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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: James Funk
ORIG/:#', :L
Dept: Development Services
Date: May 15, 2001
File: 7.30-14
MCC Date: 05/21/01
Subject: Cancellation of the contract with Avila
Construction for street improvements of Art
Townsend Drive and Otto Gericke Drive at the San
Bernardino International Airport per Plan No. 9479,
authorization to pay approximately $30,300 to Avila
Construction for work completed, authorization for
direct purchase of the 12" and 16" water line pipe
and fittings currently stored at the site for an
estimated amount of $125,000 subject to verification
of actual vendor invoice and reasonable handling
costs, authorization for staff to rebid the project, and
authorization for staff to submit to binding
arbitration.
Synopsis of Previous Council Action:
See page 2.
Recommended Motion:
1. That the Mayor and Common Council cancel the contract with Avila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479, under provisions of Section 6-4 "Default by
Contractor" of the Standard Specifications; and
2. That the Mayor and Common Council authorize payment of approximately $30,300 to Avila
Construction for work completed and authorize direct purchase of the 12" and 16"water line
pipe and fittings currently stored at the site for an estimated amount of $125,000 subject to
verification of actual vendor invoice and reasonable handling costs, authorize staff to accept
and process additional claims for valid costs and damages as allowed by the Contract, if any,
from Avila Construction, and authorize staff to rebid the project per revised Plan No. 9479;
and
3. That the Mayor and Common Council authorize Staff to submit to binding arbitration with
Avila Construction, Inc. and Sanborn Pipeline to resolve extra work and claims for alleged
delay costs not resolved in item 2 above.
~J~::::
Contact person: Michael Grubbs. Field Engineer
Phone:
5179
Ward: 1
Supporting data attached: Staff Report and Exhibits "A" -" J"
FUNDING REQUIREMENTS: Amount: Approx. $170,000
Source: (Acct. No.) 242-362-5504-7093
s!iJ}I/
AgendaItem~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Synopsis of Previous Council Action:
5/5/97 Resolution No. 97-121 was adopted authorizing the Mayor to execute a Grant application to The
United States Department of Commerce, Economic Development Administration for the improvement at
Mill Street from Lena Road to Tippecanoe Avenue, Otto Gericke Drive and Art Townsend Drive.
6/5/97 Allocated $1,287,500 for Mill Street improvement in Account No. 242-362-5504-7106.
7/10/00 Allocated $634,800 for Art Townsend, Otto Gericke Drives realigoment as part of the FY 2000/01
CIP budget.
8/21/00 Approval of Plan and authorization to advertise for bid.
12/18/00 Authorized Director of Finance to amend the FY 2000/01 budget to increase the expenditure
budget (Account No. 242-362-5504-7093) by $177,200 and adopted Resolution No. 2000-357 awarding
construction contract to A vila Construction.
03/26/01 Continued to MCC meeting of 04/02101.
04102/01 Continued to Mayor and Common Council meeting of 04/16101
04/16/01 Continued to Mayor and Common Council meeting of 05/07/01.
05/07/01 Continued to Mayor and Common Council meeting of OS/21/01
Staff Report
Subject:
Cancellation of the contract with A vila Construction for street improvements of Art Townsend
Drive and Otto Gericke Drive at the San Bernardino International Airport per Plan No. 9479,
authorization to pay approximately $30,300 to Avila Construction for work completed,
authorization for direct purchase of the 12" and 16" water line pipe and fittings currently stored at
the site for an estimated amount of $125,000 subject to verification of actual vendor invoice and
reasonable handling costs, authorization for staff to rebid the project, and authorization for staff to
submit to binding arbitration.
Background:
On December 18, 2000, the City entered into a Contract with Avila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International
Airport (SBIA), per Plan No. 9479, for the contract amount of $692,191.50 pursuant to the public
bid process wherein the bids were received on November 21, 2000. The submitted bids ranged
from $692,191.50 to $1,043,017.75.
At a special meeting on March 26,2001, staff was directed by the Mayor and Common Council to
once again try to reach an agreement with Avila Construction to proceed with the revised project,
necessitated by the Hillwood Strategic Services development plans, utilizing an "independent third
party engineer" to assist both parties in reaching an agreement.
A third party firm was selected and agreed to by both City staff and Avila Construction, and an
introductory meeting was held on March 29, 2001. A letter from the third party engineer, Trans
Tech, Inc., is attached to the staff report outlining the information requested of both parties at the
meeting in order for him to be able to proceed with his evaluation. The information referenced in
the letter is absolutely necessary in order to assess the actual costs as prescribed by the Contract
and the Standard Specifications for Public Works Construction (included in the contract), and in
-2-
Staff Report - continued
order for the City and IVDA to seek proper reimbursement from the Federal Economic
Development Agency for said costs.
To date, the information has not been provided by Avila Construction (see letter dated April 3,
2001, Exhibit "D").
A detailed discussion of the issues and steps taken by staff in the past month to resolve this matter
are described in Exhibit "A" attached.
At its meeting of May 7, 2001, the Mayor and Common Council directed that staff "engage in
non-binding arbitration with Avila Construction and a mutually agreed upon third party arbitrator
in an effort to resolve those issues on which the contractor and the City disagree, with the cost of
the arbitrator to be shared equally between A vila Construction and the City; and that the matter be
brought back to the Mayor and Council meeting of May 21, 2001."
Staff attempted to arrange for non-binding arbitration with a mutually agreed upon third party,
however, a letter dated May 10, 2001, (See Exhibit "J" attached) was received from Wacy
Armstrong, Jr., Attorney for Avila Construction, indicating that Sanborn Pipeline, subcontractor
for A vila Construction, was unwilling to participate in non-binding arbitration and, as a result,
Mr. Armstrong feels that non-binding arbitration will not produce a final resolution of the matter.
Instead Mr. Armstrong is demanding that the City, Avila Construction, and Sanborn Pipeline
engage in binding arbitration from the American Arbitration Association in accordance with the
Construction Industry Arbitration Rules.
Although binding arbitration will produce a fInal resolution of this matter, it may subject the City
and IVDA to payment of a large sum of money for alleged delay costs that cannot be justified
under the terms of the contract because it is unlikely that the selected arbitrator would be
experienced with Public Works contracts and the "Green Book". If such an obligation is incurred
by the City, the monies may not be reimbursable from the Federal Economic Development
Administration (Fed EDA) and will, therefore, have to be funded from the City's and IVDA's
budgets.
A vila Construction has not proceeded in good faith with this project as evidenced in Exhibits "A"
through "J" attached hereto and has ignored written direction from the Engineer to return to work.
Under the provisions of Section 6-4 "Default by Contractor" of the Standard Specifications, the
City can cancel the Contract with Avila Construction, however, the Contractor is entitled to
receive payment for actual verifiable costs allowed by the Contract which have been incurred to
date on the project.
Cancellation of the Contract with Avila Construction will allow us to proceed with rebidding the
work and will assure reimbursement of costs from Fed EDA. Additionally, it will assure that
IVDA can meet Hillwood Strategic Services' needs for development of the property in the vicinity
of Art Townsend Drive and Otto Gericke Drive.
-3-
Staff Report - continued
Staff has been instructed by the City Attorney's Office to prepare a counter claim of costs incurred
by the City and IVDA as a result of Avila's refusal to proceed in good faith on this project. The
counter claim will be presented during the arbitration hearings.
The arbitration process may require between 3 and 6 months to complete, however, City Staff will
proceed with rebidding the project so as to meet deadlines being imposed by Hillwood Strategic
Services and Fed EDA. The current deadline from Fed EDA to complete construction funded by
grant monies is August 16, 2001. Failure to meet that deadline may result in termination of the
award by Fed EDA. Additionally, any settlement that cannot be supported by actual
documentation may not be reimbursable under terms of the award.
Financial Impact:
Funds are available in Account No. 242-362-5504-7093 to cover the cost to compensate the
Contractor.
Staff contacted the Federal Economic Development Representative, Paul Weldon, and he
confirmed that verifiable delay costs, as well as material purchases, would be reimbursable
provided the City could produce adequate justification and documentation. However, an arbitrated
settlement that cannot be justified by actual costs incurred by the contractor may not be
reimbursable.
Recommendation:
I. That the Mayor and Common Council cancel the contract with Avila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479, under provisions of Section 6-4 "Default by
Contractor" of the Standard Specifications; and
2. That the Mayor and Common Council authorize payment of approximately $30,300 to Avila
Construction for work completed and authorize direct purchase of the 12" and 16"water line
pipe and fittings currently stored at the site for an estimated amount of $125,000 subject to
verification of actual vendor invoice and reasonable handling costs, authorize staff to accept
and process additional claims for valid costs and damages as allowed by the Contract, if any,
from Avila Construction, and authorize staff to rebid the project per revised Plan No. 9479;
and
3. That the Mayor and Common Council authorize Staff to submit to binding arbitration with
Avila Construction, Inc. and Sanborn Pipeline to resolve extra work and claims for alleged
delay costs not resolved in item 2 above.
-4-
EXHIBIT "A"
ISSUES AND REASONS:
A. The contractor left the job site claiming that the project has been changed.
By abandoning the job site, the Contractor is in violation of the Contract Specifications
as explained below:
The Contractor abandoned the job site instead of proceeding with the project and
claiming change orders and delay costs if his operation was slowed down or the
cost of the work had increased due to significant changes in work or utility
conflicts.
Greenbook (Standard Specifications for Public Works Construction, 2000
Edition), Section 3 covers "Changes in Work" and provides the necessary
process and requirements to be followed by the City and Contractor. Per
Section 3-2 of the Greenbook, the Agency may change the Plans, Specifications,
character of work. or quantity of work, and pay the contractor based on the
following methodology:
a. If the total arithmetic dollar value of all such changes, both
additive and deductive, does not exceed 25 percent of the
Contract Price, the changes are handled with Change Orders.
b. If the 25 % limitation is exceeded, the change shall be by means
of a written Supplemental Agreement between the Contractor and
Agency, unless both parties agree to proceed with the change by
Change Order.
For reference, the following is the text as included in the Greenbook on this
subject:
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications. character of
work, or quantity of work provided the total arithmetic dollar value of all such
changes, both additive and deductive, does not exceed 25 percent of the
Contract Price. Should it become necessary to exceed this limitation, the
change shall be by written Supplemental Agreement between the Contractor and
Agency, unless both parties agree to proceed with the change by Change Order.
B. The Contractor wants a different unit price for contract items, which have changed in
quantity. The Contractor cannot demand an arbitrary increase in the unit prices
because the quantities have changed.
The payment for changed quantities are established based on the following methodology
per the Greenbaok:
Page lof8
EXHIBIT "A"
In the case of an increase or decrease in a bid item where the total change is not
in excess of 25 percent of the total cost of such item, the payment will be based
on the original Contract Unit Price. Adjustments in excess of 25 percent may
be done by extension of Contract Unit Prices, or per Agreed Prices, and if no
agreement is reached, the Contractor is required to perform the work and submit
its cost claim to the City as described in Section 3-3.2.2 which describes the
basis for establishing costs for extra work.
For reference, the following is the text as included in the Greenbook on this
subject:
3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work
covered by a Contract Unit Price, and such change does not involve a
substantial change in character of the work from that shown on the Plans
or included in the Specifications, then an adjustment in payment will be
made. This adjustment will be based upon the increase or decrease in
quantity and the Contract Unit Price.
In the case of such an increase or decrease in a bid item, the use of this basis for
the adjustment of payment wilI be limited to that portion of the change, which
together with all previous changes to that item, is not in excess of 25 percent of
the total cost of such item based on the original quantity and Contract Unit
Price. Adjustments in excess of 25 percent may be done by extension of
Contract Unit Prices as described above, or pursuant to subsection 3-2.2.3.
3-2.2.2 Agreed Prices. Adjustments in payments for change other than
those set forth in 3-2.2.1 and 3-2.2.2 will be determined by agreement
between Contractor and Agency. If unable to reach agreement, the
Agency may direct the Contractor to proceed on the basis of Extra Work
in accordance with 3-3.
C. The Contractor wants payment for any deleted work items to include future profit
(especially for the waterline, the Contractor stated at the March 29, 2001 meeting with
the City that the water contractor would have made 50% profit ifhe had done the entire
water line work).
Per the Greenbook, for the deleted contract items, the City shall only pay actual costs
incurred prior to notification of such deletion.
For reference, Greenbook Section 3-2.2.1, last paragraph of this Section on Page 16
states:
Page 2 of8
EXHIBIT "A"
Should any Contract item be deleted in its entirety, payment will be made only
for actual costs incurred prior to notification of such deletion.
D. The Contractor requests payment in excess of $200,000 for 5 weeks of alleged delays
and higher unit prices for work items where quantities have changed, without
providing any required back-up for his claim and cost increases in unit bid prices.
It should also be noted that during this period (actually 3 weeks), there were 6 working
days and 9 non-working days due to rain. During the same period, Mr. Avila and his
crew also worked as a sub-contractor on another City job a total of 3 of the working
days and they made no attempt to continue working on this job.
The City cannot consider any arbitrary cost claims without the required back-up
documentation. Please note that the funding for this project is a grant from the Federal
Economic Development Agency (Federal EDA) via the Inland Valley Development
Agency (IVDA). Payments made contrary to the contract (and standard industry
practice for public works projects) are not likely eligible for reimbursement. Section 3
of the Greenbook, explains in detail the methodology to account for costs. The basis
for establishing costs are:
Labor costs, which is the actual cost of wages of workers performing the extra
work.
Material costs used for the extra work.
Costs for tools and equipment used for the extra work.
Vendors' invoices for material, equipment rental and other expenditures, which
shall be submitted with the request for payment for extra work.
Subcontractor costs
Reasonable markup
The Contractor has failed to submit required information to substantiate its extra costs
for alleged delay and quantity changes.
For reference, the following are various sections of text as included in the Greenbook
on this subject:
3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as "extra work" when
the Engineer determines that it is not covered by Contract Unit Prices or
stipulated unit prices.
3-3.2.2 Basis for establishing Costs.
(a) lAbor. The costs of labor will be the actual cost of wages of workers
performing the extra work at the time the extra work is done, plus employer
payments of payroll taxes, workers compensation insurance, liability insurance.
Page 3 of8
EXHIBIT "A"
health and welfare, pension. vacation, apprenticeship funds. and other direct
costs, resulting from Federal, State, or local laws. as well as assessments or
benefits required by lawful collective bargaining agreements.
