1 AMENDMENT NO. 1 TO THE GENERAL
SERVICES AGREEMENT BETWEEN THE
CITY OF MANTECA AND “TRILLIUM USA COMPANY, LLC”
This Amendment No. 1 (“Amendment”) to Agreement #C2019-164 (“Agreement”) between the City of Manteca and “Trillium USA Company, LLC” is made and entered into this _____ day of __________________, 2024, by and between “Trillium USA Company, LLC” a Delaware limited liability company (“Contractor”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
A. On “January 24, 2020”, the City of Manteca approved an Agreement with Contractor to provide professional services for repairs, emergency call- out, maintenance, and reporting services
B. City now desires to amend the Agreement in order to expand the term of service and increase dollar amount of services to be undertaken by the Contractor.
C. Contractor represents that it has the necessary professional skills and experience to satisfactorily provide consulting services in a timely manner.
D. City desires to engage Contractor for the purposes of completing the scope of services identified.
NOW, THEREFORE, the parties hereby agree as follows:
1. Statement of Work. Attachment 1 to the Agreement is hereby amended by adding the tasks set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by reference, “Statement of Work and Activities #2”.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
“3. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall continue in the manner of the original contract until all authorized work is approved by the City. All such work shall be completed no later than “January 3, 2027”.
3. Paragraph 4 of the Agreement is hereby amended to read as follows:
“4. Compensation. Compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Attachment 1 to this Amendment, which is incorporated herein by reference. In addition to the Compensation for the Agreement, compensation for Amendment No. 1 services shall in no event exceed ONE HUNDRED THIRTY EIGHT
ATTACHMENT 2
2 THOUSAND TWO HUNDRED AND FORTY DOLLARS ($138,240.00). without additional authorization from the City. In no event shall total compensation for work performed pursuant to this Agreement and Amendments No. 1 exceed FOUR HUNDRED EIGHT THOUSAND EIGHT HUNDRED
FORTY DOLLARS ($408,840.00) without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.”
4. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
THIS SPACE INTENTIONALLY LEFT BLANK
3 TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONTRACTOR:
Trillium USA Company LLC
_________________________________ ___________________________________ Toni Lundgren (Type name of Contractor/form of organization)* City Manager
ATTEST: By: ___________________________________
(Signature)
Ryan Erickson, Vice President
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Shay Narayan (Type name and title)
Director of Finance
COUNTERSIGNED: Address: 2929 Allen Parkway, Suite 4100
Houston, TX 77019
_________________________________ Email: [email protected] Stephanie Van Steyn,
Director of Human Resources Telephone: (346) 397-7475
APPROVED AS TO FORM:
L. David Nefouse, City Attorney
By:_________________________________
Daniella Green, Assistant City Attorney
4 ATTACHMENT 1 TO AMENDMENT
STATEMENT OF WORK AND ACTIVITIES #2
2929 Allen Parkway, Suite 4100, Houston, TX 77019
03/20/2024
City of Manteca
2450 W Yosemite Ave
Manteca, CA 95337
Annual Adjustment to your Contract Price
Dear Customer:
Please be advised that your contract price is scheduled for an annual adjustment effective immediately for call outs. The price index referenced in your contract has been used to calculate adjustment to the following component(s):
Effective Dates: 1/2024 – 12/2024
Description Current Price New Price
Labor
110.17 113.58
Labor OT
165.26 170.37
Travel Time (Mileage)
.99 1.02
We look forward to continuing to meet your expectations for reliable CNG fueling service. If you have any questions, please contact us.
Thank you for your business.
Trillium Accounting
5 ATTACHMENT 2
INSURANCE DOCUMENTS
6 Holder Identifier : 7777777707070700077763616065553330772617446304557707452026672517300073751476157220120772405557067455207526015772674512075666371764767340714423757623675207704411712270130077727252025773110777777707000707007 6666666606060600062606466204446200600200404226202006222024262242222062220242620402220622220624006002006222006040242000062202260422620200622202606204002006022226240202600066646062240664440666666606000606006 Certificate No : 570104294385
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
03/12/2024
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Aon Risk Services Southwest, Inc.
Houston TX Office
1300 Post Oak Blvd., Suite 1400
Houston TX 77056 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Texas Insurance Company 16543
INSURER B: Ironshore Specialty Insurance Company 25445
INSURER C: ACE American Insurance Company 22667
INSURER D: Indemnity Insurance Co of North America 43575 INSURER E: ACE Fire Underwriters Insurance Co. 20702
INSURER F:
FAX
(A/C. No.): (800) 363-0105
CONTACT
NAME:
Trillium USA Company LLC
PO Box 26210
Oklahoma City OK 73126 USA
COVERAGES CERTIFICATE NUMBER: 570104294385 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
$1,000,000
$1,000,000
$8,000,000
$8,000,000
C Y Y 04/01/2024 04/01/2025
SIR applies per policy terms & conditions
XSLG48912783
PROJECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$5,000,000 C Y Y 04/01/2024 04/01/2025 COMBINED SINGLE LIMIT (Ea accident)
ISA H10764919
EXCESS LIAB
X OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
$10,000,000
$15,000,000
12/01/2020
SIR applies per policy terms & conditions
UMBRELLA LIAB A TCOK20347a 04/01/2025
X RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
D 04/01/2024 04/01/2025 PER STATUTE
C WLRC54508050 04/01/2024 04/01/2025
E SCFC54508116 04/01/2024 04/01/2025
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / A
Y
Y
N Y
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
WLRC54507902
ISPILLSCHJOA001 04/01/2022 04/01/2025 Aggregate
Each Incident $10,000,000
B Environmental Site Liability $10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) MCS90 and CA9948 are included on the above referenced Automobile Liability policy. If required by contract, Certificate Holder is Included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. If required by contract, a Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies.
CERTIFICATE HOLDER CANCELLATION
City of Manteca AUTHORIZED REPRESENTATIVE
Its Officers, Officials, Employees
Agents and Volunteers
1001 W. Center Street
Manteca CA 95337 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
7