HomeMy WebLinkAboutAGENDA REPORT 2004 0303 CC REG ITEM 10HTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
inm 10
Deborah S. Traffenstedt, ATCM /City Clerk
February 25, 2004 (CC Meeting of 3/3/04)
SUBJECT: Consider Settlement and Mutual Release Agreement
between City and Roy Allan Slurry Seal, Inc., for the
2003 Slurry Seal Project and Claim Filed on February
2, 2004
BACKGROUND AND DISCUSSION
The City entered into an Agreement with Roy Allan Slurry Seal,
Inc., on May 30, 2003, for the 2003 Slurry Seal Project. The
Notice of Completion was recorded on October 1, 2003.
On February 2, 2004, a Claim for Damages was received by the
City Clerk from Roy Allan Slurry Seal, Inc., pursuant to Chapter
1 (commencing with Section 900) and Chapter 2 (commencing with
Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code requesting payment of $43,965.07 (and made
reference to additional interest charges).
A final payment for billed charges for the 2003 Slurry Seal
Project had not been made by City, due to a disagreement
regarding the definition of an "Extra Long Ton" (ELT) of slurry
seal. In a letter to Roy Allan Slurry Seal, Inc., dated February
12, 2004 (copy attached), the City's Public Works Director
proposed resolution of the claim and payment based upon the
actual amount of aggregate applied for an amount totaling
$45,607.48, which includes payment for one change order and
release of the retentions.
A representative for Roy Allan Slurry Seal, Inc., has verbally
stated that they concur with the settlement amount of
$45,607.48, and the City Attorney has been requested to prepare
the settlement and mutual release agreement. Authorization is
requested for the City Manager to sign the settlement and mutual
000109
Honorable City Council
March 3, 2004, Regular Meeting
Page 2
release agreement between the City and Roy Allan Slurry Seal,
Inc. A warrant for the settlement amount of $45,607.48 is
included on the consent calendar for the March 3 meeting.
STAFF RECOMMENDATION
Authorize the City Manager to sign a settlement and mutual
release agreement for the amount of $45,607.48, with final
language of the agreement to be approved by the City Attorney
and City Manager.
Attachment: Letter from Public Works Director dated 2/12/04
000110
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
;I;
February 12, 2004
Roy Allan Slurry Seal
Att: Roy Allan
11922 Bloomfield Avenue
Santa Fe Springs, CA 93021
SUBJECT: 2003 Slurry Seal Project
Measurement and Payment of Slurry Seal Material
Dear Mr. Allan:
In a recent discussion with Mr Coover, Chairman of the Asphalt Task Force for the
Greenbook Committee, I was made aware of the fact that the definition of an Extra Long
Ton [ELT] of slurry seal set forth in the 2000 edition of the Standard Specifications for
Public Works Construction [ "Greenbook "] should be 2,000 pounds of dry aggregate
(plus additives), not 2,200 pounds. [Note: This is also true for the subsequent 2003
Edition of the Greenbook]. Accordingly, I will be recommending that the approved
quantity of slurry for the subject project be 2,128.5 ELTs (based on a 2,000 ELT, not the
previously calculated 1,935 ELTs (based on a 2,200 ELT). Enclosed is a copy of the
final Progress Payment Authorization based on this revised calculation.
It should be noted that during the construction of the project, the City's inspectors
calculated the spread rate for the slurry laid each day, in order to assure that the slurry
thickness was correct. The goal we were shooting for was 1,800 sf per ELT — the
approximate mid -point of the range set forth in the Greenbook'. The then calculated
spread rate was 1,757 sf /ELT2200 I have been advised by Mr. Coover that the spread
rate set forth in the 2000 Edition of the Greenbook was calculated for 'a 2,000# -ELT."
The revised spread rate calculation based on an ELT2000 is, therefore, 1,565 sf per
ELT2000.3 — a figure at the low end of the range. Although this error in the Greenbook
caused the slurry to be applied thicker that the City desired, this miscalculation was not
the fault of your firm. I believe, therefore, that payment should be made based upon the
actual amount of aggregate applied [2,128T of aggregate or 2,128 ELT20001.
` The spread rate for Type II slurry set forth in Section 302 -4.3.1 if the Green Book is 2,120 sf to 1,555 sf per ELT.
