HomeMy WebLinkAbout3rd Amendment - CT&T Concrete Paving Inc.1450826.1
THIRD AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Third Amendment to Maintenance Services Agreement (“Third Amendment”) is
made and entered into as of June 17, 2025, 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 Second Amendment
dated as of June 18, 2024, which is incorporated herein by this reference (“Second
Amendment”), which Second Amendment and Original Agreement collectively are referred
to herein as (the “Agreement”);
C. The City and the Contractor desire to amend the Agreement as provided
herein.
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. Reserved
3. Term. The Term of the Original Agreement as amended by the Second
Amendment is from June 18, 2024 to June 30, 2025. This Third Amendment extends the
term from July 1, 2025 to June 30, 2026.
4. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was in the sum of six hundred thousand Dollars ($600,000) per
fiscal year. The second amendment was in the amount not to exceed one million five
hundred fifty-five thousand ($1,555,000) in fiscal year 2024-2025. Section 3 of the
Agreement is hereby amended so that the total not-to-exceed compensation, as amended
by this Third Amendment shall not exceed eight hundred ninety thousand dollars
890,000) for fiscal year July 1, 2025 through June 30, 2026 without the prior authorization
of the City.
5. Integration. This Third Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This Third Amendment amends, as set forth herein, the Original
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Agreement and except as specifically amended hereby, the Original 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 Third Amendment and the terms and provisions of
the Original Agreement, the terms and provisions of this Third Amendment shall control.
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: By:
Printed Name: Jose Carvajal Dan Fox, City Manager
Title: _President___________________
By: ATTEST:
Printed Name: Jackie Carvajal
Title: Treasurer
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.
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6/18/2025
6/18/2025
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Diamond Bar (we, us or Company) may be required by law to provide
to you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Diamond Bar:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: rmclean@diamondbarca.gov
To advise City of Diamond Bar of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at rmclean@diamondbarca.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Diamond Bar
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to rmclean@diamondbarca.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Diamond Bar
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to rmclean@diamondbarca.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-
By selecting the check- you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify City of Diamond Bar as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by City of Diamond Bar during the course of your relationship with City
of Diamond Bar.
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