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