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15-0804_CHARLES KING COMPANY, INC._Construction Agreement Second Amendment SECOND AMENDMENT TO CONSTRUCT ION CONTRACT 1-5 AND ORTEGA HfGHWAY lNFTERCHANGE PIPELINE RELOCATION PROJECT THIS SECOND AMENDMEIN-1 7 0 THE CONSTRUC-11-10N, CONTRAC"I ("Second Amendr-nent") between the CITY OF SANS JUAN CAPIST RANO (`City.,) and s King Cory-manv 4)c , (`Contractor'') Is made arra; entered intoz to be effeCtive the day of int oz 15, as follows: RECITALS WHEREAS, the City and Contractor have entered into that certain Construction Contract dated January 4, 2013 for Construction Services (the "Agreement") for the 1-5 and Ortega Hiphway Interchange Pipeline Relocation Project (the "Project"); and WHEREAS, the City and Contractor previously amended the Agreement pursuant to the FIRST AMENDMENT TO CONSTRUCTION CONTRACT 1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT ("First Amendment"); and WHEREAS, all references to the Agreement shall mean the Agreement as amended by the First Amendment; and WHEREAS, the City and Contractor desire to further amend the terms of the Agreement as provided hereunder. AMENDMFNT NOW, THEREFORE, in. consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend the Agreement as follows: 1 Section 1, Scope, is amended to include the construction work related to construction of a.. Water Pipeline Across the 1-5/Ortega Highway Bridge for the Mission Inn at San Juan; per Contractor's proposal dated May 20, 2015, attached hereto and incorporated herein by this reference as Exhibit "A". 2, Section 3.1, Compensation Amount, is amended to add $452,867.00 to the Compensation Amount for F total Compensation Amount of$2,406,589. 3, Section 20, COUritefpWtS and 1--acsirnife SignOtUre,--., is hereby added to read in full as f0lovys: This Agreement may be eXeCUted by the Parties in counterparts, wh�c o 1 1`1 G Fp, rt_s shall he construed, together and have the same effect as if al the Parties had CXeCUted the sarne instrument. Counterpart signatures may be transmitted by facsinniie, email, or other electronic means and have; the same force and effect as if they were original signatures 4. Section W lJme of Cornmen.cemr ent and Completion:, is here-by amendedto read in fell as follows: s4 cc UM.I 6114/021110669788 2 ATTACHMENT 4 All work- related to this contract will be completed by December 20, 2015. 5, Contractor accepts the terms and conditions stated herein as fUli and final settlement of any and 0 claims arising from this Second Amendment. The adjustments to the Compensation Amount and the time for completion of the Project in this Second Amendment constitutes the entire compensation and/or adjustment thereto due to Contractor, including direct, indirect, consequential, and overhead (field and home office) costs, arising out of or related to the change in the work on the Project covered by this Second Amendment. By signing this Second Amendment, Contractor agrees to accept the amount of the adjustment to the Compensation, mount, and the adjustment of the time for completion of the Project, as payment in full and full mutual accord and satisfaction for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the change in the work on the Project covered by this Second Amendment, 6. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. CITY OF SAN JUAN CAPISTRANO ATTEST: By, By: City Clerk APPROVED AS TO FORM: CONTRACTOR By- By: City Attorney _C4haes4K=hqgCnrnpany, Inc. -2- 540028 1 61147.02.1 1 110k 0669788.2 ,. 'S tc rt 5b, Time of Commencement and Completion,pletio is her M- erlded.to read rn t it s f0fla s: AH work releted, I-o s , Comiraclor accepts the terms auid conditions stated het as-ful'i end fOw seftment of any and afi cWms arising tern this Second. Au t. The adjustments, to, the Compensation Amount and the time for �efion of the Project �n this Second Amendment consthutes the entire compensation snag adjustment thereto due to, Contractor, kludlng direct, �n& t, oonsequentlaG, and ov �ead (field and home costs, 8risi,19 GIA of or related to the change in the work, on the Project covered by this S c v� Amendment. By signing thi Second Amendment, Gong- for r �s tc accept the r-Dunt of the adjustment to the o a th ou t, arm the adjustmew, of the Urne for completion oft Project, SS Payment in fuH and fuHl Mutual a=td and test un for 0 in0uding direct, ind'irect, c u nti [, andkt- r ( i dd and home office) ts; W tod to the change in,the wvr�or.the Project covered, yt fK Second Amendment, 11 other, pwvisions of the A reiMit not amended here ndof sWt remain Cri t� tir fog ie and effee, U 'AN ,,DUAN C M 't' .N-o By: P r } PFk[ F j § , o APPROVED AS TO FORM: CONTRACTOR _ _ By _ -2- 540029 2Sd0079 1