#12-5863 Amendment #1 (URS Corporation Southern)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
"A1 -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 "A1 -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.
ATTEST:
b,
fight E., B` c r
CONTRACTOR:
URS Corpo 0
By:
Nest r Fernandeli
Approved as to form and
Vegal sufficiqpqy: ,
L/ Assistaij Count Attorni�
F,m i lv K Rip ;h
Accepted: 7*1,t � f( , 20 (1—
OWNER:
COMMUNITY REDEVELOPMENT AGENCY
COLLIE OUNTY, F O. RJ DA
By:
Igo na Fiala, Chairman
By:
Bradley Muc el, Project Manager
DEPARTMENT DIRECTOR
By:
Penny Philli pi
DIVISION ADMINISTRATOR
U6.1
N/A
PROCU N RATEGIST
By
tt Johnson
Attachment Al -A
CLAUSES FOR ALL CONTRACTS (Updated 05/24/2012)
For compliance with 24 C.F.R. Section 85.35(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 I(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
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 -thi<C 5-e(,`h0lq * *(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 C E fi rm warrants that he has not employed or retained any company or person, other than a bona fide
employee working solely for the (FT_ i1[M 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
C0 h 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
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.