SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
[[Insert type of service] Services]
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 20__, by and between the CITY OF ORANGE, a municipal corporation (“City”), and TETRA TECH, INC., a Delaware corporation (“Consultant”), with reference to the following:
A. City and Consultant entered into a Professional Services Agreement (Agreement No. 6780) dated June 11, 2019, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Consultant amended the Original Agreement to modify, expand the Scope of Services and increase the compensation by a First Amendment to Professional Services Agreement (Agreement No. 6780.1) dated April 1, 2020, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Consultant desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to expand the Scope of Services 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 Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this Second Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Second Amendment.
Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by TWO HUNDRED THIRTY THOUSAND DOLLARS and 00/100 ($230,000.00) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed EIGHT HUNDRED FIFTY-FOUR THOUSAND SEVEN HUNDRED DOLLARS and 00/100 ($854,700.00) without the prior written authorization of City.”
2 Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement 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 Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page]
3 IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“CONSULTANT” “CITY”
TETRA TECH, INC. a Delaware corporation CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
[Insert name of the attorney.]
(Senior Assistant) City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
17885 Von Karman Avenue, Suite 500, Irvine, CA 92614-6213 Tel 949.809.5000 Fax 949.809.5010 tetratech.com
March 1, 2022
Mr. Tuan Cao, Senior Civil Engineer
City of Orange, Water Division
189 S. Water Street
Orange, CA 92866
Reference: Well No. 28 and Public Mini Park – Agreement No. 6780 Additional Work Request No. 3 for PFAS Treatment System Design Dear Mr. Cao:
Tetra Tech has been providing engineering services on the Well No. 28 and Public Mini Park Project since June 2019 under Agreement No. 6780. Tetra Tech completed the well drilling portion of the scope and submitted 60% design for well equipping. The approved budget based on Amendment No. 1 dated March 4, 2020 is $624,700.000. Per Additional Work Request No. 2 dated August 11, 2020, $36,500 of $76,000 budget from Task 5: Construction Services for Equipping Well 28 was reallocated to provide final architectural and landscape design, prepare a lot line adjustment, and also includes Planning Department contingency to address comments during final design (to be authorized by the City on request).
The City recently completed drilling, casing installation and water quality sampling for Well No. 28.
Results of water quality sampling found concentration PFOS and PFOA which exceeded current Notification Levels (6.5 PPT for PFOS; 5.1 PPT for PFOA) but were below current Reaction Levels (40 PPT for PFOS; 10 PPT for PFOA) established by the Division of Drinking Water. As a result, the City requested a proposal from Tetra Tech to include PFAS removal treatment system, ion exchange (IX), into the final design for well equipping of Well No. 28.
The following correspondence summarizes the additional scope and budget requested to include PFAS treatment system into the Well No. 28 project.
Original Proposal
As of the date of this correspondence Tetra Tech has completed the well drilling portion of the scope, completed a non-priority water quality management plan (WQMP) and submitted 60% design for well equipping. The 60% design included landscape and architectural design elements consistent with the requirements set forth City Planning. The addition of a treatment system will require the public mini-park to be reduced in size as well as the expansion of the architectural screen wall. A Non-Priority WQMP was originally prepared and the site changes will result in a revision of the WQMP. The treatment system will also require changes to the well piping, electrical and controls. The proposed IX vessels are to be installed within a sump requiring structural calculations and design. 2 TETRA TECH
The following is a summary of the work completed to date, as of the date of this correspondence:
Task Description
Approved
Budget
Billed Amount
as Date of
Correspondence % Complete
Remaining
Budget
Task 1: Research and Site Survey
Mgmt/Meetings/Reports $19,805 $14,415 73% $5,390
Preliminary Work $88,239 $91,234 103% -$2,995
Design Memorandum $23,356 $23,356 100% $0
Task 2: Permits and Reports
DDW/Report $37,058 $34,624 93% $2,434
IS/MND Assistance $2,900 $2,900 100% $0
City Dept Approvals $14,912 $7,400 50% $7,512
WQMP $15,130 $15,130 100% $0
Task 3: Drilling $123,000 $99,069 81% $23,931
Task 4: Equipping
PS&E $229,000 $140,958 62% $88,042
Arch/Landscape $26,800 $25,441 95% $1,359
Task 5: Construction Services $44,500 $0 0% $44,500
Total $ 624,700 $454,527 73% $170,173
Well No. 29 PFAS Proposal
Tetra Tech’s proposal for Well No. 29, dated January 2020, included PFAS treatment system design. In order to get a general range of budget to perform the PFAS treatment design, the following is a comparison of Tetra Tech’s proposal for Well No. 28 and Well No. 29 with PFAS Treatment System assuming the main difference is the PFAS treatment system design for Well No. 29:
Original Well 28 Original Well 29 Delta
· Design Memorandum : $23,400 $35,500 $12,200 · Equipping PS&E: $229,000 $272,000 $43,000
· Construction Services $76,000 $94,000 $18,000 As Tetra Tech has been completing the PFAS Treatment System designs for Serrano Water District, Yorba Linda Water District and City of Fullerton, we have realized some additional design effort is required to minimize the construction difficulties for constructing the PFAS Treatment facilities. This additional design effort will need to be added to the above delta in proposals. 3 TETRA TECH
Additional Scope of Work
The following is a summary of the additional scope of work that we anticipate due to the inclusion of the PFAS treatment system after we have already completed the 60% design submittal.
