Agenda 01/28/2020 Item #16G 1 (5th Amendment to Contract #16-6561 Atkins North America, Inc.)01/28/2020
EXECUTIVE SUMMARY
Recommendation to approve to the Fifth Amendment to Agreement No. 16-6561, “Design Services
for Marco Executive Airport Terminal,” with Atkins North America, Inc., to extend the schedule
an additional one hundred eighty (180) days to coincide with construction and increase the fee
associated with the extended schedule by $147,162 for engineering services during construction.
OBJECTIVE: To maintain engineering and inspection services throughout the duration of the
construction of the new general aviation terminal and associated infrastructure at the Marco Island
Executive Airport (“MKY”).
CONSIDERATIONS: On April 5, 2016, staff issued Request For Proposal No. 16 -6561 in accordance
with Florida Statute 287.055, the Consultant’s Competitive Negotiation Act, to select an engineering firm
for the design, permitting, bidding, construction engineering and inspection services for a new general
aviation terminal and associated improvements at MKY. On September 27, 2016 (Agenda Item 14A1),
the Board awarded Agreement No. 16-6561 (the “Agreement”) to Atkins North America, Inc. (hereafter,
“Atkins”).
On March 13, 2018 (Agenda Item 16G2), the Board approved the First Amendment to the Agreement for
construction engineering and inspection (“CEI”) services necessary to support various landside
construction elements of this project.
On May 14, 2019 (Agenda Item 16G2), the Board approved the Second Amendment to the Agreement for
CEI services necessary to support construction of the airside improvements.
On July 9, 2019 (Agenda Item 16G2), the Board approved the Third Amendment to the Agreement to
extend the schedule one hundred eighty (180) days and increase the fee associated with the extended
schedule for CEI services associated with the landside improvements.
On November 12, 2019 (Agenda Item 16G1), the Board approved the Fourth Amendment to the
Agreement to add CEI services associated with Bid Alternates 1 and 2 for the airside improvements.
Although the County is working with its contractor, West Construction, Inc. (Agreement No. 18-7240,
approved by the Board on February 13, 2018, Agenda Item 14A1) to accelerate construction activities
while mitigating further delays, construction of the terminal continues to fall further behind schedule du e
to circumstances beyond the County and engineer’s control.
The approval of this Fifth Amendment to the Agreement is necessary to maintain the proper CEI services
in place for the duration of construction and allow for the payment of the proportionate fees
commensurate with providing these services during the extended schedule. This amendment extends the
schedule an additional one hundred eighty (180) days to August 4, 2020 and increases the agreement
$147,162.00 from $1,131,649.50 to 1,278,811.50, or an increase of 13%, which equates to approximately
$817.57 per day of extended services, whereas the original scope and fee for CEI services equated to
approximately $1,896.23 per day. Therefore, the added cost is fair and reasonable, as Atkins and the
County’s project management staff have employed a conservative, yet responsible approach to ensuring
the project is administered successfully in accordance with the approved plans and specifications.
FISCAL IMPACT: Funds in the amount of $147,162, to cover these necessary unforeseen incremental
costs, are available in Airport Capital Fund 496, Project 33484. Ultimately, it is expected that such
incremental costs will be recovered through liquidated damages the County is entitled to assess against
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West Construction, Inc. in accordance with the terms of the Agreement.
GROWTH IMPACT: There is no growth impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve the Fifth Amendment to Agreement No. 16-6561 with Atkins
North America, Inc., to extend the schedule one hundred eighty (180) days, increase the Agreement
$147,162 from $1,131,649.50 to $1,278,811.50, and authorize the Chairman to sign the attached
Amendment.
Prepared by: Justin Lobb, Airport Manager, Airport Authority
ATTACHMENT(S)
1. #16-6561 Atkins North America Inc Contract (PDF)
2. Fifth Amendment Airport Terminal (PDF)
3. #16-6561 Atkins Amendment 1 (PDF)
4. #16-6561 Atkins Amendment 2 (PDF)
5. #16-6561 Atkins Amendment 3 (PDF)
6. #16-6561 Atkins Amendment 4 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 11223
Item Summary: Recommendation to approve to the Fifth Amendment to Agreement No. 16-6561,
“Design Services for Marco Executive Airport Terminal,” with Atkins North America, Inc., to extend the
schedule an additional one hundred eighty (180) days to coincide with construction and increase the fee
associated with the extended schedule by $147,162 for engineering services during construction.
