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Contract 2022-010ADocuSign Envelope ID: A3C73AA5-79D8-4FA3-AA7F-13409F7F06FE FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF PUBLIC WORKS OPERATIONS FACILITY THIS AMENDMENT is entered into as of this 8 day of February 2022 and is to that certain Agreement No. 2022-009 dated February 8, 2022 , hereinafter "the Agreement", by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter referred to as "CITY" and JOHNSON-LAUX CONSTRUCTION, LLC., whose address is: 650 Garden Commerce Parkway, Suite 100, Winter Garden, FL 34787 hereinafter referred to as "CONTRACTOR". The parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: I. This Amendment expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Amendment shall prevail. 2. Article 3.3 of the Agreement is hereby amended to include additional information as described in Attachment "A", attached hereto and incorporated herein. 3. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. CITY OF CLERMONT DocuSigned by: 431F57D413554D6... DS Freddy L. Suarez, ATTEST: ETDocuSigned by: ��y 3AD7F34905B344A... Services Director Tracy Ackroyd Howe, &v Clerk DocuSign Envelope ID: A3C73AA5-79D8-4FA3-AA7F-13409F7F06FE JOHNSON-LAUX CONSTRUCTION, LLC. DocuSigned by: l E By: F04764EE... (Signature) Print Name: Kevin Johnson Title: Vice President Date: 2/9/2022 DocuSign Envelope ID: A3C73AA5-79D8-4FA3-AA7F-13409F7F06FE ATTACHMENT "A" CONTRACTOR declares all Drawings and Specifications have been read carefully and have been considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Based on the provided plans and specifications, and the site's conformance with the same, the CONTRACTOR agrees to have fully satisfy themselves that site is suitable for the work, and assumes full responsibility therefore. It is expressly agreed that under no circumstances, conditions or situations shall this Agreement be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Existing elevations on site have not been verified by the CONTRACTOR. The CONTRACTOR'S bid is based on the plans and specifications provided and the subsequent quantities and methods determined therefrom. Per instruction by the CITY, a hauling permit will not be required for removal of materials from the site. CONTRACTOR shall not be liable for concealed conditions including but not limited to environmental and/ or geotechnical discrepancies in the plans or specifications. Various portions of work on the project site have been performed by others prior to contract execution by CONTRACTOR. The specific portions of work provided by others have bearing and impact the work to be provided by CONTRACTOR. The work by others has not been verified, documented and/ or as -built prior to contract execution and any impact to CONTRACTOR due to discrepancies from the plans shall be borne by the CITY. This paragraph specifically and only applied to the following work performed by the CITY. 1) Gopher Tortoise relocation 2) Constructed Stormwater pond 3) Utility pole relocation