THIRD AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
THIS THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT (the “Third Amendment”) is made and entered into as of __________________, 2024, 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 Consultant 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 revise the Scope of Services and increase the compensation by a First Amendment to Consultant 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 amended the Original Agreement to revise the Scope of Services and increase the compensation by a Second Amendment to Consultant Services Agreement (Agreement No. 6780.2) dated April 12, 2022, which is incorporated herein by this reference (the “Second Amendment”); and
D. City and Consultant desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise 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 Consultant agree that all references in this Third Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Third 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 EIGHTY-THREE THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($ 83,500.00) and Section 2.a is hereby amended in its entirety to read as follows:
2 “Consultant's total compensation for all services performed under this Agreement, shall not exceed NINE HUNDRED THIRTY -EIGHT THOUSAND TWO HUNDRED DOLLARS and 00/100 ($938,200.00) without the prior written authorization of City.”
Section 5. Integration. This Third 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 Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties.
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3 IN WITNESS of this Third Amendment, the parties enter into this Third 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: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: If CONSULTANT 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 92614-5227 Tel 949.809.5000 tetratech.com
December 15, 2023
Tuan Cao, PE
Senior Civil Engineer
City of Orange
189 S. Water Street
Orange, CA 92866
Reference: Well No. 28 and Public Mini Park – Agreement No. 6780 Additional Work Request No. 4 for Additional Construction Support for Well No. 28 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 is currently providing construction phase services and the approved budget based on Amendment No. 2 dated April 12, 2023 is $854,700.00.
The City has a proposal from Tetra Tech to provide for Additional Construction Support for the Well No. 28 Well Equipping and PFAS Treatment System Project. We have prepared our proposal based on our engineering support during construction, construction management and inspection services provided for Orange County Water District (OCWD) on previous PFAS treatment projects. The following correspondence summarizes the additional scope and budget requested to provide additional engineering construction support services for the well equipping portion of the project.
Existing Scope of Services
Our current contract includes engineering services during construction for well equipping and PFAS treatment system and based on the following level of effort:
· Project Management 18 months
· Attendance at Construction Meetings 6 meetings
· Shop Drawing Review 90 submittals
· RFI Responses 30 responses
· Plan Revisions 40 hours
· Record Drawings
As of October 27, 2023 Tetra Tech has invoiced $829,750 (approximately 97%) of the total authorized budget of $854,700.00. The construction is anticipated to be completed in March 2025. Tetra Tech has exceeded estimated level effort for meetings, shop drawing reviews and RFI responses included in our revised level of effort estimated in Additional Work Request No. 3. However, with the amount of submittal reviews, RFI responses, meetings and correspondence we will not have sufficient budget to provide services through the end of construction without additional budget authorization.
Additional Scope of Services
The City desires Tetra Tech to provide additional construction support for the well equipping portion of the project. Materials testing shall be the Contractor’s responsibility per the Special Provisions Section 4 and Mr. Tuan Cao, PE
December 15, 2023
2 TETRA TECH
specialty inspections will be performed by Ninyo & Moore who is contracted by the City. The following summarizes our recommended scope of services and responsible party. · California Division of Drinking Water (DDW) Permit Assistance – Tetra Tech · Construction Management Services (review of progress payments, schedules, quality control, and change order evaluation) – City
· Preparation of Design Clarifications and Change Order Evaluation Assistance – Tetra Tech · Technical Support for Well Equipping Construction – Tetra Tech · On-site Improvements and Well Equipping Observation/Inspection – City · Soil, Compaction Testing, and Concrete Cylinder Testing – Contractor · Rebar, Concrete, Anchor Bolts Deputy Inspection – Ninyo & Moore (contracted by City) · Technical Support for Well Equipping Start-up – Tetra Tech · Technical Support Landscaping and Architectural – David Volz Design and Secoy Architects (contracted by Tetra Tech)
· Geotechnical Observation – Leighton Consulting, Inc. (contracted by Tetra Tech) · Additional Construction Support by Tetra Tech for submittal reviews, RFI responses, and project correspondence
SCOPE OF WORK
Tetra Tech proposes to provide the following Scope of Work to provide Additional Construction Support for Well No. 28 Well Equipping portion of the project.
Task 1 – DDW Permitting
1.1 DDW Permit Assistance – Tetra Tech will coordinate with DDW and prepare permit application for the well equipping portion of the project. Tetra Tech will then coordinate and process the permit thru DDW until it is completed. We have assumed water quality sampling and reporting will be performed by others.
We have assumed two (2) rounds of reviews and comments from DDW.
Task 2 – Additional Construction Support
Tetra Tech will provide an experienced team to perform the following construction services:
2.1 Review project change orders pertaining to well equipping. We have assumed up to 2 change orders may need to be reviewed including preparation of support documents at the request of the City.
2.2 Provide Technical Support for proposed landscaping and architectural features. Technical support to be provided by David Volz Design and Secoy Architects. Including assistance in park sign design.
2.3 Well Equipping start-up assistance. We have assumed 20 hours of engineering technical support for start-up assistance.
