Agenda 07/28/2020 Item #16G1 (09/08/2020 Item #16F1H for 07/28/2020 Absentia)07/28/2020
EXECUTIVE SUMMARY
Recommendation to approve the attached Change Order # 5 to Agreement No. 16-6561, “Design
Services for Marco Executive Airport Terminal,” with Atkins North America to extend the
schedule for Construction Engineering and Inspection (“CEI”) Services for the Airside
Improvements Two Hundred Twelve (212) Days.
OBJECTIVE: To maintain engineering and inspection services throughout the duration of the
construction of the airside improvements 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.
Change Orders #1 through #4 revised the scope during the design phase of this project. This change order
#5 extends the schedule for the apron construction phase (airside improvements), but does not change the
scope or fee.
The notice-to-proceed for these CEI services associated with the airside improvements was issued one
hundred seventy (175) days prior to the commencement of construction in order to enabl e the Airport
Authority to commence pre-construction coordination and required grant drawdown activity as per FAA
requirements. Additionally, construction of the airside improvements cannot be completed until
construction of the landside improvements (new terminal building) is complete. Approval of the attached
Change Order # 5 is necessary to maintain the proper CEI services for the duration of construction of the
airside improvements.
Approval of this item by the County Manager is subject to formal ratif ication by the Board of County
Commissioners. If the decision by the County Manager is not ratified by that Board, this item shall be
enforceable against Collier County only to the extent authorized by law in the absence of such ratification
by the Board.
FISCAL IMPACT: Approval of Change Order #5 will extend the contract by 212 day. The early
engagement with Atkins in advance of construction NTP required minimal cash flow and effort during
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this period of relatively latent activity. As the schedule and cash flow are largely driven by the
construction activity, which is ahead of schedule, no additional effort or fiscal impact is anticipated.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT PLAN IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: To approve Change Order # 5 to Agreement No. 16-6561 with Atkins North
America, Inc., to extend the schedule for Construction Engineering and Inspections associated with the
airside improvements at the Marco Island Executive Airport two hundred twelve (212) days.
Prepared by: Justin Lobb, Airport Manager, Airport Authority
ATTACHMENT(S)
1. Change Order Absentia 7.28.20 (PDF)
2. [Linked] 16-6561 Atkins_Contract (PDF)
3. Atkins Amendment 1_Contract #16-6561 (PDF)
4. 16-6561 AtkinsNorthAmerica_Amend#2_Contract (PDF)
5. MKY Terminal Services 16-6561 Third Amendment - Atkins North America - 07092019 Item
16G2 (PDF)
6. 16-6561 Atkins North America_Amend#4_FullyExec (PDF)
7. 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (PDF)
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07/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 12709
Item Summary: Recommendation to approve the attached Change Order # 5 to Agreement No.
16-6561 “Design Services for Marco Executive Airport Terminal,” with Atkins North America to extend
the schedule for Construction Engineering and Inspection (CEI) Services for the Airside Improvements
Two Hundred Twelve (212) Days.
Meeting Date: 07/28/2020
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
06/18/2020 8:50 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
06/18/2020 8:50 AM
Approved By:
Review:
Airport Authority Justin Lobb Additional Reviewer Completed 06/18/2020 9:21 AM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 06/18/2020 9:28 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/22/2020 7:51 AM
Growth Management Department Gene Shue Additional Reviewer Completed 06/22/2020 11:26 AM
Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 06/22/2020 3:14 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/22/2020 4:18 PM
Procurement Services Sara Schneeberger Additional Reviewer Completed 06/26/2020 4:35 PM
Procurement Services Catherine Bigelow Additional Reviewer Completed 07/08/2020 3:29 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 07/08/2020 3:35 PM
Growth Management Department Debra Brueggeman Deputy Department Head Review Skipped 06/18/2020 8:45 AM
Grants Erica Robinson Level 2 Grants Review Completed 07/14/2020 12:29 PM
Grants Carrie Kurutz Additional Reviewer Completed 07/21/2020 2:55 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 07/22/2020 11:35 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 07/22/2020 2:07 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/22/2020 2:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/23/2020 10:08 AM
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Grants Therese Stanley Additional Reviewer Completed 07/24/2020 12:07 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 07/27/2020 8:54 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/27/2020 11:24 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/28/2020 9:00 AM
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Packet Pg. 398 Attachment: Change Order Absentia 7.28.20 (12709 : Change Order to Extend CEI Services of MKY Apron Project)
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Packet Pg. 399 Attachment: Change Order Absentia 7.28.20 (12709 : Change Order to Extend CEI Services of MKY Apron Project)
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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Packet Pg. 400 Attachment: Atkins Amendment 1_Contract #16-6561 (12709 : Change Order to Extend CEI Services of MKY Apron Project)
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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
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CONSULTANT:
Atkins ~rth Arne::.
