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Backup Documents 11/12/2019 Item #16G 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ;;ti. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L1i THE.BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE NOV 1 2 2019 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Risk Management **NEW** ROUTING SLIP 9 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 1 t t)iz tt 2. County Attorney Office County Attorney Office �F 409- 4. BCC Office Board of County (3.)►--µb‘..A Commissioners '1n.CA/ 00, \c‘ 4. Minutes and Records Clerk of Court's Office t<1« Irl 3 ' 5. Procurement Services Procurement Services l PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was NOVEMBER 12,2019 Agenda Item Number Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 19-7558 HOLE MONTES, number if document is HOLE MONTES, INC. to be recorded INC. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signa ,l e STAMP OK N/A 2. Does the document need to be sent to another agency for as.'tional signatures? 'yes, N/A provide the Contact Information(Name;Agency;Address;Phon- .- :- . .c ed sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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! _ 8. The document was approved by the BCC on 11/12/2019 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County ..5S an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the \(\)4an option for Chairman's signature. C 6G2 MEMORANDUM Date: November 18, 2019 To: Ana Reynoso, Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #19-7558 "Professional Services Agreement" Contractor: Hole Montes, Inc. Attached for your records is an original of the referenced document above, (Item #16G2) adopted by the Board of County Commissioners on Tuesday, November 12, 2019. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16G2 PROFESSIONAL SERVICES AGREEMENT Contract # 19-7558 for Design Services for IMM Runway Rehabilitation & Taxiway Extension Projects ■ CCNA I I NON-CCNA THIS AGREEMENT is made and entered into thisOr day of NbaS( , 20 19 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") and Hole Montes, Inc. authorized to do business in the State of Florida, whose business address is 6200 Whiskey Creek Drive, Fort Myers, Florida 33919 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONSULTANT concerning Design Services for IMM Runway Rehabilitation & Taxiway Extenstion Projects (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: ARTICLE ONE CONSULTANTS RESPONSIBILITY 1.1. CONSULTANT shall provide to COUNTY professional services 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 COUNTY 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, Page 1 of 32 PSA Single Project Agreement 2017.010 Ver.2 1 6 G 2 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 the COUNTY. 1.5. CONSULTANT designates Timothy J. Parker, P.E., C.M 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 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 the COUNTY's prior written approval, and if so removed must be immediately replaced with a person acceptable to the COUNTY. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the COUNTY 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 the COUNTY. 1.7. The CONSULTANT represents to the COUNTY 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 COUNTY'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 but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 2 of 32 PSA Single Project Agreement 2017.010 Ver.2 C 1 6 G 2 Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor 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. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the COUNTY of such conflict and utilize its best professional judgment to advise the COUNTY regarding resolution of each such conflict. The COUNTYS 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. 1.9. 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 CONSULANT 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 Page 3 of 32 PSA Single Project Agreement 2017.010 Ver.2 ibG24 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. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the COUNTY'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 the COUNTY prompt written notice of any such subpoenas. 1.11. As directed by the COUNTY, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN 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 the COUNTY. Information layers shall have 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 2.1. If authorized in writing by the COUNTY through a Change Order or Amendment 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 Change Order or 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 the COUNTY's Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the COUNTY 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 a Change Order or an Amendment to this Agreement prior to starting such services. The COUNTY 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 the COUNTY 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 the COUNTY 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: Page 4 of 32 PSA Single Project Agreement 2017.010 Ver.2 -ill 16G2 2.2. 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. 2.3. 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, the COUNTY's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the COUNTY 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. 2.4. Providing renderings or models for the COUNTY's use. 2.5. 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 the COUNTY in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the COUNTY, other than visits to the Project site or the COUNTY's office. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. Preparing to serve or serving as a CONSULTANT or witness for the COUNTY 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). 2.10. 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 THE COUNTY'S RESPONSIBILITIES 3.1. The COUNTY shall designate in writing a project manager to act as the COUNTY'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 the COUNTY'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: Page 5 of 32 PSA Single Project Agreement 2017 010 Ver.2 G�' 1 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 COUNTY is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the COUNTY '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 COUNTY'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 COUNTY 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 the COUNTY 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 COUNTY, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the COUNTY in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the COUNTY 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 the COUNTY. CONSULTANT's sole remedy against the COUNTY 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 Page 6 of 32 PSA Single Project Agreement 2017.010 Ver.2 GPO 16G2k 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 COUNTY hereunder, the COUNTY 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 COUNTY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the COUNTY authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the COUNTY to CONSULTANT be deemed a waiver of any right or claim the COUNTY 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 COUNTY 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. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the COUNTY to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the COUNTY's Project Manager before payment for the fixed price contract is authorized. Time and Materials: The COUNTY agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ■❑ Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. Page 7 of 32 PSA Single Project Agreement 2017.010 Ver.2 ��l G 16G 2 ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the COUNTY, CONSULTANT shall deliver to the COUNTY copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD 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"). The COUNTY 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 the COUNTY 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 the COUNTY to pay any additional compensation, CONSULTANT hereby grants to the COUNTY a nonexclusive, irrevocable license in all of the Project Documents for the COUNTY's use on this Project. CONSULTANT warrants to the COUNTY that it has full right and authority to grant this license to the COUNTY. Further, CONSULTANT consents to the COUNTY'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 the COUNTY may be making Project Documents available for review and information to various third parties and hereby consents to such use by the COUNTY. 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. The COUNTY, or any duly authorized agents or representatives of the COUNTY, 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 defend, indemnify and hold harmless the COUNTY, 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. Page 8 of 32 PSA Single Project Agreement 2017.010 Ver.2 ibG2 This section does not pertain to any incident arising from the sole negligence of Collier County. 8.1.1. The duty to defend under this Article 8 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to CONSULTANT. The CONSULTANT's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 8.1.2. To the extent that the Agreement that the work pertains to is a "Professional Services Contract" as defined in Section 725.08(3), Florida Statues, and the CONSULTANT is a "Design Professional" as defined in Section 725.08(4), Florida Statues, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statues. 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. 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 Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, 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 the COUNTY 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 coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the COUNTY 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 the COUNTY 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. Page 9 of 32 PSA Single Project Agreement 2017.010 Ver.2 6G2 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 the COUNTY shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the COUNTY, 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 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the COUNTY. 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 COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUNTY 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 COUNTY 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. All personnel, identified in Schedule F shall not be removed or replaced without the COUNTY'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 COUNTY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the COUNTY under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting 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. 10.4. CONSULTANT acknowledges and agrees that the COUNTY 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 Page 10 of 32 PSA Single Project Agreement 2017.010 Ver.2 6G2 between the COUNTY and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the COUNTY's discretion, they are assignable to the COUNTY 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 the COUNTY 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 the COUNTY shall be deemed to be a waiver of any of the COUNTY'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 the COUNTY 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 the COUNTY, 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 COUNTY may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 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 the COUNTY otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the COUNTY shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The COUNTY 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 the COUNTY 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 the COUNTY, 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. Page 11 of 32 PSA Single Project Agreement 2017 010 Ver.2 1 2 12.4. Upon termination and as directed by the COUNTY, the CONSULTANT shall deliver to the COUNTY all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT's possession or under its control. 