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Revised 06/21 <br />NORTH CAROLINA <br />CONTRACT AMENDMENT #1 <br />ORANGE COUNTY <br /> <br /> <br />THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 25th day of March, 2022 by and <br />between ORANGE COUNTY (hereinafter referred to as “County”) and FSC II, LLC (d.b.a. Fred Smith Company), <br />(hereinafter referred to as “Provider”). <br /> <br /> <br />WITNESSETH: <br /> <br />THAT WHEREAS, the County and Provider entered into a contract dated January 18, 2022, with an internal designation <br />of 2022-110 (hereinafter the “Original Agreement”), for the provision of services for Construction of the Lake Orange <br />Erosion Control Barrier Replacement Project (BASE BID SCOPE ONLY); and <br /> <br />WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and <br />conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. <br /> <br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to <br />amend the Original Agreement as follows: <br /> <br />1. The Scope of Work (Section 2, hereinafter called the “Work”) shall be expanded to include the <br />ALTERNATE-1 scoping as defined within the Construction Drawings and Written Specifications prepared <br />by the Designer, and as defined in the Lake Orange Erosion Control Barrier Replacement Bid Proposal from <br />the Provider dated December 8, 2021. <br /> <br />2. Section 3b is amended to complete substantially all Work included by July 15, 2022. <br /> <br />3. Section 5a is amended to reflect a maximum payable not-to-exceed amount of $744,180.00. <br /> <br />4. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent <br />it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original <br />Agreement and the terms of this Amendment, this Amendment shall control. <br /> <br /> <br /> IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above <br />written. <br /> <br />ORANGE COUNTY PROVIDER <br /> <br />______________________________ __________________________________ <br />Bonnie Hammersley Ty Johnson, Vice President – Contract Services <br />County Manager FSC II, LLC (d.b.a. Fred Smith Company) <br /> <br /> <br />DocuSign Envelope ID: 728B9CE0-812A-45E1-9198-7EEBE2CA7EF6