FOURTH AMENDMENT TO AGREEMENT FOR PHASE 1B OF PROJECT REDESIGN. Between BROWARD COUNTY. And the following joint venture parties:

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1 Page 1 of 73 FOURTH AMENDMENT TO AGREEMENT FOR PHASE 1B OF PROJECT REDESIGN Between BROWARD COUNTY And the following joint venture parties: PIERCE GOODWIN ALEXANDER AND LINVILLE, INC. AND ZYSCOVICH, INC., For CONSULTANT SERVICES FOR REDESIGN OF TERMINAL 4 AT THE FT. LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT RLI # AV-02

2 Page 2 of 73 This is a Fourth Amendment to an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter referred to as "COUNTY," AND Pierce Goodwin Alexander and Linville, Inc., a Texas corporation, authorized to do business in the State of Florida, and Zyscovich, Inc., a Florida corporation, as joint venture parties, hereinafter collectively referred to as "CONSULTANT." Whereas, the COUNTY and CONSULTANT entered into an Agreement for Consulting Services for the Redesign of Terminal 4 at the Fort Lauderdale-Hollywood International Airport, dated July 1, 2003 ("Agreement"); and Whereas, the COUNTY and CONSULTANT entered into a first amendment to agreement on October 12, 2004; and Whereas, the COUNTY and CONSULTANT entered into a second amendment to agreement on February 26, 2008, and Whereas, the COUNTY and CONSULTANT entered into a third amendment to agreement on June 23, 2009, and Whereas, the parties desire to modify the Agreement to provide for services relating to the redesign of Terminal 4 at Fort Lauderdale-Hollywood International Airport; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises covenants, and payments hereinafter set forth, COUNTY and CONSULTANT agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Section 1.14 is hereby amended as follows: 1.14 Program Manager: The Program Manager is URS Corporation, DMJM Aviation, Inc., or such other person or entity as may be designated in writing by the Contract Administrator. To the extent authorized herein, the Program Manager shall be the County's representative to the CONSULTANT with respect to the Project. 2

3 Page 3 of Section 1.15 is hereby amended as follows: 1.15 Project: Professional architectural and engineering services in connection with the preparation of an Airport Aesthetic Design Criteria Manual and for the redesign of a new South Terminal 4, Western Expansion through construction documents and schematic plans for the entire Terminal 4 expansion at Ft. Lauderdale-Hollywood International Airport. 4. Section 1.16 is hereby deleted in its entirety. 5. Section 3.1 is hereby amended as follows: 3.1 CONSULTANT S services shall consist of the phases and tasks set forth in Exhibit "A", attached hereto and made a part hereof, and shall include civil, structural, mechanical and electrical engineering, architectural, including LEED standards as further outlined in below, and other design related services, as applicable for the Project. CONSULTANT shall provide all services as set forth in Exhibit "A" including all necessary, incidental and related activities and services required by the Scope of Services and contemplated in CONSULTANT S level of effort. The parties recognize that additional work may subsequently be identified that falls within the Project due to scheduling or other requirements. If the COUNTY determines in its sole and exclusive discretion that such additional work may be included in this Agreement, then subject to negotiation and agreement of the parties as to the terms thereof, any such additional work shall be reflected in an amendment to this Agreement, change order or Work Authorization as appropriate COUNTY has indicated that a Project goal is to achieve certification under the U.S. Green Building Council s (USGBC) Leadership in Energy and Environmental Design (LEED ) green building-rating system. COUNTY understands that designing, constructing or renovating buildings in an environmentally responsible manner requires a great deal of planning and innovation. LEED certification will require input and effort from COUNTY and CONSULTANT as well as other consultants, contractors and other parties associated with the Project that are not parties to this Agreement. COUNTY understands that the Project will be subject to the LEED-certification processes and procedures as determined by the USGBC. These procedures are 3

4 Page 4 of 73 outside the control of CONSULTANT, may not be uniformly implemented and may be subject to change at any time. CONSULTANT cannot guarantee LEED certification or the actual performance of the building based on CONSULTANT S design drawings, specifications, or resource use or consumption modeling for the Project, nor can it guarantee certain performance levels anticipated through the LEED-certification process. Notwithstanding the preceeding paragraphs, CONSULTANT shall remain responsible for submitting complete and thorough documents and materials to the USGBC in a timely manner. While the LEED certification of the Project cannot be guaranteed, the CONSULTANT shall carry out all of the responsibilities as the designer of a LEED project for the COUNTY and will continue throughout the LEED certification process including commissioning for LEED purposes. Only interference by the COUNTY or decisions made by the COUNTY shall be grounds for not obtaining LEED certification of the Project. 6. Section 3.2 is hereby amended as follows: 3.2 CONSULTANT and COUNTY acknowledge that the Scope of Services does not delineate every detail and minor work task required to be performed by CONSULTANT to complete the Project. If, during the course of the performance of the services included in this Agreement, CONSULTANT determines that work should be performed to complete the Project which is in the CONSULTANT's opinion outside the scope as identified in Exhibit "A-4" level of effort originally anticipated, whether or not the Scope of Services identifies the specific tasks work items, CONSULTANT shall notify Program Manager in Services identifies the work items, CONSULTANT, shall notify Program Manager in writing in a timely manner before proceeding with the work. If CONSULTANT proceeds with said work without notifying Program Manager, said work shall be deemed to be within the scope of services original level of effort, whether or not specifically addressed in the Scope of Services. Notice to Program Manager does not constitute authorization or approval by COUNTY to perform the work. COUNTY through the Program Manager shall respond to the additional work request within twenty (20) days of the date the notice of said work was received by the Program Manager. If an item is to be changed, and requires Board approval for the change, then the actual approval by the Board may take longer than 20 days. Performance of work by CONSULTANT outside the scope of services originally anticipated level of effort without prior written COUNTY approval is at CONSULTANT'S sole risk. The Scope of Services and deliverables for each of the phases and tasks of services are detailed in Exhibit "A-4" The CONSULTANT must perform all required services for each phase and task, in accordance with the Scope of Services. The amounts set forth in Article 5 shall not be increased if the actual hours or deliverables required for any phase or task that were agreed 4

5 Page 5 of 73 to by the COUNTY and the COUNSULTANT, as set forth in Article 5, unless any such work over and above the agreed to hours or deliverables is not due to the fault of CONSULTANT and is due to factors beyond the control of the CONSULTANT. This does not relieve the CONSULTANT from due diligence responsibilities. Documents prepared by CONSULTANT or its subconsultant for COUNTY, shall include, without limitation, (i) all documents actually prepared by CONSULTANT and submitted to COUNTY and (ii) all documents prepared by any subconsultant or any other person at the request of CONSULTANT and submitted to COUNTY in connection with the Project, regardless of the degree, if any, of CONSULTANT S actual involvement in the preparation of the documents. The CONSULTANT acknowledges that errors and omissions determined by COUNTY in the documents prepared by CONSULTANT or any of its subconsultants for COUNTY can result in claims, demands, losses, damages, liabilities, costs and expenses for the COUNTY. The CONSULTANT agrees that involvement of the CM@RISK Contractor and the COUNTY during the Design Phase, in no way relieves the CONSULTANT of the responsibility to fulfill all obligations and activities including due diligence of the CONSULTANT under the CONSULTANT contract documents, to comply with all terms and conditions under the CONSULTANT S contract documents and to fulfill its professional responsibility. The CONSULTANT agrees that upon completion of the Site Investigation and following COUNTY S acceptance of the Design Development documents for each designated construction package, CONSULTANT agrees that any claims, demands, losses, damages, liabilities, costs and expenses made by CM@RISK contractor against COUNTY, and validated by BCAD, during the Construction Phase for errors and omissions shall be charged against the Design Contingency Fund and shall include the actual amount of the change in the construction costs of construction work, BCAD costs and all associated fees including CPM and CM@R construction project manager fees and costs. Claims for errors and omissions shall also include those associated with CONSULTANT not performing sufficient quality control through coordination between design disciplines and subconsultants. 7. Section 3.3 is hereby amended as follows: 3.3 COUNTY and CONSULTANT acknowledge that Exhibit "A" is for the first portion of services related to the Project and that additional negotiations will be required for subsequent phases or tasks. The scope initial effort as provided in Exhibit "A" is for the schematic design for the entire South Terminal 4 Western expansion through construction documents and schematic plans for the entire 5

6 Page 6 of 73 Terminal 4 expansion;. the final design of an expanded FIS facility, and the development of an Airport Aesthetic Design Criteria Manual. If desired by the COUNTY, this Agreement may be amended at a later date to include additional design work for the final design of the South Terminal 4. The COUNTY may procure services for subsequent or additional phases or tasks, including but not limited to the phases or tasks for additional the final design of the South Terminal 4 from another vendor or consultant or the COUNTY may negotiate with the CONSULTANT for additional scopes of services, compensation, time of performance and other related matters for subsequent or additional phases or tasks of the Project, including but not limited to the phases or tasks for the final design of the South Terminal 4. COUNTY shall have the right at any time to immediately terminate any negotiations with CONSULTANT at no cost to COUNTY and procure services for subsequent or additional Project phases or tasks from another source. Nothing in these provisions or this Agreement shall in anyway be deemed to obligate the COUNTY to procure services for subsequent or additional Project phases or tasks from CONSULTANT. In addition, the COUNTY shall have the right, at its sole and exclusive discretion and upon seven (7) calendar days notice in writing, to terminate any one or more phases or tasks of service described in Exhibit "A," from this Agreement, and to procure services for such Project phases or tasks from another source. In such event: (i) CONSULTANT shall be paid for services performed through the date of termination, subject to other applicable provisions hereof; and (ii) any phases or tasks not terminated by such written notice shall continue to be covered by this Agreement and CONSULTANT shall perform the services required by such phases or tasks pursuant to the terms and conditions of this Agreement. 8. Section 3.5 is hereby amended as follows: 3.5 Codes/Regulations. CONSULTANT, as it relates to the services required to be performed herein, represents and acknowledges to the COUNTY that it and its subconsultants are knowledgeable as to any and all codes, rules and regulations applicable in the jurisdictions in which the Project is located and the funding sources for the Project, including without limitation, County and local ordinances and codes, Florida laws, rules, regulations and grant requirements, and Federal laws, rules regulations, advisory circulars and grant requirements, including without limitation, PFC requirements, requirements of the Americans with Disabilities Act, and grant requirements of the Federal Aviation Administration (FAA) and of the Transportation Security Administration (TSA) and of the Florida Department of Transportation (FDOT). In the performance of services under this Agreement, the CONSULTANT and its subconsultants shall comply with all such laws, codes, rules, regulations, advisory circulars and requirements now in effect and as may be amended or adopted at any time during the term of this Agreement, and shall further take into account in the performance of its services hereunder, all known pending changes to the 6