Meeting Date: 01/28/2020
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
01/03/2020 9:13 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
01/03/2020 9:13 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 01/03/2020 9:23 AM
Airport Authority Justin Lobb Additional Reviewer Completed 01/03/2020 9:25 AM
Growth Management Department Christine Arnold Level 1 Reviewer Completed 01/03/2020 10:56 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/06/2020 7:59 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/06/2020 11:04 AM
Growth Management Department Gene Shue Additional Reviewer Completed 01/06/2020 7:16 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 01/13/2020 9:36 AM
Procurement Services Priscilla Doria Additional Reviewer Completed 01/13/2020 9:47 AM
Procurement Services Evelyn Colon Additional Reviewer Completed 01/13/2020 10:24 AM
Growth Management Department Debra Brueggeman Deputy Department Head Review Skipped 01/03/2020 9:16 AM
Grants Erica Robinson Level 2 Grants Review Completed 01/13/2020 12:30 PM
Grants Carrie Kurutz Additional Reviewer Completed 01/15/2020 9:49 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/15/2020 12:55 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/17/2020 2:11 PM
Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/17/2020 2:13 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/17/2020 5:04 PM
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Office of Management and Budget Susan Usher Additional Reviewer Completed 01/17/2020 5:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/21/2020 1:59 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/22/2020 9:14 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM
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Contract# 16-6561
Design Services for Marco Executive Airport Terminal"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into thist 1 day of aSicbei , 2016 by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and 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 Florida 33607 (hereinafter referred to as the "CONSULTANT" and/or
CONTRACTOR").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional engineering services of the
CONSULTANT concerning "Design Services for Marco Executive Airport Terminal" (hereinafter
referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services",
which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the
Project to which this Agreement applies.
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1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of
Services described in detail in Schedule A, Phases I-Il. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of
Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other governmental
agencies responsible for regulating and licensing the professional services to be provided and performed
by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or other
form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel
to provide such services to OWNER.
1.5. CONSULTANT designates Darin R. Larson, PE, LEED AP a qualified licensed professional to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator").
The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect
to directing, coordinating and administering all aspects of the services to be provided and performed
under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the
CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees
that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services
to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be
removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
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1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or
retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such
subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or
work pursuant to the requirements of this Agreement, said request may be made with or without cause.
Any personnel so removed must be immediately replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional
services that will be performed pursuant to this Agreement and has extensive experience with projects
similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by
CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and
shall be in accordance with the generally accepted standards of professional practice in the State of
Florida, as well as in accordance with all applicable laws, statutes, including but not limited to
ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and
performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and
218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Consultant must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within Ai3
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reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Consultant does not transfer the
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the Consultant or keep and maintain public records required by the public agency
to perform the service. If the Consultant transfers all public records to the public agency upon
completion of the contract, the Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Consultant keeps and maintains public records upon completion of the contract, the Consultant
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the
County in writing. Failure by the Consultant to comply with the laws referenced herein shall constitute a
breach of this Agreement and the County shall have the discretion to unilaterally terminate this
Agreement immediately.
In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such
conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation
to deliver complete and accurate documents necessary for successful construction of the Project.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required deliverables,
incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements
and/or codes and ordinances applicable to Consultant's performance of the work as related to the
project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole
determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the
defi:niency within the specified timeframe, these funds would be forfeited by the Consultant. The County
may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies
directly related to the Consultant's non-performance whether or not the County obtained substitute
performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of the
CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such
information has been properly subpoenaed, any non-public information concerning the services to be
rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents,
subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT
shafl provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State
Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific
established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also
acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as
provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way -
ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD
specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order or Amendment to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two
herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Change Order or Amendment authorizing those Additional Services. With respect to the individuals
with authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Procurement Ordinance and Procedures in effect at the time such services are
authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B.
Except in an emergency endangering life or property, any Additional Services must be approved in
writing via a Change Order or an Amendment to this Agreement prior to starting such services. OWNER
will not be responsible for the costs of Additional Services commenced without such express prior written
approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver
of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that
such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder.
If OWNER determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written notice to
OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives
CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of
performance under this Agreement. The following services, if not otherwise specified in Schedule A as
part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be furnished
under this Agreement) for private or governmental grants, loans, bond issues or advances in connection
with the Project.
