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Backup Documents 05/14/2019 Item #16G 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6G THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete 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. Risk Risk Management 2. County Attorney Office County Attorney Office ? *iihq 4. BCC Office Board of County 'W4--NA Commissioners VVI/6/ 5\16 1c\ 4. Minutes and Records Clerk of Court's Office NA) s(I le Vt a:sie 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 Jessica Suarez/PURL SING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was May 14th 2019 Agenda Item Number 16.G.2 , Approved by the BCC Type of Document AMENDMENT Number of Original 2 Attached Documents Attached PO number or account N/A 16-6561 ATKINS NORTH number if document is ATKINS NORTH AMERICA, INC to be recorded AMERICA, INC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS 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 JS 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 JS 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 05/14/2019 and all changes made during NIA is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this 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 th ,w ,: option for Chairman's signature. ^�C��� n E �� this lie.,. uu MAY 142019 ir... Risk Management 16G 2 MEMORANDUM Date: May 17, 2019 To: Jessica Suarez, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Amendment #2 to Contract #16-6561 "Design Services for Marco Executive Airport Terminal" Contractor: Atkins North America, Inc. Attached for your records is an original of the referenced document above, (Item #16G2) adopted by the Board of County Commissioners on Tuesday, May 14, 2019. 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 252-7240. Thank you. Attachment 166 SECOND AMENDMENT TO AGREEMENT #16-6561 FOR "DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL" THIS SECOND AMENDMENT, made and entered into on this j t-14\ day of tzkp. 2019, by and between Atkins North America Inc., authorized to do business-in the State of Florida, whose business address is 4030 West Boy Scout Boulevard, Suite 700, Tampa, FL 33607, (the "Consultant") and Collier County, a political subdivision of the State of Florida (the "County") (collectively, the "Parties"). WHEREAS, on September 27, 2016 (Agenda Item 14.A1), the County entered into an Agreement with Consultant to obtain professional design services concerning the "Design Services for Marco Executive Airport Terminal," which included the New Terminal Facility and Associated Landside Improvements — Part 1 and the Apron Expansion and Airfield Safety Improvements — Part 2, with an initial contract award of$1,209,298; and WHEREAS, on March 13, 2018 (Agenda Item 16.G2), the Board approved Amendment 1 to the Agreement to obtain engineering and inspection services during construction concerning the "Design Services for Marco Executive Airport Terminal" (for New Terminal Facility and Associated Landside Improvements — Part 1) in the amount of $919,74; and WHEREAS, the Parties desire to further amend the Agreement per Article Two "Additional Services of Consultant" to incorporate, Post Design and Inspection Services, as originally contemplated in Request for Proposal#16-6561, for the Apron Expansion and Airfield Safety Improvements — Part 2. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The additional services shall be provided in accordance with the attached Schedule A1-2 —Scope of Services, which is hereby incorporated into the Agreement. 2. The fees for the additional services outlined in Schedule A1-2 shall be in accordance with Schedule B1-2, attached hereto and incorporated into the Agreement. 3. Schedule C1-2 Project Milestone Schedule is attached hereto and incorporated into the Agreement. 4. Schedule F1-2 Key Personnel, Subconsultants and Subcontractors is attached hereto and incorporated into the Agreement. All other terms and conditions of the agreement shall remain in force. Page 1 of 16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G 2 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. BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts and OF COLLIER COUNTY, FLORIDA ComptrollerVW n . ' I'll 1 i - ,4 *IA,,... L1'‘ ''?' 6 e). 1 it i efr A I, BY: NI) / > •By: c .rte. ,�..,w.�...,�-.,,._. , • kill's to Chainies . ' D iu► Wily:m L. McDaniel, Jr., Ch. man signature only. 1 CONSULTANT: Consultant's First Witness: Atkins North America Inc. t__ By: ,i )f, t-) 'L {` By: r Dawn F. O'Neill Print Name Darin R. Larson, Vice President Print Name and Title Consultant's econd Witness: By: Kevin McCauley Print Name A r v-• as .9F m and Legality: L.........