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HomeMy WebLinkAbout10 - C-3647 - 2003-2004 Citywide Slurry Seal ProgramCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io June 28, 2005 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: 2003 -2004 CITYWIDE SLURRY SEAL PROGRAM —COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3647 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 March 9, 2004, the City Council authorized the award of the 2003 - 2004 Citywide Slurry Seal Program contract to Bond Blacktop Inc. This project provided for slurry sealing selected areas at various locations throughout the City. Conventional slurry was applied to streets within the Cameo Shores, Cameo Highlands, Corona del Mar, and several City owned parking areas (the Newport Pier parking lot, Castaways Park, Bob Henry parking lot, 30`h Street and Villa Way, and Palm Street). A rubberized slurry seal to be placed on Balboa Boulevard between 22 "d Street and Coast Highway was deleted from the project due to timing and contractor quality issues. The contract has now been completed. However the contractor's performance was unsatisfactory in a number of ways; including: • failure to meet the scheduled milestones • poor quality work that had to be redone • traffic safety violations SUBJECT: 2003 -2004 Citywide Slurry Seal Program — Completion and Acceptance of Contract No. 3647 June 28, 2005 Page 2 poor quality work on 5 streets in Corona del Mar, which the City did not pay for (instead $26,000 was deducted from their payments for this inadequate and unrepairable slurry-seal work See attached correspondences for detailed information on contractor's performance. A summary of the contract cost is as follows: Original bid amount: $357,097.50 Actual amount of bid items constructed: 283,819.39 Total amount of change orders: (net deduct) (24,752.50) Final contract cost: $259,066.89 The decrease in the amount of actual bid items constructed under the original bid amount was due to the deletion of $98,232.00 from the contract since the rubberized slurry, traffic control, and crack seal on Balboa Boulevard was deleted from the project due to timing and contractor inabilities. The overall final construction was 27.5 percent under the revised contract amount. The 4 Change Orders issued for the project amounted to a net deduct of $24,752.00 from the cost and were mainly due to deducts for the contractor's unsatisfactory slurry seal on some streets in Corona del Mar and an additional cost of $5,712.50 for additional slurry at fire stations. Fortunately with approximately one year of wear on the rough slurry installed, the streets now ride somewhat more smoothly. These streets will remain on the city's slurry planning program and the funds saved will be available to assist in their future slurry seal if required. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities, involving negligible expansion of the facilities in areas that are not environmentally sensitive. This project involved removing and replacing selected failed areas of pavement and placing a slurry seal to protect the roadway surface. Funding Availability: Funds for the project were expended from the following accounts: Account Description Account Number Amount Gas Tax 7181- C5100462 $212,512.39 Street & Parking Lots 7013- C5100019 44,497.50 Lifeguard Fund Acct. 1028.50 1028.50 Total: $259,066,89 SUBJECT: 2003 -2004 Citywide Slurry Seal Program — Completion and Acceptance of Contract No. 3647 June 28, 2005 Page 3 The original contract completion date was June 28, 2004 (with the Newport Pier Parking Lot required to be completed by Memorial day). The contractor did not meet the Memorial Day milestone partially due to tailed tests of the slurry. Work had to be redone and the remainder of the parking lot was put off until after Labor day. Of the remaining work, some was completed by June 28, 2004, however some was completed in July 2004. Corrective work had to be re -done in August of 2004, and their work was still not complete. It was agreed to allow the contractor to continue work after Labor Day and to be completed by mid October. The contractor failed to do this and was therefore given preliminary notices of default, and the Surety was contacted in December 2004. After discussion with the Surety, the contractor was given the opportunity to demonstrate that they could repair the streets that were rough due to the poor quality slurry seal. In February 2005, the test was made and the contractor was unable to demonstrate that they could correct the unacceptable slurried streets. In April, the contractor was informed that their proposed repair was unacceptable and monies would be deducted from their payments. Again