12.5. The COUNTY 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 extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the COUNTY 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) the COUNTY otherwise persistently fails to fulfill some material obligation owed by the COUNTY to CONSULTANT under this Agreement, and (ii) the COUNTY 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 THE COUNTY 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 the COUNTY of CONSULTANT's intent to terminate this Agreement. If the COUNTY 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 COUNTY, terminate the Agreement and recover from the COUNTY 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 the COUNTY. 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 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 CCNA Projects: 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 COUNTY 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. Page 12 of 32 PSA Single Project Agreement 2017.010 Ver.2 16G 2 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 COUNTY shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the COUNTY's address of record: Board of County Commissioners for Collier County, Florida Division Name: Airport Authority Division Director: Justin Lobb Address: 2005 Mainsail Drive, Suite #1 Naples, Florida 34114 Administrative Agent/PM: Justin Lobb Telephone: (239) 642-7878 E-Mail(s): Justin.Lobb(a7colliercountyfl.gov 16.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: Hole Montes, Inc. Address: 6200 Whiskey Creek Drive Fort Myers, FL 33919 Attention Name & Title: Richard E. Brylanski., Vice Presdient Telephone: (239) 985-1200 E-Mail(s): rickbrylanski hmenq.com Page 13 of 32 PS'\Single Project Agreement 2017 010 Ver 2 16G2 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 the COUNTY, shall promote the best interests of the COUNTY and assume towards the COUNTY 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 the COUNTY. 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 CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: Grant Provisions & Assurances Solicitation # 19-7558 , including all Attachment(s), Exhibit(s) &Addendum Consultant's Proposal Page 14 of 32 PSA Single Project Agreement 2017.010 Ver.2 S 16G2 17.10. n Grant Funded Projects: In the event of any conflict between or among the terms of any of the Contract Documents and/or the COUNTY's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the COUNTY's discretion. 17.11. Applicability. Sections corresponding to any checked box (II ) expressly apply to the terms of this Agreement. 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 the COUNTY 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 the COUNTY 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 the COUNTY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 Page 15 of 32 PSA Single Project Agreement 2017.010 Ver.2 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 the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the COUNTY 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 the COUNTY's staff person who would make the presentation of any settlement reached at mediation to the COUNTY'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. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. Page 16 of 32 PSA Single Project Agreement 2017.010 Ver.2 1 6 G 2 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & Comptroller Ai C. C.?) , OA By: '111 & ..� By: '�. 1S Willie/ L. McDaniel Jr. D t �� , Chairman Attest as fo Chairman s signature only. •prove s to� m nd Legality: lima County Attorney ,S.e4N- R -7;44_____ Name Consultant: Consultant's Witnesses: Hole Montes, Inc. `i ct 2^ By: CID Richard E. Brylanski Witnes //�J 77 t. J_1Zerl{<Ptr ...Sc• ere?till r- Vice President Name arid Title Name and Title ,:I e s,s4/ ///,��� - J ` /'i S-t l Pi �• Cu bt�-�S'>r✓i^- ✓r•kiµr v. .k-s4 Name and Title I Page 17 of 32 PSA Single Project Agreement 2017.010 Ver.2 f t SCHEDULE A 1 b G 2 SCOPE OF SERVICES n following this page (pages 1 through 13 Page 18 of 32 PSA Single Project Agreement 2017.010 Ver.2 �O C 16G2 #19-7558 "Design Services for IMM Runway Rehabilitation & Taxiway Extension Projects" 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. BACKGROUND The Immokalee Regional Airport is a large General Aviation Airport that has two (2) active runways and multiple taxiways that allow for the safe passage of aircraft. Runway 18-36 is in poor to critical condition as rated in the most recent Pavement Inspection Report that was completed through the Florida Department of Transportation in 2017. All the pavement sections of Runway 18-36 at the Immokalee Regional Airport require continuous maintenance in order to allow for the operations of aircraft and prevent the pavement from continuing to deteriorate to the point of failure. To allow for the continued operations of aircraft at the airport, pavement restoration is necessary. Project will also include necessary drainage, safety area, markings, airfield lighting/signage improvements, and pavement removal/additions. The overall project will include two major components and associated breakdown of funding sources. It is anticipated that all design and construction aspects associated with the Taxiway C Extension will be primarily funded with Federal (FAA) AIP dollars, while all design and construction aspects associated with reconstruction of Runway 18-36 will be primarily funded with State (FDOT) and local (County) dollars, as depicted in the concept drawings provided in separate attachment. Therefore, services associated with each funding source shall be clearly identified and delineated throughout the life of the project. Design and Related Services for the Immokalee Regional Airport (IMM) Runway 18-36 Rehabilitation Project Phase I -- Design Phase Services: The Runway 18-36 reconstruction design shall include, but not be limited to all civil and electrical engineering typically required for airfield pavement rehabilitation on active airports in accordance to FAA requirements and in accordance to FAA Advisory Circulars 150/5300-13A, 16, 17 & 18 as well as all supporting services such as surveying and geotechnical services. The design must incorporate all utilities, site development, and drainage. Services shall consist of all phases of design, including but not limited to: programming, schematic design, design development, construction documents, and all permitting/services during construction The selected firm shall be responsible for knowledge of and compliance with all relative local, state and federal codes and regulations. In addition, ability to provide affidavits of no conflict of interest or to provide services separate from private sector clients shall be required. The consultant should be prepared to assist with grant preparation and may or may not be requested to perform administration for FAA and FDOT grant programs. This project will be awarded in two phases as funding becomes available, one for the Runway Rehabilitation and one for the Taxiway Extension. The Design Phase services will be negotiated first and if post bid award and post design services are required, they will be negotiated prior to construction beginning. PROJECT DESCRIPTION The intent of the project is to rehabilitate Runway 18-36 along with other associated improvements at the Immokalee Regional Airport. The associated improvements will include the following: Page 1 of 13 Schedule A-Scope of Services 16G2 • Replacement of runway edge lights including addition of REILs and PAPIs for both approaches to the runway. • Modifications to the airfield electrical vault, as required. • Install supplemental wind cone and segmented circle A documented categorical exclusion report will be prepared and submitted along with revised ALP to the Authority and FAA. 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 Immokalee Regional Airport (IMM) Runway 18-36 Rehabilitation project (PROJECT). The overriding objective of the CONSULTANT is to keep this project on schedule, under budget and fully coordinated with all parties. TASK 1.R— 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: 1.1 General Consulting/Project Management— General project consulting for the pre-design effort. 1.2 Subconsultant Administration — Sub-consultant negotiations, scope development and contract administration. 1.3 Client Meetings — Project development meeting to determine general project alternatives to be analyzed during Task 3. 1.4 Not Used. 1.5 Prepare environm ental checklist for the runway rehabilitation grant application. FDOT/Client Pre-Design Charette TASK 2.R— 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 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. 2.3 Pavement Inspection —One site visit to inspect the existing pavement surface. 2.4 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. 2.5 Project Management —General project management associated with Tasks 2.1 thru 2.4. 2.6 Quality Control — Quality control associated with Tasks 2.1 thru 2.4. 2.7 Client Meeting — One client meeting to review the results of the data collection. TASK 3.R— Planninq/Environmental During this task the CONSULTANT will administer and manage all aspects of the planning and environmental process. This task will include the following items: 3.1 Development of alternatives. 3.2 ALP Update. Page 2 of 13 Schedule A-Scope of Services 16G2 3.3 Categorical Exclusion documentation. 3.4 Review of Existing Permits — Review will include the existing permits issued by South Florida Water Management District (SFWMD), US Army Corps of Engineers (USACOE), and Collier County, including mitigation program. 3.5 Project Management—General project management associated with Tasks 3.1 thru 3.4. 3.6 Quality Control — Quality control associated with Tasks 3.1 thru 3.4 TASK 4.R—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 1.6 will be further developed into concept layouts for CLIENT approval. Cost estimates will be developed for these concepts. 4.2 Cost/Benefit Analysis—A cost/benefit analysis will be performed for the concept layouts in Task 4.1. 4.3 Project Justification/Alternative Analysis Report 4.4 Construction Phasing and Safety Plans Outline/Draft — Phasing and Safety Plans will be generally outlined for CLIENT approval/input. 4.5 Technical Workshop/Preferred Concept Approval — A client meeting will be conducted to discuss the results of Task 4.1 thru 4.3. The preferred concept will be chosen for complete design development. 4.6 Project Management— General project management associated with Tasks 4.1 thru 4.5. 4.7 Quality Control — Quality control associated with Tasks 4.1 thru 4.5. TASK 5.R— 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 be identified. 5.4 Geometric Design — FAA Advisory Circular (AC) 150/5300-13, Airport Design, current edition, will be utilized in establishing proposed horizontal and vertical geometric layouts. 5.5 Pavement Design/Typical Sections — FAA AC 150-5320-6, Airport Pavement Design and Evaluation, current edition, will be utilized in designing the proposed pavement rehabilitation and identifying the typical sections. 5.6 Grading and Drainage Design — FAA AC 150/5320-5, Surface Drainage Design, current edition, and SFWMD regulations will be utilized in analyzing the existing drainage patterns and designing proposed drainage elements. Grading will be designed in accordance with AC 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 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— 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. Page 3 of 13 Schedule A-Scope of Services CAO 16G2 5.10 Visual Aids Design — FAA AC 150/5340-30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop improvements/upgrades to the existing airfield visual aids to include new PAPIs and REILs for Runway 18-36. 5.11 Marking Plans — FAA AC 150/5340-1, Standards for Airport Markings, current edition, will be utilized to develop marking layout for the proposed development. 5.12 Lighting Details — FAA AC 150/5340-30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop construction details for the airfield lighting, signage and visual aid improvements. 5.13 Marking Details— FAA AC 150/5340-1, Standards for Airport Markings, current edition, will be utilized to develop marking details for the proposed marking layout. 