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Backup Documents 01/26/2010 Item #16C2 16C2 MEMORANDUM Date: February 18,2010 To: Dianna Perryman, Contract Specialist Purchasing Department 1'rom: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Amendment #1 to Contract #06-3939: "Northeast Regional Utilities Facility- Program Management Oversight" Contractor: Malcolm Pirnie Inc. j \ :: ,lched please find one (1) original contract amendment document, referenced above, (Agenda Item #16C2) approved by the Board of Cuunty Commissioners on .January 26, 2010. An original is also being kept on file in the Minutes and Records LJc:partment for the Board's Official Record. Ifvou should have any questions, please contact me at 252-8406. Thank you. j\ ': lchmcnt (1) 16C 2 V\).c., ()p ~ ~ F ITEM NO.: 10, d '-tIS FILENO.: ~~\ ROUTED TO: DATE RECEIVEQ; . -" I~. '. ('::-: DO NOT WRITE ABOVE THIS LINE kClII~~ 1x (loft ~ 4: c" (" <Jv6 ~, 1;A~~ ~ a'ltdl1> From: REQUEST FOR LEGAL SERVICES /" ft February 9, 2010 ~ cA . Office of the County Attorney/ .~ Attention: Jennifer B. White .,.{~. rvPl {1ft "7)/'-1" ~ Dianna Perryman, Contract Specialist f()i;#^ \) . Purchasing Department, Extension 4270 I Date: To: Re: 06-3969 "Northeast Regional Utilities Facility-Program Management Oversight" Contractor:~, Inc. Vl\UllDlrYl 1"1 rniG BACKGROUND OF REQUEST: This contract was approved by the BCC on January 26, 2010; l Jot V Agenda Item 16.C.2 ~lll J n,;, Item h" not be," ,,",,lo",ly "bmltt"". ~c: ACTION REQUESTED: ,. 'y,rr Amendment review and approval. A J . ~ "On WVl/C ~ W Z.\\'0ILO --~ OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 16C2 Contract Amendment 4 to Contract # 06-3939 "Northeast Regional Utilities Facility Program Management Oversight" This amendment, dated C!> :!.2.b ,2010 to the referenced agreement shall be by and between the parties to the original agreement, alcolm Pirnie Inc., (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 06-3939 "Northeast Regional Utilities Facility Program Management Oversight" In order to continue the services provided for in the original Contract document referenced above. the Consultant agrees to amend the above referenced Contract as per the Supplemental Terms and Conditions Exhibit "A4-A" attached to this Amendment and incorporated herein by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the daters) indicated below. CONSULTANT ATTEST: c"/ II ( i "'. L- -1r \ - -~--_..:. Corporate Secretary/Witness By: Robert H. French, P.E.. BCEE Dated: February 2, 20 I 0 " . 't'~; :L-; \~, 'l , .J>.~. CORPORATE SEAL -:..-:r:::-::. :'. \. -.". "-p~~,_.."----._._- Malcolm FIlii Inc. By: Nigel.. Grace, P.E., BCEE Title: Vice ploesident Dated: February 2, 2010 ....... A TrEST: "'.' , OWNER: . BOARD OF COUNTY COMMISSIONERS COLLIFR~OUNTY, FL. ORI+ . L4. w C By: Chairman - Item# ((aG7 , ~~ \-'-710-10 Date '1_ \(0-10 Rec'd q. 16C2 Exhibit "A4-A" Supplemental Terms and Conditions Contract # 06-3939 "Northeast Regional Utilities Facility Program Management Oversight" ['JuG- Definitions "Hibernate" or "hibernation" refers to the postponement, suspension or temporary stop work of part or all activities in the scope of work or services, as provided in Article 12.5 of the referenced Contract, in order to affect a planned delay in the development and completion of all or part of the Northeast Facilities Program (to be referred to as "Project"). "Hibernation Stratel!V" Northeast Facility Program Hibernation and Reactivation Strategy, identifying program activities during hibernation and reactivation "Reactivate" or "reactivation" refers to the resumption, restart of hibernated, suspended or postponed Project activities, or new activities required for completing the Project. . Owner and Consultant agree to suspend (hibernate) primary services identified in Schedule A "Scope of Services" in the above referenced contract. Services provided during the Hibernation period shall he in accordance with Article 2 "Additional