„,,, 1 , Sc R. Teach Deputy County Attorney Page 2 of 16 ',����, Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G 2 Second Amendment to Agreement #16-6561 "Design Services for the Marco Island Executive Airport (MKY) New Terminal" SCHEDULE A1-2 SCOPE OF SERVICES Construction Phase Services for Apron Expansion and Airfield Safety Improvements— Part 2 This scope of services covers construction phase services required for the Base Bid elements of the Apron and Airfield Safety Improvements through the duration of construction including assisting with permitting efforts with the South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP), and County Development. Project Description Under a previous task authorization, the COUNTY commissioned the CONSULTANT to perform design services for the Apron Expansion and Airfield Safety Improvements (Part 2) required to support the new terminal building including the following project elements: • Expansion west of existing aircraft terminal apron (Base Bid) • Demolition of existing terminal building (Base Bid) • Drainage improvements (Base Bid) • Airport perimeter fence modifications as necessary (Base Bid) • High mast lighting of apron area (Base Bid) • Access control for AOA gates and site CCTV (Base Bid) • Expansion of north portion of aircraft terminal apron (Bid Alternate 1) • Expansion of southwest portion of aircraft terminal apron (Bid Alternate 2) • Relocation of Taxiway Bravo and associated airfield lighting (Bid Alternate 3) • Demolition of existing Taxiway Bravo and portions of existing apron and associated new airfield lighting (Bid Alternate 3) • Permitting of various project elements The intent of this scope is to perform construction phase services necessary to support the various construction elements associated with the Base Bid of this project at the Marco Island Executive Airport. The award of Bid Alternates 1 through 3, will be dependent on future funding from FDOT/FAA. If any or all bid alternates receive funding and are awarded to the Contractor, additional construction administration services and associated fee will be required, which shall require an Amendment to the Agreement. Construction is scheduled to start in the summer of 2019. Page 3of16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 1662 This scope of services defines the effort necessary to accomplish the Construction Phase Services for the Apron and Airfield Safety Improvements at MKY. This will consist of providing professional services for the administration and technical support during construction, and the preparation of closeout documents and record drawings. In addition, Atkins (CONSULTANT) will provide resident project representative (RPR) services for the majority of the construction contract duration. The contract documents allow 320 calendar days from notice to proceed to substantial completion of construction plus an additional 45 calendar days for project closeout. Objective The objective shall be the successful completion by the CONSULTANT of project management and construction phase related services necessary for the various improvements associated with the Base Bid of the MKY Apron Expansion and Airfield Safety Improvements project (PROJECT). If any or all bid alternates receive funding and are awarded to the Contractor, additional construction administration services and associated fee will be required. The overriding objective of the CONSULTANT is to keep the project on schedule, under budget, and fully coordinated with all parties and to assist in producing a quality constructed product. Scope For the purposes of scope definition and CONSULTANT fee development, the work has been divided into the following tasks. Any modifications and/or revisions to these tasks will constitute a change in the project scope and may require a revision to the compensation to be paid to the CONSULTANT. Any additional compensation shall be approved in writing by both parties through an Amendment and in advance of the services being rendered. These tasks will begin once the COUNTY provides the CONSULTANT with a written Notice to Proceed. These tasks will be complete once the CONSULTANT provides the COUNTY with the closeout documents. The CONSULTANT shall coordinate the overall Construction Phase Program Management, construction observation, and project closeout support services. Each of these services shall be provided by the CONSULTANT, working in concert with the COUNTY and Contractors. The CONSULTANT shall provide the overall construction administration and construction oversight to verify that all elements of construction are being complied with and that the general intent of the contract documents is being met. Also, the CONSULTANT will hire a sub- consultant to perform all required quality assurance testing in the field and on the asphalt to comply with the Contract Documents. Task 1: Project Administration and Coordination This task involves the internal management of the contract including project bookkeeping, billing, and coordination with project stakeholders. The CONSULTANT's Project Manager(PM) will be readily available to the project team and the COUNTY to oversee necessary project related elements. The PM will keep the COUNTY advised of the work progress, schedule, and anticipated review dates and coordinate necessary revisions. The PM will be the cAo Page 4 of 