5.14 Technical Specification Outline — FAA AC 150-5370-10, Standards for Specifying Construction of Airports, current edition, will be utilized to outline the requ ired technical specifications. 5.15 Permitting Pre-application Meeting — In accordance with the SFWMD requirements, a pre-application meeting will be conducted to discuss the drainage impacts and design approach. A meeting will also be conducted with Collier County Development to discuss the need for local approvals. 5.16 Cost Estimates — The 30% Design Development drawings will be utilized to develop conceptual cost estimates for budgeting purposes. 5.17 Plan Review Meeting—A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 30% Design Development drawings. 5.18 Project Management— General project management associated with Tasks 5.1 thru 5.17. 5.19 Quality Control/Coordination Review—Quality Control/Coordination Review associated with Tasks 5.1 thru 5.17. TASK 6.R — 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. 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 constructabil ity. 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 SFWMD regulations will continue to be utilized in analyzing the existing drainage patterns and designing proposed grading and drainage elements. 6.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will continue to be analyzed and impacts to those utilities will be coordinated with the proposed design elements. 6.8 Airfield Lighting and Signage — FAA AC 150/5340-18, Standards for Airport Sign Systems, current edition, and FAA AC 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— FAA AC 150/5340-30, Design and Installation Detai Is for Airport Visual Aids, current edition, will continue to be utilized to develop upgrades to the existing airfield electrical vault. Page 4 of 13 Schedule A-Scope of Services 16G2 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, signage and visual aid improvements. 6.14 Marking Details— FAA AC 150/5340-1, Standards for Airport Markings, current edition, will continue to be utilized to develop marking details for the proposed marking layout. 6.15 Miscellaneous Details — Additional details not described in Tasks 6.12 thru 6.14 will be incorporated into the Design Development drawings. 6.16 Cross Sections—The geometric and drainage design in Tasks 6.4 and 6.6 will continue to be modeled and cross sections developed. 6.17 Project Specifications— FAA AC 150-5370-10, Standards for Specifying Construction of Airports, current edition, will be utilized to develop the required technical specifications. Federal requirements for construction projects will also be incorporated. 6.18 Drainage Modeling and Permit Submittal — In accordance with the SFWMD requirements, drainage modeling will be conducted to analyze the drainage design. A Collier County Site Development Submittal will also be made to address drainage im provements. 6.19 Cost Estimates—The 60% Design Development drawings will be utilized to develop cost estimates for budgeting purposes. 6.20 Engineer's Report — In accordance with FAA requirements, an Engineer's Report will be developed describing the project design, phasing, and estimated cost. Requests for all Modifications to Standards will be included in the Engineer's Report. 6.21 Plan Review Meeting —A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 60% Design Development drawings. 6.22 Project Management — General project management associated with Tasks 6.1 thru 6.21. 6.23 Quality Control/Coordination Review—Quality Control/Coordination Review associated with Tasks 6.1 thru 6.21. TASK 7.R— 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: 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 constructabil ity. 7.3 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will finalized. 7.4 Geometric Design — FAA AC 150/5300-13, Airport Design, current edition, will be utilized in finalizing the proposed horizontal and vertical geometric layouts. 7.5 Pavement Design/Typical Sections — FAA AC 150-5320-6, Airport Pavement Design and Evaluation, current edition, will be utilized in finalizing the pavement rehabilitation and typical sections. 7.6 Grading and Drainage Design — FAA AC 150/5320-5, Surface Drainage Design, current edition, and Florida Department of Environmental Protection (FDEP) regulations will be utilized in analyzing the existing drainage patterns and finalizing the drainage elements. 7.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will be analyzed and impacts to those utilities will be coordinated with the proposed design elem ents. Page 5 of 13 Schedule A-Scope of Services 16G2 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, signage and visual aid improvements. 7.14 Marking Details — FAA AC 150/5340-1, Standards for Airport Markings, current edition, will be utilized to finalize the marking details for the proposed marking layout. 7.15 Miscellaneous Details — Additional details not described in Tasks 7.12 thru 7.14 will be incorporated into the Design Development drawings. 7.16 Cross Sections —The geometric and drainage design in Tasks 7.4 and 7.6 will be modeled and cross sections finalized. 7.17 Project Specifications — FAA AC 150-5370-10, Standards for Specifying Construction of Airports, current edition, will be utilized to finalize the required technical specifications. Federal requirements for construction projects will also be incorporated. 7.18 Drainage Permit Requirements Incorporated — Issued permits will be reviewed and Permit General Conditions included in Design Development drawings. 7.19 Cost Estimates — The 100% Design Development drawings will be utilized to develop final cost estimates. 7.20 Engineer's Report — In accordance with FAA requirements, an Engineer's Report will be finalized describing the project design, phasing, and estimated cost. 7.21 Plan Review Meeting—A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 100% Design Development drawings. 7.22 Project Management— General project management associated with Tasks 7.1 thru 7.21. 7.23 Quality Control/Coordination Review—Quality Control/Coordination Review associated with Tasks 7.1 thru 7.21. TASK 8.R— Bid Phase During this task the CONSULTANT will administer and manage all aspects of the bid process. This task will include the following items: 8.1 Respond to 100% Comments/Bid Documents — Respond to and incorporate the 100% comments received. Develop Bid Documents to be sold to potential bidders by the CLIENT. 8.2 Advertise & Pre-Bid Assistance— Develop public notice to bidders and bid documents. 8.3 Pre-Bid Conference — Conduct pre-bid conference to discuss the project elements with potential bidders. 8.4 Addendum Preparation and Response to RFIs— Respond to bidder requests for information (RFI) and prepare project addenda. 8.5 Recommendation for Award/Bid Tabulation —Tabulate the bid results and recommend project award. 8.6 Client Meeting — One meeting to discuss the bid results and award recommendation. TASK 9.R— Construction Grant Development During this task the CONSULTANT will administer and manage all aspects of the construction grant Page 6 of 13 Schedule A-Scope of Services 16G2 development process. This task will include the following items: 9.1 Grant Application Assistance (Construction) — Assisting the CLIENT with development the Grant Application for FAA Airport Improvement Program funds for the construction portion of the PROJECT. 9.2 Client Meeting/Coordination for Construction Contract — Meet with and assist the CLIENT with development of the construction contract. TASK 10.R — Construction Grant Development During this task the CONSULTANT will administer and manage all aspects of the information management system. This task will include the following items: 10.1 Document Sharing Portal Management—Provide and maintain an automated internet-based document management system utilizing Microsoft SharePoint. This system will be utilized to record plan changes, make available draft and final plans and specifications, document progress reports, make available meeting minutes, etc. The CLIENT will have password-controlled access to the system to view, download and upload information related to the PROJECT. This project automation will assist the CONSULTANT and the CLIENT to more efficiently and effectively manage the documentation and the sharing of information related to this project. DELIVERABLES • Ten (10) sets (11"x17") of the 30% development documents, including the plans. • Ten (10) sets (11"x17") of the 60% development documents, including the technical specifications, plans and engineer's report. • Ten (10) sets (11"x17") of the 100% development documents, including the technical specifications, plans and engineer's report. • Ten (5) 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 to pay for all permit application fees. Design and Related Services for the Immokalee Regional Airport (IMM) Taxiway C Extension Project Phase I -- Design Phase Services: Taxiway C extension design shall include, but not be limited to all civil and electrical engineering typically required for airfield pavement construction on active airports in accordance to FAA requirements and in accordance to FAA Advisory Circulars 150/5300-13A, 16, 17 & 18 as well as all supporting services such as surveying and geotechnical services. The design must incorporate all utilities, site development, and drainage. Services shall consist of all phases of design, including but not limited to: programming, schematic design, design development, construction documents, and all permitting/services during construction The firm shall be responsible for knowledge of and compliance with all relative local, state and federal codes and regulations. In addition, ability to provide affidavits of no conflict of interest or to provide services separate from private sector clients shall be required. The consultant should be prepared to assist with grant preparation and may or may not be requested to perform administration for FAA and FDOT grant programs. This project will be awarded in two phases as funding becomes available, one for the Runway Rehabilitation and one for Page 7 of 13 Schedule A-Scope of Services 1 16G2 the Taxiway C Extension. The Design Phase services will be negotiated first and if post bid award and post design services are required, they will be negotiated prior to construction beginning. PROJECT DESCRIPTION The intent of the project is to extend Taxiway C along with other associated improvements at the Immokalee Regional Airport. The associated improvements will include the following: • Taxiway Pavement design • Stormwater drainage improvements and modifications • New taxiway edge lighting and signage for Taxiway C and A. • Modifications to the airfield electrical vault if required. A documented categorical exclusion report will be prepared and submitted along with revised ALP to the Authority and FAA. 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 Immokalee Regional Airport (IMM) Taxiway C Extension project (PROJECT). The overriding objective of the CONSULTANT is to keep this project on schedule, under budget and fully coordinated with all parties. TASK 1.T — 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: 1.6 General Consulting/Project Management— General project consulting for the pre-design effort. 1.7 Subconsultant Administration — Sub-consultant negotiations, scope development and contract administration. 1.8 Client Meetings — Project development meeting to determine general project alternatives to be analyzed during Task 3. 1.9 Grant Application Assistance (Design) —Assisting the CLIENT with development the Grant Application for FAA Airport Improvement Program funds for the design portion of the PROJECT. 1.10 Prepare environmental checklist for the taxiway rehabilitation grant application. 1.11 FAA/FDOT/Client Pre-Design Charette TASK 2.T — 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: 2.8 Site Investigation — One site visit to review the project site include the civil and airfield electrical elements. 2.9 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. 2.10 Pavement Inspection —One site visit to inspect the existing pavement surface. Page 8 of 13 Schedule A-Scope of Services t ``; 16G2 2.11 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. 