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CCAA-AB Agenda 11/05/2012Meeting Minutes Collier County Airport Authority Advisory Board Meeting Marco Island Executive Airport 2005 Mainsail Drive, Naples, Florida November 5, 2012 1. Pledge of Allegiance. 2. Call to Order. Michael Klein, Chairman, called the meeting to order at 1:00 p.m. Advisory Board Members Present: Michael Klein, Jim Murray, Frank Halos, Lloyd Byerhof, Dave Gardner, Karl Geng, and Floyd Crews. Advisory Board Members AbsenjZExcused: None. Staff. Chris Curry, Bob Tweedie, Thomas Vergo, and Debbie Brueggeman Others Present: Sue Mayhood, Marvin Courtright Action: A quorum was announced as being present. 3. Introduction of Guests. All present introduced themselves. Action: Mr. Gardner made a motion to approve the agenda. Mr. Halos seconded, and the Agenda was approved by unanimous vote. 5. Approval of Minutes, Action: Mr. Halos made a motion to approve the minutes for the October 1, 2012 meeting. Mr. Gardner seconded the motion, and it passed by unanimous vote. 6. Update /Acknowledgement of Airport Information Items under this section of the agenda are for informational purposes. No Advisory Board action is requested. Advisory Board members were provided a copy of a presentation highlighting items in this section and the Director's Report. Immokalee Newsletter Mr. Vergo provided a brief overview of items contained in the Newsletter, a copy of which was provided to Advisory Board members, • Update on USDA Building Build Out The anticipated completion date of the facility is December 17, 2012. * Thomas GAS company meeting Thomas Gas has expressed interest in possibly leasing about one acre of property at IMM for the storage two 300,000 gallon propane tanks. 1 of 3 w. Meeting Minutes 1. 2. 3 C! a A 7. Collier County Airport Authority Advisory Board Meeting Immokalee Regional Airport 165 Airpark Boulevard, Immokalee, Florida October 1, 2012 Pledge of Allegiance. Call to Order. Lloyd Byerhof, Chairman, called the m Advisory Board Members Present: Lloyd Byerhof, Karl Geng, Frank Halas, and Floyd Crews. Advisory Board Members Absent /Excused: N Staff: Chris Curry, Bob Tweedie, Thomas V d Others Present: See attached sign -in sh A quorum was announced as Introduction of Guests. All Adoption of the Agenda. corder at 1:30 p.m. Klein, Jim Murray, Dave Gardner, Halos seconded, and the the minutes for the September 10, 2012 i, and it passed by unanimous vote. a are for informational purposes. No Advisory Board Mr. Vergo provideTan update on the progress on the construction of the build out, which is proceeding rapidly, and should be completed before the end of this year. Water is currently metered for the entire building, but can be subdivided in the future. Electric is subdivided. Director's Report Advisory Board action is requested on items under this section of the Agenda. 1of3 • Join Automated Capital Improvement Program (JACIP) Update /Presentation and Advisory Board Acceptance /Approval Action: Mr. Murray made a motion to accept the JACIP as presented. Mr. Holas seconded, and the motion passed unanimously. • Recommendation that the BCC accept a grant offer from FDOT for $35,312 for the design, permitting, and bidding of Runway 17 -35 pavement restoration at MKY Action: Mr. Halos made a motion to recommend t t the BCC accept a FDOT grant in the amount of $35,312 for the design, pe g, and bidding of Runway 17 -35 pavement restoration at MKY. Mr. econded, and the motion passed unanimously. • Recommendation that the BCC accept a permitting, and bidding of Runway 9 -27 Action: Mr. Halas made a motion It the amount of $39,642 for pavement rest at lMM. unanimously. from FDOj1jW9,642 for the design, restoration at emend at the BCt4jWt a FDOT grant in ign itting, and g Runway 9 -27 y seconded, and motion passed • Recommendation that the BCC a sup funds DOT in the amount of $6,121 for security sy<Halos s at MKY Action: a mots omm t the BCC accept supplemental m F in the a of $6,121 for security system upgrades at MKYsec and the on passed unanimously. rco Av n for Air Expeditions, Inc. to assume the Mr. G ode 3Wion to recommend that the 8CC approve an Agreement for Air E !lions, to assume the Marco Aviation Agreement, Mr. Klein seconded, the motion passed unanimously. • Recomme%Agr ha CC approve the First Amendment to Raven Air's (Island Hopper's) Sub -Lease Act ion: Mr. Geng made a motion to recommend that the BCC approve the First Amendment to Raven Air's Sub -Lease Agreement. Mr. Halos seconded, and the motion passed unanimously. • Executive Directors Performance Appraisal and FY2012 - FY2013 Action Plan Action: Mr. Murray made a motion to recommend that the BCC approve the proposed FY2012 - FY2013 Action Plan for the Executive Director. Mr. Klein seconded, and the motion passed unanimously. 2of3 a 8. Action: Airport Advisory Board members were each asked to complete a Performance Evaluation of the Executive Director. Election of Officers. Action: Mr. Halos nominated Mr. Murray for Chairman. Mr. Murray declined the nomination and nominated Mr. Klein for Chairman. Mr. Crews seconded. Mr. Murray made a motion to close the nominations. Mr. Crews seconded the motion, and it passed by unanimous vote. Mr. Klein nominated Mr. Murray for Vice- Chair. las seconded. Mr. Byerhof made a motion to close the nominations. Mr. Halo ded the motion, and it passed by unanimous vote. Mr. Murray nominated Mr. Halos for r ary. Mr. of seconded. Mr. Klein made a motion to close the nominations yerhof secon a motion, and it passed by unanimous vote. FY 2012 -2013 Airport Advisory Boa cers are: Mr. Michael Klein - Chai Mr. li Vice Chai Mr. Fra ecretary 9. Public Comments. None. 10. Next Meeting. 11. Adiournment. T etii COLLIER RT A COLLI TY, F Michael Klein, Chian 'November 5, 2012 at MKY. m. without objection. 3 of 3 3 Airport Advisory Board Meeting October 1, 2012 Public ft -In Sheet Affiliation IMM Connection Turbo Services Turbine Test Cell Now Operational The Turbo Services Test Cell located next to the USDA Building is now fully operational. Since their inaugural run in July, Turbo Services has run 4 engines in the test cell. Turbo Services plans to run an average of 2 engines a month. The average test will last from 30 minutes to up to an hour. The majority of the time, the engines are at idle with short bursts of accelerations. Turbo Services tests, overhauls, and supports the Pratt and Whitney FT4 Turbine Engine. These engines are used throughout the world to power both primary and standby generators for power production. INSIDE THIS ISSUE • Vehicle Access Codes Are Changing • Turbo Services Now Operational • Airport Runway/Taxiway Lighting Upgrades • New GA Terminal Building Rain Gutters • USDA Building Build Out Update • Airport Calendar Gate Codes Are Changing! In preparation for the New Year, the access codes for the gates will be changing and vehicle access permits will be expiring. All current access codes and permits will expire on January 1, 2013. All current tenants, customers, and businesses that wish to maintain access privileges to the secured areas within the Airport fenced areas will need to visit the IMM General Aviation Terminal Building starting December 1, 2012 during normal business hours to update their access permit applications and pick up their new vehicle access permits and codes. To renew your vehicle permits, you will need a copy of valid registration and proof of vehicle insurance when you pick up your access permit. To obtain a blank vehicle access permit application in advance, or for any questions, feel free to visit the IMM GA Terminal Building, call the Airport office at 239 -657- 9003, or at: ImmokaleeAirport,gcolliergov.net. IMM Connection 1 u D � Runway 18136 Lighting and Taxiway Alpha /Charlie Lighting Upgrades Completed The work for the Runway 18/36 approach lighting and Taxiway Alpha /Charlie edge lighting transformer replacement project is complete. The contractor, Airfield Western completed the project ahead of schedule and was able to save the Airport almost $5,000 by running the electrical cabling for the Runway REILS and PAPIs in a more efficient manner. The contractor also ran additional empty conduits under Runway 18/36 for the future extension of Taxiway Charlie to the North. The project included the installation of two sets of 4 -box Precision Approach Path Indicators (PAPIs) and LED Runway End Identifier Lights ( REILS) for Runway 18/36, a new main power cable for Runway 18/36, replacement of the Airport rotating beacon, new transformers for the directional signs on Taxiway Alpha and Charlie, and new isolation transformers and connectors for the Taxiway Alpha and Charlie edge lights. This project was funded through an 80% grant from the Florida Department of Transportation and a 20% local match from the County. Advertising Opportunities There are many different opportunities for businesses to advertise here at the Immokalee Regional Airport. Recently the Seminole Casino Immokalee entered into an agreement with the IMM Airport to wrap one of our airside facing windows with information about what the casino has to offer, how to get to the casino, and contact info for questions. Companies interested in advertising opportunities can contact Airport Staff for more information. LAND FOR LEASE Collier County Airport Authority The Immokalee Regional Airport currently has multiple open parcels of land available for lease both within the Airport Industrial Park and within the Airport airside areas. Interested individuals are encouraged to contact the Airport Management for more information and a tour of the facilities. IMM Connection 2 General Aviation Terminal Building Rain Gutter Upgrades The Immokalee Regional Airport General Aviation Terminal Building received some much needed rainwater gutter upgrades just in time for our wet summer season. The upgrades will help control the water that cascaded down the roof around our entrance and exit doors. In the past, customers and staff would get showered with water cascading off the roof when trying to enter or exit the terminal building during any type of rain storm. General Reminders • The vehicle speed limit on the GA ramp and other areas is 15 miles per hour. • The dumpster located near Gate D and the t- hangars is for Airport t- hangar generated waste only. Trash lids should be kept shut when not in use. • Vehicles should be parked inside a tenant's t- hangar unit while they are flying. • Access to the Taxiways and Runway areas with ground vehicles requires specific written permission from Airport Management. • Takeoffs and Landings on the turf areas of the Airport are not authorized at anytime. • Please ensure that the fueling nozzles on the 24-hour self - service fuel pumps are not dragged along the pavement during use. This shortens their useful life and increases the possibility of a fuel spill. • Make sure your contact information is kept up -to -date with the Airport staff so we can keep you updated with Airport news. T- Hangar Units Available! There are still a few t- hangar units available for lease. Our seasonal customers are starting to return for the winter season and we have no doubt the remaining units will be filled within the next 30 days. If you or someone you know is interested, please contact Airport Staff for more information. Maintenance Requests If your hangar needs work or you notice another issue on the Airport, don't hesitate to contact Airport staff to have it addressed. Maintenance requests can be called into the office, emailed to the Airport email address, or requested on a maintenance