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<br /> 142 <br /> <br /> STATE OF TEXAS <br /> COUNTY OF HAYS <br /> AMENDMENT NO.1 <br /> CONTRACT FOR SLUDGE LOADING, HANDLING, <br /> HAULING AND DISPOSAL SERVICES <br /> FOR THE SAN MARCOS WASTEWATER TREATMENT PLANT <br /> The City of San Marcos ("City") and Magna Flow Environmental, Inc. ("Contractor") agree <br /> to amend the Contract for Sludge Loading, Handling, Hauling and Disposal Services (the <br /> "Contract") approved August 10, 1998 as follows: <br /> 1. Section 6.3 is amended to read: <br /> 6.3 Before commencing any work under this Contract, the Contractor will furnish to the <br /> City an irrevocable letter of credit. The term of the letter of credit will be for the first year <br /> of the contract, and the amount of the letter of credit will be $50,400.00. Sixty (60) days <br /> prior to t~e end of the first year of service to the City, the Contractor and the City will <br /> negotiate the need for a letter of credit or performance bond based on the performance of <br /> the Contractor from the preceding year. Should the performance evaluation of the <br /> Contractor be satisfactory to the City, the letter of credit or performance bond will be <br /> waived for the following year of service. All subsequent years of the contract will be <br /> evaluated and approved by the City annually to determine the need for a letter of credit or <br /> performance bond. The amount of subsequent years of letters of credit or performance <br /> bonds will be calculated as follows: (UNIT PRICE OF $0.035/GALLON) X (ACTUAL DAILY <br /> AVERAGE QUANTITY OF CLASS A SLUDGE IN GALLONS FROM PRECEDING <br /> CONTRACT YEAR) X (180 DAYS). All letters of credit and performance bonds will be <br /> issued to the City by federally insured back/surety company with offices in Texas. The <br /> form of all letters of credit and performance bonds will be subject to approval by the City <br /> Attorney of the City. Failure of the contractor to furnish the initial letter of credit, or any <br /> subsequent letter of credit required by the City will constitute a default under the contract. <br /> 2. The parties agree that all of the remaining terms and conditions of the original <br /> Contract shall remain in effect and continue to govern for the duration of the Contract. <br /> By the signing of this amendment, the parties expressly understand and agree that this <br /> amendment will become a part of the Contract identified above. <br /> 1 <br /> City Hall \! 630 East Hopkins \! San Marcos, Texas 78666 . 512/393-8150 . FAX 512/393-3983 <br />