2.12 Project Management- General project management associated with Tasks 2.1 thru 2.4. 2.13 Quality Control -Quality control associated with Tasks 2.1 thru 2.4. 2.14 Client Meeting - One client meeting to review the results of the data collection. TASK 3.T - 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: 3.7 Development of alternatives. including taxiway alignment, fillet geometry, limits of construction, lighting and signage, phasing and site access. 3.8 ALP Update. 3.9 Categorical Exclusion documentation. 3.10 Review of Existing Permits - Review will include the existing permits issued by South Florida Water Management District (SFWMD), US Army Corps of Engineers (USACOE), and Collier County, including mitigation program. 3.11 Project Management- General project management associated with Tasks 3.1 thru 3.4. 3.12 Quality Control -Quality control associated with Tasks 3.1 thru 3.4 TASK 4.T-Alternative Develo pment During this task the CONSULTANT will administer and manage all aspects of the alternative development process. This task will include the following items: 4.8 Concept Layouts & Cost Estimates-The alternative chosen in Task 1.6 will be further developed into concept layouts for CLIENT approval. Cost estimates will be developed for these concepts. 4.9 Cost/Benefit Analysis -A cost/benefit analysis will be performed for the concept layouts in Task 4.1. 4.10 Project Justification/Alternative Analysis Report 4.11 Construction Phasing and Safety Plans Outline/Draft - Phasing and Safety Plans will be generally outlined for CLIENT approval/input. 4.12 Technical Workshop/Preferred Concept Approval - A client meeting will be conducted to discuss the results of Task 4.1 thru 4.3. The preferred concept will be chosen for complete design development. 4.13 Project Management- General project management associated with Tasks 4.1 thru 4.5. 4.14 Quality Control - Quality control associated with Tasks 4.1 thru 4.5. TASK 5.T - 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: 5.20 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 Lay out Plan. 5.21 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. 5.22 Demolition Plan - Using the data collected in Task 2, demolition of existing site elements will be identified. 5.23 Geometric Design - FAA Advisory Circular (AC) 150/5300-13, Airport Design, current edition, will be utilized in establishing proposed horizontal and vertical geometric layouts. Page 9 of 13 Schedule A-Scope of Services 16G2 5.24 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. 5.25 Grading and Drainage Design — FAA AC 150/5320-5, Surface Drainage Design, current edition, and SFWMD regulations will be utilized in analyzing the existing drainage patterns and designing proposed drainage elements. Grading will be designed in accordance with AC 150/5300-13, Airport Design, current edition. 5.26 Utility Design — Existing utilities identified in the data collection process of Task 2 will be analyzed and impacts to those utilities will be coordinated with the proposed design elements. The proposed power source for the electrical vault in Task 5.9 will be identified. 5.27 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. 5.28 Electrical Vault— FAA AC 150/5340-30, Design and Installation Detai Is for Airport Visual Aids, current edition, will be utilized to develop upgrades to the existing airfield electrical vault. 5.29 Visual Aids Design — FAA AC 150/5340-30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop improvements/upgrades to the existing airfield visual aids to include new PAPIs and REILs for Runway 18-36. 5.30 Marking Plans — FAA AC 150/5340-1, Standards for Airport Markings, current edition, will be utilized to develop marking layout for the proposed development. 5.31 Lighting Details — FAA AC 150/5340-30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to develop construction details for the airfield lighting, signage and visual aid improvements. 5.32 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. 5.33 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. 5.34 Permitting Pre-application Meeting — In accordance with the SFWMD requirements, a pre-application meeting will be conducted to discuss the drainage impacts and design approach. A meeting will also be conducted with Collier County Development to discuss the need for local approvals. 5.35 Cost Estimates — The 30% Design Development drawings will be utilized to develop conceptual cost estimates for budgeting purposes. 5.36 Plan Review Meeting —A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 30% Design Development drawings. 5.37 Project Management— General project management associated with Tasks 5.1 thru 5.17. 5.38 Quality Control/Coordination Review—Quality Control/Coordination Review associated with Tasks 5.1 thru 5.17. TASK 6.T — 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: 6.24 Cover/Summary of Quantities/Notes/Contract Layout Plan — The continued development of general plan sheets to include, but not limited to, the Cover Sheet, Summary of Quantities, General Notes and the Contract Layout Plan. 6.25 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 constructabil ity. 6.26 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will continue to be identified. 6.27 Geometric Design — FAA AC 150/5300-13, Airport Design, current edition, will continue to be utilized in establishing proposed horizontal and vertical geometric layouts. Page 10 of 13 Schedule A-Scope of Services 16G2 6.28 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. 6.29 Grading and Drainage Design — FAA AC 150/5320-5, Surface Drainage Design, current edition, and SFWMD regulations will continue to be utilized in analyzing the existing drainage patterns and designing proposed grading and drainage elements. 6.30 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. 6.31 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. 6.32 Electrical Vault— FAA AC 150/5340-30, Design and Installation Detai Is for Airport Visual Aids, current edition, will continue to be utilized to develop upgrades to the existing airfield electrical vault. 6.33 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. 6.34 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. 6.35 Drainage Details — Florida Department of Transportation (FDOT) Design Standards, current edition, will continue to be utilized to develop construction details for the drainage improvements. 6.36 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, signage and visual aid improvements. 6.37 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. 6.38 Miscellaneous Details — Additional details not described in Tasks 6.12 thru 6.14 will be incorporated into the Design Development drawings. 6.39 Cross Sections—The geometric and drainage design in Tasks 6.4 and 6.6 will continue to be modeled and cross sections developed. 6.40 Project Specifications— FAA AC 150-5370-10, Standards for Specifying Construction of Airports, current edition, will be utilized to develop the required technical specifications. Federal requirements for construction projects will also be incorporated. 6.41 Drainage Modeling and Permit Submittal — In accordance with the SFWMD requirements, drainage modeling will be conducted to analyze the drainage design. A Collier County Site Development Submittal will also be made to address drainage im provements. 6.42 Cost Estimates—The 60% Design Development drawings will be utilized to develop cost estimates for budgeting purposes. 6.43 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. 6.44 Plan Review Meeting —A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 60% Design Development drawings. 6.45 Project Management— General project management associated with Tasks 6.1 thru 6.21. 6.46 Quality Control/Coordination Review—Quality Control/Coordination Review associated with Tasks 6.1 thru 6.21. TASK 7.T — 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: 7.24 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. Page 11 of 13 Schedule A-Scope of Services CAt) 16G2 7.25 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. 7.26 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will finalized. 7.27 Geometric Design — FAA AC 150/5300-13, Airport Design, current edition, will be utilized in finalizing the proposed horizontal and vertical geometric layouts. 7.28 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. 7.29 Grading and Drainage Design — FAA AC 150/5320-5, Surface Drainage Design, current edition, and Florida Department of Environmental Protection (FDEP) regulations will be utilized in analyzing the existing drainage patterns and finalizing the drainage elements. 7.30 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 elem ents. 7.31 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. 7.32 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. 7.33 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. 7.34 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. 7.35 Drainage Details — Florida Department of Transportation (FDOT) Design Standards, current edition, will be utilized to finalize construction details for the drainage improvements. 7.36 Lighting Details — FAA AC 150/5340-30, Design and Installation Details for Airport Visual Aids, current edition, will be utilized to finalize construction details for the airfield lighting, signage and visual aid improvements. 7.37 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. 7.38 Miscellaneous Details — Additional details not described in Tasks 7.12 thru 7.14 will be incorporated into the Design Development drawings. 7.39 Cross Sections —The geometric and drainage design in Tasks 7.4 and 7.6 will be modeled and cross sections finalized. 7.40 Project Specifications — FAA AC 150-5370-10, Standards for Specifying Construction of Airports, current edition, will be utilized to finalize the required technical specifications. Federal requirements for construction projects will also be incorporated. 7.41 Drainage Permit Requirements Incorporated — Issued permits will be reviewed and Permit General Conditions included in Design Development drawings. 7.42 Cost Estimates — The 100% Design Development drawings will be utilized to develop final cost estimates. 7.43 Engineer's Report — In accordance with FAA requirements, an Engineer's Report will be finalized describing the project design, phasing, and estimated cost. 7.44 Plan Review Meeting—A Plan Review Meeting will be conducted with the CONSULTANT and CLIENT to discuss the 100% Design Development drawings. 7.45 Project Management— General project management associated with Tasks 7.1 thru 7.21. 7.46 Quality Control/Coordination Review—Quality Control/Coordination Review associated with Tasks 7.1 thru 7.21. TASK 8.T — Bid Phase During this task the CONSULTANT will administer and manage all aspects of the bid process. This task will include the following items: Page 12 of 13 Schedule A-Scope of Services 16G2 8.7 Respond to 100% Comments/Bid Documents — Respond to and incorporate the 100% comments received. Develop Bid Documents to be sold to potential bidders by the CLIENT. 8.8 Advertise & Pre-Bid Assistance— Develop public notice to bidders and bid documents. 8.9 Pre-Bid Conference — Conduct pre-bid conference to discuss the project elements with potential bidders. 8.10 Addendum Preparation and Response to RFIs— Respond to bidder requests for information (RFI) and prepare project addenda. 8.11 Recommendation for Award/Bid Tabulation —Tabulate the bid results and recommend project award. 8.12 Client Meeting —One meeting to discuss the bid results and award recommendation. TASK 9.T — Construction Grant Development During this task the CONSULTANT will administer and manage all aspects of the construction grant development process. This task will include the following items: 9.3 Grant Application Assistance (Construction) — Assisting the CLIENT with development the Grant Application for FAA Airport Improvement Program funds for the construction portion of the PROJECT. 