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HomeMy WebLinkAbout19 - 2007-08 Sidewalk Curb and Gutter ReplacementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Project Engineer 949 - 644 -3330 or sluy @city.newport- beach.ca.us .SUBJECT: 2007 -2008 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3974 Recommendations: 1. Accept the completed 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 March 11, 2008, the City Council authorized the award of 2007 -2008 Sidewalk, Curb & Gutter Replacement Program to Olivas Valdez, Inc. ( Olivas). The contract provided for the reconstructing existing concrete sidewalks, curbs and gutters, cross gutters, driveway approaches, access ramps, and median stamped concrete; removing and pruning offending tree roots; and installing new tree root barriers per City Standards. The contract has now been completed. City staff had a very difficult time working with Olivas to induce it to complete the work. As an example, on July 16, 2008, Olivas had to be instructed to return to work when it did not return from an excused absence at the agreed upon time. (See attached letter.) When Olivas finally did return, Olivas did not provide an adequate number of workers to perform the work and the project began to fall behind schedule. Of higher concern was the very high number of complaints (over 50) the City received from residents regarding damage to private improvements or repairs that were not satisfactorily performed. Examples of problems include: 2007 -2008 Sidewalk, Curb & Gutter Replacement Program - Completion and Acceptance of Contract No. 3974 January 13, 2009 Page 2 • On April 25, 2008, Olivas cut a water supply line at 2309 Fairhill Drive and failed to flush the system after being instructed to make repairs. The water supply system throughout the house was contaminated with sediment. A plumber had to be called to flush the system and clean all appliance filters. Olivas reimbursed the plumber. • On May 8, 2008, the property owner at 2247 Donnie Road reported that Olivas had damaged a hedge and left concrete debris on the property. Olivas failed to respond and a claim for damages was filed with the City on July 25, 2008. The City paid the claim (Claim 1) and deducted an amount of $1,634.07 from the Contractor's retention. • On August 20, 2008, the property owner at 1716 Santiago Drive complained that the irrigation system had been damaged and had not been repaired even though the sidewalk work had been completed two weeks prior. The City had to call an independent plumber to make the repairs. Olivas reimbursed the.plumber.. • Olivas failed to make adequate repairs to the irrigation system at 1814 Toyon Lane. The City gave the property owners permission to make the repairs and to bill the project. The cost of this claim (Claim 2) was $1,415.45 which has been deducted from the contract value. Given that City Staff was spending an extraordinary amount of time and effort inspecting this project (approximately three times normal), responding to property owner complaints, and holding meetings with Olivas to find ways to improve project progress and reduce the level of community complaints, City staff elected to remove a major portion of the median island work from the contract (estimated cost of $36,121) in order to bring this contract to a close. The need for City Staff to spend the extra effort to assist Olivas in performing its contractual tasks was surprising as this sidewalk and concrete replacement project was not an atypical sidewalk replacement project and there were no unusual field conditions. While all completed work met City standards, the overall performance of this contractor was unsatisfactory and Staff cannot recommend Olivas for any future work in the City. Budget Review: Significantly larger quantities of curb & gutter (+ 776 LF), cross - gutters ( +2,938 SF), driveway approaches ( +3,268 SF) and curb access ramps ( +6 Each) were constructed. Increased cost for these items were partially compensated by removing a large amount of the median work from the project. With these changes in quantities, the actual cost of bid items constructed exceeded the bid amount by about $31,769. There were five approved change orders and one pending change order totaling $5,106.32: 2007 -2008 sidewalk, Curb & Gutter Replacement Program - Completion and Acceptance of Contract No. 3974 January 13, 2009 Page 3 1 Additional asphalt patching $4,992.90 2 Reconciliation Change Orders for the Overruns /Underruns 820.50 3 Additional asphalt patching 1,020.00 4 Additional work: sawcuts, plant grass 2,757.85 5 Deductions for sprinkler repairs by others (1,435.41) 6 Deduction for outstanding claims (pending) (3,049.52 Total $5,106.32 As the City has had to pay for two claims including processing fees in the amount of $3,049.52, this amount will be credited to the City as a negative change order