HomeMy WebLinkAboutItem 17 - Amend Agreement for Construction Engineering Services: SR-55/Ritchey Street Water Improvements Public Works Agency
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Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Amend Agreement for Construction Engineering Services: SR-55/Ritchey
Street Water Improvements
AGENDA TITLE
Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates,
Inc. for Construction Engineering Services for the SR-55/Ritchey Street Water
Improvements Projects by an additional $900,000 for the remainder of the Agreement
Term (Project Nos. 19-6438, 19-6439, 19-6440) (Non-General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an amendment to the agreement with
Berg & Associates, Inc. for Construction Engineering Services for the SR-
55/Ritchey Street Water Improvements Projects to increase the compensation
amount by $900,000, which includes a $780,000 increase to the base amount
and a $120,000 contingency, for a total amount not to exceed $1,900,000 for the
remainder of the term of the agreement, subject to non-substantive changes
approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment to recognize an additional $900,000 in the
Acquisition & Construction, Water Utility Capital Projects, Expense
Reimbursement-OCTA revenue account and appropriate the same amount into
the Acquisition & Construction, Water Utility Capital Projects, Water Capital
Project expenditure account. (Requires five affirmative votes)
DISCUSSION
On November 2, 2021, at the conclusion of a competitive bidding process, the City
Council awarded a three-year agreement, with the provision for two one-year contract
extensions, to Berg & Associates, Inc. to provide construction engineering services for
the SR-55/Ritchey Street Water Improvements Projects. Berg & Associates, Inc. provide
engineering staff support and assistance with the overall delivery of the project,
including pre-construction tasks, construction management, contract compliance, and
project closeout.
Amend Agreement for Construction Engineering Services
April 4, 2023
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The SR-55/Ritchey Street Water Projects are being constructed as a result of Orange
County Transportation Authority (OCTA)’s SR-55 Freeway widening project and OCTA
is reimbursing the City for its cost. Berg & Associates, Inc. has continuously proved
throughout the course of this project to be a valuable partner to the City. The firm has
provided the additional staff and expertise necessary to manage construction of three
separate water resources relocation projects.
Berg & Associates, Inc. has encountered multiple unanticipated challenges during the
construction phase of the projects, including extended project schedule due to material
procurement delays and project scope changes, additional management services
requested by the funding agency (OCTA), additional administrative duties due to
inexperience of construction contractor on federally funded projects, and unexpected
Community Workforce Agreement union fees. An additional description is provided in
the consultant’s request to increase the total contract amount (Exhibit 1).
For these reasons, staff has exceeded the initial estimation of utilization of the
contracted services. Staff recommends amending the agreement with Berg &
Associates, Inc. to increase the not-to-exceed amount for the remainder of the contract
term (Exhibit 2). This will ensure the City continues to meet the increased project
demands and ensure a timely and quality delivery of the project.
FISCAL IMPACT
All funds expended for the water relocation project costs will be reimbursed by OCTA as
outlined in the Cooperative Agreement No. C-0-2201 and three Utility Reimbursement
Agreements for the State Route 55 Improvement Project. The approval of the
appropriation adjustment will recognize $900,000 into the Acquisition & Construction,
Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account (No.
06617002-57004) and appropriate the same amount into the Acquisition & Construction,
Water Utility Capital Projects, Water Capital Project expenditure account as shown
below.
Fiscal
Year
Accounting Unit –
Account No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
2022-23
(July-June)06617647-66301 Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$180,000
2023-24
(July-June)06617647-69011 Acquisition &
Construction
Water Utility Capital
Projects, Reserve
Appropriation
$600,000
2024-25
(July-Nov)06617647-69011 Acquisition &
Construction
Water Utility Capital
Projects, Reserve
Appropriation
$120,000
TOTAL:$900,000
Amend Agreement for Construction Engineering Services
April 4, 2023
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EXHIBIT(S)
1. Consultant Amendment Request
2. First Amendment to Agreement with Berg & Associates, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
Page 1 of 5
February 8, 2023
Mr. Gabriel Guerrero-Gabany, P.E.