Labor costs for equipment operators and helpers shall be reponed only when
such costs are not included in the invoice for equipment rental. The labor cost
for foremen shall be proportioned to all of their assigned work and only that
applicable to extra work will be paid.
Non-direct labor costs. including superintendence. shall be considered part of
the markup of Section 3-3.2.3 (a).
(b) Materials. The cost of materials reponed shall be at invoice or lowest
current price at which such materials are locally available and delivered to the
job site in the quantities involved. plus sales tax. freight. and delivery.
(c) Tools and Equipment Rental. Regardless of ownership. the rates to be used
in determining equipment rental costs shall not exceed listed rates prevailing
locally at equipment rental agencies, or distributors. at the time the work is
performed.
If equipment is used intermittently and. when not in use, could be returned to its
rental source at less expense to the Agency than holding it at the Work site, it
shall be returned, unless the Contractor elects to keep it at the work site, at no
expense to the Agency.
(e) Invoices. Vendors' invoices for material, equipment rental and other
expenditures shall be submitted with the request for payment
3-3.2.3 Markup.
(a) Work by Contractor. Unless otherwise provided in the Special Provisions. a
reasonable allowance for overhead and profit shall be added to the Contrador's
costs as determined under 3-3.2.2 and shall constitute the markup for all
overhead and profit on work by the Contractor. The Contractor shall also be
compensated for the actual increase in the Contractor's bond premium caused
by the extra work.
(b) Work by Subcontractor. When any of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the
Subcontractor's costs as determined under 3-3.2.2. Unless otherwise provided
in the Special Provisions, a reasonable allowance for the Contractor's overhead
and profit shall be added to the sum of the Subcontractor's costs.
Page 4 of 8
EXHIBIT "A"
E. Section 3-4 of Greenbook covers the requirements that the City and Contractor must
comply for changed conditions as follows:
If the Engineer determines that the conditions are changed and will materially
affect costs, a Change Order will be issued adjusting the compensation for such
portion of the Work in accordance with 3-2.2.
If the Engineer determines that conditions are changed conditions and they will
materially affect performance time, the Contractor, upon submitting a written
request, will be granted an extension of time subject to the provisions of Section
6-6.2.
If the Engineer determines that the conditions do not justify an adjustment in
compensation, the Contractor will be notified.
If the Contractor disagrees with the decision, it may submit a written notice of
potential claim to the Engineer. In the event of such dispute. the Contractor
shall not be excused from any scheduled completion date provided by the
Contract and shall proceed with all work to be performed under the Contract.
Despite the City's several requests to proceed with the work, and instead of complying
with the requirements of contract specifications and proceeding with the work, the
Contractor abandoned the job site, and, therefore, is in violation of the contract.
For reference, the following are various sections of text as included in the Greenbook
on this subject:
If the Engineer determines that the conditions are changed conditions and will
materially affect costs, a Change Order will be issued adjusting the
compensation for such ponion of the Work in accordance with 3-2.2. If the
Engineer determines that conditions are changed conditions and they will
materially affect peiformance time, the Contractor, upon submitting a written
request, will be granted an extension of time subject to the provisions of 6-6.
If the Engineer determines that the conditions do not justify an adjustment in
compensation. the Contractor will be notified in writing. This notice will also
advise the Contractor of its obligation to notify the Engineer in writing if the
Contractor disagrees.
Should the Contractor disagree with the decision, it may submit a written notice
of potential claim to the Engineer before commencing the disputed work. In the
event of such dispute, the Contractor shall not be excused from any scheduled
completion date provided by the Contract and shall proceed with all work to be
performed under the Contract. However, the Contractor shall retain any and all
rights provided by either Contract or law which penain to the resolution of
Page 5 of8
EXHIBIT "A"
disputes and protests between the contracting parties. The Contractor shall
proceed as provided in 3-5.
F. As stated in Section 3-5 of Greenbook regarding Disputed Work, in the event the
Contractor and the Agency are unable to reach agreement on disputed work, the
Agency may direct the Contractor to proceed with the work.
Despite the City's several requests to proceed with the work, Avila Construction
refused to comply with the City's direction.
For reference, the Greenbook Section 3-5 on Page 18 and 19 states:
3-5 DISPUTED WORK. If the Contractor and the Agency are unable to reach
agreement on disputed work. the Agency may direct the Contractor to proceed
with the work. Payment shall be as later determined by mediation or arbitration,
if the Agency and Contractor agree thereto, or as fixed in a coun of law.
Although not to be construed as proceeding under extra work provisions, the
Contractor shall keep and furnish records of disputed work in accordance with
3-3.
G. The Contractor claims that due to conflicting utilities, the work scope has changed and
he will not proceed with the work unless he is paid for this alleged delay and, in
addition, wants an increase in unit bid prices.
The contractor is in violation of the Contract Specifications by abandoning the job site,
instead of proceeding with the project and accounting for his alleged extra costs as
explained above.
Conflicts with utilities is covered in Section 5 of the Greenbook, which provides
specific clear directions and methodology that need to be followed by the Contractor in
case of utility conflicts as follows:
As stated in Section 5-2 of the Greenbook, the Contractor is required to inform
the Engineer upon learning of the existence and location of any utility omitted
from or shown incorrectly on the Plans, the Contractor shall immediately notify
the Engineer in writing. When authorized by the Engineer, support or
protection of the utility will be paid for as provided in 3-2.2.3 or 3-3 (explained
above).
For reference, Greenbook Section 5-2, third paragraph of this Section on Page
22 states:
Upon learning of the existence and location of any utility omitted from or
shown incorrectly on the Plans. the Contractor shall immediately notify
Page 6of8
EXHIBIT "A"
the Engineer in writing. When authorized by the Engineer. suppon or
protection of the utility will be paid for as provided in 3-2.2.3 or 3-3.
As stated in Section 5-5 of the Greenbook, the Contractor may be given an
extension of time for unforeseen delays attributable to unreasonably protracted
interference by utilities in performing work correctly shown on the plans.
For reference, Greenbook Section 5-5, third paragraph of this Section on Page
23 states:
The Contractor may be given an extension of time for unforeseen deloys
attributable to unreasonably protracted interference by utilities in
performing work correctly shown on the plans.
Section 5-5 of the Greenbook also states that the Contractor is required of
judicious handling of his forces, equipment, or plant in the event of a delay. If
the Contractor sustains loss due to delays relating to utilities, and the Contractor
could not avoid the loss by the judicious handling of forces, equipment, or
plant, the Contractor would be paid an amount for his actual loss, which the
Engineer may find to be fair and reasonable.
The Contractor is claiming costs for the delay based on his future profits, loss of
production, potential profits he might have realized, and other unknown and
unexplained factors, and without any back-up of such costs.
For reference, Greenbook Section 5-5, third paragraph of this Section on Page
23 states:
If the Contractor sustains loss due to delays attributable to interference.
relocations. or alteration not covered by 5-1. which could not have been
avoided by the judicious handling of forces. equipment. or plant. there
shall be paid to the Contractor sllch amount as the Engineer may find to
be fair and reasonable compensation for such pan of the Contractor's
actual loss as was unavoidable and the Contractor may be granted an
extension of time.
H. In addition to many attempts to resolve the above issues by City staff, Mr. Ali Cayir,
the agreed on "third party engineer", requested the back-up information from Mr.
Avila on several occasions for his claims. Mr. Avila has not submitted any back-up
information. The following is a summary of Mr. Cayir's attempts to request the back-
up documentation:
At the March 29, 2001 meeting, Mr. Cayir explained to Mr. Avila that in order
to review the extra cost claims Mr. A vila must submit backup documentation
and breakdown of the costs, including time cards, certified payroll, invoices
from suppliers, vendors, equipment rental places, receipts for expenses, labor
Page 7 of8
EXHIBIT "A"
rates paid, overhead costs, and all other documentation. Mr. Cayir pointed out
to Mr. Avila that he should follow Project Specifications and applicable Sections
of the Standard Specifications for Public Works Construction (Greenbook) on
which the project specifications are based.
Mr. Cayir spoke again with Richard Avila on April 4, 2001 to find out if the
requested back-up documentation was ready for his review. Mr. Avila indicated
that his waterline sub-contractor and he were working on gathering the
documentation and may have it next week.
In his April 9, 2001 letter, Mr. Cayir again requested the information from Mr.
Avila, and also provided applicable excerpts from the Greenbook to assist Mr.
Avila to better understand the applicable requirements of the Greenbook.
On April II, 200 I, the City of San Bernardino faxed to Mr. Cayir a letter from
Mr. Avila's attorney (dated April 10, 2001), which provided a spreadsheet of
various extra costs. Mr. Cayir reviewed the letter and attached 2 pages of
spreadsheets. In his April 18, 21001 letter, Mr. Cayir stated that the letter did
not include requested backup documentation.
Finally, upon recommendation from the City Attorney's office, Mr. Cayir spoke
again with Mr. Avila on April 18, 2001 and asked when the requested backup
documentation would be submitted, and suggested a meeting with him and his
waterline sub-contractor to assist them. Mr. Avila indicated that he submitted
whatever information he has to the City with his attorney's April 10, 2001
letter, and didn't see any benefit in having a meeting.
SUMMARY:
Avila Construction is in violation of the contract and specifications, has made what could be
construed by auditors as "false claims" for the company's alleged delay costs in the eventuality
of the City undergoing a Federal Audit, has not substantiated any delay costs as required by the
contract specifications, refused to proceed with work despite the City's many reminders and
notices, and is not complvine with the contract in I!ood faith. Avila Construction bas
abandoned the project, deprived the public of use of the improvements, and caused the City to
sustain extra costs by having City staff spent time and effort on these unsubstantiated claims
and also additional cost which will be paid to the third party engineer, Mr. Cayir.
Section 6-4 of Greenbook, paragraph 2 under this section on page 25, states that the Contract
may be cancelled by the Board without liability for damage, when in the Board's opinion the
Contractor is not cOll\Plvin~ in eood faith. In the event of such cancellation, the Contractor
will be paid an actual amount due based on Contract Unit Prices or lump sums bid and the
quantity of the work completed at the cancellation; less damages caused to the Agency by acts
of the Contractor.
Page 8 of8
EXHIBIT "B"
DF.\'ELOr~IENT SERVICES DEPARTMENT
..
31i0 N,mh "D" Street. 5,'0 Bernardino' CA 92418-0001
I'l~noing & BuilJiog 909.38-1.5057 . Fax: 909.384.5080
I',.hl:.: W,;rk;,IEnginWtng 909.Jll~.5111 'Fax: 909.384.5155
\\'ww.ci .san -bernardino.ca. us
March 6, 200 I
File No. 7093
Avila Construction, Inc..
264 Leland Norton Way, Su BI50
San Bernardino, CA
RE: Street Improvements on Otto Gericke and Art Townsend Drive
Dear Mr. Avila:
We are in receipt of your letter dated March 2, 2001 (received March 5,2001). I am confused by
the "Strategy" you have selected to pursue regarding this project. As you are aware, some
adjustments to the scope of work were requested by the Inland Valley Development Agency
(IVDA) and Hillwood Development on or about February 9, 2001 affecting the limits of work
for the "surface improvements".
Coincidentally, pursuant to your utility field verification provided for in the plans and
specifications, several conflicts were identified with the water line as designed.
According to your letter dated February 15, 2001, you elected to "pull ofC' the job shortly
thereafter, awaiting a field revision to the plans, indicating that Sanborn Pipeline, your
subcontractor, had not been able to proceed with water line installation and had been delayed
since February 8, 2001. Those revisions to both the surface improvements and the water line
were completed signed and made available to you on February 21, 2001 and stafIhas repeatedly
requested that you return to work (Project Inspector and Field Engineer). Since that time
apparently an additional conflict arose and the subsequent design change was accomplished by
the Engineer of Record, Hernandez & Kroone and made available to you on February 27,2001.
EXHIBIT "B"
Howe~'er, at no time were you directed by staff to stop work either verbally, or in writing,
as provided by Section 6-3 "Suspension of Work" of the Standard Specifications. Staff
believes that contract work should have been commencing all along (as described in your
letter dated February 20). "We were instructed, b)' the inspector, Rick Aspril to proeeed in
an as-built, as-you-go, construction method".
As we discussed in the meeting on February 16,2001 (minutes attached), it was the City's intent
to explore extending the contract unit prices to increase the quantities associated with the 3 rd
Street improvements to minimize the impact of the reduced scope of work on Art Townsend/Otto
Gericke necessary to accommodate the IVDAlHillwood development plans. The basic
infomlation regarding those quantities was made available on the revised plans on February 21.
During the same meeting you suggested that jack boring may be advisable for a small section of
the water line installation (18+1- ). You also agreed to provide costs for the jack boring alternative
as well as other requested costs associated with the changes dictated by the field utility
verifications. To date, none of those costs have been provided to staff.
As you are aware, the Standard Specificatiuns allow for the contractor and agency to negotiate a
reasonable cost for "extra work". Clearly staff recognizes there are extra work costs associated
with the field design changes necessary to avoid utility conflicts, particularly related to shoring
costs in the section of water line redesigned at substantively greater depths.
Lacking those submittals, staff has nothing with which to "negotiate" reasonable costs for the
extra work. The Standard Specifications does provide for an alternative wherein the contractor
and agency are unable to negotiate a reasonable COSl for the extra work, however. Specifically,
according to Section 3-5 "Disputed Work" the agency may direct the contractor to proceed with
the disputed work utilizing time and materials as the basis for payments if no understanding can
be reached.
However, according to the plans and specifications, (excerpt attached) the contractor is
responsible for field utility verification and all costs associated with by-passes, etc. are included
in the original contract. Regardless, the process of negotiating the costs of extra work should
not, and may not preclude the contractor from proceeding with the contract work pursuant to
Section 33-5 "Disputed Work" of the Standard Specifications (excerpt attached).
EXHIBIT "8"
Therefore, I am hereby directing you to return to work within 48 hours and diligently proceed
toward completing the project. Failure to proceed with the work in accordance with Section 6-2
"Prosecution of Work" of the Standard Specifications may result in a recommendation to the
board (Council) that you have defaulted on the contract under the provisions of Section 6-4
"Default by Contractor", and that the board terminate the contract.
