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ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
THIRD AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH CHRISP COMPANY
(STREET STRIPING AND PAVEMENT MARKING MAINTENANCE REPAIR SERVICES, RFP 18-005SB)
1. PARTIES AND DATE.
This Third Amendment to the Maintenance/General Services Agreement (Third Amendment”) is made and entered into this 6th day of July, 2022 by and between the City of Corona (“City”) and Chrisp Company, a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Third Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated June 6, 2018 (“Agreement”), whereby Contractor agreed to provide street striping and pavement marking maintenance services.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about November 19, 2020 (“First Amendment”). City and Contractor entered into that certain Second Amendment to the Maintenance/General Services Agreement on or about July 7, 2021 (“Second Amendment”).
2.3 Amendment. City and Contractor desire to amend the Agreement for the Third time to (1) extend term to the Agreement for two years through June 30, 2024; (2) increase the Rate and Total Compensation to Two Hundred One Thousand Dollars ($201,000) per fiscal year; and (3) replace Exhibit “C-1” (Compensation) with Exhibit “C-2” (Compensation).
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement and Amendments are hereby deleted in their entirety and replaced with the following:
"The term of this Agreement shall be from June 6th, 2018 to June 30, 2024 (“Term”), unless earlier terminated as provided herein.
Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal 2 (BB&K: 9-10)
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Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement."
3.2 Rates & Total Compensation. Section 3.3.1 of the Agreement and Amendments are hereby deleted in their entirety and replaced with the following:
“Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-2” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Two Hundred One Thousand Dollars ($201,000.) (“Total
Compensation”) per fiscal year without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Exhibit “C-1” (Compensation) from the First Amendment is hereby deleted in its entirety and replaced with Exhibit “C-2” (Compensation).
3.4 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Third Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third Amendment.
3.5 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 Third Amendment.
3.6 Counterparts. This Third 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]
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ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
THIRD AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH CHRISP COMPANY
(STREET STRIPING AND PAVEMENT MARKING MAINTENANCE REPAIR SERVICES, RFP 18-005SB)
IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director
Reviewed By: _________________________
Rosalva Ureno
City Traffic Engineer
Reviewed By: _________________________
Scott Briggs
Acting Purchasing Manager
Attest: _________________________
Sylvia Edwards,
City Clerk
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ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
THIRD AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH CHRISP COMPANY
(STREET STRIPING AND PAVEMENT MARKING MAINTENANCE REPAIR SERVICES, RFP 18-005SB)
IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
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ORANGE\DDERLETH\55191.2 PTEAM 03102022
EXHIBIT "C-2”
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in this Exhibit ”C-2”.
PURSUANT TO SECTION 3.2.12 ABOVE Each individual call-out under this Agreement is a separate project for purposes of the City’s bidding and purchasing requirements, including, but not limited to, its bond requirements provided for in Civil Code Section 9550(a), which mandates that the City require a payment bond for certain public work projects involving an expenditure in excess of $25,000.
The successful Contractor shall provide a 100% payment bond for all individual call-out projects for which a project work order has been issued by the City in excess of $25,000. The payment bond shall be completed with the payment bond form provided by the City.
Whenever a bond is required by the City for an individual call-out project, the Contractor will be able to include the costs of the bonds for that individual call-out.
The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the total individual call-out project price. 6 (BB&K: 9-10)
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