HomeMy WebLinkAbout06 - C-3416 - Balboa Peninsula Streetlight ModificationsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
February 11, 2003
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: BALBOA PENINSULA STREETLIGHT MODIFICATIONS, CONTRACT
NO. 3416 — 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 1 year after Council acceptance.
DISCUSSION:
On June 26, 2001, the City Council authorized the award of the Balboa Peninsula
Streetlight Modifications contract to ProTech Engineering of Anaheim, California. The
contract provided the replacement of streetlights on Balboa Peninsula under the City's
fifteen -year program to convert obsolete 5000 -volt series streetlight circuits and replace
aging facilities. The project provided the replacement or refurbishment of 103
incandescent lights and approximately 20,000 feet of electrical conduit and wiring on
the Ocean Front sidewalk to Newport Pier, along Balboa Boulevard between Island
Avenue and 28'" Street, and extending north of 32 o Street to River Avenue between
Marcus and Lake Avenues.
The contract has now been completed. However, there were numerous problems
throughout the project concerning inferior quality work, uncompleted work, and
incorrectly installed work that presented safety problems (missing ground wires and
fuses, and exposed wires) to the City. The project required City Staffs continual
persistence to have corrections made by the contractor.
The contractor claimed on three separate occasions to have completed the project, yet
on the first two occasions, it was shown the work was significantly deficient and
incomplete. The second punch list for the project was so extensive, over 500 corrective
items were shown on the 14 sheets of drawings. Through extensive effort by City Staff,
SUBJECT: BALBOA PENINSULA STREETLIGHT MODIFICATIONS. CONTRACT NO. 3416 — COMPLETION AND
ACCEPTANCE
February 11, 2003
Page 2
the contractor made most of the required corrections; however, for the two items left
unfinished the contractor was charged $6,200.
The extensive corrective work required extending the final project completion,
consuming both staff time and resources. In the final negotiations with the contractor,
the contractor was charged an additional $8,000 on Change Order No. 9 in lieu of
charging liquidated damages.
A summary of the contract cost is as follows:
Original bid amount: $375,807.50
Actual amount of bid items constructed: 382,357.50
Total amount of change orders: 74,209.30
Final contract cost: $456,566.80
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the need for additional deeper pullboxes on Balboa Boulevard exceeding
the bid item quantities. The final overall construction cost including change orders was
21.49 percent over the original bid amount.
A total of 11 change orders were issued to complete the project. They were as follows:
1. No cost time extension setting start date of September 24, 2001 and with 140
working days from start date.
2. No cost change order splitting bid item 9 into bid items 9 and 9a.
3. A change order in the amount of $21,000.00 provided for the installation of
deep conduit at 14 locations to run beneath the storm drain.
4. A deductive change order in the amount of $1,174.14 provided reimbursement
to the City for City repairs to a sewer main, bored through by the contractors
boring machine.
5. A change order in the amount of $2,890.60 provided for the modification of
conduit size along Balboa Blvd. from specified 1 -114 inch to 1 -1/2 inch for entire
run (7620 LF).
6. A change order in the amount of $8,725.00 provided a revised power service,
an additional pole reinstallation, increased service pedestal size, revised
luminaire arms from 6 to 8 feet, and four additional pole reinstallations on Lake
Avenue.
7. A change order in the amount of $25,000.00 provided for the boring of conduit
between 35th and 38th streets and the relocation of 10 additional poles on
River, 35th, 24th, and Ocean Front.
SUBJECT: BALBOA PENINSULA STREETLIGHT MODIFICATIONS, CONTRACT N0. 3416- COMPLETION AND
ACCEPTANCE
February 11, 2003
Page 3
8. A deductive change order in the amount of $518.66 provided reimbursement
for phone line repairs for the contractor's damage to the emergency phone line
to a lifeguard tower.
9. A deductive change order in the amount of $14,200.00 provided for
reimbursement to the City for the contractor's failure to install wire color per
plan ($3000), additional reimbursement to the City for contractor's failure to
install wire color per plan ($8,000, - assessed in lieu of liquidated damages),
and reimbursement to the City for 16 old pullboxes that were not removed by
the contractor.
10. A change order in the amount of $9,800.00 provided for additional amounts
due the contractor on Change Order Nos. 6 and 7.
