#12-5885 (Hole Montes, Inc. - MI Airport)MEMORANDUM
Date: December 7, 2012
To: Nicole Parker, Contract Specialist
Purchasing Department
Cc: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Contract #12 -5885 "Design and Related Services for the Marco
Island Executive Airport"
Contractor: Hole Montes, Inc.
Attached is a one (1) copy of the original document referenced above (Item
#14A1), approved by the Board of County Commissioners Tuesday, November
13, 2012.
The original will be held on file in the Minutes and Records Department as
part of the Board's Official Record.
If you have any questions, please contact me at 252 -7240.
Thank you
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throu h routing lines 41 through 44 complete the checklist and forward to Ian Mitchell (line 45)
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
11/13/12
Agenda Item Number
14 -A -1
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Emily R. Pepin, Asst. County Attorney
County Attorney
ERP
11/20/12
5.
Board of County Commissioners
%--,- \':%-�1Z
6. Minutes and Records
Clerk of Court's Office
l2(q I�f
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Nicole Parker, Procurement Specialist
Phone Number
252 -5270
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
11/13/12
Agenda Item Number
14 -A -1
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Contract #12 -5885 — Hole Montes (Marco
Number of Original
Two
Attached
Island Airport)
Documents Attached
INSTRUCTIONS & CHECKLIST
( I
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
ERP
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
ERP
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
ERP
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
ERP
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5.
In most cases (some contracts are an exception), the original document and this routing slip
ERP
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Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 11/13/12 and all changes made during
ERP
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
( I
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Contract #12 -5885 "Design and Related Services for the Marco Island Executive Airport
(MKY) Runway 17 -35 Rehabilitation Project"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of 20
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and
Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is
950 Encore Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design and Related
Services of the CONSULTANT concerning Marco Island Executive Airport (MKY) Runway
17 -35 Rehabilitation Project (hereinafter referred to as the "Project "), said services being more
fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated
herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Design and Related Services for
the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project in all
phases of the Project to which this Agreement applies.
1.2.
The
Basic Services to
be
performed by CONSULTANT
hereunder are set forth in
the
Scope
of
Services described
in
detail in Schedule A. The
total compensation to be
paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Robert L. Murray, a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
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to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including the Florida Building Code where
applicable, which regulate or have jurisdiction over the Project or the services to be provided
and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S
approval of the design documents in no way relieves CONSULTANT of its obligation to deliver
complete and accurate documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and /or deficient documents, failure to comply with local,
state and /or federal requirements and /or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all- inclusive,
and the County reserves the right to make sole determination regarding deductions. After
notification of deficiency, if the Consultant fails to correct the deficiency within the specified
timeframe, these funds would be forfeited by the Consultant. The County may also deduct or
charge the Consultant for services and /or items necessary to correct the deficiencies directly
related to the Consultant's non - performance whether or not the County obtained substitute
performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK
(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
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common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
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2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager "). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
8
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
0
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
I
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self- insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self- insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County, or reference this contract
number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
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10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
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10.4
CONSULTANT
acknowledges
and agrees that OWNER is a third party beneficiary of
each
contract entered
into between
CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
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12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
15
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
OR
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Joanne Markiewicz, Interim Purchasing /General Services Director
Fax: 239 - 732 -0844
162 All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
Telephone: 239 - 985 -1200; Fax: 239 - 985 -1259
Attn: Robert L. Murray
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
18
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
TRUTH IN NEGOTIATION CERTIFICATE
IN
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 12 -5885 Terms and conditions
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
20
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
21
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
Remainder of page intentionally left blank.
22
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement
for Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35
Rehabilitation Project the day and year first written above.
ATTEST:
Dwight E. Brock; Clerk
By:
Date
Attest as
Approved as to form and
le al sufficiency:
w
Witness /
Typed /Printed Name
Witness
Ixe cyL �77
Typed /P*ted Name
23
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Fred W. Coyle, Chairman
Hole Montes, Inc.
IfoBE
Typed /Printed Name and Title
S. Je. V t CE
Contract #12 -5885 "Design and Related Services for the Marco Island Executive Airport
(MKY) Runway 17 -35 Rehabilitation Project"
Schedule A
SCOPE OF SERVICES
This covers services through the design and bid phases and includes permitting with Florida Department of
Environmental Protection (FDEP) and County Development. Services during construction phase will be covered
under a separate work order.