In addition, given the lack of cost information from your firm, the City has no recourse but to
take the position of reducing the contract quantity for installation of water line by 360 feet
between stations 45+20 and 48+80 and 160 feet between Stations 23+80 and 25+40 and paying
your firm for time and materials for those reaches of waterline.
Sincerely,
4r-/P~
RAYMOND A. CASEY
City Engineer
Michael W. Grubbs
~&+f'
Construction Inspector
cc: James Funk, Director of Development Services
Henry Empeno, Deputy City Attorney
Michael W. Grubbs, Field Engineer
Rick Aspril, Construction Inspector
EXHIBIT "B"
IMPORTANT NOTE.!
I. THERE ARE CURRENTLY 5 WATER 5ERVICES CONNECTED TO THE EXISTING
UAIN WHICH WILL BE RELOCATED TO THE NEW MAIN AS PART OF THIS CONSTRUCTION.
THE RELOCATIONS WILL TAKE PLACE AFTER THE NEW UAIN IS IN SERVICE AND BEFORE
THE EXISTING MAIN IS ABANDONED TO MINIMIZE DISRUPTION OF SERVICE TO THE
CUSTOMERS.
SPECIFIC NOTES:
I. ALL WATER PIPELINES AND APPURTENANCES SHALL BE CONSTRUCTED IN ACCORDANCE
WITH SAN BERNARDINO MUNICIPAL WATER OEPARTMANT ISBMWOI STANDARDS AND
SPECIFICATIONS AND IN PRESENCE OF THE SBMWO INSPECTOR.
2. ~ RESTRAIN JOINTS AS PER STD DWG NO W6.4.
3. MAINTAIN MINIMUM 30' OF COVER ON PIPE EXCEPT AS SHOWN ON PLANS. PROFILE or WATER
LINE WILL BE DETERMINATED IN THE FIELD. BASED ON EXISTING UTILITIES AND EXtSTING
ELEVATIONS OF EXISTING WATER LINE AT TAPS. INSTALL PIPE TO PROVIDE CONTINUOUS UPHILL
GRADIENT WEST TO EAST AND SOUTH TO NORTH. CONTRACTOR SHALL EXCAVATE FAR ENOUGH
IN ADVANCE TO ALLOW MINOR GRADE ADJUSTMENTS TO MAINTAIN DEStRED UPHILL GRADIENT OF
PIPE.
'. INSTALL I' AIR RELEASE VALVE AT ALL LOCAL HIGH POtNTS AT NO ADDITIONAL COST TO OWNER.
AIR RELEASE VALVES, VACUUM OR COMBINATION VALVES. PER STD DWG NO W7. I, WILL BE INSTALLED
AS NEEDED.
5. NEW WATER LINE WILL BE CONSTUCTEO AND TESTED BEFORE SERVICES ARE CONNECTED
AND EXISTING WATER LINE IN ART TOWNSEND OR IS ABANDONED IN PLACE.
6. MOST EXISTING IRRIGATION. FIRE. AND DOMESTIC SERVICES WILL BE CONNECTED TO
NEW 12 OR 16 INCH WATER LINE. SERVICES TO DEMOLISHED BUILDINGS WILL NOT BE CONNECTED BUT
WILL BE DEMOLISHED TO BELOW GRADE.
7. NEW DOMESTIC. IRRIGATION AND FIRE SERVICES WILL BE INSTALLED IN LOCATIONS
TO BE DETERMINED.
e. STREETS SHALL BE CLOSED DURING PIPELINE CONSTRUCTION. PAVEMENT REPAIR AND
MARKINGS REPAIR WILL NOT BE REOUIRED AFTER PIPELINE CONSTRUCTION.
STREETS WILL BE RESURFACED AFTER UTILITY INSTALLATION IS COMPLETED.
TRENCHES WILL BE BACK FILLED DAILY TO PROTECT THE PUBLIC DURING NON WORKING HOURS.
9. EXISTING FIRE HYDRANTS TO BE ABANDONED WILL BE REMOVED TO BELOW GRADE. SURFACE
WILL BE PATCHED TO MATCH SURROUNDING SURFACE.
10. OFFSETS AROUND EXISTING UTILITIES WILL BE INSTALLED AS NEEDED.
OFFSETS WILL BE CONSTRUCTED PER STD DWG W 6.9 AND W 6.9B ADO I' AIR RELEASE PER
STD DWG W 7. I AT LOCAL HIGH POINTS.
II. ALL THRUST BLOCKS WHICH MAY BE NEEDED SHALL BE POURED IN PLACE WITH A MINIMUM
SURFACE BEARING AREA. PER STD DWG NO W6. I I. AGAINST UNDISTURBED SOIL. CONCRETE IN CONTACT
WITH FITTING HARDWARE IS UNACCEPTABLE.
-
N'PI
Hernandez, Kroone eny I
&. Auociatea, Inc. "Ie
Mill'
CONSUl. TING E/lG1NEERS -
UNDERG.Il9UND SI;8...VICE A"Efl.T
~ING - DESICN - SURVEYING
SECTICN .2....217 !IF TIt; _NT CODE IlEQUlIES A DIC
_ _____ ____ _ __ _.._ a ......'1' ,.,.
EXHIBIT "B"
File1.3D-t.
Minutes of Meeting
Street Improvements at
Art Townsend/Otto Gericke
San Bernardino International Airport and Trade Center
Date: February 14, 2001
Location: Public Works Conference Room
Time: 3:30 pm
Attendees:
Alex Estrada, IVDA
Rick Avila. Avila Construction
Richard Morales, Avila Construction
Mike Grubbs. City of San Bernardino
Rick Aspril, City of San Bernardino
Richard Hernandez. HK & A
Matt Tsugawa, HK & A
The following is a summary of items discussed during the Progress Meeting:
1. Need to clear with Water Department regarding removal of some water crossing _ Revised
plan presented.
2. More than 4' deep so subject to OSHA requirements will greatly increase price. May have to
bore in Art Townsend where utilities are clustered.
3. Cluster of ulililies at 47+ 00 may preclude use of shield for about 20 feet.
4. Unknown soil conditions below 4 feet deep, possibly sandy soil.
5. Transite pipe - Asbestos problem? Check with Steve Ledbetter.
6. Lines along Otto Gericke serving the pool to go away
7. Undercrossing of SCE at OttofTownsend. Use same price as the crossings closer to 3<4
Street.
8. HKA indicated that profile may have to be raised on Otto Gericke due to clearance problem
with newly installed underground electrical conduits. (Note: This was later determined by
HKA not to be a problem).
9. Contractor still needs to pothole existing water line at intersection of Otto Gericke and Art
Townsend. Will be done first thing on Friday (2/16/01).
10. HKA to provide revised plan for water Department Approval and submit to Steve Ledbetter bJ
8:00 am tomorrow. If okay, Water Department will sign and HKA will deliver to City Engineer
for approval tomorrow afternoon.
11. Contractor to provide cost proposal to Jack boring vs. pulling shield in area of clustered
utilities.
EXHIBIT "B"
AVILA CONSTRUCTION, INC.
General Engineering
264 Leland Norton Way, Suite BISO
San Bernardino, CA 92408
February 20,2001
City of San Bernardino
Development Services Department
300 N. "0" Street
San Bernardino, CA 924 I 8
Attn: Mr. James Funk, Director of Development Services Department
Re: STREET IMPROVEMENTS OF ART TOWNSEND DRIVE ono
GERICKE DRIVE AT SAN BERNARDINO INTERNATIONAL AlRPQBI
mE NO. 7.30-14
Dear Mr. FunIc:
As of February 20,2001, Avila Construction is still delayed in the construction phase of
the above reference project. On Thursday, February 15,2001, we received an uasiped
revised set of plans from the Engineer, Hernandez and Kroone and Associates. We wac
instructed, by the inspector, Rick AspriJ, to proceed in an as-built, as-you-go,
construction method, with the same unsigned plan. Avila Construction cannot proceed
without an approved set of "Signed" plans.
As of today, we have !Wt received any response to our previous two letters regarding
delay of time. The City of San Bernardino advised Avila Construction of the change of
plan, scope of work, for this project. Avila Construction did not delay this project. As of
February 9'h, 2001, Avila Construction has not been able to complete the work per our
construction schedule, submitted to the City of San Bernardino on January 26,2001.
On two separate occasions. A vila Construction has requested survey to be done OD this
project. Survey for staking waterline and removals for Art Townsend Drive. As oftbis
date we have not received any staking for any ofthe above. Avila Construction filled oul
the proper city request form "Request for Survey" as instructed by Mr. Mike Grobbs.
Yours truly,..
. )" '/
.1'/ ~,
, /
Richard P. Avila
Vice President
.
cc: Alex EslmIa.lnland Valley Development Agency
RayCascy, City Enaineer
Mike GnIbbs. field Engineer
Ride Aspril, Inspector
-~._--'--'
EXHIBIT "C"
DEVELOPMENT SERVICES DEPARTMENT
~
300 Nonh "0" Street. San Bernardino - CA 92418-0001
Planning & Building 909.384.5057 - Fax: 909.384.5080
P'Jolk \\'.'rkslEngineering 909.384.5111- Fax: 909.384.5155
www.ci.san-bernardino.ca.us
Mr. DeRoy Avila, President
A vila Construction, Inc.
4022 N. "F" Street
San Bernardino, CA 92407
March 29,2001
File No. 7.30-14
RE: Street Improvements on Otto Gericke and Art Townsend Drive - Claim for Delay
Dear Mr. Avila:
This will confirm our meeting today (attendance list attached) wherein we discussed your delay claim
and proposal to restart work on the subject project. Mr. Ali Cayir, Consulting Engineer and President
of Transtech moderated the discussion.
You stated in the meeting that Mr. Cayir is acceptable to your company as a neutral third party
Engineer who will review all aspects of your claim and render an impartial opinion as to an equitable
settlement. You and City staff will have equal access to Mr. Cayir.
It is also our understanding that your Attorney, on your behalf, has agreed that your company would
share the cost of Mr. Cayir's services. We have requested that Mr. Cayir submit a proposal for his
services and will share that proposal with you as soon as it is received.
If you have any questions please contact the undersigned at (909) 384-5179.
Michael W. Grubbs
Field Engineer
Enc.
cc: Robert J. Reynolds. Attorney for Avila Construction (FAX (858) 793-1393)
Ali Cayir, Transtech (FAX (909) 595-8863)
James Funk, Director of Development Services
Ray Casey, City engineer
Henry Empeno, Deputy City Attorney
Rick Aspril, Construction Inspector
S:\Public Works\PW Inspection Sluff\Projccl Corrcspondence\7.30.14 Art Townsend Ono Gericke\Delay Claim & Tenninahon\Acccptanccof
NCUlral Engineer 03-3().() I Mr Avila.doc
EXHIBIT "D"
DEVELOPMENT SERVICES DEPARTMENT
,.
11,1) North "0" Street. San BernardlJlo . CA 92.\18.()()()1
;'!',nning & BlIilJing 909.384.5057. Fax: 909.384.5080
; .,' ," \\ 0:'.' ''Ellgine~(ing 909.384.5111 'Fax: 909.384.5 1 SS
www.d.san-bernardino.ca.us
(FAX 909-886-8977 & 909-382-0078)
Mr. DeRoy Avila, President
A vila Construction, Inc.
4022 N. "F" Street
San Bernardino, CA 92407
April 3, 2001
File No. 7.30-14
RE: Street Improvemems on Otto Gericke and Art Townsend Drive -Claim for Delay
Dear Mr. Avila:
At our meeting on Thursday, March 29.2001, it was agreed that Avila Construction would submit by
Friday, March 30. 2001, additional documemation to confirm the contractor's actual cost incurred due
to shutdown on the subject project between February 9, 2001, and March 2. 2001. It was agreed that
these costs must be documented by actual paid invoices, equipmem rental receipts, and certified payroll
records. Comractor owned equipmem which was stored at the site and could not be efficiently used
elsewhere can be compensated at Caltrans remal rates per Section 6-1.05 of the Contract Special
Provisions.
Additionally, based on the City's proposal to delete the 16" water line from the project, it was agreed
that the actual cost of the 16" water line, fitting, other direct costs, such as transportation, handling,
storage, assemblage, and proportionate subcontractor profit plus prime contractor markup would be
submitted promptly to Mr, Ali Cayir and the City. Again. it was agreed that these costs must be actual
labor. materials and equipment costs incurred by the subcontractor and verified by paid invoices.
equipmem remal receipts, certified payrolls, etc.
On Friday, March 30, 2001, Rick Avila of Avila Construction contacted Mr. Cayir and indicated that
the material would be submitted on Monday, April 2. 2001. To dale neither the City nor Mr. Cayir
have received any of the agreed on documents.
It was indicated in the meeting by Avila's representatives that the contractor is anxious to resolve this
matter and return to work. Please be advised that the City and Mr. Cayir are unable to proceed with
this matter without the promised information from your company. Failure of Avila Construction to
promptly provide this information may cause the City to proceed, as specified in Section 6-4 "Default
by Comractor", to notify your Surety of the City's imention to declare your company in default and
cancel the contract. '
\\CH-O."-"DS\Public Works\PW Inspeclion Stumproject Correspondcnce\7.30-14 Art Townsend Qno Gericke\Oelay Claim &. Terminarion\Delay
Claim Info RtqUest 04-03-01 Mr Avila.doc - .
If you have any questions please contact the undersigned at (909) 384-5179.
EXHIBIT "D"
Ene.
cc: Judith Valles, Mayor
Jorge Carlos, Executive Assistant to the City Council
Fred Wilson, City Administrator
Robert J. Reynolds, Attorney for Avila Construction (FAX (858-793-1393)
Ali Cayir, Transtech (FAX (909-595-8863)
James Funk, Director of Development Services
Ray Casey. City engineer
Henry Empeno, Deputy City Attorney
Rick Aspril. Construction Inspector
I\CH.oAIOS\Publie WorblPW Inspection Stull\Proj<<. Correspondenee\7.30-14 An Townsend Otto Oerieke\Oelay Claim'" T.......lionIDeIay
Oaim Inro Requal Q4..0J-01 Mr Avila.doc
APR-03-01 19:21
!'!l?r::03-01 19:00
909 384 0488
John L. Welch, Esq.