request form. .4: • Please keep overhead lighting turned off in your hangar unit when not in use. This helps save electricity and lowers our maintenance costs. IMM Connection 3 Updated USDA Building Build -Out Information The interior build -out of the 20,000 square foot USDA Manufacturing building started on Monday, September 24, 2012. The contractor, OneSource Construction, who is based out of Fort Myers, Florida has already installed the sanitary plumbing, frames for the office space(s), and the rear loading dock levelers and bumpers. In total, the improvements that will be made to the building include additional outdoor safety lighting, dock levelers and protection bumpers for the truck loading dock, upgraded overhead lighting throughout the entire 20,000 square foot building, installation of both high and low voltage electrical panels in each bay, outdoor ground monument signs, connection of the powered overhead doors to the building power system, and the construction of a 4,000 square foot office space complete with bathrooms. The build out of the building has been designed to allow for future flexible use of the building. The building has the ability to be sub - divided into up to five individual 4,000 S.F. bays with office spaces if needed in the future. The tenant for the building, Salazar Machine and Steel is eager to move in upon completion of the build out and will be leasing the entire site for the next 10 years. Airport Calendar CCAA Advisory Board Meeting Date: November 5, 2012 Time: 1:00pm Location: Marco Island Airport Highlands Elementary Airport Visit Date: November 9, 2012 Time: 9:15am to 11:00am Location: IMM Airport GA Ramp GA Terminal Closed — Observance of Thanksgiving Holiday Date: November 22, 2012 CCAA Advisory Board Meeting Date: December 3, 2012 Time: 1:00pm Location: Everglades City GA Terminal Closed — Observance of Christmas Holiday Date. December 25, 2012 Any information, ideas for future issues, or comments on the newsletter can be sent to the Immokalee Regional Airport staff at: Immokalee Regional Airport Newsletter Comments 165 Airpark Blvd. Immokalee, FL 34142 E -Mail: lmmokaleeAirport(a),colliergov .net IMM Connection 4 ,�"�.► COLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD MEETING 2013 Meeting Schedule 1:00 PM Date Location Monday, January 7 Marco Island Airport Monday, February 4 Monday, March 4 Monday, April 1 Monday, May 6 Monday, June 3 Monday, August 5 Monday, September 9 Monday, October 7 Monday, November 4 Monday, December 2 Immokalee Airport Marco Island Airport Everglades Marco Island Airport Immokalee Airport Marco Island Airport Immokalee Airport Marco Island Airport Immokalee Airport Marco Island Airport Note: The Airport Authority Advisory Board does not meet in July. MEMORANDUM DATE: October 16, 2012 TO: Chris Curry FROM: Ian Mitchell, Executive Manager Board of County Commissioners RE: Airport Authority Advisory Board As you know, we currently have 1 vacancy on the above referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Ms. Magda Ayala 1701 6`h Avenue Immokalee, Florida 34142 Mr. Marvin D. Courtright 261 Matecumbe Lane Naples, Florida 34114 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 252 -8097. Thank you for your attention to this matter. 1M /0 Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252-8606 Application was received on: 4/26/2012 7:09:59 PM. jo Magda Aya-I-aj W ,4W *V, 054-647-866 11701 6th Ave 04 WWAM-WA W 39-657-2336 ft",q-' 39-657-2 bmagW504&622,00 WMort Advisory B:mA P..* of indij�R WO -* A if em to W WV ii R� of Indicat ANIIVMNIO�A-Wf 00019 WOO Eg of Indicat 0 I -4� *V9 10 W-4 VVIR4,246 W"'It JA - hflf-4 Melft- Ili I g RTI . •' 41+ MY 14 W-44000"I'MI'M of Indicat ow that I am self employed I have time to get involved in civic associations. Attend chamber of RA and Immokalee Water and Sewer meetings. I have applied to be on the board for the IWSD. "k m BS. In Business M.S. In Mental Healt goal. I was the director of H.R. For WCI Communities as such had to deal with a diverse w been a business owner for the past 18 years - have a good understanding of business and 0 Mitchelllan rom: marymarv416@embargmaii.com ent: Thursday, September 13, 2012 5:45 PM o: Mitchelllan Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252 -8606 Application was received on: 9/13/2012 5:45:21 PM. liaucs Marvin D. Courtrighlroe 39- 530 -051 H�¢ ; •k9 a � '14 re ttttttt a're s: 61 Matecumbe Lan (iat�►: a les p £ore 411 on "M Ad s c ui± 39 -821 -294 11�I i1' AW' arv416 embar mail.co Boir rftee`pliedQt`l; i ort Authority Adviso Boar G'tegO Vdrport Authori `Snr etired US Arm IiQiv 10 3 ttec eouGrt! 1su eveir.een ct�cted�y, sea "" ins top'. . a of Indicat '. oi'y;lr`rIPQYexsiuess. !tie: un Not Indicate j i.° NCi' , Al C} 1501y o Cl iT�eIC }+c th,u.St �� a2C h ��i allle tth Ord 'oii��' � PW ommissidnes uih Wentattheltii griSx►ip �ligsfp thip'.�;:� • Y,.w�•�•s+.*�A,.'W- t.a- a r • ��annra.t i'$a.Y �[uwv�:�a�, v/. -�' f!7a[.a.: .. cuu.::4�+a�iaaaaa�a.ua�r} ;2 '" "r �4 �#�i3�� .s. , or1t6r tri�i ba?18� ' 9p if atf i/or a i1Ct S a #�i >ji �i"rti vtiFliiii ay�taa°are i iT at d_be i+e t fMax i /.,3 tmr .eirdaians °n:t�!is::vj%s�#�5'; �qri e wo aviation businesses located at the Immokalee Ai rt it Y.d_ �•'T Ofiginal Ai rt Advisory Boar Riwl . ry n kt# o.owona 14 years includin colleg i ears of general aviation flight and maintenance. • iy November 13, 2012 Agenda Items 14A1 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, approve and authorize the Chairman to execute attached Contract #12 -5885 "Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project" in the amount of $660,000 with Hole Montes, Inc. OBJECTIVE: To prepare plans and specifications and bid documents; permit; and bid the restoration of Runway 17 -35 and aircraft aprons at the Marco Island Executive Airport (MKY). CONSIDERATIONS: On September 25, 2012 the Board of County Commissioners approved the Selection Committee firm ranking for RFP #12 -5885 and directed staff to bring a negotiated contract to the Board for approval, Agenda Item 14AL The scope of this project is to provide design services for the rehabilitation of Runway 17 -35 at MKY. These design services will include an evaluation of alternatives for any improvements necessary for completion of the project including but not limited to an analysis of the pavement rehabilitation options for existing runway and apron systems. The project will also include drainage improvements and grading and fill improvements to the runway safety /object free areas, upgrade(s) to the airfield lighting system, and the installation of emergency standby generator power. Through the award of this contract and scope of services, the Consultant is assumed to be an expert in the field of airport airfield rehabilitation with the experience of numerous Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) funded projects of similar nature and, as such, is solely responsible for designing a safe and efficient project in compliance with all regulations and requirements. The Consultant shall provide all project management, design and design related services necessary to initiate construction of all elements for improvements associated with MKY Runway 17 -35 Rehabilitation project. FISCAL IMPACT: The sources of funding are a Federal Aviation Administration Airport (FAA) Improvement Program grant, a Florida Department of Transportation grant, and local match money (General Fund) within the Airport Grant Match Fund 499, Project 33228. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: To approve and authorize the Chairman to execute attached Contract #12 -5885 in the amount of $660,000 with Hole Montes, Inc., for design and related services for the Marco Island Executive Airport Runway 17 -35 rehabilitation project. PREPARED BY: Chris Curry, Executive Director / Jr� Contract #12 -5885 "Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of . 20_.,__ by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER ") and Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is 950 Encore Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT "). WIT NESS ETH: WHEREAS, the OWNER desires to obtain the professional Design and Related Services of the CONSULTANT concerning Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 /eo ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates George H. Hermanson, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating 2 / �." to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 3 / C? 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all - inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83190). The drawings should either reference specific established Survey Monumentation, such as Certified Section Comers (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have 4 /7 common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 5 U?0 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 6 0?/ 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANTS disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be 9 cal `1 deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 10 C:2 Sr ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. i 1 07& 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 12 CP 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub - subcontractors. 13 a 9 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 14 �9 9 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an 15 30 extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for 16 3/ CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 95.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by 17 3 of United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL. 34112 Attention: Joanne Markiewicz, Interim Purchasing /General Services Director Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Telephone: 239 - 254 -2000; Fax: 239- 254 -2099 Attn: George H. Hermanson, Senior VP 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 18 36.4 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE 19 7 Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 12 -5885 Terms and conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2xa) of the Florida Statutes which read as follows: 20 3S "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any. suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 21 tea ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea, and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Remainder of page intentionally left blank. 22 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project the day and year first written above. ATTEST: Dwight E. Brock. Clerk 0 Date: Approved as to form and legal sufficiency- r�po Scott R. Teach Deputy County Attorney w' c J. C rriere Typed/Pnnted Name 6.0( ity c� W s Kristin G. Cannestra Typed/Printed Name 21 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY. FLORIDA. By: Fred W. Coyle, Chairman Hole Montes, Inc. By �. Robert L. Murray. P.E.j Sr. V.P./Principal Typed/Printed Name and Title Contract #12 -5885 "Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project' Schedule A SCOPE OF SERVICES This covers services through the design and bid phases and includes permitting with Florida Department of Environmental Protection (FDEP) and County Development. Services during construction phase will be covered under a separate work order. 