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SR-08-13-2013-3QVA City of City Council Report Santa M0111ca" City Council Meeting: August 1a 2013 Agenda Item: To: Mayor and City Council From: Martin Pastucha, Director of Public Works Subject: Third Contract Modification with R.C. Construction for the Pico Branch Library Project Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a third modification to Contract No. 9587 (CCS) in the amount of $363,000 (includes additional contingency) with R.C. Construction Services, Inc., a California -based company, to provide additional construction services for the new Pico Branch Library. This would result in an amended contract with a new total amount not to exceed $7,278,020. 2. Authorize the Director of Public Works to issue any necessary change orders to complete the work within budget authority. Executive Summary On May 22, 2012, Council authorized a contract with R.C. Construction Services, Inc. in the amount of $6,915,020, for the construction of the Pico Branch Library Project. Two change orders have been issued within budget authority related to unforeseen conditions and added scope due to the completion of design after the bidding process. Staff recommends a third contract modification for additional construction services, unforeseen conditions and the rainwater harvesting system in the amount of $363,000 to Contract No. 9587 (CCS) with R.C. Construction Services, Inc. for a new contract total in an amount not to exceed $7,278,020. The project will be completed in early 2014. Background On May 22 2012, Council authorized a contract with R.C. Construction Services, Inc. in the amount of $6,915,020 for the construction of the Pico Branch Library Project, which included an allocation of $105,600 for the construction of a rainwater harvesting system. Two contract modifications were issued via change orders within budget authority for unforeseen conditions, added scope and design changes. 1 Discussion The Pico Branch Library Project began construction in August 2012. The project was awarded prior to the completion of the permitting process, resulting in final corrections and plan revisions at substantial cost. These corrections and revisions were addressed via two separate change orders amended to the original contract within budget authority. The project has also encountered unforeseen conditions including: rerouting previously unknown fiber optic data, power, and gas lines outside of the building footprint and removing buried remnants of previous buildings and underground obstructions. Design for the rainwater harvesting system was also concluded after the start of construction. The original allocation of $105,600 was a conceptual estimate based upon preliminary design. Now that the design has been completed and permitted, additional funding in the amount of $253,000 is necessary to proceed with the rainwater harvesting system. The cost of the rainwater system would be paid for by the Pico Branch Library project account. Savings in the direct owner costs for the project are sufficient to absorb these additional design and construction costs associated with the rainwater harvesting system; however these funds may be needed at final project closeout. Staff looked into funding the rainwater harvesting system with water demand mitigation fees collected from new development in the City. Resolution No. 8196 pertaining to water demand mitigation fees only allows funds to be used to retrofit water inefficient plumbing fixtures. Staff is proposing to return to Council this year with an amendment to Resolution No. 8196 to allow the use of water demand mitigation fees for other water efficiency projects such as this. If use of water demand mitigation fees is approved by Council, the Pico Branch Library project account would be reimbursed for the full cost of the rainwater harvesting system. These unforeseen conditions and additional scope changes have resulted in change order costs exceeding the 10% contingency amount that is considered standard on new construction projects. Based upon the status of the work to date, staff recommends providing an additional contingency amount of $110,000 from the Pico Branch Library 2 fund to address future changes in the scope of work or unforeseen conditions, and $253,000 for the installation of the rainwater harvesting system for a total contract modification amount not to exceed $363,000. This change order would address future issues without encountering long delays or additionally impacting the General Fund. Construction Schedule The contractor is currently 50% complete with the construction and plans to complete the project in early 2014. Financial Impacts & Budget Actions The contract modification amount to be awarded to R.C. Construction Services, Inc. is $363,000, (includes additional contingency) for an amended contract total not to exceed $7,278,020. Funds are available in the FY2013 -14 Capital Improvement Program budget in account C014032.589000. Prepared by: Christopher Dishlip, Civil Engineer roved: Forwarded to Council: 3 Rod Gould City Manager Reference: Contract No. 9587 (CCS)