HomeMy WebLinkAboutAGR-7380.2 TUNNELWORKS SERVICES, INC. - SEWER LINE CLEANING, INSPECTION, & EMERGENCY RESPONSE BID NO. 21-23.33; S-246SECOND AMENDMENT
TO
CONTRACT
[Sewer Line Cleaning, Video Inspection, and Emergency Response
Services Project (Bid No. 21-22-33; (S-246)]
THIS SECOND AMENDMENT TO CONTRACT (the “Second Amendment”) is made and
entered into as of _________________, 2025, by and between the CITY OF ORANGE, a municipal
corporation (“City”), and TUNNELWORKS SERVICES INC., a California corporation
(“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7380) dated as of June 14,
2022, which is incorporated herein by this reference (the “Original Contract”); and
B. City and Contractor amended the Original Contract to revise the Scope of Services and
increase the compensation by a First Amendment to Contract (Agreement No. 7380.1) dated June 29,
2023, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor desire to further amend the Original Contract to modify, amend
and supplement certain portions of the Original Contract to extend the Term and increase the
compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 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 Contract.
Section 2. Cross-References. City and Contractor agree that all references in this Second
Amendment are deemed and construed to refer to the Original Contract, as implemented by this
Second Amendment.
Section 3. Term. Pursuant to Article 2 of the Original Contract, the City hereby extends
the Term of this Contract to reflect the First Extension Term, commencing on July 1, 2025, and
terminating on June 30, 2026.
Section 4. Compensation. Article 3 of the Original Contract is hereby amended to
increase the total not-to-exceed compensation for the services to be rendered by THREE HUNDRED
TWENTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY DOLLARS and 00/100
($328,730.00) and Sections 3.a, 3.b, and 3.c are hereby amended in their entirety to read as follows:
a. Contractor agrees to receive and accept an amount not to exceed
THREE HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED
THIRTY DOLLARS ($328,730.00) as compensation for furnishing all
materials and doing all the Work contemplated and embraced in this Contract.
Said compensation covers (1) all loss or damage arising out of the nature of the
Work, from the acts of the elements; (2) any unforeseen difficulties or
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AGR-7380.2
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obstructions which may arise or be encountered in the prosecution of the Work
until its acceptance by City, other than as provided below; (3) all risks of every
description connected with the Work; (4) all expenses incurred by or in
consequence of the suspension or discontinuance of the Work; and (5) well and
faithfully completing the Work, and for the whole thereof, in the manner and
according to the Plans and Specifications, and requirements of the Authorized
City Representative under them. Retention amounts shall be withheld from
progress payments as required by law unless Contractor provides securities in
lieu of retention.”
b. In addition to the scheduled Work to be performed by the Contractor,
the parties recognize that additional, unforeseen work and services may be
required by the Authorized City Representative. In anticipation of such
contingencies, the sum of FORTY-NINE THOUSAND THREE HUNDRED
NINE DOLLARS and 00/100 ($49,309.00) has been added to the total
compensation of this Contract. The Authorized City Representative may
approve the additional work and the actual costs incurred by the Contractor in
performance of additional work or services in accordance with such amount as
the Authorized City Representative and the Contractor may agree upon in
advance. Said additional work or services and the amount of compensation
therefor, up to the amount of the authorized contingency, shall be memorialized
in the form of a Contract Amendment approved by the City Manager on a form
acceptable to the City Attorney. The Contractor agrees to perform only that
work or those services that are specifically requested by the Authorized City
Representative. Any and all additional work and services performed under this
Contract shall be completed in such sequence as to assure their completion as
expeditiously as is consistent with professional skill and care in accordance with
a cost estimate or proposal submitted to and approved by the Authorized City
Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including
contingencies, shall not exceed THREE HUNDRED SEVENTY-EIGHT
THOUSAND THIRTY-NINE DOLLARS and 00/100 ($378,039.00).
Section 5. Integration. This Second Amendment amends, as set forth herein, the Original
Contract and, except as specifically amended hereby, the Original Contract 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 Contract, the terms and
provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
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IN WITNESS of this Contract, the parties enter into this Contract on the year and day first
above written.
.CONTRACTOR"*CITY''
TUNNELWORKS SERVICES, INC.,
a Califomia corporation
CITY OF ORANGE, a municipal corporation
*By:By:
Printed
Title:
Daniel R. Slater, Mayor
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Anomey
nBy,
Printed Name:
Title:
*I;OTE
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If CONTRACTOR is a corporatiott, the City requires the folloning signature(s):
(1) the Chairmtn of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial OJficer, lhe Treasurer, an Assistant Secrelary or on
Assistarrt Treasurer. If only one corporate officer edsts or one corporate ofJicer
hqlds more than one corporute office, pleose so indicate. @
The corporate olficer named in a corporate resolution as aathorized to enter into this
Agrcemenl A copy of the corporate resolution, certilied by lhe Secrelary close in
time lo lhe execution of the Agreenterrt, mus, be pruvided to the Citx^'.
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