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2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or
character of construction; and revising studies, reports, design documents or Contract Documents
previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations,
ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the
preparation of such studies, reports or documents, or are due to any other causes beyond
CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate
schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in
obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than the
Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or
other legal or administrative proceeding, involving the Project (except for assistance in consultations
which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services
arrordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with
respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project
Manager"). The Project Manager shall have authority to transmit instructions, receive information,
interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the
Project. However, the Project Manager is not authorized to issue any verbal or written orders or
instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of
modifying or changing in any way whatever:
a) The scope of services to be provided and performed by the CONSULTANT hereunder;
b) The time the CONSULTANT is obligated to commence and complete all such services;
or
c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in accordance
with this Agreement;
b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and any budgetary
limitations;
c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S
disposal all available information in the OWNER'S possession pertinent to the Project,
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including existing drawings, specifications, shop drawings, product literature, previous
reports and any other data relative to the Project;
d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site
to perform the services to be provided by CONSULTANT under this Agreement; and
e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWNER with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of
this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the
Project and shall be performed and completed in accordance with the Project Milestone Schedule
attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the
performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services
u3 result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or
neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the
OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall
notify OWNER in writing within five (5) working days after commencement of such delay, stating the
specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may
have had to request a time extension for that specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress
of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be
responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right
to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER
will_he the right to seek an extension of time to its schedule provided, however, the granting of any such
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time extension shall not be a condition precedent to the aforementioned "No Damage For Delay"
provision. This paragraph shall expressly apply to claims for early completion, as well as claims based
on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to
be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S
compensation shall be equitably adjusted, with respect to those services that have not yet been
performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result
of such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to
be provided hereunder in a timely manner, in addition to any other rights or remedies available to the
OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments
due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its
obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that
the CONSULTANT'S performance is or will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing
Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver
of any right or claim OWNER may have against CONSULTANT for delay or any other damages
hereinunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee,
reserves the right to utilize any of the following Price Methodologies:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred
from the County to the Consultant; and, as a business practice there are no hourly or material invoices
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presented, rather, the Consultant must perform to the satisfaction of the County's project manager before
payment for the fixed price contract is authorized.
5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for
purposes of providing estimate(s), as required by the grantor agency.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT
shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans,
MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other
than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project
Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be
delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with
delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of
the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay
any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable
license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to
OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT
consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S
termination for any reason or to perform additions to or remodeling, replacement or renovations of the
Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for
review and information to various third parties and hereby consents to such use by OWNER.
0
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a
minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is
completed, whichever is later, or such later date as may be required by law. OWNER, or any duly
authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect
and copy all such records and documentation as often as they deem necessary during the period of this
Agreement and during the five (5) year period noted above, or such later date as may be required by law;
provided, however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or
utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
ARTICLE NINE
INSURANCE
9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the State of
Florida.
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9.3 All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the
requirements of this Agreement shall name Collier County Government, Collier County, Florida,
as an additional insured as to the operations of CONSULTANT under this Agreement and shall
contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER applicable to this Project, and the "Other Insurance"
provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-
insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of
Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for
damages covered by insurance to the extent insurance proceeds are paid and received by OWNER,
except such rights as they may have to the proceeds of such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of
Florida.
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9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or
higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the
services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be
subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be
construed as constituting an agreement between the OWNER and any such other person or firm. Nor
shall anything in this Agreement be deemed to give any such party or any third party any claim or right of
action against the OWNER beyond such as may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the
Project to perform the Services required hereunder. Such personnel shall be committed to this Project in
accordance with the percentages noted in Schedule F. CONSULTANT also has identified each
subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel,
subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without
OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By
appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to
the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the
CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the
obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the
OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the
OWNER under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where
0
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appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar
agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing
in this Agreement shall be construed to create any contractual relationship between OWNER and any
subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they
are assignable to OWNER upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims,
except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or
otherwise related to the Project, and except those previously made in writing in accordance with the
terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment.
Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a
waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be
considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this
section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the
Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to
properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any
of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws,
ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by
the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may s•
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terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph
12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of
termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall
be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below.
OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon
seven (7) calendar days written notice to CONSULTANT. In the event of such termination for
convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee
earned through the date of termination, together with any retainage withheld and any costs reasonably
incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not
be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees
or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the
greatest extent reasonably possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all
original papers, records, documents, drawings, models, and other material set forth and described in this
Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its
control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided
by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of
such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the
CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in
accordance with the procedures set forth in Article Four herein.
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12 . In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five
45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or
ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to
CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen
14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its
performance under this Agreement until such default is cured, after giving OWNER a second fourteen
14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the
Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act
or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any
other persons performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S
intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days'
written notice to the OWNER, terminate the Agreement and recover from the Owner payment for
Services performed through the termination date, but in no event shall CONSULTANT be entitled to
payment for Services not performed or any other damages from Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
Commission, percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement.
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13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein
as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for
CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at
the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any
additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the
Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in
writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the
OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service
Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of
record:
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Board of County Commissioners
Collier County Florida
Procurement Services Division
3327 Tamiami Trail East
Naples, FL 34112
Attention: Allison Kearns, Interim Director, Procurement Services Division
Telephone: 239-252-8407
Fax: 239-252-6480
AllisonKearns@colliergov.net
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
CONSULTANT'S address of record:
Atkins North America, Inc.
