ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
FIFTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH KNUDSEN GRADING COMPANY, INC.
DBA/GREEN MOUNTAIN ENGINEERING
(GRADING AND SPOILS REMOVAL SERVICES – AS-NEEDED GRADING AND SPOILS REMOVAL SERVICES – RFP 18-051CA)
1. PARTIES AND DATE.
This Fifth Amendment to the Maintenance/General Services Agreement (“Fifth Amendment”) is made and entered into this _____ day of _____________, 2024 by and between the City of Corona (“City”) and Knudsen Grading Company, Inc., dba/Green Mountain Engineering (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Fifth 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 on an as-needed basis.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about February 15, 2019 (“First Amendment”). City and Contractor entered into that certain Second Amendment to the Maintenance/General Services Agreement on or about May 15, 2019 (“Second Amendment”).
City and Contractor entered into that certain Third Amendment to the Maintenance/General Services Agreement on or about August 20, 2020 (“Third Amendment”). City and Contractor entered into that certain Fourth Amendment to the Maintenance/General Services Agreement on or about August 24, 2022 (“Fourth Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the fifth time to increase the compensation by $81,500 for fiscal year ending June 30, 2024 and replace Exhibit “C-4” (Compensation) with Exhibit “C-5” (Compensation).
3. TERMS.
3.1 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) and Exhibit “C-4” (Compensation) of the Agreement, as amended by the Fourth Amendment, are hereby deleted in their entirety and replaced with the following:
"3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-5” attached hereto and incorporated herein by reference. The total DocuSign Envelope ID: 8F7083C2-06D6-4E89-AA00-967012364117 DocuSign Envelope ID: 5C3C9628-A9D5-4175-959D-3D09375788F3 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
compensation, including authorized reimbursements, shall not exceed Three Hundred Thousand Dollars ($300,000) per fiscal year (“Total Compensation”) 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."
3.2 Continuing Effect of Agreement. Except as amended by this Fifth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Fifth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fifth 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 Fifth Amendment Amendment.
3.4 Counterparts. This Fifth 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: 8F7083C2-06D6-4E89-AA00-967012364117 DocuSign Envelope ID: 5C3C9628-A9D5-4175-959D-3D09375788F3 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
FIFTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH KNUDSEN GRADING COMPANY, INC.
DBA/GREEN MOUNTAIN ENGINEERING
(GRADING AND SPOILS REMOVAL SERVICES – AS-NEEDED GRADING AND SPOILS REMOVAL SERVICES – RFP 18-051CA)
IN WITNESS WHEREOF, the Parties have entered into this Fifth Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Tom Moody
Director of Utilities
Reviewed By: _________________________
Katie Hockett
Assistant Director of Utilities
Reviewed By: _________________________
Aftab Hussain
Maintenance Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest : _________________________
Sylvia Edwards, City Clerk
City of Corona, California
DocuSign Envelope ID: 8F7083C2-06D6-4E89-AA00-967012364117 DocuSign Envelope ID: 5C3C9628-A9D5-4175-959D-3D09375788F3 4 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
FIFTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH KNUDSEN GRADING COMPANY, INC.
DBA/GREEN MOUNTAIN ENGINEERING
(GRADING AND SPOILS REMOVAL SERVICES – AS-NEEDED GRADING AND SPOILS REMOVAL SERVICES – RFP 18-051CA)
IN WITNESS WHEREOF, the Parties have entered into this Fifth Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
KNUDSEN GRADING COMPANY, INC. DBA/
GREEN MOUNTAIN ENGINEERING
a California corporation
By: _________________________
John Knudsen
President
By: _________________________
Kathryn Knudsen
Secretary
DocuSign Envelope ID: 8F7083C2-06D6-4E89-AA00-967012364117 DocuSign Envelope ID: 5C3C9628-A9D5-4175-959D-3D09375788F3 5 (BB&K: 9-10)
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EXHIBIT "C-5"
COMPENSATION
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.
DocuSign Envelope ID: 8F7083C2-06D6-4E89-AA00-967012364117 DocuSign Envelope ID: 5C3C9628-A9D5-4175-959D-3D09375788F3 6 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
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.
DocuSign Envelope ID: 8F7083C2-06D6-4E89-AA00-967012364117 DocuSign Envelope ID: 5C3C9628-A9D5-4175-959D-3D09375788F3