FOURTH AMENDMENT TO AGREEMENT WITH G. E. CHEN CONSTRUCTION, INC. FOR THE NOISE INSULATION PROJECT IN THE FOURTH QUARTER 1999 STATE 65 dB CNEL NOISE CONTOUR
THIS FOURTH AMENDMENT TO THE AGREEMENT, entered into on this __________________ day of ____________, 2006, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and G. E. Chen Construction, Inc., hereinafter called “Contractor”;
W I T N E S S E T H:
WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and
WHEREAS, the parties entered into an Agreement for construction services to sound insulate five participating houses for the County of San Mateo Noise Insulation Project within the Fourth Quarter 1999 State 65 dB noise contour on March 11, 2003; and
WHEREAS, this Agreement was amended on March 29, 2005 to increase the contract amount by $11,812 to cover the increase in the cost of building materials since the award of the contract; and
WHEREAS, this Agreement was amended a second time on November 15, 2005 to extend the term until February 8, 2006 to allow for the delay caused by the re-fabrication of windows that did not meet the required acoustical rating for installation in the eligible properties; and
WHEREAS, this Agreement was amended to add additional funding in the amount of $196,074 for a new total obligation of $300,976 to include noise insulation for the eligible private school and to extend the term to September 30, 2006; and
WHEREAS, the parties wish to amend the Agreement to extend the term to June 30, 2007.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1.	Section 6 – Effective Date and Time of Completion – is amended to read as follows: The effective date of this agreement is the date indicated in the first paragraph of this agreement. The time of completion for this agreement and all work shall be eight hundred and seven (807) consecutive calendar days after the issuance of the Notice to Proceed, until June 30, 2007. Work within each dwelling unit shall be completed in a nine (9) consecutive calendar day period. In the event that a weekend or holiday occurs during the period of work within a dwelling unit, the work site shall be left neat, clean, secure and habitable. Work shall be completed on working days as specified in the paragraph below.
	A working day is hereby defined as any day, except Saturdays, Sundays, legal holidays and days on which the Contractor is not prevented from working by inclement weather or conditions resulting immediately therefrom, which would be adverse to the current controlling operation or operations. Adverse conditions, as approved by the Director of Environmental Services Agency for the County of San Mateo, will be conditions such that prevent Contractor from proceeding with at least sixty percent (60%) of the normal labor and equipment force engaged on any day for at least five (5) hours toward completion of such operation or operations.
2.	All other terms and conditions of the Agreement dated March 11, 2003 and amended on March 29, 2005, November 15, 2005, and March 7, 2006 between the County and Contractor shall remain the same and in full force and effect.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.
			COUNTY OF SAN MATEO
			By:
				Jerry Hill President, Board of Supervisors San Mateo County
			Date:
ATTEST:
Clerk of Said Board
Date:
			G. E. Chen Construction, Inc.
			Name, Title – Print
			Signature
			Date: