FIFTH AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
THIS FIFTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT (the "Fifth Amendment") is made and entered into as of → 2025, by and between the CITY OF ORANGE, a municipal corporation ("City"), and TETRA TECH, INC., a Delaware corporation ("Consultant"), with reference to the following:
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 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 Consultant amended the Original Agreement to revise the Scope of Services and increase the compensation by a Fourth Amendment to Consultant Services Agreement (Agreement No. 6780.4) dated August 27, 2024, which is incorporated herein by this reference (the "Fourth Amendment"); and
F. 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 Fifth Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Fifth 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.
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 FIFTY-NINE THOUSAND EIGHT HUNDRED DOLLARS and 00/100 ($59,800.00) and Section 2.a is hereby amended in its entirety to read as follows:
"Consultant's total compensation for all services performed under this Agreement, shall not exceed ONE MILLION FIFTY-SIX THOUSAND ONE HUNDRED FIFTY DOLLARS and 00/100 ($1,056,150.00) without the prior written authorization of City." Section 5. Integration. This Fifth 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 Fifth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fifth 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 Fifth Amendment, the parties enter into this Fifth 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: Tan Eppersna Daniel R. Slater, Mayor
Title: Vice. Presidest
*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.
V
3 EXHIBIT "A"
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page]
TETRA TECH
March 31, 2025
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 Amendment 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. 4 is $996,350.
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 and Amendment No.
4. 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 RFls, 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:
Approved Budget Quantities to Date
End of March 2025
% Approved
Task Description Quantity Budget Quantity Quantity Budget Spent EQUIPPING WELL NO. 28
Project Management 10 months $ 2,380 14 140% $ 3,250
Addenda 2 $ 7,660 2 100% $ 7,660
Construction Meetings 5 $ 6,605 5 100% $ 6,650
Shop Drawings 160 $ 77,550 164 103% $ 79,490
RFI Responses 80 $ 29,020 94 118% $ 34,100
Minor Plan Revisions 40 hours $ 6,300 28 hours 70% $ 4,400 Record Drawings 1 $ 6,185 Not Done 0% $ 0
DDW Permitting 1
Assistance 5,000 Not Done 0% $ 0
17885 Von Karman Avenue, Suite 500. Irvine. CA 92614-6213 Tel 949.809.5000 Fax 949.809.5010 cetratech.com
Mr. Tuan Cao, PE, Senior Civil Engineer
March 31, 2025
Approved Budget Quantities to Date
End of March 2025
% Approved
Task Description Quantity Budget Quantity Quantity Budget Spent Review Change Orders 2 $ 3,100 0 0% 0
Landscape & 1 In process 63% $ 29,050
Architecture Support $ 45,900
Well Equipping Startup 1 $ 6,000 Not Done 0% $ 0
Valve Tree Design 1 100% $ 5,000
Structural Observations - 7 - $ 6,300
Geotechnical
Observation $ 0 0% $
EQUIPPING - $ 195,700 90% $ 175,900
SUBTOTAL -
PFAS CONSTRUCTION SUPPORT SERVICES
Project Management 8 months $ 1,344 8 100% $ 1,344
Addenda $ 2,090 1 100% $ 2,090
Construction Meetings $ 480 100% $ 480
Shop Drawings 30 $ 9,150 30 100% $ 9,150
RFI Responses $ 4,436 15 100% $ 4,436
Plan Revisions 20 $ 2,000 20 100% $ 2,000
Geotechnical
Observation 120 hrs $ 26,950 120 hrs 100% $26,950
PFAS SUBTOTAL - $ 46,450 - 100% $ 46,450
Totals - $ 242,150 92% $ 222,350
Tetra Tech has about $19,800 remaining in our construction support services budget. Of this remaining budget, 506350 vil beined iy windone orchier Series Tee elis eques in alional budget ue to the following additional construction support services that were not included in our approved budget to date.
ADDITIONAL CONSTRUCTION SUPPORT SERVICES
Based on the Contractor's Baseline Schedule, construction will not be completed until May 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 Project Management
Our approved budget was based on providing Project Management services for a maximum of ten months.
Assuming the project is completed at the end of May 2025 (including startup), Tetra Tech will have provided Project Management services for a total of sixteen (16) months, or an additional six (6) months. We are requesting an increase of $1,500 for this additional item of work.
TETRA TECH
Mr. Tuan Cao, PE, Senior Civil Engineer
March 31, 2025
Item No. 2: Additional Shop Drawings
Tetra Tech has been required to review 164 well equipping shop drawings. Our approved budget was based on reviewing a maximum of 160 shop drawings. We assume that we will be required to review an additional twenty- six (26) shop drawings or resubmittals for a total of about 190 well equipping shop drawings. Based on the average cost of review ($480/shop drawing), we are requesting an additional budget of $14,400 to review the additional thirty (30) well equipping shop drawings.