after discussion with the Surety, and the City Assistant Attorney, the contractor signed a final payment form on June 15, 2005, which deducted $26,250.00 for their inability to repair the 5 streets. The Surety retains liability to assure payment on any stop notices on the project, and project funds will be withheld as required by law during the retention period for that purpose as well. Prepared by: hQ/L/ R. unther, P.E. Construction Engineer Attachments: Correspondences Submitted by: Stephen G. Badum ✓ /Public Works Director CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 9768 NEWPORT BEACH, CA 92658 -8995 i FAX COVER SHEET DATE: 5125104 FAX NUMBER: (619) 463 -0114 COMPANY: Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF. Rob Davis SUBJECT: 03104 Citywide Slurry Seal Program, C -3647 FROM: Bill Patapoff, CitV Engineer FAXED BY. PHONE NUMBER: (949) 644 -3321 FAX NUMBER: (949) 644 -3308 NUMBER OF PAGES INCLUDING COVER SHEET :,2' The slurry applied by Bond Blacktop Inc. on Monday May 24, 2004 at Newport Pier parking lot has failed the abrasion test as performed by LaBelle- Marvin Testing and is therefore rejected for having failed to meet specifications. (test results attached) 1. Therefore, Bond Blacktop is directed to cease slurry operations until you demonstrate your ability to comply with the Specifications. 44'2. All previous areas of slurry application are also rejected .'If you disagree, provide your proposal to prove that the previously slurried areas meet the specifications. Any costs for retesting will be the responsibility of Bond Blacktop. Contact me immediately at 949 - 644 -3321 to discuss this matter. Cc: R. Gunther, Construction Engineer Frank Martin, Senior Inspector Sean Crumby, Project Engineer 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: 5127104 FAX NUMBER: (619) 463 -0114 COMPANY. Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF., Rob Davis SUBJECT: 03104 Citywide Slurry Seal Program, C -3647 FROM: Bill Patapoff, CitV Engineer FAXED BY. PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3308 NUMBER OF PAGES INCLUDING COVER SHEET: 1 In my fax of May 25, 2004, Bond Blacktop was informed that their slurry applications were being rejected for having failed to meet specifications, particularly the abrasion tests. Per the specifications, Bond Blacktop was directed to cease slurry operations until they could demonstrate the ability to comply with the Specifications. On May 26th a second abrasion test failed to meet specifications. Finally on May 27, a wet - track sample passed the abrasion test. Please call me at 949 - 644 -3311 to discuss Bond Blacktop's ability to guarantee meeting the specifications on any further slurry operations. -Cc: -.R.- Gunther, Construction Engineer Frank Martin, Senior Inspector Sean Crumby, Project Manager Frank Tran, Project Engineer Please Notify Sender If Transmission Is Incomplete. FILENAME \p 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 9768 NEWPORT BEACH, CA 92658 -8995 FAX COVER SHEET DATE: 6110104 FAX NUMBER: (619) 463 -0114 COMPANY. Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF. Rob Davis SUBJECT: 03104 Citywide Slurry Seal Program, C -3647 FROM: R. Gunther, Construction Engineer FAXED BY. PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET. 2 On June 3, 2004 we received your invoice dated May 28, 2004 for $33,185.92 for work on this project. As per the City Engineer's fax/letter to you of May 25 (attached), all areas of slurry have been rejected. No payment can be made or is due on the invoice you submitted due to the rejected slurry. These rejected areas are deteriorating and producing substantial loose surface material presenting a liability and maintenance problem to the City. There are digout areas of work that your subcontractor IPS has completed that payment can be made on at this time. I suggest that you submit a revised invoice that includes only the digout work. Please provide a letter detailing your intentions to rectifV the slurry that has been rejected. Cc: Bill Patapoff, City Engineer Frank Martin, Senior Inspector Sean Crumby, Project Engineer Frank Tran, Design Engineer Please Notify Sender If Transmission Is Incomplete. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director September 24, 2004 Faxed:510- 441 -9982 & 619 -463 -0114 & Mail Ed Dillon Bond Blacktop, Inc. P. 0. Box 616 Union City, CA 94587 Subject: 2003 -04 Citywide Slurry, C -3647 5- Day Notice of Potential Contract Default Dear Mr. Dillon, Bond Blacktop has not maintained a sufficient work schedule and has performed substandard work on this project. Work was to have been completed by June 28, 2004. It was not. The work that was done was of poor quality and the City allowed Bond Blacktop to re- slurry the numerous rejected streets. Bond's re- slurry work was only partially successful, as Larkspur Street is still unacceptable, and a large punchlist was generated from the re -slurry work. The re -slurry of the rejected parking lot slurry by Bond has not even been started. On September 13, 2004 you were provided with the punch list and required that you respond in writing by September 15 with your schedule and plan to complete the work. This work would include corrections to Larkspur. Street, re -slurry remaining parking lots, complete unstarted contract work and to complete the punchlist for the re -done work. Although numerous phone calls made by the City, no response from Bond Blacktop has been provided. Per Section 6.4 of the Greenbook Specifications, this letter is to serve as the 5 -Day notice of potential default on the contract. If Bond Blacktop fails to respond and act to cure the deficiencies, the City intends to declare default on the contract on Tuesday. October 5. Please call and respond in writing to Bob Stein or Bill Patapoff at 949 - 644 -3311. (Fax: 949 - 644 -3318) Si cerely, Steve Badum Public Works Director C: Great American Insurance Company, Jody Johnson; Fax; yaS y3S 9i8y 1350 Treat Blvd., Ste., 300, Walnut Creek Ca. 94596 Bill Patapoff, City Engineer R.Gunther, Construction 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 Frank Martin, Senior Inspector S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, Assistant City Attorney CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.D. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 5127104 FAX NUMBER: (619) 463 -0114 COMPANY: Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF. Rob Davis SUBJECT: 03104 Citywide Slurry Seal Program, C -3647 FROM: Bill Patapoff, City Engineer FAXED BY. PHONE NUMBER: (949) 644 -3321 FAX NUMBER: (949) 644 -3308 NUMBER OF PAGES INCLUDING COVER SHEET: 1 In my fax of May 25, 2004, Bond Blacktop was informed that their slurry applications were being rejected for having failed to meet specifications, particularly the abrasion tests. Per the specifications, Bond Blacktop was directed to cease slurry operations until they could demonstrate the ability to comply with the Specifications. On May 26th a second abrasion test failed to meet specifications. Finally on May 27, a wet - track sample passed the abrasion test. Please call me at 949 - 644 -3311 to discuss Bond Blacktop's ability to guarantee meeting the specifications on any further slurry operations. Cc: R. Gunther, Construction Engineer Frank Martin, Senior Inspector Sean Crumby, Project Manager Frank Tran, Project Engineer Please Notify Sender If Transmission Is Incomplete. C FILENAME \p C CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 FAX COVER SHEET DATE: 6123104 FAX NUMBER: (619) 463 -0114 COMPANY. Bond Blacktop, Inc., 4350 Palm Av., La Mesa, CA, 91941 ATTENTION OF: Rob Davis SUBJECT. 03104 Citywide Slurry Seal Program, C -3647 Traffic Control and Safety Non - Compliance FROM: R. Gunther, Construction Engineer FAXED BY. PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET. A number of items of non - compliance have occurred and need to be corrected immediately. 1. Traffic stop bars have been slurried over without replacement within 24 hours as required by the specifications. This is a safety hazard. 2. Left turn lane closures on PCH consisted of only of one closure sign at the end of the turn pocket. No cones were in place to actually close the turn lane. This created a safety hazard. Closure was not per the WATCH manual. 3. Nearly all traffic control signs on the project are torn up and some unreadable. 4. Thermoplastic traffic striping was not removed prior to slurry application as required in the specifications. Cc: Bill Patapoff, City Engineer Frank Martin, Senior Inspector Sean Crumby, Project Engineer Frank Tran, Design Engineer Rich Edmonston, Transportation & Development Services Manager Steve Badum, Director of Public Works Please Notify Sender If Transmission Is Incomplete. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director November 18, 2004 Faxed:510- 441 -9982 & 619 -463 -0114 & Mail Ed Dillon Bond Blacktop, Inc. P. 0. Box 616 Union City, CA 94587 Subject: 2003 -04 Citywide Slurry, C -3647 Contractor Default Dear Mr. Dillon, Bond Blacktop was sent a letter of potential contractor default on September 24, 2004. The reasons for potential default included substandard work, failing to meet the scheduled completion date of June 28, 2004, and for not completing or repairing project work items. Your letter of September 27 stated that you would complete the work starting October 4, 2004 and that a schedule would follow. Work (and repairs) has not been completed and no schedule was received. The City is therefore declaring Bond Blacktop in default on the contract and hereby requests that the bonding company, Great American Insurance Company contact me, in order to step in and take over the final completion and repair of the work. Besides very marginally acceptable work throughout the project and unfinished permanent striping and other punch list items, the major deficiency included in the incomplete work was repair of ripples (washboardino) in the street slurry, particularly on Larkspur Street (but also including Poinsettia and Narcissus as well). Labelle - Marvins' review of the site and their subsequent letter of June 30, 2004 proposed corrective measures that included the use of cold milling to remove the entire slurry seal layer and replacement with slurry seal or asphalt concrete overlay. In my letters of July 8 and July 22, 2004 1 required that the rippled areas be removed from the streets (possibly by grinding or profiling) before another course of slurry be applied, and stated my concern in the July 22 letter that any attempt to fill the rippled areas with a stiff mix at a slow pace (as suggested by you) may work for awhile, but would likely separate and the ripples would then still be evident. In your letters of July 7, 22 and 26, 2004 you acknowledged that the work was unacceptable because of the ripples (and variation in color). The Greenbook specifications require that slurry shall be applied in such a manner that no ridges shall remain and that the slurry is to be uniform in color. In the above letters you stated that you would slurry over the rippled slurry with a stiff mix at a slow pace in order to resolve the problems, rather than per the City's recommendation. You stated that you were 100 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 percent confident in your procedure. You also stated that that if the re -slurry doesn't work then you would attempt the grinding of the rippled areas. Starting August 4th you did a test of your revised procedures to provide a better product. The test was successful on streets and parking lots that did not have ripples from your first slurry attempt. However, after your slurry repairs there were still ripples in the street most noticeably on the north end of Larkspur. We noted this in our punch list provided to you. Also, as we predicted, traffic wear has not improved the situation, but rather has caused separation of the materials and now the ripples remain evident in many areas of the streets, particularly Larkspur, but also including Poinsettia and Narcissus as a minimum. Bond Blacktop has made no attempt to profile, grind or repair these areas. Although you have submitted a (final) payment request for just over $100,000 ($191,793.41 has already been paid on the contract), we are not making any additional payment on your contract at this time because the cost of repair work will probably exceed $100,000 and the bonding company may require that the City hold these funds until a cost is determined to remedy the unacceptable areas. There is also an outstanding stop notice of $15,807 from Strerndahl Striping that has not been released. Bond Blacktop was given sufficient opportunity to provide an adequate product, but failed to do so and has caused their default on the contract. You may contact either R. Gunther or me at 949 - 644 -3311 if you have any questions or would like to discuss the matter. Sincerely, Bill Patapoff S City Engineer C: Great American Insurance Company, Jody Johnson; Fax; 925 -935 -9189 1350 Treat Blvd., Ste., 300, Walnut Creek Ca. 94596 Steve Badum, Public Works Director R.Gunther, Construction Engineer Frank Martin, Senior Inspector S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, Assistant City Attorney Steve Marvin, Labelle- Marvin F:\USERS\PBW\Shared\Contracts\FY03-04\03-04 CITYWIDE SLURRY C- 3647Uetter 11 -18; default.doc CITY OF NEW -PORT BEACH PUBLIC WORDS DEPARTMENT Stephen G. Badum, Director December 1, 2004 Mick Flak Fax; 720 - 493 -8193 & Mail Great American Insurance Company 7500 E. Arapahoe Road, #250 Centennial, Co. 80112 Subject: 2003 -04 Citywide Slurry, C -3647 Dear Mr. Flak, In the City's letter of November 18, 2004 to Bond Blacktop (Bond), the City declared Bond to be in default on the subject contract. Per the joint phone conversation of Tuesday, November 30, 2004 between the City Engineer, yourself, and Ed Dillon of Bond we have agreed to release the default notice at 'this time, based on Bonds guarantee of returning to complete a few minor punchlist items (attached) and more importantly to make repairs to approximately 3 streets in Corona De! Mar that have ripples in the inished surface. T;ne