PROJECT DESCRIPTION
The intent of the project is to rehabilitate Runway 17 -35 and a portion of the existing apron, along with
other associated improvements at the Marco Island Executive Airport. The existing runway will be rehabilitated at
its current length and width to accommodate existing aircraft traffic. The portion of the apron that was not improved
under the recent T- Hangar or Apron Expansion Projects will be rehabilitated. The method of rehabilitation will be
determined through the evaluation of alternatives based on results of geotechnical exploration, field surveys,
pavement conditions and consideration for minimal disruption of airport operations. The associated improvements
will include the following:
• Filling and grading of runway safety areas;
• Drainage improvements on and adjacent to apron;
• Replacement of runway edge lighting including addition of REILs at both ends of runway;
• New emergency power generator for airfield electrical vault including vault modifications;
• Relocation and replacement of rotating beacon;
• Relocated segmented circle;
• Run -up pad on Taxiway A near Runway 35.
• Adjust grade for Runway 35 PAPIs.
Obiective
The objective shall be timely delivery and successful completion by the CONSULTANT of all project management,
design and design related services necessary to initiate construction of all elements for improvements associated
with the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation project (PROJECT). The overriding
objective of the CONSULTANT is to keep this project on schedule, under budget and fully coordinated with all
parties.
Scope
The scope of this project is to provide design services for the rehabilitation of Runway 17 -35 at MKY. These design
services also include the evaluation of alternatives for any improvements necessary for completion of the project
including but not limited to an analysis of the pavement rehabilitation options for existing runway and apron
systems. The project will also include drainage improvements and grading and fill improvements to the runway
safety /object free areas. Services will also entail upgrade to the airfield lighting system and an emergency standby
generator power will be installed. Through the award of this contract and scope of services, the CONSULTANT is
assumed to be an expert in the field of airport airfield rehabilitation with the experience of numerous Federal
Aviation Administration (FAA) and Florida Department of Transportation (FDOT) funded projects of similar nature
and, as such, is solely responsible for designing a safe and efficient project in compliance with all regulations and
requirements.
TASK 1 — Project Development
During this task the CONSULTANT will administer and manage all aspects of the project development process.
This task will include the following items:
24
1.1 General Consulting /Project Management - General project consulting for the pre- design effort.
1.2 Subconsultant Administration - Sub - consultant negotiations, scope development and contract
administration.
1.3 County Meetings - Project development meeting to determine general project alternatives to be analyzed
during Task 3.
1.4 Grant Application Assistance (Design) - Assisting the COUNTY with development the Grant Application for
FAA Airport Improvement Program funds for the design portion of the PROJECT.
TASK 2 - Data Collection
During this task the CONSULTANT will administer and manage all aspects of the data collection process. This task
will include the following items:
2.1 Site Investigation - One site visit to review the project site include the civil and airfield electrical elements.
2.2 Ground Penetrating Radar (GPR) Investigation and Analysis - GPR investigation and analysis to locate
potential subsurface anolomies and determine the existing pavement structure.
2.3 Geotechnical Program - After analysis of the GPR data, geotechnical exploration, including borings, on -site
LBR and laboratory testing will be performed to further analyze the existing pavement structures and
adjacent site conditions.
2.4 Pavement Inspection and Crack Mapping - One site visit to inspect the existing pavement surface and
perform mapping of the existing surface cracking.
2.5 Site Topographical Survey - Topographical and cross - sectional survey to locate the existing pavement,
airfield lighting, underground utilities, and drainage system. The survey will also result in existing 0.5 foot
contours.
2.6 NOT USED.
2.7 Project Management - General project management associated with Tasks 2.1 thru 2.6.
2.8 Quality Control - Quality control associated with Tasks 2.1 thru 2.6.
2.9 County Meeting - One County meeting to review the results of the data collection.
TASK 3 - Planning /Environmental
During this task the CONSULTANT will administer and manage all aspects of the planning and environmental
process. This task will include the following items:
3.1 Project Justification /Alternative Analysis Report.
3.2 FAA/FDOT /County Pre - Design Charette.
3.3 ALD Update.
3.4 Environmental Checklist - Confirm that the project is covered under an existing Finding of No Significant
Impact (FONSI).
