Backup Documents 07/09/2019 Item #16G 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT(d !., D
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI d' , ..!. l'4'
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Co
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the L_U JtY It.7 ruit9
Office no later than Monday preceding the Board meeting. 4�
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alrftkci48PietEi`l*rlt
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management /� JA-
2. County Attorney Office County Attorney Office
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71/749-
4. BCC Office Board of County t
Commissioners ,) 451 -4 -15—R
4. Minutes and Records Clerk of Court's Office
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5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950
Contact/ Department
Agenda Date Item was JULY 9,2019 Agenda Item Number 16.G.2
Approved by the BCC
Type of Document AMENDMENT#3 Number of Original 2
Attached Documents Attached
PO number or account N/A 16-6561 ATKINS NORTH
number if document is Atkins North America, AMERICA, INC.
to be recorded Inc.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the AR
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 07/09/2019 and all changes made during
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th a
Chairman's signature. 7,71
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MEMORANDUM
Date: July 16, 2019
To: Ana Reynoso, Purchasing Tech
Procurement Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract #16-6561 "Design Services for Marco Executive
Airport Terminal (Amendment #3)
Contractor: Atkins North America, Inc.
Attached, is an original copy of the contract referenced above, (Item #16G2)
approved by the Board of County Commissioners on Tuesday, July 9, 2019.
The second original contract has been held in the Minutes and Records Department
for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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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
s)L.),\t 2019, by and between Atkins North America Inc., authorized to do
business in the State of Florida, whose business address is 4030 West Boy Scout Boulevard,
Suite 700, Tampa, 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 A1-3 — Scope of Services, which is hereby incorporated into the Agreement.
2. The fees for the additional services outlined in Schedule A1-3 — 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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4. Schedule F1-3 Key Personnel, Subconsultants and Subcontractors is attached
hereto and incorporated into the Agreement.
All other terms and conditions of the agreement shall remain in force.
(reminder of the page is intentionally left blank)
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Third Amendment to Agreement#16-6561
"Design Services for the Marco Island Executive Airport(MKY)New Terminal"
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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.
BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel Jerk of Courts and OF COLLIER CO NTY, FLORIDA
Comptroller .+
Cij 41P/ Ai.-
BY: ,(16:' y" � C_..• B ; ...►�'010,00
*- `�. A , Deputy Clerk Wi,/am L. McDaniel, ., Ch-irman
$1gture+ li' ,.. .
CONSULTANT:
Consu tant's_F 'irst 'tness: Atkins No h Amer'ca c.
By: I. i � . W B
L Y:
Print Name Darin R. Larson, Vice President
Print Name and Title
Consultant's Second Witness:
By: 7:i "47
k F%1I../ tcc,XL c r
Print Name
pr ed as to 'o m nd Legality:
e$ ' -cow L.._
ott R. Tea
Deputy County Attorney
Item# .11 2
Agenda q�,
Date E ��
Date '1—j1 ., ..
Rec'd
1 la
Deputy Cte,k' i
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Third Amendment to Agreement k164561
"Design Services for the Marco Island Executive Airport(MM')New Terminal"
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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 additional 45 calendar days for project closeout.At the end
of April 2019, the 365 calendar days included in the contract with West Construction expired.
As of May 1, 2019, the project is approximately thirty-five (35) percent complete.
At the request of Collier COUNTY Airport Authority (COUNTY), the CONSULTANT has
drafted this scope of services to define the additional effort necessary to continue the
Construction Phase Services for the New Terminal Facility and Associated Improvements at
MKY for an additional six (6) months. This will consist of providing additional professional
services for the administration and technical support during construction. In addition, Atkins
will provide resident project representative(RPR)services for the majority of the additional six
(6) months of construction.
Scope
For the purposes of scope definition and CONSULTANT fee development,the work has been
divided into the following tasks. Any modifications and/or revisions to these tasks will
constitute a change in the project scope and may require a revision to the compensation to
be paid to the CONSULTANT. These tasks will begin once the COUNTY provides the
CONSULTANT with a written Notice to Proceed.
Task 1: Project Administration and Coordination
This task involves the additional internal management of the contract including project
bookkeeping, billing, and coordination with project stakeholders as required due to the time
extension. The Project Manager (PM) will be readily available to the project team and the
COUNTY to oversee necessary project related elements. The PM will keep the COUNTY
advised of the work progress, schedule, and anticipated review dates and coordinate
necessary revisions. The PM will be the CONSULTANT's main point of contact and will be
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responsible for ensuring that the project's goals and objectives are met within the agreed upon
schedule.
Task 2: Weekly Construction Meetings and Site Visits
Under this task, the CONSULTANT's Project Manager and/or appropriate technical leads will
make additional visits to the site during construction as required due to the time extension.
