HomeMy WebLinkAboutAgreement A-13-761-2 with Central State Inc..pdf 17-0201 Agreement No. 13-761-2
1 SECOND AMENDMENT TO AGREEMENT No. 13-761
2 THIS SECOND AMENDMENT TO AGREEMENT is made this 25th day of
3 April 2017, by and between the COUNTY OF FRESNO, a political subdivision
4 of the State of California (COUNTY), and Central State, Inc., a California corporation,
5 whose address is P.O. Box 730, Auberry, CA 93602 (CONTRACTOR).
6 WITNESSETH:
7 WHEREAS, COUNTY and CONTRACTOR previously entered into an
8 Agreement dated the 1 Oth day of December, 2013, and identified as County Agreement
9 No. 13-761 (Agreement), under which the CONTRACTOR agreed to provide all
10 services related to sewage sludge pumping and removal; and
11 WHEREAS, on the 15 th day of November, 2016, a First Amendment to
12 Agreement No. 13-761 ("First Amendment") was executed to increase the Agreement
13 compensation provisions; and
14 WHEREAS, the COUNTY and CONTRACTOR now desire to amend the
15 Agreement to provide all services related to leachate pumping and removal at the
16 American Avenue Disposal Site; and
17 WHEREAS, this extra service requires amendment to the First Amendment to
18 increase the maximum annual compensation of the current one-year period of the
19 Agreement and the final optional one-year period, if it occurs.
20 NOW THEREFORE, based on the foregoing and in consideration of their mutual
21 promises as set forth herein, the parties hereto agree to amend the above-referenced
22 Agreement as follows:
23 1. Paragraph E is hereby added to Section 1 (entitled "OBLIGATIONS OF
24 THE CONTRACTOR") of the Agreement, by insertion of the following language
25 between the end of Paragraph 1.1) on page 3, line 2 and the start of Section 2 (entitled
26 "OBLIGATIONS OF THE COUNTY") on page 3, line 3:
27 "E. CONTRACTOR shall provide all services (including, but not limited
28 to, labor, material, equipment, transportation, taxes) related to perform
1
1 leachate pumping and removal at the American Avenue Disposal Site
2 located at 18950 W. American Avenue, Madera CA 93630.
3 1.) The CONTRACTOR shall possess the appropriate license
4 and/or permits to handle and transport leachate.
5 2.) Trucks dispatched to American Avenue Disposal Site shall
6 be empty and must have a minimum capacity of 3,000
7 gallons. The certified total capacity of the truck's tank shall
8 be clearly stated on the exterior of the tank.
9 3.) Service shall be performed within forty-eight (48) hours of
10 notification by COUNTY. After notification by COUNTY,
11 CONTRACTOR will provide COUNTY with estimated time of
12 arrival at service site. The contact person for the
13 CONTRACTOR shall be: Cari Cotton, Telephone: (559) 855-
14 2532; Cell: (559) 907-0428; E-mail: centralstateCcDnetptc.net.
15 4.) All material pumped from the American Avenue Disposal
16 Site shall be disposed of at a disposal site legally authorized
17 to accept leachate.
18 5.) The CONTRACTOR shall dispose of leachate at the rate of
19 $.20 per gallon."
20 2. Paragraph A of Section 6 of the Agreement, beginning on page 4, line 24
21 and ending on page 5, line 6, as previously modified by the First Amendment, is hereby
22 deleted in its entirety and replaced with the following language:
23 "A. Notwithstanding any other provisions of this Agreement, the
24 annual total compensation for services shall be as follows: (i) for
25 the first and second years of the Agreement, compensation is
26 limited to a maximum of Two Hundred Forty Thousand and
27 No/100s Dollars ($240,000) for each year; (ii) for the third year of
28 the Agreement, compensation is limited to a maximum of Three
2
1 Hundred Twenty Thousand and No/100s Dollars ($320,000); (iii) for
2 the fourth year of the Agreement, compensation is limited to a
3 maximum of Four Hundred Seventy Thousand and No/100s Dollars
4 ($470,000); (iv) if this Agreement is extended for a fifth year as
5 provided in Section 3 of this Agreement, compensation is limited to
6 a maximum of Four Hundred Seventy Thousand and No/100s
7 Dollars ($470,000). In no event shall maximum compensation for
8 services under this Agreement exceed One Million Seven Hundred
9 Forty Thousand and No/100s Dollars ($1,740,000) for the total
10 potential maximum five (5) year period covered by the initial term
11 and the two additional one-year extension periods, if both such
12 extensions occur."
13 All other terms, conditions, mutual covenants, and promises contained in the
14 Agreement shall remain in full force and effect except as hereinabove amended.
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I IN WITNESS WHEREOF, the parties hereto have caused this Second
2 Amendment to Agreement to be executed as of the day and year first above written.
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4 CONTRACTOR COUNTY OF FRESNO
CENTRAL STATE, INC.
5 P.O. BOX 730
AUBERRY, CA 93602
6
By: L
7 Wt Cotton, Manager Brian Pacheco, Chairman
Board of Supervisors
8
9 ATTEST:
Bernice E. Seidel, Clerk
10 REVIEWED AND RECOM ENDED Board of Supervisors
FOR APPROVAL
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By: By: &19�"
13 Steven E. White, DVector Deputy
Department of Public Works and
14 Planning
15
16 APPROVED AS TO LEGAL ORM
Daniel C. Cederborg
17 County Catin7,
18 By:zl�
19 Deputy
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APPROVED AS TO ACCOUNTING FOR ACCOUNTING USE ONLY
21 FORM Special Districts
Oscar J. Garcia, CPA Org. No.: Various Budgets
22 Auditor-Controller[Treasurer-Tax Account No.: 7220
Collector
23 Parks
Org. No.: 7910
24 By: Account No.: 7430
Deputy
25 Disposal Sites
Org. No.: 9026
26 Account. No.: 7295
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