AGR-7279.1 - RAFTELIS FINANCIAL CONSULTANTS INCDocuSign Envelope ID:D399107F-0036-40CF-8643-5194356CCBE1
DS
AGR-7279.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
Water and Sanitation Rate Study Services]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT(the
First Amendment") is made and entered into as of February 24 , 2023,by and between the
CITY OF ORANGE, a municipal corporation ("City"), and RAFTELIS FINANCIAL
CONSULTANTS, INC., a North Carolina corporation ("Contractor"), with reference to the
following:
A. City and Contractor entered into a Professional Services Agreement (Agreement
No. 7279) dated November 9, 2021, which is incorporated herein by this reference (the "Original
Agreement"); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by revising the Scope of Services and
increasing 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
First Amendment are deemed and construed to refer to the Original Agreement, as implemented
by this First 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 ELEVEN
THOUSAND NINE HUNDRED NINETY DOLLARS and 00/100 ($11,990.00) 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 NINETY-SEVEN THOUSAND SIX DOLLARS and 00/100
97,006.00) without the prior written authorization of City."
Section 5. Authority of City Manager. Pursuant to Section 3.08.430 of the Orange
Municipal Code, the City Manager is authorized to approve and execute amendments to the
Agreement to adjust the compensation as provided herein.
DocuSign Envelope ID:D399107F-0036-40CF-8643-5194356CCBE1
Section 6. Integration. This First 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 First Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this First Amendment shall control and govern the rights
and obligations of the parties.
IN WITNESS of this First Amendment,the parties enter into this First Amendment on the
year and day first above written.
CONTRACTOR" CITY"
RAFTELIS FINANCIAL CONSULTANTS, CITY OF ORANGE, a municipal corporation
INC., a North Carolina corporation
DocuSigned by:
DocuSigned by:
By: puf f u'
l It 4w,aS C. 910,
0AAQdl By' G1C0G(43ODD0405...
Printe p ?9er Brandt Thomas C. Kisela, Interim City Manager
Title: President/CEO
DocuSigned by:
By: avtisfiva, (kdinly n- APPROVED AS TO FORM:
Printe Mt?welliristine McIntyre DocuSigned by:
Title: CFO and Corporate Secretary 12 'k
07BC182A28A1461...
Mary E. Binning, 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.
Al
2
DocuSign Envelope ID:D399107F-0036-40CF-8643-5194356CCBE1
EXHIBIT "A"
SUPPLEMENTAL SCOPE OF SERVICES
Behind this page.]
DocuSign Envelope ID:D399107F-0036-40CF-8643-5194356CCBE1
RAFTELIS
445 S.Figueroa Street Phone 213.262.9308 www.raftelis.com
Suite 1925 Fax 828.484.2442
Los Angeles,CA 90071
if 11
January 6, 2023 E.X4 1 fj IT A
Sonny Tran
Assistant Water Manager
Public Works Department—Water Division
City of Orange
300 E. Chapman Ave
Orange, CA 92866
Subject: Water Rate Study Contract Amendment Request
Dear Mr.Tran,
The water rate study started in November of 2021 and assumed rates would be implemented at the end
of 2022. The study is slightly delayed and requires an extra meeting or two to brief City Staff members.
These meetings and efforts were not anticipated in our original proposal. The remaining project budget
is approximately$9,000 with which we must complete a report, and support City staff at a City Council
meeting and a public hearing.Therefore, this amendment requests an additional $11,990 for additional
meetings and miscellaneous work as needed to finalize the study which may include reviewing staff
reports, the public hearing notice, and answering customer/staff questions. The estimated hours are
shown in the table below.
Please let me know if you have any questions regarding this contract amendment request.We enjoy
working with you and your staff and look forward to completing a successful study!
Sincerely,
RAFTELIS FINANCIAL CONSULTANTS, INC.
Steve Gagnon, PE(Licensed in AZ)
Vice President
Cell:714 3512013
Email:Sgagnon@raftelis.com
DocuSign Envelope ID:D399107F-0036-40CF-8643-5194356CCBE1
Proposed Fee
City of Orange
Number of
Virtual Total Fees
Tasks Meetings PM SC GD CORP Total &Expenses
Additional Meetings as needed 2 12 12 24 7,920
Contingency 6 10 16 4,070
Total Estimated Meetings/Hours 2 18 22 0 0 40
Hourly Billing Rate 285 $220 $130 $80
Total Professional Fees 5,130 $4,840 $0 0 $9,970
PD-Project Director,Sudhir Total Fees $9,970
Pardiwala,PE
Total Expenses $2,020
PM-Project Manager,Steve
Gagnon,PE(AZ)
TR-Technical Reviewer,Theresa
Jurotich,PE,PMP
Total Fees&Expenses $11,990
SC-Staff Consultants
GD-Graphics Design