FOURTH AMENDMENT OF THE AGREEMENT
FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF NORWALK AND TUNNELWORKS SERVICES, INC.
This Fourth Amendment to Agreement for Professional Services (“Fourth Amendment”) is entered into as of July 1, 2026, and is to that certain Agreement for Sewer System Maintenance Services by and between the CITY OF NORWALK, a California municipal corporation (“City”) and Tunnelworks Services, Inc., (“Consultant”) dated July 11, 2018 (“Original Agreement”).
R E C I T A L S
A. City and Consultant entered into the Original Agreement for the project identified as the Sewer System Maintenance Services.
B. On July 1, 2023, the City extended the contract term to June 30, 2024, with an annual increase of 1.5% over the previous year's contract value, for a total amended contract amount not to exceed $525,988.04 for Fiscal Year 2023/24.
C. On July 1, 2024, the City extended the contract term to June 30, 2025, with an annual increase of 1.0% over the previous year's contract value, for a total amended contract amount not to exceed $531,247.92 for Fiscal Year 2024/25.
D. On July 1, 2025, the City extended the contract term to June 30, 2026, with an annual increase of 1.5% over the previous year's contract value, for a total amended contract amount not to exceed $539,216.64 for Fiscal Year 2025/26.
E. City and Consultant desire to extend the Term of the Agreement to June 30, 2027, with an annual increase of 1.0% over the previous year's contract value, for a total amended contract amount not to exceed $544,608.81 for the Fiscal Year 2026/27.
Now, therefore the parties agree as follows:
Section 1. Pursuant to Section 3 of the Original Agreement, the Term of the Agreement may be extended for additional one (1) year periods from July 1 st through June 30th of each year. The parties hereby agree that the Term of the Agreement as set forth in Section 3 is hereby extended to June 30, 2027.
Section 2. Section 4 of the Agreement is hereby amended in its entirety as follows:
“Compensation – General. In consideration of the Services rendered hereunder, CITY shall pay CONTRACTOR a not to exceed amount of Four Million Six Hundred Seventy-one thousand four hundred fifty-eight dollars and nineteen cents ($4,671,458.19 ) in accordance with the prices as submitted in CONTRACTOR’s Bid Form, attached hereto as Exhibit “A” and incorporated herein by this reference. City may request additional services under this Agreement. All such work, however, must be authorized in writing by the City Manager prior to commencement. Contractor shall perform such services, and City shall pay for such additional services in accordance with the fee schedule set forth in Exhibit “A” for such additional services, or as otherwise agreed upon by the parties in writing. Any work incurred by Contractor which is not expressly authorized by this Agreement will not be reimbursed by the City. The City shall authorize a 1.5% rate increase for the term beginning July 1, 2023 through June 30, 2024. The City shall authorize an annual 1% rate increase for the term beginning July 1, 2024 through June 30, 2025. The City shall authorize a 1.5% rate increase for the term beginning July 1, 2025 through June 30, 2026. The City shall authorize a 1% rate increase for the term beginning July 1, 2026 through June 30, 2027.” Section 3. Except as expressly modified or supplemented by this Term Extension, all other provisions of the Original Agreement as amended shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 5 and the provisions of the Original Agreement, the provisions of this Amendment No. 5 shall control.
The parties, through their respective authorized representatives, are signing this Term Extension on the date stated in the introductory clause.
CITY OF NORWALK
By:
Jesus M. Gomez
City Manager
Date: ____________________________
ATTEST:
By:
Theresa Devoy, CMC
City Clerk
TUNNELWORKS SERVICES, INC.
By:
Name,
Title
By:
Name,
Title
By:
Arnold M. Alvarez-Glasman,
City Attorney