HomeMy WebLinkAboutDurham Construction Company, Inc. - Amndt 3 to Agrmt - 3-30-2023LJUUUJIIJ.II CI IVCIUpt: IV..'9V1,LD ILJU-ULJF_1 -'+0 ll'-Dy0.7-4VVDHrOH'4L� I
AMENDMENT NO. 3 TO AGREEMENT
FOR CONTRACT SERVICES BETWEEN
THE CITY OF FRESNO AND DURHAM CONSTRUCTION COMPANY, INC.
THIS AMENDMENT NO. 3 TO AGREEMENT (Amendment), is made and entered
into effective , 2023, 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 into an amendment, dated June 24, 2021,
increasing the maximum contract value of the Base Term of the Agreement by $700,000;
and
WHEREAS, City and Contractor entered into an amendment, dated March 24,
2022, 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 Contract by $1,000,000; 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 $1,000,000 for the current year. The Maximum Contract
Value is $5,400,000 over the potential three one-year terms.
2. All capitalized terms not otherwise defined herein shall have the meaning
ascribed to such terms in the Agreement.
3. In the event of any conflict between the body of this Amendment and any
exhibit or attachment hereto, the terms and conditions of the body of this Amendment
shall control and take precedence over the terms and conditions expressed within the
exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit
or attachment hereto which purport to modify the allocation of risk between the parties,
provided for within the body of this Amendment, shall be null and void.
4. Except as otherwise provided herein, the Agreement entered into by City
and Contractor, dated September 24, 2020, remains in full force and effect.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the Parties authorized agents have executed this
Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
DacuSlgnod by
..a n ��,.
3/31&jB,p&fq"Ft8,
0/2023
BY:
.
General Services Director
APPROVED AS TO FORM:
ANDREW J
City r y
By: 3�
Bran oilet Date
Senior Deputy
ATTEST:
TODD STERMER, CMC
City Clerk
DocuSigned by:
3/30/2023
By; '� ice. ate'
6CAiM 20094rzl Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Robin O'Malley
2101 G Street, Bldg C
Fresno, CA 93706
Phone: (559) 621-1212
-2-
DURHAM CONSTRUCTION
COMPANY, INC., a Ca€ifornia
corporation
By: nn
Name: l' ins ��hrk'l
Title:$
(If corporation or LLC., Board
Chair e . or ' Pres.)
By: 1 ]� A
Name:
Title: eG ftZ
(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