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20-129 Amendment #1 07-01-20211 FIRST AMENDMENT TO AGREEMENT 139 BETWEEN THE CITY OF CUPERTINO AND A-1 FENCE, INC. FOR MASTER AGREEMENT FOR FENCE REPAIR AT VARIOUS CITY FACILITIES AND PARKS This First Amendment to Agreement 139 between the City of Cupertino and A-1 Fence, Inc., for reference dated October 09, 2020, is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and A-1 Fence, Inc., a Corporation (“Contractor”) whose address is 14820 Story Road, San Jose, CA 95127, and is made with reference to the following: RECITALS: A. On October 09, 2020 Agreement 139 (“Agreement”) was entered into by and between City and Contractor for Master Agreement for Fence Repair at Various City Facilities and Parks. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Term: This Contract begins on the Effective Date and ends on June 30, 2022 (“Contract Time”) unless terminated earlier as provided herein. Contractor’s Work shall begin on the date shown on a written Notice to Proceed (“NTP”) and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. The Director of Public Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a written amendment to this Agreement, provided such extension does not include additional contract funds. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK [SIGNATURE PAGE TO FOLLOW] 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date A-1 FENCE, INC. By Title Date EXPENDITURE DISTRIBUTION Item Expiration Date Amount Original Agreement June 30, 2021 $60,000.00 Amendment #1 June 30, 2022 Vanessa Alonso Manager Jun 30, 2021 Heather M. Minner Jul 1, 2021 Assistant Director of Public Works - Operations Jul 1, 2021 A1 Fence Master Agreement for Fence Repair at Various City Facilities and Parks Final Audit Report 2021-07-01 Created:2021-06-30 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAsZ35uxL56gETKQTCpcG40WqK36qYcB_D "A1 Fence Master Agreement for Fence Repair at Various City F acilities and Parks" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-06-30 - 4:31:04 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2021-06-30 - 4:32:21 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2021-06-30 - 4:33:32 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-06-30 - 4:33:33 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-06-30 - 5:01:27 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Vanessa Alonso (a1fenceinc@sbcglobal.net) for signature 2021-06-30 - 5:01:29 PM GMT Email viewed by Vanessa Alonso (a1fenceinc@sbcglobal.net) 2021-06-30 - 5:40:18 PM GMT- IP address: 69.147.90.254 Document e-signed by Vanessa Alonso (a1fenceinc@sbcglobal.net) Signature Date: 2021-06-30 - 5:41:30 PM GMT - Time Source: server- IP address: 73.231.41.243 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2021-06-30 - 5:41:32 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2021-07-01 - 7:39:03 PM GMT- IP address: 104.143.198.2 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2021-07-01 - 7:39:35 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Jimmy Tan, P.E. (jimmyt@cupertino.org) for signature 2021-07-01 - 7:39:37 PM GMT Email viewed by Jimmy Tan, P.E. (jimmyt@cupertino.org) 2021-07-01 - 7:50:23 PM GMT- IP address: 104.47.73.126 Document e-signed by Jimmy Tan, P.E. (jimmyt@cupertino.org) Signature Date: 2021-07-01 - 7:51:10 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-07-01 - 7:51:12 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-07-01 - 7:51:50 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-07-01 - 7:51:58 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2021-07-01 - 7:51:58 PM GMT