City agreed to make an up -to -date progress payment to Bond, which is being processed at this time. This was agreed to based on Bonds guarantee to return and repair the streets with ripples in the surface. A field meeting is scheduled for Monday, December 6 to determine the areas to be repaired. The repairs then made will need to conform to the construction documents and be acceptable to the City Engineer. Finally, it was agreed that if Bond does not satisfactorily make the repairs and complete the punchlist, that Great American Insurance will step in to have the repairs made without additional cost to the City. Please sign and return a copy of this letter to confirm your agreement with the contents of this letter. Sincerely, Bill Patapoff City Engineer Confirmation by GMA, Mick Flak 3300. Newport Boulevard - Post Office Box 1768 - Newport Beach. California 92658 -8915 Telephone: (949) 644 -3311 . Fax: (949) 644 -3318 - www.city.newpori- beach.ca.us C: Ed Dillon, Bond Blacktop, Inc., P. O. Box 616, Union City, CA 94587; Fax: 510- 441 -9982 Steve Badum, Public Works Director R.Gunther, Construction Engineer Frank Martin, Senior Inspector S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, City Attorney Steve Marvin, Labelle- Marvin; Fax: 714 -546 -5841 F: \USERS,PEW' \Shared \Con tracisl=Y CS -04\03 -04 Ci 7YWIDE SLURRY 0-36--Netter 12 -1; no default— recairs.doc 03/04 Citywide Slurry Seal Program Contract No. 3647 REVISED PUNCH LIST December 1, 2004 F. Martin General Notes: This list is for slurry re -work done in July /August 2004. Cameo Highlands: • Replace all Blue fire hydrant reflectors Cameo Shores: • Replace all Blue fire hydrant markers. • 101 & 107 Milford — remove slurry from driveways ( tire tracks ) Corona Del Mar: • Replace all Blue fire hydrant reflective dots on all streets • Larkspur — Still has ripples and is unacceptable! • Poinsettia — Still has ripples and is unacceptable! • Narcissus — May have unacceptable ripples as well. • All streets in CDM to be checked Monday Dec. 6 by contractor and City. Newport Pier Parking Lot: The new thermo plastic striping has some poor finishes that will need to be touched up. Arrows and Legends. END OF LIST. F: \USERS \PBW \Shared \Contracts \FY 03- 04 \03 -04 CIT`(W IDE SLURRY C- 3647\Revised punch list- No strikeout - decl.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director December 6, 2004 Ed Dillon Fax: 5101341 -9982 & Mail Bond Blacktop, Inc. P. O. Box 616 Union City, CA 94587 Subject: 2003 -04 Citywide Slurry, C -3647 Removal and Repair of Unacceptable Slurry Work in CDM Dear Mr. Dillon, Based on our field inspection on Monday December 6, 2004, which included you and me, along with R. Gunther and Frank Martin of the City, we agreed on a number of streets which were still unacceptable and would require removal of the slurry and remedial work to provide an acceptable product The unacceptable street areas are shown on the attached map and include parts of Iris, Larkspur, Narcissus, Poinsettia, Third and Fourth Avenues. In discussions with LaBelie- Marvin and in their letter of June 30, 2004 they stated that corrective measures may include the use of cold milling to remove the entire slurry seal layer and replacement with slurry seal or asphalt concrete overlay. In your letter of July 26` you mentioned the use of a profiler rather than cold milling if your initial attempts at slurrying over the Tipples" in the streets was not successful. Slurrying over the rippled areas was not successful. Please provide me with details of your proposed method to perform this remedial work including the amount of time needed to complete it. After approval of your procedures, we will then need to review and approve your proposed schedule for completion of the work. Sin cerely, W Bill Patapoff Pi2 City Engineer C:, Mick Flak, Great American Insurance Company, Fax; 720 -493 -8193 7500 Arapahoe Road, #250, Centennial, Co. 80112 Steve Badum, Public Works Director R.Gunther, Construction Engineer Frank Martin, Senior Inspector 3300 Newport Boulevard • Post Offlcc Boa 1768 • Newport Beach, California 92658 -8915 relephone: (949) 644 -3311 Fax: (949) 644 -3318 wwv,,.city.newport- be t(,b.ca.us S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, City Attorney Steve Marvin, Labelle- Marvin; Fax: 714 - 546 -5841 F;IUSERS\PBWkShareMContractslFY 03- 04103 -04 CITYWIDE SLURRY C- 364netter 1 2-6; remedial repairs.doc Tao�cl S�r�c uv�.as ►eRuL,^I�� StUi �yr�. / IT /12 r' el tt I NY r `.,"�' ti f ,! yr' : � ,;.,` ' ,• FIB, pr.:AVE�;- FJiOMyiU` 'M 0. Cr %F1'Yr�J,� - .fFR�li r`G71'MIN�E` Ai4.