HomeMy WebLinkAboutNB 3 STORM DRAIN 11-07-83 Il-,-;..'t . 3
" 11-7-83
~ MBER 1, 1983 lnt:er-Com
TO:
WILLIAM HUSTON, CITY MANAGER
DALE A. WICK, ASSISTANT CITY ENGINEER
SUBJECT: RED HILL STORM DRAIN FACILITY NO. F10P01 CONTRACTOR REQUEST FOR TIME
EXTENSION
RECOMMENDATION:
It is recommended that the City Council, at their meeting of November 7, 1983,
consider the contractors attached request for an extension of time on subject
contract, and either deny the request or grant a time extension as they feel is
appropriate.
BACKGROUND:
The contract specification require that time extensions must be approved by the
City Council. The penalty in this contract is $100.00 for each calendar days
delay in completing the work in excess of the allotted calendar days. The
completion time allotted for this project was 100 calendar days plus 5 additional
days for work added to the contract for a total of 105 calendar days from the date
of contract execution by the City.
Regarding the contractors attached request, his lost time due to rain days and
encountering.of interfering utilities has been taken into consideration. A total
of 3 days has been added due to rain days and another 2 or 3 days will be added
due to additi6nal time required because of interfering utilities. These type of
time extensions are handled by staff and do not require City Council approval.
Plans and specifications for this project were completed by staff on a "crash
program" in hopes of completing the Red Hill storm drain prior to the rainy season
and also prior to the beginning of school with. the inherent additional traffic
congestion which school traffic adds to Red Hill Avenue.
The 100 calen~ar days plus five days, which we programmed into the project,
included 30 days for pipe manufacturing which we felt would result in the
following timetable:
July 18, 1983 - City Executes Contract and Contractor Orders Pipe.
Aug. 17, 1983 - Pipe Delivered and Contractor Begins Work.
Oct. 31, 1983 - Contractor Completes Work.
After the contract was executed by the City (July 18, 1983) we made attempts to
obtain a definite starting date from the contractor. The contractors response was
that he could not obtain pipe delivery until September 31, 1983. We checked this
out with the pipe manufacturer and they stated that the September 31, 1983 date
was a mutually agreed upon date and the indication was that an earlier date could
have been arranged.
November 1, 1983
William Huston, City Manager
Red Hill Storm Drain Facility No. FIOPO1 Contractor Request For Time
Extension
Page 2
The pipe manufacturer also stated that normal pipe delivery time from date of
order is about seven weeks. Assuming a seven week pipe delivery time would have
resulted in the following timetable:
July 18, 1983 - City Executes Contract and Contractor Orders Pipe
Sept. 5, 1983 - Pipe Delivered and Contractor Begins Work
Nov. 19, 1983 - Contractor Completes Work
The above timetable would have required granting the contractor a 19 calendar day
time extension to allow for the additional pipe manufacturing time.
In reality, the contractor started preliminary work on the pro~ect on September
26, 1983 and did not actually start laying mainline pipe until October 20, 1983.
Staff feels that the main reason that the contractor was slow in starting his work
in Tustin is that he was very busy and had other commitments and other projects to
complete, although, this is only our assumption and we have no actual proof of
this. We do not feel that pipe manufacturing time was a factor since some of the
54" pipe delivered to the.job had a date marking on it of Aug. 3, 1983. We feel
the pipe was available if the contractor had wanted it delivered.
Also attached for the City Councils information, is a chronological record of
correspondence which has ensued regarding the starting date for this project.
Desatoff Construction 'Co. is an excellent contractor. They completed the Irvine
Blvd. storm drain project for the City 2 years ago with no problems and in a
minimum amount of time. The fact that they may have submitted intelligent low
bids to several agencies and were awarded several contracts at the same time is to
their credit, although it has caused some problems for the City.
Dale A. Wick
Assistant City Engineer
jr
Attachments
CC:
City Clerk
City Attorney
Desatoff Construction Co.
SATOFF
CONSTRUCTION
- COMPANY
License No. 27303 ~-A
P.O. Box 5515 · ~5606 G~le Avenue, Suite ! · H~:ienda Heights, California 9174.5
(213) 96~-074.? -
Mr. Dale A. Wick
City of Tustin
300 Centennial Way
Tustin, Calif. 92680
RE: Extention of Time
Dear Mr. Wick:
I would like to respond to your letter of October 12th, outlining the procedures
in requesting extention of time. We are asking for an extention of sixty days,
(60) to our contract.
We feel we are justified in asking for this time due to the delay in the
ufacturi~g of the pine. We were in constant touch with the pipe company and as
soon as we became aware of the availability of the pipe we began to move-on the
project. Also, as we. be&an the project, we had scme rain and added days were'
needed to allow the ground to dry out'completely.