3.5 Review of Existing Permits - Review will include the existing permits issued by FDEP, US Army Corps of
Engineers, and Collier County, including mitigation program.
3.6 Project Management - General project management associated with Tasks 3.1 thru 3.5.
3.7 Quality Control - Quality control associated with Tasks 3.1 thru 3.5.
TASK 4 - Alternative Development
During this task the CONSULTANT will administer and manage all aspects of the alternative development process.
This task will include the following items:
4.1 Concept Layouts & Cost Estimates - The alternative chosen in Task 3.2 will be further developed into
concept layouts for COUNTY approval. Cost estimates will be developed for these concepts.
4.2 Cost/Benefit Analysis - A cost/benefit analysis will be performed for the concept layouts in Task 4.1.
4.3 Construction Phasing and Safety Plans Outline /Draft - Phasing and Safety Plans will be generally outlined
for COUNTY approval /input.
4.4 Technical Workshop /Preferred Concept Approval - A County meeting will be conducted to discuss the
results of Task 4.1 thru 4.3. The preferred concept will be chosen for complete design development.
4.5 Project Management - General project management associated with Tasks 4.1 thru 4.4.
4.6 Quality Control - Quality control associated with Tasks 4.1 thru 4.4.
25
TASK 5 — Design (30 %)
During this task the CONSULTANT will administer and manage all aspects of the 30% design development
process. This task will include the following items:
5.1 Cover /Notes /Contract Layout Plan — The development of general plan sheets to include, but not limited to,
the Cover Sheet, General Notes and the Contract Layout Plan.
5.2 Construction Phasing and Safety Plans — The development of the phasing and safety plans in accordance
with FAA Advisory Circular (AC) 150/5370 -2, Operational Safety on Airports During Construction, current
edition, The phasing plans will take into account airport operational needs, impact to the airport users and
constructability.
5.3 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will identified.
5.4 Geometric Design — FAA AC 150/5300 -13, Airport Design, current edition, will be utilized in establishing
proposed horizontal and vertical geometric layouts.
5.5 Pavement Design /Typical Sections — FAA AC 150 - 5320 -6, Airport Pavement Design and Evaluation,
current edition, will be utilized in designing the proposed pavement rehabilitation and identifying the typical
sections.
5.6 Grading and Drainage Design — FAA AC 150/5320 -5, Surface Drainage Design, current edition, and Florida
Department of Environmental Protection (FDEP) regulations will be utilized in analyzing the existing
drainage patterns and designing proposed drainage elements. Grading fill requirements for the runway
safety area and object free area improvements will be designed in accordance with AC 150/5300 -13,
Airport Design, current edition.
5.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will be analyzed and
impacts to those utilities will be coordinated with the proposed design elements. The proposed power
source for the new electrical vault in Task 5.9 will be identified.
5.8 Airfield Lighting and Signage — FAA AC 150/5340 -18, Standards for Airport Sign Systems, current edition,
and FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be
utilized to develop improvements /upgrades to the existing airfield lighting and signage system.
5.9 Electrical Vault and Generator Plan — FAA AC 150/5340 -30, Design and Installation Details for Airport
Visual Aids, current edition, will be utilized to develop upgrades to the existing airfield electrical vault. A
new generator will also be included in the design development.
5.10 Visual Aids Design — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current
edition, will be utilized to develop improvements /upgrades to the existing airfield visual aids.
511 Marking Plans — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to
develop marking layout for the proposed development.
5.12 Lighting Details — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current
edition, will be utilized to develop construction details for the airfield lighting and signage improvements.
5.13 Marking Details — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to
develop marking details for the proposed marking layout.
5.14 Technical Specification Outline — FAA AC 150 - 5370 -10, Standards for Specifying Construction of Airports,
current edition, will be utilized to outline the required technical specifications.
5.15 Permitting Pre - application Meeting — In accordance with the FDEP requirements, a pre - application meeting
will be conducted to discuss the drainage impacts and design approach. A meeting will also be conducted
with Collier County Development to discuss the need for local approvals.
