HomeMy WebLinkAboutAgreement A-14-507-1 with Terry Johnson Trucking Inc..pdfFIRST AMENDMENT TO AGREEMENT 1
2 THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made this
3 26th day of March 2019, by the COUNTY OF FRESNO, a political subdivision of the
4 State of California (COUNTY), and TERRY JOHNSON TRUCKING INC., whose
5 address is 31186 W. Gale Avenue, Coalinga, CA 93210 (hereinafter called
6 "CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR previously entered into an
9 Agreement dated the 26th of August 2014, and identified as County Agreement No. 14-
10 507 (Agreement), under which the CONTRACTOR agreed to provide trucking services
11 on a twenty-four (24) hour advance notice; and
12 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement
13 to extend the term by two years, increase the maximum annual compensation for the
14 fourth and fifth year and update the quotation schedule for services.
15 NOW, THEREFORE, based on the foregoing and in consideration of their mutual
16 promises as set forth herein, the parties agree to amend the above-referenced
17 Agreement as follows:
18 1.The promises, agreements, covenants, obligations, and amendments
19 made herein are retroactively ratified to May 1, 2018, and going forward until the
20 termination or expiration of the Agreement.
21 Article 3 TERM, beginning on page 1, line 25 and ending on page 2, line 1, is hereby
22 deleted and replaced in its entirety to read as follows:
23 1."Attachment A1 -First Amendment to Agreement No. 14.507 -Te rry
24 Johnson Trucking, Inc." (Attachment A 1 ), which is attached hereto, is inserted
25 into the Attachment A of the Agreement, immediately after the "QUOTATION
26 SCHEDULE" at page 14 of Attachment A. Attachment A1 is only applicable
27 to work performed between January 1, 2019, and August 25, 2021.
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18-1233 Agreement No. 14-507-1
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2.For work performed between August 26, 2014, through December 31,
2018, CONTRACTOR will use "Chargeable Billing Period" terms, conditions and
agreements, as delineated on page 17 and page 18 of Attachment "A" to the
Agreement. For all work performed between January 1, 2019, through August 25,
2021, CONTRACTOR will use the "Chargeable Billing Period" terms, conditions and
agreements, as delineated on page 14-a and page 14-b of Attachment A 1.
3.Attachment A1 's "QUOTATION SCHEDULE" contains a rate table with
several columns. For the term January 1, 2019, through August 25, 2021, the rates
underneath the "Discounted" Hourly Rate column shall be used until such time that
CONTRACTOR completes 5,323 total hours at the discounted rate or the applied
discount running balance reaches $63,881. After the aforementioned total hours or
balance is reached, CONTRACTOR may charge at the rates in the "Full" Hourly Rate
column.
4.Article 3 TERM, beginning on page 1, line 25 and ending on page 2, line
1, in the Agreement, is hereby deleted and replaced in its entirety to read as follows:
"1. TERM:
This Agreement shall continue in full force and effect from the date
of the execution hereof until August 25, 2021. Any increase in the term of this
Agreement must be approved, in writing, by the COUNTY Board of Supervisors.
5.Article 5 COMPENSATION/INVOICING, beginning on page 2, line 26 and
ending on page 3, line 10, in the Agreement, is hereby deleted and replaced in its
entirety to read as follows:
"5. COMPENSATION/INVOICING:
COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to
receive compensation from August 26, 2014 through December 31, 2018
as indicated in the attached corresponding bid sheet, included as part of
Attachment "A". For the time period between January 1, 2019, and
August 25, 2021, COUNTY agrees to pay CONTRACTOR and
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1 CONTRACTOR agrees to receive compensation from January 1, 2019
2 through August 25, 2021 as indicated in Attachment A 1, which is included
3 as part of Attachment "A", at pages 14-a and 14-b. CONTRACTOR shall
4 submit monthly invoicing in triplicate to the County of Fresno, Department
5 of Public Works and Planning, Maintenance and Operations Division.
6 Payment will be issued to CONTRACTOR within forty-five (45) calendar
7 days after receipt and approval of invoices(s).
8 The annual total compensation for services shall be as follows: (i) for the
9 first, second, and third year of the Agreement, total compensation is
10 limited to a maximum of Three Hundred Twenty-Five Thousand Dollars
11 ($325,000) for each year, (ii) for the fourth year of the Agreement , total
12 compensation is limited to a maximum of Seven Hundred Seventy-One
13 Thousand Dollars ($771,000) and (iii) for the fifth, sixth and seventh year
14 of the Agreement, total compensation is limited to a maximum of Five
15 Hundred Thousand Dollars ($500,000) for each year. In no event shall the
16 maximum contract amount exceed Three Million Two Hundred Forty-Six
17 Thousand Dollars ($3,246,000) over the seven-year term. It is understood
18 that all expenses incidental to CONTRACTOR'S performance of services
19 under this Agreement shall be borne by CONTRACTOR."