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Construction Management Services for RFP 21-066
Estimate for Additional Budget – Increase to Total Contract Amount
Dear Mr. Guerrero-Gabany,
Through Bi-Weekly Owner/CM meetings and the Monthly Report, the Construction Management (CM)
Team has kept the City informed as to the status of the CM budget and that additional budget for CM
services will be required to complete the work. At this time, it appears the existing funds will be expended
end of March 2023, based on the current usage rate. In general, the budget increase is due to 5 factors:
1) Additional admin work hours for various project issues,
2) Addition of CM scope for specialty inspections and scheduling included in Amendment 1,
3) Addition of CM scope for specialty inspections and scheduling to be included in Amendment 2,
4) Inspection OT/DT for Jack & Bore 72 hr/wk
5) Additional work periods of CM planned sched vs Contractor actual work sched.
The original budget was built upon the assumption of the continuation of the CM budget with 6 months
construction after March 2023 (2 months Ph-1 and 4 months Ph-2), as well as closeout (less than 1 month
fulltime). The Contractor’s current schedule update shows an increase in the schedule of 6 months in Phase
1 as compared to our original budgeted time (before construction bid). The time increase to the Contractor’s
schedule paired with the special issues/unbudgeted costs that have caused a budget overrun, are resulting
In an additional 12 months to be applied to the CM budget. As requested by City staff, we have prepared
an estimated cost for the CM Team to complete the project. Our analysis was performed using “to-date”
defined as through November 30, 2022.
CM PLANNED COSTS VERSUS ACTUAL COSTS:
The CM Team has experienced many significant special issues that have arisen on the project as well as
administrative setbacks on behalf of the Contractor that have required more hours from our staff than was
originally proposed. These special issues and administrative items are detailed below. As a result of these,
CM Costs have Exceeded Planned Cost to-date by $ 157,239.37, which is ~40% over the Planned-To-Date
for the Construction Period. When the savings from Pre-construction planned costs are applied, this
represents $ 151,559.72.
PM/RE and Contract Administrator Costs: During this period, the PM/RE position exceeded the original
planned estimate by ~95%, or ($128,328.30), the Contract Administrator position exceeded planned
estimate amount by ~10%, or ($10,984.96), the Inspector position was under the planned amount by ~4%,
$ 7,034.45, and the Utility Coordinator position was under the planned amount by ~13%, $ 3,523.00.
Note: The above differences between planned and actual costs include some of the costs that were
included in Amendment No. 1 such as CWA Rate difference and utilizing a Jr. Office Engineer to offset
Administrative time with a lower rate – the details of that Amendment are broken down below.
Overage Costs from Original Estimate Due to Project Special Issues To-Date: (128,328.30)
EXHIBIT 1
Page 2 of 5
PM/RE and Contract Administrator Costs tasks that required a significant increase in hour allocation to
ensure quality of project delivery include the following:
1. Issue w/ Project Sequencing (Plans vs Spec vs Actual) – meetings & discussions with designer
2. Obtaining Additional Caltrans Rider Permit for City and Coordinating Contractor Procurement of
Double Permit
3. Establishing Relationship with City of Tustin and Obtaining Tustin Grading Permit
4. SCE Service to SA-7 – Coordination efforts of design issue. SCE design and coordination had not
been started. CM team took on this role.
5. Project Specification not Reflecting Caltrans Spec and Caltrans Desires – i.e. casing requirements
and welding requirements
6. Significant Number of Submittal Resubmittals (some resubmitted 4 times)
7. Contractor Baseline Schedule Review Sbmtl 004 – Contractor submitted 5 times and still had
issues. Extensive time reviewing and meeting with Contractor
8. Contractor Jack & Bore Shoring Review – no assistance from designer, contractor plan unusually
lacking
9. Contractor Issues with Procuring Casing Pipe – Contractor identified over 6 different pipe for
submission which included additional submissions for welding.
10. Write-up of CCO-001 – extensive write-up, completed Background and CCO versus “assisting with
CCO” per original scope.
11. RFI-034/PCO-012 SA-7 Automation and work of Enterprise Automated (EA) – Unusually time
consuming RFI which is developing into a CCO.
12. Preparation of budget and coordination of staff for additional scope added by City with Amendment
No. 01
13. Issues with the jack & bore ground monitoring.
CWA Rate: As identified in meetings with the City and in BergCM’s Letter to the City dated August 9, 2022,
a CWA Rate was established for our Inspectors to be in compliance with the City’s CWA. It was not known,
by BergCM or the City, at the time of contract execution that the CWA would apply to CM staff. To-date,
through Nov 30, 2022, this rate increase represents roughly $20,000 to-date. These are included in the
Inspection estimate above.