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 be determined through the evaluation of alternatives based on results of geotechnical exploration, field surveys, pavement conditions and consideration for minimal disruption of airport operations. The associated improvements will include the following: • Filling and grading of runway safety areas; • Drainage improvements on and adjacent to apron; • 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; • Run -up pad on Taxiway A near Runway 35. • Adjust grade for Runway 35 PAPIs. Ob ective The objective shall be timely delivery and successful completion by the CONSULTANT of all project management, design and design related services necessary to initiate construction of all elements for improvements associated with the Marco Island Executive Airport (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. Scope The scope of this project is to provide design services for the rehabilitation of Runway 17 -35 at MKY. These design services also include the evaluation of alternatives for any improvements necessary for completion of the project including but not limited to an analysis of the pavement rehabilitation options for existing runway and apron systems. The project will also include drainage improvements and grading and fill improvements to the runway safety/object free areas. Services will also entail upgrade to the airfield lighting system and an emergency standby generator power will be installed. Through the award of this contract and scope of services, the CONSULTANT is assumed to be an expert in the field of airport airfield rehabilitation with the experience of numerous Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) funded projects of similar nature and, as such, is solely responsible for designing a safe and efficient project in compliance with all regulations and requirements. TASK 1 — Proeect Development During this task the CONSULTANT will administer and manage all aspects of the project development process. This task will include the following items: 24� 1.1 General Consulting/Project Management - General project consulting for the pre - design effort. 1.2 Subconsultant Administration - Sub - consultant negotiations, scope development and contract administration. 1.3 Client Meetings - Project development meeting to determine general project alternatives to be analyzed during Task 3. 1.4 Grant Application Assistance (Design) - Assisting the CLIENT with development the Grant Application for FAA Airport Improvement Program funds for the design portion of the PROJECT. TASK 2 - Data Collection During this task the CONSULTANT will administer and manage all aspects of the data collection process. This task will include the following items: 2.1 Site Investigation - One site visit to review the project site include the civil and airfield electrical elements. 2.2 Ground Penetrating Radar (GPR) Investigation and Analysis - GPR investigation and analysis to locate potential subsurface anolomies and determine the existing pavement structure. 2.3 Geotechnical Program - After analysis of the GPR data, geotechnical exploration, including borings, on -site LBR and laboratory testing will be performed to further analyze the existing pavement structures and adjacent site conditions. 2.4 Pavement Inspection and Crack Mapping - One site visit to inspect the existing pavement surface and perform mapping of the existing surface cracking. 2.5 Site Topographical Survey - Topographical and cross - sectional survey to locate the existing pavement, airfield lighting, underground utilities, and drainage system. The survey will also result in existing 0.5 foot contours. 2.6 NOT USED. 2.7 Project Management - General project management associated with Tasks 2.1 thru 2.6. 2.8 Quality Control - Quality control associated with Tasks 2.1 thru 2.6. 2.9 Client Meeting - One client meeting to review the results of the data collection. TASK 3 - Plannina/Environmental During this task the CONSULTANT will administer and manage all aspects of the planning and environmental process. This task will include the following items: 3.1 Project Justification /Alternative Analysis Report. 3.2 FAA/FDOT /Client Pre - Design Charette. 3.3 ALD Update. 3.4 Environmental Checklist - Confirm that the project is covered under an existing Finding of No Significant Impact (FONSI). 3.5 Review of Existing Permits - Review will include the existing permits issued by FDEP, US Army Corps of Engineers, and Collier County, including mitigation program. 3.6 Project Management - General project management associated with Tasks 3.1 thru 3.5. 3.7 Quality Control - Quality control associated with Tasks 3.1 thru 3.5. TASK 4 - Alternative Development During this task the CONSULTANT will administer and manage all aspects of the alternative development process. This task will include the following items: 4.1 Concept Layouts & Cost Estimates - The alternative chosen in Task 3.2 will be further developed into concept layouts for CLIENT approval. Cost estimates will be developed for these concepts. 4.2 Cost/Benefit Analysis - A cost/benefit analysis will be performed for the concept layouts in Task 4.1. 4.3 Construction Phasing and Safety Plans Outline /Draft - Phasing and Safety Plans will be generally outlined for CLIENT approvallinput. 4.4 Technical Workshop/Preferred Concept Approval - A client meeting will be conducted to discuss the results of Task 4.1 thru 4.3. The preferred concept will be chosen for complete design development. 4.5 Project Management - General project management associated with Tasks 4.1 thru 4.4. 4.6 Quality Control - Quality control associated with Tasks 4.1 thru 4.4. 11/tom 25 TASK 5 — Design (30 %) During this task the CONSULTANT will administer and manage all aspects of the 30% design development process. This task will include the following items: 5.1 Cover /Notes /Contract Layout Plan — The development of general plan sheets to include, but not limited to, the Cover Sheet, General Notes and the Contract Layout Plan. 5.2 Construction Phasing and Safety Plans — The development of the phasing and safety plans in accordance with FAA Advisory Circular (AC) 150/5370 -2, Operational Safety on Airports During Construction, current edition. The phasing plans will take into account airport operational needs, impact to the airport users and constructability. 5.3 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will identified. 5.4 Geometric Design — FAA AC 15015300 -13, Airport Design, current edition, will be utilized in establishing proposed horizontal and vertical geometric layouts. 5.5 Pavement Design/Typical Sections — FAA AC 150- 5320 -6, Airport Pavement Design and Evaluation, current edition, will be utilized in designing the proposed pavement rehabilitation and identifying the typical sections. 5.6 Grading and Drainage Design — FAA AC 150/5320 -5, Surface Drainage Design, current edition, and Florida Department of Environmental Protection (FDEP) regulations will be utilized in analyzing the existing drainage patterns and designing proposed drainage elements. Grading fill requirements for the runway safety area and object free area improvements will be designed in accordance with AC 150/5300 -13, Airport Design, current edition. 5.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will be analyzed and impacts to those utilities will be coordinated with the proposed design elements. The proposed power source for the new electrical vault in Task 5.9 will be identified. 5.8 Airfield Lighting and Signage — FAA AC 150/5340 -18, Standards for Airport Sign Systems, current edition, and FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop improvements /upgrades to the existing airfield lighting and signage system. 5.9 Electrical Vault and Generator Plan — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop upgrades to the existing airfield electrical vault. A new generator will also be included In the design development. 5.10 Visual Aids Design — FAA AC 15015340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop improvements /upgrades to the existing airfield visual aids. 5.11 Marking Plans — FAA AC 15015340 -1, Standards for Airport Markings, current edition, will be utilized to develop marking layout for the proposed development. 5.12 Lighting Details — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop construction details for the airfield lighting and signage improvements. 5.13 Marking Details — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to develop marking details for the proposed marking layout. 5.14 Technical Specification Outline — FAA AC 150- 5370 -10, Standards for Specifying Construction of Airports, current edition, will be utilized to outline the required technical specifications. 5.15 Permitting Pre - application Meeting — In accordance with the FDEP requirements, a pre - application meeting will be conducted to discuss the drainage impacts and design approach. A meeting will also be conducted with Collier County Development to discuss the need for local approvals. 5.16 Cost Estimates — The 30% Design Development drawings will be utilized to develop conceptual cost estimates for budgeting purposes. 5.17 Plan Review Meeting — A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 30% Design Development drawings. 5.18 Project Management — General project management associated with Tasks 5.1 thru 5.17. 5.19 Quality Control /Coordination Review — Quality Control /Coordination Review associated with Tasks 5.1 thru 5.17. TASK 6 — Design (60 %) During this task the CONSULTANT will administer and manage all aspects of the 60% design development process and respond to all 30% comments received. This task will include the following items: 6.1 Cover /Summary of Quantities /Notes /Contract Layout Plan — The continued development of general plan sheets to include, but not limited to, the Cover Sheet, Summary of Quantities, General Notes and the Contract Layout Plan. 26 I 6.2 Construction Phasing and Safety Plans — The continued development of the phasing and safety plans in accordance with FAA AC 150/5370 -2, Operational Safety on Airports During Construction, current edition. The phasing plans will take into account airport operational needs, impact to the airport users and constructability. 6.3 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will continue to be identified. 6.4 Geometric Design — FAA AC 150/5300 -13, Airport Design, current edition, will continue to be utilized in establishing proposed horizontal and vertical geometric layouts. 6.5 Pavement Design/Typical Sections — FAA AC 150 - 5320 -6, Airport Pavement Design and Evaluation, current edition, will continue to be utilized in designing the proposed pavement rehabilitation and identifying the typical sections. 6.6 Grading and Drainage Design — FAA AC 150/5320 -5, Surface Drainage Design, current edition, and Florida Department of Environmental Protection (FDEP) regulations will continue to be utilized in analyzing the existing drainage patterns and designing proposed drainage elements. Grading fill requirements for the runway safety area and object free area improvements will be designed in accordance with AC 150/5300- 13, Airport Design, current edition. 6.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will continue to be analyzed and impacts to those utilities will be coordinated with the proposed design elements. 6.8 Airfield Lighting and Signage — FAA AC 150/5340 -18, Standards for Airport Sign Systems, current edition, and FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will continue to be utilized to develop improvements /upgrades to the existing airfield lighting and signage system. 6.9 Electrical Vault and Generator Plan — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will continue to be utilized to develop upgrades to the existing airfield electrical vault. A new generator will also be included in the design development. 