P.02
(909)
R-218 Job-923
3eE~tfflnT "E" P . 02
l,.AW O,.,.ICES 0'-
ROBBliT J. RBYNOLDS
3.... oc... ...../11 MCIOMTS 1110...0
HUM_EN .00
SA..~ J)I.~.-, f!fALnro~~ 82130
..&loW ,..1., .,,9.~J..
~""C:SIf"I"C lel8' 7.:3-138.1
Henry Empeno
Deputy City Attorney
City of San Bernardin
Development Services Department
300 North "0" Street
San Bernardino, CA 92418
Re: Street Improvement on Otto Gericke and Art Townsend Drive -
Claim for Delay
Dear Mr. Empeno:
As you are aware, we represent Avila Construction,
regard to the above-referenced matter. We are in
your client's correspondence of April 3, 2001.
advised that your letter mischaracterizes
commi tment to provide you the information the
within a 24-hour time frame.
Inc., with
receipt of
Please be
client's
requested
our
City
After havir.g and opportunity to evaluate your request, our
client has concluded that the figures the City requested will be
provided on Monday or Tuesday, April 9 or 10, 2001. We believe
that this is a reasonable time-frame giving consideration to the
course of business relating to this project.
It is clear that the City has acknowledged a delay problem. Our
client is interested in completing the project, however, our
subcontractors have sustained significant damages with regard to
delay as well as the substantial modification of the contract as
it pertains to such subcontractor.
We believe the City's rush to terminate the contract is
completely inappropriate and are requesting that ample time be
given to all parties to prepare the appropriate information for
Mr. All Cayir's review. We are hopeful Mr. Cayir will be given
an opportunity to confer with the parties to effect a meaningful
evaluation of this matter.
Please contact us or have your client contact Mr. Richard Avila
at Avila Construction, Inc. if you have any questions regarding
~PR-03-01 19:21 . g09 384 0488
A~,-03~91 19:00 John L. Welch, Esq.
P.03 R-218 Job-g23
(909) 384-0488 P.03
EXHIBIT "E"
Henry Empeno. Deputy City Attorney
April 3. 2001
Page 2 of2
the foregoing. We remain hopeful that we will be able to
resol ve this matter, however, we are certain that resolution
will only be facilitated by joint cooperation of the parties.
Please be advised that the undersigned is currently engaged in
trial and will likely remain so engaged until the middle of next
week. As such, in the event you contact the undersigned, please
leave a voice message and a reply should be forthcoming within
the three to four hours immediately following such telephone
call.
Thank you in advance for your assistance and cooperation.
look forward to working with you toward the resolution of
matter.
We
this
very truly yours,
Law Offices of Robert J. Reynolds
~(-..
Robert J. Reynolds
Attorney at Law
cc:
Apr 11 01 05:24p
~rans~ech en~ineer5 inc
909 595 8863
, P.2
EXHIBIT "F"
lranslec'h
,
624 Bra Canyon Rood a Walnut
ENGINEERS. PLANNERS. MUNICIPAL CONStll.TANTS
California 91789 . Torop/lono:(909)595.8599 a Fax: (909158~
April 09, 2001
City of San Bernardino
Mr. Michael W. Grubbs
300 North 0 Street
San Bernardino, CA 92418-0001
and
Avila Construction, Inc.
Richard Avila
PO Box 6291
San Bernardino, CA 92412
Subject:
Street Improvements at Art Townsend and Otto Gericke
Dear Sirs: '
This letter is to confirm Transtech's involvement for the subject project.
. Avila Construction (Contractor) and City of San Bernardino (City) have requested
that a consulting engineer meet with both parties to discuss issues, and review
information on the project relating to claims regarding alleged 'delays, delay costs,
and cost increases andlor decreases due to work scope change".
. Both parties agreed that A1i Cayir of Transtech is qualified to act as an independent
consulting engineer.
. Contractor and City independently contacted AIi Cayir, and requested that he attend
a meeting with both parties on March 29, 2001 to discuss the project.
. Both parties agreed that our role is to act as an independent engineer to review the
information provided by Contractor and City, and provide, to both parties an analysis
of review results and recommendations.
. Both parties were informed and both parties agreed that Transtech is not acting as
a mediator or arbitrator.
. Transtech is not providing any legal advise to any parties.
'As indicated previously, AIi Cayir's firm (Transtech) is performing work for City of San
Bernardino on other projects, but has no prior knowledge or involvement in the subject Art
Page 1 of6
0--............
Apr 11 01 05:,24p
transtech.encineers inc
909 595 88S3
P.3
EXHIBIT "F"
Townsend and Otto Gericke Project.
On March 29, 2001, AIi Cayir met with the representatives of Contractor and City.
Contractor representatives presented a cost summary showing the amounts for their
claims. In order to review the claims, Ali Cayir requested that Contractor to submit backup
documentation and breakdown of the costs, including time cards, certified payroll (as
mentioned at the meeting, certified payrolls must be submitted as per the federal funding
requirements used for this project), invoices from suppliers, vendors, equipment rental
places, receipts for expenses, labor rates paid, overhead costs, and all other
documentation. AU Cayir pOinted out to the Contractor that he should follow Project
Specifications and applicable Sections of the Standard Specifications for Public Works
Construction (Greenbook) on which the project specifications 9re based. A1i Cayir read
various paragraphs from the Greenbook which are applicable to the project.
The following applicable excerpts from the Greenbook are provided to assist everyone to
better understand the applicable requirements of the Greenbaok that will be the basis for
our review of this issue:
Note by Ali Cayir: Greenbook Section 3 covers changes in work. Please pay
attention to this section, liS the cost o( work Items for which
quantities are changed, adjusted, deleted (water line deleUon is
, one o( the major items), will be based on this.
3-2 CHANGES IN/TIA TED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications, character of work, or quantity of worll
provided the total arithmetic dollar value of all such changes. both additive and deductive. does not exc;eed
25 percent ofthl1 Contract Price. Should it become necessary to eXGeod this limitation, the change shalt be
written Supplemental Agreement between the Contractor and Agency, unless both parlies agree to proceed
with the change by Change Order.
3-2.2 Payment.
3.2.2.1 Contract Unit Prices. /fa change is ordered in an item of work covered bya Contract Unit Price.
and such change order does not involve a substantial change in character of the work from that shown on
the Plans or included in the Specifications, then an adjustment in payment will be made. This adjustmenl
will be based upon the, Increase or decrease in quantity and Contract Unit Price.
In the case of such an increase or decrease in a bid item, the use of/his basis for the adjustment of payment
will be limited to that porlion of the change, which together with all previous changes to that item. is not in
excess of 25 percent oUhe total cost of such item based on the original quantity and Contract Unit Price.
Adjustments In excess of25 percent may be done by extension of Contract Unit Prices as described above,
Page 2 of 6
o r......fC'C)...,....
1.....81_....
Ap~ 11 01 05:24p
transtech encineers inc
909 595 8863
p..
EXHIBIT "F"
or pursuanl/o subsection 3-2.2.3.
Should any Contract item be deleted in its entirety, payment will be made only for actual costs inCUrred prior
to notification of such deletion.
.
3-3 EXTRA WORK. (Note by Ali Caylr: Please pay attention to this section. as the costs Incu"ed by
the Contractor must be supported per this section)
3-3.1 General. Newor unforseen \VOrl( wl71 be classified as "extra work"when the Engineer determines /hili
It Is not covered by Contract Unit Prices or stiputated unit prices.
3-3.2.2 Basis for establishing Costs.
(a) Labor. The costs of labor will be the actual cost of wages of workers performing the extra 1/IIOt1l at the
time the extra work is done, plus employer payments of payroH taxes, workers compensation insurance,
liability insurance, health and welfare, pension. vacation. apprenticeship funds, and other direct costs.
resutting from Federal, state. or toeallaws, as well as assessments or benefits required by lawful collective
bargaining agreements.
... Labor costs for equipment operators and helpers shaH be reported only when such costs are not Included
in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned
wOrk and only that applicable to extra work wiH be paid. .
Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3
(a).
(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which SUch
materials are locaHy available and delivered to the jab site in the quantities involved, plus sales tax, ~1ghl.
and delivery.
(c) Toots and Equipment Rental. ... Regardless of ownership, the rates to be used in detenrrining
equipment rental costs shatl not exceed listed rates prevailing locally at equipment rental agencies, or
distributors, at the time the work is performed.
If equipment is used intermittently and, when not in use. could be retumed to its rental source at less
expense to the Agency than holding it at the Work site, it shaH be retumed, unless the Contractor elects to
keep It at the work site, at no expel/se to the Agency.
(e) Invoices. Vendors'invoices for-material, equipment rental and other expenditures shall be submitted
Page 3 0/6
o Pn.c......~....pn
1_.....1_...
Hp~ 11 Ul U~:~4p
~ranstech encineers inc
909 595 8863
- 1'.5
EXHIBIT "F"
with the request for payment....
3-3.2.3 Markup.
(a) Work by Contractor. Unless otherwise provided in the Special Provisions, a reasonable allowance for
overhead and profit shall be added to the Contractor's costs as determined under 3-3.2. 2 and shall constitute
the markup (or all overhead and profit on work by the Conlractor. The Contractor shall also be compensated
(or the actual increase in the Contractor's bond premium caused by the extra work.
(b) Work by Subcontractor. When any o( the extra work is performed by a Subcontractor. the markup
established in 3-3.2.3(a) shall be applied to the Subcontractor's costs as determined under 3-3.2.2. Unless
olhetwise providecl in the Special Provisions. a reasonable allowance for the Contraclor's overhead Il1Jd
profit shall be added to the sum o( the Subcontractor's costs.
J..5 DISPUTED WORK
I( Jhe Contractor and the Agency are unable to reach agreement on disputed work, the Agency may dit8ct
the Contractor to proceecl with the work.
Note by AIi Cayir: Greenbook Section 5 covers Utilities and Delays as a result of
Utilities changes In work. Please pay attention to this section,
as the Contractor indicated that utility interference is one of the
main issue for delay claim.
5-5 DELA YS (this is t:e/ating to utilities)
The Contractor will not be entitled to damages or additional payment for delays attributable to utiIiIy
relocations or al/erations i( correctly located, noted and completed...
The Contractor may be given an extension o( lime (or unforeseen delays allribulable to unreasonably
protracted interference by utilities in performing work correctly shown on the plans.
.
/fthe Contractor sustains loss due to delays attributable to interference. relocalions. or alteration nol covered
by 5-1. Which could not have been avoided by the judicious handling offorces. equipment. or plant. thflfll
shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable
compensation (or such part of the Contractors actual loss as was unavoidable and Iha Contraclormaybe
granted an extension o( time.
Page 4 or6
C "-.I_l.~"""
tiiiiiIich
HP"" .1.1 Ul U~:_>C:OJp
~rans~ecn enC1n@ers InC
909 595 8863
P.6
EXHIBIT 'IF"
Note by AIi Cayir:' Greenbook Section 6 prosecution, progress, and acceptance of
the work, including delays, time extensions and payment for
delays.
6-6 DELA YS AND EXTENSION OF nME.
6-6.1 General. /fdelays are caused by unforeseen events beyond the contrQlof/he Contractor. such delays
will entitle the Contractor to an extension of time as provided herein, but the Contractor Wl71 not be entitled
to damages or additional payment due to such delays, except as provided in 6-6.3.
If delays beyond /he Contractor's control are caused solely by action or inaction by the Agency, such delays
wi/I entitle the Contractor to an extension of time as provided in 6-6.2.
6-6.2 Extensions of nme. Extensions of time, when granted, will be based upon the effects of cIe/ays to
/he Worlf. They will not be granted for noncontrolling delays 10 minor portions of the Worlf unless it can be
shown /hat such delays did or will delay the progress of the Worle.
6-6.3 Payment for De/ays to Contractor. The Contractor wil/ be compensated for damages incurred due
to delays for which the Agency is responsible. Such actual costs will be determined by /he Engineer. The
Agency will not be liable for damages which the Contractor could have avoided by any reasonable means. .
such as judicious handling of forces, equipment, or plant. The determination of what damages /he
Contractor could have avoided will be made by the Engineer.
The Contractor stated that he would settle at the meeting, if the City agrees to pay him
$80,000 for delay costs. Ali Cayir stated that he is not in the position to negotiate a
settlement, because his role is to review factual information and back-up documentation
following the Greenbook and Project Specifications. Once the analysis is completed, it
Is up to the Contractor and City how or if they would settle. Both Contractor and City
agreed. The Contractor and City representatives also discussed the unit costs forwerk
items which have been increased and/er decreased. The Contractor agreed to make
reductions on the unit costs. As of April 9, 2001, AIi Cayir has not received any backup
information from Contractor.
The services provided by Transtech will be charged on time and material basis per the
following rates:
Review by Engineer
Administrative Support
$125/hr
$70/hr
The invoices will be submitted to the City of San Bernardino, and'The City of San
Bernardino shall pay the full invoice amount within 30 days. The City shall be responsible
Page 5 of 6
O,........."~.4,.....
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..., a'I::::'lIwetJn en;:lneerS lnC
lIUS 595 81:11:i<l
p.7
EXHIBIT "F"
for securing Contractor's share for the payment. Thank you for the opportunity to submit
this proposal.
Should you have any questions or need additional information, please contact me at 909-
383-8579. Ext 121. ,
Sincerely.
Transtech En
, AU ayir, PE
Principal'
S:'IWROCESSVClBRECRClI2OOll2f073 S8 AIIIU COIISTRUCnCJN.ClTYIO<<l9OI_l.wpd
.
.
Page6of6
o ".....rcq........
~
~~r-lJ-Ol 03:31P Robert J. Reynolds
P.02
EXHIBIT "G"
L.AW O"''''ICCS 0"
ROBBHT J. REYNOLDS
:'''25 DICL ""A'" .. E,O "''''$ ROAO
"'U""'.':_ ~oo
SAN D1800. CALIFORNIA 81:1.:)0
,.E....E...Q..... I~'.I 2"1-:l~9~
"'ACSI""Ir..E ISlgl 71i113-130.3
April 10, 2001
Henry Empeno
Deputy City Attorney
City of San Bernardino
DevF>lopment Services Department
300 North "D" Street
San Oernardino, CA 92418
Ro: StrF>et Improvemenl on Otto Gericke and J\!l 7ownser.d Drive
Dear Mr. Empcno:
As yOll are aware, we .n::present Avila Construction, Ir.c., with
regard lo the above-referenced matter. 1'1 e<lse lind, enc:losed
herewi th, tile latest proposa 1 fl'om our cl ient wi th rega l'd to the
completion of the project, us modified by the Cily of San
Bernardino. Please note the following with r'egard r,o this
matter: /" ~~~f-J P';(
/ _ /fv,-fA.'S I'ro~.~<c/ - -#'1'IJ;n7J.
