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Agenda 05/14/2019 Item #16G 2 (2nd Amendment to #16-6561 Marco Executive Terminal)05/14/2019 EXECUTIVE SUMMARY Recommendation to approve Second Amendment to Agreement No. 16-6561, “Design Services for Marco Executive Terminal,” with Atkins North America, Inc., in the amount of $313,833 for engineering services during construction and authorize the Chairman to execute the Amendment. OBJECTIVE: To enhance safety at the Marco Island Executive Airport (MKY) by clearing the FAA object free area (demolishing the existing terminal) and associated airfield safety improvements, while ensuring that the project is constructed in accordance with the plans, specifications and contract documents. CONSIDERATIONS: On April 5, 2016, staff issued RFP # 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 to Atkins North America, Inc. This amendment provides for the performance of construction phase services necessary to support the various construction elements of the project. At the time of the award, funding had not been secured for this phase of the project; however, the Executive Summary presented at the time of approval by the Board in September 2016 expressly stated that the additional tasks identified in this amendment might be requested if grant funding became available. Funding for the construction phase engineering and inspection services has now been secured, and staff recommends that the Board approve the attached Second Amendment to Agreement No. 16-6561 allowing for these services. FISCAL IMPACT: Funding for this portion of the project is budgeted and available in Project 33484. Source of funding is fund Airport Grant Fund 498 and Airport Capital Fund 496. GROWTH IMPACT: There is no growth impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the Second Amendment to Agreement No. 16-6561 with Atkins North America, Inc., in the amount of $313,833 and authorize the Chairman to execute the attached amendment. Prepared by: Justin Lobb, Airport Manager, Airport Authority ATTACHMENT(S) 1. 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (PDF) 2. 16-6561Atkins_Contract_20161019161840.665_X (PDF) 3. Atkins Amendment 1_Contract #16-6561 (PDF) 16.G.2 Packet Pg. 1704 05/14/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.2 Doc ID: 8372 Item Summary: Recommendation to approve Amendment 2 to Contract #16-6561 “Design Services for Marco Executive Terminal” with Atkins North America, Inc., in the amount of $318,81 4 for engineering services during construction and authorize the Chairman to execute the Amendment. Meeting Date: 05/14/2019 Prepared by: Title: Operations Coordinator – Airport Authority Name: Debra Brueggeman 04/10/2019 3:20 PM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 04/10/2019 3:20 PM Approved By: Review: Growth Management Department Christine Arnold Level 1 Reviewer Completed 04/10/2019 3:43 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/11/2019 8:11 AM Growth Management Department Gene Shue Additional Reviewer Completed 04/15/2019 9:10 AM Procurement Services Sandra Herrera Additional Reviewer Completed 04/16/2019 9:32 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/16/2019 1:09 PM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 04/16/2019 1:41 PM Airport Authority Justin Lobb Additional Reviewer Completed 04/17/2019 2:24 PM Procurement Services Evelyn Colon Additional Reviewer Completed 04/17/2019 2:32 PM Procurement Services Ted Coyman Additional Reviewer Completed 04/23/2019 10:22 AM Procurement Services Swainson Hall Additional Reviewer Completed 04/24/2019 2:24 PM Grants Erica Robinson Level 2 Grants Review Completed 04/24/2019 4:31 PM Grants Carrie Kurutz Additional Reviewer Completed 04/24/2019 5:49 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/30/2019 11:05 AM Growth Management Department James C French Deputy Department Head Review Completed 05/01/2019 5:36 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/06/2019 2:23 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/06/2019 4:21 PM 16.G.2 Packet Pg. 1705 05/14/2019 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/06/2019 4:44 PM Grants Therese Stanley Additional Reviewer Completed 05/07/2019 11:28 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/08/2019 9:24 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM 16.G.2 Packet Pg. 1706 16.G.2.aPacket Pg. 1707Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1708Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1709Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1710Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1711Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1712Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1713Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1714Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1715Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1716Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1717Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1718Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1719Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1720Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1721Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 16.G.2.aPacket Pg. 1722Attachment: 16-6561 AtkinsNorthAmerica_Amend#2_Contract_ VendorSigned (8372 : CEI Amendment for MKY Apron Construction-Atkins 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 Page 1 of 16 16.G.2.c Packet Pg. 1723 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 16G2 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Amendment on the date and year first written above. Dwight E. :~rock, ·c .terl< BY: --~~~~~~~~~~-- Consultant's First Witness: Print me Consultant's Second Witness: By: c~ tR. M~.i4.4 Cono'te. R. Hjer~ Print Name Page 2 of 16 CONSULTANT: Atkins ~rth Arne::. By: r/:jd~~ Du; 1'\ (<_ -ler-SD() V; u. P rt s i J.urt Print Name and Title ' -------~ Item# \(Q ~~ Agenda 3 1 ~ -l (/ Date Date _1 --\led~ Rec'd"? --- ~.(1~ oeputytleri 6 _ 1-----.-r.