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Amend Agreement for Construction Engineering Services <br />April 4, 2023 <br />Page 2 <br />3 <br />3 <br />4 <br />1 <br />The SR-55/Ritchey Street Water Projects are being constructed as a result of Orange <br />County Transportation Authority (OCTA)’s SR-55 Freeway widening project and OCTA <br />is reimbursing the City for its cost. Berg & Associates, Inc. has continuously proved <br />throughout the course of this project to be a valuable partner to the City. The firm has <br />provided the additional staff and expertise necessary to manage construction of three <br />separate water resources relocation projects. <br />Berg & Associates, Inc. has encountered multiple unanticipated challenges during the <br />construction phase of the projects, including extended project schedule due to material <br />procurement delays and project scope changes, additional management services <br />requested by the funding agency (OCTA), additional administrative duties due to <br />inexperience of construction contractor on federally funded projects, and unexpected <br />Community Workforce Agreement union fees. An additional description is provided in <br />the consultant’s request to increase the total contract amount (Exhibit 1). <br />For these reasons, staff has exceeded the initial estimation of utilization of the <br />contracted services. Staff recommends amending the agreement with Berg & <br />Associates, Inc. to increase the not-to-exceed amount for the remainder of the contract <br />term (Exhibit 2). This will ensure the City continues to meet the increased project <br />demands and ensure a timely and quality delivery of the project. <br />FISCAL IMPACT <br />All funds expended for the water relocation project costs will be reimbursed by OCTA as <br />outlined in the Cooperative Agreement No. C-0-2201 and three Utility Reimbursement <br />Agreements for the State Route 55 Improvement Project. The approval of the <br />appropriation adjustment will recognize $900,000 into the Acquisition & Construction, <br />Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account (No. <br />06617002-57004) and appropriate the same amount into the Acquisition & Construction, <br />Water Utility Capital Projects, Water Capital Project expenditure account as shown <br />below. <br />Fiscal <br />Year <br />Accounting Unit – <br />Account No. <br />Fund <br />Description <br />Accounting Unit – <br />Account No. <br />Description <br />Amount <br />2022-23 <br />(July-June)06617647-66301 Acquisition & <br />Construction <br />Water Utility Capital <br />Projects, Water <br />Capital Project <br />$180,000 <br />2023-24 <br />(July-June)06617647-69011 Acquisition & <br />Construction <br />Water Utility Capital <br />Projects, Reserve <br />Appropriation <br />$600,000 <br />2024-25 <br />(July-Nov)06617647-69011 Acquisition & <br />Construction <br />Water Utility Capital <br />Projects, Reserve <br />Appropriation <br />$120,000 <br />TOTAL:$900,000