Submittal Reviews – Unplanned Costs: ON-SITE Conducted submittal reviews in March 2022 that was
not allocated in original budget.
Additional Admin Reviews by ON-SITE Technical To-Date: ($ 4,130.00)
Amendment No. 01 – Unplanned Costs: All of the Amendment No. 01 costs are attached herein to this
Letter. The additional unplanned costs that were utilized to date include the following:
Specialty Inspection by ON-SITE Technical To-Date: ($ 15,370.25)
Specialty Inspection by RMA Group To-Date: ($ 960.00)
Scheduling Services for Contingency Plans and Shadow Schedule: ($ 6,280.07)
Underestimated Working Days in Original Estimate: In our original budget, 360 working days were used
for the Construction periods (Phase 1 and Phase 2). This should have been corrected in a negotiation
period, as the actual working days is roughly 390 working days. If project special issues and unplanned
costs had not occurred, the Contingency could have been used to account for this error. However, our
attached spread sheet shows actual hours per month for the duration of the project according to the
Contractor’s baseline schedule. This represents a difference of $69,519.75, for actual costs (390 WD)
versus proposed/actual (360 WD).
Page 3 of 5
FORECASTED COSTS FOR PROJECT COMPLETION
Contractor’s Schedule vs CM Proposal: As noted in the CM Proposal, there existed an issue with the
allowed construction durations in the Project specifications. In the CM Proposal, the estimated (and
budgeted) duration of Phase 1 Construction was 15 months. The Contractor’s current plan indicates Phase
1 to be 21 months. The increase of 6 months is the largest factor for the CM budget increase. At the original
planned rates and hours, this is an increase of $263,197.50. This cost is found in the attached budget
analysis on line 18 for the monthly totals between June 2023 – November 2023.
Cost of Original FTE %’s with 6-month Extension: $ 263,197.50
Costs Needed for Completion (Not including 6-month Schedule Extension): As noted in the above
discussion, in addition to the Contractor’s extended schedule of 6 months, funds will be needed to complete
the contract according to the original schedule estimate. This represents another 6 months to be applied to
the CM budget. This cost is found in the attached budget analysis on line 18 for the monthly totals between
April 2023 – May 2023 and Phase 2.
Cost of Original FTE %’s with 6-month Original Estimated Schedule: $ 267,344.26
Costs for Close-out: Due to the projection that the total approved contract amount will be dispersed
entirely through the end of March 2023, we will need costs for close-out. This is shown on line item 37.
Cost of Original FTE %’s for 1 month Close-out: $ 48,302.24
Inspection OT/DT: Overtime and doubletime charges were also not identified in our original budget
estimate. The Contractor’s means and methods have required our inspection staff to work 12 hours days,
6 days a week. We have taken measures to avoid doubletime charges as much as possible by supplying
peak inspectors to the City, as originally proposed. However, Overtime charges are inevitable with this
schedule. These costs were not included in the originally proposed budget. The Contractor is planning to
work 6 days/week, 12 hour/day from December through January. This cost is found in the attached budget
analysis on line 34. We have accounted for potential overtime moving beyond the 6/12 operations, for 10
hours of OT per month. These costs can be found on line 34 and 35 in the attached spreadsheet.
Cost of Overtime for Alternate Schedule: $ 51,684.26
Anticipated CM Workload Due to Contractor Administrative Performance: It is anticipated that an
increase to originally planned percentages should be anticipated based on previous performance and
project issues including:
Contractor Submittal Resubmittals
Fully prepared CCO write-ups vs. Assistance/Recommendations for CCO write-ups
RFI-034 / PCO-012 SA-7 Automation Issue
If we apply the average overage per month for PM/RE time for December 2022 – April 2023, it represents
an increased amount of $ 81,727.05.
Cost of PM/RE at 40% (Dec 22- Apr 23): $ 81,727.05
In an effort to minimize PM/RE hours, we propose utilizing a new position, Office Engineer. The personnel,
Carlos Quiroz, QSP, we propose for this position has extensive construction knowledge, which will allow
for more project oversight than our previous position, Contract Administrator, which is more geared towards
contract compliance and document control. This will reduce the amount of time required for project oversight
being utilized for PM/RE.
Page 4 of 5
Utilization of New Rate for Office Engineer at 60% FTE: It is requested that the current administrative
positions (Brenda Ramirez, Contract Administrator, and Eric Vandenberg, Jr. Office Engineer) be replaced
with an Office Engineer (Carlos Quiroz, QSP) for a more technical assistance. Carlos’s experience and skill
level will be a mitigation effort to allow for the PM/RE to minimize his hours from the current overage usage.
Cost of Office Engineer at 60% (Mar 23 – End of Phase 2): $ 61,636.96
Utilization of New Rate for Jr. Office Engineer at 20% (Feb 23 – May 23): Due to recent Change Orders
issued by OCTA, and continuing project challenges, we highly recommend keeping additional help on
through May 2023 to keep costs of PM/RE lower. Costs for this position in February 2023 are covered by
the originally planned hours for Contract Administrator.
Cost of Jr. Office Engineer at 20% (Mar 23 – May 23): $ 9,839.44
Additional Cost for Scheduling Services: To ensure a coherent schedule from the Contractor it is
requested to extend the duration of the scheduler thru the Phase 1 period or at least a minimum of an
additional 6 months. For Phase 1, Mar 2023 – Nov 2023 and the first month of Phase 2,16hr/mo is 160hr
for Scheduler.
Additional Budget for Scheduling Services: $ 30,750.40
Additional Cost for Specialty Inspection Services: RMA Group will be utilized to provide CWI
Inspection/Testing of Field Welding of Welded Steel Pipe CMLC (24", 16", 14", 10", 8", 6").
Additional Budget for Specialty Inspection Services: $ 25,021.70
Additional Cost for CWA Rate: The CWA rate results in a $ 34.09 increase to our originally planned
inspector rate. When this is applied to the additional time after Amendment 01 costs are expended, roughly
June 2023.
Additional Budget for CWA Rate with Schedule Extension: $ 53,474.80
The attached spread sheet shows all additional costs dispersed for the entire Contract including actual
costs and forecasted costs. The amount needed to complete the project after budget expenditure through
March 2023 is shown in the table below, we would consider this amount Amendment 02:
Apr 2023 - Closeout Cost To Completion
Remainder Amendment 01 $ 10,446.24
Forecasted Additional Costs (shown above) $ 190,192.50
Planned FTE % - Original Schedule $ 263,197.50
Planned FTE % - Contractor Extension $ 267,344.26
Planned FTE % - Close out $ 44,144.08
ESTIMATE TOTAL AMEDNMENT 02 $ 775,324.58*
A difference of ~3k is shown on the spreadsheet, due to ODCs and marginal
estimate errors, all costs can be broken down further upon request.
Page 5 of 5
Mitigation/Cost Savings Potential Resolution: If the City is looking to reduce cost impacts from the
extended Contractor’s schedule, it would be most advisable to reduce CM costs during Phase 2 activities.
It would be difficult and detrimental to the project and close-out to reduce CM hours during Phase 1. This
would result in 8 months of additional CM budget as opposed to 12 months.
As the City is aware, from many discussions between City and CM team staff regarding the above
unplanned costs and project special issues, the construction management team requires additional budget
to complete the SR-55/Ritchey Street Water Improvement Project. This additional budget represents an
increase in our approved total contract amount and therefore it is expected to require City Council approval,
as well as submission of a funding request to OCTA.
We ask that the City consider Unplanned Costs, Project Issues, and the Contractor’s extended schedule
when reviewing this following request. Line items are negotiable, and our team is available for discussion
of each cost estimate. Berg & Associates, Inc. is committed to providing quality services to the City of Santa
Ana. You may contact Project Manager, Dave Smith, PE, QSD, at dave@bergcm.com, if you have any
questions.
Sincerely,
Alicia M. Berg
VP/Director of Development
Berg & Associates, Inc.