··""""''·'·' 16.G.2.c Packet Pg. 1724 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 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. Page 3 of 16 16.G.2.c Packet Pg. 1725 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) Scope 16G2 For the purposes of scope definition and CONSULTANT fee development, the work has been divided into the following tasks. Any modifications and/or revisions to these tasks will constitute a change in the project scope and may require a rev ision to the compensation to be paid to the CONSULTANT. These tasks will begin once the COUNTY provides the CONSULTANT with a written Notice to Proceed . These tasks will be complete once the CONSULTANT provides the COUNTY with the closeout documents . The CONSULTANT shall coordinate the overall Construction Phase Program Management, construction observation, and project closeout support services. Each of these services shall be provided by the CONSULTANT, working in concert with the COUNTY and Contractors . The CONSULTANT shall provide the overall construction administration and construction oversight to verify that all elements of construction are being complied with and that the general intent of the contract documents is being met. Also , the CONSULTANT will hire a sub- consultant to perform all required quality assurance testing in the field and on the asphalt to comply with the Contract Documents . Task 1: Project Administration and Coordination This task involves the internal management of the contract including project bookkeeping, billing, and coordination with project stakeholders. The Project Manager (PM) will be readily available to the project team and the COUNTY to oversee necessary project related elements. The PM will keep the COUNTY advised of the work progress, schedule, and anticipated review dates and coordinate necessary revisions. The PM will be the CONSULTANT's main point of contact and will be responsible for ensuring that the project's goals and objectives are met within the agreed upon schedule. Task 2: Weekly Construction Meetings and Site Visits Under this task, the CONSULTANT's Project Manager and/or appropriate technical leads will make visits to the site during construction. Such visits are not intended to be exhaustive in examining the Contractor's work in progress, but rather to provide a general observation of the work based on the Engineer's professional judgment. The CONSULTANT will review the Contractor's work as observed for general conformance with the Contract Documents. The CONSULTANT will not vis it the site to direct or supervise the Contractor's work. The CONSULTANT will be creating meeting minutes at the weekly construction meetings. Site visits will be documented, as necessary, if there are any issues in the field for that specific visit. The field inspector will also document any issues on a regular basis in the daily reports. Note that site visits may be coordinated to happen concurrently with regular project meetings or they may be held at other times. Therefore, the design professional will not necessarily be rep resented at each of the weekly project meetings . The CONSULTANT will also conduct a Pre-Construction Conference before the Contractor is provided with a construction Notice to Proceed. The purpose of this meeting will be to review Page 4 of 16 16.G.2.c Packet Pg. 1726 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 16G2 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 . Page 5 of 16 16.G.2.c Packet Pg. 1727 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 16G2 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 Page 6 ofl6 16.G.2.c Packet Pg. 1728 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) • • • • • • • • • take project progress photographs monitor Contractor's Quality Control Plan administrate Change Orders as necessary 16G 2 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. Page 7 of 16 16.G.2.c Packet Pg. 1729 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 16G2 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 Page 8 of 16 16.G.2.c Packet Pg. 1730 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 6 . 16G2 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 . Page 9 of 16 16.G.2.c Packet Pg. 1731 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 16G2 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 . Page 10 ofl6 16.G.2.c Packet Pg. 1732 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 16G2 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 16.G.2.c Packet Pg. 1733 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) l6G2 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. Page 12 ofl6 16.G.2.c Packet Pg. 1734 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 16G2 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. Page 13 of16 16.G.2.c Packet Pg. 1735 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) SCHEDULE 8-ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Principal Senior Project Manager Project Manager Senior Engineer Engineer Senior Inspector Inspector Senior Planner Planner Senior Designer Designer Environmental Specialist Senior Environmental Special ist Scientist/Geologist Senior Scientist/Geologist Senior GIS Specialist GIS Specialist Clerical/Administrative Senior Technician Technician Surveyor and Mapper CADD Technician Survey Crew -2 man Survey Crew -3 man Survey Crew -4 man Senior Architect Architect 16G2 Hourly Rate $225 $185 $165 $135 $100 $110 $90 $145 $105 $115 $80 $115 $135 $95 $115 $135 $105 $80 $105 $80 $135 $80 $155 $172 $208 $160 $110 Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. Page 14 ofl6 16.G.2.c Packet Pg. 1736 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 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 16G2 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 16.G.2.c Packet Pg. 1737 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2) 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 l6G2 Percentage of Time 10% 40% 10% 15% 20% 20% 30% 20% 60% 5% 10% 30% 20% 16.G.2.c Packet Pg. 1738 Attachment: Atkins Amendment 1_Contract #16-6561 (8372 : CEI Amendment for MKY Apron Construction-Atkins Ademd #2)