Ventura County Grand Jury
• 2009-2010
City of Simi Valley Public Works Contracting
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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 14 findings
F01
The fourth phase of the contract “Los Angeles Ave., Madera Rd., Lysander Ave. Sewer Rehabilitation- SV 07-11” (Contract) was to trench and provide rigid sliplining of piping beneath the number two, or shoulder, lane along the eastbound side of Los Angeles Avenue between Madera Road and Sinaloa Road.
No recommendations for this finding
F02
Los Angeles Avenue is a four-lane arterial road traversing east-west through the Simi Valley.
No recommendations for this finding
F03
The Contract was signed June 11, 2007 and was to be completed December 27, 2007. There were no intermediate completion dates for the four phases of the Contract. ______________________________________________________________________________ Simi Valley Contracting 1
No recommendations for this finding
F04
The fourth phase of the project started when traffic barricades were installed, closing one of the two eastbound lanes of the thoroughfare on September 17, 2007 and was completed on April 10, 2009.
No recommendations for this finding
F05
Following a delay of five months due to the Contractor submitting unacceptable plans for a bypass sewage system, actual construction of the fourth phase began on February 21, 2008.
No recommendations for this finding
F06
The City terminated the Contractor on February 29, 2008 after concluding that the Contractor “had breached their contract with City by refusing to repair/replace defective work” in an earlier contract phase and for “being three months over the contract completion date, and working unsafely.”
No recommendations for this finding
F07
Under the “Obligations of the Contractor: Termination” clause of the Contract, when the City finds that a contractor is not faithfully following the terms and conditions of the contract, the City may give the contractor a 10-day notice to correct the problem. (Att-01)
No recommendations for this finding
F08
If a contractor fails to cure the contract problems within the 10-day notice period, City may terminate the contractor by written notice. (Att-01
No recommendations for this finding
F09
Most public works contracts, including the one under this investigation, have a surety bond provided by the contractor (in the awarding authority’s format). This bond obligates Surety to complete any work not completed by the contractor as a result of default, termination, or non-performance. (Att-02)
No recommendations for this finding
F10
In accordance with “City of Simi Valley Purchasing Practices and Procedures 2008,” Surety accepted responsibility for project completion and executed a limited Takeover Agreement of the Contract with the City on August 8, 2008. Surety then rehired the Contractor and work recommenced on August 11, 2008. (Att-02)
No recommendations for this finding
F11
When Surety is called upon to complete the work of the Contract, the contract and bond do not require the City’s concurrence with Surety’s choice of contractors. (Att—02)
Related Recommendations (1)
R01
The City should amend the surety bond and/or the terminology of its public works contracts to require concurrence of the City with respect to Surety’s selection of a contractor to complete work under the contract as a result of default, termination, or non-performance. (C-01, C-03 through 05)
F12
The City terminated the Takeover Agreement with Surety on January 16, 2009 “for lack of timeliness as their takeover agreement had a completion date of October 31, 2008.”
Related Recommendations (1)
R02
The City should be more diligent in the administration of public works contracts. (C-03 through C-05) Responses Response Required From: City Council, City of Simi Valley (R-01 and R-02) Response Requested From: City Manager, City of Simi Valley (R-01 and R-02) Information To: City Manager, City of Camarillo (R-01) City Manager, City of Fillmore (R-01) City Manager, City of Moorpark (R-01) City Manager, City of Ojai (R-01) City Manager, City of Oxnard (R-01) City Manager, City of Port Hueneme (R-01) City Manager, City of Santa Paula (R-01) Simi Valley Contracting 3 City Manager, City of Thousand Oaks (R-01) City Manager, City of Ventura (R-01) County Executive Officer, County of Ventura (R-01) References Ref-01. “City of Simi Valley Purchasing Practices and Procedures 2008” (PUR 2008) Attachments Att-01 “City of Simi Valley Purchasing Practices and Procedures 2008” Obligations of the Contractor: Termination Att-02 “City of Simi Valley Purchasing Practices and Procedures 2008” Bond for Faithful Performance Att.-03 Project Time Line ________________________________________________________________ 4 Simi Valley Contracting (This page intentionally blank) Simi Valley Contracting 5 Attachment -01 “City of Simi Valley Purchasing Practices and Procedures 2008” Obligations of the Contractor: Termination ________________________________________________________________ 6 Simi Valley Contracting (This page intentionally blank) Simi Valley Contracting 7 ________________________________________________________________ 8 Simi Valley Contracting Simi Valley Contracting 9 (This page intentionally blank) ________________________________________________________________ 10 Simi Valley Contracting Attachment-02 “City of Simi Valley Purchasing Practices and Procedures 2008” Bond for Faithful Performance Simi Valley Contracting 11 (This page intentionally blank) ________________________________________________________________ 12 Simi Valley Contracting Simi Valley Contracting 13 (This page intentionally blank) ________________________________________________________________ 14 Simi Valley Contracting Attachment-03 Project Time Line Simi Valley Contracting 15 (This page intentionally blank) ________________________________________________________________ 16 Simi Valley Contracting Project Time Line June 26, 2007 City issued “Notice to Proceed” to Contractor September 17, 2007 Traffic controls (barricades) installed for fourth phase of contract November 27, 2007 Completion date of original contract February 21, 2008 Work actually started on phase four February 29, 2008 Contractor terminated by Public Works Director August 8, 2008 Surety executed Takeover Agreement with City August 11, 2008 Surety rehired terminated Contractor October 31, 2008 Completion date of project under Takeover Agreement January 16, 2009 City terminated Takeover Agreement January 26, 2009 City awarded contract to new contractor to complete phase four February 16, 2009 New contractor started work April 10, 2009 Project completed Simi Valley Contracting 17
F13
As an agenda item at a regularly scheduled City Council meeting on January 26, 2009, the City authorized a contract with a different contractor on an emergency basis to finish the project. Work started on February 16, 2009 and was completed on April 10, 2009.