6.10 Visual Aids Design — FAA AC 15015340 -30, Design and Installation Details for Airport Visual Aids, current edition, will continue to be utilized to develop improvements /upgrades to the existing airfield visual aids. 6.11 Marking Plans — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will continue to be utilized to develop marking layout for the proposed development. 6.12 Drainage Details — Florida Department of Transportation (FDOT) Design Standards, current edition, will continue to be utilized to develop construction details for the drainage improvements. 6.13 Lighting Details — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will continue to be utilized to develop construction details for the airfield lighting and signage improvements. 6.14 Marking Details — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will continue to be utilized to develop marking details for the proposed marking layout. 6.15 Miscellaneous Details — Additional details not described in Tasks 6.12 thru 6.14 will be incorporated into the Design Development drawings. 6.16 Cross Sections — The geometric and drainage design in Tasks 6.4 and 6.6 will continue to be modeled and cross sections developed. 6.17 Project Specifications— FAA AC 150- 5370 -10, Standards for Specifying Construction of Airports, current edition, will be utilized to develop the required specifications. Federal requirements for construction projects will also be incorporated. 6.18 Drainage Modeling and Permit Submittal — In accordance with the FDEP requirements, drainage modeling will be conducted to analyze the drainage design. A Collier County Site Development Submittal will also be made to address drainage improvements. 6.19 Cost Estimates — The 60% Design Development drawings will be utilized to develop cost estimates for budgeting purposes. 6.20 Engineer's Report — In accordance with FAA requirements, an Engineer's Report will be developed describing the project design, phasing, and estimated cost. Requests for all Modifications to Standards will be included in the Engineer's Report. 6.21 Plan Review Meeting — A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 60% Design Development drawings. 6.22 Project Management — General project management associated with Tasks 6.1 thru 6.21. 6.23 Quality Control /Coordination Review — Quality Control /Coordination Review associated with Tasks 6.1 thru 6.21. TASK 7 - Deslan (100 %) During this task the CONSULTANT will administer and manage all aspects of the 100% design development process and respond to all 60% comments received. This task will include the following items: 27 Va 7.1 Cover /Summary of Quantities /Notes/Contract Layout Plan — The final development of general plan sheets to include, but not limited to, the Cover Sheet, Summary of Quantities, General Notes and the Contract Layout Plan. 7.2 Construction Phasing and Safety Plans — The final development of the phasing and safety plans in accordance with FAA AC 15015370 -2, Operational Safety on Airports During Construction, current edition. The phasing plans will take into account airport operational needs, impact to the airport users and constructability. 7.3 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will finalized. 7.4 Geometric Design — FAA AC 150/5300 -13, Airport Design, current edition, will be utilized in finalizing the proposed horizontal and vertical geometric layouts. 7.5 Pavement Design/Typical Sections — FAA AC 150 - 5320 -6, Airport Pavement Design and Evaluation, current edition, will be utilized in finalizing the pavement rehabilitation and typical sections. 7.6 Grading and Drainage Design — FAA AC 150/5320 -5, Surface Drainage Design, current edition, and Florida Department of Environmental Protection (FDEP) regulations will be utilized in analyzing the existing drainage patterns and finalizing the drainage elements. Grading fill requirements for the runway safety area and object free area improvements will be designed in accordance with AC 150/5300 -13, Airport Design, current edition. 7.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will be analyzed and Impacts to those utilities will be coordinated with the proposed design elements. 7.8 Airfield Lighting and Signage — FAA AC 15015340 -18, Standards for Airport Sign Systems, current edition, and FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to finalize improvements /upgrades to the existing airfield lighting and signage system. 7.9 Electrical Vault and Generator Plan — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop upgrades to the existing airfield electrical vault. A new generator will also be included in the design development. 7.10 Visual Aids Design — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to finalize improvements /upgrades to the existing airfield visual aids. 7.11 Marking Plans — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to finalize the marking layout for the proposed development. 7.12 Drainage Details — Florida Department of Transportation (FDOT) Design Standards, current edition, will be utilized to finalize construction details for the drainage improvements. 7.13 Lighting Details — FAA AC 15015340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to finalize construction details for the airfield lighting and signage improvements. 7.14 Marking Details — FAA AC 15015340 -1, Standards for Airport Markings, current edition, will be utilized to finalize the marking details for the proposed marking layout. 7.15 Miscellaneous Details — Additional details not described in Tasks 7.12 thru 7.14 will be incorporated into the Design Development drawings. 7.16 Cross Sections — The geometric and drainage design in Tasks 7.4 and 7.6 will be modeled and cross sections finalized. 7.17 Project Specifications — FAA AC 150- 5370 -10, Standards for Specifying Construction of Airports, current edition, will be utilized to finalize the required specifications. Federal requirements for construction projects will also be incorporated. 7.18 Drainage Permit Requirements Incorporated — Issued permits will be reviewed and Permit General Conditions included in Design Development drawings. 7.19 Cost Estimates — The 100% Design Development drawings will be utilized to develop final cost estimates. 7.20 Engineer's Report — In accordance with FAA requirements, an Engineer's Report will be finalized describing the project design, phasing, and estimated cost. Requests for all Modifications to Standards will be included in the Engineer's Report, 7.21 Plan Review Meeting -- A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 100% Design Development drawings. 7.22 NOT USED. 7.23 Project Management — General project management associated with Tasks 7.1 thru 7.22. 7.24 Quality Control /Coordination Review — Quality Control /Coordination Review associated with Tasks 7.1 thru 7.22. TASK 8 — Bid Phase During this task the CONSULTANT will administer and manage all aspects of the bid process. This task will include the following items: 28 V63 8.1 Respond to 100% Comments /Bid Documents — Respond to and incorporate the 100% comments received. Develop Bid Documents to be distributed to potential bidders by the CLIENT. 8.2 Advertise & Pre -Bid Assistance — Assist County Purchasing with public notice to bidders and bid documents. 8.3 Pre -Bid Conference — Conduct pre -bid conference to discuss the project elements with potential bidders. 8.4 Addendum Preparation and Response to RFIs — Respond to bidder requests for information (RFI) and assist County Purchasing with project addenda. 8.5 Recommendation for Award /Bid Tabulation — Tabulate the bid results and recommend project award. 8.6 Client Meeting — One meeting to discuss the bid results and award recommendation. TASK 9 — Construction Grant Development During this task the CONSULTANT will assist the Authority with the construction grant development process. This task will include the following items: 9.1 Grant Application Assistance (Construction) — Assisting the CLIENT with development the Grant Application for FAA Airport Improvement Program funds for the design portion of the PROJECT. 9.2 Client Meeting/Coordination for Construction Contract — Meet with and assist the CLIENT with development of the construction contract. TASK 10 — Information Management System During this task the CONSULTANT will administer and manage all aspects of the information management system. This task will include the following items: 10.1 Document Sharing Portal Management — Provide and maintain an automated internet based document management system utilizing Microsoft SharePoint. This system will be utilized to record plan changes, make available draft and final plans and specifications, document progress reports, make available meeting minutes, etc. The CLIENT will have password controlled access to the system to view, download and upload information related to the PROJECT. This project automation will assist the CONSULTANT and the CLIENT to more efficiently and effectively manage the documentation and the sharing of information related to this project. TASK 11 - Protect Administration 11.1 DELIVERABLES • Ten (10) sets (11"x`17") of the 30% development documents, including the plans. • Ten (10) sets (11 "x17 ") of the 60% development documents, including the technical specifications, plans and engineer's report. • Ten (10) sets (11 "x17 ") of the 100% development documents, including the technical specifications, plans and engineer's report. • Ten (10) signed and sealed bid sets (22 "x34 ") and one (1) CD of the bid documents including technical specifications, plans and engineer's report. • The CLIENT will have Internet access to document management system to obtain and print documents including all submittals. ASSUMPTION • County Purchasing to prepare up -front construction documents for bidding and contract award. • County to pay for all permit application fees. • Inclusion of run -up pad is based on no wetland impact and need for U.S. Army Corps of Engineers permit for this project. 29 y4/ SCHEDULE B BASIS OF COMPENSATION LUMP SUM 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. 61.1.1 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 the lump sum 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 all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. BASK LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE I. Project Development $ 30,220.00 Monthly Upon Percent Complete of Task '.. Data Collection $ 68,723.00 Monthly Upon Percent Complete of Task 3. Planning/Environmental $ 39,890.00 Monthly Upon Percent Complete of Task 1. Alternative Development $ 33,050.00 Monthly Upon Percent ►. Design (30 %) $ 94,038.00 Complete of Task Monthly Upon Percent Complete of Task i. Design (60 %) $152,644.00 Monthly Upon Percent Com lete of Task '. Design (100 %) $161,092.00 Monthly Upon Percent Complete of Task I. Bid Phase $ 22,036.00 Monthly Upon Percent Complete of Task 1. Construction Grant Development $ 6,240.00 Monthly Upon Percent Complete of Task 10. Information Management System $ 13,560.00 Monthly Upon Percent Complete of Task 11. Project Administration $ 38,507.00 Monthly Upon Percent Complete of Task 30 1/,!r TOTAL FEE Total Task Items 1 -11 $660,000.00 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of six hundred sixty thousand Dollars ($660,000.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER 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 OWNER'S prior written approval. B.2.4. 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.