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#19-7558 Amend #1 (Hole Montes, Inc.) FIRST AMENDMENT TO AGREEMENT# 19-7558 FOR DESIGN SERVICES FOR IMM RUNWAY REHABILITATION& TAXIWAY EXTENSION PROJECTS THIS FIRST AMENDMENT, made and entered into on this qday of L020, by and between Hole Montes, Inc. (the "Consultant" and/or "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"). WHEREAS, on November 12, 2019 (Agenda Item No. 16.G.2), the County entered into an Agreement with Consultant to provide professional design, permitting and bidding services for the rehabilitation of Runway 18/36 and extension of Taxiway C at the Immokalee Regional Airport (IMM); and WHEREAS, the Parties desire to amend the Agreement per Article Two, "Additional Services of Consultant,"to incorporate Post Design services for the extension of Taxiway C services in the amount of$35,178.25 and Runway services in the amount of$38,566.25. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The additional services shall be provided in accordance with the attached Schedule A-2 Scope of Services, which is hereby incorporated into the Agreement. 2. The fees for additional services outlined in Schedule A-2 shall be provided in accordance with Schedule B-2, attached hereto and incorporated into the Agreement. 3. Schedule C-2, Project Milestone Schedule, is attached hereto and incorporated into the Agreement. 4. Schedule F-2 Key Personnel, Subconsultants and Subcontractors is attached hereto and incorporated into the Agreement. 5. All other terms and conditions, as amended, shall remain the same. SIGNATURE PAGE TO FOLLOW **Remainder of this page left blank intentionally** Page 1 of 12 First Amendment to Agreement# 19-7558 IN WITNESS WHEREOF,the Parties have each executed this First Amendment by an authorized person or agent on the date and year first written above. ATTEST: , /tine),''`'K ., Crystal K. Kinzel;Clerk ofCourts& BOARD OF COUNTY COMMISSIONERS Comptroller COLLIER COUNTY,FLORIDA ` I►By: ;a•�, :r iius�c.c � By: 44,%... ,e4e0Asbal-- Burt L. Saunders,Chairman '' i natur-e.on. - , ) 14k) Dated: � �� ��,Y" , (SEAL) Qv •, Consultant's Witnesses: CONSULTANT: Hole Montes,Inc. F. r ss By: SignsCt'T re e/print witness ameT 12)P / F. TType/print si3Oature and titleT nd Wi ss t Col Vol?.,Zo lilt Lot 7� Date TType/prin witness nlame 1- proved . to . .11 Le ality: Sco R.Teach,Deputy County Attorney Page 2 of 12 /^ First Amendment to Agreement# 19-7558 y SCHEDULE A-2 SCOPE OF SERVICES (First Amendment) This scope of services covers post-design services required for: Rehabilitation of Runway 18/36 Project Description Under a previous task authorization, Collier County Airport Authority (COUNTY) commissioned HOLE MONTES (CONSULTANT) to perform design services for the rehabilitation of Runway 18/36 at IMM. The intent of this scope is to perform post-design phase services necessary to support the various construction elements associated with this project at IMM. At the request of the COUNTY, Hole Montes has drafted this scope of services to define the effort necessary to accomplish the Post-Design (Construction Phase Services) for the Rehabilitation of Runway 18/36 at IMM, excluding Construction Engineering and Inspection (CEI). This will consist of support during construction, in coordination with the CCAA and its (CEO, Atkins North America, and the preparation of closeout documents and record drawings. Obiective The objective shall be the successful completion by the CONSULTANT of project post design related services necessary for the various construction elements associated with the construction of Runway 18/36 rehabilitation at IMM, which excludes any Construction Inspection, as CCAA has retained the services of a separate consultant, Atkins North America, for this work. Scooe For the purposes of scope definition and CONSULTANT fee development, the work has been divided into the following tasks. Any modifications and/or revisions to these tasks will constitute a change in the project scope and may require a revision to the compensation to be paid to the CONSULTANT. These tasks will begin once the COUNTY provides the CONSULTANT with a written Notice to Proceed. These tasks will be complete once the CONSULTANT provides the COUNTY with the closeout documents. The CONSULTANT shall provide technical support during construction along with the preparation of closeout documents and record drawings. The Project Manager (PM) will be readily available to the project team and the COUNTY to oversee necessary project related elements. Task 1: Post Design Services 1.1) This task will include the CONSULTANT's review of shop drawings submitted by the Contractor as stipulated in the Contract