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Backup Documents 11/13/2012 Item #14A 1
14A- JA-, ORIGIl4AL DOCUMENTS CHECKLIST & ROUTING SW- TO ACCOMPANY ALL ORIGINAL DOCUMENTS O THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI URE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The compl;Alrouting slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is al ptcte with the exception of the Chairman's sienature_ draw a line. thrroiuh r, t;n.. 1 ;-- 411 U_U UA _ Route to Addressee(s) (List in routing order Rte, win ww the cnecxnsf, an Office forward to i - Iuilt" I line #5). Date 1. appropriate. Initial Applicable) 2. 11/13/12 Agenda Item Number 14 -A -1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Emily R. Pepin, Asst. County Attorney County Attorney ERP 11/20/12 5• Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office w l2 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nicole Parker, Procurement Specialist Phone Number 252 -5270 Contact appropriate. Initial Applicable) Agenda Date Item was 11/13/12 Agenda Item Number 14 -A -1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Contract #12-5885 — Hole Montes (Marco Number of Original Two Attached Island Airport) I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be ERP signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's ERP Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ERP document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ERP signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip ERP should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/12 and all changes made during ERP the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 14A 1a- MEMORANDUM Date: December 7, 2012 To: Nicole Parker, Contract Specialist Purchasing Department Cc: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #12 -5885 "Design and Related Services for the Marco Island Executive Airport" Contractor: Hole Montes, Inc. Attached is a one (1) copy of the original document referenced above (Item #14A1), approved by the Board of County Commissioners Tuesday, November 13, 2012. The original will be held on file in the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252 -7240. Thank you 14A 11 . 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 13� day of ��� ����� r' 20! k 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 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; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and 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: I 14A IP 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 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 14A 11 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 14A 14 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 14A Ism 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: s 14A 1 1 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 14A 14 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; rA 14A 11 (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 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 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 14A 1 il 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. 11 14A 1 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 14A 1"' 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 14A 1 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 14A A"I 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' 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 14A 1 ` 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 14A 1 1 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 14A 1 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 - 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 14A 'T1 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 14A 1 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: 20 14A 1 ° "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 14A I I 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 seg. 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 14A 1.. � 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: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E;8r0tk, C 4dk' gy Date: 292. gy: Attest A'' at Fred W. Coyle, Chairman Approved as to form and le al sufficiency: 6 f1 Witne f Ai s / Typed /Printed Name Typed /Pr' ted Name 23 Hole Montes, Inc. E(V&1 Typed /Printed Name and Title S.R. vtcc AWs 1O9-� 14A 1 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. Objective 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 — Project 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 14A 1 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 County Meetings - Project development meeting to determine general project alternatives to be analyzed during Task 3. 1.4 Grant Application Assistance (Design) - Assisting the COUNTY 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 County Meeting - One County meeting to review the results of the data collection. TASK 3 - Planning /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 /County 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 COUNTY 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 COUNTY approval /input. 4.4 Technical Workshop /Preferred Concept Approval - A County 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. 25 14A lid 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 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 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 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. 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 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 COUNTY 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 14A 14 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 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 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 COUNTY 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 — Design (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 14A 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. 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 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 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 150/5340 -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 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 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 COUNTY 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 14A 1 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 COUNTY. 