HomeMy WebLinkAboutAgreement A-22-496 Second Amendment to Agreement with PARC 1.pdf 22-1114 Agreement No. 22-496
1 AMENDMENT II TO AGREEMENT
2 This Amendment No. 2 to Service Agreement ("Amendment No. 2") is dated
3 October 25, 2022 and is between Professional Asbestos Removal Corporation, dba PARC
4 Environmental, a California corporation, whose address is 2864 E. Dorothy Ave. Fresno, CA
5 93706 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
6 ("County").
7 Recitals
8 A. On February 25, 2020, the County and the Contractor entered into Agreement number 20-
9 085 ("Agreement') to provide services for asbestos and lead paint abatement, hazardous waste
10 pickup and disposal, and removal and disposal of debris associated with homeless encampments,
11 and emergency response services.
12 B. On July 12, 2022, the County and the Contractor entered into Amendment I to the
13 Agreement, Agreement number 22-303, ("Amendment No. 1") to add additional funding for these
14 services, and increased the Agreement total compensation amount to $1,200,000.
15 C. The County again needs to increase funding for said services, and requires additional
16 services to clean up third-party properties pursuant to certain Orders to Abate Public Nuisance
17 ("Abatement Services"). The County and the Contractor desire to amend the Agreement to add
18 Abatement Services, and increase the maximum compensation amount of the Agreement to
19 provide additional compensation for the Abatement Services.
20 The parties therefore agree as follows:
21 1. Subsection AA is added to Section 1 — Services of the Agreement as follows:
22 "AA. ABATEMENT SERVICES — CONTRACTOR shall provide Abatement Services as
23 described in this Agreement at properties not owned by the County, in conjunction with
24 Notices and Orders to Abate Public Nuisances issued by COUNTY. These services will
25 include, but are not limited to the following:
26 i. Removal of all garbage, rubbish, debris,junk, scrap metal, combustible
27 and burned materials, and all other items other of waste from the
28 property.
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1 ii. Removal of all inflammable waste material from the property.
2 iii. Removal of all inoperable, dismantled, inoperative, or wrecked vehicles
3 from the property.
4 iv. All materials removed from the property must be disposed at an
5 approved waste or recycling facility and in accordance with all laws.
6 2. Section 4 - Compensation of the Agreement located on page 8, line 9 page 9, line 4, is
7 deleted in its entirety, and replaced with the following:
8 "A. SERVICES — The COUNTY shall only provide compensation and payment to
9 CONTRACTOR for work authorized by the COUNTY. COUNTY agrees to pay
10 CONTRACTOR and CONTRACTOR agrees to receive compensation in
11 accordance with CONTRACTOR's respective rates provided in Attachment A. All
12 rates listed in Attachment A are valid for the Term of this Agreement. All rates listed
13 in Attachment A are "fully loaded," as they include all direct and indirect costs and
14 fees or profit as well as ancillary materials not described in Attachment A.
15 CONTRACTOR shall not undertake any services without the advance written
16 authorization of the COUNTY. If the COUNTY requests a service not specified in
17 Attachment A, then such services will be negotiated between the COUNTY and
18 the CONTRACTOR and shall be based on prices similar to those outlined in
19 Attachment A.
20 B. In no event shall total compensation paid for services provided to the following
21 departments of the COUNTY under this Agreement exceed the following amounts
22 during the potential maximum five (5)year and four (4) month term: Department of
23 Public Works and Planning compensation for services shall not exceed nine
24 hundred thousand dollars ($900,000), compensation paid for services provided to
25 the Department of Public Health shall not exceed fifty thousand dollars ($50,000),
26 and the compensation paid for services provided to the County Administrative
27 Office shall not exceed four hundred thousand dollars ($400,000).
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1 C. ABATEMENT SERVICES — In no event shall the total compensation paid to
2 CONTRACTOR for Abatement Services, as described in Subsection 1(AA) of this
3 Agreement exceed $750,000.
4 D. AGREEMENT MAXIMUM — In no event shall the total compensation paid to
5 CONTRACTOR during the entire potential five (5) year and four (4) month term of
6 this Agreement for Routine, Emergency Response, Abatement, and Callback
7 Services exceed the sum of two million, one hundred thousand dollars
8 ($2,100,000).