1514 Broadway, Suite 201
Fort Myers, Florida 33901
ATTN: Darin Larson, P.E. LEED AP
Telephone: (407) 620-8112
Fax: (239) 334-7277
DarinLarson(c atkinsglobal.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall
impair the rights or liabilities of either party.
17.3. This Agreement is not assignable or otherwise transferable in whole or in part, by CONSULTANT
without the prior written consent of OWNER.
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17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be
a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement
are for the purpose of convenience only and shall not be deemed to expand, limit or change the
provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Schedule G RFP #16-6561, including the Granting Agency Provisions
Schedule H CONSULTANT's Proposal
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ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and
by such laws, rules and regulations of the United States as made applicable to services funded by the
United States government. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver
to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a
part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by
which OWNER determines the compensation was increased due to inaccurate, incomplete, or
noncurrent wage rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not submit a bid, proposal, or reply on
a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity; and may not transact business with any public entity
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in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period
of 36 months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes
between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-
making authority and by OWNER'S staff person who would make the presentation of any settlement
reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the
State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-
making authority and by OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County,
Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating
thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Agreement for
engineering services the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
tiBy: 0-4All'
ll MI AP
Date: v' --2401<e7 By:11410
Attest as to Chairman s Do na Fiala, Chairman
signature only.
pproved as to Form and Legality:
I _ % ti// A,
ssistant County Attorney
Col Ieei M . &r ene
Name
Atkins North America, Inc.
r" By: ci3Q-qtit j.l
f uir:ILLS. t\-1CSS Sr \,)1`c-e_ Pr,5 412 _
V .
waiiie and Title Name and Title
D L),....)._ 1
4 ,
itness
I. E .. J A` .iA e_14------atz- 0,,t9a .
Name and Title
23
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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16.G.1.b
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FIRST AMENDMENT TO AGREEMENT
#16-6561
FOR
"DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL"
16G2
THIS FIRST AMENDMENT, made and entered into on this \3~ day of
{Y)orcb 2018, 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"):
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, the parties desire to further amend the Agreement per Article Two
"Additional Services of Consultant" to incorporate services, Post Design and Inspection
Services, as originally contemplated in Request for Proposal #16-6561, for the New Terminal
Facility and Associated Landside Improvements-Part 1.
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 A 1-1 -Scope of Services, which is hereby incorporated into the
Agreement.
2. The fees for additional services outlined in Schedule A1-1 shall be in accordance
with Schedule B1-1, attached hereto and incorporated into the Agreement.
3. Schedule C1-1 Project Milestone Schedule, is attached hereto and incorporated
into the Agreement.
4. Schedule F1-1 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.
SIGNATURE PAGE TO FOLLOW
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16G2
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.
Dwight E. :~rock, ·c .terl<
BY: --~~~~~~~~~~--
Consultant's First Witness:
Print me
Consultant's Second Witness:
By: c~ tR. M~.i4.4
Cono'te. R. Hjer~
Print Name
Page 2 of 16
CONSULTANT:
Atkins ~rth Arne::.
By: r/:jd~~
Du; 1'\ (<_ -ler-SD() V; u. P rt s i J.urt
Print Name and Title '
-------~
Item# \(Q ~~
Agenda 3 1 ~ -l (/
Date
Date _1 --\led~
Rec'd"? ---
~.(1~ oeputytleri 6 _
1-----.-r.··""""''·'·'
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First Amendment to Agreement #16-6561 16 G2
"Design Services for the Marco Island Executive Airport (MKY) New Terminal"
SCHEDULE A1-1
SCOPE OF SERVICES
(New Terminal Facility and Associated Landside Improvements Part 1)
This scope of services covers construction phase services required for the New Terminal
Facility and Associated Landside 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, as
contemplated in the original solicitation document.
Project Description
Under a previous task authorization, the COUNTY commissioned the CONSULTANT to
perform design services for the new terminal faci lity and associated landside improvements
required to support the new terminal building including the following project elements:
• Clearing and grubbing of the site;
• New terminal building and associated utilities;
• Landside roadway and parking to support the new terminal building;
• Site grading and landside drainage improvements;
• Permitting of various project elements
The intent of this scope is to perform construction phase services necessary to support the
various construction elements of this project at the Marco Island Executive Airport.
Construction is scheduled to start in March 2018.
This scope 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 will provide resident project representative (RPR) services for the majority
of the construction contract duration.
Objective
The objective shall be the successful completion by the CONSULTANT of project management
and construction phase re lated services necessary for the various improvements associated
with the Marco Island Executive Airport New Terminal and Associated Improvements project
(PROJECT). 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.
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Scope 16G2
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 rev ision to the compensation to be paid to the
CONSULTANT. 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 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 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 Construction Meetings and Site Visits
Under this task, the CONSULTANT's Project Manager and/or appropriate technical leads will
make visits to the site during construction. Such 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 not vis it the site to direct or supervise the Contractor's work. 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
field inspector will also document any issues on a regular basis in the daily reports.
