FOURTH AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the "Fourth 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:
6780) dated une 1,201 Consultan incred into a cindy listene Agrital gene N B. City and Contractor 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 Contractor 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 Contractor amended the Original Agreement to revise the Scope of Services and increase the compensation by a Third Amendment to Consultant Services Agreement (Agreement No. 6780.3) dated January 23, 2024, which is incorporated herein by this reference (the "Third Amendment"); and
E. City and Contractor 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 Contractor agree that all references in this Fourth Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Fourth 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 'endered as set forth in Section 2.a of the Original Agreement is increased by FIFTY-EIGH THOUSAND ONE HUNDRED FIFTY DOLLARS and 00/100 ($58.150.00) and Section 2.a is herebs "Contractor's total compensation for all services performed under this Agreement, shall not exceed NINE HUNDRED NINETY-SIX THOUSAND THREE HUNDRED FIFTY DOLLARS and 00/100 ($996,350.00) without the prior written authorization of City."
Section 5. Integration. This Fourth Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties.
(Remainder of page intentionally left blank; signatures on next page] 2 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: Tom Eper Epperson By:_
Printed Name: Daniel R. Slater, Mayor
Title: Vice President
*By: _ ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
"NOTE:
-
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.
VNA
3 EXHIBIT "A"
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
Tt TETRA TECH
August 6, 2024
Transmitted via E-mail: [email protected]
Mr. 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. 5 for Additional Construction Support for Well No. 28 Dear Mr. Cao:
Tetra Tech has been providing engineering services on 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 for the design and construction support services based on Amendment No. 3 is $938,200.
The quantities for the various scope items for the construction phase services were established in the original proposal, updated to include PFAS by Amendment No. 2, and modified by Amendment No. 3. Construction phase services depend greatly on the Contractor's construction schedule, the adequacy of his submittals, the requested changes in the shop drawings, the details of any modifications requested by the Contractor, the amount of re- submittals, the amount of issues/conflicts that arise during construction, and the amount of scope the City and/or construction manager will complete instead of the design engineer. Tetra Tech does not control the amount of the shop drawings, the quantity of RFIs, or the issues that arise during the construction of the project. The purpose of this correspondence is to request an increase in our approved budget to allow Tetra Tech to continue providing engineering services during construction until the anticipated completion of construction.
SUMMARY OF SERVICES PERFORMED TO DATE
Tetra Tech has performed to date the following services during construction:
Quantities to Date
Approved Budget End of June 2024
% Approved
Task Description Quantity Budget Quantity Quantity Budget Spent EQUIPPING WELL NO. 28
Project Management 10 months $ 2,380 6 60% 1,430
Addenda 2 $ 7,660 2 100% $ 7,660
Construction Meetings 5 $ 6,605 1 20% $ 1,320
Shop Drawings 60 $ 51,150 131 218% $ 63,383
RFI Responses $ 13,870 56 373% $ 20,380
Minor Plan Revisions 20 hours $ 3,150 20 hours 100% $ 3,150 Record Drawings 1 $ 6,185 Not Done 0% $
DDW Permitting Not Done 0%
Assistance $ 5,000 $ 0
17885 Von Karman Avenue, Suite 500, Irvine, CA 92614-6213 Tel 949.809.5000 Fax 949.809.50l0 tetratech.com
Mr. Tuan Cao, PE, Senior Civil Engineer
August 6, 2024
Approved Budget Quantities to Date
End of June 2024
% Approved
Task Description Quantity Budget Quantity Quantity Budget Spent Review Change Orders 2 $ 3,100 0 0% $
Landscape & $ 20,900 In process 27%
Architecture Support $ 5,727
Well Equipping Startup 1 $ 6,000 Not Done 0% $ 0
Geotechnical
Observation $ 11,550 0 0% $
EQUIPPING 75%
SUBTOTAL - $ 137,550 - $ 103,080
PFAS CONSTRUCTION SUPPORT SERVICES
Project Management 8 months $ 1,344 5 63% $ 840
Addenda 1 $ 2,090 1 100% $ 2,090
Construction Meetings 1 $ 480 4.5 450% $ 2,180
Shop Drawings 30 $ 9,150 29 97% $ 8,845
RFI Responses $ 4,436 19 127% $ 5,635
Plan Revisions 20 $ 2,000 20 100% $ 2,000
Geotechnical
1 $ 26,950 In process 112% $30,210
Observation
PFAS SUBTOTAL - $ 46,450 - 112% $ 51,800
Totals - $ 184,000 84% $ 154,880
As seen in the above table, we are performing our well equipping shop drawing review and RFI responses at cheaper unit cost than we anticipated in our original proposal. Original proposal assumed about $850 per shop drawing and we are averaging about $480 per each. Original proposal assumed about $920 per RFI and we are averaging about $360 per each. We are assuming that the average will apply for the future review/response.
ADDITIONAL CONSTRUCTION SUPPORT SERVICES
Based on the Contractor's Baseline Schedule, construction will not be completed until March 2025. Based on the current status, we are assuming that the following additional work will be required in order to continue providing construction support services to the end of the construction of the project.
WELL EQUIPPING CONSTRUCTION SUPPORT SERVICES
Item No. 1: Additional Submittal Reviews
Tetra Tech has been required to review 131 well equipping shop drawings. The original budget was based on reviewing 60 shop drawings and we are currently over the original budget by about $12,000. As of the date of this correspondence, we have been able to perform our review of the well equipping shop drawings at a cheaper unit cost than assumed in our original proposal ($480/shop drawing instead of $850/shop drawing). We assume that we will be required to review an additional twenty-nine (29) shop drawings or resubmittals for a total of about 160 well equipping shop drawings. Based on the average cost of review ($480/shop drawing) and the original budget of $51,150, we should have been able to review about 105 shop drawings within the original approved budget.