9 3. Section 9 — Insurance of the Agreement located on page 12, line 10 through line 26, is
10 deleted in its entirety, and replaced with the following:
11 "A. Commercial General Liability
12 Commercial General Liability Insurance with limits of not less than five million dollars
13 ($5,000,000) per occurrence and an annual aggregate of ten million dollars ($10,000,000).
14 This policy shall be issued on a per occurrence basis. COUNTY may require specific
15 coverages including completed operations, products liability, contractual liability, Explosion-
16 Collapse-Underground, fire legal liability or any other liability insurance deemed necessary
17 because of the nature of this contract. These requirements may be met by a sufficiently large
18 umbrella policy in excess of the individual policies, which policy must be acceptable to
19 COUNTY. The Notice to Proceed shall not be issued by COUNTY until the insurance
20 coverages provided by CONTRACTOR are approved by COUNTY.
21 B. Automobile Liability
22 Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than
23 one million dollars ($1,000,000) per accident for bodily injury and for property damage.
24 Coverage should include owned and non-owned vehicles used in connection with this
25 Agreement.
26 C. Professional Liability
27 If CONTRACTOR employs licensed professional staff (e.g., Ph.D., R.N., L.C.S.W.,
28 M.F.C.C.) in providing services, Professional Liability insurance with limits of not less than
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1 three million dollars ($3,000,000) per occurrence, and five million dollars ($5,000,000) annual
2 aggregate. These requirements may be met by a sufficiently large umbrella policy in excess
3 of the individual policies, which policy must be acceptable to COUNTY. The Notice to Proceed
4 shall not be issued by COUNTY until the insurance coverages provided by CONTRACTOR
5 are approved by COUNTY."
6 4. When both parties have signed this Amendment No. 2, the Agreement, Amendment No.
7 1, and this Amendment No. 2 together constitute the Agreement.
8 5. The Contractor represents and warrants to the County that:
9 a. The Contractor is duly authorized and empowered to sign and perform its obligations
10 under this Amendment No. 2.
11 b. The individual signing this Amendment No. 2 on behalf of the Contractor is duly
12 authorized to do so and his or her signature on this Amendment No. 2 legally binds
13 the Contractor to the terms of this Amendment.
14 6. The parties agree that this Amendment No. 2 may be executed by electronic signature as
15 provided in this section.
16 a. An "electronic signature" means any symbol or process intended by an individual
17 signing this Amendment No. 2 to represent their signature, including but not limited to
18 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3)
19 an electronically scanned and transmitted (for example by PDF document) version of
20 an original handwritten signature.
21 b. Each electronic signature affixed or attached to this Amendment No. 2 is deemed
22 equivalent to a valid original handwritten signature of the person signing this
23 Amendment No. 2 for all purposes, including but not limited to evidentiary proof in any
24 administrative or judicial proceeding, and (2) has the same force and effect as the valid
25 original handwritten signature of that person.
26 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
27 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
28 2, Title 2.5, beginning with section 1633.1).
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1 d. Each party using a digital signature represents that it has undertaken and satisfied the
2 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
3 through (5), and agrees that each other party may rely upon that representation.
4 e. This Amendment No. 2 is not conditioned upon the parties conducting the transactions
5 under it by electronic means and either party may sign this Amendment No. 2 with an
6 original handwritten signature.
7 7. This Amendment No. 2 may be signed in counterparts, each of which is an original, and
8 all of which together constitute this Amendment No. 2.
9 8. The Agreement as amended by this Amendment No. 2 is ratified and continued. All
10 provisions of the Agreement and not amended by this Amendment No. 2 remain in full force and
11 effect.
12 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No.2 on the date stated in the introductory clause.
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4 1 Professional Asbestos Removal Corp.
DBA: PARC Environmental COUNTY OF FRESNO
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7 Jeffrey Davis, Hazmat Division Manager Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
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10 Attest:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
County of Fresno, State of California
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1 ,. By:
Louie Martina, President Deputy
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16 For accounting use only:
17 Org No.: 4510, 2540, 5620
18 Account Nos.: 7295, 7490
Fund Nod.: 0010, 0001
19 Subclass Nos.:11000, 10000
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