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Home My WebLink About09 - Sidewalk, Curb and Gutter Replacement0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 March 23, 2004 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: SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM (FY2003 -2004) — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3529 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 September 9, 2003, the City Council authorized the award of the Sidewalk, Curb and Gutter Replacement Program (FY 2003 -2004) contract to Ranco Corporation: The contract provided for the removal of existing curb, gutter, sidewalk, driveway approaches, curb access ramps, root pruning trees, constructing new PCC curb, gutter, sidewalk, driveway approaches, curb access ramps per City standards and ADA requirements, and other incidental items of work. The majority of the work was in the Corona Del Mar area. The contract has now been completed. However, the following issues were of major concern during the project: An extreme amount of effort on the part of the Public Works Department and General Services Department was required to keep the contractor on schedule and to perform satisfactory work. SUBJECT: Sidewalk, Curb and Gutter Replacement Program FY 2003 -2004 - Completion And Acceptance of Contract No. 3629 March 23, 2004 Page 2 - The contractor caused excessive damage to private property, such as broken irrigation lines, and did not make timely repairs. Many repairs were not made until weeks or even more than a month after the damage occurred and only after the constant persistence of the Public Works Inspector and numerous phone calls from residents. - The contractor violated Water Quality Regulations by allowing materials, including concrete, to enter the public storm drains. They were warned a number of times and were eventually cited and fined by the City's Water Quality Enforcement staff (citation attached). - The contractor made an unsafe and unauthorized lane closure by blocking traffic with a concrete truck on Iris Avenue at its intersection with Coast Highway. A City building official noticed and warned the contractor of the unsafe condition, but the contractor only responded in a belligerent manner. The contractor was subsequently given a citation by the Police Department for the unauthorized lane closure. - The contractor often left the work site in unsafe conditions which presented hazards to the public. - The contractor failed to complete the project on time due to lack of a sufficient workforce. For at least 20 working days during the project there was no workforce on site. - The contractor was given two written notices of potential contractor default for failure to supply sufficient workforce (January 12, 2004 letter attached). - The contractor was charged $5,000.00 in liquidated damages for failure to complete the project on time. - Due to the poor performance of the contractor, the root barriers, requested to be added to the project by the Council, were not completed with this contract. Instead they will be installed at a later date by the General Services Parks Maintenance Division through their contractor, WCA, as part of their maintenance program. A summary of the contract cost is as follows: Original bid amount: $205,581.00 Actual amount of bid items constructed: $199,883.00 Total amount of change orders: $0.00 Liquidated Damages; 10 days at $500.00 1day - $5,000.00 Final contract cost: $194,883.00 The decrease in the actual bid items constructed under the original bid amount was based on as -built quantity measurements. The final overall construction cost including Change Orders and liquidated damages was 5.2 percent under the original bid amount. One no cost time extension Change Order was issued for the project. SUBJECT: Sidewalk, Curb and Gutter Replacement Program FY 2003 -2004 -Completion And Acceptance of Contract No. 3629 March 23, 2004 Page 3 0 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 included reconstruction of sidewalks, curb and gutter, curb access ramps, and root pruning and did not impact any environmental resources. Funding Availability: Funds for the project were expended from the following accounts: Account Description Account Number Amount General Fund 7013- C5100020 $94,883.00 CDBG 7161- C5100549 $50,000.00 Concrete Materials 3130 -8239 $50,000.00 Total: $194,883.00 The original contract completion date was January 5, 2004. Due to rain days and Change Order the contract was extended to January 31, 2004. Work was substantially • complete by February 11, 2004. All major punch list items were completed by March 9, 2004. Prepared by: R. Gunt er, P.E. Construction Engineer Submitted >Ohen G. Badum blic Works Director Attachment: Citation, Code and Water Quality Enforcement Letter of Potential Contractor Default 0 I NOTICE OF ADMINISTRATIVE CITATION City of Newport Beach n •Citation No. OFFICE OF THE CITY MANAGER CODE AND WATER QUALITY ENFORCEMENT 3300 Newport Blvd. Newport Beech, Ca. 92663 .T, �D (949) 644.3215 CitatioidCorrection Date / Tii ��Time .� • �/ / / i An inspection of the premises located at %, i G/ 7 -- i7 ,% i; • `., ' in the City of Newport Beach, revealed a viotation(s) of the Newport Beach Municipal Code. Name of owner or business: 71 1, 1 -1' Address if different than / /'i?- �! %�• o /'� vioialion; [;,r IST. CITATION S100.00 ......... IS NOW DUE AND PAYABLE b]� THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE; VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. [ ] 2ND. CITATION $200.00 ........... IS NOW DUE AND PAYABLE [ ] 3RD. CITATION $500.00 ........... IS NOW DUE AND PAYABLE THIS ViOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON/ AND YOU HAVE mnTl DDI, Trn no DCN F 11Cn TUC VInt ATfnMN C1 , • - NEWPORT HEACH MUNICIPAL DESCRIPTION OF VIOLATIONI51: CODE SECFION(SI: CURRECIIUN(S)REQUIKEU: ice/ s,.:..••� .d. ✓`r •-.-, /.�:- ,c/, =„- 'Y .0 I RECEIPT ACKNOWLEDGED BY DATE SIGNATURE OF OFFICER PRINT NAME OF OFFICER IUe i VIOLATION(S) CLEARED AS OF (DATE INSPECTED). WHITE (Violation Copy) CANARY (Hearing Copy) PINK (Officer Copy) Ll • PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. noi) P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949)644 -3311 January 12, 2004 Dale Jones Ranco Corporation P.O. Box 9007 Brea, CA 92822 Fax: 714 -992 -2547 Subject: 2003 — 2004 Sidewalk, Curb S Gutter Replacement, C -3629 Liquidated Damages and Potential Contractor Default due to Lack of Performance on Project Dear Mr. Jones, 1. Tlvs letter is to put Ranco on notice that as of January 10, 2004, you are in liquidated damages of 5 500.00 per calendar day until all the work is completed, including punch list items. This is per section 6 -9 of the job specifications. Per weekly workday report X10, you had used up the 40 contract working days. 2. This letter also serves to put Ranco on notice of potential default on their contract for lack of • adequate performance. Ranco has had 18 days of no work done on controlling operations during the 40 contract work. This is unacceptable and contractor default will be considered per Section 6 -4 of the Green Book Specifications. Portions of Ranco's work has also been unsatisfactory; including a)leaving the worksite and public right of way in an unacceptable potentially hazardous condition and b) violating pollution regulations by discharging pollutants (dirt, concrete and debris) into gutters and storm drains that flow to the bay (citation attached). The City intends to initiate contract default on Tuesday. January 20, unless Ranco provides an improved and A copy of this letter is being sent to your any. Sincerely, R. Gunther Construction Engineer Attachment Cc S. Badum, Public Works Director B. Patapoff, City Engineer S. Luy, Project Manager F. Martin. Senior PW Inspector R. Clausen, Asst. City Attorney Arch Insurance Co., 135 N. Los Robles Ave, #825, Pasadena, 91101, Fax; 626 -535 -0875 F: \USERS \PBW\Shared \Contracts \FY 03- 04 \03 -04 Sidewalk,Curb & Gutter C- 3629 \Notice of Liquidated Damages - Rvsd-rg.doc - 1 -