1. D~lay: With re9ar-d o.~he del ay incurrp.d
is in the range $250,000.00:' :'he delay was
caused solely by t of the Ci ty in
failing to conduct. and complete a proper' and
thorough utility search.
2.
New bid figures have been submitted:_ We
such figur-es are reasonable and presented
faith and, as such, should be aCCepted
City $<) that the project can be completed
further delay.
be 1 icv.~
in gO~H-l
by the
wilhout
3.
Delet ion of 16" pipeline: Witll regard to lhe
deletion o( lhe 16" waterline, Sanborn l'ipel ;1\<,'
Contractors has agreed to accepl the stated Slim
for the materials, which UIC City desire:,; to
purchase, as well as the lost profit on the job.
......... ...'
, OJ
Ie-'D'
.lug-:IIa~
A:>r-~O-O~ 03:3~P Robert J. Rlaynolds
P.03
EXHIBIT "G"
Henry Empeno, Deputy City Attorney
April 111.2001
Page 2 01'2
We believe that the accompanyl nq p"oposal is !:e.'lsotlable I n light
of nIL of the issues LhaL [laVe arisen with regard lo this
llli1ll_er. Further, we believe that aeeeptancp of the same,
nntw~thsLanding both OUT client's willingness lo accept less
th;~n originally contemplated, and the City's payment of
unanticipated delay claims and modified pricing reli1ted ~o
changes in the scope of work, wU I ultimately result in the most
favorable resolution of Lhis maLter considering the alLernative
modes of resolution.
Plense contact us OL have you!: client contact Mr. Richard Avila
ul l\vila Const.ruetion, Inc. if you have any questions reqnrdiug
the foregoing. We ~uspect. t.ha!:. we are bOLh n.:nnl:'1g m:t. of time
wi th regard to the pL'ospect s lor Lhe inuninent [eso I uti!):! of th is
matter. As such, we are hopeful that the City will give carelul
consideration to this matter.
Thank you in advance for your assi,st.ance and coopp.rntlOr&.
loclk forward to working with you toward the resolution of
maLl,er.
We
th;.s
Very Lruly yours,
LAW O..nt:~:> OF ROBERT J. REYNOLD~
Vv1 (L--
Robert J. Reynolds
Attorney at Law
EncloSllre: Bid
ce: Avila construction, Inc.
" ~...~
A~r-la-Ol 03:31P Robert J. Reynolds "_'. P.04
. 01lJV/Ul .UN H:U1 ~'A.l vuv all SVl1 AULA ~U~HRll"IO(\/ I~C, !iI.o.
.n... ......ra ",,",V1"" .II'\,)'- "lV~"~ c...\.......
EXHIBIT "G"
General Eugineering
POBoJC:6291 PROPOSAL
San Bernardino. CA 92411
(909) 886-2257 Fax; (909) 886-8977
STATE 01' CAr.TFORNtA U("'ENSE 1'0. 509;;18.A
...pl'lo._l_or_2_....
J~ N'lUM'No. Fa. NIIJ. tn9
y., Cily orSan Bernardino
DcvI:lopment Sc:rvices Dept.
300 N. "1)" SUeCl
San Bcnwdioo. CA 92418 _...: 909 3""'1\1
Street Improvellle.r. of An Towascnd DriYe aad
OKo Gericke Drive. "REVISED"
L...Ii..:
Su Bent_rdiao l.tera.dob.J Airpon
Federal E.D.A. No. 07-49-02680.02
Dao 04/09/01
We .",by nloIoit 1JNId....-. .ad ......... for. Ri:vilfC4l "'am for tile above-rer__ Proj.."
Revised Delay Cost for the period of Februuy 9, lO/Il to Marcb 9, 2001, are.. folio.....:
^yu. CODRnletion, lall:. ud SabcOlllrutor, Sallbon PlpeUae Coatnll:ton: SI41. OOO.~
PEIl ~VlSED PUUl DAlE) 2f27101
BID ITEM NO. ITEM DESCRIPTION NEW PRICE
I. B1.I# 3. Asphah Conenetc: Pa1lemtJlt, ioclwlixlg Overlay. Feathering.
Adjusting Water Hand hole~ IlDd F.xi5tiDg Mauhole Covers to
Onde, per TON........... .................... ............ ........ ........ ,$ 40.00
2. B.U 4. Aggregate Base Matcria1 (Thi..J.-ss 5.00") paTON...............S 15.00
3. 8.U6. P.C.C. Curb md Out1er, Typc"B"per UN. FI'.......................S 11.00
4. B.I,I# 7. r.Coc. Curb, Type "A" per UN. FT.....................................S 11.00
:i. 8.1.1# 8. P.C.c. Sidewalk per SQ. FT......................... ................ .....5 2.20
6. B1.* 9. P.C.C. Commcrc:ia1 Dmeway Approach Type II per SQ, fl... .....S 3.75
7. B.I.f#IO.P.C.c. Cross Gutter lUId Splllldrel(6' Wide) per CU. YD............S200.00
8. 8.UII.P.C.C. Handicap Ramps per SQ. FT.....................................$ 3.00
PER ReVISED PLAN DATED 2/27/01
ART TOWNSEND DRIVE
1- Remove aDd Replace Asptgk fOr Proposed WaterliDe and Electrical Line,
Includiog IatenJs On Art TOWDSend Drive.
From STA 38+00.00 to 46+00.00 (@3"onNatiw:) per SQ. FT.............S 4.50
2. Re-Mobilization for Avila Comtru.:tiou, Iuc:.l.S. .........................SI5,OOO.00
3. CIeariIIg.l: Grubbin& L,S................................. ............. ....... $20,000.00
PD. REVISeD PtANS
ELECTlUCAL PRICE CRANGE
- Proposal &om Eb:1rica1 SUb-conrractor, New West Sipal, fur the deletion of StrQ:t
Lighls and c:ooduil wo~1t is a CRdit cost of (SIO,6OO.00)
. The BddilionofparkiDg lot ligbts 3 ea.. JC: $3,500.00: $10,500.00
. Saw cuttiD& and remove aspbah 800 LF x 53.00 = $2,400.00
- Tot" Cost for New West Signal.......... ...............................$12.900.00
- Mark-up Cost (15"_) h............. .................. .............. .......S 1,935.00
Total Cost: S 14,135.00
Avila CODStrw:tiou, Inc. MMk-up Cost (15%)... ...........................5 2.225.25
.... ....Tora! AmoWll:SJ 7.060..25
, UJ
I'(-'b'
"luc-~a:l
A~r-l0-0l 03:31P Robert J. Reynolds
I U4'UV'Ul .Ul"lI 11:U-' t.u, IfU" '.G IV77 A'"lL.A. c.:Ur;STRl"CTION l:ie.
Per ~ PI....
New Prices per S.bcoDtractor, Suborn Pipeliae Coatracton
I New Price lor dClerioD 011'" ....atertille III It'. eatlrety = 5159,244.00
2, 11" waterliae pricel wiD re..i.a tile lame per ongi.alline iteD! I.. tIle coatract.
3. Vertical omet Otto G.rirke 12" WaterliDe
4 - 12" MI 45s wirh RcstTaints
150 L.F. 12" DJ.P. @ 6' co 8' Deep
. The above work will be done on Time & Material (T &: M)
Conlno:lvn ant r"'!"ired by I.w to be 1i~1 mcI n:,uI.tcd by Ihc C......olor', Stare l.icerue Baont. Any que.lion. _ccnu.Oll a__
'"ay ... rckrred '0 !boI board oM",.. A4II>,., ;.. C ..._Iur', Stole u..""s.: Boon!. )8)6 Goc:thc Rd. SlICIIIIC1OID. c. ~5.27, M..Iift!""",-pt
tIo< 26000, S--.uJlCIIIO. CA 9,SlC26, WI: PROPOSE hereby lD fumish ~ and labor - complc'" in 'C<:orcD1<:e with the spcciftt::ltioJls, for rhe sum DC:
..."obl...lolla...., Wnrk ...lll'r1l<eed _hell Dnu. IU't: ftnlld ._11" III" Cih III S: Bef'AlnlillO Iftd A~I. C_.....-.;...
fill" _d. rlWl"'~1 CIla.a... O~r i. ia-A ad _1IaI hI hat. rd....
.\IlllWlcrial U ~.o bo!.M .~~d. AlI...~ lv It. VImIpI......... wodm&nlikc..an"y ~IiCIIIIQ""'''.d;o,)CII. My ;'k'-AitIG..~
&-.... .how: .,.artC3li~,. inVul..... DIn I:IlIIb ..ill be exOCllll:ld DIlly "P- .-rt1l0l CN'dCIr-. _d _ill bcmmc:. C:'CI'a ~ tJIII"..d abavel.hc ___
All........ 1Xdi.prll.- ....e.,. accldou ar del"".lteyrnd ,,,,", cww.nI. """"cr \0 ~ Jire:. ,..-,.. other .tlOCIlM)'........r.e. Our wark...-c
iID}r COWI'edb)l ~',C..OIAli_ ....5UhRGC.
~=V//
Note: This Proposal may be withdrawn by us
if not accepted within days.
ACCEPrANCI: OJ' PROPOSAL: The: llliccs, specdlcatioDs aad condi1ions "'" salisf.lctory and ""' h~by 1CtICJ*d. YOII
'wIhmized 10 do !be - .as JPl'CifiM. Payment Will be JIlJIde as outtined above.
Sil\llldDn:: Date: SipalloR: Date:
.
P.05
liIoaz
EXHIBIT "<1;.2.
I" V!
K-ll:i' ,JOg-::!II::!
'=nr-l'::J-Ol 03:31P RobQrt ...J. Reynolds.
/.
P-Ol~
,--,,'
EXHIBIT "G"
LAW OFFICES OF ROBERT J. REYNOLDS
,152~ Uc:l Mar Ih:ighu R('lu.1. No. (tOO
S... Llil'gO, C... 92130
FAX
THI~ C.OMMt!N'CATIO~ IS l~nNDEb ONLY F()R THF. ('SF.
()F'THr PA.RTY TO WffOM IT IS ADORESSEb. AND ~AY
COSTAlI' fRIVILEGEO "'''0 CONFIOEN'IIAL
I~FORMATION, TillS C-OMMUNI(:..~,:"'(J:'It IS ;"liUT TO HE
RF.A.O. r.OPIt:n OR tlSI:O 8Y A:'ItYOf\rlt: O'I"HEK THAN THF.
'>ITF.NDED REClfIE:vT.IF THIS FAX k/:;A('HE._ Yn" BY
MISTAKE:, rLEASE CALL TillE SlENDER ANU IU:TIJMN THF.'
lJOC"\;Ml':l'ril" TO l:$I~IMa::DI"-"ELY BY SIJRFA(:F. M41L AT
THt: ."sOya:: ADDRESS.
Dale' April 10. 2001
Sumb.:r of pltgC5 including cover ~hee[:
5
To: Henry Emp"no
htJl. phon~: 90~).384.5l3K
CC: lil~
From: Rub.r! J. Rcynoldo
Phone:
(619) 2til-.1J~1.I
(858) 79.1-1393
Fax phone,
REMARKS:
o Urgent
I8J For your r~yicw
o Reply ASAP
I8l Plca~e conum...~t
Dear Mr. Empeno:
It appears that we are running out of time and options with regard to the prospects for the
resolution of this matter. Please contact me once you have reviewed this matter so that we may
work together to resolve this matter.
Law Offices of Robert J. Reynolds
MI---
Robert J. Reynolds
619-261-3393
... ... ...
TRA
SMXSSXON[
REPOIF
... ... H
APR-ll-IU 1111019
10,911193945155
CSB PUBLIC
JOB
N[t..JMBER
X N[PORMATX ON[
TELEPHONE NUHBER
NAHEIID NUHBER>
CODE
95958B63
91119 595 9963
START TIHE
APR-ll-11I1 I III , 17
PAGES TRANSMITTED
III 1116
TRANSHISSION HODE
REDIALING TIHES
EMR
RESOLUTION
STD
..
SECURITY
OFF
HAILBOX
opp
HACHINE ENGAGED
III I . 37
THIS TRANSMISSION IS COHPLETED.
LAST SUCCESSFUL PAGE
III III 6
.
~
~
City or San Bernardino
DepartnJ.ea& a' Developnaent Services
Fax Transnu.sion COover Sheet.
Dace Tr.~lUinec:l:
A_rlll'1 2no'!
Nu~bcr of paces. includinS cover shcec:
..
~
NanJCI:
"-'1:_ A II Cav'", ......e..d...,..
"T"r___r_C!h
Address:
P~ne;
Fax:
".n9l ~.~RA"':1;
P'ROl\.'l'-
Na.zn.e:
.l'\o'&lc:hael "". Gr..bb.
Chy or s.... BerntU'dino
Depancnenr oC D.....olopment. Service.
300 North "'.ow. Street.
San Bernardiao. C^ 92418
Phone No:
(9n9-. ':'I8...._"'Ji1"70
Fax No.:
(QnG'I "'A4_~ 1 79
ConunenLli or Descripltion or Docu~cnt.:
I havl'!t f'..x~d '10 vuu .... l~,) naRe f"SIlllf f"rnlf'n Rn......rr]' Reynolds. rll!!CPardinR Str_..
Irnnrnv~rn~nt. non OUn n"ri,,~k'... and AY'I' Tc".v"''''enrl Drive
If' "ft.. have an" ou.....rlnn. ~I..,..e cnnr2~" 1'rIP-
5L '"3
EXHIBIT "G"
City of San Bernardino
Department of Development Services
Fax Transmission Cover Sheet
Date Transmitted:
ADrilll. 2001
Number of pages, including cover sheet:
6
TO:
Name:
Mr. AU Cavir. President
Transtech
Address:
Phone:
Fax: (909) 595-8863
FROM:
Name:
Michael W. Grubbs
City of San Bernardino
Department of Development Services
300 North "D" Street
San Bernardino, CA 92418
Phone No:
(909) 384-5179
Fax No.:
(909) 384-5179
Comments or Description of Documents:
I have faxed to vou a (5) pal!e fax from Robert J. Revnolds regardinl! Street
Improvement on Otto Gericke and Art Townsend Drive.