yet to be processed. The final amount to be paid Olivas is: Original bid amount: $736,133.50 Actual cost of bid items constructed: 767,902.50 Total amount of approved change orders (1 -5): 8,1,55.84 Final change order (6) for claims deduction: 3049.52 Final contract cost: $773,008.82 The final overall construction cost including Change Orders is $773,008.82 which is 5 percent over the original bid amount. In addition to the primary construction contract, there were project expenses for material testing, printing and incidental costs: Construction $773,008.82 Surveying 7,640.00 Repairs on Private Property 4,943.52 Printing and Incidentals 178.43 Contract Inspection 2.607.70 Total Project Cost $788,378.47 A summary of the project schedule is as follows: Estimated completion date per June '08 schedule 12/05/08 Project awarded for construction 03/11/08 Notice to Proceed 04/14/08 Original completion date 07129/08 Revised completion date based on approved 09/12/08 additional work and approved shut.down Actual substantial construction completion date: 09112/08 The originally scheduled completion date was July 29, 2008. All work (excluding the median work which was removed from the contract) was substantially completed on September 12, 2008. Due to deficiencies in the certified payroll, the Economic Development Coordinator did.not approve closeout of the project until December 10, 2008. 2007 -2008 Sidewalk, Curb & Gutter Replacement Program - Completion and Acceptance of Contract No. 3974 January 13, 2009 Page 4 Environmental Review: This project was categorically exempt from the provisions of CEQA per Section 15301(c), since the project consists of making repairs to existing sidewalks and other improvements that do not expand their current use. A Notice of Exemption was filed with the County Clerk. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction informational notices were distributed by the contractor to residents and businesses within the Work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. Funding Availability: Funds for the construction project were expended from the following accounts: Account Description General Fund CDBG ADA Ramps CDBG Sidewalks General Fund Medians Prepared by: FOn- Steph L y Project Engineer Attachments: 1. City Return to Work Letter 2. Kawamura Claim 3. Calder Claim Account Number 7013- C5100020 7161- C5100549 7161- C5100020 7013- C2001008 Total: Amount $ 488,011.16 $ 101,700.00 $ 78,297.66 $ 105,000.00 $ 773,008.82 Stephen G. Badum Public Works Director CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director July 16, 2008 BY FACSIMILE: (909) 574 -0556 Olivas Valdez Inc. P.O. Box 4079 Rancho Cucamonga, CA91729 Attn: Robert Valdez Subject: 2007 -2008 Sidewalk, Curb & Gutter Replacement Program Contract No. 3974; NOTICE TO RESUME CONSTRUCTION Dear Sir: During the last week of May 2008, you verbally requested a postponement of the 2007- 2008 Sidewalk, Curb & Gutter Replacement Program to work on a project in another city that had to be completed by the end of June. The City granted that request and on June 20, 2008 you stopped work and proceeded to the other project. As of today, July 16, 2008, after repeated written and verbal requests we have yet to receive a firm commitment as to the date your forces will return to complete the 2007 -2008 Sidewalk, Curb & Gutter Replacement Program. You are hereby notified that your contract time will resume on July 21, 2008. Per the Special Provisions 75 working days were allowed to fully complete all work of which 27 working days remain. Therefore the new project end date is August 26, 2008. Please be reminded that if you are delayed in completing the work for any of the reasons stated in the Contract Documents, you are required to notify the City Engineer in writing, explaining the Causes of delay, and a determination will be made for any allowable time extension. In addition, if you do not complete the work within the time allowed, $500.00 in liquidated damages per calendar day will be assessed per the Contract Documents. If work does not begin in a timely manner, you -will be considered to be in abandonment of the project and the City shall take the appropriate action to complete the project. If you have any questions, please call the Project Engineer, Stephen Luy, at 949 -644- 3330. - Sincerely 9 Dave Webb Deputy City Engineer cc: Frank Martin, Construction Inspector Bob Stein, Deputy City 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 Luy, Steve From: Reed, Mike (mreed @carlwarren.com) Sent: Thursday, December 18, 2008 3:51 PM To: Farley, Lauren; Luy, Steve Cc: Stein, Robert, Mullen, Larry; Anderson, Cheryl Subject: RE: 07 -08 Sidewalk Project, C -3974 Just got back to my computer from yesterday ... In our system I see: Carl Warren Invoices -- $617.17 Amount of Claim 885.00 not vet paid out — efforts made to transfer to the Contractor - Olivas Valdez lnc.