Services of Consultant". . Add the following language Article 6 "Ownership of Documents" of Contract as follows: "In preparation for the Hibernation, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement to date shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use." . The Consultant may provide limited services during the suspension (hibernation) period. . The Hibernation Strategy may be modified from time to time by the Owner. Any such modification to the Hibernation Strategy shall be incorporated via change by letter. . Owner and Consultant agree that it shall be Owner's exclusive right to decide to reactivate the Project in accordance with the Hibernation Strategy and contract terms and conditions. . Upon Owner's decision to reactivate the Project, Consultant will be notified in writing of the Owner's intent to reactivate. . Upon reactivation the Owner and Consultant will then meet to negotiate mutually acceptable changes to the Contract Scope of Services, Schedule A. Project implementation strategy, schedule for performance, compensation and other provisions related to reactivation. . If the Owner and Consultant fail to reach a mutually acceptable agreement on the terms of reactivation, the Owner can terminate for convenience with no additional fees or compensation due the Consultant. 16C2 ~ MEMORANDUM Date: February 15, 2010 To: Dianna Perryman, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Amendment #1 to Contract #05-3870: "Construction Management at Risk Services for the NERWTP and NEWRF" Contractor: MWH Constructors, Inc. Attached please find two (2) original contract amendment documents, referenced above, (Agenda Item #16C2) approved by the Board of County Commissioners on January 26, 2010. An original document is also being kept in the Minutes and Records Department for the BOard's Official Record. If you should have any questions, please contact me at 252-8406. Thank you. Attachments (2) ITEM NO.: iD ' \>Q.(.- D\ui<;, ,BATE REC~~ 2 .- -! ,..., ~ r-"'.., FILE NO.: , n i. ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 29,2010 SRi])kQ :lJ3 )/0 To: Office of the County Attorney Attention: Jennifer B. White ( ,!" .y'<,' .fi~~ Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 From: Re: Agreement: Amendment #1 to Contract 05-3870 "Construction Mgmt. at Risk Services for the NERWTP and NEWRF" Contractor: MWH Constructors, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC January 26, 2010, Agend Item 16.C.2 This item has not been previously submitted. ACTION REQUESTED: Amendment review and approval. OTHER COMMENTS: Please forward to the Chairman Commissioners for signature after approval. concerning the document, please contact me. notification when the documents exit your office. of the Board of County If there are any questions Purchasing would appreciate Thank you. C: Alicia Abbott, PUPPMD ",ww,sunbiz.org - Department of State Page 1 of3 Home Contact Us E-Filing Services Document Searches Forms Help ~reviQy_!t!tRLis.t Next on List Return To List Entity Name Search I Submit I e~nts N~!l1~!:IisJofY Detail by Entity Name Foreign Profit Corporation MWH CONSTRUCTORS, INC. Filing Information Document Number F93000004050 FEIIEIN Number 841242056 Date Filed 09/07/1993 State DE Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 08/29/2001 Event Effective Date NONE Principal Address 370 INTERLOCKEN BLVD STE 300 BROOMFIELD CO 80021 US Changed 04/29/2005 Mailing Address 370 INTERLOCKEN BLVD STE 300 BROOMFIELD CO 80021 US Changed 04/29/2005 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAO PLANTATION FL 33324 US Name Changed: 09/18/2009 Address Changed: 09/18/2009 OfficerlDirector Detail Name & Address Title P ADAMS, JOSEPH D JR 370 INTERLOCKEN BLVD STE 300 BROOMFIELD CO 80021 TitleVP LAVIOE, BLAIRE M http://www.sunbiz.org/scripts/cordet.exe?action=D ETFlL&imL doc _ number=F9300000405... 