Task No. 1: Research and Site Survey
Meetings: Our original Well No. 28 proposal assumed seven (7) meetings. We have attended five (5) meetings to date: the project kick-off meeting; the preliminary site plan meeting with the Water Division; and three (3) Design Review Committee meetings with Planning Division. We anticipate the changes to the project will require attendance at six (6) additional meetings: preliminary site plan meeting (including PFAS facilities) with the Water Division; two (2) Design Review Committee meetings with Planning Division; and three (3) Design Review Meetings for the 60%, 90% and 100% Well Equipping Design Submittals with the Water Division. In summary, we anticipate the need to attend a total of eleven (11) meetings and are requesting an increase in our budget for the four (4) additional meetings.
Project Management: We anticipate an additional four (4) months of project management, including bi- weekly reports, due to the inclusion of the PFAS treatment system after Tetra Tech had already submitted the 60% design for the well equipping.
Park and Landscape Preliminary Design: The project team met with City Planning to coordinate the preliminary design of the mini-park and architectural design of the screen wall. We anticipate the site changes will require further coordination and revised conceptual layouts for the proposed landscape/mini- park and architectural design of the screen wall. We anticipate the changes to the project will require the following:
· Preparation of two (2) conceptual landscape plans based on revised City requirements, which are yet to be determined for the site. Per the original scope, conceptual plans may include site furnishing, pedestrian level lighting materials selection, seating, planters, planter pots, street trees, landscaping, and walkway pavement finishes.
· Preparation of two (2) conceptual architectural design concepts for the screen wall based on revised City requirements, which are yet to be determined for the site. Per the original scope, conceptual design concepts may include finish rendering and color palate. · After selection by the City, preparation of one conceptual landscape plan into one (1) finalized preliminary plan including landscape elements including materials selection, colors, and finishes, architectural treatment to screen wall and landscape palette with water use classification of landscape species.
Tetra Tech has retained the services of original project team of David Volz Design for landscape design and Secoy Architects, Inc. for architectural design.
4 TETRA TECH
Update Project Design Memorandum: Tetra Tech will revise the following sections of the project design memorandum:
· Hydraulic Analysis (revised for treatment head loss and pump and motor design) · Conceptual Site and Piping Layout (two concepts maximizing park size) · List of Major Components
· Conceptual Park and Landscape Design
· Color Palette
· Construction Schedule and Cost Estimate
PFAS Design Memorandum: Tetra Tech will prepare the PFAS design memorandum for the pre- treatment Filters (Fil-Trek) and IX Vessel Mechanical Layout (Aqueous Vet within sump). We are assuming a similar budget that was included within our Well No. 29 proposal for this item.
Task 2: Permits and Reports
IS/MND Assistance: Tetra Tech anticipates the changes to the project will require revisions to the IS/MND document. We are requesting an additional eight (8) hours of assistance to provide revised information requested by the City Planning Department.
WQMP: Tetra Tech completed a Non-Priority WQMP for the proposed well site and mini-park. We anticipate the changes to the site will result in greater than 5,000 square feet of impervious area and will require the WQMP to be revised.
Task 3: Hydro-Geological Services and Well Drilling Operation No additional scope.