16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 2 16G2 CONSULTANT's main point of contact and will be responsible for ensuring that the project's goals and objectives are met within the agreed upon schedule. Task 2: Weekly Meetings and Site Visits Under this task, the CONSULTANT's Project Manager and/or appropriate technical leads will attend weekly meetings and make visits to the site during construction. Such site visits are not intended to be exhaustive in examining the Contractor's work in progress, but rather to provide a general observation of the work based on the Engineer's professional judgment. The CONSULTANT will review the Contractor's work as observed for general conformance with the Contract Documents. The CONSULTANT will be creating meeting minutes at the weekly construction meetings. Site visits will be documented, as necessary, if there are any issues in the field for that specific visit. The CONSULTANT's field inspector will also document any issues on a regular basis in the daily reports. The CONSULTANT will not visit the site to direct or supervise the Contractor's work. Note that site visits may be coordinated to happen concurrently with regular project meetings or they may be held at other times. Therefore, the design professional will not necessarily be represented at each of the weekly project meetings. The CONSULTANT will also conduct a Pre-Construction Conference before the Contractor is provided with a construction Notice to Proceed. The purpose of this meeting will be to review general administrative procedures of the contract, review technical requirements, begin the submittal process, and other items as defined in the Contract Documents. In addition, the CONSULTANT's Project Manager and/or appropriate technical leads will attend the Substantial Completion and Final Inspections. While at these inspections, the CONSULTANT will review the work for general conformance with the Contract Documents and assist the resident project representative (RPR) with determining a level of completeness. The CONSULTANT will assist the RPR in compiling a list of items for inclusion in the final punch list. For the purpose of scope definition, the following number of visits is anticipated by a technical lead from each discipline (inclusive of Pre-Construction Conference, Substantial Completion Inspection and Final Inspection): • Project Manager - 6 • Civil/Site Engineer - 6 • Structural Engineer - 2 • Airfield Electrical Engineer - 1 • Utility/Stormwater Engineer - 4 • Site Electrical Engineer - 7 Task 3: Permit Required Revisions Under this task the CONSULTANT will prepare construction revisions to the plans and specifications based on comments from permitting agencies (including the COUNTY, FDEP, SFWMD, and the FAA) received after the bid documents were complete. These changes will Page 5of16 cop Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 166 2 be issued as a construction revision to the Contractor and a Conformed Set of Construction Drawings. In addition, updates to the plans and specifications will be incorporated as required. Task 4: Shop Drawing Review This task will include the CONSULTANT's review of shop drawings submitted by the Contractor as stipulated in the Contract Documents. The CONSULTANT's Resident Project Representative (RPR) will collect and log shop drawings and transmit them to the Engineer. The CONSULTANT will review the shop drawings and return them to the RPR with necessary comments. The CONSULTANT's review of shop drawings will be limited to general design concepts and general compliance with the Contract Documents. Reviews by the CONSULTANT will not relieve the Contractor of the responsibility of compliance with the Contract Documents. The CONSULTANT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The CONSULTANT shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The CONSULTANT will review and comment on each shop drawing or technical submittal a maximum of three (3) times. Additional reviews shall be eligible for additional compensation, upon written approval by the COUNTY. Task 5: Responses to Contractor Requests for Information (RFI's) Under this task, the CONSULTANT will prepare technical responses to the questions submitted by the Contractor in the format of a Request for Information (RFI). The RPR will collect, log, and distribute RFI's to the appropriate technical lead for responses and return the RFI responses to the CONTRACTOR. The CONSULTANT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The CONSULTANT shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The CONSULTANT shall also provide technical support and clarifications related to the construction documents and shall provide any required revisions or supplemental information related to the contract documents that may be required during construction. Task 6: Contractor Applications for Payment and Project Delays Based on the CONSULTANT's on-site observations as an experienced and qualified design professional, on information provided by the