Documents. The Resident Project Representative (RPR/ OTHERS) will collect and log shop drawings and transmit them to the Engineer. The CONSULTANT will review the shop drawings and return them to the RPR with necessary comments. The CONSULTANT's review of shop drawings will be limited to general design Page 3 of 12 First Amendment to Agreement# 19-7558 cop concepts and general compliance with the Contract Documents. Reviews by the CONSULTANT will not relieve the Contractor of the responsibility of compliance with the Contract Documents. The CONSULTANT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The CONSULTANT shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The CONSULTANT will review and comment on each shop drawing or technical submittal a maximum of three (3) times. Additional reviews shall be eligible for additional compensation. 1.2) Under this task, the CONSULTANT will prepare technical responses to the questions submitted by the Contractor in the format of a Request for Information (RFI). The RPR will collect, log, and distribute RFI's to the appropriate technical lead for responses and return the RFI responses to the CONTRACTOR. The CONSULTANT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The CONSULTANT shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The CONSULTANT shall also provide technical support and clarifications related to the construction documents and shall provide any required revisions or supplemental information related to the contract documents that may be required during construction. 1.3) Under this task, the CONSULTANT will review the as-built survey of the top of the runway base surface after the asphalt has been milled. Based on review of this data the CONSULTANT shall determine if the final surface can be revised to minimize the amount of asphalt leveling course required. The CONSULTANT will revise the CAD files and plans as necessary to limit the amount of asphalt leveling required consistent with maintaining required slopes and grades. Task 2: Weekly Meetings and Site Visits 2.1) Under this task, the CONSULTANT's Project Manager and/or appropriate technical leads will attend weekly meetings (either in-person or by phone) and make periodic visits to the site during construction. The CONSULTANT will also conduct a Pre-Construction Conference before the Contractor is provided with a construction Notice to Proceed. The purpose of this meeting will be to review general administrative procedures of the contract, review technical requirements, begin the submittal process, and other items as defined in the Contract Documents. In addition, the CONSULTANT's Project Manager and/or technical leads will attend the Substantial Completion and Final Inspections. Task 3: Preparation of Closeout and Record Documents 3.1) Under this task, the CONSULTANT will take the Contractor's red lined and surveyed as- built information and incorporate them into the Construction Drawings for the Airport's record purposes. Also, under this task the CONSULTANT will assist the RPR in preparing the technical related project closeout documentation in accordance with COUNTY and FAA requirements. Page 4 of 12 First Amendment to Agreement# 19-7558 This scope of services covers post-design services required for: Extension of Taxiway C. Project Description Under a previous task authorization, Collier County Airport Authority (COUNTY) commissioned HOLE MONTES (CONSULTANT) to perform design services for the extension of Taxiway C at IMM. The intent of this scope is to perform post-design phase services necessary to support the various construction elements associated with this project at IMM. At the request of the COUNTY, Hole Montes has drafted this scope of services to define the effort necessary to accomplish the Post-Design (Construction Phase Services) for the Extension of Taxiway C at IMM, excluding Construction Engineering and Inspection (CEO. This will consist of support during construction, in coordination with the CCAA and its (CEI), Atkins North America, and the preparation of closeout documents and record drawings. Objective The objective shall be the successful completion by the CONSULTANT of project post design related services necessary for the various construction elements associated with the construction of Taxiway C at IMM, which excludes any Construction Inspection, as CCAA has retained the services of a separate consultant, Atkins North America, for this work. Scope For the purposes of scope definition and CONSULTANT fee development, the work has been divided into the following tasks. Any modifications and/or revisions to these tasks will constitute a change in the project scope and may require a revision to the