Task 4: Equipping of Well No. 28 and Final Site Plans
Construction Drawings: Tetra Tech has prepared 60% design level drawings. Tetra Tech will be required to revise the drawings for the addition of the PFAS treatment system. This work will entail revising the drawings to include the new site, piping, mechanical and electrical improvements and get the revised plans back to a 60% design level. In general, we envision the following construction drawings will need to be revised due to the inclusion of the PFAS treatment system:
· Site Plan;
· Yard Piping Plan;
· Additional Profiles will be need to be added;
· Grading Plan;
· Screen Wall Elevations and Details
· Miscellaneous Structure Details
· Electrical Site Plan
· Power, Control, Lighting and Grounding Plans
· Single Line Diagram and Conduit Schedule
· P&IDs
5 TETRA TECH
· Park, Irrigation and Landscape Plans
Tetra Tech has assumed the level of effort to prepare construction drawings and specifications for an IX treatment system to be similar to Well No. 29 PFAS Treatment System including the lessons learned on our recently completed PFAS projects. In addition, we have included the additional level of effort required to design a sump for the IX vessels such that the total height of the vessels does not exceed 16 feet.
We envision the following construction drawings will need to be added to the plans:
· Additional Yard Piping Profile
· Mechanical Vessel Plan
· Mechanical Vessel Section
· Mechanical Pretreatment Filters Plan and Sections
· Vessel Sump Foundation Plans and Sections
· Pretreatment Filters Foundation Plan and Sections
· Pipe Rack and Support Details
· Additional P&ID
In addition, Tetra Tech will need to prepare the specifications for the PFAS treatment system.
Task 5: Construction Services for Equipping Well No. 28 Per Additional Work Request No. 2 dated August 11, 2020, $36,500 of $76,000 budget from Task 5 – Construction Services for Equipping Well 28 was reallocated to provide final architectural and landscape design, prepare a lot line adjustment, and Planning Department contingency to address comments during final design (to be authorized by the City on request). The relocated budget will need to be added back into this task.
The inclusion of the PFAS treatment system will increase the level of effort required for the construction support services. We have assumed a similar budget and quantities that were included within our Well No. 29 PFAS proposal. The following is a summary of the level of effort that will be provided:
· Project Management: 18 months
· Construction Meetings: 6 meetings
· Addenda: 3
· Shop Drawing Submittals: 90
· RFI Responses: 30
· Plan Revisions: 40 hours
· Record Drawings
6 TETRA TECH
BUDGET REQUEST SUMMARY
Tetra Tech is requesting the following additional budget authorization to include PFAS treatment system into the Well No. 28 Equipping Plans. The following is a breakdown of the requested budget authorization for each task:
Task
No. Task Description Total Budget
1 Research and Site Survey $ 50,300
Four Additional Meetings $ 4,500
Additional 4 Months of Project Management & Reports $ 2,300 Park and Landscape Preliminary Design $ 17,480
Update Project Design Memorandum $ 13,420
PFAS Design Memorandum $ 12,600
2 Permits and Reports $ 10,600
IS/MND Assistance $ 1,600
WQMP $ 9,000
3 Hydro-Geological Services and Well Drilling Operation $ 0 4 Equipping of Well No. 28 and Final Site Plans $ 113,100 Revised 60% plans to include PFAS Treatment $ 38,000
Landscape/Architect Design $ 13,100
PFAS Treatment Plans and Specifications $ 52,000
Sump Design for the IX Vessels $ 10,000
5 Construction Service for Equipping Well No. 28 $ 56,000 Add Relocated Budget $ 36,500
PFAS Additional Construction Support $ 19,500
Total Budget Amount $ 230,000
Per Additional Work Request No. 1, the approved cost budget is $624,700. Tetra Tech is requesting $230,000 additional budget authorization to compensate us for this additional work. We have attached our hourly manpower spreadsheet per task and revised rate sheet for 2022-2023. By authorizing Tasks 1 through 5 Tetra Tech’s authorized budget amount of $624,700 will be increased to $854,700.
If you have any questions or require additional information, please do not hesitate to call.
Sincerely,
Tom Epperson, P.E.