RPR, and on review of applications for payment and accompanying data and schedules, the CONSULTANT and/or RPR shall approve the amounts owed to the Contractor(s) based on the Contractor's monthly pay request. The CONSULTANT shall also review Contractor's claims for Contract time extensions submitted by the Contract and shall recommend or deny acceptance to the Owner/COUNTY. Page 6 of 16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G 2 Task 7: Resident Project Representative (RPR) Services Under this task, the CONSULTANT will provide on-site Resident Project Representative (RPR) services for the Project. The RPR shall serve as the liaison between the COUNTY, the CONTRACTOR, and the CONSULTANT team throughout the project. The foremost duty of the RPR is to observe construction for general conformance with the Contract Documents. The RPR will be responsible for reporting to the Project Manager, Engineer, Architect, Airport, and/or COUNTY when observing work that is unsatisfactory, faulty, defective, or does not conform to the Contract Documents. The RPR will be responsible for rejecting such work as agreed upon with the COUNTY and the CONSULTANT. The duties of the RPR will include: • attend the pre-construction conference • coordinate the Contractor's mobilization to the site • collect and log shop drawings, RFI's, RFC's, pay requests, correspondence, etc. • inspect and monitor Contractor activities • maintain a daily construction log to include when the contractor is on the job site, weather conditions, changed conditions, list of visitors, testing activities/procedures and general observations • attend weekly progress meetings • review and approve Contractor's pay requests • take project progress photographs • monitor Contractor's Quality Control Plan • administrate Change Orders as necessary • organize, prepare for, and lead the substantial completion and final inspections • create the Contractor's punch list of unfinished items • verify the Contractor's completion of the punch list • collect the Contractor's as-built information • prepare the final closeout documentation • certify the completion of the project to general conformance with the Contract Documents • Report any deviation from the contract documents or whether it is believed that work is unsatisfactory, faulty or defective • Coordinate the quality assurance sampling and testing of materials and work to be performed by independent testing laboratories The Resident Project Representative shall have limited authority on site as follows: • Shall not authorize any deviation from the construction Contract Documents or substitution of materials or equipment. • Shall not exceed limitations of Owner or design professional as set forth in the construction Contract Documents. • Shall not undertake any of the responsibilities of the Contractors, subcontractors, or Contractor's superintendents. • Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the construction Contract Documents. • Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Contractor's work. Page 7of16 CAO Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G 2 • Shall not accept shop drawings or sample submittals from anyone other than the Contractor. • Shall not authorize the Owner to occupy the Project in whole or in part. • Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized. The contract documents allow 320 calendar days from notice to proceed to substantial completion of construction plus an additional 45 calendar days for project closeout. This equates to 52 weeks of contract time. To best serve the project, it is assumed that there will be one (1) RPR half-time on site for twelve (12) months. An additional inspector may be required on-site during peak construction activities including, but not limited to, extended paving operations and night work. The assigned RPR will serve half-time on the FDOT landside/terminal portion of the project. The RPR effort related to the FDOT landside/terminal will be included in a separate scope and fee, which will require written approval by the COUNTY through an Amendment, and in advance of services being rendered. Task 8: DBE and Prevailing Wage Rate Monitoring and Compliance The CONSULTANT will track and monitor the DBE and prevailing wage rates for the project on an ongoing basis and ensure compliance with the Contract Documents. Task 9: FAA/DOT/County Coordination and Grant Management The CONSULTANT will assist the COUNTY on coordination with the various agencies on project funding grant terms, conditions, and assurances and other related coordination items as required during the construction of the project. Task 10: Preparation of Closeout and Record Documents Under this task, the CONSULTANT will take the Contractor's red lined and surveyed as-built information and incorporate them into the Construction Drawings for the Airport's record purposes. Also, under this task, the CONSULTANT will assist the RPR in preparing the technical related project closeout documentation in accordance with COUNTY and FAA