compensation to be paid to the CONSULTANT. These tasks will begin once the COUNTY provides the CONSULTANT with a written Notice to Proceed. These tasks will be complete once the CONSULTANT provides the COUNTY with the closeout documents. The CONSULTANT shall provide technical support during construction along with the preparation of closeout documents and record drawings. The Project Manager (PM) will be readily available to the project team and the COUNTY to oversee necessary project related elements. Task 1: Post Design Services 1.1) This task will include the CONSULTANT's review of shop drawings submitted by the Contractor as stipulated in the Contract Documents. The Resident Project Representative (RPR/ OTHERS) will collect and log shop drawings and transmit them to the Engineer. The CONSULTANT will review the shop drawings and return them to the RPR with necessary comments. The CONSULTANT's review of shop drawings will be limited to general design concepts and general compliance with the Contract Documents. Reviews by the CONSULTANT will not relieve the Contractor of the responsibility of compliance with the Contract Documents. The CONSULTANT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The Page 5 of 12 First Amendment to Agreement# 19-7558 CONSULTANT shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The CONSULTANT will review and comment on each shop drawing or technical submittal a maximum of three (3) times. Additional reviews shall be eligible for additional compensation. 1.2) Under this task, the CONSULTANT will prepare technical responses to the questions submitted by the Contractor in the format of a Request for Information (RFI). The RPR will collect, log, and distribute RFI's to the appropriate technical lead for responses and return the RFI responses to the CONTRACTOR. The CONSULTANT shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work. The CONSULTANT shall have the authority to make decisions related to the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The CONSULTANT shall also provide technical support and clarifications related to the construction documents and shall provide any required revisions or supplemental information related to the contract documents that may be required during construction. Task 2: Weekly Meetings and Site Visits 2.1) Under this task, the CONSULTANT's Project Manager and/or appropriate technical leads will attend weekly meetings (either in-person or by phone) and make periodic visits to the site during construction. The CONSULTANT will also conduct a Pre-Construction Conference before the Contractor is provided with a construction Notice to Proceed. The purpose of this meeting will be to review general administrative procedures of the contract, review technical requirements, begin the submittal process, and other items as defined in the Contract Documents. In addition, the CONSULTANT's Project Manager and/or technical leads will attend the Substantial Completion and Final Inspections. Task 3: Preparation of Closeout and Record Documents 3.1) Under this task, the CONSULTANT will take the Contractor's red lined and surveyed as- built information and incorporate them into the Construction Drawings for the Airport's record purposes. Also, under this task the CONSULTANT will assist the RPR in preparing the technical related project closeout documentation in accordance with COUNTY and FAA requirements. Page 6 of 12 First Amendment to Agreement# 19-7558 FAO SCHEDULE B-2 BASIS OF COMPENSATION (First Amendment). 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To-Exceed TAXIWAY C 1 Post Design Services $ 10,462.00 $ 2 Weekly Meetings and Site Visits $ 17,398.25 $ 3 Preparation of Closeout and Record Documents $7,318.00 $ $ $ $ $ RUNWAY 18/36 1 Post Design Services $13,850.00 $ 2 Weekly Meetings and Site Visits $17,398.25 $ 3 Preparation of Closeout and Record Documents $7,318.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $73,744.50 Total Time and Materials Fee $ GRAND TOTAL FEE $ 73,744.50 Page 7 of 12 First Amendment to Agreement# 19-7558 8.2.2. ❑*Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. ®* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "'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 Project name and shall not be submitted more than one time monthly. Page 8 of 12 First Amendment to Agreement# 19-7558 B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%)on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. Page 9 of 12 First Amendment to Agreement# 19-7558 SCHEDULE B-2—ATTACHMENT 1 (FIRST AMENDMENT) CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Sr. Engineer $160 Designer $110 Clerical $60 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 