HomeMy WebLinkAbout09 - Civic Center Park Pathway Replacement — NOC for Contract No. 7879-1 (21P12)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
October 12, 2021
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Tom Sandefur, Assistant City Engineer,
tsandefur@newportbeachca.gov
PHONE: 949-644-3321
TITLE: Civic Center Park Pathway Replacement — Notice of Completion for
Contract No. 7879-1 (21 P12)
ABSTRACT:
On September 22, 2020, the City Council awarded Contract No. 7879-1 for the Civic
Center Park Pathway Replacement Project to Civic Construction Associates (CCA). The
project replaced the deteriorating natural pathways throughout the sculpture garden at
Civic Center Park. The work is now complete and staff requests City Council acceptance
and close out of the contract.
RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion
for the project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the
Notice of Completion has been recorded in accordance with applicable portions of
Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
DISCUSSION:
Overall Contract Cost/Time Summary
Awarded
Final Cost at
Contingency
Actual
% Due to
% Due to
Contract Amount
Completion
Allowance
Contract
Directed
Unforeseen
Change
Change
Change
$155,000
$149,845
10% or less
+0%
3.33%
0%
Allowed Contract Time +
44
Actual Time
+55
Approved Extensions (days) =
Under (-) or Over (+)
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Civic Center Park Pathway Replacement — Notice of Completion of Contract No. 7879-1
October 12, 2021
Page 2
The Civic Center Park Pathway Replacement Project (Contract No. 7879-1) replaced the
natural pathway that winds through the sculpture garden north of the Civic Center. The
existing path was showing advanced deterioration and material failure and had been
patched in several areas over the past eight years. The existing epoxy -based pathway
material is no longer available and a new, natural -looking material was chosen that
provides the look and feel of a natural path.
The contracted work has now been completed. A summary of the construction cost is as
follows:
Original bid amount: $155,000
Actual Cost of Bid Items Constructed: $155,000
Back -charged cost of work done by City forces: ($5,155)
Final Contract Cost: $149,845
While the natural path replacement project has now been completed, it experienced
significant delays and quality issues associated with the contractor, CCA. After the Notice
to Proceed was issued, CCA failed to report to the worksite and begin work per their
contract obligations. Per the contract documents, the City of Newport Beach (City) filed a
Notice of Default and Demand to Cure with the contractor and contractor's surety to force
the contractor to begin work. CCA responded to the notices satisfactorily and began
removing the existing pathway.
As CCA removed the existing pathway and started the grading of the subsurface for the
new material, an issue arose with the general public regularly disregarding the installed
closure and detour signs, and pedestrian safety measures, often tearing down
construction tape and moving barricades to access the pathway at all hours, day and
night. Staff identified this issue and tried to have the contractor expedite the schedule so
that that the new pathway was installed as quickly as possible to provide safe passage
for the pedestrians continuously using the park.
During pathway reconstruction, further contractor performance issues began to arise as
the contractor's supervisor regularly failed to be present at the worksite, without
explanation. City construction inspectors consistently required CCA to make adjustments
to its installation procedures to correct deficiencies. At several locations, the final work
product was deemed unacceptable, and the City required full replacement.
CCA failed to maintain an acceptable level of communication throughout the project.
Phone calls and emails were often ignored and requests that the contractor set up their
voicemail system were unheeded.
One change order totaling -$5,155 in decreased contract cost was approved as part of
the project. These costs were back -charged to the contractor for work done by the City's
forces to correct issues with the job. In particular, the City was required to remove spoils
and leftover construction material that CCA left on-site, uncovered. The City was also
required to rehabilitate portions of the landscaping and to restripe the crosswalk which
was damaged by the work.
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Civic Center Park Pathway Replacement — Notice of Completion of Contract No. 7879-1
October 12, 2021
Page 3
CCA incurred code enforcement fines for uncovered and uncontained construction
materials after being repeatedly warned about these violations.
While the final installation of the path is determined to be safe and provide a natural -
looking and acceptable walking surface, several areas of variation in the surface texture
and material coloration are apparent. CCA was required to use a small grinding machine
to re -level portions of the pathway to smooth out surface deviations. Staff consulted with
the material provider and it is the supplier's opinion that the color variation will fade and
better blend in over time, with weathering and the continued use of the path.
The contractor disputes that there is any issue with the installation and claims that all
problems are related to the material supplied. The material supplier points to any of these
quality concerns as associated with installation and workmanship.
Based on the replacement sections, there is a noticeable color variation that occurs with
different batch installs. Further removal operations to address color and surface
imperfection may destabilize and damage otherwise acceptable portions of the pathway,
resulting in additional areas of removal. Therefore, staff recommends filing for project
completion and monitoring the pathway through the warranty period. Any further required
replacements of the pathway in this period will either be completed by CCA or through its
bonding and surety.
A summary of the project schedule is as follows:
Actual Start of Construction Per Notice to Proceed April 5, 2021
Extended Contract Completion Date Inclusive of Extra Work May 24, 2021
Actual Substantial Construction Completion Date August 20, 2021
FISCAL IMPACT:
Funding for this project was provided from a $500,000 Local Assistance Specified Grant
appropriated in the State of California's FY 2019-20 budget, which was also designated
for the Civic Center Park Sculpture Exhibition Phases V and VI. Funds for the
construction contract and work done by City forces were expended from the following
account:
Account Description
Contributions
ENVIRONMENTAL REVIEW:
Account Number Amount
13501-980000-21P12 $ 155,000
Total: $ 155,000
On September 22, 2020, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301(d), (restoration of
deteriorated or damaged existing facility) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
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Civic Center Park Pathway Replacement — Notice of Completion of Contract No. 7879-1
October 12, 2021
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Location Map
■
Attachment A
LEGEND
® PATHWAY REPLACEMENT
CIVIC CENTER PATHWAY REPLACEMENT
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
07/08/20
C-7879-1
B -5289-S
SHEET
1 OF 1
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