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
rep resented 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
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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 -52
Civil/Site Engineer -12
Architect-80
MEPFIT Engineers -32
Utility/Stormwater Engineer -20
Structural Engineer -4
Site Electrical Engineer - 8
Task 3: Permit Required Revisions and Conformed Documents
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 FOOT) received after the bid documents were complete . These changes will 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
fo r Collier County Government Growth Management Division record with respect to bid
alternates accepted by the Owner during the project bid process.
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 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
re lieve 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 acceptabil ity 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 .
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The CONSULTANT will rev iew and comment on each shop drawing or technical submittal a
maximum of three (3) times . Additional reviews shall be eligible for additional compensation.
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 claims for Contract time extensions submitted
by the Contractor and shall recommend or deny acceptance to the Owner.
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
attend weekly progress meetings
review and approve Contractor's pay requests
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•
•
•
•
•
•
•
•
•
take project progress photographs
monitor Contractor's Quality Control Plan
administrate Change Orders as necessary
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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
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 responsibi lities 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 .
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.
To best serve the project, it is assumed that there w ill be two (2) RPR 's required: one for vertical
construction and the other for site work. It is assumed that there will be one (1) part-time (3.5
days per week) site RPR on site through the duration of the contract. An additional inspector
may be required on-site during peak construction activities including, but not limited to ,
extended paving operations and night work. Typically , only one site RPR will be on-site at a
time. It is assumed that there will be one (1) part-time (1.5 days per week) vertical RPR on site
through the duration of the contract. Actual time on site may vary from week to week based on
the Contractor's work schedule .
The assigned site RPR will part-time on the FOOT landside/terminal portion of the project. The
RPR effort related to the FAA Apron Expansion Project will be included in a separate scope
and fee.
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Task 8: FOOT/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 9: 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 FOOT
requirements.
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 may at the request of the CONSULTANT provide the RPR use of the
conference room at the existing terminal. RPR will take necessary measures to keep
office space clean .
2. 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 .
3 . The fees for the provision of construction administration, special inspection, and RPR
services are based on the construction duration for the project specified in the
construction documents 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 .
4 . 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.
5. 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
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6 .
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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)
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 thei r
content complies with the requirements of, and the results certified indicate
compliance with , the Contract Documents).
11. This scope of services does not include DBE and Wage Rate Monitoring and
Compliance .
12. Documents will be created in the CONSULTANT's standard format.
13. All drawings will be created in black and white AutoCAD format using English units .
14. No additional environmental wetlands permitting (federal and/or local) or mitigation
will be required for construction of this project.
15. No permitting for threatened or endangered species will be required for this project.
16. It will be the responsibility of the Contractor to obtain any permits necessary fo r
construction. The CONSULTANT will not be applying for or obtaining any
construction related permits .
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17. 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.
18 . This scope of services does not include preparation for or testimony during any
mediation or litigation which might arise from disputes between the Owner and
Contractor. Such preparation for or testimony during litigation or mediation , should it
be necessary , shall be considered outside the scope of this contract.
Task 10: QA Testing
The CONSULTANT , through a subconsultant, shall provide the following services:
1. Construction Quality Assurance Testing (Non-Air Side)
Task 11: Reimbursable Costs
The COUNTY will pay for CONSULTANT's reimbursable costs per Exhibit B, Section 8.3.4.1
Reimbursable Expenses .
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First Amendment to Agreement #16-6561
"Design Services for the Marco Island Executive Airport (MKY) New Terminal"
SCHEDULE B1-1
BASIS OF COMPENSATION
(New Terminal Facility and Associated Landside Improvements-Part 1)
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 $87,930
2 Weekly Construction meetings and Site Visits $187,777
3 Permitting Required Revisions and Conformed $101,718
Documents
4 Shop Drawing Review $78,516
5 Responses to Contractor RFI's $58 ,990
6 Contractor Applications for Payment and $26,880
Project Delays
7 RPR Services $198 ,860
8 FAA/DOT/County Coordination and Grant $24,190
Management
9 Preparation of Closeout and Record Docs $55,759
11 QA Testing $30,733 .50
10 Reimbursable Costs $68,320
GRAND TOTAL FEE $919 ,673.50
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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 invo ices 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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8.3.3 . Payments for Additional Services of CONSU LTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice
with supporting documentation.
8.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule
8, 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 .
8.3.4.1 Reimbursab le 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:
8.3.4.1 .1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications .
8.3.4.1.2. 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 .
8.3.4.1.3. Permit Fees required by the Project.
8.3.4.1.4 . Expense of overtime work requiring higher than regular rates approved
in advance and in writing by the COUNTY.
