HomeMy WebLinkAboutAgreement A-16-623-1 with Fakouri Electrical Engineering Inc..pdf- 1 -
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is made and entered into
this day of , 2020, by and between COUNTY OF FRESNO, a political
subdivision of the State of California, Fresno, California (“COUNTY”), and Fakouri Electrical
Engineering, Inc., a California corporation, whose address is 30001 Comercio, Rancho Santa
Margarita, CA 92688 (“CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 16-623, dated
October 18, 2016 (“Agreement”), pursuant to which CONTRACTOR agreed to perform maintenance
and repair services for COUNTY’s uninterruptible power supply (UPS) systems; and
WHEREAS, the COUNTY has unanticipated corrective/emergency maintenance needs, and
replacement costs for the UPS batteries at the COUNTY’s facilities;
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to
increase the total compensation amount.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
1.A portion of Section 5 – “COMPENSATION” of the Agreement, located on page 5, line
28 through page 6, line 7, is deleted, and replaced with the following:
“B. Corrective Maintenance and Parts – Rates for corrective maintenance labor will be charged
at $112.00 per hour during CONTRACTOR’s normal workday hours (Monday through Friday, 7:00
a.m. through 6:00 p.m.) and $155.00 per hour after such normal working hours and holiday hours.
Materials will be charged at a rate of cost, plus eight percent (8%). In no event shall the total costs of
replacement parts and corrective maintenance services provided under this Agreement exceed
$591,780.00 during the potential five-year term of this Agreement.
C.Total Maximum Compensation – In no event shall all compensation paid services performed
under this Agreement exceed $640,000.00 during the potential five-year term of this Agreement.”
COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
Agreement and, that upon execution of this First Amendment, the Agreement and this First
Agreement No. 16-623-1
6th October
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Amendment together shall be considered the “Agreement.”
2.Section 11 – “INSURANCE” of the Agreement is deleted in its entirety, and replaced
with the following:
“Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire
legal liability or any other liability insurance deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any
auto used in connection with this Agreement.
C.Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.)
in providing services, Professional Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
If any of the required policies provide coverage on a claims-made basis:
1.The Retroactive Date must be shown and must be before the date of the contract or the
beginning of contract work.
2.Insurance must be maintained, and evidence of insurance must be provided for at least five
(5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a Retroactive Date prior to the contract effective date, the Consultant must purchase
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“extended reporting” coverage for a minimum of five (5) years after completion of contract work.
D. Workers Compensation
A policy of Worker’s Compensation insurance as may be required by the California Labor
Code.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance
naming the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned. Such
coverage for additional insured shall apply as primary insurance and any other insurance, or self
insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not
contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not
be cancelled or changed without a minimum of thirty (30) days advance written notice given to
COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may
be necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation
under this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, Director of Internal Services/Chief
Information Officer, 333 W. Pontiac Way, Clovis, CA 93612, stating that such insurance coverage have
been obtained and are in full force; that the County of Fresno, its officers, agents and employees will
not be responsible for any premiums on the policies; that for such worker’s compensation insurance
the CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and
employees any amounts paid under the insurance policy and that waiver does not invalidate the
insurance policy; that such Commercial General Liability insurance names the County of Fresno, its
officers, agents and employees, individually and collectively, as additional insured, but only insofar as
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the operations under this Agreement are concerned; that such coverage for additional insured shall
apply as primary insurance and any other insurance, or self insurance, maintained by COUNTY, its
officers, agents and employees, shall be excess only and not contributing with insurance provided
under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California.
Insurance purchased shall be purchased from companies possessing a current A.M.Best, Inc. rating of
A FSC VII or better.”
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement and not amended herein shall remain
in full force and effect.
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EXECUTED AND EFFECTIVE as of the date first above set forth.
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CONTRACTOR
/11.~+---
(Authorized Signature)
Mailing Address 12 !.?
FOR ACCOUNTING USE ONLY :
19 Fund : 1045
20 Subclass : 10000
21 ORG : 8935
22 Account: 7205
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COUNTY OF FRESNO
£.~~~
Ernest BuddyMees, Chairmanofthe
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 : _ __,,c:£~A ...... o: ...... ,---==L_&==-------~
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