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by 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 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. 6.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. 31 4/& 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 Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 8.3.4.1 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: 8.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 8.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by 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.3.4.1.3. 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 OWNER. 8.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. 32 1 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 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 on a project by project basis as needed. 33 4 4 "Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project" Schedule C PROJECT MILESTONE SCHEDULE The schedule for the design development is anticipated to be three hundred (300) calendar days from issuance of Notice to Proceed. • Submit Project Justification /Altemative Analysis (PJAA) report consistent with Tasks 3 and 4 sixty (60) calendar days from issuance of Notice To Proceed. • Submit 30% design plans, technical specification outline and cost estimate sixty (60) calendar days from receipt of comments on PJAA report. • Submit 60% design plans, project specifications, cost estimate and draft engineer's report sixty (60) calendar days from receipt of comments on 30% submittal. • Submit 100% final construction plans, specifications suitable forbidding plus engineer's report and cost estimate ninety (90) calendar days from receipt of comments on 60% submittal and comments from FDEP and County Development on permit application submittals. • Schedule for services during bidding is based on thirty (30) calendar day bid period. 34 1 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self - insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (2 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in 35 570 the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the 36 S/ CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee —X_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable 37 5� (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ,X Yes No (1) Commercial General Liability Insurance, written on an 'occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 —X—General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 s%3 38 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No 39 .5'1 (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than. Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate 40 :5 �� $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY 41 S& (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project - specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self - insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D 42 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hole Montes, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17-35 Rehabilitation Project are accurate, complete and current as of the time of contracting. Hole Montes, Inc. BY: Robert L. Murray, P.E. TITLE: Sr. Vice President/Principal DATE: October 11, 2012 43 549 SCHEDULE KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS 44 C? November 13, 2012 Agenda Item 14A2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, approve and authorize the Chairman to execute attached Contract #12 -5885 "Design and Related Services for the Immokalee Regional Airport Runway 9 -27 Rehabilitation Project" in the amount of $761,000 with Hole Montes, Inc. OBJECTIVE: To prepare plans and specifications and bid documents, permit and bid the restoration of Runway 9 -27 at the Immokalee Regional Airport (IMM). CONSIDERATIONS: On September 25, 2012 the Board of County Commissioners approved the Selection Committee firm ranking for RFP #12 -5885 and directed staff to bring a negotiated contract to the Board for approval, Agenda Item 14A1. The scope of this project is to provide design services for the rehabilitation of Runway 9 -27 at IMM. These design services will include the evaluation of alternatives for any improvements necessary for completion of the project including but not limited to an analysis of the pavement rehabilitation options and the taxiway system. The project will also include an upgrade to the airfield lighting system. The airfield electrical vault will be replaced and a new standby emergency generator will be installed, to include new lighting and signage for Runway 9 -27 and Taxiway B as well as REILs and PAPIs for Runway 9 -27. The area within the runway visibility zone and runway object free area will be graded to improve drainage and facilitate maintenance. Airport perimeter security fence will be modified to accommodate adjustment of the runway. The project will also include an update of the Airport Layout Drawing (ALD) to depict the proposed decoupling of the runways. The ALD update will include development of environmental documentation for a Documented Categorical Exclusion. Through the award of this contract and scope of services, the Consultant is assumed to be an expert in the field of airport airfield rehabilitation with the experience of numerous Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) funded projects of similar nature and, as such, is solely responsible for designing a safe and efficient project in compliance with all regulations and requirements. The Consultant shall provide all project management, design and design related services necessary to initiate construction of all elements for improvements associated with the IMM Runway 9 -27 Rehabilitation project. FISCAL IMPACT: The sources of funding are a Federal Aviation Administration Airport (FAA) Improvement Program grant, a Florida Department of Transportation grant, and local match money (General Fund) within the Airport Grant Match Fund 498, Project 33227. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ro,99 November 13, 2012 Agenda Item 14A2 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: To approve and authorize the Chairman to execute attached Contract #12 -5885 in the amount of $761,000 with Hole Montes, Inc., for design and related services for the Immokalee Regional Airport Runway 9 -27 rehabilitation project. PREPARED BY: Chris Curry, Executive Director CCU / Contract #12 -5885 "Design and Related Services for the lmmokalee Regional Airport (IMM) Runway 9 -27 Rehabilitation Project" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of . 20 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is 950 Encore Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Design and Related Services of the CONSULTANT concerning the lmmokalee Regional Airport (IMM) Runway 9- 27 Rehabilitation Project (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project, NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: �a ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design and Related Services for the Immokalee Regional Airport (IMM) Runway 9 -27 Rehabilitation Project in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Robert L. Murray, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating 2 (:;PS to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 3 6 y 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have 4 6P c common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 5 6& 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 6 6 7Z' 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANTS services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; 7 6 (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after 8 6^9 commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be 9 ;7-v deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 10 ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ii :� C� 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates performed on number. of Insurance must read: For any and all work behalf of Collier County, or reference this contract 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 73 12 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. ::�y 13 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. �-�' 14 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an 15 extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for 16 CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E. certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by 17 Z�-? United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL. 34112 Attention: Joanne Markiewicz, Interim Purchasing /General Services Director Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Hole Mantes, Inc. 950 Encore Way Naples, FL 34110 Telephone: 239 -985 -1200; Fax: 239 -985 -1259 Attn: Robert L. Murray 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 18 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE 19 Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 12 -5885 Terms and conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: F� PTI "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 21 009 ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Remainder of page intentionally left blank. 22 o93 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design and Related Services for Immokalse Regional Airport (IMM) Runway 9 -27 Rehabilitation Project the day and year first written above. ATTEST: Dwight E. Brock, Clerk M Date: Approved as to form and legal sufficiency: Scott R. Teach Deputy County Attorney '�` wo s _ rrmba it Typed/Printed Name Whhess Kristin G. Cannestra Typed/Printed Name BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY. FLORIDA. By: Fred W. Coyle, Chairman Hole Montes. irtc. / -Z By., Robert L. Murray, P.E., Sr. V.P. /Principal Typed/Printed Name and Title �y Contract #12 -5885 "Design and Related Services for the Immokalee Regional Airport (IMM) Runway 9- 27Rehabilitation Project" Schedule A SCOPE OF SERVICES This covers services through the design and bid phases and includes permitting with Florida Department of Environmental Protection (FDEP) and County Development. Services during construction phase will be covered under a separate work order. PROJECT DESCRIPTION The intent of the project is to rehabilitate Runway 9 -27 along with other associated improvements at the Immokalee Regional Airport. The rehabilitation of the runway will start 450 feet east of the threshold of Runway 9 and includes an extension of 450 feet east of Runway 27. The rehabilitation will also include the extension of Taxiway B with new run -up pad to coincide with the 450 feet of runway extension and the rehabilitation of Taxiway B -1 as depicted in attached exhibit. The method of rehabilitation will be determined through evaluation of alternative based on results of geotechnical exploration, field surveys, pavement condition and cost effectiveness of alternatives. The alternatives evaluation will incorporate FAA's limitation of 75 feet in runway width and the Authority's desire to rehabilitate 100 feet in width. The associated improvements will include the following: • Filling and grading of runway safety / object free areas and runway visibility zone to improve drainage. • Replacement of runway edge lights including addition of REILs and PAPIs for both approaches to the runway. • New taxiway edge lighting and signage for Taxiway B and B -1. • Replace airfield electrical vault and provide new emergency power generator. • Replace wind cone and segmented circle. • Adjust airport perimeter security fencing. The project will