9.4 Client Meeting/Coordination for Construction Contract — Meet with and assist the CLIENT with development of the construction contract. TASK 10.R — Construction Grant Development During this task the CONSULTANT will administer and manage all aspects of the information management system. This task will include the following items: 10.1 Document Sharing Portal Management—Provide and maintain an automated internet-based document management system utilizing Microsoft SharePoint. This system will be utilized to record plan changes, make available draft and final plans and specifications, document progress reports, make available meeting minutes, etc. The CLIENT will have password-controlled access to the system to view, download and upload information related to the PROJECT. This project automation will assist the CONSULTANT and the CLIENT to more efficiently and effectively manage the documentation and the sharing of information related to this project. DELIVERABLES • Ten (10) sets (11"x17") of the 30% development documents, including the plans. • Ten (10) sets (11"x17") of the 60% development documents, including the technical specifications, plans and engineer's report. • Ten (10) sets (11"x17") of the 100% development documents, including the technical specifications, plans and engineer's report. • Ten (5) 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 to pay for all permit application fees. Page 13 of 13 Schedule A-Scope of Services CAO 1 6 G 2 SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the COUNTY as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the COUNTY agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the COUNTY's reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To- Exceed SEE ATTACHED PAGE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ $ Total Time and Materials Fee $ $ GRAND TOTAL FEE $ $ Page 19 of 32 PSA Single Project Agreement 2017.010 Ver.2 '�1 � � �� �� � �� �� �� Tasks/Item Description Lump Sum Time and aterials No To'Exceed�,~ 1.R Project Development Runway $28395 $ 2.R Data Collection Runway $50,045 $ 3.R Planning/Environmental Runway ,$46,190 $ 4.R Alternative Development Runway $25'780 $ 5.R Design (30%) Runway $51'985 $ 6.R Design (60%) Runway $100,800 $ 7.R Design(100%) Runway g101'475 $ 8.R Bid Phase Runway $32,708 $ 9.R Construction Grant Development Runway g4,530 $ 10.R Information Management Sysem Runway $7'720 $ 1.T Project Development Taxiway $14,135 $ 2.T Data Collection Taxiway $29'545 $ 3T Planning/Environmental Taxiway $41'230 $ 4.T Alternative Development Taxiway $12'170 $ 5.T Design(30%) Taxiway g27,065 $ 6.T Design(60%) Taxiway $40,575 $ 7T Design (100%) Taxiway g42'705 $ 8.T Bid Phase Taxiway $17,566 $ 9.T Construction Grant Development Taxiway $2'295 $ 10.T Information Management System Taxiway $3'430 $ $ Lump Sum Fee Runway $449'628 $ Lump Sum Fee Taxiway g230,716 $ Total Lump Sum Fee $680'344 $ Total Time and Materials $ 16G 2 accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. - --2- - . .: . • _ .._. . . .--• - - --- - and any other documentation r asonably required by the COUNTY, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the COUNTY. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the COUNTY has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. •■* Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the COUNTY's prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the COUNTY agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the COUNTY's prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the COUNTY, pending resolution of the dispute provided that the COUNTY continues to pay to CONSULTANT all amounts that the COUNTY does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the COUNTY. Page 20 of 32 PSA Single Project Agreement 2017.010 Ver.2 1 6 G 2 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. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the COUNTY. Such expenses, if approved by the COUNTY, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the COUNTY, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. 8.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the COUNTY. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the COUNTY. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Page 21 of 32 PSA Single Project Agreement 2017.010 Ver.2 16G2 B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the COUNTY before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. Page 22 of 32 PSA Single Project Agreement 2017.010 Ver.2 16G2 SCHEDULE B —ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Senior Planner $210 Senior Project Manager $195 Senior Planner $160 Senior Engineer $160 Engineer $130 Senior Designer $115 Planner $110 Designer $110 Senior GIS Specialist $145 Clerical $60 Surveyor & Mapper $135 Survey 2-Man Crew The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. • *Grant Funded: The above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. Page 23 of 32 PSA Single Project Agreement 2017 010 Ver.2 ,,f SCHEDULE C 1 6 G 2 PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days Task/Item For Completion Description from Date of Notice to Proceed for Services under this Agreement Project Development 60 1 2 Data Collection 90 3 Planning/Environmental 180 4 Alternative Development 120 5 Design (30%) 90 6 Design (60%) 180 7 Design (100%) 260 8 Bid Phase 280 9 Construction Grant Development 300 10 Information Management System 280 Page 24 of32 PSA Single Project Agreement 2017.010 Ver.l 16G2 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 COUNTY or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the COUNTY shall be filed with the COUNTY 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 the COUNTY, on a timely basis, if requested by the COUNTY. 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 COUNTY. CONSULTANT shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT 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 COUNTY applicable to this Project. 6. The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY 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 COUNTY. Page 25 of 32 PSA Single Project Agreement 2017.010 Ver.2 CAO 16G2 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the COUNTY 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 the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the COUNTY and CONSULTANT. The COUNTY 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 COUNTY to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the COUNTY, 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 COUNTY with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the COUNTY may terminate the Agreement for cause. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Required by this Agreement? ■ Yes I I No Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. The insurance company shall waive all claims rights against the COUNTY and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker's Act coverage shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes Ill No 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Required by this Agreement? Yes ■ No 13. COMMERCIAL GENERAL LIABILITY. Required by this Agreement? I Yes I I No A. 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, Page 26 of 32 PSA Single Project Agreement 2017.010 Ver.2 16G 2 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 COUNTY of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate. B. 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. 14. Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. 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. Required by this Agreement? ❑ Yes No 16. 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. Required by this Agreement? n Yes ❑■ No 17. AUTOMOBILE LIABILITY INSURANCE. Required by this Agreement? n Yes n No Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. Page 27 of 32 PSA Single Project Agreement 2017.010 Ver.2 .i1\ 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Required by this Agreement? ❑ Yes I■) No Technology Errors and Omissions Insurance: Coverage shall have minimum limits of $ Per Occurrence. 19. CYBER INSURANCE. Required by this Agreement? ❑ Yes No Cyber Insurance: Coverage shall have minimum limits of$ Per Occurrence. 20. UMBRELLA LIABILITY. A. 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. B. 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. 21. PROFESSIONAL LIABILITY INSURANCE. Required by this Agreement? ❑ Yes ❑ No A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against COUNTY as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the COUNTY. C. 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 COUNTY. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the COUNTY, 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 the COUNTY of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the COUNTY 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 Page 28 of 32 PSA Single Project Agreement 2017.010 Ver.2 16G2 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 the COUNTY. 22. VALUABLE PAPERS INSURANCE. 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. 23. PROJECT PROFESSIONAL LIABILITY. A. If the COUNTY notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the COUNTY and the COUNTY'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 the COUNTY. Should no credit accrue to the COUNTY, the COUNTY and CONSULTANT, agree to negotiate in good faith a credit on behalf of the COUNTY 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. B. The CONSULTANT agrees to provide the following information when requested by the COUNTY or the COUNTY's Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the COUNTY elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the COUNTY will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D Page 29 of 32 PSA Single Project Agreement 2017.010 Ver.2 16G2 ❑ This schedule is not applicable. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hole Montes, Inc. (company's name) 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 Services for IMM Runway Rehabilitation &Taxiway Extension Projects "project is accurate, complete and current as of the time of contracting. BY: Richard E. Brylanski TITLE: Vice President DATE: 112/011.9-01c: Page 30 of 32 PSA Single Project Agreement 2017.010 Ver.2 ti o 16G 2 SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time Tim Parker, P.E. Project Manager 80% Rick Brylanski,P.E. Principal-in-Charge 10% Byron Taylor, P.E. Senior Project Engineer 40% Tom Murphy, P.S.M. Surveyor As needed Austin Brown, E.I. Project Engineer 80% Jim Kriss, P.E. QA/QC Manager 20% Carl Johnson, E.C, A.C.E. Senior Airfield Lighting Specialist 70% Russ Holiday, P.E. Senior Airfield Engineer 70% Mary Soderstrum, AIA,NCARB Senior Airport Planner As needed Paul D'Huyvetter,P.E. Geotechnical Engineer As needed Elisabeth Gaines, P.E. Surveyor As needed Shane Johnson Senior Ecologist As needed Page 31 of 32 PSA Single Project Agreement 2017.010 Ver.1 16G2 SCHEDULE G Other: Grant Provisions & Assurances (Description) C following this page (pages 1 through 22) ❑ this schedule is not applicable Page 32 of 32 PSA Single Project Agreement 2017.010 Ver.2 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 CONTRACTOR COMPLIANCE REQUIREMENT OVERVIEW: DESIGN SERVICES Contracts>$250,000 The services performed by the awarded Contractor shall be in compliance with all applicable FAA regulations/requirements,and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts(e.g.subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor,lower-tier subcontractor or service provider. CONTRACT AND SOLICITATION CLAUSES (1-18) 1. ACCESS TO RECORDS AND REPORTS 2 CFR§200.333; 2 CFR§200.336; FAA Order 5100.38 (Contract Clause A1.3 also applies to subcontracts.) CONTRACT CLAUSE A1.3 (Access to Records and Reports): The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the contractor which are directly, pertinent to the specific contract for the purpose of making audit,examination,excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 2. BREACH OF CONTRACT TERMS 2 CFR§200 Appendix II(A) (Applies to contracts $150,000 or more.) CONTRACT CLAUSE A3.3 (Breach of Contract Terms): Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The County will provide the Contractor or Consultant written notice that describes the nature of the breach and corrective actions the Contractor or Consultant must undertake in order to avoid termination of the contract. County reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the County elects to terminate the contract. The County's notice will identify a specific date by which the Contractor or Consultant must correct the breach. County may proceed with