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[APPROVED BY <br />TY C UNCIL <br />FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT <br />BETWEEN THE CITY OF COLTON <br />AND <br />MERLIN JOHNSON CONSTRUCTION, INC. <br />ARTICLE 1. PARTIES AND DATE <br />This First Amendment to the Maintenance Services Agreement ("First Amendment") dated <br />as of the 3rd day of April 2006 is entered into by and between the City of Colton ("City") and Merlin <br />Johnson Construction, Inc. ("Contractor"). <br />ARTICLE 2. RECITALS <br />2.1 City and Contractor entered into that certain Maintenance Services Agreement dated <br />January 23, 2006 ("Agreement"), whereby Contractor agreed to provide pipeline replacement <br />services including operator for the City's Mainline Replacement Project for Mt. Vernon between <br />Channel and Olive. <br />2.2 City and Contractor now desire to amend the Agreement to increase the amount of <br />compensation in an amount not -to -exceed $18,000. <br />ARTICLE 3. TERMS <br />3.1 Section 3.3.1 Compensation is hereby modified and should read as follows: As <br />consideration for performance of the Work required herein, City agrees to pay Contractor the Total <br />Contract Price not to exceed Forty -Two Thousand Five Hundred Dollars and No Cents ($42,500) <br />("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the <br />applicable terms of this contract or written change orders approved and signed in advance by the <br />City. <br />3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all <br />provisions of the Contract shall remain unchanged and in full force and effect. From and after the <br />date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall <br />mean the Contract as amended by this First Amendment. <br />RVPUB\NGS\635122 -1- <br />