8.3.4.1.5. Expense of models for the County's use.
8.3.4.1.6. Other items on request and approved in writing by the COUNTY.
8.3.4.1.7 . The CONSULTANT shall bear and pay all overhead and other
expenses, except for autho rized reimbursable expenses, incurred by CONSULTANT in the
performance of the Services .
8 .3.4 .1.8 . Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis .
8.3.5. The CONSULTANT shall obtain the prior written approva l 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 8-ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Principal
Senior Project Manager
Project Manager
Senior Engineer
Engineer
Senior Inspector
Inspector
Senior Planner
Planner
Senior Designer
Designer
Environmental Specialist
Senior Environmental Special ist
Scientist/Geologist
Senior Scientist/Geologist
Senior GIS Specialist
GIS Specialist
Clerical/Administrative
Senior Technician
Technician
Surveyor and Mapper
CADD Technician
Survey Crew -2 man
Survey Crew -3 man
Survey Crew -4 man
Senior Architect
Architect
16G2
Hourly Rate
$225
$185
$165
$135
$100
$110
$90
$145
$105
$115
$80
$115
$135
$95
$115
$135
$105
$80
$105
$80
$135
$80
$155
$172
$208
$160
$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.
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Task
1
2
3
4
5
6
7
8
9
SCHEDULE C1-1
PROJECT MILESTONE SCHEDULE
Descri~tion
Project Administration and Coordination
Weekly Construction meetings and Site
Visits
Permitting Required Revisions and
Conformed Documents
Shop Drawing Review
Responses to Contractor RFI's
Contractor Applications for Payment and
Project Delays
RPR Services
FAA/DOT/County Coordination and Grant
Management
Preparation of Closeout and Record Docs
Page 15 of 16
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Cumulative Number
of Calendar Da~s
For Com~letion
from Date of
Notice to Proceed for
Services under this
Agreement
485
410
410
365
365
365
410
410
410
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Packet Pg. 2053 Attachment: #16-6561 Atkins Amendment 1 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
Name
Darin Larson
Kevin McCauley
Thomas Roda
FleetWulf
Ivan Urdaneta
William Bowdoin
Adanna Ryce
Anushka Seereeram
TBD
TBD
Scotty Bakowski
Gary Krueger
Somer Spencer
SCHEDULE F1-1
KEY PERSONNEL
Personnel Category
Principal
Senior Project Manager
Senior Engineer IV
Senior Engineer Ill
Senior Engineer II
Senior Engineer I
Engineer II
CADD Technician
Senior Inspector
Inspector
Clerical/Administrative
Senior Architect
Architect
Page 16 of 16
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Percentage
of Time
10%
40%
10%
15%
20%
20%
30%
20%
60%
5%
10%
30%
20%
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Packet Pg. 2054 Attachment: #16-6561 Atkins Amendment 1 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2055Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2056Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2057Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2058Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2059Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2060Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2061Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2062Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2063Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2064Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2065Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2066Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2067Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2068Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2069Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.dPacket Pg. 2070Attachment: #16-6561 Atkins Amendment 2 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
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THIRD AMENDMENT TO AGREEMENT# 16-6561
FOR
"DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL"
THIS THIRD AMENDMENT is made and entered into on this ~ day of
ju h~ 2019, by and between Atkins North America Inc., authorized to do
business i the State of Flonda, whose bus1ness address 1s 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 includes 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
$919,673.50; and
WHEREAS, on May 14, 2019, (Agenda Item 16.G2), the Board approved
Amendment 2 to the Agreement 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; and
WHEREAS, the Parties desire to further amend the Agreement 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).
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 A 1-3 -Scope of Services, which is hereby incorporated into the Agreement.
2. The fees for the additional services outlined in Schedule A 1-3 -Fee Schedule
shall be in accordance with Schedule B1-3, attached hereto and incorporated into the
Agreement.
3. Schedule C1-3 Project Milestone Schedule is attached hereto and incorporated
into the Agreement.
Page 1 of14
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Packet Pg. 2071 Attachment: #16-6561 Atkins Amendment 3 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
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4. Schedule F1-3 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.
(reminder of the page is intentionally left blank)
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IN WITNESS WHEREOF, the Parties hereto, have each, respectively, by an
authorized person or agent, executed this Third Amendment on the date and year first written
above.
Consultant's Second Witness:
By: 7£" ~
Print Name
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CO NTY, FLORIDA
Darin R. Larson. Vice President
Print Name and Title
Page3 ofl4
Item# I (,Q C,2
~~~:d 1:9-l~
Date 7 -J(p-L
Rec'd
Third Amend.....,t to Ag,.ement t16-6581
"DHign Semen for the llllrco Wand Enc:utlve Airport (MKY) N-Tennln•l"
16.G.1.e
Packet Pg. 2073 Attachment: #16-6561 Atkins Amendment 3 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
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Third Amendment to Agreement #16-6561
"Design Services for the Marco Island Executive Airport (MKY) New Terminal"
SCHEDULE A1-3 SCOPE OF SERVICES
This scope of services covers an additional six (6) months of construction phase services
required for the New Terminal Facility and Associated Landside Improvements.