If vou have any questions. please contact me.
.--..
~~'..
~:<,,~~~:;,_'i ,~{~.~{
EXHIBIT "H"
DJ:;VELOPMENT SERVICES DEPARTMENT
.lOti "'"nh 'Ti' Slre", . S"n Bernardino' CA 92418-0001
Plill1nir,g & BniiJIOg 909.384.5057. Fax: 909.384.5080
\",,! ;;'_ ...."f~'.:::ngll:tenng 909.384.5111' Fax: 909.384.5155
\\ w\\...ci ,san ~bernardino .C3.US
April 18, 2001
FileNo. 7.30-14
FAXED
Mr. DeRoy Avila, President
Avila Construction, Inc..
4022 N. "F" Street
San Bernardino, CA 92407
RE: Street Improvements on Otto Gericke and Art Townsend Drive - Claim for Alleged Delay
Dear Mr. Avila:
This letter is to request your concurrence for the City to contact D. M. Sanborn Pipeline, your
subcontractor for the subject project, directly, so that we may properly address their concerns in
this matter. We are also requesting that you invite Sanborn to future meetings concerning the
alleged delay.
If you have any questions regarding this matter, please contact the undersigned at (909) 384-
5179.
Sincerely,
~
Michael W. Grubbs
Field Engineer
cc: James Funk, Director of Development Services
Ray Casey, City Engineer
Henry Empeno, Deputy City Attorney
Rick Aspril, Construction Inspector
flf'~ 19 01 09:59a
transtech en;ineers inc
909 595 9863 P.2
EXHIBIT "I"
translech
624 erea Canyon R.oad . Wa!nut
ENGINEERS. PLANNERS. MUNICIPAL CONSULTANTS
C.litornia 9' 789 . T"epho".: (009) 595.8509 . Fax: (000) 5~
April 18, 2001
Reissued on April 19, f001
and
This letter is reissued with a correction shown
in bold on page 2, :r paragraph, last line.
The word "not" was missing from the
sentence. Please replace the fax copy which
was transmitted to you on April 18, 2001 with
this letter.
City of San Bernardino
Mr. Michael W. Grubbs
300 North D Street
San Bernardino, CA 92418-0001
Avila Construction. Inc.
Richard Avila
PO Box 6291
San Bernardino. CA 92412
Subject:
Street Improvernents at Art Townsend and Otto Gericke
Dear Sirs:
This letter is to follow-up my April 9, 2001 letter and communication with the City of San
Bernardino Staff and Mr. Richard Avila this afternoon regarding subject project.
As of 5:00 PM, Wednesday, April 18, 2001,1 have not received any of the information and
documents requested from Mr. Avila to review the extra cost claim.
As I explained to both the City staff and Mr. Avila at the March 29, 2001 meeting, and later
again in my April 9, 2001 letter, in order to review the extra cost claims, ,I requested that
Mr. Avila to submit backup documentation and breakdown of the costs, including time
cards, certified payroll, invoices from suppliers, vendors, equipment rental places, receipts
for expenses, labor rates paid, overhead costs, and all otherdocumentalion. I also pointed
out to Mr. Avila that he should follow Project SpeCifications and applicable Sections of the
Standard Specifications for Public Works Construction (Greenbook) on which the project
5pecifications are based. My April 9, 2001 letter provided applicable excerpts from the
Greenbook to assist everyone to better understand the applicable requirernents of the
Greenbook that will be the basis for our review of this issue.
As a follow-up to March 29, 2001 meeting, I spoke with Richard Avila of Avila Construction
on April 4, 2001 to find out if the requested back-up documentation was ready for my
Page 1 of 2
ft "'______._
-
! flf': 19 01 08:59a
t~an5tech en;inee~5 inc
909 595 8863
p.3
EXHIBIT "I"
review. Mr. Avila indicated that his waterline sub-contractor and he were working on
gathering the documentation and may have it next week.
On April 9, 2001 I forwarded a letter to both City and Mr. Avila explaining that I need
backup documentation from Mr. Avila in order to review the extra cost claims.
On April 11,2001, the City of San Bernardino provided me a copy of a letter from Mr.
Avila's attomey (dated April 10, 2001) which provided a spread sheet of various extra
costs. I reviewed the letter and attached 2 pages of spread sheets. The spread sheets
show a lump-sum amount of $148,000 for delay costs for the period of FebNary 9, 2001
to March 9, 2001, and new unit prices for various bid items per revised plan. The letter did
not include any requested backup documentation.
I spoke with Mr. Avila in the afternoon of April 18, 2001 and asked when he will submit the
requested backup documentation for my review, and suggested that I could meet with him
and his waterline sub-contractor to assist them. Mr. Avila indicated that he submitted
whatever information he has to the City with hIs attorney's April 1 0, 2001 letter, and didn't
see any benefll in having a meeting with me and his sub-contractor. He indicated that his
Attorney is handling this case.
.
I hereby infonn both parties that without the back-up documentation, I can not review this
issue, and can not provide any professional opinion or recommendation to Mr. AVIla and
the City, and therefore, I am unable to provide any further services on this matter.
It was a pleasure meeting with both parties. While I am unable to continue with my
services at this point, feel free to contact me when the back-up documentation is available,
and if you desire me to review it and assist both parties in resolving this issue. I can be
reached at 909-383-8579, Ext 121.
Sincerely,
Transtech Engi e
~~"
Principal
S.1WPROCESSVOBRfCRDl2OO1\21073 S8 AVIlA CONSTRUCTJON.(;IrnD41BOI.I.'Irpd
Page 2 of 2
t::::::;;;t;;;:
TELEPHONE
(909) 886 -0707
FACSIMILE
(909) 881-2759
EXHIBIT "J"
1f/-<WJI ~->.
ATIORNEY AT LAW
~k~
824 EAST HIGHLAND AVENUE
SAN BERNARDINO, CALIFORNIA 92404-4006
E-MAIL:
Wacyesq@earthlink.nel
VIA FACSIMILE AND U.S. MAIL
roJ. 0 ~(b~~ JW.[~~
1m MAY : .':J' l!lj
May 10, 2001
CITY OF SAN BEHNARDINO
DEVELOPMENT SERVtCES
DEPARTMENT
City of San Bernardino
Developrnent Services Department
300 N. "D" Street
San Bernardino, CA 92418-001
Attn: Raymond A. Casey
City Engineer, Public Works Division
Re: Street Improvements of Artffownsend Drive and
Otto Gericke Drive at the San Bernardino International
Airport-Federal E.D.A. No. 07-49-02680.02
Plan No.: 9479
File No.: 7.30-40
Dear City of San Bernardino, Mr. Casey, et a1.,:
Please be advised that I have been informed that Sanborne Pipeline Construction
will not participate in a non-binding arbitration as proposed by the City of San
Bernardino in Mike Grubb's facsimile dated May 8, 2001. Without Sanborne's
involvement, it is highly unlikely that a non-binding arbitration would result in a final
resolution of this matter.
Please permit this letter to be a Demand for Arbitration pursuant to Part 2 -
General Conditions, paragraph 30.1 of the contract between the City of San Bernardino
and Avila Construction, Inc..
I have requested the appropriate forms to subrnit this matter to a binding
arbitration from American Arbitration Association in accordance with the Construction
Industry Arbitration Rules. As soon as I receive them, I will forward a copies to the City
Attorney's Office for its review.
EXHIBIT "J"
Raymond A. Casey
City Engineer, Public Works Division
May 10,2001
Page 2
In the interim, should you have any questions or comrnents regarding this matter,
please do not hesitate to contact me personally.
Respectfully yours,
W{)[A}~CM~ 4.
WACY ARMSTRONG, JR
Attorney at Law
W AJ/mlr
cc: Henry Empeno, City Attorney's Office (Via Facsimile and U.S. Mail)
Robert J. Reynolds, Esq. (Via Facsimile and U.S. Mail)
Avila Construction Inc. (Via Facsimile and U.S. Mail)
J arnes Funk, Director of Development Services (Via U. S. Mail Only)
Michael Grubb, Field Engineer (Via Facsimile and U.S. Mail)
Jerry Eaves. San Bernardino County District Supervisor (Via U.S. Mail Only)
Joe Bacca, U.S. Congressman (Via U.S. Mail Only)
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: May 2.2001
Subject: Cancellation of the contract with Avila
Construction for street improvements of Art
Townsend Drive and Otto Gericke Drive at the
San Bernardino International Airport per Plan No.
9479. authorization to pay approximately $30,300
to A vila Construction for work completed and
authorization for direct purchase of the 12" and
16" water line pipe and fittings currently stored at
the site for an estimated amount of $125,000
subject to verification of actual vendor invoice and
reasonable handling costs.
MCC Date: 05/07/01
From: James Funk
Dept: Development Services
File: 7.30-14
Synopsis of Previous Council Action:
5/5/97 Resolution No. 97-121 was adopted authorizing the Mayor to execute a Grant application to The
United States Department of Commerce. Economic Development Administration for the improvement
at Mill Street from Lena Road to Tippecanoe Avenue, Otto Gericke Drive and Art Townsend Drive.
6/5/97 Allocated $1,287,500 for Mill Street improvement in Account No. 242-362-5504-7106.
7/10/00 Allocated $634.800 for Art Townsend, Otto Gericke Drives realignment as part of the FY
2000/01 CIP budget.
8/21/00 Approval of Plan and authorization to advertise for bid.
12/18/00 Authorized Director of Finance to amend the FY 2000/01 budget to increase the expenditure
budget (Account No. 242-362-5504-7093) by $177.200 and adopted Resolution No. 2000-357 awarding
construction contract to A vila Construction.
03/26/01 Continued to MCC meeting of 04/02/01.
04/02/01 Continued to Mayor and Common Council meeting of 04/16/01
04/16/01 Continued to Mayor and Common Council meeting of 05/07/01
Recommended Motion:
1. That the Mayor and Common Council cancel the contract with A vila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International
Airport per Plan No. 9479. under provisions of Section 6-4 "Default by Contractor" of the
Standard Specifications; and
2. That the Mayor and Common Council authorize payment of approximately $30,300 to Avila
Construction for work completed and authorize direct purchase of the 12" and 16" water line pipe
and fittings currently stored at the site for an estimated amount of $125,000 subject to verification
of actual vendor invoice and reasonable handling costs, and authorize staff to accept and process
additional claims for valid costs and damages, if any, from Avila constru~
M!:sFunk
Contact person: Michael Gmhhs Field Rnl1ineer
Phone: 5179
Supporting data attached: Staff Report & Exhibits" A" - "I" Ward: 1
FUNDING REQUIREMENTS:
Amount: Not to Exceed $170,000
Source: (Acct. No.) 242-362-5504-7093
A~ct. Description: Art Townsend Drive and O~2:;~
Fmance: J
Agenda Item .3S
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Cancellation of the contract with A vila Construction for street improvements of Art Townsend
Drive and Otto Gericke Drive at the San Bernardino International Airport per Plan No. 9479,
authorization to pay approximately $30,300 to Avila Construction for work completed and
authorization for direct purchase of the 12" and 16" water line pipe and fittings currently
stored at the site for an estimated amount of $125,000 subject to verification of actual vendor
invoice and reasonable handling costs.
Background:
On December 18, 2000, the City entered into a Contract with Avila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport (SBIA), per Plan No. 9479, for the contract amount of $692,191.50
pursuant to the public bid process wherein the bids were received on November 21,2000. The
submitted bids ranged from $692,191.50 to $1,043,017.75.
At a special meeting on March 26, 2001, Staff was directed by the Mayor and Common
Council to once again try to reach an agreement with A vila Construction to proceed with the
revised project, necessitated by the Hillwood Strategic Services development plans, utilizing an
"independent third party engineer" to assist both parties in reaching an agreement.
A third party firm was selected and agreed to by both City staff and A vila Construction, and an
introductory meeting was held on March 29, 2001. A letter from the third party engineer,
Trans Tech, Inc., is attached to the staff report outlining the information requested of both
parties at the meeting in order for him to be able to proceed with his evaluation. The
information referenced in the letter is absolutely necessary in order to assess the actual costs as
prescribed by the Contract and the Standard Specifications for Public Works Construction
(included in the contract), and in order for the City/SBIA to seek proper reimbursement from
the Federal Economic Development agency for said costs.
To date, the information has not been provided by Avila Construction (see letter dated April 3,
2001, Exhibit "D").
A detailed discussion of the issues and steps taken by staff in the past month to resolve this
matter are described in Exhibit "A" attached.
Staff feels that every reasonable effort has been made to assist A vila Construction in providing
the necessary documentation to support his delay claim and to get back to work. However,
Avila Construction continues to insist on payment of approximately $148,000 in alleged delay
costs that are not supported by verifiable documentation as required by the contract
specifications.
-2-
Staff Report - continued
Staff has offered to compensate the Contractor for minor costs incurred due to idled equipment
and loss of efficiency experienced due to the plan revisions, subject to submittal of proper
back-up documentation as required by the contract. Staff has estimated those costs, based on
inspection daily reports, to be approximately $6,000.
Reasons to cancel the contract with Avila Construction, Inc.:
. Contrary to the requirements of the contract and instructions from City Staff,
Avila withdrew from the job, demands unacceptable concessions for alleged
delay and, to date, has claims for undocumented costs for delays.
. In order to return to work, Avila is demanding quantum increases in the per unit
cost of materials which have no justification in the opinion of the City Engineer.
. The project is behind schedule and there does not appear to be a resolution to
the disagreements over delays, documentation, agreement on the scope of work,
the change order unit prices, or the date A vila Construction would be willing to
resume work.
Section 6-4 "Default by Contractor" of the Standard Specifications states that "The Contract
may be cancelled by the Board (Mayor and Common council) without liability for damage,
when in the Board's opinion the Contractor is not complying in good faith, has become
insolvent, or has assigned subcontracted any part of the Work without the Board's consent."
Further, Section 6-4 states that "If the Agency declares the contract cancelled for any of the
above reasons, written notice to that effect shall be served upon the Surety. The Surety shall,
within 5 days, assume control and perform the Work as successor to the Contractor."