Such visits are not intended to be exhaustive in examining the Contractor's work in
progress, but rather to provide a general observation of the work based on the Engineer's
professional judgment. The CONSULTANT will review the Contractor's work as observed for
general conformance with the Contract Documents. The CONSULTANT will not visit the site
to direct or supervise the Contractor's work.
Note that site visits may be coordinated to happen concurrently with regular project
meetings or they may be held at other times. Therefore, the design professional will not
necessarily be represented at each of the weekly project meetings.
For the purpose of scope definition, the following number of additional visits are anticipated
by a technical lead from each discipline as required due to the time extension:
• Project Manager—26
• Civil/Site Engineer—5
• Architect—40
• MEPFIT Engineers—8
• Utility/Stormwater Engineer- 5
• Structural Engineer— 16
• Site Electrical Engineer—2
Task 3: Permit Required Revisions and Conformed Documents
No additional effort associated with this amendment is required under for this Task.
Task 4: Shop Drawing Review
This task will include the CONSULTANT's additional reviews of shop drawings submitted by
the Contractor as stipulated in the Contract Documents. Amendment 1 included a
maximum of three (3) reviews on each shop drawing or technical submittal times.
Additional reviews beyond three (3) have been required on multiple submittals related to the
terminal building and shall be eligible for additional compensation based on the scope of
Amendment 1.
Task 5: Responses to Contractor Requests for Information (RFI's)
Under this task, the CONSULTANT will prepare additional technical responses to the
questions submitted by the Contractor in the format of a Request for Information (RFI) as
required due to the time extension.
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Task 6: Contractor Applications for Payment and Proiect 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 Proiect Representative (RPR) Services
Under this task, the CONSULTANT will continue to provide on-site Resident Project
Representative(RPR)services for the Project as required due to the time extension.The RPR
shall serve as the liaison between the COUNTY, the CONTRACTOR, and the
CONSULTANT team throughout the project. The foremost duty of the RPR is to observe
construction for general conformance with the Contract Documents. The RPR will be
responsible for reporting to the Project Manager, Engineer, Architect, Airport, and/or
COUNTY when observing work that is unsatisfactory, faulty, defective, or does not
conform to the Contract Documents. The RPR will be responsible for rejecting such work as
agreed upon with the COUNTY and the CONSULTANT.
The duties of the RPR will include:
• collect and log shop drawings, RFI's, RFC's, pay requests, correspondence, etc.
• inspect and monitor Contractor activities
• maintain a daily construction log
• attend weekly progress meetings
• review and approve Contractor's pay requests
• take project progress photographs
• monitor Contractor's Quality Control Plan
• administrate Change Orders as necessary
• organize, prepare for, and lead the substantial completion and final inspections
• create the Contractor's punch list of unfinished items
• verify the Contractor's completion of the punch list
• collect the Contractor's as-built information
• prepare the final closeout documentation
• certify the completion of the project to general conformance with the Contract
Documents
The Resident Project Representative shall have limited authority on site as follows:
• Shall not authorize any deviation from the construction Contract Documents or
substitution of materials or equipment.
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• Shall not exceed limitations of Owner or design professional as set forth in the
construction Contract Documents.
• Shall not undertake any of the responsibilities of the Contractors, subcontractors, or
Contractor's superintendents.
• Shall not advise on, issue directions relative to or assume control over any aspect
of the means, methods, techniques, sequences or procedures of construction
unless such advice or directions are specifically required by the construction Contract
Documents.
• Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Contractor's work.
• Shall not accept shop drawings or sample submittals from anyone other than the
Contractor.
• Shall not authorize the Owner to occupy the Project in whole or in part.
• Shall not participate in specialized field or laboratory tests or inspections
• conducted by others except as specifically authorized.
The contract documents allow 320 calendar days from notice to proceed to substantial
completion of construction plus an additional 45 calendar days for project closeout. The
additional RPR efforts required beyond the 365 calendar days for the six (6) month
extension equates to 26 weeks of contract time. To best serve the project, it is assumed that
there will be two (2) RPR's required: one for vertical construction and the other for site work.
It is assumed that there will be one (1) part-time (3.5 days per week) site RPR on site through
the duration of the contract. An additional inspector may be required on- site during peak
construction activities including, but not limited to, extended paving operations and night
work. Typically, only one site RPR will be on-site at a time. It is assumed that there will
be one (1) part-time (1.5 days per week) vertical RPR on site through the duration of the
contract. Actual time on site may vary from week to week based on the Contractor's work
schedule.
Task 8: FDOT/COUNTY Coordination and Grant Management
The CONSULTANT will assist the COUNTY on coordination with the various agencies on
project funding grant terms, conditions, and assurances and other related coordination
items as required due to the time extension.