�'ry4lz�f[W . it Po(Dtr.II•. F3GF2 AIr"` �.:: SAVE- � LARi�rRO�`A>a FOJRTH AVE, - FROM MARCUEP.ITE AVE. TO POPP THIRD AV=, — FROM, HELIOTROPE AVE. TO JASMINE THIRD AVE. - FROM MARGUERITE AVZ. TO PQPPY +:CONO AV: - FRW JASMINE AVE, TO HAZEL Of DAHLIA ATC - FROM FIFTFI AVE. TO COAST HWY. "O'..OFNR00 AVE. - FROM. FOURTH AVE. TO CCF.S1 IRIS AVE. - FROM FIFTH AVE. TO COAST HWY, E ARKSPUP, AVE. - FROM FIFTH AVE, TO COAST HN MARIGOLD AVE. - FROM FIFTH AVE. 10 FOURTH A NARCISSUS A'✓< - FROV FIFTH AVE. ID COAST H ORCH:O AVE. - FF'OM FlFTr AVE. TO COAST HWY, POINTTTA AYE. - FROM FOURTH AVE TO COAST Er'" LIMITS OF SLURP.`,' SF,AL, TYPE 11 ' E, pcq�LrTngjlvrr�. rcho�al Yr. J>4LY. }J 6G (o- 2ot�J(t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FISCAL YEAR 2003 -2004 PAVEMENT REMOVAL \ \' No. 48214 Etp, i2 -31 -09 10 APPROVED A a 02/05/04 P INCIPAL L ENGINEER DATE R.0 46214 WIDTH VARIES - TYPICAL. SECTION UM(TS OF 4' PAVEMENT REMOVAL ALONG THE GUTTER ANDREP' A ?C /,%Qo P V EL -? • lARKSPOR AIr - 'ROM FffZH AVE TO E. COAST HWY • MARIGOLD Al . -- FROM FIFTH AVE. TO FOURTH AVE. • ORCHID AV- - MOM FlFTIA AVE, TO THIRD AVE. .0 -\J • POINSETTIA AVE. - FROM FO:IRTH AVE, TO E. COAST HA"/ • ISOLATED DIGOUT'i ALSO IN OTHER ARMS ' E, pcq�LrTngjlvrr�. rcho�al Yr. J>4LY. }J 6G (o- 2ot�J(t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FISCAL YEAR 2003 -2004 PAVEMENT REMOVAL \ \' No. 48214 Etp, i2 -31 -09 10 APPROVED A a 02/05/04 P INCIPAL L ENGINEER DATE R.0 46214 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Bad=, Director May 26, 2005 Mick Flak Fax; 720 - 493 -8193 & Mail Great American Insurance Company 7500 E. Arapahoe Road, #250 Centennial, Co. 80112 Subject: 2003 -04 Citywide Slurry, C -3647 Default of Bond Blacktop Dear Mr. Flak, By this letter we are requesting that Great American Insurance Company take over the closing out of this project, by making final payment to the City to cover costs of damaged street work by Bond Blacktop and to cover any outstanding Stop Notices on the Project, of which there appear to be two totaling approximately $45,000. In the City's letter of November 18, 2004 (attached) to Bond Blacktop, the City declared Bond Blacktop to be in default on the subject contract. After discussion with you and with Ed Dillon of Bond Blacktop in December it was agreed that Bond Blacktop would be given the opportunity to demonstrate that they could repair by grinding and re- slurrying the streets they had damaged with their rippled slurry. This grinding demonstration was done by Penhall on March 1, 2005 on Poinsettia Street in Corona Del Mar. The demonstration was not at all convincing that it would remedy the problems. Subsequent to that, an independent consultant, Labelle -Marvin Associates wrote a report dated April 8, 2005 (attached) that confirmed that the proposed fix of grinding and re -slurry would not remedy the problem, and that placing a new asphalt finish surface was the only way to solve the problem. The estimated cost for this work could be up to $100,000 to repave this 100,000 square feet of roadway. We sent a letter to Mr. Dillon (attached) on April 22, 2005 stating that Bond's proposed method to grind and re -slurry the street was unacceptable and that we would instead be deducting $26,250 from their contract (the amount equivalent to the cost of grinding and re -slurry — a rather generous offer on the City's part, rather than requiring Bond to repave the street at a much higher cost). We attached a final progress payment for Bond to sign that included the deduct of $26,250, but they never responded. Also, prior to our letter to Mr. Dillon, we called Mr. Dillon on his cell phone and left messages for him to urgently call us, but we got no response. On May 12 we phoned Bond Blacktop's 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 • Fax: (949) 644 -3318 www.citv.newport- beach.ca.us office in Union City where the lady said she would have Ed Dillon call us right away. We received no return phone call. As this project is nearly 8 months past its originally scheduled completion date and no work has been done for over 6 months, we request your prompt attention to this matter and to resolve all final financial issues. Please call R. Gunther at 949 - 644 -3325 as soon as possible. RPatapoffw City Engineer Attachments C: Ed Dillon, Bond Blacktop, Inc.. P. 0, Brix 616, Union City, CA 94587; Fax: 510- 441 -9982 Steve Badum, Public Works Director R.Gunther, Construction Engineer Frank Martin, Senior Inspector S. Crumby, Project Manager Frank Tran, Project Engineer Robin Clausen, City Attorney Steve Marvin, Labelle- Marvin; Fax; 714 -546 -5841 F: \USERS \PBW \Shared \Contracts \FY 03- 04 \03 -04 CITYWIDE SLURRY C- 3647 \letter 12 -1; no default -- repairs.doc - ENpr 11 05 10:21a LaBelle- Marvin, inc. 714- 546 -SB41 p -1 SOILS, ASPHALT • DESIGN15 ' • A ��'• `•III • TECHNOLOGY ,.