2 2,128T x 2,000 / 2,200 = 1,935 ELT22oo. 3,330,939 sf / 1935 ELT2200 = 1,757 sf/ELT2200•
3 3,330,939 sf / 2,128 ELT2. = 1,565 sf /ELT2000. 000111L
Slurry-0402
PATRICK HUNTER JANICE S. PARVIN CLINT D. HARPER ROSEANN MIKOS KEITH F MILLHOUSE
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
Slurry Seal 2003
February 12, 2004
Page 2
It is unfortunate that the error in the Greenbook created this problem. I am pleased,
however, that I was finally able to obtain the information I needed from the Greenbook
Committee necessary for me to make the above analysis and judgment.
By copy of this letter I am asking the City Clerk to seek a Release of Claim from your
firm so that we may process your final payment for the full amount remaining on the
contract, based on an ELT2000.
If you should have any questions about the matters discussed herein, please feel free to
call me at 517 -6255.
Sincerely
Kenneth C. Gilbert
Director of Public Works
cc: Steven Kueny, City Manager
Deborah Traffenstedt, City Clerk
Brad Miller, City Engineer
Walter Brown, Assistant City Engineer
Bob Morgenstern, Pubic Works Supervisor
slurry_0402 0001i P.
City of Moorpark
2003 Slurry Seal Project
6- Feb-04
Progress Payment Authorization
P O Number. 20020209
Page 1 of 1
Payment No. Final Payment 8 Retention Release
Roy Allen Slurry Seal
Total
Contract Price
This Payment
Total To Date
Item Description
Qty
Units Unit Pnce $ Total ($)
Qty
Total ($)
Qty
Total ($)
1 Mobilization
1
LS
1,500.00 1,500.00
0.00
0.00
1.00
1,500.00
2 Traffic Control
1
LS
2,500.00 2,500.00
0.00
0.00
1.00
2,500.00
3 Public Notice
1
LS
700.00 700.00
0,00
0.00
1.00
700.00
4 Crack Sealing
1
LS
23,000.00 23,000.00
0.00
0.00
1.00
23,000.00
5 Type li Slurry Seal
1,832
ELT
99.54 182,357.28
193.50
19,260.99
2,128.50
211,870.89
6 8" Solid White Line [#5]
4,900
LF
0.75 3,675.00
0.00
0.00
80.00
60.00
7 12" Solid White Line [#8]
1,894
LF
1.80 3,409.20
0.00
0.00
2,771.00
4,987.80
8 Wds / Sym [ #10 - STOP]
121
EA
85.00 10,285.00
0.00
0.00
121.00
10,285.00
9 Wds / Sym [ #10 - Bike Lane]
12
EA
55.00 660.00
0.00
0.00
4.00
220.00
10 4" Solid Yellow Centerline [ #11]
2,500
LF
0.65 1,625.00
0.00
0.00
2.500.00
1,625.00
11 12" Solid Yellow X -walk [ #16]
80
LF
2.10 168.00
0.00
0.00
215.00
451.50
12 Wds / Sym [ #23 - S. Child. Ahd]
2
EA
270.00 540.00
0.00
0.00
2.00
540.00
13 Wds / Sym 1#23 - Dir Wht Arrow]
12
LS
55.00 660.00
0.00
0.00
2.00
110.00
14 Release
1
LS
1.00 1.00
0.00
0.00
1.00
1.00
15 Parking Lots
1
LS
8,674.70 8,674.70
0.00
0.00
1.00
8,674.70
Sub -Total
239,755.18
19,260.99
266,525.89
Change Orders
1.00
1,620.00
1.00
1,620.00
Total Change Orders
1,620.00
1.620.00
Total 239,755.18
Total
20,880.99
268,145.89
Recommended By:
Less Ret.
(2,088.10)
0.00
Sub -Total
18,792.89
268,145.89
Approved BY
Less Pr Pmt
(222,538.41)
Total Due
45,607.48
Remarks:
Accounting
_ -Fund
-.t_
Park
Account Number__.
LTF
2603.8310.8002.9640 W -�
20,880.99
259.471.19
Mt Meadow
2400.7800.7810.9103
0.00
1,995.18
Poindwdor
2400.7800.7801.9103
0.00
2,775.90
Pch Hid
2400.7800.7808.9103
0.00
3,903.62
20,880.99
268,145.89
0001.1 -.3