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HomeMy WebLinkAbout04 - C-3279 Irvine Avenue MediansCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. a March 11, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Associate Civil Engineer 949 - 644 -3340 ftse@city.newport-beach.ca.us SUBJECT: IRVINE AVENUE MEDIANS, CONTRACT NO. 3279 —COMPLETION AND ACCEPTANCE 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 11, 2002, the City Council authorized the award of contract for the Irvine Avenue Median Improvements from Westcliff Drive to Dover Drive to Southland Construction of Anaheim, California. This project was cooperatively funded with the City of Costa Mesa. The contract provided for the construction of stamped median concrete, 2 -foot high masonry slough walls along the length of the medians, and the installation of moisture barrier, mulch, shrubs, and an irrigation system. In addition, minor PCC sidewalk, curb and gutter were reconstructed, and tree roots pruned at select locations within two blocks of Francisco Drive. The construction portion of the contract has now been completed to the satisfaction of the staff. However, some of the work to complete this project was performed by the General Services Department due to the contractors inability to complete the work. Since the start of construction, extraordinary efforts were required of Public Works and General Services staff to ensure Southland Construction followed proper safety and SUBJECT: Irvine Avenue Medians, Contract No. 3279 - Completion And Acceptance March 11, 2003 Page 2 construction practices. In addition, on numerous occasions the City of Costa Mesa and the Newport-Mesa Unified School District staff expressed their dissatisfaction with the manner that Southland executed the construction work. Some of the problems encountered by City staff throughout the project duration included: • Marginal work quality requiring extensive daily staff inspection and interventions. • Refusal to promptly correct deficiencies. • Refusal to apply for and obtain the necessary City of Costa Mesa encroachment permit. • Disregard of City Stop Work Directives and continued work without proper insurance coverage. • Disregard of City Directives to vacate the Mariners Elementary School parking lot and the Constellation Drive street end staging areas. • Unauthorized weekend work without proper traffic and construction zone controls. • Inability to properly care for the newly planted landscaping to the extent that City forces had to take charge of the new improvements. A summary of the contract cost, including deductive adjustments, is as follows: Original bid amount: $189,100.00 Actual amount of bid items constructed: $181,756.00 Total amount of change orders: $22,019.83 Final contract cost: $203,775.83 The increase in bid item work quantities and the extra work constructed over the original bid amount were due to unforeseen changed field conditions. However, these extra costs were offset by approximately $9,500 of payment deductions made against the marginal work quality of the colored stamped concrete and the planted shrubs and the plant establishment and maintenance bid item deletion. As a result, the net final overall construction cost including change orders was 7.76 percent over the original bid amount. A total of five change orders were issued to complete the project. They ware: 1. A change order in the amount of $8,410.00 provided for the additional pruning of seventy -nine tree roots; the removal and disposition of excess native materials and buried interfering debris in the median; and the replacement of fourteen electrical pull boxes. 2. A change order in the amount of $6,658.83 provided for the irrigation system water service lateral and flow sensor cabling installation at an alternate location. 3. A change order in the amount of $3,960.00 provided for the installation of electrical service connection for the irrigation system at an alternate location. SUBJECT: Irvine Avenue Medians, Contract No. 3279 -completion And Acceptance March 11, 2003 Page 3 4. No cost 20 -day time extension due to the delayed availability of Southern California Edison power supply. 5. A change order in the amount of $2,991.00 provided for the cost differential in upgrading the backfiow preventer enclosure material to stainless steel; the installation of additional irrigation laterals and sprinkler heads within the medians; and a 4 -day no cost time extension for the extra work. Funds for the project were expended from the following accounts: Description Circulation and Transportation Contributions (from City of Costa Mesa) Account No. Amount 7261- C5100488 $118,775.83 7251- C5100488 $ 85,000.00 TOTAL $203,775.83 With the change order time extensions, all construction work was substantially completed on October 17, 2002. Due to Southland's continued difficulty with proper landscape maintenance, Public Works staff with the support of the General Services Department decided to delete the Plant Establishment and Maintenance bid item from the contract and perform the remaining maintenance using City forces. The City of Newport Beach and the City of Costa Mesa will equally share the cost for landscape maintenance of these medians. The City of Newport Beach will perform the maintenance and will invoice the City of Costa Mesa for their prorata share on an annual basis. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the beautification of the existing median landscaping and hardscapes and did not impact any environmental resources. Pre d Fov se Associate Civil Engineer Submitted b G. Badum `_�Po c Works Director Attachments: Various Public Works Department Deficiency Notifications to Southland Construction CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 8/14/02 FAX NUMBER: 714 - 535 -1478 COMPANY: Southland Construction ATTENTION OF: Ray Mohamed! SUBJECT: Irvine Ave Median Improvements, C -3279 FROM: Gunther FAXED BY: PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: The School District contacted us today. They said that they have written to Southland twice to have Southlands equipment and materials removed from their parking lot, but with no response from Southland. Your equipment and materials must be removed from the school parking lot by the end of the day Friday, August 16, 2002. No work is to be done by Southland after this date if the materials and equipment is not removed. Any damage to the parking lot must be repaired by Friday, August 23, 2002. Cc: Nick, Fong, Bill, Randy Kearns Erik Jetta, School District Please Notify Sender If Transmission Is Incomplete. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 8/22/02 COMPANY: Southland Construction ATTENTION OF: Ray Mohamedi FAX NUMBER: 714 - 535 -1478 SUBJECT: Irvine Ave Median Improvements, C -3279 FROM: Gunther PHONE NUMBER: (949) 644 -3311 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: FAXED BY: FAX NUMBER: (949) 644 -3318 Reminder - Per my letter of August 14, Southland was to have all their equipment out of the school parking lot by Friday, August 16. There are still Southland materials and vehicles in the parking lot. These must be removed. Work will be suspended on Monday August 26 if the parking lot is not vacated and repaired of any contractor damage. Please Notify Sender If Transmission Is Incomplete. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 DATE: 10117102 Project File FAX COVER SHEET FAX NUMBER: & Mail COMPANY: Southland Construction 211 S. State College Blvd., B1, #311 Anaheim, Ca. 92806 ATTENTION OF: Ray Mohamedi SUBJECT: Irvine Ave Median Improvements, C -3279 1 FROM: R. Gunther FAXED BY: 714- 535 -1478 dCj 17 2002 PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: Your crews were working on the project on Saturday and Sunday of the last weekend. Per Section 6 -7.4 of the Special Provisions of your contract, no work is allowed on weekends without written permission from the City. Any unauthorized work activities on the weekend will be shut down by City police. Also, your crews were violating safety and contractual requirements, including, - Traffic control was inadequate and a safety hazard, - and in violation of the WATCH manual. The lane closure taper was of insufficient length and there was no arrowboard. - Water pollution control requirements were violated. Workers power- washed the brick pavers and allowed the materials to drain into the gutters and storm drains. Water pollution control regulations and specifically Section 7 -8.6 "Water Pollution Control' of the Special Provision of your contract, requires that such surface runoff water be treated by filtration or retention in settling basins. Cc: S. Badum, B, Patapoff, M. Puglisi, F. Tse, M. Lomelli Please Notify Sender If Transmission Is Incomplete. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 10117102 FAX NUMBER: & Mail COMPANY: Southland Construction 211 S. State College Blvd., B1, #311 Anaheim, Ca. 92806 ATTENTION OF: Ray Mohamedi SUBJECT: Irvine Ave Median Improvements, C -3279 STOP WORK NOTICE FROM: R. Gunther f- . FAXED BY: PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 714 - 535 -1478 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: Your General Liability insurance has expired, therefore all work on the project must stop effective today October 17, 2002. No workers will be allowed on the site. We have contacted your insurance company and have attempted to contact you regarding this matter since Monday October, 14. No work may proceed until proper insurance documents are received and approved by the City. Please contact Shari Rooks of this office at 949 - 644 -3311 in order to submit the appropriate documents. Cc: S. Badum, B, Patapoff, M. Puglisi, L. Thompson, M. Lomelli Please Notify Sender If Transmission Is Incomplete. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 11/05/02 FAX NUMBER: & Mail COMPANY: Southland Construction 211 S. State College Blvd., B1, #311 Anaheim, Ca. 92806 ATTENTION OF: Ray Mohamedi SUBJECT: Irvine Ave Median Improvements, C -3279 2"d - STOP WORK NOTICE FROM: R. Gunther PHONE NUMBER: (949) 644 -3311 NUMBER OF PAGES INCLUDING COVER SHEET: 1 COMMENTS: ly_1t:441111 714 - 535 -1478 FAX NUMBER: (949) 6443318 As noted in our letter of October 17, 2002, no work was to proceed until proper insurance documents are received and approved by the City. The original insurance endorsements have not been received and therefore your insurance has not been approved. Therefore, no work is allowed on the site. Cc: S. Badum, B, Patapoff, M. Puglisi, L. Thompson, M. Lomelli Please Notify Sender If Transmission is Incomplete. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949)644 -3311 November 5, 2002 Ray Mohamedi FAX: 714- 535 -1478 Southland Construction 211 S. State College Blvd., #311 Anaheim, CA 92806 Subject: Irvine Avenue Median Improvements, (C -3279) 5 Day Notice to Cure Dear Mr. Mohamedi: The City has informed your firm several times, including in our letter of October 17, 2002, that your insurance had expired and that you needed to provide proper insurance documentation to the City. As of this date the original insurance certificate endorsements still have not been delivered to the City for either the liability or the auto coverage. Southland Construction is required to comply with the contract agreement, which includes the requirement of the contractor to, "furnish City with certificates of insurance and with original endorsements effecting coverage required by this contract." Per Section 6-4 of the Greenbook Specifications, this letter serves as a 5 Day Notice to Cure. Southland Construction must provide the original document endorsements within five days or the City will take over the completion and maintenance of the work. These documents must be received in our office by 5 p.m. on Wednesday, November 13, 2002. Sincerely, Ste_v Public Works Director I :IUSERSIPB1MShared\Contracts\FY 01- 0211RVINE AVE MEDIAN IMPROVEMENTS. wESTCLIFF TO DOVER C- 32791Cure Notice- 11.5.doc CITY OF NEWPORT BEAC PUBLIC WORKS DEPARTMENT P.O. BOX 1768 / Z007 < ,,OV NEWPORT BEACH, CA 92658 -8915 1 i FAX COVER SHEET DATE: 11/18/02 FAX NUMBER: & Mail COMPANY: Southland Construction 211 S. State College Blvd., B1, #311 Anaheim, Ca. 92806 ATTENTION OF: Ray Mohamed! SUBJECT: Irvine Ave Median Improvements, C -3279 Storage Area on Constellation Drive FROM: R. Gunther FAXED BY: PHONE NUMBER: (949) 644 -3311 NUMBER OF PAGES INCLUDING COVER SHEET: ;T COMMENTS: 714 - 535 -1478 FAX NUMBER: (949) 644 -3318 All materials and equipment must be removed from Constellation Drive by 3 pm, Thursday November 21, 2002. Cc: B, Patapoff, M. Puglisi, M. Lomelli, F. Tse Please Notify Sender If Transmission Is Incomplete.