7 Page 7 of 73 foregoing. The CONSULTANT and its subconsultants shall provide any and all certifications to the COUNTY as to compliance with such laws, codes, rules, regulations, advisory circulars and requirements, as may be required by any governmental body, including FAA, TSA, FDOT and County agencies, or as may be requested by the Aviation Department. The CONSULTANT shall insert all required FAA, TSA, and FDOT provision in the construction drawings and specifications contracts(s) for the Project. The CONSULTANT will incorporate the provisions of this Section 3.5 without modification into all agreements with its subconsultants. Design changes made necessary by newly enacted laws, codes and regulations that occur after submission of the Construction Documents to the appropriate government agencies shall entitle the CONSULTANT to a reasonable adjustment in the schedule and additional compensation in accordance with the additional services provision of this Agreement as determined by the Contract Administrator. 9. Section 3.7 is hereby amended as follows: 3.7 If In order to avoid a duplication of effort or expense, CONSULTANT agrees to utilizes any COUNTY provided information including but not limited to, plans, specifications, information, data, reports or analyses that may be prepared or generated by other consultants retained by the COUNTY, in connection with CONSULTANT S services hereunder, then CONSULTANT shall do so at its own risk. CONSULTANT shall perform due diligence in connection with the use of such information. In addition, COUNTY may provide any plans, specifications or any information, obtained or prepared by CONSULTANT, including, but not limited to data, reports or analyses to other consultants retained by the COUNTY or to any other party and does not guarantee the accuracy of the information. CONSULTANT shall have the right to rely upon the accuracy and completeness of any information provided by the COUNTY, which is signed and sealed by a State of Florida registered professional or surveyor unless the information is outdated. CONSULTANT may also commission additional reports, surveys, and services to obtain any additional or confirming information, as necessary for the performance of CONSULTANT'S services required herein, as an optional service or reimbursable expense through the process as set forth in this Agreement. Instead of CONSULTANT proceeding with securing such additional information, COUNTY may also, at its option, provide supplemental or confirming information. However, if CONSULTANT is required to merely incorporate another consultants' or contractors work product into its work product, then the due diligence requirement shall not apply. The due diligence requirement will not apply to planning studies provided by BCAD to CONSULTANT, such as peak studies, 7

8 Page 8 of 73 used in determining level of service but due diligence will apply to all appendices of the PDD and Procurement Strategy documents. The CONSULTANT will exercise customary professional care in bringing errors to the attention of PM for those documents where due diligence is not required. When CONSULTANT is preparing record drawings from as builts, CONSULTANT shall be responsible to determine that all design changes are covered in the as built documentation. 10. A new subsection 3.10 is hereby added to read as follows: 3.10 Review Codes for Submittals The CONSULTANT will review the Submittal Package and indicate one of the following appropriate actions for each item requiring review: No Exceptions Taken (Code A) The mark No Exceptions Taken indicates final action and that no changes need to be made to the submittal. The Contractor may proceed with the work for that submittal. Re-submittal is not required. Exceptions as Notes (Code B) The mark Exceptions as Noted indicates that the Submittal is accepted subject to corrections, comments, or both as noted. The Contractor may proceed with the work for that Submittal provided the Contractor incorporates the reviewer s corrections, comments, or both in the work. Re-submittal is not required. Revise and Resubmit (Code C) The mark Revise and Resubmit indicates the Submittal was reviewed and does not meet all the requirements necessary to proceed with the work associated with the submittal. The Contractor must resubmit in accordance with the reviewer s corrections, comments, or both, regarding the Submittal. Submittals marked in this manner must not be released by the contractor for fabrication, delivery, or construction. Rejected (Code D) The mark Rejected indicates that the Submittal does not meet requirements set forth in the Contract Documents. The Contractor must resubmit this work in accordance with the Contract requirements and any corrections, or both, made regarding the Submittal by the reviewer. No Action Taken (Code E) The mark No Action Taken indicates that the Contractor has met the contractual requirement for providing drawings and calculations for 8

9 Page 9 of 73 equipment, false-work, shoring, bracing, and other temporary structures or temporary services required for the work, designed, signed, and sealed by a Florida licensed engineer employed by that Contractor. The Contractor and the licensed engineer employed by that Contractor will be solely responsible for, including but not limited to, the proper implementation, execution, installation, operation, and construction procedure or methods covered by this Submittal. Void (Code F) The mark Void indicates that the material covered under this submittal is no longer required for this project. All reviews shall be stamped and signed by a State of Florida licensed professional Engineer or Architect. No alternative language on a stamp shall be accepted by BCAD. 11. A new Section 3.11 is hereby added to read as follows: 3.11 Due to the nature of the services included in this Agreement, Consultant shall provide a dedicated level of effort through the staffing of certain key personnel, which Key Employees are identified by name on Exhibit I-4, attached hereto and made a part hereof. The Key Employees shall be used on this Project (as delineated on Exhibit I-4), and shall be wholly committed to the execution of the services required for the duration of the Project. The Key Employees identified in Exhibit I-4will not be changed, removed, or replaced, by Consultant, without the prior written approval of the Contract Administrator. In the event approval is to be given for the replacement, change or removal of any Key Employee, the Consultant shall bear the costs of all relocation expenses associated with such event and with no cost to the County. Consultant shall provide the County with such information as is necessary to determine the suitability of proposed new Key Employees, including without limitation, evidence of its ability to continue to render unimpaired services under this Agreement. New replacement Key Employees prior to placement on the Project personnel roster, Exhibit I-4, shall be subject to the approval of the Contract Administrator. Failure to obtain prior approval of the Contract Administrator shall subject Consultant to possible disallowance of payment for any such personnel. Key and Core staff providing basic services shall work at a minimum the number of hours shown on Attachment 2 to Exhibit A-4. Core staff is identified in Exhibit I-4 and shall not be changed without prior written notice to Contract Administrator. Consultant shall bear the costs of relocation expenses for such an occurrence. 9

10 Page 10 of Article 4 is hereby amended as follows: ARTICLE 4 TIME FOR PERFORMANCE; CONTRACTOR DAMAGES; LIQUIDATED DAMAGES 4.1 CONSULTANT shall perform the services described in Exhibit "A" within the time periods specified in the Project Schedule included in Exhibit "A". Such time periods shall commence from the date of the Notice to Proceed, (N-T-P) for such services The CONSULTANT and Contract Administrator, upon recommendation by the Program Manager, may agree to change the list of drawings or other deliverables as negotiated, as these are estimates only and such drawings or deliverables may change as the project work becomes more defined, provided that any such change shall not result in a change in any of the amounts payable under this Agreement, unless an amendment is entered into in accordance with the County's Procurement Code. The CONSULTANT shall be given an N-T-P for each design phase issued by the Contract Administrator through the Program Manager. If CONSULTANT proceeds to the next design phase without an N-T-P from the Program Manager, then CONSULTANT shall do so at its own risk In the event CONSULTANT is unable to complete any services because of delays resulting from untimely review by COUNTY or other governmental authorities having jurisdiction over the project, and such delays are not the fault of CONSULTANT, or because of delays which were caused by factors outside the control of CONSULTANT, COUNTY shall grant a reasonable extension of time for completion of the services and if appropriate, shall may provide reasonable compensation, at the sole discretion of the Contract Administrator, if appropriate. It shall be the responsibility of CONSULTANT to notify the Program Manager promptly in writing whenever a delay in approval by a governmental agency is anticipated or experienced, and to inform the Program Manager of all facts and details related to the delay. In the event that issuance of a Notice to Proceed for specific phases or tasks is delayed by the Aviation Department pursuant to Section 4.2, the CONSULTANT's time to complete services will be adjusted as appropriate, subject to COUNTY Contract Administrator approval. 4.4 In the event Contractor fails to substantially complete the Project on or before the substantial completion date specified in its agreement with COUNTY or if Contractor is granted an extension of time beyond said substantial completion date, through no fault of CONSULTANT, COUNTY shall grant a reasonable extension of time for completion of the services, and if appropriate, a reasonable 10

11 Page 11 of 73 increase in Construction Administration fees compensation at the sole discretion of Contract Administrator. Any additional compensation will be set in accordance with the rates, fees, and overall multipliers established by Article In the event Contractor engaged for this Project fails to substantially complete the project on or before the substantial completion date scheduled in this agreement with COUNTY, and the Contractor is entitled by its Contract with COUNTY to recover damages for delay, and the failure to substantially complete is caused in whole or in part by a negligent act, error and omission of CONSULTANT or by CONSULTANT s failure to perform in accordance with this Agreement, then CONSULTANT shall pay to COUNTY (or, at the election of the COUNTY, to the damaged Contractor) that portion of Contractor s claim attribute to CONSULTANT s failure. By reference hereto, the provisions of the COUNTY s standard form construction contracts pertaining to computation of delay damages and resolution of disputes are incorporated herein; CONSULTANT acknowledges receipt of and familiarity with such standard form provisions; CONSULTANT accepts and agrees to perform the duties of the Consultant or Criteria Engineer set forth therein, including participation in mediation when required by such construction contracts. The foregoing obligation is in addition to, independent of, and shall not be construed to limit the rights and obligations of either party set forth in Section 9.9, Indemnification of County. 4.6 In the event Consultant commits negligence or an error or omission, and the Design Contingency Fund is depleted, then CONSULTANT shall be responsible for and pay COUNTY's extra expense and costs associated with this circumstance, and at County's option, in the event COUNTY is responsible to Contractor for payment, pay for the Contractors and CPM's expense and costs to remedy the situation. 4.7 Time of the Essence. Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. 4.8 In the event Consultant fails to complete the phases and tasks of services identified in Exhibit A on or before the applicable Time for Performance, Consultant shall pay to County the sum of dollars identified below for each calendar day after the applicable Time for Performance, plus approved time extensions thereof, until completion of the phase or task: 11

12 Page 12 of 73 Phase I Project Validation Report Phase I - Schematic Design Phase II - Design Development $ 200 $ 200 $ 200 Phase III - 30% Construction Documents $ 200 Phase IV - 75% Construction Documents *Phase V Permitted Documents $ 200 $ 200 These amounts are not penalties but are liquidated damages to County for its inability to proceed with, and complete, the Project in a timely manner pursuant to the agreed upon Project Schedule. Liquidated damages are hereby fixed and agreed upon by the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by County as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Consultant to complete the respective phases or tasks within the applicable Time for Performance. This provision shall not affect the rights and obligations of either party as set forth in Section 9.9, INDEMNIFICATION OF COUNTY. *This category will be applied only if the CONSULTANT does not respond in a timely manner to any regulatory authorities plan review comments. Timely shall mean, for the purposes of this section, a reasonable amount of time for the CONSULTANT to prepare revisions needed to satisfy the reviewing agencies comments. 13. Section is hereby amended as follows: Deliverables List and Staff-Hour Calculation Based upon the Scope of Services described in Exhibit A, the CONSULTANT has provided a list of drawings, reports, studies, and other design related deliverables to the Program Manager and assigned a quantity of staff-hours to each document/task. The staff-hours and deliverables assigned to each document/task has been approved reviewed by the Program Manager and the Contract Administrator and were approved by the Contract Administrator, and is the basis for the total Maximum Amount Not-To-Exceed or Lump Sum amounts for each phase. 12