I.would like to restate, as Der our orior letter to you, that we would have
disruoted everyone involved if we had to move on and off the job at the slow
availability of the pipe. If we conducted our work in this way, no one would
benefit. Further, since we have started the project, we have encountered
seve~l interfering utilities not shown on the plans, which I am sure you are
well aware of.
We do not anticipate having to use the full 60 days, however these sixty days
would include some of the time lost due to these interfering utility lines.
We sincerely hope you grant us the extention of time that we ask for so that
our present work can continue to run smooth and efficiently.
MJD/pjd
July 19, 1983
De?artment of ~blic lforbs/Engi, ieering
Desatoff Construction Co.
P.O. Box 5515
Hacienda Heights, CA 91745
RE: S?ORM DRAIN X)(PROVEI~N?S LOCA?IONS A,B, & C
Gentlemen:
Enclosed, please find your fully executed copy of the contract for subject
project.
Per Section O-IV, Page 0-2 of the specifications, the completion date for this
project will be 100 calendar days from the July 18, 19B3 date that the contract
was executed by the City, or October 26, 1983x The contract starting date for
determination of contract calendar days is July 19, 1983. Per Section O-IV, you
are required to begin work within 30 calendar days of date of contract execution,
or by Auq. 17. 198R. In addition, if your quotation for Contract Change Order
No. 1 is acceptable to the City, we will add an additional ~ calendar days to the
contract. We also wish to point out the liquidated damage clause in said Section
O-IV of the specifications.
The City is hopeful that'you will-be able to begin work earlier than the required
schedule. In particular, we would like to complete the work at Location 'A" (Red
Hill Ave.) before school starts. School traffic contributes heavily to the
congestion on Red Hill Avenue and we believe that your traffic control will be )
simplified if you do not have to contend with the school traffic.
Please contact me at your earliest convenience regarding the pre-construction
conference.
Very truly yours,
Dale A. Wick
Assistant City Engineer
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Attachment
$00 Centennial Way
· Tustin, California 92680
· (714~ $44-8890
August 17, 1983
Deloartment of Public
Oesatoff Construction Co.
P.O. Box 5515
Hactenda Heights, CA 91745
RE: STORM DRAIN IMPROVEMENTS LOCATIONS
Gentlemen:
This is to remind you that per Section D-IV of the project
specifications, ~ug. 17, 1983 was the latest date which you were
'to start work on subject project, although the actual starting
date is immaterial as long as the completion date is met. The
completion date for this project is October 31~ I983, which date
includes a five day extension to account for CCO ~1.
It is imperative that this completion date be met and that all
work be completed by this date so as to preclude any delays due
to possible wet weather.
Please contact me at your earliest convenience regarding your
intended scheduling for this project.
Very truly yours,
Dale A. Wick
Assistant City Engineer
db
.~00 Cente..ial k'a~y * Tusti., Califor.ia 92680 * (714) $44-8890
I'~ Y D F~ O C C lW D U I T
CORPORA TION
August 22, 1983
Desatoff Construction Co.
P. o. Box 55i5
Hacienda Heights, CA 91745
Dear Mottle:
Re:
City of Tustin, Stm. Drn.
Impvts. Redhill Fac.
~F1PO1 & SIP58, etc.
S.O.:
To conf~rm our telephone conversation of August 8, 1983, pipe for
the above project will be available for shipment on September 31, 1983.
Thank you for your business.
Very truly yours,
HYDRO CONDUIT CORPORATION
Jack Duffy
Senior Sales Representative
JD:pam
A subs,Chary of ....
POST OFFICE BOX 939
23200 TEMESCAL CANYON ROAD
CORONA· CALIFORNIA 91720~"~'~
PHONE (714) 735-2~20.541.5~?~
CONSTRUCTION
'~, COMPANY _,,,~'",~/
Lkens¢ .~o. 273033-A
P.O. Box 5515 · ]5606 Gale Avenue, Suitel · Hacienda Heights, Ca~i£ornia91745
(21~1) 96]-0747 - 961-0748
August 24, 1983
Mr. D~le Wick
Assistant City ~ugineer
300 Centennial Way
Tustin, Calif. 92680
RE: Storm Drain Improvements Locations A,B,&C
RECEIVE[.
ALJ8 2 G '~ '
'[USTINBy PUB~.~ORKS DEP1.
D~ar Mr. Wick,
Here is a copy of the letter we Just received from the pipe company. As
you will see, they will have some pipe ready for delivery starting around
September 31, 1983.