�-PROFESSIONAL PAVEMENT ENGINEERING t -A) r -nRNIA CORPORATION Anri' 8. 2005 1VIr. R- Gunther City of- Newport Beach Public Works Department P.O. Box i 768 Newport Beach, CA 92658-S91 5 Mr. G_mn her: 4 61Vnr�ri Funk M AV L' s Seuh J J Bond B acktop -* Ir ezular S ~eet iaish %'a -ous Locations LVI Project Nc. '2046 Previous slum, seal applications by Bond Blacictop within the City" of Newport Beach_ California had been rnet with less than acceptable reviews. Based on avaiianie 1P.70rI,:atoa. Slit rev ---w and rnte'Fi s in 2-00-1. varioLls aiTe_a 3I11`e rne;hoCs of Correction were explored and disc' _,ssed. Based on ales-- discussions, rework of -va_:ous 'lnacc_— stable areas was Dt ^O'nled. 'N,-hiie the re'sxork as outlined resulted in irnorevameni of the iden.;_ed areas and .r'proved overall wore _manshi -j. ctrta_u areas rennam unacceptable. The specilC sweets are eeneraliv north of Pa c Coast i -;wav within the Co-on- Del ��ar regior. of :he City and are limited to 4 or 5 identified roa8w2ys. These roadways continue to exhibit unacceptable levels of r'ppiing and mocemtrt resul'ng in a typical 'washboard' appearance and ride characteristic. Based on this long Tern performance review; removal of the existing slurry,s --al will be required. The current conditions eliminate farther consideration of alternatives such as sweeping and long term review or use of warrantee periods to address the unacceptable conditions. The method of removal and the specific rype of resurfacing available for consideration is therefore now an item of discussion- 2700 S. GRAND AVENUE . SANTA ANA, CA 92705 -5404 . (714) 546 -3468 . FAX (714) 546 -5841 INFOCLABELLEMARVIN.COM Apr 11 05 10:21a LaBelle- Marvinnc. 714- 546 -5641 p,2 ADDI S. 2005 Pro iev Vo. ?2046 Pag= 2 Methods of Removal Cold MillinE Cold milling is often utilized to remove asphalt concrete of specific dimension and s often utilized to prepare a roadway surface for asphalt concrete overlay. The process utilizes a rotating drum with `teeth' which `chew' through the pavement leaving a rough surface suitable for bonding of the asphalt concrete overlay. The mulling operation is also utilized to modify roadway elevations permitting joining of the new surface with existing curb and gutter. The complete surface veal be rough. and may not be fully covered by reappiication Of Emulsion Ag_:ega,e S'ium' seal. Intllre wear of the seal wi,l also likely e?:Dose :he mulled surface, :esultlne In obvious aesthetic and operational chill- ..geS. 'vVInlie this process may be suitable for high speed arterial roadways. ne na.:ow roadwa-, widths. hiz- %olu:_rles of foo: tra-Tc and of course the past vear of incr. °: S]Glary 11Ke!Y G;rrnr.ish -s the SuitalJL1Ty of this repair method IGr the SaeetS 1 -1 C 1es LIOn. `n here GGId 111ng is utilized. p :aoemert cf an asphalt concrete ov-71av versus story seal is therefore recommended. Pave-,neat Grindinz Pavement C' 1 urn z -S abrasive �'i a--,n2 eGUlp ntini with a series of diamond cu- ng blades. The process is often used to add ess surface bu..,ps and .rreg•ularties along higher speed roadways, h:ghw,ays and freeways. The completed surface will be smoother than with use of Cold Milling, and may therefore be used as a weaning surface along highways with certain modifications. Such modifications,vpically include use of either a foz or slurry seal. The process is designed to provide a uniform, good riding surface, and as such is not intended for use along areas of sharp crown and cress; ope, grade breaks, short radius ve -ncal curves. etc. A specific minimum depth of grin ing must be specified. with areas or iregulari *,y o-"ound to a deeper depth :o smooth the riding aualies. LaBelle • Alarvill npr 11 OS 10:21a LaBelle- Marv;n, Inc. 714 -540 -5841 p.3 April 8, 2004 Project No. 32046 Pace 3 The existing grades and ir- egularires along the identified roadways will likely not lend well to this approach. Placement of asphalt concrete overiays will likely be necessary to address areas of wno esa e remova clue fo the roadway geometry. The opportunity to be of service is sincerely appreciated and should you have any cuestiors, kindly call. Respectfully Submitted, Steven R. Marvin RCf 30659 SPIV. is LaBelle • Marvin 1 V ir(-r5 S(vrr� re tiaJwl Yba�fr I , LIMITS OR - = ^VF_ie16VT REMOVAL ALONG Tric GUT ! \�\ ANL R ° >J q c Vg r 7 "A /I "CMC /PP VI m 1/E io+ '/ ✓ .\•r.' .<'.' rte \'` ' �Ct' f LAPY.SP'JP, AVE A'vE TO E COAST MARIGOL AV= - FROM =iFTC AVE. TO %OUP.Tn AVE. ' ORCHID AVE. - =nOM rlPTr! AV:. TO TatRD AV-- ROIN_�E'�la AVE - FROM F'7UR -- AV`. TC °_ - -a ST HWY. ! i ✓.%\' 4 % ..� 'SO�.AT -:.:. 7)GG.. _ ALSC IN CTr.c3 A2_A_` 1✓ , \ y� i as ul .. �C' - „?OF..vRSMthe 1c ^'iURYSPJR A.VEr '�; �-'\ /("'jam :=Y� i - MV.P56✓'CO � "iJ..