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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z AA AB
CONSTRUCTION
320 hrs 160 hrs 184 hrs 176 hrs 168 hrs 176 hrs 176 hrs 176 hrs 176 hrs 168 hrs 176 hrs
PHASE-1
Proposal Actual
Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost
PM / RE Dave Smith 230.23$ 192 44,204.16$ 171.25 10.25 $2,359.86 46 $10,590.58 44 $10,130.12 44 $10,130.12 42 $9,669.66 44 $10,130.12 44 $10,130.12 44 $10,130.12 42 $9,669.66 44 $10,130.12
Contract Administrator Brenda Ramirez 130.30$ 160 20,848.00$ 192.75 9.5 $1,237.85 92 $11,987.60 88 $11,466.40 88 $11,466.40 80 $10,424.00 88 $11,466.40 88 $11,466.40 88 $11,466.40 84 $10,945.20 88 $11,466.40
Lead CM/Observer Mike Masengale 134.09$ 40 5,363.60$ 4 $0.00 16 $2,145.44 80 $10,727.20 168 $22,527.12 154 $20,649.86 176 $23,599.84 62 $8,313.58 0 $0.00 0 $0.00 0 $0.00
CWA Inspector Various 134.09$ -$ 8 $1,072.72 24 $3,218.16 112 $15,018.08 168 $22,527.12 168 $22,527.12 176 $23,599.84
Utility Coordinator Dominic Costello 160.15$ 40 6,406.00$ 38 6 $960.90 18 $2,882.70 $0.00 $0.00 16 $2,562.40 $0.00 $0.00 $0.00 $0.00 $0.00
Peak Inspector Various 0 -$ 0
ODC Vehicle Inspector 5.50$ 0 $0.00 16 $88.00 80 $440.00 176 $968.00 178 $979.00 176 $968.00 174 $957.00 168 $924.00 168 $924.00 176 $968.00
ODC Consumables All Staff $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00
TOTALS
Monthly Planned Labor Hours & CM Cost 432 406 26 $4,708.61 172 $27,844.32 212 $32,913.72 308 $46,314.36 316 $47,653.08 308 $46,314.36 306 $46,035.18 300 $45,197.64 294 $44,215.98 308 $46,314.36
TOTAL TO DATE PLANNED 76,820.92$ $4,708.61 $32,552.93 $65,466.65 $111,781.01 $159,434.09 $205,748.45 $251,783.63 $296,981.27 $341,197.25 $387,511.61
AMENDMENTS/UNPLANNED COSTS
Submittal Reviews Specialty Reviews ONSITE Various 4,130.00$ 4,130.00$
Amendment 01 Specialty Inspection ONSITE Various 19,566.57$ 19,566.57$ 5,737.50$ 388.50$ 777.00$ 4,337.25$
Amendment 01 Specialty Inspection RMA Group Various 20,974.78$ 960.00$
Amendment 01 Scheduling - OCTA Constraints/COSA Charlie Fornelli 191.19$ 30,208.02$ 765.33$ 695.75$ 278.23$ 4,540.76$
Amendment 01 CWA Rate Difference Various 31.09$ 51,018.69$ 3,482.08$ 5,223.12$ 5,471.84$ 4,476.96$
Amendment 01 Jr Office Engineer Eric Vandenberg 93.61$ 4,377.79$
Amendment 02 Jr . Office Engineer Sierra Smith 93.61$ 9,839.44$
Amendment 02 Scheduler - COSA Contractor Reviews Charlie Fornelli 191.19$ 30,750.40$
Amendment 02 Specialty Inspection RMA Group Various 25,021.70$
Amendment 02 Peak Inspection Various 134.09$ 402.27$
Amendment 02 Sr. Office Engineer at 60% (Mar-End)Carlos Quiroz 153.07$ 61,636.96$
Amendment 02 PM/RE at 40% (Dec-Mar)Dave Smith 230.23$ 78,936.66$
Amendment 02 CWA Rate Difference Various 31.09$ 53,474.80$
Amendment 02 Inspector Overtime Various 191.68$ 51,466.08$
Amendment 02 Inspector Double Time Various 218.18$ 218.18$
SUM OF AMENDMENT/UNPLANNED COSTS $0.00 $4,895.33 $695.75 $0.00 $278.23 $0.00 $9,219.58 $5,611.62 $6,248.84 $14,314.97
ACTUAL/FORECASTED MONTHLY $4,616.17 $41,030.23 $37,819.90 $59,551.31 $58,200.45 $46,527.20 $76,149.76 $69,516.13 $72,835.14 $78,504.69
MONTHLY DIFFERENCE $92.44 ($13,185.91) ($4,906.18) ($13,236.95) ($10,547.37) ($212.84) ($30,114.58) ($24,318.49) ($28,619.16) ($32,190.33)