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Packet Pg. 401 Attachment: Atkins Amendment 1_Contract #16-6561 (12709 : Change Order to Extend CEI Services of MKY Apron Project)
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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Packet Pg. 402 Attachment: Atkins Amendment 1_Contract #16-6561 (12709 : Change Order to Extend CEI Services of MKY Apron Project)
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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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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
Page 11 of 16
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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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Packet Pg. 412 Attachment: Atkins Amendment 1_Contract #16-6561 (12709 : Change Order to Extend CEI Services of MKY Apron Project)
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
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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. 414 Attachment: Atkins Amendment 1_Contract #16-6561 (12709 : Change Order to Extend CEI Services of MKY Apron Project)
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. 415 Attachment: Atkins Amendment 1_Contract #16-6561 (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 416Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 417Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 418Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 419Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 420Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 421Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 422Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 423Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 424Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 425Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 426Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 427Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 428Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 429Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 430Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.dPacket Pg. 431Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract (12709 : Change Order to Extend CEI Services of MKY Apron Project)
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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.
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"Design Services for the Marco Island Executive Airport (MKY) N-Terminal"
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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.
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"Design Services for the Marco Island Executive Airport (MKY) New Tenninal"
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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"
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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
Page 4 of14
Third Amendment to Agreement lJ16-6561
"Design Services for the Marco Island Executive Airport (MKY) New Terminal"
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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.
Page 5 of14
Third Amendment to Agreement #16-6561
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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.
Page 6 ofl4
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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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Third Amendment to Agreement #16-6561
"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
Third Amendment to Agreement #16~561
"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:
Page 10 of 14
Third Amendment to Agreement #16-6561
"Design Services for the Marco Island Executive Airport (MKY) New Terminal" (c'., , .
h . .. .._,
16.G.1.e
Packet Pg. 441 Attachment: MKY Terminal Services 16-6561 Third Amendment - Atkins North America - 07092019 Item 16G2 (12709 : Change Order to Extend
l6G2
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.
Page 11 of 14
Third Amendment to Agreement #16-6561
"Design Services for the Marco Island Executive Airport (MKY) New Terminal"
16.G.1.e
Packet Pg. 442 Attachment: MKY Terminal Services 16-6561 Third Amendment - Atkins North America - 07092019 Item 16G2 (12709 : Change Order to Extend
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
Third Amendment to Agreement #16-6561 ~).0'
"Design Services for the Marco Island Executive Airport (MKY) N-Tenninal" -
16.G.1.e
Packet Pg. 443 Attachment: MKY Terminal Services 16-6561 Third Amendment - Atkins North America - 07092019 Item 16G2 (12709 : Change Order to Extend
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
16G2
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
Third Amendment to Agreement #16-6561
"Design Services for the Marco Island Executive Airport (MKY) New Tenninal"
16.G.1.e
Packet Pg. 444 Attachment: MKY Terminal Services 16-6561 Third Amendment - Atkins North America - 07092019 Item 16G2 (12709 : Change Order to Extend
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
16G2
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"
16.G.1.e
Packet Pg. 445 Attachment: MKY Terminal Services 16-6561 Third Amendment - Atkins North America - 07092019 Item 16G2 (12709 : Change Order to Extend
16.G.1.fPacket Pg. 446Attachment: 16-6561 Atkins North America_Amend#4_FullyExec (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.fPacket Pg. 447Attachment: 16-6561 Atkins North America_Amend#4_FullyExec (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.fPacket Pg. 448Attachment: 16-6561 Atkins North America_Amend#4_FullyExec (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.fPacket Pg. 449Attachment: 16-6561 Atkins North America_Amend#4_FullyExec (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.fPacket Pg. 450Attachment: 16-6561 Atkins North America_Amend#4_FullyExec (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 451Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 452Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 453Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 454Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 455Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 456Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 457Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 458Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 459Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 460Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 461Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)
16.G.1.gPacket Pg. 462Attachment: 16-6561 AtkinsNorthAmerica_Amend#5_ FullyExecuted (12709 : Change Order to Extend CEI Services of MKY Apron Project)