\ "v°`, �V^. \ /' . ::\ ^, V -7' :..VE, - =, CM!hVARGJE Lam.- -- t✓c z_M VARGJ 3 _ fV� 7- _? AV< �!/nn '�S'1al �• A V;. - ROM n 'CROPS AVE. -C JASMINE AV✓ A,._ _ ___M MAPG: ER:- AV:. -D POP­ AVE G D -IOM JA =MINE A”, -C �A� DR. gpF�Sj =VE. - ,CM AVE, .0 -OAS- : -W". / Q S 4!t<� :vP_c :.Ve — QOM ='OUR:- AV' 70 - -AS- ,w�/ � �. � k: _ :ROM AVE. -O Sl _x' _ - -.n' <VE. - F70), F - 1`r. DOA_- DL: AVE - =0M ^ -- AVF TO =CUR Tr AV=. _\ SSJS ✓r. _ ZOM .r "� =V=. T -OAST rf .'. _ NL aV IY I'1,j 5 V r ru YG -,Fir: -C COA ?? : -A Ar - R7M -, <•r. _ _UAec;w .z- a -oe,% / e. _F -EA -. ..r_ it _'Mi _ „r -- .- .AVEMEIN <�MGVAL. o n CITY OF NEWPORT BEACH A'F PUBLIC WORKS DEPART, rMEN I j FFcINDFA.L`ai!L ENGINEER �A E 'FISCAL YEAR 2003-2.004- ' 46214 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 9768 NEWPORT BEACH. CA 92658 -8995 FAX COVER SHEET DATE: April 22, 2005 FAX NUMBER: (619j463-0114; 510- 441 -9982 & Mail Cv ^MFA.NY: Bond Elack.ep; Inc., 4350 Palm, Av., La Mesa, CA, 91941 ATTENTION OF: Ed Dillon SUBJECT; 03,'04 Ciz�wwide Slurry Seal Progra,'n, C -3647 Final Payment and Project Completion FROM: R. Gunther, Construction Encineer FAXED BY: PHONE NUMBER: (949) 64-1-3311 FAX NUMBER: (S49) 644-3318 NUMBER OF PAGES INCLUDING COVER SHEET: . le' c VolcE messace on yo Ur CEO G'no��e on f".'fday. A.:; rii L2. 2f,05. A—acr,ec lS c -cc Gi _ Fr'•_.'_CrCSS �.c wre,,r Jn & != ^fl rt C' ^n; -f 'j' }C;-! .. �.c..,. ,..Cn ,= c`'v :'?7E. W L'Id c'DOrc,.icc II ii Vim.: WOUIC 5; i. 8j`c 'cX it Lack io ". E at 8 .b:V TJESCc V, r: ; nl 2R , 2G c. .11i (f ClU'CES c ,^.rc✓)CUS /Y' c rcEd 'On -,Cc VmEni' for SIL'ri y for N21:'S or '6 Si cEiS in t;%IVI (�G;Gb(J CE�UC.'. l now oISO irc.'UO-_�S a tr-dUCIIo(i cf Sv.20 per SC. it in lieu of Cold .miilincl�rneinC i.nfose Sheets. w(',i&'' wOL CC ° ^' �ld DE c^ ;, na ...c �iE ;n CCr" ✓5r, /E!?C :`G i?;E 'aSICE niS and iEc' ✓° 5 pfOCUG ::1 inlcnCY cUcilT ✓. (S201 OGG deduct) This payment acrcement Will callow me iG flie for the nOUce {of COm,Cie'icn, and make the ,CcI,n,ent d2 vs ci�Erthe NO C. — /A4 ;SC, Essaminc teal tere are n0 Slop nOt.C_=S OUZS:anoinc — ft�ere may be one for 539,000 from 'he St: per Stemdahl which you may need t0 obtain a re(Eese ,"or;. C-unzher Cc: Steve Bacur, p. !ic'dkicr' <� air c:cr .Bill ?2I2Cci:, City E ^gineer Frank Mar-in, Senior insoector Seen Crumby. Project Engineer Frank Tr2r, Design Engineer Ple=a Nciiiy Sender If Transmission is Incomplete. F ;ecuzlec D; *or _e:et -ee 3alc :z 3wc oe:e!ec 3:vc Dec *jc :ec .t ci <c na• c..� :nz - • , �a!r_a naxe= Oar ant 83E.4325i Tess Nc. Qc;.Oum NOS: �c_BGcC _Scc -6CmC. Total S1c• ?6 757 Senc' Favmem t.: `_10= 4'`2989 Bono Biacktoo inc. 0)1110'. :iiV. ter"- 54cBi RRE`/ICUS ?.4YMEN AMCUN- DUE DONS -RUC iOt, ENGINE =F. CI-:' ENGINEER' PUELIC WORKS DIRE :TCk 55- 04 \C3-J< a 'WIDE SLURRY ; 3557LFROGRESS PAYMENTS & CIANGE S2Ee.05E.89 SC DD OF CITY OF NEWPORT BEACH °i�eWPJp PROGRESS PAYMENT Contract No. 3047 ? °5 - =inai ?RCJE- -, Zity -wide Slurry Seai ?rogram 2003 -2004 �AYMENT.N--.: Retention DiDGE-7 NUMBERS SE °_ 3cCW ?AGE: 1 OF 1 ORIG. CON -. • AC, S35 ?.097.50 =)�� R?,S :S38.C3LS ij DA-: a-,,?r NOC ENC"' MaRANCE NJ. -75100011 % OF TOTAL -Z-1.4E% TOTAL: $252.066.89 OOMF_E -ION DA -B: r I — TrliS ?ERICD I -C,-AL T [ DA%t OcSCR1FT{ON (COnasz) cS.,4MT.j' --W-Sj 81D ?RICE AM- E4RNED AM- E.4RNEO 1 IMOOiiiLauon I S ! 9 ,50C.00i I 90 ^% $6.60C.00 -rarilc Control l: i -S K.100.00 i 60 % 58 a60.00 3 -voe ! $luny See,: i 249.000 I 5F 1 0.06j 1 ! ,32 159 i S2G, ?9i.44 4 Igoe 11 Slum, Sea :.360.000 SF i 0.06i .,_.2.'40 i 576.<gE.CE 6 �A.sonait Ruooe^ ec Sum, Seal ioeietedl 1 49C.000 ! SF 1 0.12j i 0 50.0'i 6 ICa: Seaiinc t LS ?.350.00f 100% 37,350.0- 7 I Recarsm=-zverneM 2.000 SF ^.45i E '- �fic SIDCIr1c & Mancmc for Rcu ays ;Z - • S <8._ ^^ -6.00. j 30% I S'•< tsz,50 _ _ aiuc SIDnOC & Marx= io. Faminl - 39.00i COC °o 3- CSS.JC SJOip:a: hoc- a�C ?C ::Z,- - Slum' ior P.coe[ `=c _c!5 'fire sa.et:i 9'4:C SF ' -.D62C is :c —.= 320 -804G„ c _ 53- ac4oveares: v..� -. -a112e `.Nc: _'a Cri -355 AStS (`M: _6 -._ 6.�C �. •e :3 <,?,6.) :� DeduC r ecair -esz vaiue!mi!I`Onnd:or - =sartia, .Nar-SsCs, 7hirC. Larkspur. irs Fourth; Siurry Z�os: 100A00 SF - 0.0625 102.000 (S6,_5C.00j :Oid Mill)Grinc Cos; 100.000 S= - 0._'000 100,000 ;52 ^_,OOC.DO) ;ecuzlec D; *or _e:et -ee 3alc :z 3wc oe:e!ec 3:vc Dec *jc :ec .t ci <c na• c..� :nz - • , �a!r_a naxe= Oar ant 83E.4325i Tess Nc. Qc;.Oum NOS: �c_BGcC _Scc -6CmC. Total S1c• ?6 757 Senc' Favmem t.: `_10= 4'`2989 Bono Biacktoo inc. 0)1110'. :iiV. ter"- 54cBi RRE`/ICUS ?.4YMEN AMCUN- DUE DONS -RUC iOt, ENGINE =F. CI-:' ENGINEER' PUELIC WORKS DIRE :TCk 55- 04 \C3-J< a 'WIDE SLURRY ; 3557LFROGRESS PAYMENTS & CIANGE S2Ee.05E.89 SC DD OF