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THIRD AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
KNUDSEN GRADING COMPANY, INC. DBA GREEN MOUNTAIN ENGINEERING
1. PARTIES AND DATE.
This Third Amendment to the Maintenance/General Services Agreement (“Third Amendment”) is made and entered into this 20th day of August, 2020 by and between the City of Corona (“City”) and Knudsen Grading Company, Inc., DBA Green Mountain Engineering, 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 September 5, 2018 (“Agreement”), whereby Contractor agreed to provide Grading and Spoils removal services, RFP 18-051CA.
2.2 Amendment. City and Contractor desire to amend the Agreement for the third time in order to (1) extend the term of the Agreement for two years through June 30, 2022; (2) amend the Compensation for each fiscal year ending June 30, 2021 and June 30, 2022; (3) replace Exhibit “C” with Exhibit “C-3”.
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement, as amended by the Second Amendment, is hereby deleted in its entirety and replaced with the following:
“3.1.2 Term. The term of this Agreement shall be from July 1, 2020 to June 30, 2022 (“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 Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
3.2 Compensation. Section 3.3.1 (Compensation) and Exhibit “C” (Compensation) as amended by the Second Amendment, are hereby deleted in their entirety and replaced with the following:
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“3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under the Agreement at the rates set forth in Exhibit “C-3” attached hereto and incorporated herein by reference.
The total compensation, including authorized reimbursements, shall not exceed One Hundred Eighty Six Thousand Dollars ($186,000) during each fiscal year ending June 30, 2021 and June 30, 2022 (“Total Compensation”) without written approval of the 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 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.
3.4 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.
3.5 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]
DocuSign Envelope ID: 044C6811-EB36-4ED7-9B61-7E27061C3A2C 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2
SIGNATURE PAGE FOR THIRD AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
KNUDSEN GRADING COMPANY, INC. DBA GREEN MOUNTAIN ENGINEERING IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Maintenance/General Services Agreement as of the 20th day of August, 2020.
CITY OF CORONA
By: _________________________
Tom Moody
General Manager
Reviewed By:
_________________________
Katie Hockett
Assistant General Manager
Reviewed By:
__________________________
Scott Briggs
Purchasing Specialist V
KNUDSEN GRADING COMPANY, INC. DBA GREEN MOUNTAIN ENGINEERING a California Company
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (CEO, President, V.P.)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Secretary, CFO, Treasurer)
DocuSign Envelope ID: 044C6811-EB36-4ED7-9B61-7E27061C3A2C Kathryn Knudsen
Secretary u President
John Knudsen
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EXHIBIT "C-3"
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under the Agreement at the rates set forth in this Exhibit Rate Schedule
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Pursuant to section 3.2.12 Bonds, 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.
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