Task 9: Preparation of Closeout and Record Documents
No additional effort associated with this amendment is required under for this Task.
BASIC ASSUMPTIONS
The following is a list of assumptions forming the basis of the CONSULTANT's cost
proposal for providing the services detailed in the Scope of Services for this project. Any
modification and/or revision to these basic assumptions will constitute a change in the
project scope and may result in a revision to the CONSULTANT's cost proposal.
1. The scope and assumptions as generally defined within Amendment 1 to
Contract#16-6561 shall remain in effect unless specifically modified herein.
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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 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
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3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior
written approval.
B.2.4. The compensation provided for under Section B.2.1 of this Schedule B, shall be
the total and complete amount payable to CONSULTANT for the Basic Services to be
performed under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.5. Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for Services
performed under this Agreement, CONSULTANT shall continue to perform the Services
required of it under this Agreement, as directed by the COUNTY, pending resolution of the
dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the
COUNTY does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit
no more than one invoice per month for all fees earned that month for both Basic Services and
Additional Services. Invoices shall be reasonably substantiated, identify the services rendered
and must be submitted in triplicate in a form and manner required by the COUNTY.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline
period is subject to non-payment under the legal doctrine of "laches" as untimely submitted.
Time shall be deemed of the essence with respect to the timely submission of invoices under
this Agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual
work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall
be submitted on CONSULTANT's letterhead and must include the Purchase Order Number
and Project name and shall not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2
hereinabove and for reimbursable expenses will be made monthly upon presentation of a
detailed invoice with supporting documentation.
B.3.4. Unless specific rates have been established in Attachment 1, attached to this
Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to
be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall
be limited to a maximum markup of five percent (5%) on the fees and expenses associated
with such subconsultants and subcontractors.
B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as
set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall
consist only of the following items:
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B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if
approved by the COUNTY, may include coach airfare, standard accommodations and meals,
all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the
COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee
Counties. Such trips within Collier and Lee Counties are expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved
in advance and in writing by the COUNTY.
B.3.4.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the COUNTY.
B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other
expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the
performance of the Services.
B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally
recognized accounting basis.
B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before
incurring any reimbursable expenses, and absent such prior approval, no expenses incurred
by CONSULTANT will be deemed to be a reimbursable expense.
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SCHEDULE B1-3 —ATTACHMENT 1
CONSULTANT'S HOURLY RATE SCHEDULE
Title Hourly Rate
Principal $225
Senior Project Manager $185
Project Manager $165
Senior Engineer $135
Engineer $100
Senior Inspector $110
Inspector $90
Senior Planner $145
Planner $105
Senior Designer $115
Designer $80
Environmental Specialist $115
Senior Environmental Specialist $135
Scientist/Geologist $95
Senior Scientist/Geologist $115
Senior GIS Specialist $135
GIS Specialist $105
Clerical/Administrative $80
Senior Technician $105
Technician $80
Surveyor and Mapper $135
CADD Technician $80
Survey Crew- 2 man $155
Survey Crew - 3 man $172
Survey Crew-4 man $208
Senior Architect $160
Architect $110
Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required
by the grantor agency. The above list may not be all inclusive. Additional hourly rates for other
personnel may be added via an Amendment upon mutual agreement in advance and in writing
by the Parties.
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SCHEDULE C1-3
PROJECT MILESTONE SCHEDULE
Cumulative Number
of Calendar Days
Task For Completion
Description from Date of
Notice to Proceed for
Services under this
Agreement
1 Project Administration and Coordination 180
2 Weekly Construction meetings and Site 180
Visits
3 Permitting Required Revisions and N/A
Conformed Documents
4 Shop Drawing Review 180
5 Responses to Contractor RFI's 180
6 Contractor Applications for Payment and 180
Project Delays
7 RPR Services 180
8 FAA/DOT/County Coordination and Grant 180
Management
9 Preparation of Closeout and Record Docs 180
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SCHEDULE F1-3
KEY PERSONNEL
Name Personnel Category Percentage
of Time
Darin Larson Principal 10%
Kevin McCauley Senior Project Manager 40%
Manny Bejarano Senior Engineer IV 10%
Fleet Wulf Senior Engineer III 15%
William Bowdoin Senior Engineer II 20%
Javier Suarez Paz Senior Engineer I 20%
Adanna Ryce Engineer II 30%
Anushka Seereeram CADD Technician 20%
TBD Senior Inspector 60%
TBD Inspector 5%
Scotty Bakowski Clerical/Administrative 10%
Gary Krueger Senior Architect 30%
Somer Spencer Architect 20%
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