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HomeMy WebLinkAboutAgreement A-18-254 with Durham Construction.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 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is made and entered into this _______ day of _________________, 2018, 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 August 22, 2017 identified as Contract Agreement No. 17-J-02, 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 $2,500,000, to provide sufficient funds to complete currently needed projects which may be undertaken by CONTRACTOR, as well as any other work orders issued to CONTRACTOR prior to August 21, 2018, 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 26-31 of the Agreement, beginning with the word “The” on line 29 and ending with the dollar figure “$1,500,000.” on line 30, is hereby deleted in its entirety and replaced with the following sentence: “The Maximum Contract Value is $4,000,000.” 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 the Agreement. /// /// /// 8th May 18-0391 Agreement No. 18-254 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. Chris Durham, Pres1 ent, Secretary, Treasurer, and Manager Durham Construction Company, Inc. 1025 Holland Ave., Clovis, CA 93612 FOR ACCOUNTING USE ONLY ORGNo Account No. Fund No. Subclass No. 43601150,8859,8852 7295,8150 0001,0400 10000, 11000 2 COUNTY OF FRESNO Sal Bo ATTEST: o, C airperson of the isors of the County of Fresno Bernice E. Seidel, Clerk of the Board of Supervisors, County of Fresno, State of California By~½± Deputy