Okaloosa County BOCC — January 21, 2014 — Hatch Mott — reading text

Hatch Mott Transmittal! tidgue MacDonald TO: Joanne L. Kublik Date: December 17, 2013 Company: Okaloosa County Purchasing Job #: Address: 602-C North Pearl Street Job Name: Okaloosa County Airports Crestview, Florida 32536-2749 Re: Master Agreement From: Heath Jenkins The following items are: XJ Attached or LJ under separate cover: C] Shop Drawings (] Prints/copies (€] Photos [J Mylars C1] Disks [] Address change [] Change order & Specifications [] Meeting minutes [] Cost estimates [C] Samples LI VE Report [CI Reports EX] Contracts &] Plans (] Submittals C1 Letters C1 Other Section | Revision | Quantity Description Code 5 Signed Agreements Remarks: These are transmitted as checked below: [J For approval CI Return of foaned prints Code Legend L] Forreview&comments (1 Return corrected prints Code 1 | No exception taken Code 2 | Make corrections noted For your use [1] Resubmit for review Code 3 | Amend & resubmit C) As requested [J Submit for distribution Code 4 Rejected — See remarks Code 5 Take action on sub- (11 For bids due consultant stamp They were sent via: [] Messenger C] FedEx C] ues C1 Express Mail CL) US Postal Mail [Special Delivery Other Personally Delivered Copy to: Signed: Heath Jenkins This document has been prepared for the titled 7 project or named part thereof and should not be relied upon or used for any other project without an independent check being carried out as to its suitability and prior written authority of Hatch Mott MacDonald being obtained. Hatch Mott MacDonald accepts no responsibility or liability for the consequences of this document being used for a purpose other than the purposes for which it was commissioned . Any person using or relying on the document for such other purpose agrees, and will be such use or reliance be taken to confirm his agreement, to indemnify Hatch Mott MacDonald for all loss or damage resulting therefrom. Hatch Mott MacDonald accepts no responsibility or liability for this document to any party other than the person by whom it was commissioned. To the extent that this document is based on information supplied by other parties, Hatch Mott MacDonald accepts no liability for any loss or damage suffered by the client, whether contractual or tortuous, stemming from any conclusions based on data supplied by parties other than Hatch Mott MacDonald and used by Hatch Mott MacDonald in preparing this document. Infrastructure and Environment 5111 North 12th Avenue Pensacola, FL 32504 T 850.484.6011 F 850.484.8199 www.hatchmott.com C:\Users\jen3 135 1.HMMG\Desktop\PROPOSALS\ Okaloosa Co. Aviation On Call\Transmittal to Okaloosa Purchasing.dac a AGREEMENT FOR PROFESSIONAL ARCHITECTURAL, ENGINEERING AND AVIATION PLANNING SERVICES Between the OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS and HATCH MOTT MACDONALD FLORIDA, LLC THIS AGREEMENT for professional architectural, engineering, and aviation planning services (the “Agreement”), is made and entered into as of the _12th day of December 7 2013__, by and between the Okaloosa County Board of County Commissioners, a public and governmental body existing under and by virtue of the laws of the State of Florida with a business address at 101 East James Lee Boulevard, Crestview, Florida 32536 (hereinafter referred to as “COUNTY’), and Hatch Mott MacDonald Florida, LLC, a Florida corporation with a business address at 5111 North 12" Avenue Pensacola, Florida 32504 (hereinafter referred to as “CONSULTANT"). WITNESSETH: WHEREAS, the COUNTY desires to employ the services of the CONSULTANT to provide professional architectural, engineering, and aviation planning services for the Okaloosa County Airports System, and WHEREAS, the CONSULTANT has stated that it is qualified, willing and able to perform the professional architectural, engineering, and aviation planning services required on the terms and conditions hereinafter set forth, and WHEREAS, the COUNTY has given public notice of the professional architectural, engineering, and aviation planning services to be considered pursuant to this Agreement, and WHEREAS, the selection of the CONSULTANT has been made in accordance with the provisions of FAA Advisory Circular 150/5100-14C, 49 CFR Part 18 and the Consultant's Competitive Negotiation Act, Section 287.055, Florida Statutes, NOW, THEREFORE, in consideration of the mutual premises and covenants herein set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Page 1 of 20 ARTICLE 1: BASIC SERVICES 11 1.2 1.3 1.4 The Basic Services of the CONSULTANT required under this Agreement by the COUNTY shall be described in separately authorized Task Orders (the “Services”). A sample Task Order is provided in Exhibit 1 attached hereto. Task Orders shall specify the Task Description/Scope of Services, Task Schedule, Task Deliverables, Compensation, and special provisions, if applicable. The CONSULTANT and the Services rendered by the CONSULTANT shall follow and conform to the Scope of Services and special provisions of each Task Order. Compensation shall be timited to the amount as mutually agreed upon by the CONSULTANT and COUNTY and shall be subject to approval by the Federal Aviation Administration for federally funded work and the Florida Department of Transportation for state-funded work, as applicable. The CONSULTANT’s Services will be paid for by the COUNTY