HomeMy WebLinkAboutAgreement A-23-089 First Amendment to Agreement No. 21-11-J.pdf 23-0063 Agreement No. 23-089
1 FIRST AMENDMENT TO AGREEMENT
2 THIS FIRST AMEDMENT TO AGREEMENT (First Amendment) is made and entered into this
3 28th day of February , 2023, by and between the County of Fresno (COUNTY) and Emmett's
4 Excavation, Inc. (CONTRACTOR).
5 WITNESSETH:
6 WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dated June 7, 2022
7 identified as Contract Agreement N. 21-11-J, incorporated herein by reference (the Agreement), for
8 CONTRACTOR to provide job order contract services, and
9 WHEREAS, the COUNTY and CONTRACTOR desire to increase the maximum compensation
10 payable under the Agreement by an additional $3,000,000, to provide sufficient funds to complete
11 construction undertaken by CONTRACTOR, as well as any other work orders issued to CONTRACTOR
12 prior to June 6, 2023, pursuant to the Agreement.
13 NOW, THEREFORE, COUNTY and CONTRACTOR, agree to amend the Agreement as follows:
14 1. The third sentence of that paragraph of Article IV "COMPENSATION," on page 2, lines,
15 27-32 of the Agreement, beginning with the word "The" on line 29 and ending with the dollar figure
16 13,000,000" on line 30, is hereby deleted in its entirety and replaced with the following sentence:
17 "The Maximum Contract Value is $6,000,000."
18 All other terms, conditions, mutual covenants, and promises contained in the Agreement
19 (including reference to the COUNTY as OWNER), shall remain in full force and effect, except as
20 hereinabove amended by this First Amendment. Upon execution of this First Amendment, the Agreement
21 and this First Amendment shall together be considered to constitute the Agreement.
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1 EXECUTED AND EFFECTIVE as of the date first set forth.
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3 EMMETT'S EXCAVATION, INC. COUNTY OF FRESNO
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5 �
By:
6 cret a Emmett S Q=the
Vice President Board of Supervisors
7 of the County of Fresno
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9 ATTEST:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 County of Fresno, State of California
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By:
14 Deputy
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21 ACCOUNTING:
ORG: 45104514
22 FUND: 010
23 SUBCLASS: 11000
ACCOUNT: 7295
24 MEMO: 00050
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