5.16 Cost Estimates — The 30% Design Development drawings will be utilized to develop conceptual cost
estimates for budgeting purposes.
5.17 Plan Review Meeting — A Plan Review Meeting will be conducted with the CONSULTANT and COUNTY to
discuss the 30% Design Development drawings.
5.18 Project Management — General project management associated with Tasks 5.1 thru 5.17.
5.19 Quality Control /Coordination Review — Quality Control /Coordination Review associated with Tasks 5.1 thru
5.17.
TASK 6 — Design (60 %)
During this task the CONSULTANT will administer and manage all aspects of the 60% design development process
and respond to all 30% comments received. This task will include the following items:
6.1 Cover /Summary of Quantities /Notes /Contract Layout Plan — The continued development of general plan
sheets to include, but not limited to, the Cover Sheet, Summary of Quantities, General Notes and the
Contract Layout Plan.
iO
6.2 Construction Phasing and Safety Plans — The continued development of the phasing and safety plans in
accordance with FAA AC 150/5370 -2, Operational Safety on Airports During Construction, current edition.
The phasing plans will take into account airport operational needs, impact to the airport users and
constructability.
6.3 Demolition Plan — Using the data collected in Task 2, demolition of existing site elements will continue to be
identified.
6.4 Geometric Design — FAA AC 150/5300 -13, Airport Design, current edition, will continue to be utilized in
establishing proposed horizontal and vertical geometric layouts.
6.5 Pavement Design/Typical Sections — FAA AC 150 - 5320 -6, Airport Pavement Design and Evaluation,
current edition, will continue to be utilized in designing the proposed pavement rehabilitation and identifying
the typical sections.
6.6 Grading and Drainage Design — FAA AC 150/5320 -5, Surface Drainage Design, current edition, and Florida
Department of Environmental Protection (FDEP) regulations will continue to be utilized in analyzing the
existing drainage patterns and designing proposed drainage elements. Grading fill requirements for the
runway safety area and object free area improvements will be designed in accordance with AC 150/5300-
13, Airport Design, current edition.
6.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will continue to be
analyzed and impacts to those utilities will be coordinated with the proposed design elements.
6.8 Airfield Lighting and Signage — FAA AC 150/5340 -18, Standards for Airport Sign Systems, current edition,
and FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will
continue to be utilized to develop improvements /upgrades to the existing airfield lighting and signage
system.
6.9 Electrical Vault and Generator Plan — FAA AC 150/5340 -30, Design and Installation Details for Airport
Visual Aids, current edition, will continue to be utilized to develop upgrades to the existing airfield electrical
vault. A new generator will also be included in the design development.
6.10 Visual Aids Design — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current
edition, will continue to be utilized to develop improvements /upgrades to the existing airfield visual aids.
6.11 Marking Plans — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will continue to be
utilized to develop marking layout for the proposed development.
6.12 Drainage Details — Florida Department of Transportation (FDOT) Design Standards, current edition, will
continue to be utilized to develop construction details for the drainage improvements.
6.13 Lighting Details — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current
edition, will continue to be utilized to develop construction details for the airfield lighting and signage
improvements.
6.14 Marking Details — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will continue to be
utilized to develop marking details for the proposed marking layout.
6.15 Miscellaneous Details — Additional details not described in Tasks 6.12 thru 6.14 will be incorporated into
the Design Development drawings.
6.16 Cross Sections — The geometric and drainage design in Tasks 6.4 and 6.6 will continue to be modeled and
cross sections developed.
6.17 Project Specifications— FAA AC 150 - 5370 -10, Standards for Specifying Construction of Airports, current
edition, will be utilized to develop the required specifications. Federal requirements for construction projects
will also be incorporated.
6.18 Drainage Modeling and Permit Submittal — In accordance with the FDEP requirements, drainage modeling
will be conducted to analyze the drainage design. A Collier County Site Development Submittal will also be
made to address drainage improvements.
6.19 Cost Estimates — The 60% Design Development drawings will be utilized to develop cost estimates for
budgeting purposes.
