector $117
Inspector $96
Senior Planner $164
Planner $130
Senior Designer $128
Designer $109
Environmental Specialist $120
Senior Environmental Specialist $156
Scientist/Geologist $115
Senior Scientist/Geologist $156
Marine Biologist/Hydrogeologist $133
Senior Marine Biologist/Hydrogeologist $169
Senior GIS Specialist $149
GIS Specialist $114
Clerical/Administrative $73
Senior Technician $102
Technician $83
Surveyor and Mapper $142
CADD Technician $95
Survey Crew—2 man $152
Survey Crew— 3 man $185
Survey Crew—4 man $218
Senior Architect $177
Architect $148
Subsurface Utility Exploration $290
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. For Grant Funded Projects,
the above hourly rates are for purposes of providing estimate(s), as required by the grantor
agency.
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Number of Calendar Days
Task/Item For Completion of Task
Description from Date of Notice to
Proceed
1.0 Preliminary Engineering Design 6-70-1,565
2.0 Environmental Services 730 1,625
3.0 Design & Permitting 730 2,171
4.0 Services During Construction 1275 2,537
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SCHEDULE F
KEY PERSONNEL
Name Personnel Category Percentage of
Time
Lonnie Howard Principal 5
Andy Tilton Principal 10
Erik Howard Senior Project Manager 1-5 10
Wayne Wright Senior Project Manager 1-9 5
Guy-Adams Project Manager 1-
John Curtis Project Manager 10
Jordan Varble Project Manager 25
Mathew Beaudoin Senior Technician 10
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