13 Page 13 of Section is deleted in its entirety and the following language is substituted therefore: Schedule of Compensation Components. Type Amount Basic Services, (including all investigative services, $7,800,000 Schematics to Permitted Plans) (Lump Sum) Optional Services (Maximum Not To Exceed) $480,000 Reimbursables (Maximum Not To Exceed) $695,000 Total Design Fee (Maximum Not To Exceed) $8,975,000 *+ Design Contingency Fund $100,000 Design Contingency for Owner changes, (Designer costs) $100,000 *Design/Specifications Completion allowance, (for code $200,000 interpretations) County Reimbursement Account $0 *If at the time the Certificate of Occupancy is issued for the Project there is money left in Design Contingency Fund and in Design/Specifications Completion allowance, then the remaining money shall be split on a 50% - 50% basis between the CONSULTANT and COUNTY. +CM@R and CPM costs to COUNTY including general conditions and overhead and profit will be deducted from Design Contingency Fund and put in COUNTY Reimbursement Account through execution of a CPEAM. This shall apply only to the errors and omissions as described in Design Contingency Fund below. If the Design Contingency Fund is depleted and an error or omission is committed by CONSULTANT, then COUNTY and CONSULTANT shall participate in a Due Process Claims procedure set forth below. If the COUNTY prevails, then it may pursue any applicable remedies against the CONSULTANT or use any other method including withholding payments to owed CONSULTANT in order to collect any amounts owed to the COUNTY because of errors and omissions committed by CONSULTANT. In the event a dispute between the CONSULTANT and CPM shall arise over the use of said funds, such dispute shall be promptly presented to the Contract Administrator for resolution. If the dispute cannot be resolved by the Contract Administrator and CONSULTANT, such dispute shall be presented to the County Administrator's Office for resolution. The resolution of the County Administrator s office shall be set forth in a written document. 13

14 Page 14 of 73 Basic Services: Those services outlined in Exhibit "A-4" and at the time of execution of the fourth amendment to the Agreement, it is anticipated all of the services as set forth in Exhibit A will be provided and are needed in order to meet the COUNTY'S expectations as defined in the Project Definition Document (PDD) as the PDD exists at the time of the execution of the fourth amendment to the Agreement. Optional Services: Those services as outlined in Exhibit F-4 that may be utilized by COUNTY if it is determined during the completion of the Project that these services are in fact needed to complete the Project. This is not a comprehensive listing of all possible services that may be needed, however; at the time of the initiation of this phase of the Project these services have been identified as possible services that may be needed. Reimbursables: This item represents direct hard costs for products that the CONSULTANT buys and will provide to COUNTY under the terms of this Agreement or for expenses incurred by CONSULTANT in completing the Project. The services are listed in Section hereof. Design Contingency Fund: This item is an amount of money set aside that will be utilized by the COUNTY, as authorized by the Contract Administrator, to pay for the extra costs the COUNTY incurs from the Contractor due to COUNTY determination of an error or omission by the CONSULTANT or subconsultant utilized by the CONSULTANT. At the end of the project based on issuance of a Certificate of Occupancy, unused funds in this allowance will be split between the COUNTY and the CONSULTANT on a 50/50 basis. Design Contingency for Owner Changes: This item is an amount of money set aside that will be utilized by the COUNTY as authorized by the Contract Administrator, to pay CONSULTANT for extra design services that are based upon changes to the design specifications that have been requested by COUNTY due to COUNTY initiated changes, Acts of God, or unforeseen conditions. Design/Specifications Completion Allowance: This item is an amount of money set aside that will be utilized by the COUNTY, as authorized by the Contract Administrator, when any agency with jurisdiction over the Project renders a code interpretation which requires a redesign of plans or specifications to comply with such agencies' interpretation of its Code or regulations. It will be within the Contract Administrators' authority to determine whether it is an error or omission by the CONSULTANT or whether it is a code interpretation issue that was created by the controlling agency regarding its own Code or regulation. County Reimbursement Account: This account will begin without any dollar amount (zero dollar balance) identified and if an error or omission occurs during the term of the 14

15 Page 15 of 73 Project, the money equal to the costs to the County as a result of any error or omission will be moved from the Design Contingency Fund line item to the COUNTY Reimbursement Account and said amount(s) shall be retained by the COUNTY. Any disputes regarding this section shall be resolved as set forth in Section 6.2 here. 15. Section is hereby amended as follows: COUNTY agrees to pay CONSULTANT as compensation for performance of all services as related to Exhibit "A-4" required under the terms of this Agreement, Lump Sum fees or Salary Costs as described in Section 5.2 up to a Maximum Amount Not-To-Exceed of $7,216, Fifteen Million Sixteen Thousand Six Hundred Fifty-Eight Dollars, ($15,016,658.00) and to reimburse CONSULTANT for Reimbursables (for all services described in Exhibit "A-4") as described in Section 5.3, up to a Maximum Amount Not-To-Exceed of $351, One Million Forty-Six Thousand Six Hundred Eleven Dollars ($1,046,611.00) and to pay CONSULTANT as compensation for performance of Optional Services, as described in subsection 5.1.4, below, up to a Maximum Amount Not-To-Exceed of $1,880,973,Two Million Three Hundred Sixty Thousand Nine Hundred Seventy-Three Dollars ($2,360,973.00) for a total maximum amount payable to CONSULTANT under this Agreement of Nine Million, Four Hundred Forty Nine Thousand, Two Hundred Forty Two Dollars ($9,449,242.00) Eighteen Million Eight Hundred Twenty-Four Thousand Two Hundred Forty-Two Dollars ($18,824,242.00). It is understood that the method of compensation is that of "Maximum Amount Not-To-Exceed" or "Lump Sum," as specified in 5.1.2, above. For items noted "Maximum-Not-To-Exceed," CONSULTANT shall perform all services set forth for total compensation in the amount of or less than that stated above. For items noted "Lump Sum," CONSULTANT shall perform all services for the total compensation amount stated for such item. The hourly rates payable by COUNTY for each of CONSULTANT's employee categories shall be shown on Exhibit "B-4". 16. Section is hereby amended as follows: The Optional Services identified in Exhibit "F-4," attached hereto and made a part hereof, which are (including any Reimbursables with respect thereto) in the total amount of One Million Eight Hundred Eighty Thousand Nine Hundred Seventy Three Dollars ($1,880,973) Two Million Three Hundred Sixty Thousand Nine Hundred Seventy Three Dollars ($2,360,973.00) and identified as Items 1 through 6 are is a maximum not-to-exceed amounts. Such services may be authorized in the sole discretion of the Contract Administrator, Purchasing 15

16 Page 16 of 73 Director or the Commission, as applicable,. subject to the maximum amounts set forth respecting each item. (a) (b) The Optional Services identified in Exhibit "F-4," attached hereto and made a part hereof, are maximum not-to-exceed amounts. Such services may be authorized by the Contract Administrator, in his or her sole discretion, subject of the maximum amounts set forth respecting each item and the maximum amount set forth in the Work Authorization. The CONSULTANTS's compensation under a Work Authorization for services shall not exceed the amount approved in the Work Authorization. If additional work is required over the amount set forth in the Work Authorization, any additional compensation must be reflected in an approved Work Authorization. Work Authorizations shall be in format similar to samples in Exhibit "E-4," attached hereto and made a part hereof. In any of Items set forth in Exhibit "F-4," and not needed, or if any portion of a Maximum Not-To-Exceed Amount on Exhibit "F-4" is not necessary to complete the services, or if the services for any Maximum Not-To-Exceed Amount are completed for less than the maximum amount established for such Item, the unused amount allocated to such item may be transferred to any other item contained within Exhibit "F-4" upon written approval by the Contract Administrator. Work authorizations utilizing such transferred amounts shall be subject to the limitations and requirements set forth in this Agreement for all Work Authorizations. All Work Authorizations must be issued in accordance with the provisions of this subsection. Any such work shall be subject to the approval of the Commission, Purchasing Director, or Contract Administrator, as appropriate, pursuant to the terms of this subsection and Work Authorizations shall be in a format similar to the samples attached in Exhibit "E." (1) Before any work is performed as Optional Services the CONSULTANT shall supply the Program Manager with an estimate for all charges expected to be incurred for such work, the time to complete the deliverable(s) and a complete scope of services which estimate shall be reviewed by the Program Manager with the Contract Administrator and the CONSULTANT and a final amount for CONSULTANT's compensation shall be approved in the manner set forth in (2) and (3) below. (2) Work Authorization under "Optional Services" which will cost the COUNTY less than Thirty Five Hundred Thousand Dollars ($3500,000.00) or more, shall be approved by the Contract Administrator and the CONSULTANT. 16

17 Page 17 of 73 (3) Work Authorizations which will cost the COUNTY from Thirty Thousand Dollars ($30,000.00) to One Hundred Thousand Dollars ($100,000) shall be approved by the Commission and signed by its Mayor or Vice-Mayor and the CONSULTANT. (3) Work Authorizations under "Optional Services" which will cost the COUNTY more than $500, shall be approved by the Commission. (4) The CONSULTANT's compensation under a Work Authorization for "Optional Services" shall not exceed the amount approved in the Work Authorization unless such additional amount was first approved by the Commission or the Contract Administrator, as applicable. (c) All Work Authorization shall contain, at a minimum the following information and requirements:... (5) Authorizations shall be dated, serially numbered and signed by the Contract Administrator, Purchasing Director, or the Commission, as required by this Subsection 5.1.4, and the Procurement Code. 17. Section is hereby amended as follows: The term Salary Costs as used herein shall mean the hourly raw salary rate as shown on Exhibit "B," attached hereto and made a part hereof, paid to all personnel engaged directly on the Project including, but not limited to, principals, architects, engineers, draftpersons and clerks, which is multiplied by an overall factor per Exhibit "B" which consists of the following: (1) a fringe benefits factor, which includes sick leave, vacation, holiday, unemployment, excise and payroll taxes, contribution for social security, unemployment compensation insurance, retirement benefits, and medical and insurance benefits; (2) an overhead factor and (3) an operating profit margin. Said Salary Costs are to be used only for time directly attributable to the Project. A detailed breakdown of these costs shall be kept current and readily accessible to COUNTY. The breakdown of overhead and fringe benefit factors shall be certified by a Certified Public Accountant; provided however, subconsultants of the CONSULTANT may be exempted from this requirement upon application to, and written approval by, the County Auditor. Said certification shall be dated within ninety (90) calendar days after CONSULTANT's just completed fiscal year. CONSULTANT certifies that all rates 17

