#04-3673 Amendment #3 (Carollo Engineers, P.C.)
Exhibit "A3-A"
Supplemental Terms and Conditions
Contract # 04-3673 "Professional Engineering Services for Design ofthe Northeast Water
Reclamation Facility and Water Treatment Plant"
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 devclopment and completion of all or part of the Northeast Facilities
Program (to be referred to as "Project").
"Hibernation StrateIN" 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 requircd for completing the Project.
Owner and Consultant agree to suspend (hibcrnate) primary services identified in Schedule A "Scope of
Services" in thc above refcrenced contract. Services provided during the Hibernation period shall be in
accordance with Article 2 "Additional Services of Consultant".
. Change Schedule C, Project Schedule from cxpiring January 17, 2009 to January 17,2015
. Add the following language Article 6 "Owncrship of Documcnts" of Contract as follows:
"In preparation for thc Hibernation, all records, documents, tracings, plans, specifications, maps,
evaluations, reports, computer assisted design or drafting disks and othcr technical data, prepared or
developed by CONSULT ANT under this Agreement to date shall be delivered to and become the
propcrty 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 filcs and
internal use."
. The Consultant may provide limited scrvices during the suspension (hibernation) period.
. Thc Hibernation Strategy may bc modified from time to timc by the Owner. Any such
modification to the Hibernation Strategy shall bc incorporated via change by letter.
. Owner and Consultant agree that it shall bc Owner's exclusivc right to decidc 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 bc notified in writing of the
Owner's intent to reactivate.
. Upon reactivation the Owner and Consultant will then mcet to negotiate mutually acceptable
changes to the Contract Scope of Services, Schcdulc A, Project implementation strategy, schedule
for performance, compensation and other provisions related to reactivation.
. If the Owner and Consultant fail to rcach a mutually acceptable agreement on the terms of
rcactivation, thc Owner can tcrminatc for convenience with no additional fees or compcnsation
due the Consultant.
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 abovc, thc
Consultant agrees to amend thc above refcrenced Contract as per the Supplemental Tcrms and Conditions
Exhibit "A3-A" attachcd 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) indieated below.
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CONSULTANT
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Car 10 ngi eers, .c.
By: Garv C. Deis
Title: CEO. Partoer
Dated: F ebruarv 8, 20 I 0
ATTEST:
Corporate SecretarylWitness
By: ~,r./I9IV, Yl'U.;A-^/
Dated: ;l./g/lAJ/fJ
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CORPORATE SEAL
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OWNER:
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~ fA.. lA', c.~..... Or,
Fred . Coyle, Chairman . 0
Approved as to form and
Legal suffieiency:
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Jenni B. WhIte
Assistant County Attorney