ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH A & Y ASPHALT CONTRACTOR, INC.
(ASPHALT REPAIR SERVICS – NIB 21-076RH ON-CALL CITYWIDE ASPHALT
REPAIRS)
1. PARTIES AND DATE.
This Second Amendment to the Maintenance/General Services Agreement (“Second Amendment”) is made and entered into this ____ day of _____________, 2024 by and between the City of Corona (“City”) and A & Y Asphalt Contractors, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated June 29, 2023 (“Agreement”), whereby Contractor agreed to provide asphalt repair services.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about January 25, 2024 (“Second Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the Second time to (1) amend the Compensation section.
3. TERMS.
3.1 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) of the Agreement is hereby deleted in its entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. Consultant shall
receive compensation, including authorized reimbursements for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference.
The total compensation, including authorized reimbursements, shall not exceed One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (“Total Compensation”) per fiscal year 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.” DocuSign Envelope ID: E427546A-CC25-442F-84B8-A38337C80C1F DocuSign Envelope ID: 551A7CAC-DB31-4E32-8EDF-2EABA5C1885C DocuSign Envelope ID: E9D4BDDB-EB45-4A95-B757-A2464CAF175D 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
3.2 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second 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 Second Amendment.
3.4 Counterparts. This Second 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: E427546A-CC25-442F-84B8-A38337C80C1F DocuSign Envelope ID: 551A7CAC-DB31-4E32-8EDF-2EABA5C1885C DocuSign Envelope ID: E9D4BDDB-EB45-4A95-B757-A2464CAF175D 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH A & Y ASPHALT CONTRACTOR, INC.
(ASPHALT REPAIR SERVICS – NIB 21-076RH ON-CALL CITYWIDE ASPHALT
REPAIRS)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Justin Tucker
Assistant City Manager
Reviewed By: _________________________
Savat Khamphou
Public Works Director
Reviewed By: _________________________
Kenny Nguyen
Assistant City Engineer
Reviewed By: _________________________
Eugene Silvas
Construction Superintendent
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
DocuSign Envelope ID: E427546A-CC25-442F-84B8-A38337C80C1F DocuSign Envelope ID: 551A7CAC-DB31-4E32-8EDF-2EABA5C1885C DocuSign Envelope ID: E9D4BDDB-EB45-4A95-B757-A2464CAF175D Sylvia Edwards
City Clerk
Attest: __________________________
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH A & Y ASPHALT CONTRACTOR, INC.
(ASPHALT REPAIR SERVICS – NIB 21-076RH ON-CALL CITYWIDE ASPHALT
REPAIRS)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
A & Y ASPHALT CONTRACTORS, INC.
a California corporation
By: _________________________
Elaine Giese
CEO/CFO
DocuSign Envelope ID: E427546A-CC25-442F-84B8-A38337C80C1F DocuSign Envelope ID: 551A7CAC-DB31-4E32-8EDF-2EABA5C1885C DocuSign Envelope ID: E9D4BDDB-EB45-4A95-B757-A2464CAF175D