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#16-6561 Amendment #5 (Atkins North America, Inc.) FIFTH AMENDMENT TO AGREEMENT#16-6561 FOR "DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL" THIS FIFTH AMENDMENT, made and entered into on this day of 2020, by and between Atkins North America, Inc., authorized to do business in thre State of Florida, whose business address is 4030 West Boy Scout Boulevard, Suite 700, Tampa, FL 33607 (the "Consultant"), and Collier County, a political subdivision of the State of Florida (the "County")(collectively, the "Parties"). WHEREAS, on September 27, 2016 (Agenda Item 14.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 a contract award in the amount of $1,209,298; and WHEREAS, on March 13, 2018 (Agenda Item 16.G.2), the Board approved Amendment 1 to the Agreement to obtain engineering and inspection services during construction concerning the"Design Services for Marco Executive Airport Terminal" (for New Terminal Facility and Associated Landside Improvements — Part 1) in the amount of $919,673.50; and WHEREAS, on May 14, 2019 (Agenda Item 16.G.2), the Board approved Amendment 2 to the Agreement to incorporate, Post Design and Inspection Services, as originally contemplated in Request for Proposal #16-6561, for the Apron Expansion and Airfield Safety Improvements — Part 2; and WHEREAS, on July 9, 2019 (Agenda Item 16.G.2), the Board approved Amendment 3 to the Agreement to extend the schedule one hundred eighty (180) days to coincide with construction and increase the fee associated with the extended schedule by $211,976 for the "Design Services for Marco Executive Airport Terminal" (for New Terminal Facility and Associated Landside Improvements — Part 1); and WHEREAS, on November 12, 2019 (Agenda Item 16.G.1), the Board approved Amendment 4 to the Agreement to add Post Design and Inspection Services for Bid Alternates 1 and 2 for the Apron Expansion and Airfield Safety Improvements— Part 1; and WHEREAS, the Parties desire to further amend the Agreement to extend the schedule an additional one hundred eighty (180) days to coincide with the extended construction schedule and increase the fee associated with the extended schedule by $147,162 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: Page 1 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 1. The additional services shall be provided in accordance with the attached Schedule A1-5- Scope of Services, which is hereby incorporated into the Agreement. 2. The fees for the additional services outlined in Schedule A1-5 - Fee Schedule shall be in accordance with Schedule B1-5, attached hereto and incorporated into the Agreement. 3. Schedule C1-5 Project Milestone Schedule is attached hereto and incorporated into the Agreement. 4. Schedule F1-5 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. IN WITNESS WHEREOF, the Parties hereto, have each, respectively, by an authorized person or agent, have executed this Amendment on the date and year first written above. Crystal K. Kinzel, Clerk of Courts and BOARD OF COUNTY COMMISSIONERS Comptroller OF COLLIER COUNTY, FLORIDA A.,%.,....".„,,,.. BY: Li Q L :: Ana By: tesf�Xas#1o chairman's , , .ep erk Burt L. Saunders ., Chairman � signature only, , `,,,, Consultant's First ' ess: CONSULTANT: L-7475. � Atkins No h America c. ElYW—C-'.-1- 22-Q- Y s6CTS-' ,C`, (.. ,,,,,,,,s-Qe)(24ay,_1, Print Name Darin R. Larson, Vice President — Consultant's Second Witness: Print Name and Title By: /'�/ � .d The. --- Print Name proved s to "• nd legality: Sco R. ach "-- Deputy County Attorney Page 2 of 12 Fifth Amendment to Agreement#16-6561 i'/ "Design Services for the Marco Island Executive Airport(MKY)New Terminal" 9 e Amendment 5 to Contract#16-6561 "Design and Related Services for the Marco Island Executive Airport (MKY)" New Terminal Facility and Associated Landside Improvements SCHEDULE A1-5 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 additional 45 calendar days for project closeout. At the end of April 2019, the 365 calendar days included in the contract with West Construction expired. Under task authorization Amendment 2 to Contract #16-6561, the CONSULTANT drafted a 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 through February 5, 2020. As of November 1, 2019, the project is approximately sixty (60) percent complete. At the request of the 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 Page 3 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" C�n 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 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—6 • Architect—40 • Utility/Stormwater Engineer - 3 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. 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. Page 4 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" (.dtr 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. • Shall not exceed limitations of Owner or design professional as set forth in the construction Contract Documents. • Shall not undertake any of the responsibilities of the Contractors, subcontractors, or Contractor's superintendents. • Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the construction Contract Documents. • Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Contractor's work. Page 5 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" • 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 (2.5 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: FDOT/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. 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. Page 6 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY) New Terminal" SCHEDULE B1-5 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 $22,440.00 2 Weekly Construction Meetings and Site Visits $44,060.00 3 Permitting Required Revisions & Conformed Documents - 4 Shop Drawing Review $2,520.00 5 Responses to Contractor RFI's $12,320.00 6 Contractor Applications for Payment and Project Delays $7,020.00 7 RPR Services $50,120.00 8 FAA/DOT/County Coordination and Grant Management $6,340.00 9 Preparation of Closeout and Record Docs - 10 QA Testing - 11 Reimbursable Costs 2,342.00 GRAND TOTAL FEE $147,162 B.2.2 Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. B.2.2.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Page 7 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" S B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.4. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT's letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. Page 8 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" CAO B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. Page 9 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" ,. SCHEDULE B1-5 —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $225 Senior Project Manager $185 Project Manager $165 Senior Engineer $135 Engineer $100 Senior Inspector $110 Inspector $90 Senior Planner $145 Planner $105 Senior Designer $115 Designer $80 Environmental Specialist $115 Senior Environmental Specialist $135 Scientist/Geologist $95 Senior Scientist/Geologist $115 Senior GIS Specialist $135 GIS Specialist $105 Clerical/Administrative $80 Senior Technician $105 Technician $80 Surveyor and Mapper $135 CADD Technician $80 Survey Crew - 2 man $155 Survey Crew - 3 man $172 Survey Crew-4 man $208 Senior Architect $160 Architect $110 Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the Parties. Page 10 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" ICAO SCHEDULE C1-5 PROJECT MILESTONE SCHEDULE New Terminal Facility and Associated Landside Improvements— Part 1 Cumulative Number of Calendar Days For Completion Task Descriptionfrom Date of Notice to Proceed for Services under this Agreement 1 Project Administration and Coordination 180 2 Weekly Construction meetings and Site 180 Visits 3 Permitting Required Revisions and 180 Conformed Documents 4 Shop Drawing Review 180 5 Responses to Contractor RFI's 180 6 Contractor Applications for Payment and 180 Project Delays 7 RPR Services 180 8 FAA/DOT/County Coordination and Grant 180 Management 9 Preparation of Closeout and Record Docs 180 10 QA Testing 180 Page 11 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal" SCHEDULE F1-5 KEY PERSONNEL New Terminal Facility and Associated Landside Improvements— Part 1 Name Personnel Category Percentage of Time Darin Larson Principal 10% Kevin McCauley Senior Project Manager 40% Thomas Roda Senior Engineer IV 10% Fleet Wulf Senior Engineer III 15% Ivan Urdaneta Senior Engineer II 20% William Bowdoin Senior Engineer I 20% Adanna Ryce Engineer II 30% Ahmed Aslheer CADD Technician 20% TBD Senior Inspector 60% TBD Inspector 5% Scotty Bakowski Clerical/Administrative 10% Gary Krueger Senior Architect 30% Somer Spencer Architect 20% Page 12 of 12 Fifth Amendment to Agreement#16-6561 "Design Services for the Marco Island Executive Airport(MKY)New Terminal"