CA\JR\06200.13002\10259358.1
(CITY ATTY: 01-14)
FIRST AMENDMENT TO
AGREEMENT FOR REMOVAL, TRANSPORTATION, AND DISPOSAL
OF CLASS B BIOSOLIDS
BETWEEN THE CITY OF CORONA
AND
SYNAGRO-WWT, INC.
1. PARTIES AND DATE.
This First Amendment to the Agreement for Removal, Transportation, and Disposal of Class B Biosolids (“First Amendment”) is made and entered into this 6th day of April, 2022 by and between the City of Corona (“City”) and Synagro-WWT, Inc., a Maryland corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Agreement for Removal, Transportation, and Disposal of Class B Biosolids dated September 1, 2021 (“Agreement”), whereby Contractor agreed to provide remove, transport and dispose of Class B biosolids generated at the City’s Water Reclamation Facility #1.
2.2 Amendment. City and Contractor desire to amend the Agreement for the first time to clarify the Parties intent with respect to the portion of the compensation that was to be paid to Contractor for processing and disposal of the Class B biosolids when removal and transportation services were not also to be conducted.
3. TERMS.
3.1 Exhibit “C”. Exhibit “C” of the Agreement is hereby deleted in its entirety and replaced with Exhibit “C-1” attached hereto and incorporated herein by reference.
3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.4 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 12656078-1FEE-4AD2-86E0-D6E519032664 CA\JR\06200.13002\10259358.1
2 (CITY ATTY: 01-14)
CITY’S SIGNATURE PAGE FOR
FIRST AMENDMENT TO
AGREEMENT FOR REMOVAL, TRANSPORTATION, AND DISPOSAL
OF CLASS B BIOSOLIDS
BETWEEN THE CITY OF CORONA
AND SYNAGRO-WWT, INC.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Agreement for Removal, Transportation, and Disposal of Class B Biosolids as of the date first written above.
CITY OF CORONA
a California municipal corporation
By: _________________________
Tom Moody
Director of Utilities
Reviewed By: _________________________
Kristian Alfelor
Utilities Operations Manager
Reviewed By: _________________________
Scott Briggs
Acting Purchasing Manager
Attest: _________________________
Sylvia Edwards, City Clerk
City of Corona, California
DocuSign Envelope ID: 12656078-1FEE-4AD2-86E0-D6E519032664 CA\JR\06200.13002\10259358.1
3 (CITY ATTY: 01-14)
CONTRACTOR’S SIGNATURE PAGE FOR
FIRST AMENDMENT TO
AGREEMENT FOR REMOVAL, TRANSPORTATION, AND DISPOSAL
OF CLASS B BIOSOLIDS
BETWEEN THE CITY OF CORONA
AND SYNAGRO-WWT, INC.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Agreement for Removal, Transportation, and Disposal of Class B Biosolids as of the date first written above.
SYNAGRO-WWT, INC.
a Maryland corporation
By: _________________________
Signature
_________________________
Name
_________________________
Title (President, Vice President or CEO)
By: _________________________
Signature
_________________________
Name
_________________________
Title (Secretary, Treasurer or CFO)
DocuSign Envelope ID: 12656078-1FEE-4AD2-86E0-D6E519032664 Robert Preston
CEO
CFO
Michael Pisch
CA\JR\06200.13002\10259358.1
4 (BB&K: 9-10)
27157.11000\2955190.2
EXHIBIT “C-1"
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in this exhibit.
Class B Biosolids Product
Service Price Per Wet Ton
Removal, transportation, processing & disposal $63.00
Processing & disposal only (no removal or transportation) $25.10 Should Contractor experience a need to divert 45% or greater of the annual tonnage produced by the City to Nursery Products, Contractor shall offer a 5% discount to the stated pricing for this tonnage.
CPI Increases
All prices shall be adjusted annually beginning on July 1, 2022, based on the percentage change in the United States Bureau of Labor Statistics Consumer Price Index “All Urban Consumers for Riverside, California Area (CPI-U), not seasonally adjusted, for the most recent twelve (12) months for which statistics are available. This method of price adjustment shall apply to each extension period exercised. Option years shall become effective only upon issuance by the City of a duly authorized purchase order.
Fuel Surcharge Formula
A monthly fuel surcharge based on the U.S. Energy Information Administration’s “U.S. OnHighway Diesel Fuel Prices” web data, “California”, (monthly average of fuel pricing posted each Monday) shall be applied for the month in which the Contractor performs services with a base fuel rate of $4.316 per gallon subject to the following formulas:
Nursery Products Compost Facility, San Bernardino County, CA:
Fuel Surcharge Increase Formula: Distance Multiplier [0.63] X EIA fuel cost per gallon [$ ] – Base Fuel Price [4.316] X Tons of Biosolids Managed [$_______] Minimum tons per load: 23.5
Arizona Soils Compost Facility, La Paz County, AZ:
Fuel Surcharge Increase Formula: Distance Multiplier [1.65] X EIA fuel cost per gallon [$ ] – Base Fuel Price [$4.316] X Tons of Biosolids Managed [$_______] Minimum tons per load: 23.5
DocuSign Envelope ID: 12656078-1FEE-4AD2-86E0-D6E519032664