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16-0204_BURTECH PIPELINE, INC_Construction Agreement First AmdFIRST AMENDMENT TO CONSTRUCTION AGREEMENT SPRING STREET STORM DRAIN REPAIR PROJECT THIS FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Burtech Pipeline Inc., ("Consultant") is made and entered into, to be effective the day of fjehfitoyij , 2016, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Construction Agreement dated November 6, 2015 for repair of the Spring Street storm drain (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder: AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein. City and Consultant agree to amend Section 3.1 of the Agreement as follows: Section 3.1, Compensation Amount, is amended to add $5,255.11 to the Compensation Amount for a total not to exceed Compensation Amount of $23,655.11. 540028.1 61147.02100\10229925.1 -1- All other provisions of the Agreement not amended hereunder shall remain in full force and effect. APPROVED AS TO FORM: BURTECH PIPELINE INC. By: By: Jeffrey Ballinger, City Attorney Dominic Burtech, President 540028.1 61147.02100\10229925.1 -2- All other provisions of the Agreement not amended hereunder shall remain in full force and effect. CITY OF SAN JUAN CAPISTRANO By: Keith Till, Interim City Manager ATTEST: By: Maria Morris, City Clerk APPROVED AS TO FORM: BURTECH PIPELINE INC. By: Q -y.^ By: Jeffrey BallingefTCity Attorney Dominic Burtech, President 540028.1 61147.02100\10229925.1 -2- All other provisions of the Agreement not amended hereunder shall remain in full force and effect. CITY OF SAN JUAN CAPISTRANO By: ATTEST: By: Keith Till, Interim City Manager Maria Morris, City Clerk APPROVED AS TO FORM: BURTECH PIPELINE By: Jeffrey Ballinger, City Attorney 540028.1 61147.02100\10229925.1 -2-