Project Manager
LE:tle
Attachment
O:\Projects\Irvine\09394\200-09394-19001\ProjMgmt\Contracts\Client\04-Amendment 3 - PFAS Treatment System\Additional Scope Request No. 3 tle.docx Price Summary / Totals
Task Pricing Totals 230,000
Bill Rate > 335.00 225.00 168.00 130.00 115.00 100.00 120.00 305.00 153.00 115.00 225.00 130.00 128.00 Specify Add'l Fees on Setup 0 Technology Use Fee
Proj Area > Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Civil/Mechani
cal
Electrical/Con
trols
Electrical/Con
trols
Electrical/Con
trols Structural Structural Structural 230,000
Submitted to: City of Orange (Attn: Tuan Cao)
Contract Type: T&M
Project Phases / Tasks From Thru Months 1,312 32 99 201 228 174 142 8 35 87 56 42 126 82 0.00% 198,325 30,581 - - 1,094 230,000 2 4 5 8 9 11 13 17 18 19 20 22 23
Task 1 Research and Site Survey 198 10 28 48 44 24 12 4 2 4 - 6 12 4 32,518 17,480 - - 302 50,300 Project Administration and Management 32 4 12 16 - - - - - - - - - - 6,728 - - - 72 6,800 Meetings (4) 20 4 8 8 4,484 16 4,500
Project Management (4 months) 4 4 900 900
Bi-Weekly Status Reports 8 8 1,344 56 1,400
Revise Design Memorandum 166 6 16 32 44 24 12 4 2 4 - 6 12 4 25,790 - - - 230 26,020 Well Hydraulics Calculations for PFAS Treatment 26 2 4 8 12 3,542 3,542 Revise Design Memorandum 58 4 6 12 12 8 4 2 4 2 4 9,738 140 9,878 PFAS Design Memorandum 82 2 8 16 24 12 4 4 8 4 12,510 90 12,600 Revise Preliminary Site Plan, Elevations, Color Material Board (redesign) - - - - - - - - - - - - - - - 17,480 - - - 17,480 Landscape - 10,810 10,810
Architect - 6,670 6,670
Task 2 Permits and Reports 78 - 9 9 30 - 30 - - - - - - - 10,437 - - - 163 10,600 IS/MND Assistance (redesign) 8 4 4 1,572 28 1,600
WQMP (redesign) 70 5 5 30 30 8,865 135 9,000
Task 3 Hydro-geologic Services and Well Drilling Operation - - - - - - - - - - - - - - - - - - - - None - -
Task 4 Equipping of Well 28 and Final Site Plans 700 16 28 68 120 122 72 4 11 35 56 24 66 78 99,508 13,101 - - 491 113,100 Well Equipping Plans and Specifications (redesign) 264 6 15 38 54 52 36 2 6 9 24 4 8 10 37,796 13,101 - - 204 51,100 Coordination with OCWD and Purchase Vessels 14 2 4 8 2,914 2,914 Base Map Redesign 24 2 6 8 8 2,836 2,836
Site Plan 15 1 2 4 8 2,001 2,001
Grading and Drainage Plan 15 1 2 4 8 2,001 2,001
Yard Piping Plan 14 2 4 8 1,776 1,776
Yard Piping Profile 15 1 2 4 8 2,001 2,001
Screen Wall Elevations and Details (3 sheets) 40 2 6 12 4 2 6 8 5,672 6,776 12,448 Modifications to sheets due to new base map 38 2 4 8 8 16 4,682 4,682 Electrical Site Plan 6 1 1 4 918 918
Electrical Site and Power Plan 7 1 2 4 1,071 1,071
Lighting and Grounding Plan 18 2 4 12 2,602 2,602
Park, Irrigation and Landscape Plans (4 sheets) 18 2 4 8 4 2,562 6,325 8,887 Specification (60%) 10 2 4 2 2 1,812 1,812
QA/QC 6 4 2 1,950 1,950
Submittals (60%) 24 2 4 4 4 2 4 2 2 2,998 204 3,202
Well PFAS Treatment Plans and Specifications (new work) 436 10 13 30 66 70 36 2 5 26 32 20 58 68 61,712 - - - 288 62,000 Vessel and Pretreatment Structural Calculations 32 8 24 4,920 4,920 Vessel and Pretreatment Treatment Calculations 20 4 16 2,752 2,752 Site Plan 15 1 2 4 8 2,001 23 2,024
Mechanical Vessel Plan 43 1 2 12 20 8 5,221 5,221
Mechanical Vessel Section 34 2 8 16 8 4,016 4,016
Mechanical Pretreatment Filter Plan and Section 47 1 2 16 20 8 5,741 5,741 Vessels Sump Foundation Plans and Sections 26 2 8 16 3,538 3,538 Pretreatment Filters Foundation Plan and Sections 22 2 4 16 3,018 3,018 Pipe Rack Support and Details 26 2 8 16 3,538 3,538
Miscellaneous Structural Details 14 2 4 8 1,994 1,994
Power, Lighting and Grounding Plan 13 1 8 4 1,989 1,989 Single Line Diagram and Conduit Schedule 9 1 4 4 1,377 1,377 P&ID 13 1 4 8 1,837 1,837
