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