2.4 Provide Geotechnical Observation during construction. Geotechnical Observation to be provided by Leighton Consulting, Inc. and assumed 180 hours (prevailing wage) of observation for the following construction activities:
a. Site Grading
b. Foundation Excavations
Mr. Tuan Cao, PE
December 15, 2023
3 TETRA TECH
c. Retaining Wall Backfill and Subdrain
d. Utility Trench Backfill
e. Subgrades
f. AB and AC Placement
2.5 Provide additional construction support to review product submittal, respond to RFIs, and construction correspondence.
Materials testing shall be performed by the Contractor and specialty inspections will be performed by Ninyo & Moore who is contracted by the City.
BUDGET REQUEST SUMMARY
Tetra Tech is requesting the following additional budget authorization to provide additional construction support for Well No. 28 well equipping portion of the project. The following is a breakdown of the requested budget authorization for each task.
Task
No. Task Description Total Budget
1 DDW Permitting $ 5,000
DDW Permit Assistance $ 5,000
2 Additional Construction Support $ 78,500
Review Change Orders (2) $ 3,100
Technical Support – Landscape and Architecture $ 20,900 Well Equipping Start-up Assistance $ 6,000
Geotechnical Observation $ 38,500
Additional Construction Support $ 10,000
Total Budget Amount $ 83,500
Tetra Tech is requesting $83,500 additional budget authorization to compensate us for this additional work. We have attached our hourly manpower spreadsheet per task and revised rate sheet for 2023 - 2024. By authorizing Tasks 1 through 2 Tetra Tech’s authorized budget amount of $854,700.00 will be increased to $938,200.00.
If you have any questions or require additional information, please do not hesitate to call.
Sincerely,
Laurence Esguerra, PE
Project Manager
LE:LE
Attachment
O:\Projects\Irvine\09394\200-09394-19001\ProjMgmt\Correspondence\Construction Management Proposal\1-City\Revision 02\Well 28 Equipping Additoinal Construction Services Well Equipping Proposal_rev02.docx
Price Summary / Totals
Task Pricing Totals 83,500
Specify Add'l Fees on Setup 0
Technology Use Fee
Proj Area > 83,500
Submitted to: City of Orange (Attn: Tuan Cao. PE)
Contract Type: T&M
Project Phases / Tasks From Thru Months 111 11 63 5 32 0.00% 24,345 58,581 - - 574 83,500 2 3 4 7
Task 1 - DDW Permitting 09/04/23 12/30/24 15.6 35 310 31 1 8 2 20 4,955 - - - 45 5,000
1.1 DDW Assistance 31 1 8 2 20 4,955 45 5,000
Task 2 - Construction Management ad Inspection 03/16/24 03/15/25 11.7 26 234 80 10 55 3 12 19,390 58,581 - - 529 78,500
2.1 Review Change Orders (2) 18 2 4 12 3,090 10 3,100
2.2 Technical Support - Landscaping and Susan Secoy - - - - - - 20,700 - - 200 20,900 David Volz Design - - - 12,075 100 12,175 Susan Secoy - - - 8,625 100 8,725
2.3 Well Equipping Start-up (20 hours) 20 8 12 5,800 200 6,000
2.4 Geotechnical Observation 3 - 1 2 - 500 37,881 - - 119 38,500 Leighton 3 - 1 2 - 500 37,881 119 38,500
2.5 Additional Construction Support 39 38 1 10,000 10,000 Totals 09/04/23 03/15/25 18.0 111 11 63 5 32 0.00% 24,345 58,581 - - 574 83,500 7 Resource
Well No. 28 Additional Construction Support
Price Proposal
Revision Date:
Jun 13, 2023
Labor Plan
Additional Construction Support for Orange Well No. 28 Well Equipping Total Price Pricing by Resource
Management
Program Manager
(Tom Epperson)
Task Pricing
TotalsSchedule
Work Days
Off
Work Days Total
Labor Hrs Subs Travel Mat'ls & Equip ODCs
Labor
Rate Esc. Labor
Project Manager 2
(Laurence Esguerra)
Sr Project
Administrator (Deana
Escamilla )
Process
Engineer 2 (Kathern
Lungren)
Tetra Tech - Confidential and Proprietary Page 1 of 1 Printed 12/15/2023 Rate Rate
Project Management Construction
Project Manager 1 $225.00 Construction Project Rep 1 $90.00 Project Manager 2 $260.00 Construction Project Rep 2 $100.00 Sr Project Manager $305.00 Sr Constr Project Rep 1 $120.00 Program Manager $335.00 Sr Constr Project Rep 2 $135.00 Principal in Charge $335.00 Construction Manager 1 $185.00 Construction Manager 2 $210.00
Construction Director $260.00
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 $75.00 Project Analyst 2 $118.00
CAD Technician 2 $90.00 Sr Project Analyst $158.00
CAD Technician 3 $105.00
CAD Designer $115.00 Reimbursable In-House Costs:
Sr CAD Designer 1 $145.00 Photo Copies (B&W 8.5”x11”)
Sr CAD Designer 2 $148.00 Photo Copies (B&W 11”x17”)
CAD Director $175.00 Color Copies (up to 8.5"x11")
Survey Tech 1 $60.00 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%. 2023/2024
HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE
NOTE: Rates subject to change annually.