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Backup Documents 12/11-12/2012 Item #16B 1 .. _ .._ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16B 1 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#1 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 through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Emily R. Pepin,Esq. County Attorney Office 0(31 a 'j.i' 5. BCC Office Board of County Commissioners /f`�J� 6. Minutes and Records Clerk of Court's Office `Tt ` (2-1(S f(Z 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,need 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 Diana DeLeon Phone Number 252-8375 Contact Agenda Date Item was December 11,2012 Agenda Item Number 16.B.1 Approved by the BCC Type of Document Contract Amendment to Immokalee Number of Original 1 Attached Stormwater Improvements Documents Attached 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. 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. This includes signature pages from ordinances, U 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 W/A 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 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 signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. I"'P 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 I/off l a (enter date)and all changes made during the meeting have been incorporated in the attached document. The i l.- County Attorney's Office has reviewed the changes,if applicable. �i 4 fib 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26:05-Revis-x2.24.05,Revised 9.18.09 1681 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, December 18, 2012 4:47 PM To: Muckel, Bradley Subject: Agenda Item#16B1 Dec 11 BCC Mtg Attachments: #12-5863 (Amend #1 w_URS Corp).pdf Hi Brad, Attached is the signed UR5 Contract Amendment for the CRA's records; approved by the Board last Tuesday. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 1661 EXHIBIT A-1 Contract Amendment#001 to Contract "CEI Services for Immokalee Downtown Stormwater Improvements" This amendment, dated Decemeber 11, 2012 to the referenced agreement shall be by and between the parties to the original Agreement,URS Corporation(to be referred to as"Contractor")and Collier County, Florida,(to be referred to as "Owner"). Statement of Understanding RE: Contract# 12-5863 "CEI Services for Immokalee Downtown Stormwater Improvements" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "Al-A" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through 03/31/13. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of$67,950.00, Sixty-Seven Thousand Nine-Hundred Fifty Dollars and Zero Cents, as per Exhibit"Al-A". All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF,the Contractor and the County have each,respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: e i e,,,,1,4?- i( ,20 t z ATTEST: OWNER: COMMUNITY REDEVELOPMENT AGENCY c COLLIE OUNTY,F ORIDA 1 • ' t ,•ht'1 y.'B c�Y; rk *� By: ;C ' �1 t, ', •' r,..� Do na Fiala,Chairman ' t IS By:J y'�,/ Bradley Muckel, Project Manager CONTRACTOR: URS Corpo •o DEPARTMENT DIRECTOR .. B B Picaate w No 1-, Nest r Fernan Penny Philli i i h" i 7) I/{ rS•visA-y r"h 1/l ,e4' Approved as to form and DIVISION ADMINISTRATOR egal s uffici ., y: ♦ i i.���'� lug By: N/A Assista 11 Coun i Attorne' PROCU' if�N RATEGIST r;rni i R. Ptelr item .1t.1� // Name Y By 1i/ le Agenda aibli, Pitt Johnson Date Date ri,..-n H2, 1 __ 1 l ,,,- ,-„,..- 16B 1 Attachment Al-A CLAUSES FOR ALL CONTRACTS (Updated 05/24/2012) For compliance with 24 C.F.R. Section 85.35(i) 1. Termination (Cause and/or Convenience) (a) This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. (b) This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1(a) above. (c) If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. • If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. • For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. (e) Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract. (f) If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph (c)above. 2. Remedies 1681 Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree or in a Florida court of competent jurisdiction. 3. Access to Records The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 4. Retention of Records The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 5. Environmental Compliance If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over$100,000. 6. Energy Efficiency The contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). 7. Conflicts with Other Clauses If this contract contains any clauses which conflict with the above clauses, then this contract will be governed by the clause(s) in S sec ti tt * *(enter: "this section" or"the other section(s)" in space above) CLAUSES FOR CONTRACTS COVERED BY SECTION 287.055, F. S. 1. Prohibition Against Contingent Fees The (,E I firm warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the(FT-Arm to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporations, individual, or firm, other than a bona fide employee working solely for the Cr l f 1 rrn any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this agreement. (Note: In each blank above, insert one of the following as applicable: professional engineer, architect, landscape architect or registered land surveyor, as applicable. The above language is specified by Section 6(a) of the statute and should not be changed.) 2. Adjustment of Contract Price If a Truth-in-Negotiation certificate was required for this contract, the firm agrees that the original contract price and additions thereto shall be adjusted to exclude any significant sums by 1681 which it is determined the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract. Note: A Truth-In-Negotiation certification is also required prior to contract execution. The statute does not prescribe any specific language, but the following language from the statute is acceptable: The wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting.