Backup Documents 09/10/2013 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6
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O ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Routed by Purchasing Department to
the Following Addressee(s) (In routing order) Office Initials Date
1. Risk Management Risk
2. County Attorney Office County Attorney Office
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3. BCC Office Board of County -- �( , '
Commissioners \ /&
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4. Minutes and Records Clerk of Court's Office
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5. Return to Purchasing Department Purchasing
Contact: Diana DeLeon
PRIMARY CONTACT INFORMATION
Name of Primary Diana DeLeon for Adam Northrup, Phone Number 252-8375
Purchasing Staff September 10,2013
Contact and Date
Agenda Date Item was September 10,2013 J Agenda Item Number 16.B.1
Approved by the BCC
Type of Document Amendment Number of Original 2
Attached Documents Attached
PO number or account N/A Solicitation/Contract 13-5988 CDM Smith
number if document is NumberNendor Name
to be recorded
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 COP
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.
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 the -.)1
Chairman's signature.
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MEMORANDUM
Date: September 16, 2013
To: Diana De Leon, Contract Technician
Purchasing Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to Contract #13-5988 "Professional Design
Consulting Services for Immokalee Stormwater Improvements
— Phase II"
Contractor: CDM Smith, Inc.
Attached is an original of the document referenced above (Agenda Item #16B2),
approved by the Board of County Commissioners on Tuesday, September 10,
2013.
The original will be held on file with the Minutes and Record's Department in the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
166 1
Contract Amendment#1 to Contract#13-5988 -
Professional Design Consulting Services for Immokalee Stormwater Improvements -
Phase II
This amendment, dated Sap-Fci,1n ,— (0, 2013 to the referenced agreement shall be by and
between the parties to the original Agreement, CDM Smith Inc., (hereinafter referred to as the
"CONSULTANT") and the Board of County Commissioners for Collier County, Florida
(hereinafter referred to as the "COUNTY" OR "OWNER").
Statement of Understanding
RE: Contract# 13-5988 - Professional Design Consulting Services for Immokalee Stormwater
Improvements - Phase II
In order to begin the services provided for in the original Contract Document referenced above,
in accordance with the Florida Department of Economic Opportunity, the Contractor agrees to
amend the above referenced Contract as per the Supplemental Conditions Exhibit Al-A
attached to this Amendment and incorporated herein by reference. The terms of any
Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict
in the terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions or the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Consultant at Owner's discretion.
The Consultant agrees that this amends the original Contract and that the Consultant agrees to
perform said services in accordance with Exhibit Al-A.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date (s) indicated
below.
ATTEST: OWNER:
4 , COMMUNITY REDEVELOPMENT
AGENCY COLLIE COU 1TY, FLORIDA
D ightE Brock Clerk �f
Attest as to.Charrrruan S Tim Nance, Chairman
sign"tvro only.
Approved as to form and
Legality:
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CONSULTANT:
CDM Smith, Inc.
First Witness Signature
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Type/Print Witness Name Typed Signature/Title
Second Witness
Type/Print Witness Name
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Attachment Al-A
CLAUSES FOR ALL CONTRACTS (Updated 05/24/2012)
For compliance with 24 C.F.R. Section 85.36(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 (I) 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
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provided in paragraph (c) above.
2. Remedies
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).
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