6.20 Engineer's Report — In accordance with FAA requirements, an Engineer's Report will be developed
describing the project design, phasing, and estimated cost. Requests for all Modifications to Standards will
be included in the Engineer's Report.
6.21 Plan Review Meeting — A Plan Review Meeting will be conducted with the CONSULTANT and COUNTY to
discuss the 60% Design Development drawings.
6.22 Project Management — General project management associated with Tasks 6.1 thru 6.21.
6.23 Quality Control /Coordination Review — Quality Control /Coordination Review associated with Tasks 6.1 thru
6.21.
TASK 7 — Design (100 %)
During this task the CONSULTANT will administer and manage all aspects of the 100% design development
process and respond to all 60% comments received. This task will include the following items:
27
7.1 Cover /Summary of Quantities /Notes /Contract Layout Plan — The final development of general plan sheets
to include, but not limited to, the Cover Sheet, Summary of Quantities, General Notes and the Contract
Layout Plan.
7.2 Construction Phasing and Safety Plans — The final development of the phasing and safety plans in
accordance with FAA AC 150/5370 -2, Operational Safety on Airports During Construction, current edition.
The phasing plans will take into account airport operational needs, impact to the airport users and
constructability.
7.3 Demolition Plan - Using the data collected in Task 2, demolition of existing site elements will finalized.
7.4 Geometric Design — FAA AC 150/5300 -13, Airport Design, current edition, will be utilized in finalizing the
proposed horizontal and vertical geometric layouts.
7.5 Pavement Design/Typical Sections — FAA AC 150 - 5320 -6, Airport Pavement Design and Evaluation,
current edition, will be utilized in finalizing the pavement rehabilitation and typical sections.
7.6 Grading and Drainage Design — FAA AC 150/5320 -5, Surface Drainage Design, current edition, and Florida
Department of Environmental Protection (FDEP) regulations will be utilized in analyzing the existing
drainage patterns and finalizing the drainage elements. Grading fill requirements for the runway safety
area and object free area improvements will be designed in accordance with AC 150/5300 -13, Airport
Design, current edition.
7.7 Utility Design — Existing utilities identified in the data collection process of Task 2 will be analyzed and
impacts to those utilities will be coordinated with the proposed design elements.
7.8 Airfield Lighting and Signage — FAA AC 150/5340 -18, Standards for Airport Sign Systems, current edition,
and FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current edition, will be
utilized to finalize improvements /upgrades to the existing airfield lighting and signage system.
7.9 Electrical Vault and Generator Plan — FAA AC 150/5340 -30, Design and Installation Details for Airport
Visual Aids, current edition, will be utilized to develop upgrades to the existing airfield electrical vault. A
new generator will also be included in the design development.
7.10 Visual Aids Design — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current
edition, will be utilized to finalize improvements /upgrades to the existing airfield visual aids.
7.11 Marking Plans — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to
finalize the marking layout for the proposed development.
7.12 Drainage Details — Florida Department of Transportation (FDOT) Design Standards, current edition, will be
utilized to finalize construction details for the drainage improvements.
7.13 Lighting Details — FAA AC 150/5340 -30, Design and Installation Details for Airport Visual Aids, current
edition, will be utilized to finalize construction details for the airfield lighting and signage improvements.
7.14 Marking Details — FAA AC 150/5340 -1, Standards for Airport Markings, current edition, will be utilized to
finalize the marking details for the proposed marking layout.
7.15 Miscellaneous Details — Additional details not described in Tasks 7.12 thru 7.14 will be incorporated into
the Design Development drawings.
7.16 Cross Sections — The geometric and drainage design in Tasks 7.4 and 7.6 will be modeled and cross
sections finalized.
7.17 Project Specifications — FAA AC 150 - 5370 -10, Standards for Specifying Construction of Airports, current
edition, will be utilized to finalize the required specifications. Federal requirements for construction projects
will also be incorporated.
7.18 Drainage Permit Requirements Incorporated — Issued permits will be reviewed and Permit General
Conditions included in Design Development drawings.
7.19 Cost Estimates — The 100% Design Development drawings will be utilized to develop final cost estimates.
7.20 Engineer's Report — In accordance with FAA requirements, an Engineer's Report will be finalized
describing the project design, phasing, and estimated cost. Requests for all Modifications to Standards will
be included in the Engineer's Report.