Related Recommendations (1)
R02
The City should be more diligent in the administration of public works contracts. (C-03 through C-05) Responses Response Required From: City Council, City of Simi Valley (R-01 and R-02) Response Requested From: City Manager, City of Simi Valley (R-01 and R-02) Information To: City Manager, City of Camarillo (R-01) City Manager, City of Fillmore (R-01) City Manager, City of Moorpark (R-01) City Manager, City of Ojai (R-01) City Manager, City of Oxnard (R-01) City Manager, City of Port Hueneme (R-01) City Manager, City of Santa Paula (R-01) Simi Valley Contracting 3 City Manager, City of Thousand Oaks (R-01) City Manager, City of Ventura (R-01) County Executive Officer, County of Ventura (R-01) References Ref-01. “City of Simi Valley Purchasing Practices and Procedures 2008” (PUR 2008) Attachments Att-01 “City of Simi Valley Purchasing Practices and Procedures 2008” Obligations of the Contractor: Termination Att-02 “City of Simi Valley Purchasing Practices and Procedures 2008” Bond for Faithful Performance Att.-03 Project Time Line ________________________________________________________________ 4 Simi Valley Contracting (This page intentionally blank) Simi Valley Contracting 5 Attachment -01 “City of Simi Valley Purchasing Practices and Procedures 2008” Obligations of the Contractor: Termination ________________________________________________________________ 6 Simi Valley Contracting (This page intentionally blank) Simi Valley Contracting 7 ________________________________________________________________ 8 Simi Valley Contracting Simi Valley Contracting 9 (This page intentionally blank) ________________________________________________________________ 10 Simi Valley Contracting Attachment-02 “City of Simi Valley Purchasing Practices and Procedures 2008” Bond for Faithful Performance Simi Valley Contracting 11 (This page intentionally blank) ________________________________________________________________ 12 Simi Valley Contracting Simi Valley Contracting 13 (This page intentionally blank) ________________________________________________________________ 14 Simi Valley Contracting Attachment-03 Project Time Line Simi Valley Contracting 15 (This page intentionally blank) ________________________________________________________________ 16 Simi Valley Contracting Project Time Line June 26, 2007 City issued “Notice to Proceed” to Contractor September 17, 2007 Traffic controls (barricades) installed for fourth phase of contract November 27, 2007 Completion date of original contract February 21, 2008 Work actually started on phase four February 29, 2008 Contractor terminated by Public Works Director August 8, 2008 Surety executed Takeover Agreement with City August 11, 2008 Surety rehired terminated Contractor October 31, 2008 Completion date of project under Takeover Agreement January 16, 2009 City terminated Takeover Agreement January 26, 2009 City awarded contract to new contractor to complete phase four February 16, 2009 New contractor started work April 10, 2009 Project completed Simi Valley Contracting 17
F14
During the times in which the contracts were negotiated and re- negotiated, there were long intervals when the road remained blocked while no work was in progress. ________________________________________________________________ 2 Simi Valley Contracting Conclusions C-01. Both the City and Surety followed the terms of the Contract and, in particular, the surety bond according to “The City of Simi Valley Purchasing Practices and Procedures 2008.” (F-01, F-03, F-06 through F-12) C-02. Surety accepted responsibility for completion of the project and was able to rehire the terminated Contractor for that purpose. The City’s Contract does not require concurrence of the City with Surety’s selection of contractors. (F-9 through F-11) C-03. For most of the 19-month construction period during the fourth phase, there was no work visibly in progress while one-half of the eastbound thoroughfare remained closed. Much of that time was subsequent to the termination of the original contract. (F-04 through F-06, F-13, F-14) C-04. During the prolonged period of the Contract, diversion of traffic on a heavily traveled road presented an impediment to traffic as well as an inconvenience to the public at large. (F-03 through F-06, F-12, F-14) C-05. The City was slow to take action in overseeing the Contract. (F-04 through F-06, F-12, F-14) Recommendations
No recommendations for this finding
Conclusions 1
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CL1 Page 5C-01. Both the City and Surety followed the terms of the Contract and, in particular, the surety bond according to “The City of Simi Valley Purchasing Practices and Procedures 2008.” (F-01, F-03, F-06 through F-12) C-02. Surety accepted responsibility for completion of the project and was able to rehire the terminated Contractor for that purpose. The City’s Contract does not require concurrence of the City with Surety’s selection of contractors. (F-9 through F-11) C-03. For most of the 19-month construction period during the fourth phase, there was no work visibly in progress while one-half of the eastbound thoroughfare remained closed. Much of that time was subsequent to the termination of the original contract. (F-04 through F-06, F-13, F-14) C-04. During the prolonged period of the Contract, diversion of traffic on a heavily traveled road presented an impediment to traffic as well as an inconvenience to the public at large. (F-03 through F-06, F-12, F-14) C-05. The City was slow to take action in overseeing the Contract. (F-04 through F-06, F-12, F-14)
Agency Responses 2
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
No Responses Found 10
Government entities assigned to respond to this report. No response documents have been linked in our database.
Camarillo
City
Fillmore
City
Moorpark
City
Ojai
City
Oxnard
City
Port Hueneme
City
San Buenaventura
City
Santa Paula
City
Thousand Oaks
City
Ventura County
County