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sr-032211-3hCity Council Meeting: March 22, 2011 Agenda Item: ~J® To: Mayor and City Council From: Martin Pastucha, Director of Public Works Subject: Change Order with West Valley Investment Group, Inc. for City Hall Seismic Retrofit Project Recommended Action Staff recommends that the City Council: 1) Authorize the City Manager to negotiate and execute a second change order to Contract No. 9143 (CCS) with West Valleylnvestment Group, Inc., aCalifornia- based company, in the amount of $679,153, for a total contract amount of $4,513,478. 2) Authorize the Director of Public Works to issue any necessary change orders to complete additional work within budget authority. 3) Authorize budget changes as outlined in the Financial Impacts and Budget Actions Section. Executive Summary On October 27. 2009, Council approved a construction contract with West Valley Investment Group, Inc. (West Valley) in the amount of $3,834,325 for the City Hall Seismic Retrofit Project. Due to delays in the Federal Emergency Management Agency (FEMA) environmental review process, the City's Building and Safety Division's plan check application expired and required resubmittal. The new submittal requires upgrading the design to meet the currently adopted building code. As a result, a second change order of $679,153 to .Contract No. 9143 (CCS) with West Valley is required for the added scope of service involved in making the code upgrades. Additional hazardous material monitoring and inspection services in the total amount of $34,847 are also necessary to complete the project as a result of the code changes that will be awarded under a separate contract. This project is scheduled to be completed in spring 2012. Discussion The City Hall Seismic Retrofit Project is partially funded by the Federal Emergency Management Agency (FEMA). Due to FEMA funding, the design of the project was subject to environmental review (Section 106, NEPA equivalent for historic structures). 1 The construction documents were completed, including plari check approval based on 2001 building code, and submitted to FEMA for environmental review in spring 2008. FEMA provided preliminary approval. for bidding and contractor selection in fall 2009, and completed their final environmental review in January 2010. On October 27. 2009, Council approved Contract No. 9143 (CCS) for the seismic retrofit of City Hall with West Valley. Due to FEMA's long environmental review process, the original plan check application expired and had to be resubmitted for a new review. Comments received from the new review required that the design be upgraded to meet the .2007 Uniform Building Code, as opposed to the previous 2001 Uniform Building Code. City staff requested the design consultant to redesign the plans to reflect the currently adopted building code in order to receive a new plan check approval. However, West Valley's bid and executed contract was based on the original construction documents approved under the 2001 building code. The plans were modified to be compliant with the 2007 code, which included the additional scope of work. West Valley submitted a change order request in the amount of $679,153 for the added scope. Change Orders In December 2010, a change order was issued in the amount of $88,978 to Contract No. 9143 (CCS) with West Valley, which was within authorized budget authority and therefore, did not require Council action. The change order was .for unforeseen conditions, including design and scope changes. Staff is now recommending a second change order, in the amount of $679,153, to West Valley's contract to fund the necessary structural changes required in the 2007 Uniform Building Code. An additional $34,847 is also needed to complete hazardous material monitoring and inspection services as a result of the structural changes. 2 Financial Impacts & Budget Actions In order to fund the additional scope of work for the City Hall Seismic Retrofit Project, an additional $714,000 of funding is necessary and requires the following budget actions: 1) Release $714,000 from the City Hall Renovation designation account 1.345140. 2) Appropriate $714,000 to the City Hall Seismic Retrofit project account 0012060.589000. 3) Issue second change order amount of $679;153 to Contract No. 9143 (CCS) with West Valley Investment Group, Inc. The remaining $34,847 will be used for additional monitoring and inspection services not provided by West Valley Investment Group, Inc. Prepared by: Alex Parry, Architect. Approved: Forwarded to Council: c Martin Pastucha Director of Public Works Rod Gould City Manager 3 Reference Amended Contract No. 9143 (CCS).