Technical Specifications 20 4 8 2 2 4 3,454 3,454
QA/QC 12 8 2 2 3,740 3,740
Cost Estimate 24 2 4 4 4 4 4 2 4,094 4,094
Submittals (60%, 90%, 100%) 66 2 6 6 6 12 6 12 4 12 8,482 265 8,747 Task 5 Construction Services for Equipping Well 28 336 6 34 76 34 28 28 - 22 48 - 12 48 - 55,862 - - - 138 56,000 Well 28 Equipping (establish original scope) 222 4 16 40 30 28 8 - 16 36 - 8 36 - 36,448 - - - 52 36,500 Add Back Scope that was Re-Allocated 222 4 16 40 30 28 8 16 36 8 36 36,448 52 36,500 Well 28 PFAS Treatment (new work) 114 2 18 36 4 - 20 - 6 12 - 4 12 - 19,414 - - - 86 19,500 Project Management (8 months) 8 8 1,344 1,344
Construction Meetings (1) 2 2 450 30 480
Addenda (1) 10 2 4 4 2,090 2,090
Submittal Reveiws (30) 50 8 20 4 8 2 8 9,094 56 9,150
Respond to Requests for Information (15) 24 4 8 2 4 2 4 4,436 4,436 Plan Revisions (20 hours) 20 20 2,000 2,000
Totals 1,312 32 99 201 228 174 142 8 35 87 56 42 126 82 0.00% 198,325 30,581 - - 1,094 230,000 Task Pricing
TotalsSchedule
Work Days
Off
Work Days Total
Labor Hrs Subs Travel Mat'ls & Equip ODCs
Labor
Rate Esc. Labor
Engineer 3
Sr Cadd Designer 1
Senior Project
Manager
Project Engineer 1
Engineer 2
Project Manager 1
Engineer 2
Engineer 1
Sr. Project
Administrator
Project Manager 1
Project Engineer 2
Engineer 3
Additional Work Request No. 3 - PFAS Treatment System Total Price Pricing by Resource
Principal in Charge
Well No. 28 and Mini-Park
Price Proposal
Tetra Tech - Confidential and Proprietary Page 1 of 1 Printed 3/1/2022 22/23 22/23
Project Management Construction
Project Manager 1 $225.00 Construction Project Rep 1 $80.00 Project Manager 2 $260.00 Construction Project Rep 2 $87.00 Sr Project Manager $305.00 Sr Constr Project Rep 1 $103.00 Program Manager $335.00 Sr Constr Project Rep 2 $118.00 Principal in Charge $335.00 Construction Manager 1 $168.00 Construction Manager 2 $190.00
Construction Director $238.00
Engineers General & Administrative
Engineering Technician $66.00 Project Assistant 1 $68.00 Engineer 1 $100.00 Project Assistant 2 $77.00
Engineer 2 $115.00 Project Administrator $97.00
Engineer 3 $130.00 Sr Project Administrator $120.00
Project Engineer 1 $153.00 Sr Graphic Artist $154.00
Project Engineer 2 $168.00 Technical Writer 1 $100.00
Sr Engineer 1 $170.00 Technical Writer 2 $126.00
Sr Engineer 2 $175.00 Sr Technical Writer $158.00
Sr Engineer 3 $210.00
Principal Engineer $305.00
Planners Information Technology
Planner 1 $106.00 Systems Analyst / Programmer 1 $78.00 Planner 2 $118.00 Systems Analyst / Programmer 2 $118.00 Sr Planner 1 $128.00 Sr Sys Analyst / Programmer 1 $132.00 Sr Planner 2 $154.00 Sr Systems Analyst / Programmer 2 $200.00 Sr Planner 3 $178.00
Project Accounting
Designers & Technicians Project Analyst 1 $92.00
CAD Technician 1 $66.00 Project Analyst 2 $118.00
CAD Technician 2 $77.00 Sr Project Analyst $158.00
CAD Technician 3 $92.00
CAD Designer $102.00 Reimbursable In-House Costs:
Sr CAD Designer 1 $128.00 Photo Copies (B&W 8.5”x11”)
Sr CAD Designer 2 $148.00 Photo Copies (B&W 11”x17”)
CAD Director $153.00 Color Copies (up to 8.5"x11")
Survey Tech 1 $51.00 Color Copies (to 11"x17")
Compact Discs
Large format copies
Health & Safety
H&S Administrator $97.00
Sr H&S Administrator $118.00 Mileage-Company Vehicle
H&S Manager $148.00 Mileage-POV
*current GSA POV mileage rate subject to change
All other direct costs, such as production, special photography, postage, delivery services, overnight mail, printing and any other services performed by subconsultant will be billed at cost plus 15%. 2022/2023
HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE
NOTE: Rates subject to change annually.