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#05-3870 Amendment #1 (MWH Constructors, Inc.) Contract Amendment I to Contract # 05-3870 "Construction Management at Risk Services for the NERWTP and NEWRF" This amendment, dated ~f II> l(" , 2010 to the referenced agreement shall be by and between the parties to the original agreement, MWH 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 "AI-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 Construction Manager and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: //~ .<'/fi6' . , ~,'r " < ".. ATTESl!~' '. ". . ~\OC. "":'~'I;'\;"'~~"'::": 1 . W.'....,."' .,' ;,:' . I- ~,;l.",;c', ." ,_. _ ,\~ <.~~'..' "." ' . . . .' .. .."'~'> CONSTRUCTION MANAGER riI~rv1'-L MWH Con;;tructors, Inc. By: 15IM~ f"\, Title: '5'1<1. V. P Dated: ~.... . JlI. ZO/O L o..voIl CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLlE~WR~ By: Fred W. Coyle, Chairman .-- '-'-'~"'~'-'.----"._,-,,-,-_.~-----,.~.._~._-- Exhibit "Al-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 Strateav" 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. o 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-l. o The Construction Manager may provide limited services during the suspension (hibernation) period, o 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. o 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, o Upon Owner's decision to reactivate the Project, Construction Manager will be notified in writing of the Owner's intent to reactivate. o 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. o If the Owner and Construction Manager 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 Contract Manager. www,sunbiz,org - Department of State Page I of3 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Events Name Historv Entity Name Search I Submit I Detail by Entity Name Foreign Profit Corporation MWH CONSTRUCTORS, INC. Filing Information Document Number F93000004050 FEI/EIN 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 ROAD 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 Title VP LAVIOE, BLAIRE M - --...,"-.-.----- ..~---~--_.._- www.sunbiz.org - Department of State Page 2 of3 370 INTERLo.CKEN BLVD STE 300 BRo.o.MFIELD co. 80021 Title AS D'AGo.STA, JEFFREY 370 INTERLOCKEN BLVD, #300 BRo.o.MFIELD co. 80021 TitleTR GARSo.N, STEPHEN 370 INTERLo.CKEN BLVD STE 300 BRo.o.MFIELD Co. 80021 Title S CAVANAUGH, MICHAEL 370 INTERLo.CKEN Bo.ULEVARD, #300 BRo.o.MFIELD Co. 80021 Title AT SKINNER, Jo.HN T 380 INTERLOCKEN CRESCENT, #200 BRo.o.MFIELD Co. 80021 Annual Reports Report Year Filed Date 2008 04/08/2008 2009 04/30/2009 2010 02/05/2010 Document Images 02/05/2010 -ANNUAL REPo.RT 09/18/2009 .. Rllli"AgeotChange [ 04/30/2.Q09.. ANNUAL REPo.RT [ 04/08i;>Q08=ANNlJALBEPQRT [ 01)/21/2007= ANNlJALREPQ.RT [ 0.7/24/2QOI).=ANNlJALBEPORI [ 0.'1/29/2005 "ANJ'.JUALREPOFU [ 03109/2004 = ANNUAL REPo.RT [ 09/15/2003 = ANNUAL REPo.RT [ 08/14I2002,~ Re.!LAgent G.haOge [ 04/15/2002.. ANNUALREPo.RT [ 10/3Ji200Lcc.Reg.Agent Change I. 08/29!2001 "HarneChange [ 05!04/2001-=A!'.JNYAL.REPQB.I. [ 04/27/2090.. ANNl,/6L REPo.RT [ 03/oJI1999.=ANNlJALBEPOfU I 01L28Ll998_=AI\JNl,/6LREPORI [ 03110/1lill7.. ANNl,/ALREPQRT [ 02/12/1991:3 "ANNUAL BEPo.Rl. 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 format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format I View image in PDF format ] View image in PDF format I. View image in PDF format I View image in PDF format ] View image in PDF format ] View image in PDF format I. View image in PDF format I View image in PDF format ] www,sunbiz.org - Department of State Page 3 of3 [ 03/2S/1995.. ANNUAL REPORT. [ View image in PDF format View image in PDF format ] I II Note: This is not official record. See documents if question or conflict. I .er~y.tQ.Y~_9-"LL.J~j Next on List Return To List Entity Name Search [ Submit I Events Name History I Home I Contact us I Document Searches I E-Filing Services I Forms) Help I Copyright and Privacy Policies Copyright <0 2007 State of Florida, Department of State. '_.._-----~----.~-~---_._-