TO: Honorable Mayor and Members of the City Council
FROM: Romany Basilyous, Acting Director of Public Works PREPARED BY: Yovanni Viramontes, Associate Engineer
DATE: December 4, 2024
SUBJECT: Acceptance of Construction Improvements and Authorization for Filing of Notice of Completion for CIP 22 -044 - Susan Rubio Zocalo Park and Civic Center Plaza Project. Request for Appropriation of Additional Construction Contingency Funds to Support Project Closeout.
SUMMARY
The purpose of this staff report is to seek City Council's acceptance of Project Improvements and authorization to file a Notice of Completion (NOC) for CIP 22 -044 – Susan Rubio Zocalo Park and Civic Plaza Project with the LA county Recorder’s Office. Additionally, Staff is requesting the appropriation of $600,000 from Measure W and SB1 funds to cover the cost of overruns related to the construction of the project. The work completed as part of the project includes the grading and relandscaping of approximately 2.75 acres of land fronting City Hall between Pacific Ave and Sterling Way. The main plaza includes a new pavilion with seating and gathering space, a new retail building with parking spaces, the closure of portion of Maine Avenue, a new pedestrian w alkway with decorative lighting and signage, decomposed gravel surfaces, and installation of drought tolerant trees and plants. On Pacific Avenue, work included the narrowing of through traffic to provide a safer midblock crosswalk with rapid repeating fla shing beacons, new bike from Ramona Blvd to Bogart Avenue, ADA ramps, sidewalk improvements, curb and gutter removal and replacement, as well as pavement resurfacing, striping, and street signage.
RECOMMENDATION
It is recommended that the City Council
1) Accept the construction improvements by PCN3, inc. of Los Alamitos, CA and authorize the recordation of a Notice of Completion for City Project No. CIP 22-044 – Susan Rubio Zocalo Park and Civic Plaza; 2) Authorize the releasee of retention funds in the amount of up to $550,000 to PCN3, Inc upon the expiration of the 35-day notice period; and
3) Authorize the Director of Finance to appropriate $250,000 from SB1Fund #256 to Account #256-50-520- 58100-55022 and $350,000 from Measure W Fund #258 to Account #258 -50-520-58100-55022 and to make the necessary budget adjustments.
4) Authorize the Director of Finance to reappropriate the original approved allocations by increasing funding in the amount of $1,000,000 from Measure W Fund #258 to Account #258 -50-520-58100-55022, and decreasing funding in the amount of $1,000,000 from Futu re Development Fund #200 to Account #200 - 50-520-58100-55022, in order to free up funds in the Future Development Fund; and to reclassify charges related to these two funds and make the necessary budget adjustments.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The funds are available in Measure W and SB1 Funds to appropriate for the Susan Rubio Zocalo Park and Civic Plaza Project. The additional funding will be used to cover the construction cost overruns due to pro ject delays, construction support, design changes, and change orders and will come from the funds as follows:
Construction Costs Amount
Construction Contract (PCN3) $ 11,030,000
Contract Change Orders (PCN3) $ 70,000
Construction Administration (LCDG) $ 358,935
Construction Management + Inspections (IE) $ 342,136
Project Costs (Utilities, Demolition, Permits, and Misc Costs - Various Vendors) $ 389,929 Total Construction Costs $12,191,000
Approved Project Budget (Staff Report 10/19/2022) Amount Fund 200 Future Development Account # 200-50-520-58100-55022 $ 1,500,000 Fund 234 Quimby Account # 234-50-520-58100-55022 $ 1,100,000 Fund 256 SB1 Account # 256-50-520-58100-55022 $ 1,500,000 Fund 258 Measure W Account # 258-50-520-58100-55022 $ 1,000,000 Fund 270 State Grant Account # 270-50-520-58100-55022 $ 5,541,000 Total Budget $ 11,841,000
Request Additional Funds Amount
Reappropriate/Increase Measure W – Fund # 258-50-520-58100-55022 $1,000,000 Reappropriate/Decrease Future Development Fund – Fund # 200-50-520-58100-55022 ($1,000,000) Reappropriate SB1 – Fund # 256-50-520-58100-55022 (included in the original approved budget in the amount of $11,841,000)
$ 250,000
Appropriate Measure W – Fund # 258-50-520-58100-55022 $ 350,000 Total Requested Appropriations $ 600,000
BACKGROUND