TETRA TECH
Mr. Tuan Cao, PE, Senior Civil Engineer
August 6, 2024
Therefore, we are requesting an additional 55 shop drawings will require our review at the unit cost of $480 per shop drawing. This results in additional budget of $26,400.
Item No. 2: Additional Requests for Information Responses Tetra Tech has already responded to 56 well equipping Requests for Information (RFls). The original budget was based on responding to 15 RFls and we are currently over the original budget by about $7,000. As of the date of this correspondence, we have been able to perform our responses to the well equipping RFIs at a cheaper unit cost than assumed in our original proposal ($360/RFI instead of $930/RFI). We assume that we will be required to respond to an additional twenty-four (24) RFIs for a total of about 80 well equipping RFIs. Based on the average cost of review ($360/RFI) and the original budget of $13,870, we should have been able to review about 38 RFIs within the original approved budget.
Therefore, we are requesting an additional 42 RFIs will require our response at the unit cost of $360 per RFI. This results in additional budget of $15,150.
Item No. 3: Additional Minor Plan Revisions
Tetra Tech has reached the allowed budget for preparing plan revisions. The original budget was based on 20 hours of minor plan revisions at a budget of $3,150. With the modifications to the site to account for the off-site drainage and the addition of a new shut-off valve on the well discharge, we are assuming that additional 20 hours of plan revisions will be required. We are requesting an additional twenty (20) hours be budgeted, for a total of 40 hours.
This results in additional budget of $3,150.
Item No. 4: Additional Landscape & Architecture Support Our existing approved budget includes technical support for proposed landscaping and architectural features for the park sign design to be provided by David Volz Design and Secoy Architects. The approved budget is $20,900.
Following our July 18th meeting with the City, the City would like two (2) options for the park element/signage design to include the Cypress Street Barrio history. David Volz Design and Secoy Architects are requesting an additional budget of $25,000 (which includes Tetra Tech's support) to perform this additional work.
Item No. 5: Deletion of Geotechnical Observation
Our existing approved budget includes Leighton Consulting, Inc. providing 60 hours (prevailing wage) of observation of the following well equipping construction activities: site grading; foundation excavations; retaining In summary, we are requesting to increase the construction support services budget for Well Equipping by $58,150.
TETRA TECH
Mr. Tuan Cao, PE, Senior Civil Engineer
August 6, 2024
SUMMARY OF REQUESTED BUDGET INCREASE
Tetra Tech is proposing to perform the additional construction support services on a time and material basis with the following not to exceed budget amount.
Currently Approved Requested Additional Requested Budget Additional New
Task Description Quantity Budget Quantity Budget Quantity Budget EQUIPPING WELL NO. 28
Project Management 10 months $ 2,380 - $ 0 10 months 2,380 Addenda 2 $ 7,660 - $ 0 2 $ 7,660
Construction Meetings 5 $ 6,605 - $ 0 5 $ 6,605
Shop Drawings 60(105) $ 51,150 55 $ 26,400 160 $ 77,550 RFI Responses 15 (38) $ 13,870 42 $ 15,150 80 $ 29,020
Minor Plan Revisions 20 hours $ 3,150 20 hours $ 3,150 40 hours $ 6,300 Record Drawings 1 6,185 - $ 1 $ 6,185
DDW Permitting
Assistance $ 5,000 - $ 0 1 $ 5,000
Review Change Orders 2 $ 3,100 - 2 $ 3,100
Landscape &
1 $ 20,900 1 $ 25,000 1 $ 45,900
Architecture Support
Well Equipping Startup 1 $ 6,000 - $ 1 $ 6,000
Geotechnical
Observation $ 11,550 <$ 11,550> $ 0
EQUIPPING $ 137,550
SUBTOTAL - - $ 58,150 - $ 195,700
Project Management 8 months $ 1,344 - $ 0 8 months $ 1,344 Addenda 1 $ 2,090 $ 1 $ 2,090
Construction Meetings $ 480 - $ 0 1 $ 480
Shop Drawings 30 $ 9,150 $ 30 $ 9,150
RFI Responses 15 $ 4,436 $ 15 $ 4,436
Plan Revisions 20 $ 2,000 20 $ 2,000
Geotechnical 120 hours
Observation $ 26,950 - $ 120 hours $ 26,950
PFAS SUBTOTAL $ 46,450 0 $ 46,450
Totals $ 184,000 $ 58,150 $ 242,150
Tetra Tech is recommending the City approve an increase of $58,150 for construction support services for Well 28 Equipping. By approving this request, our approved budget for construction support services for Well 28 Equipping will be increased from $137,550 to $195,700.
Our approved project budget will be increased from $938,200 to $ 996,350.
TETRA TECH
Mr. Tuan Cao, PE, Senior Civil Engineer
August 6, 2024
We have about $29,120 budget remaining but over $23,000 of this budget is for our subconsultants (Landscape, Architecture and Geotechnical services). Therefore, we will be out of monies by next month.
Should you require additional information or have any questions, please feel free to contact me at 949/809-5156 or via e-mail at [email protected].
Sincerely,
1an
Vice President
TLE/te
P:1200-09394-190011ProjMgmt CorresponencelAdditional Equipping Construction Support (08-06-24)
TETRA TECH