18 Page 18 of 73 and multipliers set forth herein are not higher at contract execution than those rates and multipliers in other contracts that CONSULTANT has either directly with the COUNTY or as a subconsultant under a COUNTY contract and that the rates an multipliers are consistent with the Federal Aviation Regulation (FAR) Guidelines for Cost & Pricing Data The term Salary Costs as used in this Agreement for CONSULTANT and its subconsultants shall mean the hourly rates as shown on Exhibits to the Work Authorization and will include fringe benefits, including, but not limited to: sick leave, vacation, holiday, unemployment, excise and payroll taxes, contributions for social security, unemployment compensation insurance, retirement benefits, and medical and insurance benefits. Such salary costs shall be paid to all personnel engaged directly on a Project including, but not limited to, Project Managers, Engineers, Inspectors, and administrative personnel. Said Salary Costs are to be used only for time directly attributable to the Project or the services, and the services described in this Agreement. Total costs comprising the overhead and fringe benefit factors shall be consistent with the guidelines set forth on Attachment IV, relating to eligible overhead costs, and shall also be consistent with the Federal Acquisition Regulation (FAR) Guidelines for Cost & Pricing Data. A detailed breakdown of these costs shall be kept current and readily accessible to County. The breakdown of overhead and fringe benefit factors shall be certified by an independent outside Certified Public Accountant(CPA)(who is not an employee of CONSULTANT or its subconsultants); provided however, subconsultants of the CONSULTANT may be exempted from this requirement upon application to, and written approval by, the County Auditor. Until said certification is provided, or an exemption determined and approved by the County Auditor's Office, only the hourly rate without any overhead or fringe benefit factor shall be paid by the County to CONSULTANT. The overhead and fringe benefit factors may be paid retroactively for the period of time certified by the CPA. Said certification shall be dated within ninety (90) calendar days after CONSULTANT'S or subconsultant's just completed fiscal year and shall be provided annually thereafter. The overhead and fringe benefit factors shall be adjusted each year in accordance with each audit supplied, but shall never exceed In any year that an audit is not supplied timely, then no overhead or fringe benefits shall be paid until receipt of that annual audit. As above, the overhead and fringe benefit factors may be 18

19 Page 19 of 73 paid on a retroactive basis. The CPA and the CONSULTANT shall certify that the rate components of the multipliers are consistent with the Federal Acquisition Regulation (FAR) Guidelines for Cost & Pricing Data and with Attachment IV Section 5.3.1(b) is hereby amended as follows: 5.3.1(b) Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for CONSULTANT's personnel subject to the limitations of Section Florida Statutes. Meals for class C travel inside Broward County, Palm Beach County and Miami Dade County, will not be reimbursed. Meals and lodging expenses will not be reimbursed for temporarily relocating CONSULTANT's employees from one of CONSULTANT's offices to another office if the employee is relocated for more than ten (10) consecutive calendar days. Lodging will be reimbursed only for room rates equivalent to Holiday Inn, Howard Johnson or Ramada Inn. Reimbursables covered hereby must have the written approval of the Contract Administrator prior to being incurred. 19. Section 5.3.1(c) is hereby amended as follows: 5.3.1(c) Identifiable communication expenses approved by Contract Administrator, long distance telephone, courier and express mail expenses between the CONSULTANT's various permanent offices and the COUNTY, and the CONSULTANT and its subconsultants shall be eligible for reimbursement. The CONSULTANT's field office at the Project site is not considered a permanent office: CONSULTANT may request preapproval of a specified sum on a quarterly basis for courier and express mail services with the understanding that reimbursement of same is at the sole discretion of the Contract Administrator. Reimbursables covered hereby must have the written approval of the Contract Administrator prior to being incurred payment of same. Reimbursables under $ do not require prior approval of the Contract Administrator and the Contract Administrator may provide bulk or group pre-approval, or waive the prior approval requirement on a limited or special basis. Such waiver or bulk or group pre-approval must be in writing from the Contract Administrator and be obtained prior to any such purchases or expenditures. 19

20 Page 20 of Section 5.3.1(d) is hereby amended as follows: 5.3.1(d) Cost of printing, reproduction or photography which is required by or of CONSULTANT to deliver services set forth in this Agreement. Reimbursables covered hereby must have the written approval of the Contact Administrator prior to being incurred payment of same, except as noted in 5.3.1(c) above. 21. Section 5.3.1(e) is hereby amended as follows: 5.3.1(e) The reimbursables listed on Exhibit "D," attached hereto and made part hereof. Reimbursables described by Exhibit "D" hereby must have the written approval of the Contract Administrator Prior to being incurred, as specified in Exhibit "D.", except as noted in 5.3.1(c) above. 22. Section is hereby amended as follows: It is acknowledged and agreed to by CONSULTANT that the dollar limitation set forth in Section is a limitation upon, and describes the maximum extent of COUNTY's obligation to reimburse CONSULTANT for direct, nonsalary expenses, but does not constitute a limitation, of any sort, upon CONSULTANT's obligation to incur such expenses in the performance of services hereunder. If COUNTY or Contract Administrator or Program Manager requests CONSULTANT to incur expenses not contemplated in the amount for Reimbursables, CONSULTANT shall notify Contract Administrator in writing before incurring such expenses. Any such expenses shall be reviewed and approved by COUNTY Contract Administrator prior to incurring such expenses. 23. Section 6.2 is hereby amended as follows: 6.2 In the event a dispute between the Program Manager and CONSULTANT shall arise over whether requested services constitute additional services and such dispute cannot be resolved by the Program Manager and CONSULTANT, such dispute shall be promptly presented to the Contract Administrator for resolution. If the dispute cannot be resolved by the Contract Administrator and CONSULTANT, such dispute shall be presented to the County Administrator's Office COUNTY's committee which negotiated this Agreement, for resolution. The committee's decision shall be final and binding on the parties. Any resolution in favor of CONSULTANT shall be set forth in a written document in accordance with Section 6.1 above. During the pendency of any dispute, CONSULTANT shall promptly perform the disputed services. 20

21 Page 21 of Section 8.2 is hereby deleted in its entirety. 25. Section 9.1 is hereby amended as follows: 9.1 The CONSULTANT shall provide COUNTY with record drawings "as built" plans and specifications for the Project, including one set of reproducible, stamped "record as built" and one set of machine readable disks containing electronic data in an AUTOCADD format, that meets the Aviation Department's graphic standards, of the "as-constructed" or "record" plans for such improvements. Consultant shall provide periodic updates as required by Exhibit "A." In preparation of Record Drawings, which are based on certain unverified information, the CONSULTANT shall not be responsible for the accuracy of the Contractor s work product. 26. Section 9.6 is hereby amended as follows: CONSULTANT shall utilize the subconsultants identified in the proposal that was a material part of the selection of CONSULTANT to provide the services for this Project. CONSULTANT shall obtain written approval of the Contract Administrator prior to changing or modifying the list of subconsultants submitted by CONSULTANT. The list of subconsultants submitted in the CONSULTANT S proposal is as follows: shall be as shown in Exhibit C-4. Advanced Consulting Engineering Services, Inc., Adams Consulting Group, Inc., BNP Associates, Inc., Cini-Little International, Inc., Construction Management Services, Inc., Coffeen Fricke and Associates, Cordova Mendez Design Group, Inc., Curtis Rogers Design Studio, Inc., Jane Davis Doggett, Inc., EDM Engineering Solutions, Inc., GCW Consulting, Glover/Resnick and Associates, Inc., Gurri Matute PA, Hammond & Associates, Inc., Hillers Electrical Engineering, Inc., H. J. Ross/T Y Lin International, Jenkins & Charland, Inc., Kimley Horn & Associates, Inc., Nova Consulting, Inc., S&F Engineers, Inc. and Stoner & Associates, Inc. 27. Section 9.9 is hereby amended as follows: 9.9 CONSULTANT shall indemnify, and hold harmless County, its officers and employees, from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of CONSULTANT, and other persons employed or utilized by CONSULTANT in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require that CONSULTANT defend, indemnify, or hold harmless the COUNTY, its employees, officers, directors, or agents from any liability, damage, loss, claim, 21

22 Page 22 of 73 action, or proceeding. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, and sums due CONSULTANT under this Agreement may be retained by COUNTY until all COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. 28. Section 9.14 is hereby amended as follows: Section 9.14 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. FOR BROWARD COUNTY: Director of Aviation Aviation Department BCAD AEP Director Contract Administrator 100 Aviation Blvd. Fort Lauderdale, FL with a copy to: Project Manager Keith & Associates 3550 S.W. 2 nd Ave. Director of Aviation 100 Aviation Blvd. Fort Lauderdale, FL

23 Page 23 of 73 FOR CONSULTANT: Pierce Goodwin Alexander and Linville, Inc. 791 Park of Commerce Boulevard, Suite 400 Boca Raton, Florida Attention: Ian Nestler Zyscovich 100 N. Biscayne Blvd., 27 th Floor Miami, Florida Attention: Bernard Zyscovich FOR CONSTRUCTION PROJECT MANAGER: Current Work Keith & Associates 3550 S.W. 2 nd Ave. Ft. Lauderdale, FL Western Gate Expansion (TBD) FOR PROGRAM MANAGER: DMJM Aviation, Inc Lee Wagener Blvd. Suite 207 Fort Lauderdale, FL The effective date of this Fourth Amendment shall be on the date it is fully executed by both parties. N-T-P shall be given to the CONSULTANT by the Contract Administrator through the Program Manager after this date. 30. Exhibits C, C-1, and C-3 are hereby deleted in their entirety. Exhibits C-4 and I-4 are hereby incorporated into and made a part of this Amendment by this reference. Additionally Exhibits A, B-2, D and F-3 are amended to A-4, B-4, D-4 and F-4 and, in each instance in which Exhibit A, B, D and F are referred to in the Agreement, said reference shall be deemed to refer to Exhibit A-4, B-4, D-4 and F-4, respectively. Said amended Exhibits are attached hereto and made a part hereof. 31. Except as set forth herein, all of the terms and conditions contained within the Agreement, as amended, shall remain in full force and effect. 23

24 Page 24 of In the event of any conflict or ambiguity between this Amendment and the Agreement and the prior Amendments thereto, the parties hereto agree that this document shall prevail. 33. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. 34. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this document that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 35. Preparation of the Fourth Amendment has been a joint effort of CONSULTANT and COUNTY and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 36. Except as set forth in the Agreement, as amended, no modification, amendment, or alteration in the terms or conditions contained in the Agreement, as amended, shall be effective unless in a written document and executed by the parties. 37. CONSULTANT hereby irrevocably submits to the jurisdiction of Florida's state or federal courts in any action or proceeding arising out of or relating to the Agreement, as amended and hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in Broward County, Florida, the venue situs. The parties agree that the Agreement, as amended, shall be construed and interpreted according to the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, the parties hereby waive any rights either may have to a trial by jury of any such litigation. 38. In the event the Agreement, as amended, or a portion of the Agreement as amended, is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or 23