also include development of planning level alternatives for the decoupling of the runways and to update the Airport's Layout Drawing (ALD) to reflect the approved alternative. A documented categorical exclusion report will be prepared and submitted along with revised ALD to the Authority and FAA. Ob ective The objective shall be timely delivery and successful completion by the CONSULTANT of all project management, design and design related services necessary to initiate construction of all elements for improvements associated with the Immokalee Regional Airport (IMM) Runway 9 -27 Rehabilitation project (PROJECT). The overriding objective of the CONSULTANT is to keep this project on schedule, under budget and fully coordinated with all parties. Scope The scope of this project is to provide design services for the rehabilitation of Runway 9 -27 at IMM. These design services also include the evaluation of alternatives for any improvements necessary for completion of the project including but not limited to an analysis of the pavement rehabilitation options and the taxiway system. Services will also entail upgrade to the airfield lighting system. The airfield electrical vault will be replaced and a new standby emergency generator will be installed, to include new lighting and signage for Runway 9 -27 and Taxiway B as well as REILs and PAPIs for Runway 9 -27. The area within the runway visibility zone and runway object free area will be graded to improve drainage and facilitate maintenance. Airport perimeter security fence will be modified to accommodate adjustment of the runway. The project will also include an update of the Airport Layout Drawing (ALD) to depict the proposed decoupling of the runways. The ALD update will include development of environmental documentation for a Documented Categorical Exclusion (CatEx). Through the award of this contract 24 el- and scope of services, the CONSULTANT is assumed to be an expert in the field of airport airfield rehabilitation with the experience of numerous Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) funded projects of similar nature and, as such, is solely responsible for designing a safe and efficient project in compliance with all regulations and requirements. TASK 1 — Prolect Development During this task the CONSULTANT will administer and manage all aspects of the project development process. This task will include the following items: 1.1 General Consulting/Project Management — General project consulting for the pre - design effort. 1.2 Subconsultant Administration — Sub - consultant negotiations, scope development and contract administration. 1.3 Client Meetings — Project development meeting to determine general project alternatives to be analyzed during Task 3. 1.4 Grant Application Assistance (Design) — Assisting the CLIENT with development the Grant Application for FAA Airport Improvement Program funds for the design portion of the PROJECT. 1.5 Prepare environmental checklist for the runway rehabilitation grant application. 1.6 FAA/FDOT /Client Pre - Design Charette TASK 2 — Data Collection During this task the CONSULTANT will administer and manage all aspects of the data collection process. This task will include the following items: 2.1 Site Investigation — One site visit to review the project site include the civil and airfield electrical elements. 2.2 Ground Penetrating Radar (GPR) Investigation and Analysis — GPR investigation and analysis to locate potential subsurface anomolies and determine the existing pavement structure. 2.3 Geotechnical Program — After analysis of the GPR data, geotechnical exploration, including borings, on -site LBR and laboratory testing will be performed to further analyze the existing pavement structures and adjacent site conditions. 2.4 Pavement Inspection and Crack Mapping — One site visit to inspect the existing pavement surface and perform mapping of the existing surface cracking. 2.5 Site Topographical Survey — Topographical and cross - sectional survey to locate the existing pavement, airfield lighting, underground utilities, and drainage system. The survey will also result in existing 0.5 foot contours. 2.6 NOT USED. 2.7 Project Management — General project management associated with Tasks 2.1 thru 2.6. 2.8 Quality Control — Quality control associated with Tasks 2.1 thru 2.6. 2.9 Client Meeting — One client meeting to review the results of the data collection. TASK 3 — Plannina/Environmental During this task the CONSULTANT will administer and manage all aspects of the planning and environmental process. This task will include the following items: 3.1 Development of alternatives for decoupling of the runways. 3.2 ALD Update. 3.3 Categorical Exclusion documentation. 3.4 Review of Existing Permits — Review will include the existing permits issued by South Florida Water Management District (SFWMD), US Army Corps of Engineers (USACOE), and Collier County, including mitigation program. 3.5 Project Management — General project management associated with Tasks 3.1 thru 3.4. 3.6 Quality Control -- Quality control associated with Tasks 3.1 thru 3.4 TASK 4 — Alternative Development During this task the CONSULTANT will administer and manage all aspects of the alternative development process. This task will include the following items: 25 0 W 4.1 Concept Layouts & Cost Estimates - The alternative chosen in Task 1.6 will be further developed into concept layouts for CLIENT approval. Cost estimates will be developed for these concepts. 4.2 Cost/Benefit Analysis - A cost/benefit analysis will be performed for the concept layouts in Task 4.1. 4.3 Project Justification/Alternative Analysis Report 4.4 Construction Phasing and Safety Plans Outline /Draft - Phasing and Safety Plans will be generally outlined for CLIENT approval/input. 4.5 Technical Workshop /Preferred Concept Approval - A client meeting will be conducted to discuss the results of Task 4.1 thru 4.3. The preferred concept will be chosen for complete design development. 4.6 Project Management - General project management associated with Tasks 4.1 thru 4.5. 4.7 Quality Control - Quality control associated with Tasks 4.1 thru 4.5. TASK 5 - Design (30%.) During this task the CONSULTANT will administer and manage all aspects of the 30% design development process. This task will include the following items: 5.1 Cover/Notes /Contract Layout Plan - The development of general plan sheets to include, but not limited to, the Cover Sheet, General Notes and the Contract Layout Plan. 5.2 Construction Phasing and Safety Plans - The development of the phasing and safety plans in accordance with FAA Advisory Circular (AC) 15015370 -2, Operational Safety on Airports During Construction, current edition. The phasing plans will take into account airport operational needs, impact to the airport users and constructability. 5.3 Demolition Plan - Using the data collected in Task 2, demolition of existing site elements will identified. 5.4 Geometric Design - FAA Advisory Circular (AC) 150/5300 -13, Airport Design, current edition, will be utilized in establishing proposed horizontal and vertical geometric layouts. 5.5 Pavement Design/Typical Sections - FAA AC 150- 5320 -6, Airport Pavement Design and Evaluation, current edition, will be utilized in designing the proposed pavement rehabilitation and identifying the typical sections. 5.6 Grading and Drainage Design - FAA AC 150/5320 -5, Surface Drainage Design, current edition, and SFWMD regulations will be utilized in analyzing the existing drainage patterns and designing proposed drainage elements. Grading will be designed in accordance with AC 15015300 -13, Airport Design, current edition. 5.7 Utility Design - Existing utilities identified in the data collection process of Task 2 will be analyzed and impacts to those utilities will be coordinated with the proposed design elements. The proposed power source for the electrical vault in Task 5.9 will be identified. 5.8 Airfield Lighting and Signage - FAA AC 15015340 -18, Standards for Airport Sign Systems, current edition, and FAA AC 15015340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop improvements /upgrades to the existing airfield lighting and signage system. 5.9 Electrical Vault and Generator Plan - FAA AC 15015340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop upgrades to, or relocation of, the existing airfield electrical vault. A new generator will also be included in the design development. 5.10 Visual Aids Design - FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop improvements /upgrades to the existing airfield visual aids to include new PAPIs and REILs for Runway 9 -27, 5.11 Marking Plans - FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to develop marking layout for the proposed development. 5.12 Lighting Details - FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop construction details for the airfield lighting, signage and visual aid improvements. 5.13 Marking Details - FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to develop marking details for the proposed marking layout. 5.14 Technical Specification Outline - FAA AC 150- 5370 -10, Standards for Specifying Construction of Airports, current edition, will be utilized to outline the required technical specifications. 515 Permitting Pre - application Meeting - In accordance with the SFWMD requirements, a pre - application meeting will be conducted to discuss the drainage impacts and design approach. A meeting will also be conducted with Collier County Development to discuss the need for local approvals. 5.16 Cost Estimates - The 30% Design Development drawings will be utilized to develop conceptual cost estimates for budgeting purposes. 5.17 Plan Review Meeting - A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 30% Design Development drawings. 5.18 Project Management - General project management associated with Tasks 5.1 thru 5.17. 26 051 " 5.19 Quality Control/Coordination Review — Quality Control /Coordination Review associated with Tasks 5.1 thru 5.17. TASK 6 — Desion (60 %) During this task the CONSULTANT will administer and manage all aspects of the 60% design development process and respond to all 30% comments received. This task will include the following items: 6.1 Cover /Summary of Quantities /Notes/Contract Layout Plan — The continued development of general plan sheets to include, but not limited to, the Cover Sheet, Summary of Quantities, General Notes and the Contract Layout Plan. 6.2 Construction Phasing and Safety Plans — The continued development of the phasing and safety plans in accordance with FAA AC 150/5370 -2, Operational Safety on Airports During Construction, current edition. The phasing plans will take into account airport operational needs, impact to the airport users and constructability. 6.3 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will continue to be identified. 6.4 Geometric Design — FAA AC 15015300 -13, Airport Design, current edition, will continue to be utilized in establishing proposed horizontal and vertical geometric layouts. 6.5 Pavement Design/Typical Sections — FAA AC 150- 5320 -6, Airport Pavement Design and Evaluation, current edition, will continue to be utilized in designing the proposed pavement rehabilitation and identifying the typical sections. 6.6 Grading and Drainage Design — FAA AC 15015320 -5, Surface Drainage Design, current edition, and SFWMD regulations will continue to be utilized in analyzing the existing drainage patterns and designing proposed grading and drainage elements. 6.