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Home My WebLink About09 - C-3650 - CdM Area Pavement RehabilitationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 June 14, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: CORONA DEL MAR AREA PAVEMENT REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3650 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: On June 22, 2004, the City Council authorized the award of the CDM Area Pavement Rehabilitation contract to Orion Contracting. The contract provided for the removal and replacement of portions of deteriorated asphalt roadway, replacement of portions of deteriorated PCC roadway, cold milling and overlaying other portions of roadway, installing reinforcing fabric, replacing uplifted curb and gutter, root pruning, replacement of curb access ramps, construction of cross gutters and other incidental items of work. The contract has now been completed, however there were a number of problems during the course of work by Orion Contracting. 1. They failed to provide a sufficient work phasing schedule to minimize disruption to vehicle and pedestrian traffic as required by Section 7 -10.3 of the contract. They also did not meet the requirement of not having two adjacent streets under construction at the same time or the requirement of having all streets open during evenings and weekends. (Attachments 1 and 2). SUBJECT: Corona del Mar Area Pavement Rehabilitation - Completion And Acceptance of Contract No. 3650 June 14, 2005 Page 2 2. They were unable to meet the schedule of completion of October 4, 2004, but were given time extensions due to the extreme rainy season that followed. Final corrective paving was not done until March 2005, and the punchlist was not completed until April 2005. (Attachment 3). 3. They excavated and removed the asphalt surface and base of Evening Canyon Road in Shorecliffs on Tuesday, October 19, 2004, when there was a 100% forecast for a downpour of 4- inches of rain that day. This was seriously harmful to the project. The contractor was held responsible for additional costs due to this lapse in judgement. 4. Their asphalt paving surface course on approximately half the roads in the Shorecliffs was not acceptable. Numerous complaints of the rough riding surface were received from residents and Staff. The contractor was required to completely repave these defective areas with a new 2 -inch asphalt smooth riding surface. (Attachments 4 & 5) 5. Survey centerline tie requirements were delayed and it was difficult to have them properly installed by the contractor. The project is now complete and meets City quality standards. However, the public and the surrounding neighborhood paid a heavy premium in delays, disruptions, and inconveniences. City Staff also spent an extraordinary amount of time managing this project which causes delays to the overall delivery of capital improvement program. A summary of the contract cost is as follows: Original bid amount: $892,660 Actual amount of bid items constructed: 908,859.00 Total amount of change orders: 175,983.01 Final contract cost: $1,084,842.01 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional removal and reconstruction of PCC gutters and cross - gutters. The final overall construction cost including change orders was 21.5% percent over the original bid amount. The City Manager has given his written authorization to exceed the original contract by over 10% per the City Council Policy F- 3. Nine change orders were issued for the project for a total of $175,983.01. In general, these changes were the result of unforeseen conditions and damage from excessive rainstorm events. They were as follows. 1. In the amount of $56,624.40 for paving Waterfront Street and for additional pavement fabric. SUBJECT: Corona del Mar Area Pavement Rehabilitation - Completion And Acceptance of Contract No. 3650 June 14, 2005 Page 3 2. In the amount of $12,498.64 for storm drain ring and covers, R &R on Morning Canyon due to watermain break, mirafi geotextile fabric, and additional striping on Third Street. 3. In the amount of $5,572.02 for removal of old underground utilities and buried PCC. 4. In the amount of $14,982.55 for asphalt and concrete restorative work on Dorchester Road and miscellaneous work. 5. In the amount of $71,575.50 for over - excavation of sub base and installation and compaction of new CMB material base. 6. In the amount of $6,577.63 for asphalt repair on Shorecliff at edge of project limit. 7. In the amount of $23,750, including $8,750 for additional ramps, curb and gutter, and overtime payment for work on Waterfront Street. Also $15,000 (40 %) for City share of additional grinding and repaving of 3 streets. 8. Deduction of $22,416.11 to correct the amount paid in Change Order 8. (This deductive change order used a corrected 'as- placed' unit weight for the CMB of 1.65 tons /cubic yard). 