#16-6561 Amendment #4 (Atkins North America, Inc.) FOURTH AMENDMENT TO AGREEMENT #16-6561
FOR
"DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL"
THIS FOURTH AMENDMENT, made and entered into on this I day of
NOverc bar 2019, by and between Atkins North America Inc., authorized to do
business in the State of Florida, whose business address 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.A.1), 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.G.2), 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
$919,673.50; and
WHEREAS, on May 14, 2019, (Agenda Item 16.G.2), the Board approved
Amendment 2 to the Agreement to incorporate Post Design and Inspection Services for the
Base Bid, as originally contemplated in Request for Proposal #16-6561, for the Apron
Expansion and Airfield Safety Improvements — Part 2 in the amount of $313,833; and
WHEREAS, on July 9, 2019 (Agenda Item 16.G.2), the Board approved Amendment
3 to extend the schedule one hundred eighty (180) days to coincide with construction and
increase the fee associated with the extended schedule by $211,976 for the "Design Services
for Marco Executive Airport Terminal" (for New Terminal Facility and Associated Landside
Improvements — Part 1); and
WHEREAS,the parties desire to further amend the Agreement to include Post Design
and Inspection Services for Bid Alternate 1 and Bid Alternate 2, as originally contemplated in
Request for Proposal#16-6561, for the Apron Expansion and Airfield Safety Improvements —
Part 2 in the amount of $31,450, increasing the total amount for Post Design and Inspection
Services for the Apron Expansion and Airfield Safety Improvements — Part 2 from $313,833 to
$345,283.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the parties as follows:
1. The fees for Bid Alternate 1 and Bid Alternate 2 shall be in accordance with the
amended Schedule B1-2, attached hereto and incorporated into the Agreement.
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Forth Amendment to Agreement#16-6561
All other terms and conditions of the agreement shall remain in force.
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.
Crystal K. Kinzel,'Cterk of Courts & BOARD OF CO TY COMMISSIONERS
Comptroller,' �, OF COLLIER, 1 ' ORIDA
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BY: I -A 't. By: --0' ...01,
Depu lerk W `iam L. McDaniel, Jr., Chairman
Attest as to Chairman's
signature only.
CONSULTANT:
Consultant's First Witness: Atkins N h America In
By: 7 By: U
/cr biry /14C 1-vGE Lr' Darin R. Larson, Vice President
Print Name
Print Name and Title
Consultant's Second Witness:
By: /1---
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Print Name
Approve;. .- - . 1.1 andel gality:
,'
Jeffrey A !' at. ow, County Attorney
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Forth Amendment to Agreement#16-6561
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Fourth 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 Lump Sum Lump Net Revised
Sum Base Bid Alt 1 Sum Bid Change Lump
Bid Alt 2 Sum
1 Project Administration and $21,520 $2,710 $490 $3,200 $24,720
Coordination
2 Weekly Construction meetings $19,990 $1,125 $820 $1,945 $21,935
and Site Visits
3 Permitting Required Revisions $9,360 $630 $550 $1,180 $10,540
4 Shop Drawing Review $16,690 $1,235 $920 $2,155 $18,845
5 Responses to Contractor RFI's $14,970 $1,100 $920 $2,020 $16,990
6 Contractor Applications for $7,390 $700 $620 $1,320 $8,710
Payment
7 RPR Services $120,800 $5,860 $2,200 $8,060 $128,860
8 DBE and Wage Rate Monitoring $2,560 $160 $80 $240 $2800
and Compliance
8 FAA/DOT/County Coordination $2,100 $295 $215 $510 $2,610
and Grant Management
9 Preparation of Closeout and $14,990 $2,125 $1,120 $3,245 $18,235
Record Docs
11 MEP and Site Electrical $28,988 N/A N/A $0 $28,988
(AVCON - DBE)
12 QA Testing (GFA) $32,675 $2,200 $1,100 $3,300 $35,975
13 Reimbursable Costs $21,800 $2,850 $1,425 $4,275 $26,075
GRAND TOTAL FEE $313,833 $20,990 $10,460 $31,450 $345,283
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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. There shall be no overtime pay
without the COUNTY's prior written approval.
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.
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.
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Forth Amendment to Agreement#16-6561
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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