Since Avila Construction, Inc. has not proceeded in good faith with the work, we recommend
that the Mayor and Common Council cancel the contract under the provisions of Section 6-4
"Default by Contractor" of the Standard Specifications, allow Avila to make adequate
documented claims for valid costs incurred prior to cancellation, if any, in compliance with the
requirements of the contract (whiCh includes adhering to the Standard Specifications for Public
Works Construction, 2000 Edition), and rebid the work.
Financial Impact:
Sufficient funds are available in Account No. 242-362-5504-7093 to cover all compensation
proposed herein.
Staff contacted the Federal Economic Development Representative, Paul Weldon, and he
confirmed that verifiable delay costs, as well as material purchases, would be reimbursable
provided the City could produce adequate justification and documentation.
If the recommended motions are approved, it will be necessary for City staff to notify Avila
Construction's bonding company and afford it 5 days to assume control and perform the Work
as successor the Contractor. If the Surety does not assume control with 5 days, the Agency
can exclude the Surety and Contractor from the premises of the Work.
-3-
Staff Report - continued
Recommendation:
1. That the Mayor and Common Council cancel the contract with Avila Construction for
street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479, under provisions of Section 6-4 "Default by
Contractor" of the Standard Specifications; and
2. That the Mayor and Common Council authorize payment of approximately $30,300 to
Avila Construction for work completed and authorize direct purchase of the 12" and 16"
water line pipe and fittings currently stored at the site for an estimated amount of $125,000
subject to verification of actual vendor invoice and reasonable handling costs, and authorize
staff to accept and process additional claims for valid costs and damages, if any, from
Avila Construction.
-4-
EXHIBIT "A"
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ISSUES AND REASONS:
A. The contractor left the job site claiming that the project has been changed.
By abandoning the job site, the Contractor is in violation of the Contract Specifications
as explained below:
The Contractor abandoned the job site instead of proceeding with the project and
claiming change orders and delay costs if his operation was slowed down or the
cost of the work had increased due to significant changes in work or utility
conflicts.
Greenbook (Standard Specifications for Public Works Construction, 2000
Edition), Section 3 covers "Changes in Work" and provides the necessary
process and requirements to be followed by the City and Contractor. Per
Section 3-2 of the Greenbook, the Agency may change the Plans, Specifications,
character of work, or quantity of work, and pay the contractor based on the
following methodology:
a.
If the total arithmetic dollar value of all such changes, both
additive and deductive, does not exceed 25 percent of the
Contract Price, the changes are handled with Change Orders.
"....
'-,
b. If the 25 % limitation is exceeded, the change shall be by means
of a written Supplemental Agreement between the Contractor and
Agency, unless both parties agree to proceed with the change by
Change Order.
For reference, the following is the text as included in the Greenbook on this
subject:
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications, character of
work, or quantity of work provided the total arithmetic dollar value of all such
changes, both addirive and deductive, does not exceed 25 percent of rhe
Contract Price. Should it become necessary to exceed this limitation, the
change shall be by written Supplemental Agreement between the Contractor and
Agency, unless both panies agree to proceed with the change by Change Order.
B. The Contractor wants a different unit price for contract items, which have changed in
quantity. The Contractor cannot demand an arbitrary increase in the unit prices
because the quantities have changed.
-.
The payment for changed quantities are established based on the following methodology
per the Greenbook:
Page 1 ofS
EXHffiIT "A"
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In the case of an increase or decrease in a bid item where the total change is not
in excess of 25 percent of the total cost of such item, the payment will be based
on the original Contract Unit Price. Adjustments in excess of 25 percent may
be done by extension of Contract Unit Prices, or per Agreed Prices, and if no
agreement is reached, the Contractor is required to perform the work and submit
its cost claim to the City as described in Section 3-3.2.2 which describes the
basis for establishing costs for extra work.
For reference, the following is the text as included in the Greenbook on this
subject:
3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work
covered by a Contract Unit Price, and such change does not involve a
substantial change in character of the work from thar shown on the Plans
or included in the Specifications, then an adjustment in payment will be
made. This adjustment will be based upon the increase or decrease in
quantity and the Contract Unit Price.
,..
",.
In the case of such an increase or decrease in a bid item, the use of this basis for
the adjustment of payment will be limited to that portion of the change, which
together with all previous changes to that item, is not in excess of 25 percent of
the total cost of such item based on the original quantity and Contract Unit
Price. Adjustments in excess of 25 percent may be done by extension of
Contract Unit Prices as described above, or pursuant to subsection 3-2.2.3.
3-2.2.2 Agreed Prices. Adjusrments in payments for change other than
those set forth in 3-2.2.1 and 3-2.2.2 will be determined by agreement
berween Contractor and Agency. If unable to reach agreement, the
Agency may direct the Contractor ro proceed on the basis of Extra Work
in accordance with 3-3.
C. The Contractor wants payment for any deleted work items to include future profit
(especially for the waterline, the Contractor stated at the March 29, 2001 meeting with
the City that the water contractor would have made 50% profit if he had done the entire
water line work).
Per the Greenbook, for the deleted contract items, the City shall only pay actual costs
incurred prior to notification of such deletion.
.....
For reference, Greenbook Section 3-2.2.1, last paragraph of this Section on Page 16
states:
,....
Page 2 ofS
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D.
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EXHIBIT "A"
Should any Contract item be deleted in its entirety, payment will be made only
for actual cosrs incurred prior to notification of such deletion.
The Contractor requests payment in excess of $200,000 for 5 weeks of alleged delays
and higher unit prices for work items where quantities have changed, without
providing any required back-up for his claim and cost increases in unit bid prices.
It should also be noted that during this period (actually 3 weeks), there were 6 working
days and 9 non-working days due to rain. During the same period, Mr. A vila and his
crew also worked as a sub-contractor on another City job a total of 3 of the working
days and they made no attempt to continue working on this job.
The City cannot consider any arbitrary cost claims without the required back-up
documentation. Please note that the funding for this project is a grant from the Federal
Economic Development Agency (Federal EDA) via the Inland Valley Development
Agency (IVDA). Payments made contrary to the contract (and standard industry
practice for public works projects) are not likely eligible for reimbursement. Section 3
of the Greenbook, explains in detail the methodology to account for costs. The basis
for establishing costs are:
Labor costs, which is the actual cost of wages of workers performing rhe extra
work.
Material costs used for the extra work.
Costs for tools and equipment used for the extra work.
Vendors' invoices for material, equipment rental and other expenditures, which
shall be submitted with the request for payment for extra work.
Subcontractor costs
Reasonable markup
The Contractor has failed to submit required information to substantiate its extra costs
for alleged delay and quantity changes.
For reference, the following are various sections of text as included in the Greenbook
on this subject:
3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as "exrra work" when
the Engineer determines that it is not covered by Contract Unit Prices or
sripulated unit prices.
3-3.2.2 Basis for establishing Costs.
(a) Labor. The costs of labor will be the actual cost of wages of workers
performing the extra work at rhe time the extra work is done, plus employer
payments of payroll taxes, workers compensation insurance, liability insurance,
Page3 of 8
EXHIBIT "A"
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health and welfare, pension, vacation, apprenticeship funds, and other direct
costs, resulting from Federal, Srate, or local laws, as well as assessments or
benefits required by lawful collecrive bargaining agreements.
Labor costs for equipment operators and helpers shall be reported only when
such costs are not included in the invoice for equipment rental. The labor cost
for foremen shall be proportioned to all of their assigned work and only that
applicable to extra work will be paid.
Non-direct labor costs, including superintendence, shall be considered part of
the markup of Section 3-3.2.3 (a).
(b) Materials. The cost of materials reported shall be ar invoice or lowest
current price at which such materials are locally available and delivered to the
job site in the quantities involved, plus sales tax, freight, and delivery.
(c) Tools and Equipment Rental. Regardless of ownership, the rates to be used
in determining equipment rental costs shall not exceed listed rates prevailing
locally at equipment rental agencies, or distributors, at the time the work is
performed.
"...
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If equipment is used intermittently and, when nor in use, could be returned to its
rental source at less expense to the Agency rhan holding it at the Work site, it
shall be returned, unless the Contractor elects to keep ir at the work site, at no
expense to the Agency.
(e) Invoices. Vendors' invoices for material, equipment rental and other
expenditures shall be submitted with the request for payment
3-3.2.3 Markup.
(a) Work by Contractor. Unless otherwise provided in the Special Provisions, a
reasonable allowance for overhead and profit shall be added to the Contractor's
costs as determined under 3-3.2.2 and shall consritute the markup for all
overhead and profir on work by the Contractor. The Contractor shall also be
compensated for the actual increase in the Contractor's bond premium caused
by the extra work.
(b) Work by Subcontractor. When any of the extra work is performed by a
Subcontracror, rhe markup established in 3-3.2.3(a) shall be applied to the
Subcontractor's costs as determined under 3-3.2.2. Unless otherwise provided
in rhe Special Provisions, a reasonable allowance for the Contractor's overhead
and profit shall be added to the sum of the Subcontractor's costs.
......
Page 4 of 8
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EXHIBIT "A"
E.
Section 3-4 of Greenbook covers the requirements that the City and Contractor must
comply for changed conditions as follows:
If the Engineer determines that the conditions are changed and will materially
affect costs, a Change Order will be issued adjusting the compensation for such
portion of the Work in accordance with 3-2.2.
If the Engineer determines that conditions are changed conditions and they will
materially affect performance time, the Contractor, upon submitting a written
request, will be granted an extension of time subject to the provisions of Section
6-6.2.
If the Engineer determines that the conditions do not justify an adjustment in
compensation, the Contractor will be notified.
If the Contractor disagrees with the decision, it may submit a written notice of
potential claim to the Engineer. In the event of such dispute, the Contractor
shall not be excused from any scheduled completion date provided by the
Contract and shall proceed with all work to be performed under the Contract.
Despite the City's several requests to proceed with the work, and instead of complying
with the requirements of contract specifications and proceeding with the work, the
Contractor abandoned the job site, and, therefore, is in violation of the contract.
For reference, the following are various sections of text as included in the Greenbook
on this subject:
If the Engineer determines that the conditions are changed conditions and will
materially affect costs, a Change Order will be issued adjusting the
compensation for such ponion of rhe Work in accordance with 3-2.2. If the
Engineer determines that condirions are changed conditions and they will
materially affect performance time, the Contractor, upon submitting a wrirten
request, will be granted an extension of time subject to the provisions of 6-6.
If the Engineer determines that the conditions do not justify an adjustment in
compensation, the Contractor will be notified in writing. This notice will also
advise the Contractor of its obligarion to notify the Engineer in writing if the
Contractor disagrees.
Should the Contractor disagree with the decision, it may submit a written notice
of potential claim to the Engineer before commencing the disputed work. In the
event of such dispute, the Contractor shall not be excused from any scheduled
completion date provided by the Contract and shall proceed with all work ro be
performed under the Contract. However, the Contractor shall retain any and all
rights provided by either Contract or law which penain to the resolurion of
Page 5 ofS
EXHIBIT "A"
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disputes and protests between the contracting parties. The Contractor shall
proceed as provided in 3-5.
F. As stated in Section 3-5 of Greenbook regarding Disputed Work, in the event the
Contractor and the Agency are unable to reach agreement on disputed work, the
Agency may direct the Contractor to proceed with the work.
Despite the City's several requests to proceed with the work, Avila Construction
refused to comply with the City's direction.
For reference, the Greenbook Section 3-5 on Page 18 and 19 states:
3-5 DISPUTED WORK. If the Contractor and the Agency are unable to reach
agreement on disputed work. the Agency may direct the Contractor to proceed
with the work. Payment shall be as later determined by mediation or arbitration,
if the Agency and Contractor agree thereto, or asfixed in a court of law.
Although not to be consrrued as proceeding under extra work provisions. rhe
Contractor shall keep and furnish records of disputed work in accordance with
3-3.
c:
G.
The Contractor claims that due to conflicting utilities, the work scope has changed and
he will not proceed with the work unless he is paid for this alleged delay and, in
addition, wants an increase in unit bid prices.
The contractor is in violation of the Contract Specifications by abandoning the job site,
instead of proceeding with the project and accounting for his alleged extra costs as
explained above.
Conflicts with utilities is covered in Section 5 of the Greenbook, which provides
specific clear directions and methodology that need to be followed by the Contractor in
case of utility conflicts as follows:
As stated in Section 5-2 of the Greenbook, the Contractor is required to inform
the Engineer upon learning of the existence and location of any utility omitted
from or shown incorrectly on the Plans, the Contractor shall immediately notify
the Engineer in writing. When authorized by the Engineer, support or
protection of the utility will be paid for as provided in 3-2.2.3 or 3-3 (explained
above).
For reference, Greenbook Section 5-2, third paragraph of this Section on Page
22 states:
-"'~"
Upon learning of rhe existence and location of any utiliry omitted from or
shown incorrectly on the Plans, the Contractor shall immediately notify
....'
Page 6 of8
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EXHIBIT "A"
the Engineer in writing. When authorized by the Engineer, support or
protection of the utiliry will be paid for as provided in 3-2.2.3 or 3-3.
As stated in Section 5-5 of the Greenbook, the Contractor may be given an
extension of time for unforeseen delays attributable to unreasonably protracted
interference by utilities in performing work correctly shown on the plans.
For reference, Greenbook Section 5-5, third paragraph of this Section on Page
23 states:
The Contractor may be given an extension of time for unforeseen delays
attributable to unreasonably prorracted interference by urilities in
performing work correctly shown on the plans.
Section 5-5 of the Greenbook also states that the Contractor is required of
judicious handling of his forces, equipment, or plant in the event of a delay. If
the Contractor sustains loss due to delays relating to utilities, and the Contractor
could not avoid the loss by the judicious handling of forces, equipment, or
plant, the Contractor would be paid an amount for his actual loss, which the
Engineer may find to be fair and reasonable.
The Contractor is claiming costs for the delay based on his future profits, loss of
production, potential profits he might have realized, and other unknown and
unexplained factors, and without any back-up of such costs.
For reference, Greenbook Section 5-5, third paragraph of this Section on Page
23 states:
If the Contractor sustains loss due to delays attributable to interference,
relocations, or alteration not covered by 5-1, which could not have been
avoided by the judicious handling of forces, equipment, or plant, there
shall be paid to the Contractor such amount as the Engineer may find to
be fair and reasonable compensation for such part of the Contractor's
actual loss as was unavoidable and the Contractor may be granted an
exrension of time.