requirements. Task 11: MEP and Site Electrical The CONSULTANT, through a subconsultant, shall provide the following services: 1. Mechanical, Electrical, Plumbing (MEP) and Site Electrical (Air-Side) Task 12: QA Testing The CONSULTANT, through a subconsultant, shall provide the following services: 1. Construction Quality Assurance Texting (Air-Side) Page 8 of 16 CA Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 1662 Task 13: Reimbursable Costs The COUNTY will pay the CONSULTANT's reimbursable costs per Exhibit B, Section B.3.4.1 Reimbursable Expenses. BASIC ASSUMPTIONS The following is a list of assumptions forming the basis of the CONSULTANT's cost proposal for providing the services detailed in the Scope of Services for this project. Any modification and/or revision to these basic assumptions will constitute a change in the project scope and may result in a revision to the CONSULTANT's cost proposal. 1. The COUNTY will provide office space in the existing terminal for full-time use by the RPR. RPR will take necessary measures to keep office space clean. 2. No additional COUNTY or FAA reviews are anticipated for this scope of work. 3. CONSULTANT shall consult with and advise the COUNTY and act as the COUNTY's representative and advisor as provided for in the Contract Documents. The extent and limitations of the duties, responsibilities and authority of the CONSULTANT as assigned in the Contract Documents shall not be modified except as CONSULTANT may otherwise agree in writing. 4. The fees for the provision of construction administration and RPR services are based on the construction duration for the project specified in the construction documents and an assumed level of staff effort as described above. In the event the construction duration or level of effort required of the CONSULTANT is greater than estimated and specified herein, the CONSULTANT shall be entitled to additional compensation and the terms of this agreement shall be re-negotiated and amended as needed. 5. CONSULTANT shall not be responsible for the acts or omissions of any Contractor, subcontractor, or supplier at the site or otherwise furnishing or performing any of the Contractor's work. 6. CONSULTANT shall have the authority to issue a stop work order to the Contractor when witnessing efforts that do not conform to the construction contract or that may in the judgment of the CONSULTANT jeopardize safety. This shall not relieve the Contractor of their responsibility to meet these requirements. The CONSULTANT will inform the COUNTY immediately if the work is stopped. 7. When recommending payment, CONSULTANT is only representing that the RPR has made visual checks on items installed in field. The CONSULTANT will only check the quality or quantity of Contractor's work as stipulated to the design professional or RPR in the Contract Documents. 8. CONSULTANT's review of Contractor's work for the purposes of recommending payments shall not impose on CONSULTANT responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or contractor(s) Page 9of16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16C 2 compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. 9. CONSULTANT's review of Contractor's work for the purposes of recommending payments shall not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes any contractor has used the moneys paid on account of the Contract Price; or to determine that title to any of the work, materials or equipment has passed to COUNTY free and clear of any lien, claims, security interests or encumbrances; or that there may not be other matters at issue between COUNTY and contractor that might affect the amount that should be paid. 10. The CONSULTANT shall have authority, as the COUNTY's representative, to require special inspection or testing of the work, and shall receive and review certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 11. No additional environmental wetlands permitting (federal and/or local) or mitigation will be required for construction of this project. 12. No permitting for threatened or endangered species will be required for this project. 13. It will be the responsibility of the Contractor to obtain any permits necessary for construction. The CONSULTANT will not be applying for or obtaining any construction related permits. 