25 Page 25 of 73 CONSULTANT elects to terminate the Agreement. The election to terminate the Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 39. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. 40. This Amendment may be executed in up to five (5) counterparts, each of which shall be deemed to be an original. (Remainder of this page intentionally left blank) 24

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28 Page 28 of 73 AMENDMENT 4 Exhibit A-4 SCOPE OF SERVICES Table of Contents List of Acronyms 3 0. Introduction/General Requirements 0.0 General Scope Description The Project General Requirements Project Management 6 1. Validation, Site Investigation and Project Validation Report (Task 1) 1.0 General Scope Description Planning Review, Project Programming and Project Validation Report Predesign and Programming for BCAD Office Relocation Schematic Design for the Ultimate 14-Gate Configuration (Task 2) 2.0 General Scope Description Concept Design Schematic Design Design Development, Construction Documents and Construction Administration for Existing Concourse H Gates Modification and Western Expansion (Task 3) 3.0 General Scope Description for Concourse H Gates Modification (Task 3a) General Scope Description for Western Expansion (Task 3b) General Scope Description for Terminal 4 renovations / additions as part of the Western Expansion (Task 3c) Design Development Services Construction Document Services GMP Development Construction Administration Services Post Construction, Inspection and Warranty 20 1

29 Page 29 of 73 AMENDMENT 4 4. Optional Services (Task 4) 4.0 General Description Extended Construction Administration Services Deliverables 5.0 General Description Task 1 Deliverables Task 2 Deliverables Task 3 Deliverables Task 3a Deliverables Task 3b and 3c Deliverables Attachments Attachment 1 Design Schedule Attachment 2 Task Loaded Schedule Attachment 3 Scope Diagram 2

30 Page 30 of 73 List of Acronyms BCAD CA BHS CBP CD CMR CPM CPTED DD EDS FFE FIS GEC LEED PBB PDD PMO PVR ROM SD TSA Broward County Aviation Department BCAD Contract Administrator Baggage Handling System Customs and Border Protection Construction Documentation Phase Construction Manager at-risk Construction Project Manager Crime Prevention Through Environmental Design Design Development Phase Explosive Detection System Furniture, Fixtures and Equipment Federal Inspection Services General Engineering Consultant Leadership in Energy and Environmental Design Passenger Boarding Bridge Project Definition Document Program Management Office Project Validation Report Rough Order Magnitude Schematic Design Phase Transportation Security Administration 3

31 Page 31 of 73 AMENDMENT 4 0. Introduction/General Requirements 0.0 General Scope Description 0.1 The Project The services outlined in this Exhibit A-4 are intended to be a general description of the work to be provided by the Consultant to successfully meet or exceed the goals of Broward County Aviation Department (BCAD) as they relate to the tasks described in this document and the Project Definition Document (PDD). The PDD shall be followed and used as a guideline for all design services provided by Consultant. However, should any terms or provisions in this Exhibit or the Fourth Amendment conflict, then this Exhibit or Fourth Amendment shall prevail over the PDD to the extent of the conflict. Current work for phase 1B of the T4 redesign shall be completed by consultant and paid for as provided in the third amendment There are three major Basic Services Tasks and one Optional Services Task for which the Consultant is to provide project management, architectural, engineering and other designrelated services. These tasks include: Task 1 -Validation, Site Investigation and Project Validation Report: Validation of the Technical Project as defined in the PDD. Creation of a Project Validation Report (PVR) and establishment of the overall requirements for the Ultimate 14-Gate Configuration. See Section 1 for more detail on this task. Task 2 Schematic Design for the Ultimate 14-Gate Configuration: Design and documentation to a 20% development level for a new concourse facility and some related renovations to Terminal 4, as shown in the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Figures Only (dated July 8, 2009) and as identified in Appendix 3 of the PDD. See Section 2 for more detail on this task. Task 3 Western Expansion: Design Development through Construction Administration for Western Expansion containing three components. See Section 3 for more detail on this task. Task 3a Concourse H Gates Modifications: Design and construction documentation to add a new swing gate (H6B) between the existing Gates H6 and H8. Removal and decommissioning of existing Gate H1. Addition of fixed bridge extensions on Gates H2, H5, H7 and realignment of existing PBBs and support structures. Realignment and restriping of all gates/aircraft containment areas to accommodate a smaller Aircraft ADG-III, as shown in the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Figures Only (dated July 8, 2009). Scope will include design and documentation efforts through solicitation for construction services and including Construction Administration Services. Scope includes limited Airside Civil but does not include any Apron Design, Fueling System design or any Landside Civil (Curbside) design. Coordination of building requirements beyond 5 outside the building footprint is included in this task only. 4

32 Page 32 of 73 Task 3b Western Expansion of New Concourse: Design and construction documentation to add a new secure connector to Terminal 3. This new secure corridor will be designed to connect Terminal 3 post security areas with the new Concourse and new gates. These new gates will be designed to have the capability to swing between domestic and international operations. A Federal Inspection Services (FIS) sterile corridor for international arrivals will be designed to link the existing FIS areas in the Terminal building. New BCAD Offices of approximately 40,000 gross square feet (gsf), a new BCAD/TSA Communication Center of approximately 6,100 gsf, new Transportation Security Administration (TSA) office spaces of approximately 2,700 gsf and a new TSA Training Center of approximately 3,100 gsf will be integrated with this western expansion. TSA will provide, to Consultant, the space requirement. Task 3c Sterile Circulation Connector and Security Screening Check Point Expansion: Scope will include a sterile bridge connection and a vertical core to access the existing FIS, a covered shell space for the Explosive Detection System (EDS) matrix at apron level, expansion of the Security Screening Check Point (SSCP) at concourse level and a complete enclosure of the existing Baggage Make-Up area. Task 4 Optional Services: Services to be performed at the discretion of BCAD and with prior written authorization from the CA, the Purchasing Director or the Broward County Board of County Commissioners (BCBCC) as appropriate. 0.2 General Requirements The Consultant is Pierce Goodwin Alexander & Linville, Inc. (PGAL) and Zyscovich, Inc. acting by and through a joint venture agreement between the parties (PZ Joint Venture) The Consultant will perform the work described in Task 1 through Task 3 within the timelines defined in the Design Schedule and in the Cost Loaded Schedule shown on Attachment 1 and Attachment 2 respectively; Task 4 will be performed at the discretion of BCAD The Consultant will utilize Crime Prevention Through Environmental Design (CPTED) concepts throughout the development of the Project Design in accordance with Broward County Resolution The Consultant will pursue basic LEED Certification (Leadership in Energy and Environmental Design). Evaluation of the extent to which Sustainable Design opportunities for this project will be explored and implemented will be at the discretion of BCAD. The Consultant team will include a LEED Accredited Professional on the team at all times The Consultant will be required to coordinate with the Program Management Office (PMO) and other consultants doing planning or design work at the FLL Airport which may affect the Terminal 4 Gate Replacement Project. The PMO will be the administrator for such coordination. These tasks also include coordination with Construction Project Manager (CPM), Construction Manager at-risk (CMR) and General Engineering Consultants (GEC) The Consultant must also coordinate with other agencies and governmental authorities so the design is compatible with any published and established safety, air space, security, 5

33 Page 33 of 73 engineering, operating and construction requirements of FAA, Florida Building Code, Broward County and the Broward County Aviation Department (BCAD), including height and type of structure, site improvements, adjacent roadway design, final geometry s and utility modifications. 0.3 Project Management The Consultant will have project management responsibilities throughout the duration of the project that apply to all tasks outlined in this Scope of Services. These responsibilities include coordination of project tasks among the Consultant team, management of subconsultants, and coordination with the PMO, CMR, CPM and BCAD as described below Overall project management services include the coordination of the Consultant s work tasks with BCAD s desire for successful completion of the projects. A key to this success is the complete and efficient management of all subconsultants contracted with the Consultant. Concise and manageable project control logs will be created and utilized through completion of the defined work The Consultant will develop a PMO/BCAD approved method of monitoring the progress of the work required to successfully complete the project. A log will be created and periodically updated to monitor the progress of the defined tasks and their associated deliverables. A design schedule will be developed and updated monthly to ensure that the work tasks are being performed in a timely manner. Key milestones, as approved by PMO/BCAD will be identified on the schedule, including: Deliverables submissions by Task PMO/BCAD review deadlines Key PMO/BCAD decision dates Major BCAD/Commission presentations The project control log(s) and design schedules will be maintained and updated monthly. These documents along with discussions on the status of work tasks will be presented in the regularly scheduled progress meetings. Deliverables are defined as the items required and formally submitted to BCAD/PMO at the times defined by the design schedule and include, but are not limited to: drawings, reports, calculations, renderings, and specifications. A list of deliverables per task is included in Section The Consultant will submit a progress report to the PMO monthly. Within fourteen (14) calendar days of Notice to Proceed (NTP), the Consultant will submit to the PMO general guidelines, formats and structure of the progress report. The report(s) will include an updated design schedule, pending or unresolved items and any special attention issues that need to be resolved or pending decisions that need to be taken for the proper development of the project. If issues are affecting schedule, then the Consultant will make recommendations on how to get back on schedule The Consultant will prepare and submit specified deliverables at key milestones within the design schedule. Selected deliverables will require a document review by the PMO, BCAD or both. At the completion of the designated review period, the PMO/BCAD will prepare a list of comments, questions and observations associated with their review of the Consultant s submissions. The Consultant will compile all the Consultant s and subconsultant s comments into one comprehensive document and submit it back to the PMO/BCAD within the approved time period identified on the design schedule. 6

34 Page 34 of The Consultant will attend all related Project Progress Meetings scheduled by the PMO, CPM or BCAD. Responsibility for Agenda, Meeting Minutes, Action Items, etc. rests with the party organizing the meeting. Progress Meetings will be held weekly during Validation and Schematic Design (SD) phases. They will be held biweekly during Design Development and Construction Documents phases. During Construction Administration they will be held at least once per week The construction delivery method for all tasks in this project is to be Construction Manager at-risk (CMR) Scope of the project is graphically shown in the attached Scope Diagram Attachment 3. 7

35 Page 35 of Validation, Site Investigation and Project Validation Report (PVR) (Task 1) 1.0 General Scope Description The project involves the design of a three-level New International Concourse, two-level administrative offices and minor modifications to the existing Terminal 4. The New International Concourse will eventually replace the existing Concourse H, with the ultimate facility handling fourteen (14) gates serving both domestic and international traffic. The New International Concourse will be developed with the flexibility to accommodate a variety of airlines with the potential for serving both existing and new international markets as they develop. As new international service develops at Fort Lauderdale-Hollywood International Airport, it is anticipated that a domestic airline may operate a gateway hub at Terminal 4 serving both domestic/international connections. The existing Terminal 4 currently includes domestic and international ticketing, departure and arrival gates, aircraft apron and taxiways, domestic and international baggage claim, airport administrative facilities and support spaces and a Federal Inspections Services (FIS) facility designed to process approximately 800 peak hour arriving international passengers under current Custom and Border Protection (CBP) guidelines for passenger processing Due diligence shall be the responsibility of the Consultant during Validation and the CMR will be available to assist the Consultant during the SD stage with the prior written approval of the CA General guidelines for the development of the New International Concourse and Terminal Complex include: The project will be planned to be constructed in phases based on airport constraints, facility design and aircraft gate demand. Phasing will be developed to minimize disruption to existing airport operations. The Federal Inspections Services (FIS) facility within the International Concourse/Terminal will be designed for renovation to accommodate a capacity of 1200 passengers per hour, as shown in the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Draft Final Report (dated July 16, 2009). The Consultant will design the FIS facility with the understanding that an optimum facility based on the Custom and Border Protection guidelines, dated 2006, may not be achievable for each and every area because of physical constraints of the existing Terminal 4 building. The ultimate facility should be able to accommodate fourteen (14) aircraft gates, as shown in the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Figures Only (dated July 8, 2009), with a mixture of group III, IV and V aircraft types. The actual capacity is dependent on aircraft fleet mix, projected flight activity and the passenger processing capacity of the FIS facility. The fourteen (14) swing gates will be designed to accommodate both international and domestic flight operations. The project limit line extends to the face of curb at the landside of the existing Terminal 4 building and to a portion of the southernmost area of Terminal 3, as shown in the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Figures Only (dated July 8, 2009). 8

36 Page 36 of 73 No Airside Civil design, Apron design, Fueling system design, curbside roadways or curbside design, BCAD parking areas and landscape design is part of this scope of services except in Concourse H Gate Modification. The Level of Service (LOS) for new program items (specifically, the new concourse) has been established by the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Draft Final Report (dated July 16, 2009) as LOS C. Existing areas of Terminal 4 cannot be confirmed to achieve the desired LOS and may receive minor renovation/upgrades. 1.1 Planning Review, Project Programming and Project Validation Report The Consultant will prepare a Project Validation Report (PVR) that describes the overall project and further refines the scope of the New International Concourse and Terminal 4 complex. The document will define the overall project goals, required functions and adjacencies and operational criteria The PVR will be prepared based on information gathered by the Consultant via due diligence, programming meetings, and review of the PDD dated September 10, During the Validation phase, the Consultant will notify BCAD of any noticeable scope overlaps or gaps indicated in the documents and will record such findings in the PVR. Additionally, the Consultant will strive to find alternative solutions that may save time or money when a prescribed solution is found to create additional, unanticipated scope or greater impact to the operations than may have been anticipated. The Consultant will also strive to find permanent solutions rather than temporary solutions to operational or functional challenges whenever possible. All such suggestions will be presented to BCAD throughout the duration of this Task 1 and any functional or operational decisions that have an effect on SD are expected to be resolved within the first 30 calendar days of the SD phase Specifically, as a result of the review by BCAD of the Cost Estimate prepared by the Consultant as part of this Validation phase, the Consultant will recommend to BCAD what scope items may be proposed as alternates vs. basic scope should the Consultant s findings reveal any anticipated cost overruns based on the proposed scope. Any critical budget decisions impacting SD are expected to be resolved within the first 30 calendar days of the SD phase The PVR will identify all applicable codes, standards and reference documents pertinent to the design of required facilities and clearly establish the design criteria and assumptions. The PVR will define the design program based on space requirements for the respective project elements. The document will describe the requirements for building systems, including structural, mechanical, plumbing, fire protection, electrical, special airport systems, including security and access control systems, communication and information systems, passenger conveyance systems, baggage systems, signage and graphics, and coordination requirements for food & beverage concessions, and food service program. The PVR will also define all life safety requirements for the facility. 9

37 Page 37 of The PVR narrative will define the parameters for the architectural treatments for the building shell, including the aesthetics and performance criteria for exterior wall systems, glazed curtain-wall systems and roofing systems The PVR will also include guidelines and performance criteria for interior finishes, as well as the coordination with BCAD, Interior Design Consultant, with selected consultants for the Concessions Program and selected artists for the Art in Public Places Program All systems and performance criteria will consider sustainability (LEED Certification) within the design parameters The PVR will illustrate partial concept plans and sections that define critical space requirements and functional relationships for the facility Not included in this scope, but Consultant coordination will be required for the following: Airside Civil, Apron, Site Drainage or Hydrant Fueling System Design except in Concourse H Gate Modification Landside Civil for Curbside or Ground Transportation Areas 3 and 4 Landscape Design Terminal 3 Security Check Point planning or design Concessions Planning or Design with the exception of shell space and stub-outs BCAD Parking Areas 1.2 Predesign and Programming for BCAD Office Relocation Predesign work includes site visits, preparing a photo survey, and reviewing existing plans, existing inventory information, or other pertinent data provided by BCAD. This task also includes the interviews necessary to complete the programming phase described below and will result in a program report at the completion of the phase Programming includes identifying BCAD s organizational structure, departments and groupings, contact personnel for each, data gathering by way of interviews and questionnaires, documenting proposed space allocations, FFE and personnel, and identifying adjacencies and relationships among departments. During this phase, the Consultant will identify functional and organizational objectives, define spatial and functional concepts, and recommend efficiencies Inventory of assets to be relocated will be recorded. This information will be compiled via field verification and inventory questionnaires. 10

38 Page 38 of Schematic Design for the Ultimate 14-Gate Configuration (Task 2) 2.0 General Scope Description Upon approval in writing by the CA of the PVR, the Consultant will continue the efforts to design and further develop the image and layout for the New International Concourse and Terminal 4 facility. The design approach will continue in close coordination with the PMO/BCAD team. 2.1 Concept Design The Concept Design is part of the SD effort and it is included in the SD schedule. The Concept Design will depict building massing options within the context of the existing airport facilities. These concepts will graphically identify the proposed exterior envelope and cross-sections for the Concourse and Terminal building expansion. The primary goal of this effort is to involve all stakeholders in the process to establish the preferred architectural character for the new Concourse and Terminal 4 facility and to begin establishing the construction budget for development of the Concourse and Terminal preliminary design At approximately midway through the SD phase, the Concept Design status will be formally presented to BCAD and other stakeholders as determined by BCAD in PowerPoint format. The result of this presentation will inform the remainder of the SD phase and could have potential impact on the schedule should new design direction be given. Otherwise this presentation is accounted for in the current schedule A Space Planning Study as required for the BCAD offices and the TSA spaces will begin simultaneously with the Concept Design, based on the results of the Programming phase. This task includes illustrating adjacencies and spatial relationships, translating program into block plans, investigating wire management strategy and technical applications, defining quality standards for FFE for review and approval by the CA and interior finishes, establishing color and material palettes. 2.2 Schematic Design Upon the CA s written approval of the Concept Design, the Consultant will continue into SD phase. This phase will include the advancement of the architectural design incorporating all requirements outlined in the PVR. This phase will involve a more detailed study of the functional elements of the new Concourse and terminal complex, passenger flow analysis, and baggage and support service analysis During this phase, the Consultant will coordinate with the PMO to assure that the concourse and terminal design concept and the preliminary engineering designs reflect input from all users and governmental agencies, including the Federal Inspection Services (FIS). 11

39 Page 39 of The Consultant will provide a concourse and terminal design which satisfies the approved PVR. The design services will include: Preparation of drawings to depict functional aspects of the design, including floor plans, sections and elevations. Development of building systems including structural, mechanical, electrical and plumbing. Preparation of sections to identify relationship of space and architectural character. Coordination with the Concession Consultant of preliminary plans for concession/food service areas and addressing product equipment schedules to define utility loads. Preparation of preliminary drawings showing the aircraft parking layout and coordination of the taxiway configuration to establish preliminary elevations that are consistent with the existing and proposed service roadways, taxiways, aprons and runways. Identification of the relationship between and among apron elevation and building elevation, existing and future airfields, and drainage systems. Coordination of the preliminary pavement design as related to the new concourse building. Coordination of Terminal 3 interface with the new secure connector During this effort, the Consultant will further develop design solutions for the project and any approved alternates. The Consultant will develop drawings and computer models to illustrate the scope, scale and relationship of project components for incorporation into final SD documents. The final SD submittal will further coordinate with site, utility and floor layouts; establish floor and building heights and elevations; structural and mechanical systems; overall electrical, utility and other system requirements; and provide overall dimensions of major systems and elements The final SD submittal will include information that is sufficient in detail to define and quantify system requirements and interrelationships, and will be comprised of drawings, outline specifications, and design report At the end of SD phase, BCAD through the CMR, or by an independent estimator if the CMR has not yet been retained by BCAD, shall provide a hard dollar construction cost estimate of the Project as portrayed in the SD documents completed by Consultant. This cost shall be the budget amount that shall be used to determine how BCAD and the Consultant will proceed. If the hard dollar construction cost estimate does not exceed 84 million dollars, then Consultant shall proceed to the completion of design without any additional cost to BCAD. If the hard dollar construction cost estimate exceeds 84 million dollars, then BCAD will either authorize Consultant to proceed with design at no additional cost to BCAD or will write an amendment for presentation to the BCBCC for approval to bring the design in line with the 84 million dollar construction cost estimate. 12

40 Page 40 of Not included in this scope is the following: Airside Civil, Apron, Site Drainage or Hydrant Fueling System Design except in Concourse H Gate Modification Landside Civil for Curbside or Ground Transportation Areas 3 and 4 Curbside Signage Landscape Design BCAD Parking Areas Terminal 3 Security Check Point planning or design Concessions Planning or Design with the exception of shell space and stub-outs Cost Estimating Asbestos Surveys Community Outreach / Passenger Surveys Commuter Airline Relocation / Design 13