2/9/2010 www.stmbiz,org . Department of State Page 2 of3 370 INTERLOCKEN BLVD STE 300 BROOMFIELD CO 80021 Title AS D'AGOSTA, JEFFREY 370 INTERLOCKEN BLVD, #300 BROOMFIELD CO 80021 Title TR GARSON, STEPHEN 370 INTERLOCKEN BLVD STE 300 BROOMFIELD CO 80021 Title S CAVANAUGH, MICHAEL 370 INTERLOCKEN BOULEVARD, #300 BROOMFIELD CO 80021 Title AT SKINNER, JOHN T 380 INTERLOCKEN CRESCENT, #200 BROOMFIELD CO 80021 16C 2 1 Annual Reports Report Year Filed Date 2008 04/08/2008 2009 04/30/2009 2010 02/05/2010 Document Images Q~iQ5/2QJJL:=-ANNU6LBB'QRI 09/18/2009 -:Re116gent Change [ 04/3012009=-6NNUI\L8EpOBI I 04/08/2008 -=-ANNUAL REPORT I 06/21/2007 =: ANNUAL REPORT I 07/24/2006", ANNUAL REPORT [ 04/29/2005 -- ANNUAL REPORT [ 03/09/2004-c ANNUAL REPORT [ 09/15/2003 =: ANNUAL REPORT I 08/14/2002 -cRego Agent Ch.nge I 04/1o/2002_:c.I\NN_LJAL REPORT. I 10/31/2001 -- Reg. Agent Change [ 08/29/2001 ,- N.me Ch.nge [ 05/04/2001 -- ANNUAL REPORT I 04/27/2000 =.6NN1JAi,RI;PQ8T _ [ 03/01/1999,- ANNUAL REPORT I 01/28/1998 -- ANNUAL REPORT I 03/10/1997 -- ANNUAL REP08I I 02/12/1996 -- ANNUAL REPORT View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF form.t ] View image in PDF format ] View image in PDF form.t ] View image in PDF format I View image in PDF format ] View image in PDF format j View im.ge in PDF format ] View image in PDF format j View image in PDF format I View im.ge in PDF form.t I View image in PDF format I View image in PDF format I View image in PDF format I http://www.sunbiz,org/scripts/cordet.exe?action~ [) ETFI ["&in'ldoc nnumber= F9300000405... 2/912010 www.sunbiz.org - Department of State Page 3 of3 16C2 I Q3/28/1995 "AN~I,JA,".RJ,E'QRJ L View image in PDF format View image in PDF format I ] Note: This is not official record. See documents jf question or conflict. I Previous on List tiextQrl_List RelurnToJ,t~t Entity Name Search I Submit] Ev~nl~ Nam_e t!i~lQ1)' I Home I Conti'lCt us I Document Searches I E-Filing Services I Forms I Help I Copvrigllt ,md Privacy Policies Copyright (c) LOO} State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc _ number~F9300000405... 2/9/20 I 0 Contract Amendment 1 to Contract # 05-3870 "Construction Management at Risk Services for the NERWTP and NEWRF" 16C2 This amendment, dated~, 2010 to the referenced agreement shall be by and between the parties to the original agreement, M"WH Constructors, Inc. (to be referred to as "Construction Manager") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 05-3870 "Construction Management at Risk Services for the NERWTP and NEWRF" In order to continue the services provided for in the original Contract document referenced above, the Construction Manager agrees to amend the above referenced Contract as per the Supplemental Terms and Conditions Exhibit "A I-A" attached to this Amendment and incorporated herein by reference. All otber terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Construction Manager and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the daters) indicated below. ATTES~: .~~ ///~ -z/. Corporate S?c)'etary/)Vitness ~~;e/ ~(.. ;'17((:( I ':C>''''''j . c:.;..','t'D. A~:r:"""", '..:: ' '. .'''' ~...~ "" '" . '....'. QLOC. :' ight E. Brojf k , :r&;., . ",'1:" . "'. .' ".~>' , .. ," "_""J . ':\.-_l..",..-;.":' ,<'j. ',/ 1 ~_ ....~\-':\\I , .-'iJ,:\\'- ~.: Jenlllfer B. White If Assistant County Attorney CONSTRUCTION MANAGER [$)-/ rf} ~ M Constructors, Inc. By: j$jG.\ C? TY\ 1-011)0/ ~ Title: 5~. V. P. Datcd: :Jill N 101. 'Z 0 )() CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLlI;:'~--10UNTY, FLOR!DA '\ By: 71-...L W c.,.'