7.21 Plan Review Meeting — A Plan Review Meeting will be conducted with the CONSULTANT and COUNTY to
discuss the 100% Design Development drawings.
7.22 NOT USED.
7.23 Project Management — General project management associated with Tasks 7.1 thru 7.22.
7.24 Quality Control /Coordination Review — Quality Control /Coordination Review associated with Tasks 7.1 thru
7.22.
TASK 8 — Bid Phase
During this task the CONSULTANT will administer and manage all aspects of the bid process. This task will include
the following items:
28
8.1 Respond to 100% Comments /Bid Documents — Respond to and incorporate the 100% comments received.
Develop Bid Documents to be distributed to potential bidders by the COUNTY.
8.2 Advertise & Pre -Bid Assistance — Assist County Purchasing with public notice to bidders and bid
documents.
8.3 Pre -Bid Conference — Conduct pre -bid conference to discuss the project elements with potential bidders.
8.4 Addendum Preparation and Response to RFIs — Respond to bidder requests for information (RFI) and
assist County Purchasing with project addenda.
8.5 Recommendation for Award /Bid Tabulation — Tabulate the bid results and recommend project award.
8.6 County Meeting — One meeting to discuss the bid results and award recommendation.
TASK 9 — Construction Grant Development
During this task the CONSULTANT will assist the Authority with the construction grant development process. This
task will include the following items:
9.1 Grant Application Assistance (Construction) — Assisting the COUNTY with development the Grant
Application for FAA Airport Improvement Program funds for the design portion of the PROJECT.
9.2 County Meeting /Coordination for Construction Contract — Meet with and assist the COUNTY with
development of the construction contract.
TASK 10 — Information Management System
During this task the CONSULTANT will administer and manage all aspects of the information management system.
This task will include the following items:
10.1 Document Sharing Portal Management — Provide and maintain an automated internet based document
management system utilizing Microsoft SharePoint. This system will be utilized to record plan changes,
make available draft and final plans and specifications, document progress reports, make available meeting
minutes, etc. The COUNTY will have password controlled access to the system to view, download and
upload information related to the PROJECT. This project automation will assist the CONSULTANT and
the COUNTY to more efficiently and effectively manage the documentation and the sharing of information
related to this project.
DELIVERABLES
• Ten (10) sets (11 "x17 ") of the 30% development documents, including the plans.
• Ten (10) sets (11 "x17 ") of the 60% development documents, including the technical specifications,
plans and engineer's report.
• Ten (10) sets (11 "x17") of the 100% development documents, including the technical
specifications, plans and engineer's report.
• Ten (10) signed and sealed bid sets (22 "x34 ") and one (1) CD of the bid documents including
technical specifications, plans and engineer's report.
• The COUNTY will have Internet access to document management system to obtain and print
documents including all submittals.
ASSUMPTION
County Purchasing to prepare up -front construction documents for bidding and contract award.
• County to pay for all permit application fees.
• Inclusion of run -up pad is based on no wetland impact and need for U.S. Army Corps of Engineers
permit for this project.
W
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
of Mr. Bob Tweedie, Project Manager, Collier County Airport Authority, Marco Island Executive
Airport, 2003 Mainsail Drive, Naples, FL 34114
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have been
completed to OWNER'S reasonable satisfaction.
TASK
LUMP SUM FEE FOR:
FEE
PAYMENT SCHEDULE
1.
Project Development
$ 32,204.00
Monthly Upon Percent
Complete of Task
2.
Data Collection
$ 72,085.00
Monthly Upon Percent
Complete of Task
3.
Planning /Environmental
$ 42,624.00
Monthly Upon Percent
Complete of Task
4.
Alternative Development
$ 35,327.00
Monthly Upon Percent
Complete of Task
5.
Design (30 %)
$ 99,862.00
Monthly Upon Percent
Complete of Task
6.
Design (60 %)
$162,367.00
Monthly Upon Percent
Complete of Task
7.
Design (100 %)
$171,608.00
Monthly Upon Percent
Complete of Task
8.
Bid Phase
$ 23,337.00
Monthly Upon Percent
Complete of Task
9.
