HomeMy WebLinkAbout2nd Amendment - CT&T Concrete Paving Inc.SECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Second Amendment to Maintenance Services Agreement (“Second
Amendment”) is made and entered into as of June 18, 2024, by and between the City of
Diamond Bar, a municipal corporation (“City”), and CT&T Concrete Paving Inc. (herein
referred to as the “Contractor”) with reference to the following:
A. The City and the Contractor entered into that certain Maintenance Services
Agreement dated as of June 21, 2022, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Contractor entered into that certain First Amendment dated
as of June 20, 2023, which is incorporated herein by this reference and are along with the
Original Agreement, collectively referred to herein as the "Agreement"; and
C. The City and the Contractor desire to amend the Agreement to modify, amend
and supplement certain portions thereof.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
2. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from June 21, 2022 to June 30, 2023. The First Amendment extended the term through June
30, 2024. This Second Amendment extends the Term up to and including June 30, 2025.
3. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum six hundred thousand dollars ($600,000). The
First Amendment increased the total compensation by $810,000. Section 3 of the Original
Agreement is hereby amended to provide for an increase of nine hundred fifty-five thousand
dollars ($955,000) per fiscal year so that the total not-to-exceed compensation, as amended
by this Second Amendment shall not exceed nine hundred fifty-five thousand dollars
($955,000) in fiscal year 2024-2025 without the prior authorization of the City.
4. Integration. This Second Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all prior
negotiations between the parties with respect hereto. This Second Amendment amends, as
set forth herein, the Agreement and except as specifically amended hereby, the Agreement
shall remain in full force and effect. To the extent that there is any conflict or inconsistency
between the terms and provisions of this Second Amendment and the terms and provisions
of the Original Agreement, the terms and provisions of this Second Amendment shall control.
DocuSign Envelope ID: 5978E4B2-2A81-4C6C-93D0-FACF86443AFE
IN WITNESS hereof, the parties enter into this Third Amendment on the year and day
first above written.
“CONTRACTOR” “CITY”
CT&T Concrete Paving, Inc. CITY OF DIAMOND BAR
By:
Dan Fox, City Manager
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only
one corporate officer exists or one corporate officer holds more than one corporate office,
please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the
execution of the Agreement, must be provided to the City.
By:
Printed Name: Jose Carvajal
Title: President_____
By:
Printed Name: Jackie Carvajal
Title: Treasurer
5/22/2024
5/21/2024
DocuSign Envelope ID: 5978E4B2-2A81-4C6C-93D0-FACF86443AFE
6/11/2024
6/19/2024
6/20/2024