Project Description
Under Task authorization Amendment 1 to Contract #16-6561, Atkins (CONSULTANT)
drafted a scope of services to define the effort necessary to accomplish the Construction
Phase Services for the New Terminal Facility and Associated Improvements at MKY. This task
consisted of providing professional services for the administration and technical support
during construction, and the preparation of closeout documents and record drawings. In
addition, Atkins provided resident project representative (RPR) services for the majority of
the construction contract duration.
The contract documents allowed 320 calendar days from notice to proceed to substantial
completion of construction plus an additional45 calendar days for project closeout. At the end
of April 2019, the 365 calendar days included in the contract with West Construction expired.
As of May 1, 2019, the project is approximately thirty-five (35) percent complete.
At the request of Collier COUNTY Airport Authority (COUNTY), the CONSULTANT has
drafted this scope of services to define the additional effort necessary to continue the
Construction Phase Services for the New Terminal Facility and Associated Improvements at
MKY for an additional six (6) months. This will consist of providing additional professional
services for the administration and technical support during construction. In addition, Atkins
will provide resident project representative (RPR) services for the majority of the additional six
(6) months of construction.
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. These tasks will begin once the COUNTY provides the
CONSULTANT with a written Notice to Proceed.
Task 1: Project Administration and Coordination
This task involves the additional internal management of the contract including project
bookkeeping, billing, and coordination with project stakeholders as required due to the time
extension. The 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 CONSULTANT's main point of contact and will be
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responsible for ensuring that the project's goals and objectives are met within the agreed upon
schedule.
Task 2: Weekly Construction Meetings and Site Visits
Under this task, the CONSULTANT's Project Manager and/or appropriate technical leads will
make additional visits to the site during construction as required due to the time extension.
Such 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 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.
For the purpose of scope definition, the following number of additional visits are anticipated
by a technical lead from each discipline as required due to the time extension:
• Project Manager-26
• Civil/Site Engineer-5
• Architect-40
• MEPFIT Engineers-8
• Utility/Stormwater Engineer -5
• Structural Engineer-16
• Site Electrical Engineer-2
Task 3: Permit Required Revisions and Conformed Documents
No additional effort associated with this amendment is required under for this Task.
Task 4: Shop Drawing Review
This task will include the CONSULTANT's additional reviews of shop drawings submitted by
the Contractor as stipulated in the Contract Documents. Amendment 1 included a
maximum of three (3) reviews on each shop drawing or technical submittal times .
Additional reviews beyond three (3) have been required on multiple submittals related to the
terminal building and shall be eligible for additional compensation based on the scope of
Amendment 1.
Task 5: Responses to Contractor Requests for Information (RFI's)
Under this task, the CONSULTANT will prepare additional technical responses to the
questions submitted by the Contractor in the format of a Request for Information (RFI) as
required due to the time extension.
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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 additional
monthly pay requests as required due to the time extension.
The CONSULTANT shall also review Contractor claims for Contract time extensions
submitted by the Contractor and shall recommend or deny acceptance to the Owner. Such
claims shall be submitted within fourteen (14) days of the date(s) of the requested delay for
consideration by the CONSULTANT or the claim will be considered null and void and will not
be reviewed.
Task 7: Resident Project Representative (RPR) Services
Under this task, the CONSULTANT will continue to provide on-site Resident Project
Representative (RPR) services for the Project as required due to the time extension. 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:
• collect and log shop drawings, RFI's, RFC's, pay requests, correspondence, etc.
• inspect and monitor Contractor activities
• maintain a daily construction log
• 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
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.
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• 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.
• 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. The
additional RPR efforts required beyond the 365 calendar days for the six (6) month
extension equates to 26 weeks of contract time. To best serve the project, it is assumed that
there will be two (2) RPR's required: one for vertical construction and the other for site work.
It is assumed that there will be one (1) part-time (3.5 days per week) site RPR on site through
the duration of the contract. An additional inspector may be required on-site during peak
construction activities including, but not limited to, extended paving operations and night
work . Typically, only one site RPR will be on-site at a time . It is assumed that there will
be one (1) part-time (1 .5 days per week) vertical RPR on site through the duration of the
contract. Actual time on site may vary from week to week based on the Contractor's work
schedule.
Task 8: FOOT/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 due to the time extension.
Task 9: Preparation of Closeout and Record Documents
No additional effort associated with this amendment is required under for this Task.
