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HomeMy WebLinkAboutPuma Construction Company, Inc. - Amndt 3 to Agrmt - 3-30-2023UVUU0Ily1I CI Ivtnuyu IU. 7Ul..40 I UJ-UUCIi-'40 Il.-D yOy-`FI�UDHf'OH4Ly I AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF FRESNO AND PUMA CONSTRUCTION COMPANY, INC. THIS AMENDMENT NO.3 TO AGREEMENT (Amendment), is made and entered into .effective , 2023, by and between the CITY OF FRESNO, a California municipal corporation (City), and PUMA CONSTRUCTION COMPANY, INC., a California corporation (Contractor). RECITALS WHEREAS, City and Contractor entered into an agreement, dated September 24, 2020, incorporated herein (Agreement), for Public Work of Improvement Job Order Contract; and WHEREAS, City and Contractor entered into an amendment, dated June 24, 2021, increasing the maximum contract value of the Base Term of the Agreement by $700,000; and WHEREAS, City and Contractor entered into an amendment, dated March 24, 2022, increasing the maximum contract value of the Base Term of the Agreement by $700,000; and WHEREAS, the parties desire to increase the maximum contract value of the Base Term of the Contract by $1,000,000; and AGREEMENT NOW THEREFORE, the parties agree as follows: 1. Effective upon execution of this Amendment; the Base Term of the Agreement shall be increased by $1,000,000 for the current year. The Maximum Contract Value is $5,400,000 over the potential three one-year terms. 2. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. 3. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 4. Except as otherwise provided herein, the Agreement entered into by City and Contractor, dated September 24, 2020, remains in full force and effect. [Signatures follow on the next page.] -1- L/UUUJIIJ.II GI IvCluptC 1U. 7UliLD IUJ-ULJF-U-40 Il.-DyO y-YIJUDHrOM`FL.7I the Parties authorized agents have executed this IN WITNESS WHEREOF, Amendment at Fresno, California, the day and year first above written. Y CITY OF FRESNO, a California municipal corporation Do�usiyned by, 3/ 30/ 202 3 By: General Services Director APPROVED AS TO FORK ANDRE N City orn By:. an on . 0 et ate Senior Deputy ATTEST: TODD STERMER, CMC City 6b&ignedby: 3/30/2023 ByUKA13SB820964E3, L( - L 6 Date Deputy Addresses: CITY: City of Fresno Attention: Robin O'Malley 2101 G Street, Bldg C. Fresno, CA 93706 Phone: (559) 621-1212 -2- PUMA CONSTRUCTION COMPAN , INC., a California corporation By: Name: Title: tl�corporation or. LLC., Board Chair, P s_ o ce Pres.) Name: Title: �c�~ (if corporation or LC., CFO, Treasurer, Secretary or Assistant Secretary) CONTRACTOR: Puma Construction Company, Inc. Attention: Matt Folmer 4387 W. Santa Ana, #103 Fresno, CA 93722-3956 Phone: 559 27576100 FAX: 559 275-6779