11. A change order in the amount of $22,686.50 provided for increased wire sizes
required by the City.
Funds forthe project were expended in the following accounts:
Description
Streetlight Conversion
Streetlight Replacement
Oceanfront Walkway and Lighting
Account No. Amount
7014- C5200025 $39,910.82
7014- C5300035 276,655.98
7295- C5100568 140,000.00
Total $456,566.80
The original scheduled completion date was April 10, 2002. The contract was extended
by the City by change order to May 15, 2002. Due to the large amount of defective
work that required correction during the punchlist phase, the work was not completed
until September 26, 2002,
Environmental Review: This project was determined to be exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA
Implementing Guidelines at the time the construction of this project was authorized by
the City Council. This exemption covers the replacement or reconstruction of existing
utility facilities with negligible or no expansion of capacity.
Prepared by:
R. Gunther, P.E.
Construction Engineer
Attachments:
Submitted by:
av�Il /l ;
Stephen nJBcmoMum
Public Works Director
1. Public Works Department Letter of August 14, 2002
2. Public Works Department Letter of July 22, 2002
August 14, 2002
N tt'Ct"wi rl1
CIT I OF NEWPORT BLACH 1
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BLVD.
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949)644 -3311
Mike Niknafs
ProTech Engineering Corporation
3855 La Palma Avenue, Suite 127
Anaheim, CA 92807
Subject: Balboa Peninsula Streetlight Modifications, Contract No. 3416
Final Punch List Drawings
Dear Mr. Niknafs:
In your letter of June 14, 2002 you requested a final job -walk for this project, stating that all of
your work was completed. The final job -walk, began on Wednesday, July 3, 2002 and occurred
over a three -week period, being completed on July 16, 2002. Over 100 hours of City staff time
was invested in the job -walk and the compilation of the punch list drawings. ProTech attended
only the first three hours of the job -walk on the first day of the walk.
Poor Qualityof Work Faulty Installations, and Unfinished Work
The attached red -lined drawings detail the tremendous number of work items that were found to
be installed improperly or left unfinished. The number of faulty and unfinished work items was
so huge that it was impractical to list them. In fact it has taken close to a month to document and
assess the large number of items and to compile them on the attached contract drawings which
have been marked in red with the items to be corrected or finished (over 500 items). Many of
these items were brought to your attention by the inspector previously, while some were only
discovered during the job -walk where all items of work were opened up for final review. The
plans and specifications were clear as to the work items to be performed and you did not indicate
that you were unable to understand the plans and specifications. However, the large number of
defects in installation and unfinished work demonstrates that ProTech's quality of work was
severely lacking and that ProTech did not follow the plans and specifications for the project.
Safety Concerns
Potential safety hazards were confronted by City staff performing the job -walk (e.g. missing
ground wires in street light poles) and there are numerous substandard or unfinished items that
may present safety hazards for the City in the future.
Project Completion
Due to the extensive nature of the faulty and unfinished work and related safety issues, we are
concerned with ProTech's ability to complete this project. ProTech's work is not complete as
J -Tech Engineering Corporation
Final Punch List Drawings
Page 2 of 2
claimed. The contract start date for the work was September 24, 2001 and the contracted
completion date was April 10, 2002. This date was extended through approved change orders
and non -work days to May 13, 2002. Since the work is not complete, ProTech is liable for the
contracted liquidated damages of $500 per day since May 13, 2002.
Please review the punch list drawings and contact Rob Masters at 949 - 644 -3312 by Wednesday,
August 21 to discuss your schedule for completion of this project. If ProTech is unable to
complete the work per the contract plans and specifications, the City will make arrangements for
another contractor or the bonding company to complete the project.