- message left today and second letter sent Total $1,502.17 (Lauren's figure probably closer to correct adding time yet to be billed (1.9 hours) — CITY OF NEWPORT BEACH / / PUBLIC WORKS DEPARTMENT F o. Stephen G. Badum, Director November 19, 2008 BY FACSIMILE: (909) 674 -0556 Olivas Valdez Inc. P.O. Box 4079 Rancho Cucamonga, CA 91729 Attn: Francisco Olivas, P.E. Subject: 2007 -2008 Sidewalk, Curb & Gutter Replacement Program Contract No. 3974; NOTICE OF REQUEST FOR REIMBURSEMENT. Dear Sir: The City has received the attached letter from Scott and Jane Calder of 1814 Toyon Lane regarding damage to their property related to Contract No. 3974. You are hereby notified that you may resolve this issue directly through the property owner by reimbursing them for the repair costs or the City will deduct the costs of the repair from your final payment. If the issue is not resolved .within 10 working days the repair costs will be deducted from your contract. If you have any questions, please call the Project Engineer, Stephen Luy, at 949- 644 -3330. Sin rely, Robert ein Deputy City Engineer cc: Frank Martin, Mark Puglisi, File 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 SCOTT AND JANE CALDER 1814 Toyon Lane Newport Beach, CA 92660 October 26, 2008 Dear Mr. Stein, This letter is a response to your letter of September 25, 2008. First, our apologies for the delay in sending_ ourresponse. Since we received your letter, we hmcAkem, out of t. bit and otherwise occupied in town. I'm sure you can understand that, as your letter of September 25th was six weeks after we submitted to you, a copy of a paid invoice for the repairs necessary to undo the damage done by the "contractor" who ruined our sprinkler system and grass area curbside and above the sidewalk. As best as we can. remember, someone showed up at the end of June telling us that the city was going to replace the sidewalk in front of our home: We were not told when or Who was going to do the replacement work. Several people showed up a week or so later and dug up the sidewalk; .the sprinkler system and about 8 inches of grass on each side of thesidewalL The broken sprinklers andthe "clods':' -o€ grass,were.dumped all along the. remaining grass.: It was a MESS. We were told that the sprinklers would have to be broken to complete the necessary sidewalk installment and that the pew sprinklers would be THE SAME QUALITY as those removed. This simply was NOT TRUE. We turned the automatic sprinklers off as the exposed area FLOODED MUD all down. the dug up area We were told by the "contractor" that he would be in the hospital for a few days and would complete the job the. following week ... HEAT WAVE for the next five days, hand watering, and no one showed up to clean up, repair, replace or anything. Fortunately, we were in town during this time to hand water. If not.the ENTIRE FRONT yard would have died and thus, would have had to, be replaced as well! We decided to clean up the mess as best we could. The dug up grass was dead. We disposed of it. The sprinklers which had been remove d:were WORTHLESS, totally ruined, so they were also disposed of. We shoveled the mud, back to the formerly,grassy areas and waited for help. The next week, a crew showed up to pour ,the .new sidewalk.. ,After they finished and it was dry, they removed the "wood frames". surrounding the sidewalk and threw them in the street (gutter).:They;lcf% . The frontyard was still,a MESS.:No sprinklers, dead.- grass, and "jimV all, over the place were jeft by the "contractor". ?.t this time I.cAalled the city. and.was given the: name and.phone number of Frank-Martin. I got in touch with him and he came out to. see what my complaints were. I apologized for being really upset, and he said, "YOUR COMPLAINTS ARE MILD COMPARED TO WHAT OTHERS HAVE SAID ABOUT THE SAME "CONTRACTOR". Frank Martin told me to contact my own landscaper and have the yard put back together. He really could NOT believe the mess. We talked for about a half an hour, and decided to give the city "contractor" one more chance to fix the yard. This was a BIG MISTAKE. One worker showed up a day or so .later and worked all day "trying" to install new sprinklers. He was here from 8 or 9 am until 6 pm. The "contractor" showed up and was a bit surprised to see that only a few sprinklers had been replaced. Both he and the worker showed up the next day and worked at least until 6 pm. We went out to dinner at that time, and they were gone when we returned at 8 pm. The sprinklers DID NOT work. They leaked HORRIBLY on the sidewalk, or they missed the grass completely in other areas and sprayed the street. The sprinklers were either put in too deeply or to close to the surface. It was a complete mess with MUD everywhere. Again, Frank Martin said to call our landscaper. We did and you have his invoice. Enclosed with this letter is