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will continue to be analyzed and impacts to those utilities will be coordinated with the proposed design elements. 6.8 Airfield Lighting and Signage — FAA AC 150/5340 -18, Standards for Airport Sign Systems, current edition, and FAA AC 15015340 -30, Design and Installation Details for Airport Visual Aids, current edition, will continue to be utilized to develop improvements /upgrades to the existing airfield lighting and signage system. 6.9 Electrical Vault and Generator Plan — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will continue to be utilized to develop upgrades to, or relocation of, the existing airfield electrical vault. A new generator will also be included in the design development. 6.10 Visual Aids Design — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will continue to be utilized to develop improvements/upgrades to the existing airfield visual aids. 6.11 Marking Plans — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will continue to be utilized to develop marking layout for the proposed development. 6.12 Drainage Details — Florida Department of Transportation (FDOT) Design Standards, current edition, will continue to be utilized to develop construction details for the drainage improvements. 6.13 Lighting Details — FAA AC 15015340 -30, Design and Installation Details for Airport Visual Aids, current edition, will continue to be utilized to develop construction details for the airfield lighting, signage and visual aid improvements. 6.14 Marking Details — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will continue to be utilized to develop marking details for the proposed marking layout. 6.15 Miscellaneous Details — Additional details not described in Tasks 6.12 thru 6.14 will be incorporated into the Design Development drawings. 6.16 Cross Sections —The geometric and drainage design in Tasks 6.4 and 6.6 will continue to be modeled and cross sections developed. 6.17 Project Specifications— FAA AC 150 - 5370 -10, Standards for Specifying Construction of Airports, current edition, will be utilized to develop the required technical specifications. Federal requirements for construction projects will also be incorporated. 6.18 Drainage Modeling and Permit Submittal — In accordance with the SFWMD requirements, drainage modeling will be conducted to analyze the drainage design. A Collier County Site Development Submittal Will also be made to address drainage improvements. 6.19 Cost Estimates — The 60% Design Development drawings will be utilized to develop cost estimates for budgeting purposes. 6.20 Engineer's Report — In accordance with FAA requirements, an Engineer's Report will be developed describing the project design, phasing, and estimated cost. Requests for all Modifications to Standards will be included in the Engineer's Report. 27 �� 6.21 Plan Review Meeting - A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 60% Design Development drawings. 6.22 Project Management - General project management associated with Tasks 6.1 thru 6.21. 6.23 Quality Control/Coordination Review - Quality Control /Coordination Review associated with Tasks 6.1 thru 6.21. TASK 7 - Deslan (100%) During this task the CONSULTANT will administer and manage all aspects of the 100% design development process and respond to all 60% comments received. This task will include the following items: 7.1 Cover /Summary of Quantities/Notes /Contract Layout Plan - The final development of general plan sheets to include, but not limited to, the Cover Sheet, Summary of Quantities, General Notes and the Contract Layout Plan. 7.2 Construction Phasing and Safety Plans - The final development of the phasing and safety plans in accordance with FAA AC 150/5370 -2, Operational Safety on Airports During Construction, current edition. The phasing plans will take into account airport operational needs, impact to the airport users and constructability. 7.3 Demolition Plan - Using the data collected in Task 2, demolition of existing site elements will finalized. 7.4 Geometric Design - FAA AC 150/5300 -13, Airport Design, current edition, will be utilized in finalizing the proposed horizontal and vertical geometric layouts. 7.5 Pavement Design/Typical Sections - FAA AC 150 - 5320 -6, Airport Pavement Design and Evaluation, current edition, will be utilized in finalizing the pavement rehabilitation and typical sections. 7.6 Grading and Drainage Design - FAA AC 150/5320 -5, Surface Drainage Design, current edition, and Florida Department of Environmental Protection (FDEP) regulations will be utilized in analyzing the existing drainage patterns and finalizing the drainage elements. 7.7 Utility Design - Existing utilities identified in the data collection process of Task 2 will be analyzed and impacts to those utilities will be coordinated with the proposed design elements. 7.8 Airfield Lighting and Signage - FAA AC 150/5340 -18, Standards for Airport Sign Systems, current edition, and FAA AC 150/5340 -30, Design and installation Details for Airport Visual Aids, current edition, will be utilized to finalize improvements /upgrades to the existing airfield lighting and signage system. 7.9 Electrical Vault and Generator Plan - FAA AC 15015340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop upgrades to, or relocation of, the existing airfield electrical vault. A new generator will also be included in the design development. 7.10 Visual Aids Design - FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to finalize improvements/upgrades to the existing airfield visual aids. 7.11 Marking Plans - FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to finalize the marking layout for the proposed development. 7.12 Drainage Details - Florida Department of Transportation (FDOT) Design Standards, current edition, will be utilized to finalize construction details for the drainage improvements. 7.13 Lighting Details - FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to finalize construction details for the airfield lighting, signage and visual aid improvements. 7.14 Marking Details - FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to finalize the marking details for the proposed marking layout. 7.15 Miscellaneous Details - Additional details not described in Tasks 7.12 thru 7.14 will be incorporated into the Design Development drawings. 7.16 Cross Sections - The geometric and drainage design in Tasks 7.4 and 7.6 will be modeled and cross sections finalized. 7.17 Project Specifications - FAA AC 150- 5370 -10, Standards for Specifying Construction of Airports, current edition, will be utilized to finalize the required technical specifications. Federal requirements for construction projects will also be incorporated. 7.18 Drainage Permit Requirements Incorporated - Issued permits will be reviewed and Permit General Conditions included in Design Development drawings. 7.19 Cost Estimates - The 100% Design Development drawings will be utilized to develop final cost estimates. 7.20 Engineer's Report - In accordance with FAA requirements, an Engineer's Report will be finalized describing the project design, phasing, and estimated cost. 7.21 Plan Review Meeting - A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 100% Design Development drawings. 7.22 NOT USED. 7.23 Project Management - General project management associated with Tasks 7.1 thru 7.22. 89 28 7.24 Quality Control/Coordination Review — Quality Control /Coordination Review associated with Tasks 7.1 thru 7.22. TASK 8 — Bid Phase During this task the CONSULTANT will administer and manage all aspects of the bid process. This task will include the following items: 8.1 Respond to 100% Comments /Bid Documents — Respond to and incorporate the 100% comments received. Develop Bid Documents to be sold to potential bidders by the CLIENT. 8.2 Advertise & Pre -Bid Assistance — Develop public notice to bidders and bid documents. 8.3 Pre -Bid Conference — Conduct pre -bid conference to discuss the project elements with potential bidders. 8.4 Addendum Preparation and Response to RFIs — Respond to bidder requests for information (RFI) and prepare project addenda. 8.5 Recommendation for Award/Bid Tabulation — Tabulate the bid results and recommend project award. 8.6 Client Meeting — One meeting to discuss the bid results and award recommendation. TASK 9 — Construction Grant Development During this task the CONSULTANT will administer and manage all aspects of the construction grant development process. This task will include the following items: 9.1 Grant Application Assistance (Construction) — Assisting the CLIENT with development the Grant Application for FAA Airport Improvement Program funds for the design portion of the PROJECT. 9.2 Client Meeting/Coordination for Construction Contract — Meet with and assist the CLIENT with development of the construction contract. TASK 10 Information Management Svstem During this task the CONSULTANT will administer and manage all aspects of the information management system. This task will include the following items: 10.1 Document Sharing Portal Management — Provide and maintain an automated internet based document management system utilizing Microsoft SharePoint. This system will be utilized to record plan changes, make available draft and final plans and specifications, document progress reports, make available meeting minutes, etc. The CLIENT will have password controlled access to the system to view, download and upload information related to the PROJECT. This project automation will assist the CONSULTANT and the CLIENT to more efficiently and effectively manage the documentation and the sharing of information related to this project.. DELIVERABLES • Ten (10) sets (11 "x17 ") of the 30% development documents, including the plans. • Ten (10) sets (11 "x17 ") of the 60% development documents, including the technical specifications, plans and engineer's report. • Ten (10) sets (11 "x17 ") of the 100% development documents, including the technical specifications, plans and engineer's report. • Ten (10) signed and sealed bid sets (22 "x34 ") and one (1) CD of the bid documents including technical specifications, plans and engineer's report. • The County will have Internet access to document management system to obtain and print documents including all submittals. ASSUMPTION • County Purchasing to prepare up -front construction documents for bidding and contract award. • County to pay for all permit application fees. 29 90 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 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.Thomas Vergo, 165 Airpark Drive, Immokalee, FL 34142 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum 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 all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. TASK LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1. Project Development $ 42,913.00 Monthly Upon Percent Complete of Task 2. Data Collection $ 80,170.00 Monthly Upon Percent Complete of Task 3. Planning /Environmental $ 75,851.00 Monthly Upon Percent Complete of Task 4. Alternative Development $ 53,143.00 Monthly Upon Percent Complete of Task 5. Design (30 %) $ 114,965.00 Monthly Upon Percent Complete of Task 6. Design (60 %) $191,489.00 Monthly Upon Percent Complete of Task 7. Design (100 %) $158,450.00 Monthly Upon Percent Complete of Task B. Bid Phase $ 23,686.00 Monthly Upon Percent Complete of Task 9. Construction Grant Development $ 6,573.00 Monthly Upon Percent Complete of Task 10. Information Management System $ 13,760.00 Monthly Upon Percent Complete of Task TOTAL FEE Total Task Items 1-10 $761,000.00 30 91 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of seven hundred sixty one thousand Dollars ($761,000.