HomeMy WebLinkAbout33078AGT. # 11-413-2
1 AMENDMENT NUMBER TWO (2) TO AGREEMENT
2 This Second Amendment to Agreement ("Second Amendment") is made and
3 entered into this(3Y.+b. day of 'f--e\..')'"~~ 2015, by and between the County of
4 Fresno, a political subdivision of the State of California, (hereinafter called "COUNTY"),
5 and STEARNS, CONRAD & SCHMIDT, CONSULTING ENGINEERS, INC. dba SCS
6 FIELD SERVICES, located at 4730 Enterprise Way, Suite A, Modesto, California 95356,
7 (hereinafter called "CONTRACTOR"), with reference to the following facts:
8 WHEREAS, the COUNTY and CONTRACTOR previously entered into an
9 Agreement dated the ih day of June, 2011 (Agreement No. 11-413, hereinafter "the
10 Agreement"), pursuant to which the CONTRACTOR agreed to provide specialized
11 services to conduct State and Federal-required operation and maintenance of the
12 landfill gas collection and control system (LFGCCS) at the American Avenue Disposal
13 Site; and
14 WHEREAS, the COUNTY and CONTRACTOR previously amended the
15 Agreement (Agreement No. 11-413-1) on the 22nd day of April, 2014 to increase the
16 spending limit for Extra Services in the amount of $65,375 for year 3 to perform repairs
17 on damages of the LFGCCS during the Phase Ill Landfill Gas Collection and Control
18 System Expansion Project (Contract No. 12-18-SW) by the prime contractor
19 Construction Development Systems; and
20 WHEREAS, costs for American Avenue Disposal Site Extra Services for the
21 current Agreement year exceed the American Avenue Disposal Site Extra Services
22 allocation; and
23 WHEREAS, COUNTY has available means through cost savings to increase the
24 American Avenue Disposal Site Extra Services funding available under the Agreement
25 for the current contract year; and
26 WHEREAS, the modification of the Agreement to be effected by this Second
27 Amendment is intended by the parties to provide sufficient funding under the Agreement
28 for necessary Extra Services to be incurred at American Avenue Disposal Site during
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1 the current contract year.
2 NOW, THEREFORE, based on the foregoing and in consideration of their mutual
3 promises as set forth herein, the parties hereto agree to amend the above referenced
4 Agreement as follows:
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1. Page 4, lines 1 through 13 shall be amended to read:
"1. Notwithstanding any other provision of this Agreement, the Total
Fee for the services required under Article Ill for years 1, 2, and 5 shall be
limited to a maximum of $162,630 annually, comprised of a Basic Fee of
$82,630 and an Extra Services Allocation of $80,000 annually; year 3 Total
Fee for the services required under Article Ill shall be limited to a maximum of
$228,005, comprised of a Basic Fee of $82,630 and an Extra Services
allocation of $145,375; and for year 4, the Total Fee for the services required
under Article Ill shall be limited to a maximum of $242,630, comprised of a
Basic Fee of $82,630 and an Extra Services allocation of $160,000. Thus, if
the Agreement is automatically renewed as provided for in Section XXI. B.,
then the maximum cumulative amount of the Total Fee, Basic Fee and Extra
Services allocations shall be increased accordingly, without the need for any
amendment of this Agreement. Accordingly, if this Agreement is
automatically renewed for one additional year at the conclusion of its original
one-year term, the maximum Total Fee allowed hereunder would be
$325,260 (i.e., $162,630 annually for each of the two years the Agreement in
in effect). If this Agreement is automatically renewed for one additional year
(year 3), at the conclusion of its year 2 term, the maximum Total Fee allowed
hereunder would be $553,265. Likewise, if the Agreement is automatically
renewed for the maximum four additional years, then the maximum
cumulative amount of the Total Fee hereunder would be $958,525 (i.e.
$162,630 annually for years 1, 2, and 5 of the five years the Agreement is in
effect, and $228,005 annually for year 3, and $242,630 for year 4, of the
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1 maximum five-year extended term).
2 2. Page 5, lines 8 through 12 shall be amended to read:
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"C. Extra Services:
1. A maximum allocation of $80,000 annually for years 1, 2,
5 and 5, and a maximum annual allocation of $145,375 for year 3, and a
6 maximum annual allocation of $160,000 for year 4, are provided for herein to
7 pay for authorized Extra Services under the Agreement. Payment of Extra
8 Services in excess of the maximum allocation of $80,000 annually for years 1,
9 2, and 5, or the maximum allocation of $145,375 for year 3, or the maximum
10 allocation of $160,000 for year 4, is prohibited except pursuant to a written
11 Amendment to this Agreement approved in accordance with the provisions of
12 Article XVI of the Agreement.
13 It is the intent of the parties that this Second Amendment shall become effective
14 immediately upon execution hereof by COUNTY, and that all other provisions of the
15 Agreement shall remain unchanged and continue in full force and effect.
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1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
2 executed, on the day and year first above written.
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CONTRACTOR ~ ( S _ i=" S
BY:&x=·f~
4730 Enterprise Way, Suite A
Modesto, CA 95356
ATTEST:
BERNICE E. SEIDEL, Clerk
::~:;:or0~
~
FUNDISUBCLASSIORGI
18 ACCOUNT
19 0700 I 15000 I 9026 I 7295
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G:\4360Resources\BOARD OF
26 SUPERVISORS\Agenda ltems\BOARD 201512-24-
15\AADS -SCS Field Services Amendment\SCS
27 Agreement A11-413 Amendment 2.doc
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REVIEWED AND RECOMMENDED FOR
APPROVAL
A:ANWEAVER, DIRECTOR
DEPARTMENT OF PUBLIC WORKS AN
PLANNING
APPROVED AS TO LEGAL FORM
DANIEL C. CEDERBORG,(
couNTY ol[sk /
( /~ I By: ·~D~e~p~u~~------~--~~----~
APPROVED AS TO ACCOUNTING
FORM
VICKI CROW, C.P.A.,
AUDITOR-CONTROLLER/TREASURER-
TAX COLLECTOR