for Services under each authorized Task Order as indicated in Article 7 hereof. The CONSULTANT shall, at its own expense, obtain all data and information (other than that referred to in Article 3 hereof) necessary for the performance of its Services. The COUNTY makes no guarantee as to the amount or type of projects that will be assigned. Projects will be assigned at the sole discretion of the COUNTY. No work will commence until a fully executed Task Order is received by the CONSULTANT. Professional services may include but not be limited to: architectural services; engineering studies; surveys; geotechnical investigations; engineering design; preparation of plans, specifications and contract documents; preparation of cost estimates; federal, state and local governmental agency permits (fees to be provided by COUNTY); construction inspections; construction management; contract administration; project completion certifications and record drawings as may be required; presentations to the Board of County Commissioners and the general public; appraisal and assistance in acquisition; assistance in identifying and acquiring grants and loans from federal agencies or other applicable sources of funding. The types of projects which may be assigned include any type of project which may be under the purview of the Okaloosa County Airports Department or any other County Department. The CONSULTANT is solely responsible to the COUNTY for correcting errors resulting from the CONSULTANT'S faulty or inaccurate performance. ARTICLE 2: ADDITIONAL SERVICES OF THE CONSULTANT If authorized in writing by the COUNTY, the CONSULTANT shall furnish Additional Services pursuant to this Agreement, which are considered by the COUNTY to be beyond the scope of an authorized Task Order. Additional services shall be documented by an additional Task Order and paid for by the COUNTY as indicated in Article 7 hereof. ARTICLE 3: OBLIGATIONS OF THE COUNTY 3.1 The COUNTY shall, with reasonable promptness, provide to the CONSULTANT available information regarding the requirements of the Services. Page 2 of 20 3.2 3.3 3.4 3.5 3.6 3.7 3.8 The COUNTY shall make all provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform Services under this Agreement, The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the scope or timing of the CONSULTANT'S Services. The COUNTY and the COUNTY’S employees, agents, contractors and subcontractors shall promptly report to the CONSULTANT any defects in or problems with the Services being provided hereunder by the CONSULTANT in order to permit the CONSULTANT to take prompt and effective corrective action to remedy the defect and minimize any consequences which may result from such defective work. Unless otherwise agreed to in an authorized Task Order under this Agreement, the COUNTY shall obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, right-of- way, and access necessary for the CONSULTANT'S Services or project construction. The COUNTY shall examine the CONSULTANT'S studies, reports, sketches, drawings, specifications, proposals, and other documents and shall render in writing decisions required by the COUNTY in a timely manner. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners of Okaloosa County. The Uniform Commercial Code as may be in effect from time to time in Florida shall prevail as the basis for determining the rights and obligations of the COUNTY hereunder. ARTICLE 4: OBLIGATIONS OF THE CONSULTANT 4.1 4.2 43 The CONSULTANT'S responsibility under this Agreement is to provide general professional services for the COUNTY for projects which may be assigned through this Agreement. The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Standard of Practice: The standard of care applicable to CONSULTANT’s Services shall be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed and in the same or similar locality. Subsurface Investigations: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect Page 3 of 20 44 4.5 the execution and costs of the authorized Services under this Agreement. These conditions and the execution/cost effects shall not be the responsibility of the CONSULTANT. The CONSULTANT will conduct the research that in its professional opinion is necessary and will prepare a plan indicating the locations for subsurface penetrations with respect to assumed locations of existing underground improvements. Such services by the CONSULTANT or its subconsultants will be performed in a manner consistent with the ordinary standard of professional care. The COUNTY recognizes, however, that such research may not identify all underground improvements and that the information upon which the CONSULTANT reasonably relies may contain errors or may be incomplete. Therefore, the COUNTY agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the CONSULTANT and anyone for whom the CONSULTANT may be legally liable, for damages to underground improvements resulting from subsurface penetrations in locations established by the CONSULTANT that are based on properly filed and available recards of said underground improvements. CONSULTANT's Personnel at Construction Site: The presence or duties of the CONSULTANT’s personne! at a construction site, whether as onsite representatives or otherwise, shall not make the CONSULTANT or the CONSULTANT'S personnel in any way responsible for those duties that belong to the