his letter explaining what his crew did. Obviously we cannot answer all of your questions, as we are not in the landscape business, and more importantly, we did not think we would have to have a written timeline of what the city "contractor" was going to do. We assumed, mistakenly, that the job would be first rate and comparable to what we had. We were told that the same quality of product that was removed would be replaced. As stated before, it was NOT. Inferior materials were used and to add insult to injury, the installation work, at best, would be described as substandard. Frank Martin was the only shining light in our experience with the "new sidewalk" project. He understood our complaints and did his best to assure us that our requests would be taken care of Should you have any questions, please feel free to contact us. In the interest of time, we would appreciate your response be sent by email to janebcaldera yahoo.com. Thank you for your attention to this matter. R gards, n - and Scott Calder l/ 1814 Toyon Lane Newport Beach, CA 92660 949- 631 -0999 encls: Foster bill and letter explaining work completed Fosters' Gardens, Inc. 113 Monte Vista Avenue Costa Mesa, CA 92627 -1339 Phone#: 949 -631 -6340 Fax#: 949 -631 -2315 CALDER, SCOTT & JANE 1814 TOYON LANE NEWPORT BEACH, CA 92660 r � OIC Invoice Number: 17427 Invoice Date: Aug 6, 2008 Page: 1 ro ec_ CALDER, SCOTT & JANE 1814TOYON LANE NEWPORT BEACH, CA 92660 erZD ..; otRt� �_ PaymerMTerms CALDER 1.Q0 Net25Days Sales Rep q>t)g'1Nefhod- " Ship w. Dale Due Date 43.00 516.00 1.00 8/31108 Quantity C)esc�p Unrt;Price. Amount 1.Q0 IRRIGATION MATERIALS (NEW LINES, HEADS & CONNECTIONS) 295.00 ' 295.00 12.00 LABOR: SEE EXPLANATION #1 43.00 516.00 1.00 SOD 210.00 210.00 7.50 i LABOR: SEE EXPLANATION 92 43.00 322.501 1.001 SPRINKLER HEAD 10.50 10.501 0.50 I- LABOR: SEE EXPLANATION #3 43.00 21.50'1 LABOR DUE TO DAMAGE DONE 13Y CITY DURING REPAIR OF CITY SIDEWALK. EXPLANATIONS: #1. TRENCH & PREPARE SOIL FOR NEW IRRIGATION HEADS & LINES DUE TO CITY DAMAGE (2 TECHS X 6 HRS=12 HRS). WORK PERFORMED 7118!08 AND 7/22108. #2. PREPARE SOIL AND GRADING FOR NEW SOD, INSTALL SOD & WATER (3 TECHS X 2.5 HRS =7.5 HRS).. WORK PERFORMED 7125108.. #3. CHECK FRONT IRRIGATION WHERE GRASS WAS REPLACED. FOSTERS' GARDENS UNABLE TO CHECK & RUN ON 7125108 DUE TO HOMEOWNER'S GARDENERS SERVICING RESIDENCE. REPLACED (1) SPRINKLER HEAD (1 TECH 112 HR). WORK PERFORMED 7/29108. Subtotal THANK YOU! Sales Tax Freight Total Invoice Amount 1.5% late fee on past due invoice(s) 1,415.45 _..,: 1~4.15:45 , .Oct 09 08 02:37p S & C Foster 949 - 715 -1850 9ostEZ3 J Oaac[sn -., Jn 113 Monte Vista Avenue Costa Mesa, CA 92627 -1339 (949) 631 -6340 Fax (949) 631 -2315 October 9, 2008 (2:10 pm) Mr. & Mrs. Scott Calder 1814 Toyon Lane Newport Beach, CA 92660 RE: Irrigation & Sod Repairs Dear Jane, VIA FAX: (949) 6314141 (2) Pages P. 1 In response to,your October 7"' tax and our follow up phone conversation, 1 am putting in writing the scope of work required to restore your irrigation and lawn areas back to the beautiful condition they had been in prior to the City's sidewalk replacement construction. Jane, you contacted Fosters' Gardens to perform the following work: 1. Assess and repair irrigation in sidewalk area 2_ Regrade soil to proper height 3. Install new grass (sod) 4. Check and run irrigation for proper coverage After we had evaluated the job site, we found that the City's irrigation repairs were inferior to the original irrigation we had installed, when we had m4arldscaped for You a few years ago. The actual irrigation repairs entailed approximately 60 feet of rework on each side of the sidewalk. We installed new tines and new double swing connectors to minimize any chance of sprinkler heads being broken by top or side impacts. We also installed new sprinkler bodies & nozzles (16 — 4" popAips). The ones that had been installed by the City were 3" and inadequate to properly cover the grass- We removed the irrigation parts installed by the City and returned them to you for your inspection. After we installed the proper piping and sprinkler heads, we had to regrade the soil in preparation for installation of the new sod. I am sure that one reason for the additional Fosters' Gardens (abort ime spend on the job site was the same reason the sidewalk had to be replaced by the City. There were very cumbersome large tree roots that came into play with reworking the irrigation and regrading of the soil. Oct 09 00 02:37p S C Foster r.51 949-715 -iU U fl. I Jane, I know you were there and as always Fosters' Gardens technicians would check in with you whenever we were on site doing our work We also pride ourselves in properly scheduling with our clients, so that we one always on site on the proper daysitmes- If I can be of any further assistance to you or Scott, just give me a WIL Sincerely, Steven W. Foster President SVVF.Cff