On October 19, 2022, the City Council approved the plans and specifications and awarded a contract to PCN3, Inc. of Los Alamitos for the Susan Rubio Zocalo Park and Civic Center Plaza project. This transformative initiative aims to revitalize an underutilized street and parking area, converting it into a green space for a passive park with a walkable plaza for public gatherings and city events. The project, covering approximately 2.75 acres in front of City Hall between Pacific Avenue and Sterling Way, includes several key improvements: a new pavilion with seating and gathering space, a retail building with parking, a walkable open space and park for residents, and street enhancements along Pacific Avenue to connect the civic plaza and park to City Hall. The total approved construction budget is $11,841,000, which includes a $11,030,000 contract with PCN3, $36,000 for the demolition of an existing vacant building, and $775,000 for construction administration, management, and inspection services. Additionally, the City Council authorized a change order for $69,100 to add design services to the existing agreement with La Cañada Design Group, covering the necessary traffic and street improvements to complete the construction documents.
On November 15, 2022, the Public Works Director authorized a t ask order for Construction Administration and Close-Out services with La Cañada Design Group, Inc. for $128,285. This was in anticipation of the project moving into the procurement and mobilization phases, with construction expected to last 6 -8 months, beginning in January 2023 and concluding in August 2023.
On January 12, 2023, the city's contractor, PCN3, initiated mobilization for the main plaza construction between Pacific Ave, Maine Ave, and Sterling Way. During site demolition, the contractor encount ered unexpected challenges, including petromat beneath the asphalt on Maine Ave, concrete sections under the existing AC pavement, and abandoned underground utilities not accounted for in the original contract.
On February 9, 2023, the Engineering Manager issued a task order for construction management and inspection services to Infrastructure Engineers for $230,251. Infrastructure Engineers were selected as the lowest bidder
among three consultants from the city's on-call engineering services.
On July 5, 2023, the City Council authorized the Public Works Director to execute a contract change order for $40,520 from the approved contingency budget to redesign the proposed alley road, accommodating changes resulting from negotiations with property owners. With support from La Cañada Design Group, the revised plans were completed, approved by city staff, and issued to the contractor as a change order to the original design.
On August 16, 2023, the Public Works Director authorized a change order to extend Construction Administration services to the estimated project close -out in July 2024 for $68,410. This extension was necessary to provide timely responses to design and construction RFIs, submittals, and change orders.
On February 7, 2024, the City Council approved a CWA with SoCal Gas for the installation of new gas services for the proposed retail building, which was completed in April 2024. Since then, the contractor, PCN3, has completed work associated with water services and Southern California Edison, working closely with these third- party agencies and the city's construction team.
DISCUSSION
The Susan Rubio Zocalo Park and Civic Plaza is substantial completed as of mid -September 2024. The Project expenses are $12,191,000, which is $350,000 over the approved budget from October 19, 2022, which represents a change of %3.2 of the original construction contract. The additional costs are attributed to project delays, extra design work, extended construction administration, management, inspection services, change orders and project closeout.
The project had 55 change orders totaling a net of only $7 0,000.00 in addition to the construction amount of $11,030,000.00. These change orders represent about 0.6% of the original construction contract.
In addition to weather-related delays, the construction scope required coordinating various utilities, including the abandonment and relocation of gas services, installation of new water services for the retail building, relocation of a fire hydrant, new irrigation services, and a new transformer and power connection for the retail building and project site. Coordination with utility providers caused further delays, particularly impacting the retail building's construction. Due to all these factors, LCDG and IE agreements had to be extended to cover all the changes which led to extra cost of the project.
The requested $350,000 from Measure W, will be used to cover all construction cost overruns. Additionally, the $250,000 from SB1 where originally part of the construction budget but were later removed during FY23/24 mid- year adjustments due to the city receiving a credit for scope of work that was removed during construction. It is critical to restore these funds or reallocate the $250,000 from SB1 to the project budget as these funds are now necessary for the successful closeout of the project.
ALTERNATIVES
1. The City Council may choose not to authorize this appropriation of additional funds for project close-out.
This action is not recommended as it will cause additional delays with project close-out.
2. Provide Staff with alternate direction.
CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public fundin g, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate
CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.
LEGAL REVIEW
This report does not require legal review.
ATTACHMENTS
1. 1. Notice of Completion
2. Contract Change Order Summary
3. Contingency Expenses (Construction Administration, Management, Other)
RECORDING REQUESTED BY:
CITY OF BALDWIN PARK
WHEN RECORDED MAIL TO:
Name CITY OF BALDWIN PARK
Address 14403 E. Pacific Avenue
Baldwin Park
State, Zip CA, 91706
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APN: N/A NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. A certain work of improvement on the property hereinafter described and known as:
2. The FULL NAME of the OWNER is
3. The FULL ADDRESS of the OWNER is
4. A work of improvement on the property hereinafter described was COMPLETED on 5. The work of improvement completed is described as follows:
6. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is
7. The street address of said property is
The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true.
Date: By: Yovanni Viramontes, Associate Engineer
City of Baldwin Park, City Hall
Place of Execution
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
______________________ _____________________________________ Date: Signature: Romany Basilyous, Acting Public Works Director
City of Baldwin Park, City Hall
Place of Execution
City Project No. CIP 22-044
Susan Rubio Zocalo Park and Civic Plaza Project for the City of Baldwin Park was ACCEPTED by the City of Baldwin Park
14403 E. Pacific Avenue, Baldwin Park, CA 91706
September 14, 2024
CIP 22-044 – Susan Rubio Zocalo Park and Civic Plaza
PCN3, Inc.
14403 E. Pacific Avenue, Baldwin Park, CA, 91706
City Council on November 20, 2024.
No. Description Date Submitted Status Assigned for
Review
Response
Date
Working
Days Amount
1 Petromat in existing asphalt pavement 4/10/2023 Approved Miguel Hernandez 4/23/2023 2 23,081.82 $ 2 Remove and haul concrete under existing
AC pavement 2/9/2023 Approved Miguel Hernandez 4/28/2023 2 19,730.09 $ 3 Concrete pavement in place of water
feature 4/11/2023 Approved Miguel Hernandez 5/30/2023 7 29,956.19 $ 4 Change sewer line from 1" to 6" 4/28/2023 Approved Miguel Hernandez 5/30/2023 7 1,537.01 $ 5 Change storm drain pipe slope 4/28/2023 Approved Miguel Hernandez 5/30/2023 7 14,576.41 $ 6 New catch basin for infiltration basin 4/11/2023 Approved Miguel Hernandez 5/30/2023 5 4,659.05 $ 7 Eliminate traffic install from project (Credit)4/11/2023 Approved Miguel Hernandez 5/30/2023 0 (202,000.00)$ 8 Remove and replace PCC pavement 5/16/2023 Approved Miguel Hernandez 8/28/2023 7 42,817.74 $ 9 Install new 8" water service 5/22/2023 Approved Miguel Hernandez 8/28/2023 7 22,213.44 $ 10 Install 2 new grease interceptor 8/1/2023 Approved Miguel Hernandez 8/28/2023 4 55,126.49 $ 11 Remove steel tanks 9/6/2023 Approved Miguel Hernandez 9/19/2023 2 7,103.19 $ 12 Connect existing parkway drain 9/14/2023 Approved Miguel Hernandez 10/8/2023 2 3,233.71 $ 13 Extension of time 6/23/2023 Approved Miguel Hernandez 11/16/2023 42 - $ 14 Palm tree removal / Metal Gate and Canopy12/1/2023 Approved Miguel Hernandez 12/1/2023 0 (679.78) $ 15 SCE connection - change of scope 10/2/2023 Approved Miguel Hernandez 12/6/2023 10 46,962.35 $ 16 Relocation of gas line 6/17/2024 Pending Miguel Hernandez 6/18/2024 0 (27,184.83) $ 17 Utility Crossings - Credit 6/17/2024 Pending Miguel Hernandez 11/7/2024 0 Part of CCO#55 18 R&R 12" steel water main 10/6/2023 Approved Miguel Hernandez 12/14/2023 2 11,074.87 $ 19 Domestic water manifold 10/4/2023 Approved Miguel Hernandez 1/23/2024 2 6,593.29 $ 20 Install T for fire and domestic water 12/7/2023 Approved Miguel Hernandez 1/23/2024 2 5,827.05 $ 21 Storm Drain conflict with canopy foundation12/7/2023 Approved Miguel Hernandez 1/23/2024 10 40,369.59$ 22 Install Spectrum conduit 1/17/2024 Approved Miguel Hernandez 1/23/2024 8 23,518.18 $ 23 Relocate irrigation and electrical at
Restaurant 1/16/2024 Approved Miguel Hernandez 1/24/2024 4 8,359.96 $ 24 Parallam Connection 12/6/2023 Approved Miguel Hernandez 5/20/2024 2 3,446.46 $ 25 Extra rebar 2/7/2024 Approved Miguel Hernandez 5/20/2024 1 573.73 $ 26 Angle installation modification 2/8/2024 Approved Miguel Hernandez 5/20/2024 1 1,166.65 $ 27 Tapping Sleeve 5/22/2023 Approved Miguel Hernandez 7/21/2024 1 3,389.73 $ 28 Demo existing manholes 1/15/2024 Approved Miguel Hernandez 5/20/2024 2 4,303.53 $ 29 Sign Layout / wording 2/8/2024 Approved Miguel Hernandez 5/20/2024 2 8,962.78 $ 30 8-inch curved wall 2/26/2024 Approved Miguel Hernandez 5/20/2024 1 6,393.50 $
CITY OF BALDWIN PARK
SUSAN RUBIO ZOCALO PARK
CONTRACT CHANGE ORDERS
No. Description Date Submitted Status Assigned for
Review
Response
Date
Working
Days Amount
31 Future sculpture foundations 2/8/2024 Approved Miguel Hernandez 5/20/2024 3 14,560.42 $ 32 Traffic rated walkway 2/22/2024 Approved Miguel Hernandez 7/21/2024 3 13,230.03 $ 33 New trash enclosure - CMU only 4/17/2024 Approved Miguel Hernandez 5/20/2024 3 21,778.04 $ 34 Adjust Four Sewer Manholes to Grade 2/1/2024 Approved Miguel Hernandez 5/20/2024 2 7,790.44 $ 35 Relocate Fire Alarm Panel 3/21/2024 Approved Miguel Hernandez 5/20/2024 2 6,942.17 $ 36 Modification of rooftop screen gate 4/2/2024 Approved Miguel Hernandez 5/20/2024 4 6,603.81 $ 37 Remove and relocate three park lights 4/2/2024 Approved Miguel Hernandez 5/20/2024 3 28,850.66 $ 38 Attached antenna to roof 4/16/2024 Approved Miguel Hernandez 5/20/2024 1 2,902.26 $ 39 Difference between cost of concrete PSI4/10/2024 Approved