10 of 12 First Amendment to Agreement# 19-7558 C A�� SCHEDULE C-2 (First Amendment) PROJECT MILESTONE SCHEDULE Number Task/Item of Calendar Days Description For Completion of Tasks from Date of Notice to Proceed Taxiway C 1 Post Design Services 225 (165 Construction Days plus 60 days) 2 Weekly Meetings and Site Visits 225 (165 Construction Days plus 60 days) 3 Preparation and Closeout and Record Documents 225 (165 Construction Days plus 60 days) Runway 18/36 1 Post Design Services 215 (185 Construction Days plus 30 days) 2 Weekly Meetings and Site Visits 215 (185 Construction Days plus 30 days) 3 Preparation and Closeout and Record Documents 215 (185 Construction Days plus 30 days) Page 11 of 12 First Amendment to Agreement# 19-7558 SCHEDULE F-2 (FIRST AMENDMENT) KEY PERSONNEL Name Personnel Category Percentage of Time TAXIWAY C Tim Parker, P.E. Project Manager 5% Rick Brylanski, P.E. Principal-in-Charge 1% Austin Brown, E.I Project Engineer 5% Jackie Lopez Clerical/Administrative 1% RUNWAY 18/36 Tim Parker, P.E. Project Manager 10% Rick Brylanski, P.E. Principal-in-Charge 1% Austin Brown, E.1 Project Engineer 10% Jackie Lopez Clerical/Administrative 5% Page 12 of 12 First Amendment to Agreement# 19-7558II Detail by Entity Name Page 1 of 3 Florida Department of State DIVISION OF CORPORATIONS ‘I/ DV/!:Aril(of , (1-19 j/.org �'�,'_P -\' 10 IL' ae n/lnrr!.true uJ1k rirlrr rrrbarte Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation HOLE MONTES, INC. Filing Information Document Number 449782 FEI/EIN Number 59-1518838 Date Filed 04/03/1974 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/04/2020 Event Effective Date NONE Principal Address 950 ENCORE WAY NAPLES, FL 34110 Changed: 02/20/2001 Mailing Address 950 ENCORE WAY NAPLES, FL 34110 Changed: 03/07/2008 Registered Agent Name&Address Sapp,June T 950 ENCORE WAY NAPLES, FL 34110 Name Changed:05/03/2019 Address Changed: 02/20/2001 Officer/Director Detail Name&Address Title CEO, Director TAYLOR,THOMAS M 950 ENCORE WAY NAPLES, FL 34110 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inquirytype=Entit... 10/23/2020 Detail by Entity Name Page 2 of 3 Title Secretary,Treasurer June T.Sapp 950 ENCORE WAY NAPLES, FL 34110 Title VP BRYLANSKI, RICHARD 6200 WHISKEY CREEK DRIVE FORT MYERS, FL 33919 Title VP, Director BENSON, RONALD E 950 ENCORE WAY NAPLES, FL 34110 Title VP, Director Cole,William Terry 950 ENCORE WAY NAPLES, FL 34110 Title VP Murphy,Thomas 950 ENCORE WAY NAPLES, FL 34110 Title President, Director Mulhere, Robert 950 ENCORE WAY NAPLES, FL 34110 Title VP Schmitt, David 950 ENCORE WAY NAPLES, FL 34110 Title V PRYSI,WILLIAM E 6200 WHISKEY CREEK DR FORT MYERS, FL 33919 Annual Reports Report Year Filed Date 2019 04/24/2019 2019 05/03/2019 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/23/2020 Detail by Entity Name Page 3 of 3 2020 02/07/2020 Document Images 08/04/2020--Amendment View image in PDF format 02/07/2020--ANNUAL REPORT View image in PDF format 05/03/2019--AMENDED ANNUAL REPORT View image in PDF format 04/24/2019--ANNUAL REPORT View image in PDF format 03/05/2018--ANNUAL REPORT View image in PDF format 03/20/2017--ANNUAL REPORT View image in PDF format 02/18/2016--AMENDED ANNUAL REPORT View image in PDF format 02/11/2016--ANNUAL REPORT View image in PDF format 04/16/2015--AMENDED ANNUAL REPORT View image in PDF format 02/04/2015--ANNUAL REPORT View image in PDF format 03/05/2014--ANNUAL REPORT View image in PDF format 02/28/2013--ANNUAL REPORT View image in PDF format 01/06/2012--ANNUAL REPORT View image in PDF format 02/22/2011--ANNUAL REPORT View image in PDF format 02/18/2010--ANNUAL REPORT View image in PDF format 03/18/2009--ANNUAL REPORT View image in PDF format 03/07/2008--ANNUAL REPORT View image in PDF format 03/12/2007--ANNUAL REPORT View image in PDF format 03/09/2006--ANNUAL REPORT View image in PDF format 03/30/2005--ANNUAL REPORT View image in PDF format 02/10/2004--ANNUAL REPORT View image in PDF format 04/28/2003--ANNUAL REPORT View image in PDF format 02/26/2003--ANNUAL REPORT View image in PDF format 02/03/2002--ANNUAL REPORT View image in PDF format 02/20/2001--ANNUAL REPORT View image in PDF format 11/29/2000--Name Change View image in PDF format 03/24/2000--ANNUAL REPORT View image in PDF format 04/14/1999--ANNUAL REPORT View image in PDF format 01/22/1998—ANNUAL REPORT View image in PDF format 02/19/1997--ANNUAL REPORT View image in PDF format 04/05/1996--ANNUAL REPORT View image in PDF format 03/22/1995--ANNUAL REPORT View image in PDF format 02/03/1995--ANNUAL REPORT View image in PDF format 04/03/1974--Filings Prior to 1995 View image in PDF format Florida Department of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/23/2020