HomeMy WebLinkAboutDurham Construction Company, Inc - Amdnt Agrmt - 3-24-2022UUUUolylI CIIVCIUFJC IU. IDVJUUr L/UZINY
i
,2.,?-- q 3
AMENDMENT NO. 2 TO AGREEMENT
FOR CONTRACT SERVICES BETWEEN
THE CITY OF FRESNO AND DURHAM CONSTRUCTION COMPANY, INC.
THIS AMENDMENT NO. 2 TO AGREEMENT (Amendment), is made and
entered into effective March 24, 2022, by and between the CITY OF FRESNO, a
California municipal corporation (City), and DURHAM CONSTRUCTION COMPANY,
INC., a California corporation (Contractor).
RECITALS
WHEREAS, City and Contractor entered into an agreement, dated
September 24, 2020, incorporated herein (Agreement), for Public Work of Improvement
Job Order Contract; and
WHEREAS, City and Contractor entered in an amendment, dated June 24, 2021,
increasing the maximum contract value of the Base Term of the Agreement by
$700,000; and
WHEREAS, the parties desire to increase the maximum contract value of the
Base Term of the Agreement by $700,000; and
AGREEMENT
NOW THEREFORE, the parties agree as follows:
1. Effective upon execution of this Amendment, the Base Term of the
Agreement shall be increased by $700,000 for the current year. The Maximum Contract
Value is $4,400,000 over the potential three one-year terms.
2. All capitalized terms not otherwise defined herein shall have the meaning
ascribed to such terms in the Agreement.
3. In the event of any conflict between the body of this Amendment and any
exhibit or attachment hereto, the terms and conditions of the body of this Amendment
shall control and take precedence over the terms and conditions expressed within the
exhibit or attachment. Furthermore, any terms or conditions contained within any
exhibit or attachment hereto which purport to modify the allocation of risk between the
parties, provided for within the body of this Amendment, shall be null and void.
4. Except as otherwise provided herein, the Agreement entered into by City
and Contractor, dated September 24, 2020, and amended on June 24, 2021, remains in
full force and effect.
[Signatures follow on the next page.]
-1-
LuL;UJIyI I GIIVUlUpt! I U. IoUL)UUr r I U/U0y91f
IN WITNESS WHEREOF, the Parties authorized agents have executed this
Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
:n
Scott L. Mozier, P.E.,
Public Works Director
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
EQoc0igned Ey:
Bf;a.�ow _ 3��s�zozz
13)Pant"BM. Collet Date
Senior Deputy
ATTEST:
TODD STERMER, CMC
City Clerk
Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Robin O'Malley
2101 G Street, Bldg C
Fresno, CA 93706
Phone: (559) 621-1212
iva
DURHAM CONSTRUCTION
COMPANY, INC., a California
corporation 11�
Name: C,� rl.� DtJ►r xA
Title: ftsd
(If corporation or LLC., Board
Cha , P Vice Pres.)
By: a 1]�
IV
Name: 5 ; r- im
Title- ,�T,0 f_ Rr4a rS -
(If corporation or LLC/, CFO, Treasurer,
Secretary or Assistant Secretary)
CONTRACTOR:
Durham Construction Company, Inc.
Attention: Chris Durham
1025 E. Holland Ave
Clovis, CA 93612
Phone: 559 294-9500
FAX: 559 294-9200