HomeMy WebLinkAboutC2019-006B.1 - GCON1
Contract No. 2019-006b.1
FIRST AMENDMENT
TO
JOB ORDER MASTER AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
GCON, INC.
THIS FIRST AMENDMENT TO JOB ORDER MASTER AGREEMENT (this “First
Amendment”) is entered into as of May 4, 2021, between the Town of Fountain Hills, an Arizona
municipal corporation (the “Town”) and GCON, Inc., an Arizona corporation (the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Job Order Master Agreement (the
“Agreement”), dated March 19, 2019, for the Contractor to provide Construction Services (the
“Services”). All capitalized terms not otherwise defined in this First Amendment have the same
meanings as contained in the Agreement.
B. The Town has determined that it is necessary to extend the Agreement with the
Contractor for Services.
C. The Town and the Contractor desire to enter this First Amendment to amend the
Agreement to (i) extend the term of the Agreement and (ii) provide for compensation to the
Contractor for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until May 4,
2022, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Compensation. The Town shall pay the Contractor an amount not to exceed
$218,000, at the rates set forth in Exhibit B-1, which sum includes a ten percent (10%) owner’s
allowance. The aggregate amount of this Agreement shall not exceed $343,000.
3. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly given
if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered
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or certified, return receipt requested, to the address set forth below or (C) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With Copy to : Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Consultant: GCON, Inc.
1606 West Whispering Winds Dr.
Phoenix, Arizona 85085
Attn: Michael Godbehere, President
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
5. Non-Default. By executing this First Amendment, the Contractor affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
6. Israel. Contractor certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
7. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
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[SIGNATURES ON FOLLOWING PAGES]
EXHIBIT B-1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
GCON, INC.
[Contractor’s Proposal]
See following pages.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth A. Klein (May 18, 2021 07:12 PDT)
Elizabeth A. Klein
“Contractor”
____________________________________,
By:
Name:
Title:
GCON, Inc.
Jason Ward (May 10, 2021 10:12 PDT)
Jason Ward
Jason Ward
Project Director
EXHIBIT B-1