9. In the amount of $6,818.38 for temporary asphalt for intersection under construction and to assist City crews to backfill and pave after watermain break. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of highways and streets with negligible expansion in areas that are not environmentally sensitive. Funding Availability: Funds for the project were expended from the following accounts: Account Description Gas Tax Gas Tax Account Number 7181- C5100302 7181- C5100730 Amount $103,182.01 $981,660.00 $1,084,842.01 The original contract completion date was October 4, 2004. All work was completed on May 10, 2005, the revised completion date given due to the heavy rains, change order work added and re- paving required. Prepared by: R. Gunther, P.E. Construction Engineer Attachments CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 Attachment P FAX COVER SHEET DA TE: 919104 FAX NUMBER: 949 - 545 -2493 COMPANY., Orion Contracting, 806 Ave Pico, Ste I -337, San Clemente, Ca. 92672 ATTENTION OR Ken Weir I Jim Yackley SUBJECT: CDM Pavement Rehab; C -3650 FROM: R. Gunther, Construction Engineer FAXED BY. PHONE NUMBER: (949) 644 -3325 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET. 1 Orion is seriously behind schedule on this project. Particularly of concern is the lack of progress on any asphalt paving on the seven streets in CDM north of PCH. These streets have been dug up for a number of weeks, severely causing access, parking and dust problems. 1. Your schedule submitted in July showed that 4 streets, Fernleaf. Goldenrod, Iris +� September 2nd. Neither of these -paving schedules were met. All these streets need to be paved as soon as possible. Also, as the submitted schedule is no longer of any value, you need to submit a revised schedule by Wednesday September 15 that delineates the completion of your work in CDM as well as the paving in Shorecliffs by the contract completion date of October 4, 2004. Cc: Steve Badum, Public Works Director Bill Patapoff, City Engineer Rob Masters, Senior Inspector Steve Luy, Project Manager Bob Stein, Principal Engineer Please Notify Sender If Transmission Is Incomplete. Attachment No. 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director September 17, 2004 Jim Yackley Facsimile: 949 - 545 -2493 Orion Contracting, Inc. 806 E. Avenida Pico, Suite 1 -337 San Clemente, CA 92672 Subject: Corona Del Mar Pavement Rehabilitation Contract No. 3650 — Construction Phasing Dear Mr. Yackley, As you are aware, the specification for this project required a construction phasing plan in order to provide for public street and driveway access every evening and every weekend during the work. Due to difficulties associated with the construction of the streets so far, the City has drafted a construction phasing plan for the work remaining in the Shorecliffs tract, which call out 6 work areas. in which work could be done in only one area at a time. More importantly, you will need to provide input into this work phasing plan to estimate the length of street within each work area that you are able to excavate and place compacted base (along with providing necessary ramping to driveways and edges) in order to provide a drivable su Face each night such that local vehicular traffic may access their homes each night. Please provide this information as soon as possible. After receiving that information, we want to meet with Orion at City Hall to review the final work plan. No street reconstruction work is allowed to start until this meeting is held and written notification given to Orion to proceed with the street reconstruction work. You should contact the Senior Inspector Rob Masters at 949 - 644 -3312 when you have the information available and to arrange the meeting. (The concrete work in the Shorecliffs tract may proceed at this time as planned). Sincerely, R. Gunther, Construction Engineer cc: Steve Badum, Public Works Director Bill Patapoff, City Engineer Rob Masters, Senior Inspector Steve Luy, Project Manager Frank Tran, Project Engineer 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us Attachment No. 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director July 14, 2004 Orion Contracting, Inc. Via Facsimile: 949 - 545 -2493 806 E. Avenida Pico, Suite 1 -337 San Clemente, CA 92672 Subject: NOTICE TO PROCEED Corona Del Mar Pavement Rehabilitation Contract No. 3650 Subject: NOTICE TO PROCEED Gentlemen: You are hereby notified that your contract time will start or. August 2, 2004 and you are to fully complete the work within forty -five (45) consecutive working days thereafter. Your contract completion date is, therefore, October 4, 2004. If you are delayed in completing the work for any of the reasons stated in the Contract Documents, notify the City Engineer in writing, explaining the causes of delay, and a determination will be made for any allowable time erter,sion. In addition, if you do not complete the work within the time allowed, $500.00 per calendar day in liquidated damages will be assessed per the Contract Documents. If you have any questions, please call the Project Engineer, Stephen Luy, at 949- 644 -3330. Sincerely, Bill Patapoff City Engineer cc: R. Gunther, Construction Engineer 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 Fax: (949) 644 -3318 www.city.newport- beach.ca.us Attachment No. 