ACTUAL TO DATE/FORECASTED ACTUAL 71,141.27$ $4,616.17 $45,646.40 $83,466.30 $143,017.61 $201,218.06 $247,745.26 $323,895.02 $393,411.15 $466,246.29 $544,750.98
% of 'TOTAL TO DATE PLANNED' by Stage (neg number is over budget)7%2.0%-40.2%-27.5%-27.9%-26.2%-20.4%-28.6%-32.5%-36.7%-40.6%
Difference Cummulative Planned vs Actual To Date ( ($xx) is amt over To Date budget)5,679.65$ $92.44 ($13,093.47)($17,999.65)($31,236.60)($41,783.97)($41,996.81)($72,111.39)($96,429.88)($125,049.04)($157,239.37)
Total Authorized Amount Planned To Date Total Authorized Amount Planned To Date $236,255.01 $282,569.37 $328,604.55 $373,802.19 $418,018.17 $464,332.53
Total Amount Expended/Projected To Date Total Authorized Amount Expended To Date $272,359.33 $318,886.53 $395,036.29 $464,552.42 $537,387.56 $615,892.25
Difference ($36,104.32)($36,317.16)($66,431.74)($90,750.23)($119,369.39)($151,559.72)
% of Total Contract used 44.3%52.1%60.2%61.6%
% over/under of Planned Total to Date -15.3%-12.9%-20.2%-24.3%-28.6%-32.6%
Construction Period Planned To Date $159,434.09 $205,748.45 $251,783.63 $296,981.27 $341,197.25 $387,511.61
Construction Period Actual To Date $201,218.06 $247,745.26 $323,895.02 $393,411.15 $466,246.29 $544,750.98
Difference ($41,783.97)($41,996.81)($72,111.39)($96,429.88)($125,049.04)($157,239.37)
% over/under Construction Period Planned -26.2%-20.4%-28.6%-32.5%-36.7%-40.6%
Construction Period Planned To End $1,099,114.05 $1,099,114.05 $1,099,114.05 $1,099,114.05 $1,099,114.05 $1,099,114.05
Construction Period Actual To Date $201,218.06 $247,745.26 $323,895.02 $393,411.15 $466,246.29 $544,750.98
% of Construction Period used 18.3%22.5%29.5%35.8%42.4%49.6%
Total Authorized Amount To End Planned $892,275.92 $892,275.92 $892,275.92 $999,882.29
Total Authorized Amount To Date Used $395,036.29 $464,552.42 $537,387.56 $615,892.25
Total Authorized Amount Remaining $383,990.04
% of Authorized Amount used 44.3%52.1%60.2%61.6%
Recent 3 months used $192,193.09 $218,501.03 $220,855.96
Average over 3 months $64,064.36 $72,833.68 $73,618.65
Remaing time for Construction Period Budget (months)11.0 mo 8.7 mo 7.5
Remaing time for Total Authorized Budget (months)6.7 mo 4.9 mo 5.2
Mar-22
WD Hrs
PRE-CON CONSTRUCTION CONSTRUCTION
Apr-22 May-22 Jun-22 Jul-22Scope Labor Category Name Rate
Feb-22 Aug-22 Sep-22 Oct-22 Nov-22
Construction Management & Inspection
Services
CURRENT
MONTH
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AC AD AE AF AG AH AI AJ AK AL AM AN AO AP AQ AR AS AT AU AV AW AX AY AZ BA BB BC BD BE BF BG BH BN BO BP
CONSTRUCTION CONSTRUCTION
176 hrs 168 hrs 160 hrs 184 hrs 160 hrs 176 hrs 168 hrs 160 hrs 184 hrs 160 hrs 168 hrs 160 hrs 176 hrs 176 hrs 152 hrs 176 hrs
Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost
44 $10,130.12 42 $9,669.66 40 $9,209.20 46 $10,590.58 40 $9,209.20 44 $10,130.12 42 $9,669.66 40 $9,209.20 46 $10,590.58 40 $9,209.20 42 $9,669.66 40 $9,209.20 44 $10,130.12 44 $10,130.12 38 $8,748.74 44 $10,130.12 96 22,102.08$
88 $11,466.40 84 $10,945.20 80 $10,424.00 92 $11,987.60 80 $10,424.00 88 $11,466.40 84 $10,945.20 80 $10,424.00 92 $11,987.60 80 $10,424.00 84 $10,945.20 80 $10,424.00 88 $11,466.40 88 $11,466.40 76 $9,902.80 88 $11,466.40 128 16,678.40$
