HomeMy WebLinkAboutAgreement A-18-297-1 with Durham Construction Co..pdf1
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Agreement No . 18-297-1
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT to Agreement No . 18-297 ("First Amendment") is made and
entered into this __filb_ day of April , 2019 ("Effective Date"), by and between the County of
Fresno , a political subd ivision of the State of California ("COUNTY"), and Durham Construction
Company , Inc., a California corporation , whose address is 1025 Holland Ave ., Clovis , CA 93612
("CONTRACTOR").
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement No . 18-297 , dated
June 5, 2018 ("Agreement"), pursuant to which CONTRACTOR agreed to provide Job Order
Contracting (JOG) services ;
WHEREAS , COUNTY AND CONTRACTOR now desire to amend the Agreement to
increase the maximum compensation payable hereunder to accommodate a higher volume of
JOG services .
NOW, THEREFORE , for good and valuable consideration , the receipt and adequacy of
which is hereby acknowledged , COUNTY and CONTRACTOR agree to amend the Agreement as
follows :
That portion of Section V. COMPENSATION/INVOICING of Agreement No . 18-297 , as set
forth in the Agreement, beginn ing on page 6 , line 13 through line 17 , is hereby deleted and
replaced with the following :
"CONTRACTOR shall receive the opportunity to perform Job Orders totaling a minimum
of at least twenty five thousand dollars ($25 ,000) during the Agreement term . The total value of
all Job Orders ("Maximum Agreement Value ") performed by CONTRACTOR shall not exceed
four m illion dollars ($4 ,000 ,000). The Maximum Agreement Value may be increased up to the
sum authorized by Public Contract Code Section 20128 .5 (currently approximately
$4,900 ,000). Any increase in the Maximum Agreement Value shall be by amendment to the
Agreement, pursuant to Section VIII."
COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend
the Agreement , and that upon execution , the Agreement and this First Amendment shall
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together constitute the complete Agreement between the parties.
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.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
Chris Durham , President and CFO
Date
Org No.: 8935
Account No.: 7295
Fund : 1045
Subclass : 10000
By:
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COUNTY OF FRESNO
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Nathan Magsig , Chai,.;;::, ~heEloard
of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California