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#11-5679 Amendment #1 (Gulf Paving, Inc.) EXHIBIT A -1 Contract Amendment # 11-5679 Intersection Improvements Lake Trafford Road and SR 29 This amendment, dated (/1 )13 , 2011 to the referenced agreement shall be by and between the parties to thei original agreement, Gulf Paving Company, Inc., to be referred to as "Contractor" and Collier County, Florida, (to be referred to as "County". Statement of Understanding RE: # 11-5679 Intersection Improvements Lake Trafford Road and SR 29 The following change to the above referenced agreement has been mutually agreed to by the Contractor and the County: The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by strikethroughs. DELETE THE FOllOWING LANGUAGE (Per Grantinq Aqencv Request - local Aqencv Proqram (LAP/FOOT) 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Subst~:mtial Completion, any VVork is found to be def-ective or not in conf-ormance \Nith the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work 'shich may be damaged 3S 3 result of such replacement or repair. Further, in the event of an emergency, O'.-mer may commence to correct 3ny defective 'Nork, without prior notice to Contractor, at Contractor's expense. These warranties are in 3ddition to those implied w3rr3nties to 'A'hich Owner is entitled as a m3tter of 13'1.'. 21.2 No I3ter than 30 d3Ys prior to expiration of the W3rr3nty, the Project M3n3ger, or another represent3tive of the Owner, sh311 conduct 3n inspection of the warr3nted 'Nork to verify compliance 'Nith the requirements of the Agreement. The Contractor's Representative shall be present 3t the time of inspection and sh311 take remedi31 3ctions to correct 3ny deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies sh311 be grounds f-or the Owner to disqu31ify the Contractor from future bid opportunities '....ith the Owner, in addition to any other rights and remedies avail3ble to Owner. The Contractor agrees that this amends the original Agreement. All other terms and conditions of the agreement shall remain in force. 1 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. ATTES~ 'r\,,\_ Corporate etarylWitness By: M.c:.~~ k....~ Dated: <8 -~- II \'i:..< \;.~f~~~~':\7!'~~~r.-;-:. - :j' .'. ~'r.Il.'''''". )WlG1J'f., _ ,/"' ", ~ ;'{: '. '~; ;<~ir~....' ~ ., ,j . (. ~Y:::- ' Ji:l::... ,"{ -'. al.WS':II",' It_a_it ... c. '. Approved as to form and Le~ff;nk> ~ Deputy County Attorney CONTRACTOR - ~- ~I~ Gu"P ving Company, Inc. By: Tim Lause Title: President Dated: 3 Auqust. 2011 OWNER: BOARD OF COUNTY COMMISSIONERS COLLlER~ ~ORIDA By: Fred W. Coyle . ~ Chairman 2