~ Fred W. Coyle, Chairmali . ltem# ltoQ Agenda \.. ')( -d D Dale ~ ~:d a-la-tD ~~O 16C2 Exhibit "A1-A" to Exhibit I - Supplemental Terms and Conditions 05-3870 "Construction Management at Risk Services for the NERWTP and NEWRF" 6. Definitions "Hibernate" or "hibernation" refers to the postponement, suspension or temporary stop work of part or all activities in the scope of work or services, as provided in Article 12.5 of the referenced Contract, in order to affect a planned delay in the development and completion of all or part of the Northeast Facilities Program (to be referred to as "Project"). "Hibernation StrateQV" Northeast Facility Program Hibernation and Reactivation Strategy, identifying program activities during hibernation and reactivation "Reactivate" or "reactivation" refers to the resumption, restart of hibernated, suspended or postponed Project activities, or new activities required for completing the Project. . Owner and Construction Manager agree to suspend (hibernate) primary services identified in Section 2 a "Scope of Services" in the above referenced contract. Any limited pre-Construction services provided during the Hibernation period shall be the result of mutual negotiation and in accordance with the hourly rates in Exhibit S-1. · The Construction Manager may provide limited services during the suspension (hibernation) period. · The Hibernation Strategy may be modified from time to time by the Owner. Any such modification to the Hibernalion Strategy shall be incorporated via change by letter. · Owner and Construction Manager agree that it shall be Owner's exclusive right to decide to reactivate the Project in accordance with the Hibernation Strategy and contract terms and conditions. · Upon Owner's decision to reactivate the Project, Conslruction Manager will be notified in writing of the Owner's intent to reactivate. . Upon reactivation the Owner and Construction Manager will then meet to negotiate mutually acceptable changes to the Contract Scope of Services, Section 2, as well as Project implementation strategy, schedule for performance, compensation and other provisions related to reactivation. . If the Owner and Construction Manager fail to reach a mutually acceptable agreement on the terms of reactivalion, the Owner can terminate for convenience with no additional fees or compensation due the Contract Manager. 16C2 MEMORANDUM Date: April 21, 2010 To: Dianna Perryman, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Amendment #3 to Contract #04-3673 "Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Water Treatment Plant" Contractor: Carollo Engineers, PoCo Attached please find two original contract amendments (Agenda Item #16C2), approved by the Board of County Commissioners on Tuesday, January 26, 20100 The original amendment document has been retained in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252-8411. Thank you. Attachment (1 ) "'!' 16C2 U. 1-+ {;!- ; i~' .1 wL "__I.. ~II IlL COUN1Y t\~JE~ECEIVED: i 0 " ";"Y} /' ,. O( u. 1(-f ITEM NO.: l- ,\4.J- FILE NO.: ROUTED TO: Z0lnFcp-1 p~l !:1.8 .. _ . l._ 1'1 . '+ DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 29,2010 From: Office of the County Attorney Attention: Jennifer B. White .J17. 0 Dianna Perryman., Contract Specialist J'J\..(J,."""-- Purchasing Department, Extension 4270 To: Re: Agreement: Amendment #3 to Contract 04-3673 "Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Water Treatment Plant" Contractor: Carollo Engineers, P.C. BACKGROUND OF REQUEST: This contract was approved by the BCC January 26. 2010, Agenda Item 16.C.2 This item has not been previously submitted. ACTION REQUESTED: Amendment review and approval. / OTHER COMMENTS: Please forward to the Chairman of the Board of County Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Alicia Abbott, PUPPMD c c;ar,..,,,. 16C2 Engineers... Working Wonders With Water'M April 13, 2010 7126 Alicia Abbott Collier County Wastewater Department, Public Utilities Division 3301 East Tamiami Trail, Building H Naples, FL 34112 Subject: Contract # 04-3673 Signature Page Dear Alicia: As per our telephone conversation today, enclosed is an original signed Exhibit A3-A. If you need anything further, please do not hesitate to contact me. Sincerely, CAROLLO ENGINEERS, P.C. C" , , \ I '. . I~C~. 0--- . \ Diane H. Cranford Contract Administrator Enclosures: Original Signature Page Exhibit A3-A AlJbOtt_201004 ExA3-A.docx 401 N Cattlemen Road. Suite 306. Sarasota. Florida 34232 P 941.371.9832 F.941.3719873 c.