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HomeMy WebLinkAboutD-20-483 First Amendment - Durham Construction 20-J-03.pdf1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (First Amendment) is made and entered into this _______ day of _________________, 2021, by and between the County of Fresno (OWNER or COUNTY) and Durham Construction Company, Inc. (CONTRACTOR). W I T N E S S E T H: WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dated October 6, 2020 identified as Contract Agreement No. 20-J-03, incorporated herein by reference (the Agreement), for CONTRACTOR to provide job order contract services; and WHEREAS, OWNER and CONTRACTOR desire to increase the maximum compensation payable under the Agreement by an additional $3,200,000, to provide sufficient funds to complete construction undertaken by CONTRACTOR, as well as any other work orders issued to CONTRACTOR prior to October 6, 2021, pursuant to the Agreement. NOW, THEREFORE, OWNER and CONTRACTOR, agree to amend the Agreement as follows: 1.The third sentence of that paragraph of Article IV. “COMPENSATION,” on page 2, lines 27-32 of the Agreement, beginning with the word “The” on line 29 and ending with the dollar figure “$2,000,000” on line 30, is hereby deleted in its entirety and replaced with the following sentence: “The Maximum Contract Value is $5,200,000.” All other terms, conditions, mutual covenants, and promises contained in the Agreement, shall remain in full force and effect, except as hereinabove amended by this First Amendment. Upon execution of this First Amendment, the Agreement and this First Amendment shall together be considered to constitute the Agreement. /// /// /// /// /// 7th September 21-0774 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXECUTED AND EFFECTIVE as of the date first above set forth. CONTRACTO~ BY (Tu~ Chris Durham , President , Secretary , Treasurer, and Manager Durham Construction Company , Inc. 1025 Holland Ave., Clovis , CA 93612 FOR ACCOUNTING USE ONLY ORG No Account No. Fund No. Subclass No. 43601150, 8859, 8852 7295, 8150 0001, 0400 10000, 11000 2 Steve Bran u , Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno , State of California By ~,.Do,.\ Deputy