Miguel Hernandez 5/20/2024 0 1,401.84 $ 40 Roof hatch 2/22/2024 Approved Miguel Hernandez 5/20/2024 1 15,363.92 $ 41 R & R curb and gutter on Sterling Way 5/21/2024 Approved Miguel Hernandez 7/21/2024 1 12,870.10 $ 42 Eliminating 35 window sun fins from scope6/12/2024 Approved Miguel Hernandez 7/21/2024 0 (40,174.74)$ 43 Change concrete finish to broom 6/11/2024 Approved Miguel Hernandez 6/14/2024 0 (4,939.14) $ 44 Eliminate 3 awnings 6/11/2021 Approved Miguel Hernandez 8/7/2024 0 (14,634.90) $ 45 Furnish and install sewer clean-out 6/10/2024 Approved Miguel Hernandez 7/21/2024 1 2,770.71 $ 46 Restore sidewalk at alley 6/19/2024 Approved Miguel Hernandez 7/21/2024 1 7,063.00 $ 47 Install Mechanical screen supports 3/2/2024 Approved Miguel Hernandez 7/21/2024 2 4,110.81 $ 48 Terrace Footing 5/10/2024 Approved Miguel Hernandez 7/21/2024 2 7,044.92 $ 49 Increase tile area for Pavilion benches 5/10/2024 Approved Miguel Hernandez 7/28/2024 1 4,788.65 $ 50 Credit for labor for bending panels 6/10/2024 Approved Miguel Hernandez 8/1/2024 0 13,315.32 $ 51 Electrical room modifications 9//6/2024 Approved Miguel Hernandez 9/9/2024 5 14,178.54 $ 52 Polish restrooms floors 9/5/2024 Approved Miguel Hernandez 9/9/2024 1 4,135.95 $ 53 Additional curb per revised plan 9/5/2024 Approved Miguel Hernandez 9/20/2024 1 713.54 $ 54 29 LF Additional hand railing 9/18/2024 Approved Miguel Hernandez 9/23/2024 1 10,605.00 $ 55 Pending Change Orders Various 9/18/2024 Approved Miguel Hernandez 11/7/2024 0 (236,383.55)$ 180 70,000.00$
Bid Amount 11,030,000.00$
Total Change Order Amount 70,000.00$
Total Percent Change 0.63%
TOTAL
CIP 22-044 - Susan Rubio Zocalo Park and Civic Plaza Project (Project Costs) Construction Administration ( LA Canada Design Group) Amount LCDG - Const. Admin (Orignal Contract) 128,285.00 $
LCDG - ASR 3 & 6 (CA Services + Extensions) 120,000.00 $ LCDG - ASR #5 (Redesign Street/Alley Improvements) 40,520.00 $ LCDG ASR #7 (MEP and Signage Consultant Additional Services) 19,500.00$ LCDG ASR #8 (Modifying Street Scope of Work, Maine Ave) 50,630.00 $ Total 358,935.00 $
Construction Management and Inspection (Infrastructure Engineers) Amount IE (CEM Services Original) 230,521.00 $
IE (CEM, Extension 1) 91,010.00 $
IE (CEM, Extension 2) 20,605.00 $
Total 342,136.00 $
Project Costs (Utilities, Demolition, Permits, and Misc Costs - Various Vendors Amount Building Demolition - RAM 29,250.00$
SoCal Gas - Payment #1 87,229.56$
Geotechnical Insp. Wildan 32,280.00$
Willdan, Structural Inspections 22,320.00$
Final Map Coordination RKA 10,660.00$
Fire Department Permit 1,059.00$
Reimbursement Publishing 99.13$
City Notice TPM 336.00$
Dulce M Cruz , Catering 1,084.60$
Calland Services (Tentative Map/Final Map) 13,500.00$
Baldwin Park Unified School District 1,820.00$
Public Notice , Planning Comm. 670.00$
Geotechnologies , update soil report 350.00$
Socal Gas Payment #2 68,678.00$
Title Company - Final Map Fees 8,000.00$
South coast lighting 6,945.75$
Gardens Nursery 19,213.26$
Memorial Granites 2,879.37$
Chicas Graphics 4,454.10$
RKA (title company cost) 5,500.00$
Calland (Additional Services) 6,000.00$
(Additional Costs at Closeout) 67,600.23$
Total 389,929.00 $