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 County 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 COUNTY with development the Grant Application for FAA Airport Improvement Program funds for the design portion of the PROJECT. 9.2 County Meeting /Coordination for Construction Contract — Meet with and assist the COUNTY 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 COUNTY 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 COUNTY to more efficiently and effectively manage the documentation and the sharing of information related to this project, DELIVERABLES • Ten (10) sets (1 Vx17 ") 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. • 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 14A I "q 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. 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. TASK LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1. Project Development $ 32,204.00 Monthly Upon Percent Com lete .of Task 2. Data Collection $ 72,085.00 Monthly Upon Percent Complete of Task 3. Planning /Environmental $ 42,624.00 Monthly Upon Percent Complete of Task 4. Alternative Development $ 35,327.00 Monthly Upon Percent Complete of Task 5. Design (30 %) $ 99,862.00 Monthly Upon Percent Complete of Task 6. Design (60 %) $162,367.00 Monthly Upon Percent Complete of Task 7. Design (100 %) $171,608.00 Monthly Upon Percent Complete of Task 8. Bid Phase $ 23,337.00 Monthly Upon Percent Complete of Task 9. Construction Grant Development $ 6,552.00 Monthly Upon Percent Complete of Task 10. Information Management System $ 14,034.00 Monthly Upon Percent Complete of Task TOTAL FEE (Total Task Items 1 -10 ) $660,000.00_ 30 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. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. 31 14A 1-4 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. B.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. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by 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. 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 14A If 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 14A 11 "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 /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 100% final construction plans, specifications suitable for bidding 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 A A 1-01 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 14A 1# 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 14A 14 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 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 The amounts of such (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 14A It (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 14A 14 (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 14A I " (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 40 14A 1 $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 14A 11 (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 14 A 11 AcvRD► CERTIFICATE OF LIABILITY INSURANCE UATE(MM / °DIYYYY) 10/9/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lutgert Insurance - Naples PO Box 112500 Naples FL 34108 NTA T NAME: Kristin Nemert PHONE FAX IAIC, - - AIC No : - - E -MAIL ADDREss: INSURERS AFFORDING COVERAGE NAIC # INSURER A 1/1/2012 /1/2013 INSURED HOLEM -1 INSURER B: NTTNE 44 INSURERC:FCCI INS CO 10178 Hole Montes, Inc HM &A Building & Trustee, LLC P. O. Box 111629 INSURER D: ENTAL INS 35289 PREM DAMAGE TO RENTED PREMISES Ea occurrence $100,000 Naples FL 34108 INSURERE: PERSONAL & ADV INJURY $1,000,000 X Contractual Llab INSURER F : COVERAGES CERTIFICATE NUMBER: 'ACICiAA917R REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE A IN SIR R WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS D GENERAL LIABILITY 2082970875 1/1/2012 /1/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR PREM DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 X Contractual Llab X Broadened Cover GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP /OPAGG $2,000,000 $ POLICY X PRO- LOC JECT F] D AUTOMOBILE LIABILITY 2082970830 1/1/2012 /1/2013 O accident SINGLE $1,000,000 BODILYINJURY(Perperson) $ ANY AUTO Ix ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS X AUTOS PeOPERT n DAMAGE $ A X UMBRELLA LIAB X OCCUR 2082970567 1/1/2012 /1/2013 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $0 $ C WORKERS COMPENSATION 11003 1/1/2012 /1/2013 X STATU- DTH- AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $500,000 ANY PROPRIETOR /PARTNER /EXECUTIVE —] OFFICER /MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEd $500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS bel I I E.L. DISEASE - POLICY LIMIT 1 $500,000 B Professional Liability AEH1 13988730 1/1/2012 /1/2013 Per Claim 2,000,000 1: _ _ Aggregate 2,000,000 --- DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Contract #12 -5885 "Design and Related Services for the Immokalee Regional Airport (IMM) Runway 9 -27 Rehabilitation Project" and Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation project" Holder is Additional Insured with regards to General Liability on a Primary & Non - Contributory Basis for any and all work performed on behalf of Collier County. Wavier of Subrogation is included for General Liability, in favor of Additional Insured. "30 Days notice of Cancellation except 10 for Non - Payment of Premium. 111.011 a ill1A L"11II -0 iPJ,•Ugm Board of County Commissioners, Collier County Florida Purchasing Department - Attn: Joanne Markiewicz, Interim Interim Purchasing /General Services Director 3327 Tamiami Trail East Naples FL 34112 -4901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE N ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 14A 1" 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: ,ea TITLE: 5--9 view 4&e- S DATE: / DLL yLl Z 43 14A 1 ' SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS KEY 35 PERSONNEL POSITION URS Sr. Project Luc Carriere Manager Steve Henriquez Principal Kelli Leonard Sr. Engineer Sr. Project Rick Brylanski Manager Walt Gilcher Sr. Engineer Byron Taylor Engineer Mike Thompson Sr. Planner Dennis Comb Sr. Engineer Surveyor Tom Murphy Mapper Garret Kerly Sr. Engineer David Schmidgall Engineer Shane Johnson Environmental 44 MKY % TIME COMPANY ALLOCATION HM 35 URS 2.5 URS 35 HM 7 HM 2 HM 15 URS 5 URS 10 HM 1 URS 15 URS 20 Passarella 2