Item No. 3: Additional Requests for Information Responses Tetra Tech has already responded to 94 well equipping Requests for Information (RFIs). Our approved budget was based on responding to a maximum of 80 RFIs. We assume that we will be required to respond to an additional forty-three (43) RFIs for a total of about 137 well equipping RFls. Based on the average cost of review ($360/RFI), we are requesting an additional budget of $20,500 to respond to the additional fifty-seven (57) RFIs.
Item No. 4: Structural Observations
Tetra Tech has been requested by the City to perform structural observations (including preparation of a report) of various well equipping structures. The following is a summary of these on-site structural observations:
• July 7, 2024: reinforcing for the Chemical and Electrical Building; • July 19, 2024: reinforcing for the Chemical and Electrical Building; • August 16, 2024: CMU reinforcing for the Chemical and Electrical Building; • August 26, 2024: CMU reinforcing and structural steel for the Chemical and Electrical Building; • October 15, 2024: Reinforcing of the concrete slab and pipe supports; • October 24, 2024: Reinforcing of the concrete slab; and • November 6, 2024: Reinforcing of boundary wall by Chemical and Electrical Building.
Our approved budget did not have any monies for performing these structural observations. We are recommended the City budget for an additional 3 structural observations. We are requesting approval of a budget of $8,400 for these ten (10) structural observations that have been performed or will be performed in the future.
Item No. 5: Valve Tree Anchorage Design
The City requested Tetra Tech to perform the structural design of the valve tree anchoring per October 30, 2024 e- mail. Tetra Tech performed the structural calculations and design detail for the valve tree anchorage. Tetra Tech requested an additional $5,000 for this item of work.
Item No. 6: Additional Park Design
Tetra Tech recommends additional monies be budgeted for the finalization of the park design. This will allow for the City to continue to make changes, improvements, or minor modifications to the park design features as construction continues. Tetra Tech recommends an additional In summary, we are requesting to increase the construction support services budget for Well Equipping by $59,800.
TETRA TECH
Mr. Tuan Cao, PE, Senior Civil Engineer
March 31, 2025
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 6 1,500 | 16 months $ 3,880 Addenda 2 $ 7,660 - 2 $ 7,660
Construction Meetings 5 $ 6,605 - $ 5 $ 6,605
Shop Drawings 160 $ 77,550 $ 14,400 190 $ 91,950
RFI Responses 80 $ 29,020 57 $ 20,500 137 $ 49,520
Minor Plan Revisions 40 hours $ 6,300 - $ 0 40 hours $ 6,300 Record Drawings 1 $ 6,185 - $ 0 1 $ 6,185
DDW Permitting $ 5,000 1
- $ $ 5,000
Assistance
Review Change Orders 2 $ 3,100 - $ 2 3,100
Landscape &
$ 45,900 1 $ 10,000 1 $ 55,900
Architecture Support
Well Equipping Startup $ 6,000 $ 1 $ : 6,000
Valve Tree Design - $ 5,000 1 $ 5,000
Structural Observations - 10 $ 8,400 10 $ : 8,400
Geotechnical
$ 0 - 0
Observation
EQUIPPING $ 195,700 $ 59,800 $ 255,500
- - -
SUBTOTAL
Project Management 8 months $ 1,344 - $ 0 8 months $ : 1,344 Addenda 1 $ 2,090 - 0 1 $ 2,090
Construction Meetings 1 $ 480 - $ 1 $ 480
Shop Drawings 30 $ 9,150 - 0 30 $ 9,150
RFI Responses $ 4,436 - 0 15 $ 4,436
Plan Revisions 20 $ 2,000 - $ 0 20 $ 2,000
Geotechnical 120 hours
$ 26,950 - $ 120 hours $ 26,950
Observation
PEAS SUBTOTAL $ 46,450 - $ $ 46,450
Totals $ 242,150 - $ 59,800 - $ 301,950
TETRA TECH
Mr. Tuan Cao, PE, Senior Civil Engineer
March 31, 2025
Tetra Tech is recommending the City approve an increase of $59,800 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 $195,700 to $255,500.
Our approved project budget will be increased from $996,350 to $ 1,056,150.
We have about $19,800 budget remaining but over $16,800 of this budget is for our subconsultant (Landscape & Architecture (DVD) services). Therefore, we will be out of monies as soon as DVD completes its work.
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,
Anto peren
Vice President
TLE/te
P: 1200-09394-19001 ProjMgmi CorresponencelAdditional Equipping Construction Support (03-31-25)
TETRA TECH