termination of the contract if the Contractor or Consultant fails to correct the breach by deadline indicated in the County's notice. The duties and obligations imposed by the Contract Documents and the rights and FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June 19,2018. Page 1 3/29/2019 9:35 AM p.33 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 remedies available there under are in addition to,and not a limitation of,any duties,obligations,rights and remedies otherwise imposed or available by law. 3. CIVIL RIGHTS - GENERAL 49 USC §47123 CONTRACT CLAUSE A5.3.1(General Civil Rights Provisions): The contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are promulgated to ensure that no person shall,on the grounds of race, creed, color, national origin, sex, age,or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the hid solicitation period through the completion of the contract.This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 4. CIVIL RIGHTS - TITLE VI ASSURANCE SOLICITATION CLAUSE A6.3.1 (Title VI Solicitation Notice): Collier County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement,disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,color,or national origin in consideration for an award. CONTRACT CLAUSES A6.4.1 (Title VI Clauses for Compliance with Nondiscrimination Requirements): During the performance of this contract, the contractor, for itself, its assignees, and successors in interest(hereinafter referred to as the"contractor") agrees as follows: i) Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities,as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. ii) Nondiscrimination: The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR part 21. iii) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race,color,or national origin. iv) Information and Reports: The Contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects;Issued on June 19,2018. Page 2 3/29/2019 9:35 AM p.34 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP)Grants CFDA 20.106 compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate,and will set forth what efforts it has made to obtain the information. v) Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non- discrimination provisions of this contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling,terminating,or suspending a contract,in whole or in part. vi) Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. CONTRACT CLAUSES A6.4.5(Title VI List of Pertinent Nondiscrimination Acts and Authorities): During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the"contractor")agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,color,national origin); •49 CFR part 21 (Non-discrimination in Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); •Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race,creed,color,national origin,or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects;Issued on June 19,2018. Page 3 3/29/2019 9:35 AM p.35 CA0 16G . Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); •Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,color,national origin,and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100); • Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). 5. CLEAN AIR AND WATER POLLUTION CONTROL 2 CFR§200,Appendix II(G) (Applies to all contracts and subcontracts that exceed $150,000.) CONTRACT CLAUSE A7.3(Clean Air and Water Pollution Control): Contractor*agrees to comply with all applicable standards,orders,and regulations issued pursuant to the Clean Air Act(42 U.S.C. §740- 7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the County immediately upon discovery. The County assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. *Contractor must include this requirement in all subcontracts that exceed$150,000. 6. DEBARMENT AND SUSPENSION 2 CFR part 180(Subpart C);2 CFR part 1200;DOT Order 4200.5 (Applies to contracts and subcontracts of $25,000 or more.) SOLICITATION CLAUSE A11.3.1 (Certification of Offeror/Bidder Regarding Debarment): By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. LOWER TIER CONTRACT CERTIFICATION A11.3.2 (Certification of Lower Tier Contractors Regarding Debarment): The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a"covered transaction",must verify each lower tier participant of a"covered transaction"under FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects;Issued on June 19, 2018. Page 4 3/29/2019 9:35 AM p.36 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP)Grants CFDA 20.106 the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: i. Checking the System for Award Management at website: http://www.sam.gov. ii. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment,above. iii. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction,the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. 7. DISADVANTAGED BUSINESS ENTERPRISE 49 CFR part 26; 49 CFR§26.53 (Applies to contracts that exceed $250,000.) REQUIRED PROVISIONS Al2.3; SOLICITATION LANGUAGE Al2.3.1(Solicitations that include a Project Goal): Information Submitted as a Matter of Bidder Responsiveness The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR§26.53. As a condition of bid responsiveness,the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: a. The names and addresses of Disadvantaged Business Enterprise(DBE)firms that will participate in the contract; b. A description of the work that each DBE firm will perform; c. The dollar amount of the participation of each DBE firm listed under(a.) d. Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under(a.)to meet the Owner's project goal; and e. If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. Information Submitted as a Matter of Bidder Responsibility The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in its commitment within five days after bid opening. f. The names and addresses of Disadvantaged Business Enterprise(DBE)firms that will participate in the contract; g. A description of the work that each DBE firm will perform; h. The dollar amount of the participation of each DBE firm listed under(f.) i. Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under(f.)to meet the Owner's project goal;and j. If Bidder or Offeror cannot meet the advertised project DBE goal,evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June 19,2018. Page 5 3/29/2019 9:35 AM p.37 16G2 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 SOLICITATION LANGUAGE Al2.3.2 (Race/Gender Neutral Means): The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation,apply to this contract. It is the policy of the Collier County Airport Authority, as owner of the Collier County General Aviation Airports, to practice nondiscrimination based on race,color,sex,or national origin in the award or performance of this contract. Collier County encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification.These requirements apply to all bidders, including those who qualify as a DBE. A DBE contract goal of 4.2 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. The bidder will be required to submit the following information with their proposal on the forms provided herein: (k) The names and addresses of DBE firms that will participate in the contract; (I) A description of the work that each DBE firm will perform; (m)The dollar amount of the participation of each DBE firm participating; (n)Written documentation of the bidder's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (o) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under(4); (p)If the contract goal is not met, evidence of good faith efforts. DBE PRIME CONTRACTS Al2.3.3 (Projects Covered by a DBE Program) Contract Assurance(§26.13) The Contractor or subcontractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate,which may include, but is not limited to: q) Withholding monthly progress payments; r) Assessing sanctions; s) Liquidated damages; and/or t) Disqualifying the Contractor from future bidding as non-responsible. Prompt Payment Mechanisms 026.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contract receives from the Authority. The prime contractor agrees further to return retainage payments to each subcontractor within thirty(30)days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Authority. This clause applies to both DBE and non-DBE subcontracts. FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June 19,2018. Page 6 16G Coflief County Solicitation 1O-7551 Exhibit 1-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP)Grants CFDA 20.1.06 Florida Peportment orTronvIrtatiorinill?Certificatipn Reouirementsibr FAA Grant Funded Prkagets Directory( 26.3l) The Authority uses the Florida Unified Certification Program(FL UCP)DBE Directory, maintained by the Florida Department of Transportation(FDUIT).The Directory lists the firm's name,address, phone number,date of the most recent certification, and the type of work the firm has been certified to perform as a DBE. In addition, the Directory lists each type of work for which a firm is eligible to he certified by using the most specific NA1CS code available to describe each type of work. The Honda Department of Transportation updates the Directory at least annually, and periodically, as necessary, The Directory is available for review by contacting: Justin Lobb, Airport Manager, Collier County Airport Authority.2005 Mainsail Drive,Suite I. Naples, FL 34114, 239-642-7878. The Directory may be found at linpyw ww,dot,state.flais,'equaimportunitvoffieci C7ertification Process(§26.61 —26.73) The Authority will refer all matters pertaining to certification to the Florida Department of Transportation in accordance with the Florida UCP program. The Florida Department of Transportation will use the certification standards of Subpart D of Part 26 to determine the eligibility of firms to participate as OBEs in USDOT-assisted contracts. To be certified as a D13E, a firm most meet all certification eligibility standards.The Florida Department of Transportation will make all eerti 5eatioa decisions based on the facts as a whole. Par further infivinathm about the certification process or to apply fir certification,firms should coo/ac . Florida Department of Transportation (FDOT) Equal Opportunity Office 605 Suwannee St. MS 65 ahassee, Florida 32199-0450 (850)414-4747 Equal Opportunity Office httr://www.dot.state.fl.usfequalopportunityofficel County Administrative Reconsideration (§2633(d)) Within ten (10) days of being intOrmed by IN Authority that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Gene Shoe, Operations Support Director, Collier County Airport Authority, 2885 S. Horseshoe Drive, Naples, FL 34104, 239-252-5169.The reconsideration official will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it!net the goal or nuale adequate good faith efforts to do so, The bidder will have the opportunity to meet in person with the Authority's administrative reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Authority will send the bidder a written decision on reconsideration,explaining the basis for finding that FAA Guidelines for Contract Provisions for Obligated Sponsors and A1P Projects; Issued on June 19, 2018. Page 7 W2tt,2019 9.35 AM - 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the US Department of Transportation. 8. DISTRACTED DRIVING Executive Order 13513,DOT Order 3902.10 (Applies to subcontracts exceeding $3,500.) CONTRACT CLAUSE A13.3 (Texting When Driving): In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative,the County encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers,including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. 9. ENERGY CONSERVATION REQUIREMENTS 2 CFR§200,Appendix II(H) (Applies to subcontracts.) CONTRACT CLAUSE A14.3 (Energy Conservation Requirements): Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.6201 et seq). 10. EQUAL EMPLOYMENT OPPORTUNITY (EEO) 2 CFR§200,Appendix II(C),41 CFR§ 60-1.4, 41 CFR§60-4.3,Executive Order 11246 (Applies to all contracts and subcontracts >$10,000.) MANDATORY CONTRACT CLAUSE A16.3;A16.3.1 (EEO Contract Clause): During the performance of this contract,the contractor agrees as follows: (a)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June 19,2018. Page 8 3/29/2019 9:35 AM p.40 CM) 1bG2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 (b)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive considerations for employment without regard to race,color,religion,sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d)The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (f)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. (g) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:Provided,however,That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 11. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 29 U.S.C. § 201, et seq SOLICITATION CLAUSE A17.3: All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201,the Federal Fair Labor Standards Act(FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Contractor or Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor or Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division. FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June 19, 2018. Page 9 3/29/2019 9:35 AM p.41 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 12. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 31 U.S.C. § 1352—Byrd Anti-Lobbying Amendment; 2 CFR part 200;Appendix II(J); 49 CFR part 20; Appendix A (Applies to contracts and subcontracts =/>$100,000.) CONTRACT CLAUSE A18.3 (Certification Regarding Lobbying):The Bidder or Offeror certifies by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan, or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 13. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 20 CFR part 1910 (Applies to contracts and subcontracts.) CONTRACT CLAUSE A20.3:All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer, hereinafter known as"the Contractor,"must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee.The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects;Issued on June 19,2018. Page 10 3/29/2019 9:35 AM p.42 CAO 16G2 County Solicitation 1C3-755B &Mitt 1-01 Federal Aviation Administration Contract Provisions FAA Funded Airport improvement Program Projects(AIP)Grants CFDA 20.106 14. SEISMIC SAFETY 49 CFR part 41 CONTRACT CLAUSE A23.3(Professional Service Agreements for Design-Seismic Safety): In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard which provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake I lav,ards Reduction Program (NEI IRP). Local building codes that model their building code after the current version of the International Building Code(MC)meet the N BURP equivalency level for seismic safety, At the conclusion of the design services, the Consultant agrees to furnish the County a "ceitification of compliance" that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. 15. TAX DELINQUENCY AND FELONY CONVICTIONS Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act,2014(Pub. L„ 113-76),and similar provisions in subsequent appropriations acts. DOT Order 4200.6 CONTRACT CLAUSE A24.3 (Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions):The Contractor must complete the following two certification statements.(A.separats form for thc certification is provided at the end of this document.)The applicant must indicate its current status as it relates to tax delinquency and felony conviction by insering a checkmark (V) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications a) The applicant represents that it is( )is not(X )a corporation that has any unpaid Federal las liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not beim,paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. b) The applicant represents that it is C ) is not( X) is not a corporation that was convicted of a criminal violation under arty Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations,the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SIX))that the 51)0 has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four(24) months of a felony criminal violation under any Fedoral law and includes conviction(Wan offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. FAA Guidelines for Contract Provisions for Obligated Sponsors and AiP Projects;Issued on June 19, 2018. Page 11 3/290010 9;35 AM p 43 CAO 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP)Grants CFDA 20.106 Tax Delinquency:A tax delinquency is any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted,or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 16. TERMINATION OF CONTRACT 2 CFR§200 Appendix II(B); FAA Advisory Circular 150/5370-10; Section 80-09 (Applies to contracts =/>$10,000.) CONTRACT CLAUSE A25.3;A25.3.1 (Termination for Convenience Professional Services): The County may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the County,the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the County all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. County agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.County further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. CONTRACT CLAUSE A25.3;A25.3.2 (Termination for Default Professional Services): Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement.The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7]days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by County: The County may terminate this Agreement in whole or in part, for the failure of the Consultant to: i) Perform the services within the time specified in this contract or by County approved extension; ii) Make adequate progress so as to endanger satisfactory performance of the Project; iii) Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination,the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement,the Consultant must deliver to the County all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. County agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. County further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.If,after finalization of the termination action,the County determines the Consultant FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects;Issued on June 19,2018. Page 12 3/29/2019 9:35 AM p.44 C M) 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP)Grants CFDA 20.106 was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the County issued the termination for the convenience of the County. b) Termination by Consultant:The Consultant may terminate this Agreement in whole or in part,if the County: i. Defaults on its obligations under this Agreement; ii. Fails to make payment to the Consultant in accordance with the terms of this Agreement; iii. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, County agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof,by mutual consent. If County and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have,proceed with terminating all or parts of this Agreement based upon the County's breach of the contract. In the event of termination due to County breach, the Engineer is entitled to invoice County and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. County agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 17. TRADE RESTRICTION CERTIFICATION 49 USC§50104; 49 CFR part 30 SOLICITATION CLAUSE A26.3 (Trade Restriction Certification): By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror- a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S.firms as published by the Office of the United States Trade Representative(U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S.firms as published by the U.S.T.R;and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false,fictitious,or fraudulent certification may render the maker subject to prosecution under Title 18,United States Code,Section 1001. The Offeror/Contractor must provide immediate written notice to the County if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June 19, 2018. Page 13 3/29/2019 9:35 AM p.45 CA() 16G2 Collier County Solicitation 19-7558 Exhibit I-01 Federal Aviation Administration Contract Provisions FAA Funded Airport Improvement Program Projects (AIP) Grants CFDA 20.106 Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17,no contract shall be awarded to an Offeror or subcontractor: (d) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S.firms published by the U.S.T.R.or (e) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (f) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith,the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that,if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts.The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S.firms as published by U.S.T.R,unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the County cancellation of the contract or subcontract for default at no cost to the County or the FAA. 18. VETERAN'S PREFERENCE 49 USC§47112(c) CONTRACT CLAUSE A27.3(Veteran's Preference):In the employment of labor(excluding executive, administrative, and supervisory positions),the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. FAA Guidelines for Contract Provisions for Obligated Sponsors and AIP Projects; Issued on June 19, 2018. Page 14 3/29/2019 9:35 AM p.46 16G 2 Collier County Solicitation 19-7558 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES FAA GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE. Page Certification and Form GCA-2 Certification Regarding Debarment, Suspension,and Other Responsibility Matters— Primary Covered Transactions GCA-3 GCA-Certification Regarding Lobbying GCA-4 Collier County Conflict of Interest Certification GCA-5 Anticipated DBE,M/WBE or VETERAN Participation Statement GCA-6 Bid Opportunity List for Commodities and Contractual Services and Professional Consultant Services GCA-7 Acknowledgement of Grant Terms and Conditions GCA-8 Certification Regarding Tax Delinquency and Felony Convictions GCA- 3/29/2019 9:35 AM P.47 1 6 G Collier County Solicitation 19-7558 EXHIBIT I-02, GRANT CERTIFICATIONS AND ASSURANCES ..„, COLLIER COUNTY Certification Regarding Debarment, Suspension,and Other Responsibility Matters Primary Covered Transactions (I) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Arc not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposai been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in Connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph(I)(h) of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal.State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Design Services for IMM Runway Rehabilitation Robert L. Murray, P.E. &Taxiway Extension Projects Name Project Name Sr.Vice Pres./Principal 19-7558 Title Project Number Hole Montes, Inc. 59-1518838 irtri Tax ID Number 124843178 DUNS Number 6200 Whiskey Creek Drive, Fort Myers, FL 33919 Street Address,City State,Zip S mature \.-- OCA -2 3/29/2019 9:35 AM p.49 CM) 1 6 G 2 Collier County Solicitation 194558 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying (Federal and Soi) The undersigned certifies,to the best of his or her knowledge, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person far influencing or attempting to influence an officer or employee of an agency, a Member of Congress,zut officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into or any cooperative agreement, and the extension, cortinuation, renewal, amendment, cu. modi fication of any Federal contract,grant,loan,or cooperative agreement, (2) 1r any funds other than Federal appropriated funds have been paLl or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member or Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Me undersigned shall complete and submit Standard Form- LLL,"Disclosure Form to Report lobbying,"in accordance with its ins:ructions (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcortracts, subgrants, and contracts under grunts, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995), Any person who fails to file the required certification shall be subject to a civil penally of not less than $10,000 and rot more than$100,000 for each such failure. the Contractor, Hole Mantes, Inc, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if liny. In addition, the Contractor understands and agrees that the provisions or 31 U.S.C. § 3801 et seq.,apply o this certification and disclosure, if any, In addition, the Contractor understands and agrees that the provisions of 11,062, Florida Statutes., apply to this certification i iscicsure, if any. Signature of Contractor's Authorized Official Robert L. Murray, RE. Name of Authorized Official and Title Sr Vice President Principal 04/29/2019 Date CCA - 3 3/29/2019 9:35 AM r.4t1 110 16G collier County Solieii3lion 19-7558 