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER 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 OWNER'S prior written approval. B.2.4. 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.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by 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 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. 8.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. 31 9 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 Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 8.3.4.1 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: 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. 8.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by 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.3.4.1.3. Permit Fees required by the Project. 8.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 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 OWNER. 32 93 ATTACHMENT 1 TO SCHEDULE B Personnel Cat000ry Hourly Rate Principal $195 Senior Project Manager $165 Project Manager $148 Senior Engineer $155 Engineer $119 Senior Inspector $85 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 on a project by project basis as needed. 33 77 12 -5885 "Design and Related Services for Immokalee Regional Airport (IMM) Runway 9 -27 Rehabilitation Project" Schedule C PROJECT MILESTONE SCHEDULE The schedule for the design development is anticipated to be three hundred (300) calendar days from issuance of Notice to Proceed. • Submit Project Justification /Alternative Analysis (PJAA) report consistent with Tasks 3 and 4 sixty (60) calendar days from issuance of Notice To Proceed. • Submit 30% design plans, technical specification outline and cost estimate sixty (60) calendar days from receipt of comments on PJAA report. • Submit 60% design plans, project specifications, cost estimate and draft engineer's report sixty (60) calendar days from receipt of comments on 30% submittal. • Submit 900% final construction plans, specifications suitable forbidding plus engineer's report and cost estimate ninety (90) calendar days from receipt of comments on 60% submittal and comments from FDEP and County Development on permit application submittals. • Schedule for services during bidding is based on thirty (30) calendar day bid period. 34 95 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self - insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (2 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT 35 �� shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsuitant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (34) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of 36 9 -/- Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable 37 700 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X Yes No (1) Commercial General Liability Insurance, written on an `occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal.and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 —X —General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 38 / / (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modes insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self - insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER, Collier County Govemment, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carved by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable _X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X Yes No 39 /0 (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 _X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X_ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate 40 /© / $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and 41 /� OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project - specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D 42 103 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hole Montes, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Design and Related Services for Immokalee Regional Airport (IMM) Runway 8 -27 Rehabilitation Project are accurate, complete and current as of the time of contracting. Hole Monte*, Inc. BY: !1442E Z4� Robert L. Murray, P.E. TITLE: Sr. Vice President/Princioal DATE: October 11, 2012 43 /oy SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS KEY PERSONNEL Luc Carriere Steve Henriquez Kelli Leonard Rick Brylanski Walt Gilcher Byron Taylor Mike Thompson Dennis Comb Tom Murphy Garret Kerly David Schmidgall Shane Johnson IMM % TIME POSITION COMPANY ALLOCATION Sr. Project Manager Principal Sr. Engineer Sr. Project Manager Sr. Engineer Engineer Sr. Planner Sr. Engineer Surveyor Mapper Sr. Engineer Engineer Environmental 44 HM URS URS HM HM HM URS URS HM URS URS Passarella 40 2.5 40 10 2 20 5 10 1 25 25 20 J0 5 November 13, 2012 Agenda Item 16G1 EXECUTIVE SUMMARY Recommendation to establish the commencement date of the attached Collier Lease Agreement between the Collier County Airport Authority and Salazar Machine & Steel, Inc., as of December 1, 2012, and to provide the Airport Authority Executive Director the authority to waive the collection of rent until the final completion date of the ongoing improvements to the leased premises. QBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority (Authority), establishes the commencement date for the attached standard form lease agreement between the Authority and Salazar Machine & Steel, Inc. (Lessee) for a parcel of land improved with a 20,000 square -foot manufacturing building at the Immokalee Regional Airport effective as of December 1, 2012, and provides the Airport Authority Executive Director the authority to waive the collection of rent until the final completion date of the ongoing improvements to the leased premises. CONSIDERATIONS: On October 20, 2011, the USDA approved the use of the remaining project funds to build out the interior of the referenced 20,000 square -foot manufacturing building by adding items not included in the initial construction contract. However, the Airport Authority did not want to commit required matching funds for the interior build out without having a commitment from the Lessee for this facility. On December 13, 2011, Agenda Item 13A2, the Board of County Commissioners approved a Lease Agreement between the Collier County Airport Authority and Salazar Machine & Steel, Inc., for this facility. The commencement date of the Lease Agreement was undetermined at that time because the building consisted of only an exterior shell, construction of the interior build out had not yet started, and it was not yet known when the Lessee would be able to take occupancy of the building. The anticipated completion date of the facility is December 1, 2012. It is in the best interest of the Public and the Airport Authority to have the Lessee occupy the facility as soon as possible and begin paying rent to the Authority. In order to allow for the Lessee to take immediate occupancy as soon as the facility is completed, a fully executed Lease Agreement needs to exist. While the anticipated completion date is December 1, 2012, the contract requires that the contractor complete the build out of the interior by January 7, 2013. Although it appears as though the build out should be completed on or before the requested December 1, 2012 commencement date of the lease agreement, if unforeseen delays prevent the building from being completed by that date, the Executive Director requests the authorization to waive the collection of rent under the Lease Agreement until the final completion date of the improvements to the leased premises. FISCAL IMPACT: The sooner the Lessee occupies the building, the sooner the Airport Authority will begin receiving rental income, which will be used for the maintenance of this facility that the Airport Authority is responsible to perform. Rent revenue which exceeds the cost of maintenance, will be returned to the Immokalee Development Fund 497 to replace the $1,000,000 used for the construction of the building. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Aa6 November 13, 2012 Agenda Item 16G1 ADVISORY BOARD RECOMMENDATION: This item is on the November 5, 2012 Airport Advisory Board Agenda. It is anticipated that the Advisory Board will vote to recommend that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, establish a commencement date for the Lease Agreement of December 1, 2012, and provide the Executive Director the authority to waive the collection of rent until the final completion date of the ongoing improvements to the leased premises. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval- --SRT. RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, establishes the commencement date of the attached lease agreement between the Airport Authority and Salazar Machine & Steel, Inc. to be effective as of December 1, 2012, and provides the Airport Authority Executive Director the authority to waive the collection of rent under the Lease Agreement until the final completion date of the improvements to the leased premises. PREPARED BY: Chris Curry, Airport Authority Executive Director /o --�- BrueggemanDebra From: VergoThomas Sent: Tuesday, October 30, 2012 12:58 PM To: BrueggemanDebra Subject: FW: Turbo Services Lease Turbo Service's CO Date is July 31, 2012 Thomas From: Michael Parker [mpilto:s—Kondwindaircraft0y@hoo.com Sent: Tuesday, September 04, 2012 9:34 AM To: CurryChris; VergoThomas; Tom Stout Subject: Turbo Services Lease 09/04/2012 Mr. Curry & Mr. V ergo, Turbo Services is operational at the Immokalee Regional Airport and we thank you for all your help. We have reviewed our capital expenditures at the airport and are making additional investments for the growth of the new Immokalee facility. Upon review of the Airport Leasing Policy for the Immokalee Regional Airport Planned Unit Development there is a clause: "Terms of Lease" that states the following... Agreements will be sufficient to permit capital investment. At no time shall agreements where the facilities are then owned by the Authority, exceed a term of five (S) years. Where new construction is proposed by a sub- tenant (Turbo Services), additional years may be permitted but in no case shall the term ever exceed twenty -nine (29) years because the lease between Collier County and the Airport Authority does not exceed thirty (30) years. Turbo Services respectfully asks the Airport Authority, Executive Director and Board of County Commissioners to permit revenue generation consistent with market forces. Turbo Services has made a significant capital investment within the airport's P.U.D. and the company has become a revenue source for Collier County and the local businesses that played their respective parts in our development and ongoing operations. Tom Stout and I will be at the Immokalee Site tomorrow, Wednesday, to test an engine. Will you meet us to discuss lease modifications? We seek a new lease start date consistent with date of certificate of occupancy (July 31, 2012) to allow Turbo Services additional time to reach its beak even and recoup Mr. Stout's capital investment. We have fulfilled all other requirements imposed by the County and we ask for your help to complete the lease modifications. Thank you, Michael Parker Turbo Services 954 -805 -9613 secondwindaircraft@yahoo.com Under Rorida Law, e-mail addresses are public records If you du not want your e-mail address released in response to a public records request, do not send eiec'ronic mail to ties entity. instead, contact this office by telephoner or in writing.