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#12-5885 Amendment #1 (Holes Montes, Inc.) Contract Amendment#1 to Contract#12-5885 "Design and Related Services for the Marco Island Executive Airport(MKY) Runway 17-35 Rehabilitation Project" This amendment, dated Cie-( 2i , 20)3 to the referenced agreement shall be by and between the parties to the original Agreement, Hole Montes, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "County"or "Owner"). Statement of Understanding RE: Contract # 12-5885 "Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17-35 Rehabilitation Project. In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the Contract to include Phase II Engineering Construction Services as per Schedule A Scope of Services (Phase II), Schedule B Basis of Compensation (Phase II) and Schedule F Key Personnel, Subconsultants and Subcontractors (Phase II) attached to this Amendment and incorporated herein by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: PJ _ 4•, S ,20 k 33 OWNER: BOARD I f 0 TY C• ISSIONERS ,' r.;r,� OF COL I i CO TY, LORIDA Dw' t'E. Brock,'CJJxk L est as to ChatFnlafl'S; Georgia • iller, V._ Chairwoman •signature onIy Consultant First Wjt ess CONSULTANT: Hole Montes, Inc. B 44 —'- .. _ -- / Print Name fa B 6 2T L,. en /2 4t Print Name and Title Consultant Se : •Irr•-:s -- 5. 1e_ V/cP /€2 -r- BY: i 4(i j` Print Nat d . 1•,.• A Ali :colt R. Teach Deputy County Attorney 1 U Amendment 1 to Contract 12-5885 "Construction Phase Services for the Marco Island Executive Airport (MKY) Runway 17-35 Rehabilitation Project" Schedule A SCOPE OF SERVICES This Amendment covers services through the construction phase (Phase II), as contemplated in the original solicitation document. I. PROJECT DESCRIPTION The intent of the project is to rehabilitate Runway 17-35 and a portion of the existing apron, along with other associated improvements at the Marco Island Executive Airport. The existing runway will be rehabilitated at its current length and width to accommodate existing aircraft traffic. The portion of the apron that was not improved under the recent T-Hangar or Apron Expansion Projects will be rehabilitated. The method of rehabilitation will consist of removal of existing pavement and soil cement base, regarding and re-stabilizing of existing subgrade and placement of new limerock base and bituminous pavement mix. The associated improvements will include the following: • Filling and grading of runway safety areas; • Drainage improvements on and adjacent to apron and taxiway; • Replacement of runway edge lighting including addition of REILs at both ends of runway; • New emergency power generator for airfield electrical vault including vault modifications; • Relocation and replacement of rotating beacon; • Relocated segmented circle; • Fill and grade east side of runway object free area; • Clear, rub and fill five acre site west of terminal area; Due to size of the project and funding limitation, the project was divided into four parts; base bid and three additive alternates. The services to be provided are dependent on the award of alternates. II. OBJECTIVE The objective shall be successful completion by the CONSULTANT of all project management, construction phase related services necessary for elements of improvements associated with the MKY Runway 17-35 Rehabilitation project (PROJECT). The overriding objective of the CONSULTANT is to keep this project on schedule, under budget and fully coordinated with all parties and to assist in producing a quality constructed product. 2 III. SCOPE The CONSULTANT shall coordinate the overall Construction Phase Program Management, construction observation, and project closeout support services. Each of these services shall be provided by the CONSULTANT, working in concert with the County and Contractors. The CONSULTANT shall provide the overall construction administration and construction oversight to verify that all elements of construction are being complied with and that the general intent of the contract document is being met. Also, the CONSULTANT will hire a sub-consultant to perform all required testing quality assurance in the field and on the asphalt to comply with the Contract Documents. The CONSULTANT shall also hire sub-consultants to provide aerial imaging for FAA airspace analysis, per AC 150/5300-17C and survey and GIS coordination for FAA AGIS, per AC 150/5300-16A and 18C. Task 1- Construction Administration • Coordination with FAA/FDOT/County and other agencies • FAA safety plans and Construction Management Plan • Coordinate and attend pre-construction conferences with each Contractor and applicable County representative • Overall Contract Management • Coordinate and attend construction progress meetings • FAA Grant Management (Quarterly Construction Reports) to include ensuring compliance with all applicable grant terms, conditions, and assurances. • DBE and prevailing