-oIlo.com ", .,. 16C2 Exhibit" A3-A" Supplemental Terms and Conditions Contract # 04-3673 "Professional Engineering Services for Design ofthe Northeast Water Reclamation Facility and Water Treatment Plant" Defmitions "Hibernate" or "hibernation" refers to the postponement, suspension or temporary stop work of part or all activities in the scope of work or services, as provided in Article 12.5 of the referenced Contract, in order to affect a planned delay in the development and completion of all or part of the Northeast Facilities Program (to be referred to as "Project"). "Hibernation Stratnv" Northeast Facility Program Hibernation and Reactivation Strategy, identifying program activities during hibernation and reactivation "Rellctivate" or "reactiwlJion" refers to the resumption, restart of hibernated, suspended or postponed Project activities, or new activities required for completing the Project. Owner and Consultant agree to suspend (hibernate) primary services identified in Schedule A "Scope of Services" in the above referenced contract. Services provided during the Hibernation period shall be in accordance with Article 2 "Additional Services of Consultant". . Change Schedule C, Project Schedule from expiring January 17,2009 to January 17,2015 . Add the following language Article 6 "Ownership of Documents" of Contract as follows: "In preparation for the Hibernation, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement to date shall be delivered to and become the property of OWNER This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use." . The Consultant may provide limited services during the suspension (hibernation) period. . The Hibernation Strategy may be modified from time to time by the Owner. Any such modification to the Hibernation Strategy shall be incorporated via change by letter. . Owner and Consultant agree that it shall be Owner's exclusive right to decide to reactivate the Project in accordance with the Hibernation Strategy and contract terms and conditions. . Upon Owner's decision to reactivate the Project, Consultant will be notified in writing of the Owner's intent to reactivate. . Upon reactivation the Owner and Consultant will then meet to negotiate mutually acceptable changes to the Contract Scope of Services, Schedule A, Project implementation strategy, schedule for performance, compensation and other provisions related to reactivation. . If the Owner and Consultant fail to reach a mutually acceptable agreement on the terms of reactivation, the Owner can tenninate for convenience with no additional fees or compensation due the Consultant. '. 16C2 Contract Amendment 3 to Contract # 04-3673 "Professional Engineering Services for Design ofthe Northeast Water Reclamation Facility and Water Treatment Plant" This amendment, dated , 20 I 0 to the referenced agreement shall be by and between the parties to the original agreement, Carollo Engineers, P.c., (to be referred to as "Consultant") and Collier County, Florida. (to be referred to as "Owner" or "County"). Statement of Understanding RE: Contract # 04-3673 "Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Water Treatment Plant" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per the Supplemental Terms and Conditions Exhibit" A3-A" attached to this Amendment and incorporated herein by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. AITEST: CONSULTANT ~~ By: Garv C. Deis Title: CEO. Partner Dated: Februarv 8. 2010 /\1',.. ." ~ Corporate Secretary/Witness By: .4 . ,.,..;f) I/l" Y HN' A-N' Dated: ~/I/ WID ~ C.. ,,, " ~'\' :.J'~ 'it': . "<:, :..... :..... ...~~...~~.: . , , ~ CORPORATE SEAL .~ OWNER: 'E. BrQQJc, q~.: ,'" ." Att ~. I$:'"'~'i~i~ , 4tgq~ ."~'h:'~:J' ~ "; ,,[; V ~,~, ~ . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '-t. .tl' ~ Qel Fred T Coyle, Chairnian 0""" Approved as to form and Legal sufficiency: Jenni~ :t?~ Assistant County Attorney ltem# j ~c.~ ~:da . t 12ft7{ I