Backup Documents 11/12/2019 Item #16G 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 I
TO ACCOMPANY ALL ORIGINAL DOCUMENT SENT TO.
THE BOARD OF COUNTY COMMISSIONERS OFFICEtilif&Wentati'ViE
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 recJnerfts2 949'Attorney
Office no later than Monday preceding the Board meeting. llJ1 11 �+
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the doiliswittkitilete 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 N1k
2. County Attorney Office County Attorney Office 301_ 41 1115-0
4. BCC Office Board of County ( IC)
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Commissioners -
/57 ' l✓-
4. Minutes and Records Clerk of Court's Office I` 165 I 6" ?'‘39114/a�
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 Ana Reynoso/PURCHASING Contact Information 239-252-8950
Contact/ Department
Agenda Date Item was NOVEMBER 12,2019 Agenda Item Number 16.G.1.
Approved by the BCC
Type of Document AMENDMENT Number of Original 2
Attached Documents Attached
PO number or account N/A 16-6561-Amend#4 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 AR
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 AR
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 AR
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 11/12/2019 and all changes made during N/A 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 N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
1 6 G _41
MEMORANDUM
Date: November 18, 2019
To: Ana Reynoso,
Procurement Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Contract #16-6561 4th Amendment "Design Services
Agreement" for the Marco Executive Airport Terminal
Contractor: Atkins North America, Inc.
Attached for your records is an original of the referenced document above,
(Item #16G1) adopted by the Board of County Commissioners on Tuesday,
November 12, 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
16G �.
FOURTH AMENDMENT TO AGREEMENT #16-6561
FOR
"DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL"
THIS FOURTH AMENDMENT, made and entered into on this 10/11 day of
Nover lbtr 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.
Page 1 of 5
Forth Amendment to Agreement#16-6561
166 1
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,'CPerk of Courts & BOARD OF CO TY COMMISSIONERS
Comptroller, OF COLALI�ER" 1 ' ORIDA
4i ‘16. # 6 . / gar
` �� 's - By: _ .�'
01°,
BY: . y, ' ,
Depu 7Terk 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: 0\--j
/tz.:•l i.v A cr -ci E 9"
Print Name Darin R. Larson, Vice President
Print Name and Title
Consultant's Second Witness:
By: c 1----
Afer-aoN
AtFLAN
Print Name
Approve;_ - .0 f:' and legality:
Jeffrey Al' at. ow, County Attorney
Page 2 of 5
Forth Amendment to Agreement#16-6561
O
166 1
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
Page 3 of 5
Forth Amendment to Agreement#16-6561
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16 G 1
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
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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., oras 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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Forth Amendment to Agreement#16-6561
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