wage rates monitoring and compliance • Review/Track/Monitor status of o construction progress o shop drawing submittals o contract document clarification and interpretations (RFIs) o respond or coordinate responses to RFIs o requests for changes to construction cost and or schedule • Review of contractor's schedule • Provide contractor with schedule comments • Processing of Progress Payments • Verify that the work has progressed to the point indicated • Verify that the work is in substantial accordance with the contract documents • Verify that the contractor is entitled to the payment in the recommended amount • Verify that the Contractor has properly Certified the Request for Payment • Verify that all required backup documentation such as the appropriate subcontractor and contractor Releases of Lien have and the Bonding Company's Consent of Payment are included 3 • Recommend payment Task 2 - Construction Inspection • Construction Observation Services • Conduct on-site observations of work in progress to assist in determining if the provisions of the contract documents and permitting conditions are being fulfilled • Resident Project Representative o Report , in writing, whenever it is believed that work is unsatisfactory , faulty or defective o Report, in writing, whenever it is believed that a hazardous condition exists o Maintain log of the work performed to include • When the contractor is on the job site • Weather conditions • Changed conditions • List of visitors • Drilling and testing activities • General observations • Specific observations • Observed testing procedures o Verify that tests, equipment, and systems start up are conducted in the presence of appropriate personnel o Verify that the contractor maintains adequate records o Provide photographic record of construction o Observe materials and workmanship o Report, in writing, any deviation from the contract document o Coordinate the sampling and testing of materials to be performed by independent testing laboratories o Monitor that record drawing mark-ups are properly maintained • Asphalt Plant Inspection Task 3 - Miscellaneous • Confirm project completion with appropriate agencies • Coordinate and attend Substantial Completion Walk through • Assist the NE with development of a "punch list" of items needing completion prior to Final Acceptance • Confirm that punch list items are completed • Coordinate a final review of finished items • Provide recommendation of acceptance of the project • Collect all necessary documentation to close the project/contract o Lien waivers o Contractor's Final Affidavit o Close-out change orders o Surety's Final Consent o Process Final Payment 4 • Assist the County with coordination of warranty work (not to exceed the completion date of the agreement) • Transmit all Project/Program related files to the County • Substantial completion • Project closeout • Testing Quality Control o Asphalt pavement field testing o Asphalt pavement plant testing • Prepare and submit As-Built plans and critical data for FAA AGIS. o Conduct topographic survey of construction improvements. o Obtain survey control and aerial imagery. o Prepare airspace evaluation and critical survey data into AGIS format and upload to FAA. o Prepare As-Built plans based on CONTRACTOR'S red line and as-built survey. Project Schedule: The services will be concurrent with the Notice to Proceed (NTP) as issued for Contract 13-6123 until such time as the project is complete. 5 da Amendment 1 to Contract 12-5885 "Construction Phase Services for the Marco Island Executive Airport (MKY) Runway 17-35 Rehabilitation Project" SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Mr. Bob Tweedie, Project Manager, Collier County Airport Authority, Marco Island Executive Airport, 2003 Mainsail Drive, Naples, FL 34114. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM PHASE II NOT TO EXCEED AMOUNT: 1. Construction Administration $191,595 2. Construction Inspection $213,439 3. Miscellaneous Services $157,622 TOTAL FEE (Total Items 1-3) $562,622 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. 6 G�' B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum 7 GPI determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 5. B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 6. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. END OF SCHEDULE B. 8 GA ATTACHMENT 1 TO SCHEDULE B Personnel Category Hourly Rate Principal $195 Senior Project Manager $165 Project Manager $148 Senior Engineer $155 Engineer $119 Senior Inspector $85 Senior Inspector Overtime Rate $100 (as indicated on Resource Allocated Spreadsheet) Inspector $65 Senior Planner $140 Planner $110 Senior Designer $115 Designer $100 Environmental Specialist $115 Senior GIS Specialist $145 GIS Specialist $100 Clerical $60 Surveyor and Mapper $130 CADD Technician $85 Survey Crew - 2 man $130 Survey Crew - 3 man $160 Survey Crew - 4 man $180 This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm as needed. 