14. The CONSULTANT shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the project site. 15. The scope and fee herein is for the Base Bid Package of the Project. The award of Bid Alternates 1 through 3, will be dependent on future funding from FDOT/FAA. If any or all bid alternates receive funding and are awarded to the Contractor, additional construction administration services and associated fee will be required. Page 10of16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G 2 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport (MKY) New Terminal" SCHEDULE B1-2 BASIS OF COMPENSATION Construction Phase Services for Apron Expansion and Airfield Safety Improvements— Part 2 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. Tasks Description Lump Sum 1 Project Administration and Coordination $21,520 2 Weekly Construction Meetings and Site Visits $19,990 3 Permitting Required Revisions $9,360 4 Shop Drawing Review $16,690 5 Responses to Contractor RFI's $14,970 6 Contractor Applications for Payment $7,390 7 RPR Services $120,800 8 DBE and Wage Rate Monitoring and Compliance $2,560 8 FAA/DOT/County Coordination and Grant Management $2,100 9 Preparation of Closeout and Record Docs $14,990 11 MEP and Site Electrical (AVCON - DBE) $28,988 12 QA Testing (GFA) $32,675 13 Reimbursable Costs $21,800 GRAND TOTAL FEE $313,833 B.2.2 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. B.2.2.1 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. Page 11 of 16 ID Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G2 B.2.3. 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.2.4. 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.2.5. 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-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. Page 12 of 16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G 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. Page 13 of 16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 160 2 SCHEDULE B1-2 — ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rete Principal $225 Senior Project Manager $185 Project Manager $165 Senior Engineer $135 Engineer $100 Senior Inspector $110 Inspector $90 Senior Planner $145 Planner $105 Senior Designer $115 Designer $80 Environmental Specialist $115 Senior Environmental Specialist $135 Scientist/Geologist $95 Senior Scientist/Geologist $115 Senior GIS Specialist $135 GIS Specialist $105 Clerical/Administrative $80 Senior Technician $105 Technician $80 Surveyor and Mapper $135 CADD Technician $80 Survey Crew - 2 man $155 Survey Crew - 3 man $172 Survey Crew - 4 man $208 Senior Architect $160 Architect $110 Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. 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. Page 14 of 16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G2 SCHEDULE C1-2 PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days Task For Completion from Date of Description Notice to Proceed for Services under this Agreement 1 Project Administration and Coordination 365 2 Weekly Construction meetings and Site 365 Visits 3 Permitting Required Revisions and 365 Conformed Documents 4 Shop Drawing Review 365 5 Responses to Contractor RFI's 365 6 Contractor Applications for Payment and 365 Project Delays 7 RPR Services 365 8 DBE and Wage Rate Monitoring and 365 Compliance 9 FAA/DOT/County Coordination and Grant 365 Management 10 Preparation of Closeout and Record Docs 425 Page 15 of 16 Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 16G 2 SCHEDULE F1-2 KEY PERSONNEL r Name Personnel Category Percentage y,r''r' of Time Darin Larson Principal 10% Kevin McCauley Senior Project Manager 40% Thomas Roda Senior Engineer IV 10% Fleet Wulf Senior Engineer III 15% Ivan Urdaneta Senior Engineer II 20% William Bowdoin Senior Engineer I 20% Adanna Ryce Engineer II 30% Ahmed Aslheer CADD Technician 20% TBD Senior Inspector 60% TBD Inspector 5% Scotty Bakowski Clerical/Administrative 10% Page 16 of 16 fcAU Second Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" LÔG 2 SECRETARY'S CERTIFICATE OF Atkins North America, Inc. I HEREBY CERTIFY that I am the duly elected Secretary of Atkins North America, Inc., a Florida corporation (the "Corporation"), and consistent with the Corporation's Authorization Matrix the officers and employees named in Exhibit "A" are authorized to execute documents on behalf of the Corporation. IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of February, 2018. vow Atkins North America, Inc. (CorporatE' I)SEAQ :z e• 1560 :0 By: C. Earnest Edgar IV, Secretary ry •'+aea eaa• 166 2 Secretary's Certificate of Atkins North America, Inc. Exhibit "A" Contracts between $2,000,000 and $10,000,000, the following: Justin P. Jones, Senior Vice President, Business Unit Director Contracts, Task Authorizations and/or Work Orders less than $2,000,000, the following: Ulisses D. Camilo, Vice President, Sector Manager John J. Corley, III, Sector Manager Todd A. Knuckey, Vice President, Sector Manager Darin R. Larson, Vice President, Operations Director Contracts, Task Authorizations and/or Work Orders less than $500,000, the following: Kwadwo Atta — Division Manager Zafar Alikhan, Division Manager Patrick D. Anderson, Division Manager Kurt A. Goddard, Vice President, Division Manager Ben Goebel, Division Manager Craig S. Sucich, Division Manager Robert K. Tolsma, Division Manager FUTHER RESOLVED, that the following named officers are authorized to attest to the signatures of officers and employees executing documents on behalf of Atkins North America, Inc.: C. Ernest Edgar, IV., Senior Vice President/General Counsel/Secretary Rene de los Rios, Vice President/Assistant Secretary Jayanth Jayaram, Vice President/Assistant Secretary Donya M. Becton, Vice President/Assistant Secretary 2