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HomeMy WebLinkAboutAgreement A-17-151 with Durham Construction Co. Inc..pdf 17-0326 Agreement No. 17-151 1 FIRST AMENDMENT TO AGREEMENT 2 THIS FIRST AMENDMENT TO AGREEMENT("First Amendment")is made and entered into 3 this 25th day of April ,2017,by and between the County of Fresno("OWNER"or 4 "COUNTY")and Durham Construction Company, Inc. ("CONTRACTOR"). 5 WITNESSETH: 6 WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dated July 12, 7 2016 identified as Contract Agreement No. 16-J-02, incorporated herein by reference (the 8 "Agreement'), for CONTRACTOR to provide job order contract services; and 9 WHEREAS, OWNER and CONTRACTOR desire to increase the maximum compensation 10 payable under the Agreement by an additional $2,500,000, to provide sufficient funds to complete 11 current projects undertaken by CONTRACTOR, as well as any other work orders issued to 12 CONTRACTOR prior to July 12, 2017, pursuant to the Agreement. 13 NOW, THEREFORE, OWNER and CONTRACTOR, agree to amend the Agreement as 14 follows: 15 1. The portion of Article IV. COMPENSATION on Page 2 of the Agreement, beginning with 16 the word "The"on line 29 and ending with the dollar figure"$1,500,000."on line 30, is hereby deleted 17 and replaced with the following: 18 "The Maximum Contract Value is$4,000,000." 19 All other terms, conditions, mutual covenants, and promises contained in the Agreement, 20 shall remain in full force and effect, except as hereinabove amended by this First Amendment. 21 Upon execution of this First Amendment, the Agreement and this First Amendment shall together 22 be considered the Agreement. 23 JJl 24 25 26 Page 1 1 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date 3 set forth above. 4 NAME OF CONTRACTOR COUNTY OF FRESNO 5 6 BY: Chris Durham, Presi nt, Brian Pacheco, Chairman 7 Secretary, Treasurer, and Manager Board of Supervisors Durham Construction Company, Inc. 8 1025 Holland Ave., Clovis, CA 93612 9 10 REVIEWED AND RECOM NDED ATTEST: 11 FOR APPROVAL Bernice E. Seidel, Clerk Board of Supervisors 12 13 By: By dag� Steven E. White, Director Deputy 14 Department of Public Works and 15 Planning 16 APPROVED AS TO LEGAL FORM 17 Daniel C. Cederborg County Counsel 18 19 By: C6— DqLf* 20 21 APPROVED AS TO ACCOUNTING 0001/8852/10000/7295 22 FORM 0001/8830/10000/7295 Oscar J. Garcia CPA 0001/43601150/10000/7295 23 Auditor-Controller/Treasurer-Tax 0001/31114000/10000/7345 Collector 0001/56302003/10000/7295 24 0001/56201500/10000/7295 0001/56201500/10000/7345 25 By: 0001/04200100/10000/7265 Deputy 26 Page 2