HomeMy WebLinkAboutAgreement A-21-519 with Durham Construction.pdf- 1 -
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is made and entered into
14th day of December, 2021, (“Effective Date”), by and between COUNTY OF FRESNO, a political
subdivision of the State of California, Fresno, California (“COUNTY”), and Durham Construction
Company, a California corporation, whose address is 1025 Holland Ave., Clovis, CA 93612
(“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 21-142, dated
April 27, 2021 (“Agreement”), pursuant to which CONTRACTOR agreed to perform repair, remodeling,
or repetitive work according to unit prices on an annual basis pursuant to the terms of the Agreement;
WHEREAS, COUNTY’s demand for the above services has increased since the services were
last bid in March 2021; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
increase the total compensation amount.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.Section 4. COMPENSATION of the Agreement, located on page 6, lines 12 through 16,
is deleted in its entirety and replaced with the following:
"CONTRACTOR shall receive the opportunity to perform Job Orders totaling a minimum
compensation amount of at least twenty-five thousand dollars ($25,000) during the Agreement term.
The total value of compensation paid for all Job Orders ("Maximum Agreement Value") performed by
CONTRACTOR shall not exceed four million dollars ($4,000,000). Any increase in the Maximum
Agreement Value shall only be by amendment to Agreement, pursuant to Section 11.”
COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
Agreement and, that upon execution of this First Amendment, the Agreement and this First
Amendment together shall be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect.
Agreement No. 21-519
1 EXECUTED AND EFFECTIVE as of the date first above set,tforth. :~ESNO
CONTRA S COUNTY O ~
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Steve Brandau, Cha irman of the Board
4 D of Supervisors of the County of Fresno
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5 Print Name & Title
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8 Ma iling Address
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15 FOR ACCOUNTING USE ONLY :
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Fund : 1045
Subclass : 10000
ORG : 8935
Acco unt: 72 95
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
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