41 Page 41 of Design Development, Construction Documents and Construction Administration for Existing Concourse H Gates Modification and Western Expansion (Task 3) 3.0 General Scope Description for Concourse H Gates Modification (Task 3a) In order to connect the western expansion to the existing Concourse H areas, decommissioning of Gate H1 will be required. BCAD has requested to keep a minimum of ten (10) gates operational in Concourse H. To achieve this goal, a new gate is proposed to be added between Gate H6 and H8. The existing Concourse H facility is limited to the number of simultaneous international arrivals. It is identified and understood by the Consultant that this proposed work will have significant impacts to the existing sterile international arrivals corridor during the implementation of this new gate. The project scope covers the improvements to the immediate area of the new gate. No other modifications, other than signage and way-finding (based on airport standards available during the design phase), are anticipated. It is understood that the holdrooms at the south end of Concourse H may suffer a reduction in LOS if operations require flights to arrive or depart simultaneously in this area The Consultant will develop construction plans to modify the existing gates H2, H5 and H7. It has been identified by the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Figures Only (dated July 8, 2009) that new fixed bridge extensions and relocations of the existing PBBs will be necessary. Also it is understood by the Consultant that a smaller aircraft capability (ADG-III) will be the result of this modification and restriping of the aircraft containment areas. Also, it is understood that fueling operations and Ground Services Equipment parking for most of the gates will be directly affected as a result of this work. Fueling is not part of this scope of work and alternate fueling methods may need to be utilized The Consultant will provide Civil Airfield design as part of this scope. This includes apron stripping, coordination of foundations with utilities, relocation of utilities if unforeseen conflicts arise in the immediate area of the new foundations should this be required, and consideration of drainage should this be affected by the implementation of the new gate or fixed bridges. Hydrant fuel modifications are not included Scope will include design and construction documents as well as permitting and construction administration. It is understood that the concourse component built by this initial phase will have a short life span in anticipation of the final concourse and terminal design implementation. Phasing options will be quickly explored, and diagrammatically developed. Once BCAD approves the desired option, the Consultant will begin the design and documentation sub-tasks This task also includes SD for the Concourse H Gates Modifications, as this is not included in the SD scope for the ultimate 14-gate build-out. No formal deliverable is required at the completion of the SD phase for the Concourse H Gates Modification scope. SD services will include the following: Advancement of the selected architectural design incorporating all requirements outlined in the PVR. This phase will involve a more detailed study of the functional elements of the Concourse area complex, passenger flow analysis and support services Coordination with the PMO to assure that the selected Gate design concept and the preliminary engineering designs for the site, and aircraft parking apron reflect input from all users and governmental agencies 14

42 Page 42 of Items not included in this scope are: Hydrant Fueling System design Apron, Site Drainage or Airside Civil design not necessary as a direct result of the new gate or relocated PBB s. 3.1 General Scope Description for Western Expansion (Task 3b) The Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Draft Final Report (dated July 16, 2009) identifies the need (as requested by BCAD) to connect the new concourse areas to the existing Terminal 3 building (post-passenger security screening) via a secure connector. Also, in order to connect to the existing Concourse H areas, a connection point in the area of the former Gate H1 will be required. The design will provide the capability for each gate to operate as a swing gate. New relocated offices for BCAD occupying two upper levels will be planned and designed as part of this task. To achieve this goal, space planning and recommendations for relocation phasing will be provided by the Consultant Scope will include Design Development, Construction Documents and Construction Administration Services Phasing options will be quickly explored, and diagrammatically developed. Consultant will coordinate with the CMR to allow the CMR to provide order-ofmagnitude cost estimates for each option so that a design direction can be established for the project. Once BCAD approves the desired option, the Consultant will begin the subsequent design and documentation sub-tasks. 3.2 General Scope Description for Terminal 4 renovations / additions as part of the Western Expansion (Task 3c) In addition to the western expansion of the New International Concourse and connection to Terminal 3, the following specific scope items that involve additional work within Terminal 4 are included in this work and are not anticipated to be designed as alternates or documented as such in the construction documents. Sterile connection to the existing FIS and Vertical Core Security Screening Check Point Expansion Shell and enclosure for BHS/EDS Matrix Expansion Enclosure of Existing Outbound Baggage Make-up System Tie-ins to existing mechanical, electrical, plumbing, fire protection and specialty systems In order to link the western expansion Sterile Corridor to the existing FIS Facility a sterile connector and a vertical circulation core will be required. To achieve this goal, design and recommendations for implementation and a proposed phasing will be provided by the Consultant. The project scope covers the improvements to the immediate area where the vertical circulation core will take place. It is understood that the proposed connection presented in the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Figures Only (dated July 8, 2009) has great impact on the existing FP&L Vault and electrical switch gear equipment. The design team will make every effort to understand these issues, and at the conclusion of the Validation and SD phases, include this connection as a permanent part of the ultimate facility. 15

43 Page 43 of In order to expand the existing Security Screening Check Point to better serve the increase flow of anticipated passengers to the new gates and in order to provide a covered shell space for the new EDS Matrix, as shown in the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Figures Only (dated July 8, 2009), an expansion / renovation of the terminal building will be necessary An enclosure to the existing Outbound Baggage Make-up System, located at the apron level west of the existing Terminal 4, will be designed Extensive coordination and approval process is anticipated to take place with BCAD departments, CBP and TSA The Consultant will use the Jacobs Consultancy Terminal Planning Services, Terminal 4 Study, Figures Only (dated July 8, 2009) and Draft Final Report (dated July 16, 2009) as the basis for the design of these components, but will strive to lessen the impact of this work to the operations, the budget, or the construction schedule, if possible. 3.3 Design Development Services Upon review and written approval by the CA of the SD documents, the Consultant will prepare Design Development (DD) documents consisting of drawings and outline specifications to define the size and character of the Project and to define materials, structure, mechanical, electrical, plumbing, fire protection and other specialty systems, and other work that may be required DD documents will be developed by the Consultant in sufficient detail to define the Project, identify potential problem areas, and define proposed solutions for identified problems. The DD phase will also include drawings and a Design Report for the Concourse H Gates Modification and the Western Expansion. These documents will include the following: Site development plans and sections showing general type, size, location and control dimensions of site development elements, Project limits, and all above grade site construction. The site development plans will show the location of the terminal building by dimension, ground floor elevations, utilities (existing, new and relocated), paved areas, ramps, steps, lighting and related work. Cross sections in critical areas, showing control clearances based upon nominal dimensions will be provided by the Consultant. Coordination with BCAD Airside Civil consultant s grading and drainage plans including existing contours, proposed final contours, horizontal and vertical clearances, storm sewer lines, drainage structures and details of special structures. Proposed interruptions to existing services, utility roads, service roadways, and other facilities caused by new construction will be identified by the Consultant. Floor plans showing space required, room numbers and names, and programmed area. Spaces in which equipment is programmed will be developed by the Consultant in plan and tabular form. Fixed and movable equipment which require dedicated power or utility connections will be exhibited by the Consultant in such plans. Furniture layouts demonstrating the adequacy of programmed space will be provided. Areas requiring acoustical treatment will be indicated. Reflected ceiling plans, showing materials, finishes and basic layouts of lighting systems with lighting levels displayed. Basic switching patterns and switch locations for lighting will be shown on reflected ceiling plans by the Consultant. Building elevations and sections, wall sections showing general construction, materials, framing, foundations, PBB equipment, floor heights and details as needed, and finish schedules. 16

44 Page 44 of 73 Further development of the structural systems, exterior enclosure systems, lighting and ceiling systems, and interior space subdivision systems, in addition to the study of relationships of structural, mechanical, plumbing and lighting/ceiling systems using sections and cutaway sketches. Structural drawings, including foundation plans, nominal sizes, types, and cross-sections of structural members and systems, critical clearances and details necessary to define the system. Mechanical and electrical equipment layouts and nominal dimensions, including descriptions, manufacturers data, and pertinent details. Mechanical one-line diagrams, including preliminary sizing, sections and details for piping and duct work, and special fixtures and equipment. Electrical one-line diagrams, with sizes and ratings of major electrical equipment. Electrical details, including lighting levels, fixtures, manufacturer s data, and other details for both indoor and outdoor lighting systems (including aircraft parking ramp lighting, if required). Locations and dimensional plans of substation, electrical and mechanical rooms, pumping stations, and other spaces. Other special systems like Closed Circuit Television (CCTV), Security Systems, Information Technology Systems and Public Address Systems. Coordination with Site utility drawings developed by BCAD Civil consultant, including plans, profiles, typical sections and critical clearances of existing utilities, utility service connections, and proposed relocation or protection in order to maintain utility service during construction. System drawings, defining mechanical and electrical systems, including HVAC, plumbing, fire protection, power, lighting, communications, control systems, ventilation, and other special systems. System drawings, layouts, and details of special systems or components. Plans showing system and facility interface with related Airport projects and identifying any proposed contract limits for all phases of the Consultant services. Demolition plans, identifying the extent of demolition required prior to or in conjunction with construction. Preliminary Corrosion Control design, including material selection, coatings such as painted surfaces, galvanization, etc., cathodic protection, or other corrosion control measures, as prepared by the approved corrosion subconsultant (if required) and in accordance with guidelines furnished by the Consultant and approved by the CPM. Coordination of sustainability and LEED checklist items The further development of the Outline Specifications will be prepared by the Consultant in the Construction Specification Institute (CSI) Master Format. The specifications will include but not be limited to the following: Interior construction systems and finishes by location Exterior enclosure systems and finishes. Construction materials. Structural, mechanical, plumbing and electrical systems, life safety systems, and design data. Signal, communications, security systems and auxiliary systems. Applicable Federal, State and Local specifications and any other governmental entities having authority The Consultant will provide a Design Report consisting of design criteria, assumptions, relevant design calculations, and appropriate backup material, including but not limited to, catalog cuts, and data sheets, in support of the DD phase. 17

45 Page 45 of As part of the Design Report, the Consultant will also prepare the following: A list of required actions, approvals, or additional information required from others which will affect the orderly and timely completion of the Consultant services. A summary of applicable agreements needed with outside agencies or utilities, together with proposed action thereon. Complete equipment lists showing those items to be purchased, existing equipment, and any other items to be identified and furnished by BCAD for incorporation into the Project. A listing of all long-lead-time items for which procurement activity must be accelerated. 3.4 Construction Document Services Based on approved DD documents, the Consultant will prepare Construction Documents (CD) consisting of Final Contract Drawings, Specifications, and Construction Phasing Plan in such form and detail as may be needed by BCAD to promote a responsible proposal from the CMR. The Consultant will submit drawings and specifications setting forth in detail and prescribing the work to be done, the materials, workmanship, finishes and equipment required for the architectural, structural, mechanical and electrical work and the necessary proposal information from the CMR The CD will be complete and include sufficient details to promote a responsible proposal from the CMR and obtain building permits. The CD produced by the Consultant will consist of: Final Construction Drawings will be drawn to scale, dimensioned and produced on sheets based on the approved DD documents. Technical Specifications will be completed to a thoroughly understandable level of detail based upon the approved Outline Specifications from previous design phases. The Consultant will be responsible for producing Division 2 through Division 16 of the Technical Specifications Construction and Proposal Documents for the CMR will be prepared by the Consultant and will consist of the following: Project Manual, Part I will be prepared by the PMO. Project Manual, Part II Division 0 (Special Conditions) and Division 1 will be prepared by BCAD. The Consultant will deliver the Technical Specifications (Division 2 through 16) to the PMO at the appropriate project schedule milestone to be included in the Construction and Proposal Documents being prepared by the PMO. Final Construction Drawings will be prepared by the Consultant and delivered to the PMO at the appropriate project schedule milestone to be included in the Construction and Proposal Documents being prepared by the PMO Consultant s service will include preparation and submission of complete permit applications and will include the permit drawing packages required for BCAD, the CMR and the Consultant to respond to the jurisdictional authority s request for additional permit information, documentation or both. The CMR will lead the permitting effort and coordinate with the Permitting Agencies in obtaining the permits necessary to proceed with the applicable construction package in a prompt and orderly manner to meet the project construction schedule. BCAD will pay for the permits and the reviews by the Building Department. 18