EXI1113IT 1-02 GRANT CERTIFICATIONS AND ASSIIRANCES — „ COLLIER COUNTY Conflict of Interest Certification 19-7558 Collier County Solicitation No. Robert L, Murray , hereby certify that to the best of me knowledge, neither I nor my spouse, dependent child, generai partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee. or any person or organization with whom I um negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any twitter of my household. Also,to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse. parent or dependent child has or seeks enap,oyment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year arc parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter,and to disclose any interest t, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by,the conduct of this matter. Roe — Rooert L. Murray, P.E. Name Signature Senior Vice President/Principal 04/29/2019 Position Date Privacy Act Statement Title 1 of the Ethics in Government Act of 1978 (5 U.S.C. App.), Exceutive Order 12674 and 5 CFR Part 26.3€1, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interesi laws and regulations. Additional disclosures of the information on this report may he made:(I)to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain tiformation relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records munagement inspections; (5) to the Office of Management and Budget during Icgishitive coordination on private relief legislation; and (6)in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requestine, person onles5. authorized by law. See also the OGIVCIOVI-2 executive branch-wide Privacy Act system of records. GCA -4 3/29/2019 9;35 Aro P 50 1 Cotter Caonty .t*i AnitaIion 100..:7&59 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES • COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Statut Wift be.eritted. tltr erefatle statuses 4,17 equi re the PRIME to either proode a noosed statement or fttoe de source darumentat,an that yelidatet state. A. PRIME VENDOR/CONTRACTOR INFORMATION LA=ME NAM:. Palt.tE rub townie CONTR.:,C'T Citaiti,F.4.1CU,'4T Hole Montes, Inc. 59-1518838 TBD ,IS THE PRIME A ri.ORtDA,CEaTtr>'Eo D;SADYA.NTAG•ED. y'ETEA.idi Y N X%S'#TiE.ht-shOTt OF TtItS COUTRAt?_.. M1NgACEYORWOMEN'liUALESENTERPRISE? DUE V N x LGtAtS RttCTtON? "+M N X {DMEIMstAvBt"i ORMAEAWALL DISADVANTAGED YCi):*SULTAT1Or3? Y N SUSIP1ESS'SACERT1E1EAESDNMOM tYitoAk.it.MINESS 1.4E? NX ADMNISTRAT1ON7 ASERVICE DISARM VETERAN, w$V Y N x OTttEtY? r X N 5D>maA? Y ti IS ITHS SUMP,V,P,ON A A EI.1SiOtd Y N Jai EE YES,REt:SIO t t4UAt Eta:..,..,-._.. a IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO ISA DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/VIiot SUOCONTRACTOR OA SUPRA TYPE Of WORtt Ott tINNICITY CODE SUE/SUPPt.VEit. P ERCEPJ1 Of CONTRACT STTCRAra NAME SE>tLt:ALT(See below) DON AR AMOUNT CC1ILAR.S te111E AVGON,Inc. Engirtee'Ing b'AA TBD WI) WfiE/DI3E E.F.Gaines Sucveyincc Svcs.,Inc Survey NM+Ar 180 TBD • C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OS suBnt7TT R DATE TrSLE OF SUBMIT UR Robert L. Murray, P.C. O4/'29/2O19 Sr.Vice President/Principal EMAIL ADDRESS OE PRIME(SUGMETTER) TetZPtNONE E4UMBER FAX NUMBER BobMurray@HMertg.can 239.985.1200 239.985.1259 NOTE'.This Information Ls used t4 track and report anticipated DEL 9r Mt a perticipatHCn in federatrrfunded contract* The anticipated Ode or MSE amount in vor4mtari and vat nct tfecorne part of the cootrsctuat tomos.This fort,must be submitted at Ors.of respo'ne to a sok te iun, if and n,hem awarded a County contract,the;gime vol be riled to trona,*the inforrnabcn for the Stant reeve MC*fetes. 5S UMW COM Brack Amencan BA ►l:spank American HA _....... Epi ve American NA. SubccemT.Asian American SAA �.. Aton-Pacitic omencan ARA rstn ttdnerttf women NM* other not or are other_jrcup listed 0 D.SECTION TO BE CUNIPL.ETFD BY COLLIER COUNTY DEPAATNir?.1T NAME COWER CO`itP;.CT el 1EI'W or PD/MEC: GRANT FROGRat,t,CU TftACT I ACtEPTEO BY; oat CICA-S 3/29(2019 3 9.35 AM p.S1 CAO 1 6 G ? Collier County Solicitation 19-7558 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIEP.COUNY GRANT CC8-"PL1tPICE FOP.M plID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES It is the policy of collier County that disadvantaged businesses and minorzy vendors,as de;Fned in the Code of Federal Regulations(CFR)or F orit(a Statutes(FY),must have the opportunity to participate as contrasts with federal and/or Note grant assistance. Prime Contractor/PrimeConsultant: Hole Montes, Inc. Address and Phone Number: 6200 Whiskey Creek Dr., Fort Myers, FL 33919 239.985.1200 Procurement Number/Adoertisement Number: 19-7558 The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above.The list must include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1,2,3,and 4;and,should provide arty information they have for Numbers 5,6,7,and It.This form must be submitted with the bid package- 3. Federal Tax ID Number: 59-1518836 6.a DBE S. Annual Gross Receipts 2. Firm Name: Hole Monies,Inc. X Nan-DBE _Less than$1 million 3. Phone Number: 239.985.1200 Between 5 1-5 million 4. Address 6200 Whiskey Creek Dr. 11--tt X Between 5 5-10 million Fort Myers,FL 33919 7.1 I Subcontractorns -.Between 5 10-15 million FU-� Subooultant More than$15 million 5.Year Firm Established: 1966 1. Federal Tax ID Plumber: 59-2890463 6. DBE il. Annual Gross Receipts 2. Firm Name: AVCON,Inc. X Nan-DBE Less than 5 1 million 3. Phone Number: 407.599.1172 Between$1.5 million 4.Address 5555 E.Michigan St,#200 Between 5 5-10 million Orlando,FL 32822 7.B subcontractor `^Between 5 10-15 million X Subconsultant X More than$15 million 5.Year Firm Established: 1988 1. Federal Tax ID Number: 04-3653931 6.Fil DBE S. Annual Gross Receipts 2. Firm Name: E.F.Gaines Surveying Services,Inc. Non-DBE X Less than$1 million 3. Phone Number: 239.418.0126 Between$1-5 million 4. Address 5235 Ramsey Way,Ste.10 _Between$5-10 million Fort Myers,FL 33907 7. Subcontractor -_Between 5 10-15 million X Subconsultant More than$15 mil lion 5.Year Firm Established: 2002 1. Federal Tax ID Number: 65-0874962 6. OBE 8. Annual Gross Receipts 2. Finn Name: GFA International,Inc. X Nat-DBE _Less than$1 million 3. Phone Number: 239.489.2443 Between$1-5 million 4.Address 201 Waldo Ave.North Between$5-10 million Lehigh Acres,FL 33971 7.1E1Subcontractor Between$10-15 million Subconsultant X More than$15 million 5.Year Firm Established: 1988 GCA-6 3/29/2019 9:35 AM p.52 1 6 G 2 Collier County Solicitation 19-7558 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES CDLLIEP.cow4ri GRANT COMPLIANCE FORM 13ID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES Kis the parity of Collier County that disadvantaged businesses and minorityWEvrdon,as deinid in the code of federal Regulations(CFR)or Florida Statutes(FS)must have the opportunity to participate on contracts with federal and/or state grant assistance. Prime Contractor/PrimeConsultaM: Hole Montes, Inc. Address and Phone Number: 6200 Whiskey Creek Dr., Fort Myers, FL 33919 239.985.1200 Procurement Number/Advertisement Number: 19-7558 The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above.The rst must include the firm bidding or quoting as prime,as v.ell as subs and suppliers quoting for participation_Prime contractors and consultants must provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and B.This form must be submitted with the bid package 1. Federal Tax ID Number: 65-0667105 6.E DBE B_Annual Gross Receipts 2. Farm Name: Passarelle 8 Associates,Inc. Nan-DBE Less than Si million 3. Phone Number: 239.274.0067 Between 5 1-5 million 4.Address 13620 Metropolis Ave.,Suite 200 X Between 55-10 million Fort Myers,FL 33912 7. Subcontractor —.Between 5 16-15 million X Suboansultant ^-More than$15 million 5.Year Firm Ertablished: 1996 1. Federal Tax ID Number. 6.4---1 DBE B.Annual Gross Receipts 2. Firm Name: Non-DBE Lem than$1 million 3. Phone Plumber: _Between$i-5 million 4.Address _Between$5-10 million 7.ElSubcontractor —Between 5 10-15 million Subconsultant More than 515 million 5.Year Firm Established: PPP���111 1. Federal Tax ID Number: G.E1 1 DBE B. Annual Gross Receipts 2. Firm Name: Fuy Non-DBE _Less than$1 million 3. Phone Number: ._Between 5 1-5 million 4.Address Between 5 5-10 million 7.BSubcontractor —.Between 5 10-15 million Suboontuttant More than 5 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.8 DBE B. Annual Gross Receipts -- 2- Firm Name: Non-DBE Less than$1 million 3. Phone Plumber: Between 5 1-5 million 4.Address Between$5-10 million 7. Subcontractor —Between$10-15 million Suboonsuttant `r More than$15 million 5.Year Firm Established: GCA -6 3/29/2019 9:35 AM p.52 16G Collier County Sohottation 10-7551i EX rr 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIF.R COliNTY Acknowledgement of Terms,Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: if the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must he available to the Department tOr review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is hound by all applicable state and federal laws and regulations,and (iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288,703,Fla. Stat. Certification On behalf of ray firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor NaTie Hole Montes, Inc Date 04/29/2019 Author ized Signature 7 Robert L. Murray, P.E. - enior .e President/Principal Address 6200 Whiskey Creek Dr.; Port Myers, FL 33919 19-7555 Solicitation/Contract# CiCA -7 3/29/2019 0:35 AN Ch.53 1 6 G Collier Ct)LI my Solicitation 19-7558 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES ... COLLIER COUNTY Certification of Offeror/Bidder Regarding Tax Delinquency anti Felony Convictions The Contractor must complete the following two certification statemervs. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (i) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications a) The applicant represents that it is ( ) is not (X) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. h) The applicant represents that it is( )is not(x)is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24)months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. §3559. Ta X Delinquency:A tax delinquency is any unpaid Federal lax!iability that has been assessed, for which all judicial and administrative remedies have been exhausted,or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Robert L. Murray, P.E. Senior Vice President/Principal Name Title Hole Montes, Inc. Firm .., / - 4A, , / //2 Signature GCA -8 3/291201a 9:35 AM p.54 0 16G2 AC�® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/1/2019 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Kristin Neiert Arthur J. Gallagher Risk Management Services, Inc. PHONE o.Eat):239-262-7171 FAX,No):239-262-5360 1395 Panther Lane E-MAIL Naples FL 34109 ADDRESS: kristin_neiert@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company 20443 INSURED INSURER B:Valley Forge Insurance Company 20508 Hole Montes, Inc. PO Box 111629 INSURER c:Transportation Insurance Company 20494 Naples FL 34108 INSURERD:FCCI Insurance Company 10178 INSURER E:Travelers Casualty and Surety Co of America 31194 INSURER F: COVERAGES CERTIFICATE NUMBER:652730363 REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTRIVSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y 5091219837 1/1/2019 1/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) _ $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 5091219739 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED y NON-OWNED PROPERTY DAMAGE -- $ AUTOS ONLY _ AUTOS ONLY (Per accident) C X UMBRELLA LIAB X OCCUR 5091219787** 1/1/2019 1/1/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ O WORKERS COMPENSATION 001-WC19A-11003 1/1/2019 1/1/2020 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVEN N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Professional Liab. 106654411 1/1/2019 1/1/2020 Each Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Contract#19-7558"Design Services for IMM Runway Rehabilitation&Taxiway Extension Projects" *30 Days notice of Cancellation except 10 for Non-Payment of Premium. Certificate Holder is Additional Insured with regards to General Liability on a Primary Non-Contributory Basis.Wavier of Subrogation included in favor of Additional Insured for General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3301 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD