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  Agenda Item   23.    
City Council Meeting
Meeting Date: 02/20/2018  
FROM: Bill Gallardo

Subject:
Acceptance of Contract and Notice of Completion for Contract with McCarthy Builders, Inc. for the Brea Superblock I Parking Structure, CIP Project No. 7903
RECOMMENDATION
  1. Accept Construction Contract as complete and authorize City Clerk to record Notice of Completion; and
  2. Authorize City Clerk to release the Payment and Performance Bond Upon notification from the Public Works Department.
BACKGROUND/DISCUSSION
On April 19, 2016, the City Council awarded a Design-Build Contract ("Contract") to McCarthy Builders, Inc. ("McCarthy") in the amount of $8,927,383 with a 6% construction contingency amount for a total design-build budget of $9,463,026 for the Brea Superblock I Parking Structure, CIP Project No. 7903 ("Project").  The Project replaced the 178 stall surface parking lot with a 4 level, 477 stall reinforced concrete parking structure in the Downtown area adjacent to the old Tower Records and Buffalo Wild Wings buildings along S. Orange Avenue.  
 
On June 28, 2016, staff issued a Notice to Proceed to begin the work with a completion date of October 19, 2017.  Due to an undocumented utility conflict and delays associated with the Southern California Edison ("SCE") existing transformer relocation work, the Contract days were extended with a revised completion date of January 11, 2018.  On December 27, 2017, the Project was considered substantially complete and the Parking Structure was open to the public.  The Project was deemed complete on January 11, 2018 with some minor punch-list items remaining and ready for the Notice of Completion ("NOC") to be submitted to the City Clerk for recordation (see attached NOC).  As of February 1, 2018, the minor punch-list items have been completed, work has been accepted by the City Engineer, and all deliverables from McCarthy for the Project have been received.  
   
The total Contract Change Orders ("CCO") issued for this Project amount to $279,359 or 3% of the original Contract amount.  Some of the major CCO's to the Project were as follows:
  
  1. SCE Transformer Relocation and Allowance Overrun via Settlement Agreement ($175,000)
  2. Extra Car Counting Monument sign on Birch Street and updated double sign on Brea Blvd ($18,940)
  3. Undocumented Utility ($14,859)
  4. Modify the Parking Structure exterior coloring to add 3 colors for a total of 5 ($19,204)
  5. Re-construct the Sidewalk along Birch Street adjacent to the Parking Structure ($16,500)

Additionally, the Contract allows for an early completion bonus of $2,000/day for a maximum of $30,000 up to final completion.  Therefore, based on this Contract provision and the substantial and final completion dates mentioned previously, McCarthy is entitled to the maximum $30,000 early completion bonus.  Therefore, the total final Contract amount, inclusive of the CCO's and early bonus, is $9,236,742.      
FISCAL IMPACT/SUMMARY
The following table summarizes the Final Contract amount, the Construction Engineering expenses to date, and the remaining budget:
 
Description Amount
Original Design-Build Contract $8,927,383
CCO's and Early Completion Bonus $309,359
Total Design-Build Contract $9,236,742
Construction Engineering Expenses To Date (i.e. inspections, construction management, materials testing, administration, and CIP Management) $476,947
TOTAL DESIGN-BUILD COSTS $9,713,689 
APPROVED BUDGET - DESIGN-BUILD $10,272,628
REMAINING BALANCE $558,939

The total approved budget within the 2017 CIP provided $10,503,000 funding for the Project.  Of this amount, $230,372 was expended to complete the 40% Bridging Documents for the Request for Proposal.  Therefore, the remaining balance of $10,272,628 was programed for the completion of the Design-Build Contract work inclusive of the Construction Engineering.  The Project is funded using the 2011 Bond proceeds (Fund 517) ($5,237,000), FARP (Fund 182) (230,372), and Community Benefit and Economic Development (Fund 140) ($5,035,628) for a total of $10,503,000.  

Staff is currently reviewing other work items outside of the McCarthy Contract with respect to the overall Project to continue with the fine tuning of this Parking Structure.  Some of the items being evaluated are:
  1. Electric Vehicle Charging Stations Installation (estimate $60,000) - The parking structure provides 13 stall locations ready for EV Charging stations to be installed.  Staff will be working with several vendors to obtain quotes to install the stations.
  2. Video Camera Installation (estimate $80,000) - Currently there are 18 overhead locations ready for cameras, as well as 2 locations for license plate readers at the parking structure entrances.  Staff will be working with several vendors to obtain quotes.   
  3. S. Orange Ave., Birch Street, and Alleyway Pavement Rehab (estimate $70,000) - Staff has been evaluating the pavement conditions within this area during the construction of the Parking Structure and would recommend the pavement rehab work due to the current assessed poor pavement conditions.   
  4. Solar Panel Installation (TBD) - The parking structure was constructed to support the installation of a solar panel power system, which would be located along the center columns on the top level.  Staff will be working with vendors and seeking potential grants to develop the plans and specifications for this work.
Based on the remaining balance for the Project, staff recommends continuing to evaluate/implement the items mentioned, as well as other items to enhance this area further within the remaining budget prior to closing out the Project. 
 
This high priority CIP Project replaced the 178 stall surface parking lot with a 4 level, 477 stall reinforced concrete parking structure in the Downtown area adjacent to the old Tower Records and Buffalo Wild Wings buildings along S. Orange Avenue.  The Project was substantially complete on December 27, 2017 and open to the public, and finally complete on January 11, 2018.  McCarthy has provided all required deliverables within the Contract and will maintain the Project for one year as part of the warranty period.  Furthermore, the City Engineer has accepted the work and provided the Notice of Completion for the City Clerk to record.  Therefore, staff recommends the City Council consider accepting the Construction Contract as complete and authorizing the City Clerk to record the Notice of Completion.  Additionally, upon the completion of the one-year warranty period, if there are no labor claims or defects on the Project, staff recommends City Council authorize the City Clerk to release the Payment and Performance Bond Upon notification from the Public works Department.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by:  Steve Kooyman, P.E., City Engineer
Concurrence: Tony Olmos, P.E., Public Works Director
Attachments
NOC

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