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director January 13, 2005 Jim Yackley Orion Contracting, Inc. 806 E. Ave Pico, Suite I -337 San Clemente, CA 92673 Subject: CDM Area Pavement Rehab., C -3650 Asphalt Problem Areas Fax: 949 -545 -2493 The asphalt placed on this project has problem areas that need to be repaired, including the following: 1. Unacceptable Asphalt Driving Surface - In the Shorecliffs tract there are areas of rough ride and bird baths. On Evening Carryon, Seaward and D, —f wood the ride is unacceptably rough. The City has received numerous complaints ftom the residents about the poor rideability and quality of the work. P.lso, there are bird baths on the south end of Evening Canyon that are holding over an inch of water. 2. Asphalt Raveling - The asphalt is raveling in areas of Shorecliffs, particularly on Driftvrood at Seaward, Evening Canyon at Shorecliffs, and Morning Canyon at Shorecliffs the excessive raveling and loose gravel are creating a hazard. This needs to be replaced. The asphalt placed in these areas has failed material tests for stability and percentage of asphalt as noted in the attached laboratory report. 3. Unacceptable Patches - a) The asphalt patch placed on Avocado is not acceptable and will need to be removed and replaced. It appears to have been cold when placed and is failing already. b) The paving at 5`h Ave. and Jasmine is marked for removal and replacement due to excessive cracking and premature failure. 4. Raised Edge of Gutter - The roadwork on Jasmine from 3`a St to 5`h St. has lifted the gutter on the east side of the roadway, resulting in the pavement and edge of gutter being too high. It needs to be replaced at the proper elevation. Please provide us with your plans to make repairs for the above items and your proposed schedule to complete this remedial work. If you have any questions you may contact me or Rob Masters at (949) 644 -3311. Sincerely, R. Gunther Construction Engineer 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us Attachment No. 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director February 17, 2005 Fax: 949. 545 -2493 and Mail Jim Yackley Orion Contracting, Inc. 806 E. Ave Pico, Suite 1 -337 San Clemente, CA 92673 Subject: Corona Del Mar Area Pavement Rehabilitation, Contract No. 3650 Unacceptable Asphalt Paving on Evening Canyon Road, Seaward and Driftwood This letter is a follow up to item one of the City's letter of January 13, 2005 and your response letter dated February 10, 2005. Your letter states that the sub -grade was unsuitable /unstable for caving and that your paving machine was constantly breaking through the bass section. You also slated that Orion Contracting performed additional efforts in the form of providing additional labor and equipment, digging out base course asphalt in areas that would not hold up to the paving equipment, and laying the asphalt material in two lifts on the last two streets. Orion is required to provide a finished asphalt roadway with a smooth riding surface. That has not been done. Therefore, Orion must repave the areas that are unacceptable. Generally the areas that are unacceptable are areas where Orion chose to place a single 4" deep -lift of asphalt, rather than a 2 -1/2" base lift (Bid Item 7) followed by a 1 -1/2" surface course (Bid Item 8). Also, in October 2004, Orion chose to completely remove the old asphalt on Evening Canyon Road immediately prior to a forecasted severe rainstorm thereby causing problems with wet subgrade and the reconstruction of the roadway. The asphalt pavinq on approximately 50,000 scuare feet of streets as shown on Attachment A muss be cold milled and a new 1 -1/2 inch asphalt surface course constructed in order to provide a smooth ridinq surface. This work shall be completed by March 15, 2005. Please provide a schedule for your completion of this item by February 24, 2005. Sincerely, Bill Patapoff City Engineer Attachments: Map of Street Areas Requiring Grinding and New Asphalt Surface Course Orion letter dated February 10, 2005 c: Steve Badum, Public Works Director R. Gunter, Construction Engineer Rob Masters, Senior PW Inspector Steve Luy, Project Manager Frank Tran, Project Engineer Robin Clauson, City Attorney Maggie O'Conner, CNA Surety, 2355 East Camelback Road, Suite 500, Phoenix, AZ 85016 Fax: 602 - 212 -3352; Bond No. 58619645 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 • www.city.newport- beach.ca.us