9 Amendment 1 to Contract 12-5885 "Construction Phase Services for the Marco Island Executive Airport (MKY) Runway 17-35 Rehabilitation Project" SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS KEY MKY % TIME PERSONNEL POSITION COMPANY ALLOCATION Luc Carriere Sr. Project Manager HM 35% Steve Henriquez Principal URS 2% Kelli Piercy Sr. Engineer URS 20% Rick Brylanski Sr. Project Manager HM 5% Tom Murphy Surveyor Mapper HM 1% SUB-CONSULTANTS: Cal-Tech Testing, Inc. Asphalt QA Testing Allied Eng. & Testing Material QA Testing Woolpert, Inc. AIGS Coordination U.S. Imaging Aerial Photography 10 CA HOLE MONTES ENGINEERS•PLANNERS•i,t.1RVEYCJRS 6200 Whiskey Creek Drive•Fort Myers,Florida 33919•Phone 239.985 1200•Fax 239.985.1260 November 19,2013 Mr. Thomas Vergo Airport Manager Immokalee Regional Airport 2005 Mainsail Drive Naples, FL 34114 RE: IMM—Rehabilitation of Runway 9-27 Contract 12-5885 Change Order to Engineering Services Dear Mr. Vergo: Pursuant to the execution of Contract Amendment #1, Collier County has requested that Hole Montes incorporate the ecological services of Passarella & Associates, Inc. and associated services by Woods and Wetlands, Inc., into Amendment #1 for Phase II Engineering Construction Services. The proposed change order to provide these services will add Task 4 to the Amendment and include the following scope: Task 4 Ecological Services • Florida Fish and Wildlife Conservation Commission (FWCC) Burrowing Owl Nest Removal Permit o Conduct updated burrowing owl survey within the Rehabilitation of Runway 9-27 project area. o Prepare and submit FWCC burrowing owl nest removal permit application. o Prepare responses to one request for additional information from FWCC. o Following permit issuance, and during the burrowing owl non-nesting season (July 11 through February 14), conduct site visit to collapse burrows within the Rehabilitation of Runway 9-27 project area. • Update Gopher Tortoise Survey within Upland Management Area(UMA) o Conduct updated gopher tortoise survey within the UMA o Prepare aerial map depicting the location of gopher tortoise burrows located within the UMA. o Calculate approximate gopher tortoise population for the UMA. o Prepare report summarizing results of gopher tortoise survey. • Gopher Tortoise Relocation Services o Conduct field work to relocate gopher tortoises in accordance with FWCC Naples•Fort Myers Mr. Thomas Vergo November 19, 2013 Page 2 Gopher Tortoise Incidental Take Permit No. COL-36. Including providing a backhoe and operator necessary to perform burrow excavation activities. • Construction Coordination and Observations o Attend one pre-construction meeting with Client, project engineer, and construction contractor to coordinate gopher tortoise relocation activities. o Install 600 l.f. of wire back fabric tortoise fence to contain of tortoise in temporary holding facility. o Coordinate construction of gopher tortoise temporary holding area within the UMA. o Conduct up to three site visits to monitor gopher tortoises within temporary holding pen. o Coordinate release of tortoises into the UMA The following assumptions were used in the preparation of this scope of services: • Burrowing owl burrow nest removal permit does not include application fees that may be required by the FWCC. • An updated gopher tortoise survey will not be required within the Rehabilitation of Runway 9-27 project area. • Gopher tortoise relocation cost based on a maximum of five days to relocate gopher tortoises. The total labor and material estimate for Tasks 4 is $47,407.50. This estimate is based on a fee of $37,500.00 for Passarella, $6,000.00 for Woods and Wetlands, Inc. to provide the backhoe and operator, $1,650.00, for Woods and Wetlands, Inc. to install tortoise containment fencing and 5%mark up of sub-consultants and subcontractor's cost for$2,275.50. Mr.Thomas Vergo November 19,2013 Page 3 The hourly rate for Passarella&Associates are the following: Principal $210.00/hr. Senior Ecologist III $160.00/hr. Senior Ecologist II $140.00/hr. Senior Ecologist I $120.00/hr. Ecologist III $115.00/hr. Ecologist II $100.00/hr. Ecologist I $ 85.00/hr. Environmental Technician $ 70.00/hr. AutoCAD IV/GIS Manager $100.00/hr. AutoCAD III/GIS Analyst $ 90.00/hr. AutoCAD II/GIS Analyst $ 80.00/hr. AutoCAD I $ 70.00/hr. Administrative Assistant III $ 60.00/hr. Administrative Assistant II $ 50.00/hr. Administrative Assistant I $ 40.00/hr. Reimbursable Expenses Cost The cost for backhoe and operator is$1,200.00 per day. The unit price for tortoise containment fence is$2.75 per linear foot. These rates should be incorporated into Attachment 1 to Schedule B of the Amendment. Would you please process a Change Order to the referenced contract to cover the additional services. Very truly yours, HOLE MS ► ,INC. AincliWif Lu, . Carriere, P.E. V' e President LJC/kgc