We are in the process of trying to get a starting date from our Sub-
Contractor for the structures. As soon as we do, we will forward that
date and a date of our approximate starting date.
We thank you for your co-operation in this matter.
Respectfully Submitted,
M~rrie J./Desatoff //,
De'satoff ~onstructi~n 'Co.
MJD/pjd
September 6, 1983
De?artment of Public Works/Engineerin2
Desatoff Construction Company
P.O. Box 5515
Hacienda Heights, CA 91745
RE: STOP, H DRAIN IMPROVEI~!NTS LOCATIONS A,B,& C
Gentlemen:
We are in receipt of your correspondence dated Aug. 24, 1983 and the
correspondence from Hydro Conduit Corporation dated Aug. 22, 1983.
Your indicated starting date for this project of September 31, 1983 is
unacceptable to the City. We have checked with Hydro Conduit Corporation and they
have indicated that an earlier delivery date for pipe could be arranged. In fact,
the City recently ordered some pipe from Hydro Conduit Corporation and received
delivery in three weeks.
We feel that the 30 calendar days from the date of contract execution which was
programmed into the specifications for pipe delivery and which would have
permitted an Aug. 17, 1983 starting date was adequate. In addition, the Aug. 17,
1983 starting date would have permitted the work on Red Hill Avenue, a critical
arterial in the City of Tustin, to be completed prior to when school starts. Now,
'school traffic will add to the congestion on Red Hill with the resulting
complaints from motorists who utilize this street. In addition, we feel there are
other phases of the project which do not hinge on pipe delivery and which could be
started~
The fact that re-paving operations will now probably have to be performed under
wet weather conditions also upsets us.
Consequently, we wish to tnform you that the City fully intends to assess
liquidated damages on this project if the work is not completed within the
prescribed contract time plus the time extension allowed for CCO #1.
Very truly yours,
Dale A. Wick
Assistant City Engineer
bh
cc: City Attorney
300 Centennial Way · Tustin, California 92680 · (714) 544-8890
'..~cessful bidder simult:neously with the execution of th~ _ontract will be
.~..~d to furnish a labor and material bond in an amount equal to fifty percent
. of the contract price, and a faithful performance bond in an amount equal to one
ired percent (100%) of the contract price; and bonds shall be of the form attached
~ Section C and secured from a surety company rated Grade A or better and Class IX or
etter by the latest edition of Best's Key Rating Guide, and shall be authorized to
ire such bond in the State of California and shall be subject to the approval and
acceptance of the City Council and City Attorney.
rD'IV BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES
Attention is directed to the provisions in Section 8-1.03 "Beginning of
Work,"and to Section 8-1.06 "Time of Completion," and to Section 8-1.07 "Liquidated
Damages" of the Standard Specifications and these Special Provisions.
The contractor shall begin work within thirty (30) calendar days after the date
that the contract has been executed by the City, and shall diligently prosecute the
same to completion before the expiration of one hundred {100) calendar days from date
of said contract execution by the City.
The contractor shall pay the 'City of Tustin as liquidated damages the sum of one
hundred dollars ($100.00) per day for each and every calendar day's delay in finishing
e work in excess of the number days prescribed herein and any extensions thereof
anted by the City Council. of
D-V GENERAL
Legal Relations and Responsibility. Reference is made to Section 7 of the
Standard Specifications. Additionally, the contractor shall have the following
obligations.
The contractor shall also defend, idemnify and save harmless the City and each
~ its officers and employees and agents from all claims, suits or actions of every
name, kind and description, including potential claims and suits, with respect to the
failure, neglect or refusal of contractor to faithfully perform the work and all of
the contractor's obligations under the contract. This defense and indemnification by
contractor shall specifically include all costs of defense which may be incurred by
City or its employees, officers, or agents with respect to such claim or suit. Such
costs, expenses, and damages shall include all costs incurred by the City, or its
employees, officers or agents to defend against any claims, stop notices or lawsuits
based thereon in which any of them is made a party.
Highway Construction Equipment. Attention is directed to Sections 7-1.02 of the
Standard Specifications.
Prevailing Wages. The CITY OF TUSTIN has obtained from the Director of
Industrial Relations the general prevailing rate of per diem wages and the general
prevailing rate for legal holiday and overtime work in the locality in which the work
is to be performed for each craft or type of work needed to execute this contract, and
the same has been filed in the Office of the City Clerk. Contractor agrees that not
less than said prevailing rates shall be paid to workers employed on this public works
contract as required by Labor Code Sections 1771 and 1774 of the State of California.
Subsistence Pay. Section 1773.8 of the Labor Code of the State of California,
regarding the payment of travel and subsistence payments, is applicable to this
contract.
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