0 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 -$
176 $23,599.84 168 $22,527.12 160 $21,454.40 184 $24,672.56 160 $21,454.40 176 $23,599.84 168 $22,527.12 160 $21,454.40 184 $24,672.56 160 $21,454.40 168 $22,527.12 160 $21,454.40 176 $23,599.84 176 $23,599.84 152 $20,381.68 176 $23,599.84 40 5,363.60$
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0
0
176 $968.00 168 $924.00 160 $880.00 184 $1,012.00 160 $880.00 176 $968.00 168 $924.00 160 $880.00 184 $1,012.00 160 $880.00 168 $924.00 160 $880.00 176 $968.00 176 $968.00 152 $836.00 176 $968.00
$150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $100.00
308 $46,314.36 294 $44,215.98 280 $42,117.60 322 $48,412.74 280 $42,117.60 308 $46,314.36 294 $44,215.98 280 $42,117.60 322 $48,412.74 280 $42,117.60 294 $44,215.98 280 $42,117.60 308 $46,314.36 308 $46,314.36 266 $40,019.22 308 $46,264.36 264 44,144.08$
$433,825.97 $478,041.95 $520,159.55 $568,572.29 $610,689.89 $657,004.25 $701,220.23 $743,337.83 $791,750.57 $833,868.17 $878,084.15 $920,201.75 $966,516.11 $1,012,830.47 $1,052,849.69 $1,099,114.05 $1,143,258.13
1,273.25$ 4,130.00$ 2,923.07$
10,705.00$ 9,309.78$
6,930.64$ 5,401.12$ 6,807.63$ 4,788.57$
5,471.84$ 5,751.65$ 4,974.40$ 5,720.56$ 4,974.40$ 5,471.84$
2,131.84$ 2,245.95$
36.80 3,444.85$ 32.00 2,995.52$ 35.20 3,295.07$
16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$
11,676.00$ 5,004.00$ 5,004.00$ 3,337.70$
402.27$
4,911.33$ 4,270.72$ 4,697.79$ 4,484.26$ 4,270.72$ 4,911.33$ 4,270.72$ 4,484.26$ 4,270.72$ 4,697.79$ 4,697.79$ 4,057.18$ 4,697.79$ 2,914.56$
19,454.44$ 12,777.77$ 14,826.81$ 17,050.83$ 14,826.81$
5,223.12$ 4,974.40$ 5,720.56$ 4,974.40$ 5,223.12$ 4,974.40$ 5,471.84$ 5,471.84$ 4,725.68$ 5,471.84$ 1,243.60$
9,584.00$ 15,046.88$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$ 1,916.80$
218.18$
$56,171.46 $54,663.14 $43,124.71 $45,895.98 $37,047.29 $21,778.24 $14,683.22 $14,220.96 $15,607.73 $14,220.96 $14,683.22 $14,220.96 $15,145.47 $12,086.43 $10,699.66 $12,086.43 4,158.16$
$102,485.82 $98,879.12 $85,242.31 $94,308.72 $79,164.89 $68,092.60 $58,899.20 $56,338.56 $64,020.47 $56,338.56 $58,899.20 $56,338.56 $61,459.83 $58,400.79 $50,718.88 $58,350.79 48,302.24$
($56,171.46) ($54,663.14) ($43,124.71) ($45,895.98) ($37,047.29) ($21,778.24) ($14,683.22) ($14,220.96) ($15,607.73) ($14,220.96) ($14,683.22) ($14,220.96) ($15,145.47) ($12,086.43) ($10,699.66) ($12,086.43)
$647,236.80 $746,115.92 $831,358.23 $925,666.95 $1,004,831.84 $1,072,924.44 $1,131,823.64 $1,188,162.20 $1,252,182.67 $1,308,521.23 $1,367,420.42 $1,423,758.98 $1,485,218.82 $1,543,619.61 $1,594,338.49 $1,652,689.28 $1,700,991.52
-49.2%-56.1%-59.8%-62.8%-64.5%-63.3%-61.4%-59.8%-58.2%-56.9%-55.7%-54.7%-53.7%-52.4%-51.4%-50.4%-48.8%
($213,410.83)($268,073.98)($311,198.68)($357,094.66)($394,141.95)($415,920.20)($430,603.41)($444,824.37)($460,432.10)($474,653.06)($489,336.28)($503,557.24)($518,702.71)($530,789.14)($541,488.80)($553,575.24)($557,733.40)
$510,646.89 $554,862.87 $596,980.47 $645,393.21 $687,510.81 $733,825.17 $778,041.15 $820,158.75 $868,571.49 $910,689.09 $954,905.07 $997,022.67 $1,043,337.03 $1,089,651.39 $1,052,849.69 $1,099,114.05 $1,220,079.05