Sincerely,
Bill Patapoff
City Engineer
By: p
1 �ce.KA�
R. Gunther
Construction Engineer
Attachments;
Synopsis of Safety Items and Select Items
Punch List Drawings, Red -Lined
Cc: Steve Badum, Public Works Department
Mike Sinacori, Project Manager
Rob Masters, Senior Project Inspector
Herb Wollerman, Utilities
Dan Ohl, Deputy City Attorney
Steven Itagaki, Tetra Tech ASL Consulting Engineers
Gulf Insurance Company, Surety Bonding Company
F : \USERS\PBW\Shared \Contracts\FY 00 -01\13alboa Peninsula Strcet Light Modifications C- 3416\L- rg2- ProTcch.doc
Synopsis of Safety Items and Select Items from Punch List Drawings
(see attached 14 plan sheets)
A. Potential Safety Concerns.
1. Electrical ground wire is missing in Type I and Type II street light poles.
All poles are required to have a ground wire connection up the pole to connect to the
luminaire as per note 6 on sheet 14 of the plans. The work as installed is a safety hazard.
2. Electrical wires in street light poles are wrong color throughout the project.
Color of electrical wires up poles are to match those of the wire colors specified for the
circuits as per note 6 on Page 14 of the plans. (Either a black and red wire or a blue and a
yellow wire). The two black wires currently installed in poles do not meet this
specification. The color - coding of circuits is a current City utilities safety requirement
and was clearly called out on the plans.
3. Electrical wires in conduit are wrong colors throughout the project.
Colors of electrical wires in conduits are to be as specified on note 15 of sheet 1 of the
plans and Section 307 -14 of the specifications. The color - coding of circuits is a city
utilities safety requirement and was clearly called out on the plans and was clearly called
out on the plans.
4. Bare wire is exposed on terminal strips in numerous locations and needs to be
shortened. Electrical shorting can occur and is a safety hazard.
5. Color - coding of phase -wires changes color in pull boxes at noted locations. This is not
per specification and is a safety hazard.
6. Many fuses were wrong size or missing - City staff has now installed the missing fuses.
7. Light pole at 28`h St. is in contact with an overhead wire and may be a safety hazard.
8. Circuit feeds are mis -wired and not per plan on sheet 12 and may be a safety hazard.
B. Other Selected Items
1. No Certified Payrolls were ever received during the project to verify the payment of
prevailing wages as required in the contract "Instructions to Bidders."
2. Grout caps at poles need to be removed and reformed 6 inches wide per plan sheet 14.
3. Landscaping repairs are incomplete and unacceptable, particularly along all of the
median islands on Newport and Balboa Blvds. Bushes were chopped out of the way and
not replaced. Damaged irrigation lines and heads need to be replaced to working order.
4. Sidewalk repairs are unacceptable. Note 11 on Page 1 of the plans calls for entire
sidewalk panels to be replaced wherever sidewalk work occurs. The low quality, poorly
finished patches are to be removed as shown on the attached plans.
5. As -Built drawings were not submitted monthly as required and no final As- Builts have
been submitted for the project.
6. Written one -year guarantee for all installed materials has not been submitted.
The above list is only a small synopsis of the some of the major items of work remaining to be
done. All of the numerous items as detailed on the marked -up punch list drawings attached must
be corrected and finished for the project to be complete.
F: \USERS\PBWIShued \Contacts\FY 00- 01\Balboa Peninsula Street Light Modifications C- 341altr- synopsis.doc
July 22, 2002
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BLVD.
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949)644 -3311
Mike Niknafs
ProTech Engineering Corporation
3855 La Palma Avenue, Suite 127
Anaheim, CA 92807
FAX: 714 - 281 -6829
Subject: Balboa Peninsula Streetlight Modifications, Contract No. 3416
Dear Mr. Niknafs,
The phone line serving the Lifeguard Tower at 13th Street has been out since
approximately June 22, 2002. The line and conduit were damaged directly at the location
of the new streetlight foundation constructed by your crews as part of your work. We
have requested on several occasions, including by phone last week, that you repair this
damaged line.
Lack of phone service to the Lifeguard Tower has presented a serious life -safety concern,
since the lifeguard at Tower 13 may not be able to communicate with other towers,
headquarters, or with medical personnel in an emergency.
Since we did not receive a response from you to our phone calls last week, we are having
the repairs made by another contractor today. Our intentions are to bill ProTech
Engineering for this work.
Sincerely,
R. Gunther
Construction Engineer
Cc: Bill Patapoff, City Engineer
Mike Sinacori, Project Manager
Rob Masters, Senior Inspector
Dan Auger, Telecommunications
Herb Wollerman, Utilities
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