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Backup Documents 07/07/2015 Item #16D 6 (Amendment #1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR1 6 0 6 Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office ail (CC � 1IS 3. BCC Office Board of County Commissioners \A4-76/ c\zo\\S 4. Minutes and Records Clerk of Court's Office 01-2.0)1s-- ;17., 5. Return to Procurement Services Procurement Services Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Rhonda Cummings Phone Number 252-8375 Procurement Staff July 27,2015 Contact and Date Agenda Date Item was July 7,2015 Agenda Item Number 16.D.6 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached ,z,,s,.cr%Ar,,Q„ PO number or account N/A Solicitation/Contract 15-6437 MasTec number if document is Number/Company to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's — N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. s - 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for e Chairman's signature. 1606 MEMORANDUM Date: August 20, 2015 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #15-6437 and Amendment #1 "FPL Utility Conversion at Vanderbilt Beach Road" Contractor: MasTec North America, Inc. Attached is an original copy of the contract referenced above, (Item #16D6) approved by the Board of County Commissioners on Tuesday, July 7, 2015. An original amendment has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1606 • •: VIasTec CERTIFICATE OF CORPORATE SECRETARY I, ALBERTO DE CARDENAS, THE UNDERSIGNED, HEREBY CERTIFY that I am the Corporate Secretary of MasTec North America, Inc., a Florida corporation, (the "Corporation") and further certify that the following resolutions were duly adopted by written consent of the directors of said Corporation effective as of the 1st day of June, 2013 and that said consent is in accordance with the charter and by-laws of said Corporation and that said resolution has not been amended or revoked and is in full force and effect. RESOLVED,that John C.Audi,Regional Vice President-Utility Services Group of the Corporation is hereby authorized and empowered to sign any and all documents on behalf of the Utility Services Group of the Corporation appropriate or desirable in connection with any bid submitted to,or any contract entered into on behalf of • the Corporation for that Group,and to take such steps and do such other acts and things,as in their judgment may be necessary for the above purposes. WITNESS my hand and the seal of the Corporation effective . of the 1 si day of June,2013. Alb,rto(i e Cardenas Corporate Secretary (SEAL) • EXHIBIT H-1 Contract Amendment#1 to Contract#15-6437 1 6 13 6 "FPL Utility Conversion at Vanderbilt Beach Road" This amendment, dated J tA( -T , 20 (C to the referenced agreement shall be by and between the parties to the original Agreement; MasTec North America, Inc. (to be referred to as "Contractor") and Collier County, Florida,(to be referred to as"Owner"). Statement of Understanding RE: Contract# 15-6437-"FPL Utility Conversion at Vanderbilt Beach Road" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the Contract by the modified language below. Amendment#1: Add the following paragraph that was inadvertently left out of EXHIBIT H: GENERAL TERMS AND CONDITIONS, SECTION 8.3: rool 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5)years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law,whichever is later,pursuant to Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a)—(d)and(3)as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws,specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost,to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request,the public agency shall enforce the contract provisions in accordance with the contract. Note: Language deleted has been stuck-thhrough. New language has been underlined. All other terms and conditions of the agreement shall remain in force. Amendment Ito Contract 15-6437 1606 ; IN WITNESS WHEREOF,the parties have each,respectively,by an authorized person or agent,have executed this Amendment on the date(s)indicated below. Accepted 4 Ta\ 19 2016 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLL ' COUNTY,FLORIDA gbh- Contractor's First Witness: By: _6- f • Joanne Markiewicz,Director By. __ . . _ \ l,, Procurement Services Division Signature As v,CePrc1/40 ►C CONTRACTOR: Print Name MasTec North Anted.-. r c. Contract s Second Wiliness: By: 0.- 4 /1/1 ' ,A- 7 ! C. Audi By: Li o . •udi, Re.ional Vice President tot-u�Le-oruti�� Pr', ame and Title Print Ne „( roved as ttoonFormm annd Legality: ..,„, „:,, r2(e---- sistant County Attorne Amendment 1 to Contract 15-6437 CD