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HomeMy WebLinkAboutfresno county - signed A-21-431 Amendment 3 Exhibit A 5-23-25.pdf 1 AMENDMENT NO. 3 TO SERVICE AGREEMENT 2 This Amendment No. 3 to Service Agreement ("Amendment No. 3") is dated 3 6/3/2025 and is between each of the contractors who are listed in Exhibit "A", 4 attached hereto and incorporated herein by this reference, individually hereinafter referred to as 5 "Contractor" and collectively hereinafter referred to as "Contractors", and such additional 6 Contractors as may, from time to time during the term of this Agreement, be added by the 7 County of Fresno, and the County of Fresno, a political subdivision of the State of California 8 ("County"). 9 Recitals 10 A. On October 19, 2021, the County and the Contractor entered into Pump and Electrical 11 Motor Service & Repair Master Agreement, which is County agreement number 21-431 12 ("Agreement"), for pump and electrical motor service and repair, including on-site repairs and 13 replacement of water and wastewater related items to County. 14 B. On December 21, 2021, the County and the Contractor entered into Amendment#1 to 15 Master Agreement for Pump and Electrical Motor Service and Repair to add Gleim-Crown 16 Pump, Inc. as a contractor to provide pump and electrical motor service and repairs. 17 C. On May 28, 2024, the County and the Contractor entered into Amendment #2 to Master 18 Agreement for Pump and Electrical Motor Service and Repair to add Bogie's Pump Systems as 19 a contractor to provide pump and electrical motor service and repairs. 20 D. Whereas, under section 13 of the Agreement, County's Director of Public Works and 21 Planning reserved the right to add new Contractors to the Agreement by adding the new 22 Contractor to those listed in Exhibit "A" without notice to or approval of any of the other 23 Contractors of the Agreement. 24 E. Whereas, any such Contractor added must qualify according to the terms of Request for 25 Quotation No. 21-062 and Addendum Number One (collectively, RFQ No. 21-062). 26 F. The County and Contractors now desire to further amend the Agreement to add 27 Cornerstone Environmental Contractors, Inc as a contractor to provide pump and electrical 28 motor service and repairs. 1 1 The parties therefore agree as follows: 2 1. Existing Exhibit "A" of the Agreement as previously amended located as an exhibit to the 3 Agreement, s deleted in its entirety and replaced with the updated Exhibit "A", attached hereto 4 and incorporated herein by this reference, which now includes Cornerstone Environmental 5 Contractors, Inc. as a Contractor. Cornerstone Environmental Contractors, Inc agree that its 6 inclusion on Exhibit "A" does not constitute a guarantee or promise that it shall provide any 7 certain amount of work or services to County under the Agreement, as amended hereunder. 8 Cornerstone Environmental Contractors, Inc hereby acknowledges that it has received a 9 complete copy of the Agreement. 10 2. When both parties have signed this Amendment No. 3, the Agreement, Amendment No. 11 1, Amendment No. 2 and this Amendment No. 3 together constitute the Agreement. 12 3. The Contractor represents and warrants to the County that: 13 a. The Contractor is duly authorized and empowered to sign and perform its obligations 14 under this Amendment. 15 b. The individual signing this Amendment on behalf of the Contractor is duly authorized 16 to do so and his or her signature on this Amendment legally binds the Contractor to 17 the terms of this Amendment. 18 4. The parties agree that this Amendment may be executed by electronic signature as 19 provided in this section. 20 a. An "electronic signature" means any symbol or process intended by an individual 21 signing this Amendment to represent their signature, including but not limited to (1) a 22 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 23 electronically scanned and transmitted (for example by PDF document) version of an 24 original handwritten signature. 25 b. Each electronic signature affixed or attached to this Amendment (1) is deemed 26 equivalent to a valid original handwritten signature of the person signing this 27 Amendment for all purposes, including but not limited to evidentiary proof in any 28 2 1 administrative or judicial proceeding, and (2) has the same force and effect as the 2 valid original handwritten signature of that person. 3 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 4 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 5 2, Title 2.5, beginning with section 1633.1). 6 d. Each party using a digital signature represents that it has undertaken and satisfied 7 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 8 through (5), and agrees that each other party may rely upon that representation. 9 e. This Amendment is not conditioned upon the parties conducting the transactions 10 under it by electronic means and either party may sign this Amendment with an 11 original handwritten signature. 12 5. This Amendment may be signed in counterparts, each of which is an original, and all of 13 which together constitute this Amendment. 14 6. The Agreement as previously amended and as amended by this Amendment No. 3 is 15 ratified and continued. All provisions of the Agreement as previously amended and not 16 amended by this Amendment No. 3 remain in full force and effect. 17 [SIGNATURE PAGE FOLLOWS] 18 19 20 21 22 23 24 25 26 27 28 3 1 The parties are signing this Amendment No. 3 on the date stated in the introductory 2 clause. 3 Cornerstone Environmental Contractors, Inc. COUNTY OF FRESNO 4 Digitally signed by Bernard 5 Bernard Jimenez Jimenez Z /::t�Z' Date:2025.05.04 16:32:08-07'00' 6 Randy L. F wler, Pr sident Steven E. White Director of Public Works and Planning 7 P.O. Box 5127 Concord, CA 94524 8 9 For accounting use only: 10 Various County Service Areas and Waterworks Districts: 11 Orgs 9140, 9141, 9145, 9150, 9250, 9154, 9163, 9170, 9171, 9166, 9172, 9322, 9320, 9181, 9255, 9254, 9323, 9324, 9325, 9212, 9301, 9244, 9246, 9247, 9310, 9249, 9357, 9358, 9360, 9361, 9351, 9362 12 Various Disposal Sites: 13 Orgs 9026 and 9020 14 Accounts: 7205, 7220, 7295 15 Facility Services: Org: 8935 16 Account: 7205 Fund: 1045 17 Subclass: 10000 18 19 20 21 22 23 24 25 26 27 28 4 Master Agreement-Pump and Motor Services Exhibit A Page 1 of 1 LIST OF CONTRACTORS CONTRACTOR NAME ADDRESS CONTRACTOR CONTACT Contact: Wendy Blair P.O. Box 447 1. Shaver Lake Construction Phone: (559)841-3747 Shaver Lake, CA 93644 E-mail: wendy(a�shaverlakeconstruction.com Contact: Marc Sanchez 1122 Carrier Parkway Ave. 2. DXP Enterprises, Inc. Bakersfield, CA 93308 Phone: (714) 779-0911 Email: marc.sanchez(cDdxpe.com Contact: Curt B. Zimmerer 4532 E Jefferson Ave. 3. Zim Industries, Inc. Fresno, CA 93725 Phone: (559) 834-1551 Email: dc(cDzimindustries.com Contact: Jason Gleim P.O. Box 12585 4. Gleim-Crown Pump, Inc. Fresno, CA 93778 Phone: (559)266-0584 Email: jasonq(a�gleimcrownpump.com Contact: Jorge Mijangos 4916 E Ashlan Ave. 5. Bogie's Pump Systems Fresno, CA 93726 Phone: (559) 917-3536 Email: jorgem bpumps.net Contact: Randy L. Fowler P.O. Box 5127 6. Cornerstone Environmental Phone: (925) 324-0560 Contractors, Inc. Concord, CA 94524 Email: rfowler cornerstoneenv.com