46 Page 46 of Not included in this work is the following: Permit expediting services Airside Civil Design (with the exception of the Concourse H Gates Modification scope) Hydrant Fueling design 3.5 GMP Development The Consultant will provide such assistance to BCAD, the PMO and the CMR as may be reasonably necessary to complete the GMP development process including but not limited to responding to RFI's and preparing Addenda to plans as needed. 3.6 Construction Administration Services The Construction Administration Services Phase will commence with the issuance of a Notice to Proceed to the CMR once the permit(s) are granted and will terminate when a certificate of completion for the Project (inclusive of project close-outs) is issued by the CA. Consultant will perform Construction Administration Services, according to the scope described herein, for the duration described in the Design Schedule. Construction Administration Services are estimated not to exceed twenty-two (22) months. Extended Construction Administration Services, other than warranty inspections, shall be treated as Optional Service in accordance with Optional Services (Task 4). However, BCAD will not pay for delays attributable to Consultant, but shall pay for extra review delays caused by others The Consultant will review CMR s submittals required by the Contract Documents, including but not limited to, the work progress schedule, schedule of submittals, schedule of shop drawing submittals, schedule of values, shop drawings, samples, and test data, and advice on the conformance of such submittals to the requirements of the Contract Documents. The Consultant will provide a timely response to review of initial scheduling submittals (within 14 calendar days of receipt). Review of actual construction progress items such as shop drawings, samples, test data, manufacturer s product literature submittals, etc. will not exceed 14 calendar days after receipt, providing the CMR maintains the shop drawings schedule. The Consultant shall stamp all submittals in accordance with the Review Codes as specified in the Fourth Amendment The Consultant will prepare written responses to the CMR s Requests for Information (RFI) on the Contract Drawings and Technical Specifications. The written responses will not exceed 6 calendar days after receipt The Consultant will provide to the CPM or CMR, when requested, technical interpretations of Contract Documents and prepare and distribute supplementary drawings, specifications and instructions The Consultant will observe and advise the CPM as to the conformity of materials, finishes and workmanship with the quality of the standards established in the Contract Documents. The Consultant (and sub-consultants as appropriate) will visit the site at intervals appropriate to the stage of construction as required, but estimated to average 16 hours per week to become familiar with the progress of the work completed and to determine in general if the work is being performed in a manner indicating that the work will be in accordance with the contract documents. The Consultant will immediately advise the CPM and the CA, in writing, of all observed defects in material, equipment, or workmanship, with recommended corrective actions. Such notice may be made orally to the CPM in an 19

47 Page 47 of 73 emergent situation, provided the Consultant promptly send a written confirmation thereof to the CPM. The Consultant will prepare and submit to the CPM a detailed written and sequentially numbered report according to the PMO Document Control System, of this condition of the work and other observations as found or made during each visit to the work site. In the event the CPM becomes aware of any fault or defect in the Project, or the CMR s work, or nonconformance with the Contract Documents, the CPM will provide reasonable notice to the Consultant of such conditions, provided that in no event will this provision be interpreted to impose an affirmative obligation on the CPM or CMR to conduct inspections or investigations for such conditions The Consultant will review test results and notify the CPM of deficiencies at least weekly in writing, or more often in the event of an emergency situation The Consultant will participate in substantial completion inspections scheduled by the CPM and prepare and submit a punch list not later than seven (7) calendar days after the inspection date. The Consultant will review and assist the CPM in the preparation of any substantial completion documents, participate in the final acceptance inspection and submit the final acceptance certification The Consultant will review As-Built drawings for general completeness of information during weekly site visits or as requested by the CPM The Consultant will obtain from the CMR one complete set of updated As-Built drawings reflecting all conditions based upon actual construction. The complete set of As-Built drawings in hardcopies and in CAD format (acceptable to the PMO) will include all pertinent shop drawings, as well as the plans in the Contract Documents adjusted to comply with the As-Built conditions. These drawings will be reviewed by the Consultant for completeness and adherence to the current Contract Documents At determined intervals (three months and nine months after NTP, as well as final completion) during the construction, the CMR or CMR will submit to the Consultant a complete print set of Red-Lined As-Built construction documents. The Consultant will incorporate the changes identified on the CMR s As-Built documents into the current contract documents to maintain a current set of As-Built Record Drawings, in electronic format as acceptable to the PMO for submission to the CPM or CMR. Consultant to submit twelve (12) sets of final record drawings within 60 calendar days of receipt of the As- Builts At the request of the CPM, the Consultant will review all CMR issues, allegations, disputes and other matters in question between the CMR and the CPM relating to the interpretation of the Contract Documents and Specifications and prepare an evaluation and analysis of the allegation, issue or dispute and recommend resolution or action. 3.7 Post Construction, Inspection and Warranty The Consultant will assist the CPM in the inspection of the Project thirty (30) calendar days before expiration of the one-year construction warranty period and will report any defective work under the terms of the guarantee/warranty required by the construction contract. The Consultant team will assist BCAD with administration of guarantee/warranty for correction of defective work that may be discovered during said guarantee/warranty period. 20

48 Page 48 of Optional Services (Task 4) 4.0 General Description Optional Services will include any additional work required to be performed in addition to the Basic Design Services of the previous tasks and any conditions associated with the project areas identified in this Scope of Work. This additional work could be added as an optional service at the discretion of BCAD. 4.1 Extended Construction Administration Services Construction Administration Services beyond Basic Services and the established Project Schedule (assumed to a 6-month timeframe). 21

49 Page 49 of Deliverables 5.0 General Description Deliverables are required in twelve (12) sets each of hardcopies and electronic copies in CAD and Microsoft format, acceptable to the PMO. 5.1 Task 1 Deliverables -Project Validation Report (PVR) -8-1/2x11 document -11x17 color diagrams of plans and sections as required to conceptually describe the functionality of the facility -Rough Order of Magnitude (ROM) Construction Cost Estimate -Updated Schedule 5.2 Task 2 Deliverables -Concept Design Documents -Site Plan (1 = 100 scale) -Floor Plans of each Level (1 = 30 scale) -Building Sections: Longitudinal and Cross Sections, as required (1 = 30 scale) -Exterior Elevations -Exterior Rendering -Interior Rendering -BCAD/TSA Space Planning -Executive Summary Narrative -A PowerPoint Presentation to BCAD and all stakeholders will be provided for approval of the Concept Design. All approvals will be in writing by the CA. -Schematic Design Documents 5.3 Task 3 Deliverables -Outline Specifications, Engineering Reports and Design Report -Drawings including floor plans, sections and elevations -Renderings (developed from computer 3-D modeling) -A PowerPoint presentation to BCAD and all stakeholders will be provided for approval of the SD Documents. All approvals will be in writing by the CA. 5.4 Task 3a Deliverables -Design Development Documents -100% Construction Documents 5.5 Task 3b and Task 3c Deliverables -Outline Specifications, Engineering Reports and Engineering Calculations -Drawings as required, to describe functionality of the facility -Design Development Documents including the Design Report and Early Packages -30% Construction Documents including Structural Foundation Packages -75% Construction Documents including Permit Dry-run and Superstructure Packages -100% Construction Documents END OF EXHIBIT A-4 -SCOPE OF SERVICES 22

50 Attachment 1 - Design Schedule Page 50 of 73

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52 Page 52 of 73 Attachment 2 Redesign of Terminal 4 at the Fort Lauderdale-Hollywood International Airport RLI # AV-02 Task-Loaded Schedule Task Description Start Finish Amount 1 Validation Total $625,600 Planning Review & Validation Report 12/02/09 04/27/10 $550,000 BCAD Office Programming 12/02/09 03/04/10 $75,600 2 Schematic Design 14-Gate Councourse Total $1,553,950 Concept Design 04/14/10 06/25/10 $610,000 Final Schematic Design 05/27/10 09/10/10 $943,950 3a Concourse H Gate Modification Total $366,850 Design Development 12/31/09 04/29/10 $91, % Construction Documents 03/27/10 09/13/10 $201,780 Construction Administration 09/13/10 02/13/11 $73,370 3b&c Western Expansion Total $5,253,600 Design Development 08/09/10 02/21/11 $1,234,596 30% Construction Documents 01/13/11 07/28/11 $742,332 75% Costruction Documents 05/20/11 12/15/11 $1,113, % Construction Documents 10/07/11 04/25/12 $618,614 Construction Administration 07/28/11 04/17/13 $1,544,558 TOTAL ALL TASKS $7,800,000

53 Page 53 of 73 ATTACHMENT 3 FULL BASIC SCOPE Tasks 2 and 3 a,b,c TERMINAL 4 SCOPE DIAGRAMS proposed covered landside access to BCAD offices (pending validation) area of MEP + systems connections (outside defined work area) baggage area (enclosure only) EDS enclosure new vertical core to FIS (pending validation) east expansion (SD only) west expansion foundations and systems work for 4 new fixed bridges Concourse H Gate and apron work RAMP LEVEL connector location (pending validation) area of MEP + systems connections (outside defined work area) security checkpoint renovation (pending validation) make-up area roof existing checkpoint area demo EDS enclosure new vertical core from sterile connector to CBP (pending validation) east expansion (SD only) west expansion new gate connection CONCOURSE LEVEL area of MEP + systems connections (outside defined work area) line of building shell around double-height volume new vertical core to CBP (pending validation) east expansion (SD only) sterile connector bridge (pending validation) mechanical coordination (pending validation) approximate footprint of sterile connection between gates and CBP (location pending validation) west expansion THIRD LEVEL LEGEND NEW CONSTRUCTION NEW CONSTRUCTION (SD ONLY) PERIMETER OF DOUBLE-HEIGHT SPACE RENOVATION west expansion office and support space DEMOLITION + NEW CONSTRUCTION APRON WORK AREA FOR SYSTEMS CONNECTIONS FOURTH / FIFTH LEVEL MECHANICAL COORDINATION PENDING VALIDATION