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.