Construction Grant Development
$ 6,552.00
Monthly Upon Percent
Complete of Task
10.
Information Management System
$ 14,034.00
Monthly Upon Percent
Complete of Task
TOTAL FEE Total Task Items 1 -10)
$660,000.00_
30
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of six hundred sixty
thousand Dollars ($660,000.00) to be paid to CONSULTANT for the performance of the
Basic Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number
of the purchase order granting approval for such services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
31
B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from /to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.4.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
32
ATTACHMENT 1 TO SCHEDULE B
Personnel Category
Hourly Rate
Principal
$195
Senior Project Manager
$165
Project Manager
$148
Senior Engineer
$155
Engineer
$119
Senior Inspector
$85
Inspector
$65
Senior Planner
$140
Planner
$110
Senior Designer
$115
Designer
$100
Environmental Specialist
$115
Senior GIS Specialist
$145
GIS Specialist
$100
Clerical
$60
Surveyor and Mapper
$130
CADD Technician
$85
Survey Crew - 2 man
$130
Survey Crew - 3 man
$160
Survey Crew - 4 man
$180
This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional,
support and other services shall be mutually negotiated by the County and firm on a project by
project basis as needed.
33
"Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35
Rehabilitation Project"
Schedule C
PROJECT MILESTONE SCHEDULE
The schedule for the design development is anticipated to be three hundred (300) calendar days
from issuance of Notice to Proceed.
• Submit Project Justification /Alternative Analysis (PJAA) report consistent with
Tasks 3 and 4 sixty (60) calendar days from issuance of Notice To Proceed.
• Submit 30% design plans, technical specification outline and cost estimate sixty
(60) calendar days from receipt of comments on PJAA report.
• Submit 60% design plans, project specifications, cost estimate and draft
engineer's report sixty (60) calendar days from receipt of comments on 30%
submittal.
• Submit 100% final construction plans, specifications suitable for bidding plus
engineer's report and cost estimate ninety (90) calendar days from receipt of
comments on 60% submittal and comments from FDEP and County Development
on permit application submittals.
• Schedule for services during bidding is based on thirty (30) calendar day bid
period.
34
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the
limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the services until the date of completion and acceptance of the Project by the
OWNER or as specified in this Agreement, whichever is longer.
(4) Certificates of insurance (2 copies) acceptable to the OWNER shall be filed with
the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
35
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain,
until the completion of the subconsultant's services, insurance of the types and to the limits
specified in this Section except to the extent such insurance requirements for the subconsultant
are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages
required herein, the OWNER may terminate the Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days
after demand, OWNER has the right to offset these costs from any amount due CONSULTANT
under this Agreement or any other agreement between OWNER and CONSULTANT. The
OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for
the coverages purchased or the insurance company or companies used. The decision of the
OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
36
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
The amounts of such
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X_ Not Applicable
37
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
_X—General Aggregate $2,000,000
Products /Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000
Fire Damage $ 50,000
38
(2) The General Aggregate Limit shall apply separately to this Project and the policy
shall be endorsed using the following endorsement wording. "This endorsement modifies
insurance provided under the following: Commercial General Liability Coverage Part. The
General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your
projects away from premises owned by or rented to you." Applicable deductibles or self - insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional
Insured and the policy shall be endorsed that such coverage shall be primary to any similar
coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property
damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable _X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable _X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes
39
No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than
Bodily Injury & Property Damage - $ 500,000
X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to
insure its legal liability for claims arising out of the performance of professional services under
this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims
under this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
_X_ $1,000,000 each claim and in the aggregate
40
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
41
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self - insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
42
ACORf> CERTIFICATE OF LIABILITY INSURANCE
UATE(MM / °DIYYVY)
10/9/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
ONTACT
NAME: Kr Stan
PHONE FAX
AIC No : - -
Lutgert Insurance - Naples
PO Box 112500
Naples FL 34108
E -MAIL
ADDRESS:
2082970875
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A
$1,000,000
INSURED HOLEM -1
INSURER B:CONTI NENTAL CAS
20443
INSURERC:FCCI INS GO
10178
Hole Montes, Inc
INSURER D:CQNTINENTAL.INS
$100,000
HM &A Building & Trustee, LLC
P. O. Box 111629
$5,000
Naples FL 34108
INSURER E:
INSURER F:
$1,000,000
COVFRAGFS CERTIFICATE NUMBER:'1QQFR917R REVISION NUMBER:1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
R
WVD
POLICY NUMBER
POLICY EFF
IMMIDDIYYYYI
POLICY EXP
(MMIDDIYYYY)
LIMITS
D
GENERAL LIABILITY
2082970875
1/1/2012
/1/2013
EACH OCCURRENCE
$1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMA ET RENTED
PREMISES Ea occurrence
$100,000
MED EXP (Any one person)
$5,000
CLAIMS -MADE X1 OCCUR
PERSONAL & ADV INJURY
$1,000,000
X Contractual Liab
X
Broadened Cover
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$2,000,000
$
POLICY X PRO- 1-1 LOC
D
AUTOMOBILE LIABILITY
2082970830
/1/2012
/1/2013
=D nt
$1,000,000
BODILY INJURY (Per person)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X
HIIRED AUTOS X AUTOS
PROPERTY DAMAGE
Per accident
$
A
X
UMBRELLA LIAB
X
OCCUR
2082970567
1/1/2012
/1/2013
EACH OCCURRENCE
$5,000,000
AGGREGATE
$5,000,000
EXCESS LIAB
CLAIMS -MADE
DED X I RETENTION$O
$
C
WORKERS COMPENSATION
11003
/1/2012
/1/2013
X WC STATU- 'ER
EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR /PARTNER /EXECUTIVE
E.L. EACH ACCIDENT
$500,000
E.L. DISEASE -EAEMPLOYEd
$500,000
OFFICER /MEMBER EXCLUDED? ❑
(Mandatory in NH)
NIA
E.L. DISEASE - POLICY LIMIT
1 $500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
B
Professional Liability
AEH1 13988730
1/1/2012
/1/2013
Per Claim 2,000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
Contract #12 -5885 "Design and Related Services for the Immokalee Regional Airport (IMM) Runway 9 -27 Rehabilitation Project" and Marco
Island Executive Airport (MKY) Runway 17 -35 Rehabilitation project"
Holder is Additional Insured with regards to General Liability on a Primary & Non - Contributory Basis for any and all work performed on behalf
of Collier County. Wavier of Subrogation is included for General Liability in favor of Additional Insured.
`30 Days notice of Cancellation except 10 for Non - Payment of Premium.
GtK I RIGA I t NULUtK l/M19VGL LA 11 11
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Board of County Commissioners, Collier County Florida ACCORDANCE WITH THE POLICY PROVISIONS.
Purchasing Department - Attn: Joanne Markiewicz, Interim
Interim Purchasing /General Services Director AUTHORIZEEDD� REPRESENTATIVE
3327 3 i Trail East '✓f•
Naples s FL FL 34 4112 -4901
ACORD 25 (2010/05)
U "I yi16 -LVIU AI.VRU I.URf'V RH I IUrv. nu nyn�a rcacl va
The ACORD name and logo are registered marks of ACORD
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Hole Montes, Inc. hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the services of the CONSULTANT to be provided under the
Professional Services Agreement, concerning Design and Related Services for the Marco
Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project are accurate, complete
and current as of the time of contracting.
Hole Montes, Inc.
BY.
TITLE: ytC,!!�
DATE: 1 DL1 yLI Z
43
SCHEDULEF
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
KEY
PERSONNEL
Luc Carriere
Steve Henriquez
Kelli Leonard
Rick Brylanski
Walt Gilcher
Byron Taylor
Mike Thompson
Dennis Comb
Tom Murphy
Garret Kerly
David Schmidgall
Shane Johnson
POSITION
Sr. Project
Manager
Principal
Sr. Engineer
Sr. Project
Manager
Sr. Engineer
Engineer
Sr. Planner
Sr. Engineer
Surveyor
Mapper
Sr. Engineer
Engineer
Environmental
44
MKY % TIME
COMPANY
ALLOCATION
HM
35
URS
2.5
URS
35
HM
7
HM
2
HM
15
URS
5
URS
10
HM
1
URS
15
URS
20
Passarella
2