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F
IRST AMENDMENT FOR
ON-CALL ASPHALTIC CONCRETE AND PORTLAND CEMENT
CONCRETE REPAIRS FOR WATER, ELECTRIC, AND FIBER OPTIC
SERVICES PROJECTS FOR BURBANK WATER AND POWER
Thi
s First Amendment to Agreement for On-Call Asphaltic Concrete and Portland Cement Concrete Repairs for Water, Electric, and Fiber Optic Services Projects for Burbank Water and Power with Paveco Construction, Inc. (“Contractor”) (“First Amendment”), effective on June 3, 2025, is by and among Paveco Construction, Inc (contractor) and the City of Burbank (“City”) (collectively, the “Parties”).
RE
CITALS
A. C
ontractor and City have executed the Agreement for On-Call Asphaltic Concrete and Portland Cement Concrete Repairs for Water, Electric, and Fiber Optic Services Projects for Burbank Water and Power (“Agreement”) effective as of May 11, 2020, for as-needed A
sphaltic Concrete and Portland Cement Concrete Repairs services by Contractor to Cit
y.
B. C
ontractor and City previously amended the Agreement’s base rate to a not -to-exceed amount of $3,000,000.
C. C
ontractor and City desire to use the same Agreement for continued services for one addi
tional year beginning May 11, 2025.
T
ERMS OF AMENDMENT
1. T
erm Extension. The term of this Agreement is extended for one year, beginning May 11, 2025 and ending on May 10, 2026, with services being renewed upon the same terms, conditions, and pricing (as adjusted in accordance with the Agreement).
2. B
ond Rider. In lieu of new bonds, Contractor may provide a Bond Rider using the City form, but such Bond Rider is subject to the review and approval of the City.
3. A
mendment to Contractor IIPP Certification . Paragraph 5.B.11 is added to th e Contractor IIPP Certification, located on P-10 of the Agreement, as follows:
“11.
A workplace violence prevention plan conforming to the requirements of Labor Code 6401.9.”
M
ISCELLANEOUS TERMS
4. R
atification. All other provisions of the Agreement not inconsistent with this First Amendment shall remain in full force and effect.
5. A
uthority to Execute. Each party represents and warrants that all necessary acti on has been taken by such party to authorize the undersigned to execute this agreement and bind it to the performance of its obligations hereunder.
ATTACHMENT 2
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6. Count
erparts. This agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto.
Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this paragraph to execute this agreement with an electronic signature shall be limited to a physical ("wet ink") signature placed on a counterpart to this agreement by a Party, and transmitted electronically as described in this paragraph to the other Party.
The Part
ies have executed this First Amendment as of the date indicated above. "CONTRACTOR"
Paveco Construction, Inc.
______________________________
S
ignature
Name (please print)
Title
Appr
oved as to Form
Office of the City Attorney
By: ________________
______________
Signature
Name (please print)
Title
"CITY"
City of Burbank
_____________________________
S
ignature
Name (please print)
Title
AT
TEST:
Office of the City Clerk
By: ________________
______________
Signature
Name (please print)
Title
ATTACHMENT 2
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