20 6.This First Amendment is intended to retroactively increase the Agreement
21 maximums, to retroactively ratify the services provided by CONTRACTOR, and to
22 retroactively ratify any payments to CONTRACTOR which were, as of the execution of
23 this First Amendment, outside of the Agreement maximums, to the extent that the
24 Director of Public Works and Planning, or his/her designee determines that such are
25 appropriate.
26 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to
27 amend the Agreement and that upon full execution of this First Amendment, the
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1 Agreement and this First Amendment together shall be considered and shall constitute
2 the Agreement.
3 The Agreement, as hereby amended, is ratified and continued. All provisions,
4 terms, conditions, mutual covenants and promises set forth in the Agreement shall
5 remain in full force and effect, except as hereinabove amended.
6 EXECUTED AND EFFECTIVE as of the date first set forth above.
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CONTRACTOR AND/OR CONSUL TANT
,~~ J.sb~
(~ized Signature)
If~~ ~._.j ~
Print Nameanc\ Title
1860 W. Better~via
Mailing Address
Santa Maria, CA 93455
City, State, and Zip Code
24 FOR ACCOUNTING USE ONLY
25 ORG No.: 4510
Account No.: 7295
26 Fund No.: 001 0
Subclass No.: 11000
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G:\4510RdMaint\AGENDAS\Finaled Al 2019\0326_On file
28 with Clerk -First Amendment to Agt 14-507 Terry Johnson
Trucking -Revised.docx
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COUNTY OF FRESNO
Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By&~~·&
Deputy
Attachment A1 -First Amendment to Agreement No. 14-507 -Terry Johnson Trucking, Inc.
QUOTATION SCHEDULE
Company Name: Terry Johnson Trucking, Inc.
Each hourly rate quoted shall include all labor, materials, equipment, travel time, transportation,
fees, permits, insurance, licenses, overhead, taxes etc. to perform trucking/hauling services as
specified.
"FULL" "DISCOUNTED"
Hourly Rate Hourly Rate Hourly Rate
(Aug. 26, 2014 (Jan. 1, 2019 -(Jan. 1, 2019 -
Zone -Dec. 1, 2018 Au .25,2021 Au . 25, 2021
A Day $100 $120 $108
A Day Demolition Trailer Rig $ 80 $110 $ 99
A Day Transfer Rigs $100 $120 $108
A Day Super 10's $100 $120 $108
A Day Lowbed Rigs (16 Tire) $100 $120 $108
A Night Double Bottom Dump $ 90 $130 $117
A Night Demolition Trailer Rig $ 90 $120 $108
A Night Transfer Rigs $ 90 $130 $117
A Night Lowbed Rigs (16 Tire) $ 90 $135 $122
B Day Double Bottom Dump $115 $135 $122
B Day Demolition Trailer Rig $115 $135 $122
B Day Transfer Rigs $115 $135 $122
B Day Lowbed Rigs (16 Tire) $115 $135 $122
B Night Double Bottom Dump $ 95 $140 $126
B Night Demolition Trailer Rig $ 95 $140 $126
B Night Transfer Rigs $ 95 $140 $126
B Night Lowbed Rigs (16 Tire) $ 95 $140 $126
Chargeable Billing Period:
1.) The chargeable/billable period time period will BEGIN for each specific truck upon the
scheduled load time (as specified by the County representative) at the plant or, if in the field,
upon arrival at the scheduled time (as specified by the County representative).
2.) The chargeable/billable period time period will END for each specific truck after each specific
truck arrives at the delivery site of each specific haul day, completes its final material
delivery/distribution, obtains a signed acceptance/confirmation by an authorized County of
Fresno representative, and completes its travel time back to the start (BEGIN) location for
that specific day, which may be a materials plant or field site.
a.Hours shall be billed and quoted in units of one-tenth (1/10) hour.
Page 14-a
b.Partial units of up to and including three (3) minutes shall be rounded down.
c.A partial unit in excess of three (3) minutes shall be rounded up.
Discounted Hourly Rate:
1.) Terry Johnson Trucking, Inc. shall invoice the "Discounted" hourly rate effective January 1, ·
2019 and extending until such hours billed equals 5,323 hours or the applied discount
reaches a running balance of $63,881. The "Full" hourly rate shall apply to all hours after
5,323 or after the applied discount reaches a running balance of $63,881.
Signed: - �-,_�-,,J.
Terry J�resident
Terry Johnson Trucking, Inc.
Page 14-b