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 scope and assumptions as generally defined within Amendment 1 to
Contract #16-6561 shall remain in effect unless specifically modified herein.
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2. This scope of services does not include preparation for or testimony during any
mediation or litigation which might arise from disputes between the Owner and Contractor. Such
preparation for or testimony during litigation or mediation, should it be necessary, shall be
considered outside the scope of this contract.
(reminder of the page is intentionally left blank)
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"Design Services for the Marco Island Executive Airport (MKY) New Tenninal"
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Third Amendment to Agreement #16-6561
"Design Services for the Marco Island Executive Airport (MKY) New Terminal"
SCHEDULE B1-3 BASIS OF COMPENSATION
Construction Phase Services for
New Terminal Facility and Associated Landside Improvements
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 $29,720
2 Weekly Construction Meetings and Site Visits $76,094
3 Shop Drawing Review $5,600
4 Responses to Contractor RFI's $18,962
5 Contractor Applications for Payment and Project Delays $8,170
6 RPR Services $63,600
7 FAA/DOT/County Coordination and Grant Management $5,890
8 Reimbursable Costs $3,940
GRAND TOTAL FEE $211,976
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.
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
Page 9 of 14
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"Design Services for the Marco Island Executive Airport (MKY) New Tenninal"
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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.
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:
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h . .. .._,
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8.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
8.3.4.1.2. 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.
8.3.4.1.3. Permit Fees required by the Project.
8.3.4.1.4. Expense of overtime work requiring higher than regular rates approved
in advance and in writing by the COUNTY.
8.3.4.1.5. Expense of models for the County's use.
8.3.4.1.6. Other items on request and approved in writing by the COUNTY.
8.3.4.1.7. 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.
8.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
8.3.5. 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 81-3 -ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Principal
Senior Project Manager
Project Manager
Senior Engineer
Engineer
Senior Inspector
Inspector
Senior Planner
Planner
Senior Designer
Designer
Environmental Specialist
Senior Environmental Specialist
Scientist/Geologist
Senior Scientist/Geologist
Senior GIS Specialist
GIS Specialist
Clerical/Administrative
Senior Technician
Technician
Surveyor and Mapper
CADD Technician
Survey Crew - 2 man
Survey Crew -3 man
Survey Crew -4 man
Senior Architect
Architect
16G2
Hourly Rate
$225
$185
$165
$135
$100
$110
$90
$145
$105
$115
$80
$115
$135
$95
$115
$135
$105
$80
$105
$80
$135
$80
$155
$172
$208
$160
$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 12 of 14
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Task
1
2
3
4
5
6
7
8
9
SCHEDULE C1-3
PROJECT MILESTONE SCHEDULE
Descri~tion
Project Administration and Coordination
Weekly Construction meetings and Site
Visits
Permitting Required Revisions and
Conformed Documents
Shop Drawing Review
Responses to Contractor RFI 's
Contractor Applications for Payment and
Project Delays
RPR Services
FAA/DOT/County Coordination and Grant
Management
Preparation of Closeout and Record Docs
Page 13 of 14
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Cumulative Number
of Calendar Da~s
For Com~letion
from Date of
Notice to Proceed for
Services under this
Aareement
180
180
N/A
180
180
180
180
180
180
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Name
Darin Larson
Kevin McCauley
Manny Bejarano
FleetWulf
William Bowdoin
Javier Suarez Paz
Adanna Ryce
Anushka Seereeram
TBD
TBD
Scotty Bakowski
Gary Krueger
Somer Spencer
SCHEDULE F1-3
KEY PERSONNEL
Personnel Category
Principal
Senior Project Manager
Senior Engineer IV
Senior Engineer Ill
Senior Engineer II
Senior Engineer I
Engineer II
CADD Technician
Senior Inspector
Inspector
Clerical/Administrative
Senior Architect
Architect
Page 14 of 14
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Percentage
of Time
10%
40%
10%
15%
20%
20%
30%
20%
60%
5%
10%
30%
20%
Third Amendment to Agreement 11116-6561
"Design Services for the Marco Island Executive Airport (MKY) New Terminal"
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Packet Pg. 2084 Attachment: #16-6561 Atkins Amendment 3 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.fPacket Pg. 2085Attachment: #16-6561 Atkins Amendment 4 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.fPacket Pg. 2086Attachment: #16-6561 Atkins Amendment 4 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.fPacket Pg. 2087Attachment: #16-6561 Atkins Amendment 4 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.fPacket Pg. 2088Attachment: #16-6561 Atkins Amendment 4 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)
16.G.1.fPacket Pg. 2089Attachment: #16-6561 Atkins Amendment 4 (11223 : 16-6561 Atkins Amendment 5 - MKY Terminal CEI)