Item 21 - Amendment to the Agreement with Bernards Bros, Inc.

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Construction Management at Risk Services for the State Building and Plaza Demolition Project and Property Transfer of Plaza of the Fountains Parcel from County of Orange May 5, 2026 Page 4 Guaranteed Maximum Price. Work has included completion of environmental documentation, geotechnical investigations, underground utility exploration, survey work, and coordination associated with the proposed land transfer with the County of Orange discussed later in this report. Phase 2 CMAR Services During implementation of the initial phase planning activities, additional structural analysis conducted by the County of Orange determined that demolition of the State Building cannot occur while the elevated Plaza structure remains in place. The study concluded that the Plaza is structurally vulnerable to vibration and would not withstand demolition activity occurring beneath or adjacent to the structure. Because the elevated Plaza spans both City and County property, demolition of only the City-owned portion is not feasible. As a result, the entire elevated Plaza must be demolished prior to demolition of the State Building (Exhibit 3 and 4). City and County staff subsequently coordinated to develop an approach that would allow for the demolition of the entire Plaza structure and reconfiguration of pedestrian and accessibility connections throughout the Civic Center area. An additional complexity associated with this work involves maintaining access to the County's Law Library, which currently relies on the elevated Plaza for primary access. Removal of the Plaza therefore requires design and construction of new accessible routes, ramps, walls, and pathways to maintain safe public access to the facility. Recognizing these impacts, the Orange County Civic Center Authority approved an allocation of$500,000 on April 22, 2025 to support the costs associated with modifying access to the Law Library. These funds will be utilized as part of the construction/ demolition phase of the project. Approval of an Appropriation Adjustment for these funds will be presented for Council consideration along with the approval of construction/demolition contract at a future date. The remaining scope requires final engineering, coordination, and construction planning prior to proceeding with demolition activities. Phase 2 CMAR services will support the development of detailed construction documents and cost estimates necessary to safely execute the demolition of the Plaza and associated site improvements. Phase 2 services will include preparation of architectural, structural, plumbing, mechanical, and electrical engineering plans and specifications necessary to remove the elevated Plaza structure while protecting adjacent Civic Center facilities. The work will also include design of new access routes to the Law Library and other Civic Center areas previously connected by the Plaza. Scope of work will also include processing permits with both the City and County, development of the Guaranteed Maximum Price for construction, and providing procurement and bidding support.