$718,378.07 $817,257.19 $902,499.50 $996,808.22 $1,075,973.11 $1,144,065.71 $1,202,964.91 $1,259,303.47 $1,323,323.94 $1,379,662.50 $1,438,561.69 $1,494,900.25 $1,556,360.09 $1,614,760.88 $1,665,479.76 $1,723,830.55 $1,772,132.79
($207,731.18)($262,394.33)($305,519.03)($351,415.01)ApprovedContract $999,882.29
71.8%81.7%90.3%99.7%Amednment 2 Estimate $772,250.50
-40.7%-47.3%-51.2%-54.4%Margin of error $3,074.08
AMENDMENT 02 $775,324.58
$433,825.97 $478,041.95 $520,159.55 $568,572.29
$647,236.80 $746,115.92 $831,358.23 $925,666.95
($213,410.83)($268,073.98)($311,198.68)($357,094.66)
-49.2%-56.1%-59.8%-62.8%
$1,099,114.05 $1,099,114.05 $1,099,114.05 $1,099,114.05
$647,236.80 $746,115.92 $831,358.23 $925,666.95
58.9%67.9%75.6%84.2%
$999,882.29 $999,882.29 $999,882.29 $999,882.29
$718,378.07 $817,257.19 $902,499.50 $996,808.22
$281,504.22 $182,625.10 $97,382.79 $3,074.07
71.8%81.7%90.3%99.7%
$253,825.65 $279,869.63 $286,607.25 $278,430.15
$84,608.55 $93,289.88 $95,535.75 $92,810.05
5.3 3.8 2.8 1.9
3.3 2.0 1.0 0.0
CLOSE-OUT
PHASE-2
Mar-23Dec-22 Jan-23 Feb-23 TBD (July 2024)Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 TBD (Apr 2024) TBD (May 2024) TBD (Jun 2024)
FIRST AMENDMENT TO AGREEMENT WITH BERG & ASSOCIATES, INC.,
TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
SR-55 / RITCHEY IMPROVEMENT PROJECTS
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on April 4,
2023, by and between Berg & Associates, Inc. (“Consultant”), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (“City”).
RECITALS
A.Following Cit y’s issuance of Request for Proposal No. 21-066, the parties entered into
Agreement No. A-2021-212, dated November 2, 2021, by which Consultant agreed to
provide Construction Management and Inspection Services for the SR-55 / Ritchey
Improvement Projects (Ritchey St Water Main Relocation Project No. 19- 6438, SA-7
Pressure Reducing Station Relocation Project No. 19- 6439 and SR-55 Water Crossing
Relocation Project No. 19- 6440) for the Cit y’s Public Works Agenc y (“Agreement”).
B.The Agreement is current and in effect through November 1, 2024.
C.The parties now wish to amend the Agreement to increase the not to exceed amount
under the Agreement due to unanticipated challenges during the construction phase of the
project.
The Parties therefore agree:
1.Section 2.a., Compensation, is amended to increase the not to exceed amount by
$900,000. This sum is comprised of (1) a $780,000 increase to the base amount and (2) an
approximate 15% contingency increase in the amount of $120,000 for additional services at
the City’s sole discretion. The total not to exceed amount for the remainder of the term of the
Agreement shall be $1,900,000.
2. Except as modified by this First Amendment, and all prior amendments, all terms and
conditions of the Agreement shall remain in full force and effect.
IN W ITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
Jennifer Hall Kristine Ridge
City Clerk City Manager
[signatures continued on next page]
EXHIBIT 2
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO, City Attorney
By:____________________________ _______________________________
Brandon Salvatierra Name: Alicia Berg
Deputy City Attorney Title: Director of Research/Development
RECOMMENDED FOR APPROVAL
______________________________
Nabil Saba
Executive Director
Public Works Agency