H.
In addition to many attempts to resolve the above issues by City staff, Mr. Ali Cayir,
the agreed on "third party engineer", requested the back-up information from Mr.
Avila on several occasions for his claims. Mr. Avila has not submitted any back-up
information. The following is a summary of Mr. Cayir's attempts to request the back-
up documentation:
At the March 29, 2001 meeting, Mr. Cayir explained to Mr. Avila that in order
to review the extra cost claims Mr. Avila must submit backup documentation
and breakdown of the costs, including time cards, certified payroll, invoices
from suppliers, vendors, equipment rental places, receipts for expenses, labor
Page 7 ofS
EXHmIT "A"
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rates paid, overhead costs, and all other documentation. Mr. Cayir pointed out
to Mr. A vila that he should follow Project Specifications and applicable Sections
of the Standard Specifications for Public Works Construction (Greenbook) on
which the project specifications are based.
Mr. Cayir spoke again with Richard Avila on April 4, 2001 to fmd out if the
requested back-up documentation was ready for his review. Mr. Avila indicated
that his waterline sub-contractor and he were working on gathering the
documentation and may have it next week.
In his April 9, 2001 letter, Mr. Cayir again requested the information from Mr.
Avila, and also provided applicable excerpts from the Greenbook to assist Mr.
A vila to better understand the applicable requirements of the Greenbook.
On AprillI, 2001, the City of San Bernardino faxed to Mr. Cayir a letter from
Mr. Avila's attorney (dated April 10, 2001), which provided a spreadsheet of
various extra costs. Mr. Cayir reviewed the letter and attached 2 pages of
spreadsheets. In his April IS, 21001 letter, Mr. Cayir stated that the letter did
not include requested backup documentation.
"...
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Finally, upon recommendation from the City Attorney's office, Mr. Cayir spoke
again with Mr. Avila on April IS, 2001 and asked when the requested backup
documentation would be submitted, and suggested a meeting with him and his
waterline sub-contractor to assist them. Mr. Avila indicated that he subrnitted
whatever information he has to the City with his attorney's April 10, 2001
letter, and didn't see any benefit in having a meeting.
SUMMARY:
Avila Construction is in violation of the contract and specifications, has made what could be
construed by auditors as "false claims" for the company's alleged delay costs in the eventuality
of the City undergoing a Federal Audit, has not substantiated any delay costs as required by the
contract specifications, refused to proceed with work despite the City's many reminders and
notices, and is not cOlnplyin~ with the contract in eood faith. Avila Construction has
abandoned the project, deprived the public of use of the improvements, and caused the City to
sustain extra costs by having City staff spent time and effort on these unsubstantiated claims
and also additional cost which will be paid to the third party engineer, Mr. Cayir.
,.
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Section 6-4 of Greenbook, paragraph 2 under this section on page 25, states that the Contract
may be cancelled by the Board without liability for damage, when in the Board's opinion the
Contractor is not complyin~ in ~ood faith. In the event of such cancellation, the Contractor
will be paid an actual amount due based on Contract Unit Prices or lump sums bid and the
quantity of the work completed at the cancellation, less damages caused to the Agency by acts
of the Contractor.
Page S ofS
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EXHIBIT "B"
DEVELOPMENT SERVICES DEPARTMENT
--
~
300 North "D" Street. San Bernardino' CA 92418-0001
Pbnning & Building 909.384.5057 - Fax: 909.384.5080
Pllhli~ W,,,k$/Engineering 909.384.5111- Fax: 909.384.5155
www.ci.san-bernardino.ca.us
March 6, 200 I
File No. 7093
Avila Construction, Inc..
264 Leland Norton Way, Su BI50
San Bernardino, CA
RE: Street Improvements on Otto Gericke and Art Townsend Drive
Dear Mr. Avila:
"....
'---
We are in receipt of your letter dated March 2, 2001 (received March 5, 2001). I am confused by
the "Strategy " you have selected to pursue regarding this project. As you are aware, some
adjustments to the scope of work were requested by the Inland Valley Development Agency
(IVDA) and Hillwood Developrnent on or about February 9, 2001 affecting the limits of work
for the "surface improvements".
Coincidentally, pursuant to your utility field verification provided for in the plans and
specifications, several conflicts were identified with the water line as designed.
According to your letter dated February 15, 2001, you elected to "pull off' the job shortly
thereafter, awaiting a field revision to the plans, indicating that Sanborn Pipeline, your
subcontractor, had not been able to proceed with water line installation and had been delayed
since February 8, 2001. Those revisions to both the surface improvements and the water line
were completed signed and made available to you on February 21, 2001 and staff has repeatedly
requested that you return to work (Project Inspector and Field Engineer). Since that time
apparently an additional conflict arose and the subsequent design change was accomplished by
the Engineer of Record, Hernandez & Kroone and made available to you on February 27, 2001.
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EXHIBIT "B"
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However, at no time were you directed by staff to stop work either verbally, or in writing,
as provided by Section 6-3 "Suspension of Work" of the Standard Specifications. Staff
believes that contract work should have been commencing all along (as described in your
letter dated February 20). "We were instructed, by the inspector, Rick Aspril to proceed in
an as-built, as-you-go, construction method".
As we discussed in the meeting on February 16,2001 (minutes attached), it was the City's intent
to explore extending the contract unit prices to increase the quantities associated with the 3 rd
Street improvements to minirnize the impact of the reduced scope of work on Art Townsend/Otto
Gericke necessary to accommodate the IVDAlHillwood development plans. The basic
information regarding those quantities was made available on the revised plans on February 21.
During the same meeting you suggested that jack boring may be advisable for a srnall section of
the water line installation (18+/-). You also agreed to provide costs for the jack boring altemative
as well as other requested costs associated with the changes dictated by the field utility
verifications. To date, none of those costs have been provided to staff.
c:
As you are aware, the Standard Specifications allow for the contractor and agency to negotiate a
reasonable cost for "extra work". Clearly staff recognizes there are extra work costs associated
with the field design changes necessary to avoid utility conflicts, particularly related to shoring
costs in the section of water line redesigned at substantively greater depths.
Lacking those submittals, staff has nothing with which to "negotiate" reasonable costs for the
extra work. The Standard Specifications does provide for an alternative wherein the contractor
and agency are unable to negotiate a reasonable cost for the extra work, however. Specifically,
according to Section 3-5 "Disputed Work" the agency may direct the contractor to proceed with
the disputed work utilizing time and materials as the basis for payments if no understanding can
be reached.
However, according to the plans and specifications, (excerpt attached) the contractor is
responsible for field utility verification and all costs associated with by-passes, etc. are included
in the original contract. Regardless, the process of negotiating the costs of extra work should
not, and may not preclude the contractor frorn proceeding with the contract work pursuant to
Section 33-5 "Disputed Work" of the Standard Specifications (excerpt attached).
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EXHIBIT "B"
Therefore, I am hereby directing you to return to work within 48 hours and diligently proceed
toward completing the project. Failure to proceed with the work in accordance with Section 6-2
"Prosecution of Work" of the Standard Specifications may result in a recommendation to the
board (Council) that you have defaulted on the contract under the provisions of Section 6-4
"Default by Contractor", and that the board terminate the contract.
In addition, given the lack of cost information from your firm, the City has no recourse but to
take the position of reducing the contract quantity for installation of water line by 360 feet
between stations 45+20 and 48+80 and 160 feet between Stations 23+80 and 25+40 and paying
your firm for time and materials for those reaches of waterline.
Sincerely,
AJP~
RAYMOND A. CASEY
City Engineer
Michael W. Grubbs
~. ~:er _ /
~2GRr~ -J
RIC ASI:>r~ {
Construction Inspector
cc: James Funk, Director of Development Services
Henry Empeno, Deputy City Attorney
Michael W. Grubbs, Field Engineer
Rick Aspril, Construction Inspector
EXHIBIT "B"
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-1 MPORT ANT NOTE-
i. THERE ARE CURRENTLY 5 WATER SERVICES CONNECTED TO THE EXISTING
MAIN WHICH WILL BE RELOCATEO TO THE NEW MAIN AS PART OF THIS CONSTRUCTION.
THE RELOCATIONS WILL TAKE PLACE AFTER THE NEW MAIN IS IN SERVICE AND BEFORE
THE EXISTING MAIN IS ABANDONED TO MINIMIZE DISRUPTION OF SERVICE TO THE
CUSTOMERS.
SPECIFIC NOTES-
I. ALL WATER PIPELINES AND APPURTENANCES SHALL BE CONSTRUCTED IN ACCORDANCE
WITH SAN BERNARDINO MUNICIPAL WATER DEPARTMANT ISBMWDl STANDARDS AND
SPECiFICATIONS AND IN PRESENCE OF THE SBMWD INSPECTOR.
2. ~ RESTRAIN JOINTS AS PER STD DWG NO W6.4.
3. MAINTAIN MINIMUM 30' OF COVER ON PIPE EXCEPT AS SHOWN ON PLANS. PROFILE OF WATER
LINE WILL BE DETERMINATEO IN THE FIELD. BASED ON EXISTING UTILITIES AND EXISTING
ELEVATIONS OF EXISTING WATER LINE AT TAPS. INSTALL PIPE TO PROVIDE CONTINUOUS UPHILL
GRADIENT WEST TO EAST AND SOUTH TO NORTH. CONTRACTOR SHALL EXCAVATE FAR ENOUGH
IN ADVANCE TO ALLOW MINOR GRADE ADJUSTMENTS TO MAINTAIN DESIRED UPHILL GRADIENT OF
PIPE.
~". INSTALL I' AIR RELEASE VALVE AT ALL LOCAL HIGH POINTS AT NO ADDITIONAL COST
'-~IR RELEASE VALVES. VACUUM OR COMBINATION VALVES, PER STD DWG NO W7. I, WILL BE
AS NEEDED.
5. NEW WATER LINE WILL BE CONSTUCTED AND TESTED BEFORE SERVICES ARE CONNECTED
AND EXISTING WATER LINE IN ART TOWNSEND DR IS ABANDONED IN PLACE.
6. MOST EXISTING IRRIGATION, FIRE, AND DOMESTIC SERVICES WILL BE CONNECTEO TO
NEW 12 OR 16 INCH WATER LINE. SERVICES TO DEMOLISHED BUILDINGS WILL NOT BE CONNECTED BUT
WILL BE DEMOLISHED TO BELOW GRADE.
TO OWNER
INSTALLED
7. NEW DOMESTIC. IRRIGATION AND FIRE SERVICES WILL BE INSTALLED IN LOCATIONS
TO BE DETERMINED.
B. STREETS SHALL BE CLOSEO DURING PIPELINE CONSTRUCTION. PAVEMENT REPAIR AND
MARKINGS REPAIR WILL NOT BE REOUIRED AFTER PIPELINE CONSTRUCTION.
STREETS WILL BE RESURFACED AFTER UTILITY INSTALLATION IS COMPLETED.
TRENCHES WILL BE BACK FILLED DAILY TO PROTECT THE PUBLIC DURING NON WORKING HOURS.
9. EXISTING FIRE HYDRANTS TO BE ABANDONED WILL BE REMOVED TO BELOW GRADE. SURFACE
WILL BE PATCHED TO MATCH SURROUNDING SURFACE.
10. OFFSETS AROUND EXISTING UTILITIES WILL BE INSTALLED AS NEEDED.
OFFSETS WILL BE CONSTRUCTED PER STD DWG W 6.9 AND W 6.9B ADO I' AIR RELEASE PER
STD DWG W 7. I AT LOCAL HIGH POINTS.
II, ALL THRUST BLOCKS WHICH MAY BE NEEOED SHALL BE POURED IN PLACE WITH A MINIMUM
SURFACE BEARING AREA, PER STD DWG NO W6. I I, AGAiNST UNDISTURBED SOIL. CONCRETE IN CONTACT
WITH FITTING HARDWARE IS UNACCEPTABLE.
-c
.--
APPI
Hernandez, Kroone 'IT' I
& Auodatel, Inc. ",Ie
"'S
CONSUl. TING ENGINEERS -
UtrlDERO"OU,.D SERVICE ALERt
P1._ING - DESIGN - SURVEYING
SECTION 421114217 aF TIt: ~T COIlE REQUIlES A DIG
-- - - __ __ _u_ __..._ .AI tDT __..T...,......,...... ......rR ~ ~ 1EF0RE A "PERYT TO
-
......
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EXHIBIT "B"
File 7.30-14
Minutes of Meeting
Street Improvements at
Art Townsend/Otto Gericke
San Bernardino International Airport and Trade Center
Date: February 14,2001
Location: Public Works Conference Room
Time: 3:30 pm
Attendees:
Alex Estrada.IVDA
Rick Avila. Avila Construction
Richard Morales. Avila Construction
Mike Grubbs. City of San Bernardino
Rick Aspril, City of San Bernardino
Richard Hernandez. HK & A
Matt Tsugawa. HK & A
The following is a summary of items discussed during the Progress Meeting:
1. Need to clear with Water Department regarding removal of some water crossing - Revised
plan presented.
2. More than 4' deep so subject to OSHA requirements will greatly increase price. May have to
bore in Art Townsend where utilities are clustered.
3. Cluster of utilities at 47+ 00 may preclude use of shield for about 20 feet.
4. Unknown soil conditions below 4 feet deep. possibly sandy soil.
5. Transite pipe - Asbestos problem? Check with Steve Ledbetter.
6. Lines along Otto Gericke serving the pool to go away
7. Undercrossing of SCE at Ottorrownsend. Use same price as the crossings closer to 30t
Street.
8. HKA indicated that profile may have to be raised on Otto Gericke due to clearance problem
with newly installed underground electrical conduits. (Note: This was later determined by
HKA not to be a problem).
9. Contractor still needs to pothole existing water line at intersection of Otto Gericke and Art
Townsend. Will be done first thing on Friday (2116/01).
10. HKA to provide revised plan for water Department Approval and submit to Steve Ledbetter by
8:00 am tomorrow. If okay. Water Department will sign and HKA will deliver to City Engineer
for approval tomorrow afternoon.
11. Contractor to provide cost proposal to Jack boring vs. pulling shield in area of clustered
utilities.
EXHIBIT "B"
-
AVILA CONSTRUCTION, INC.
General Engineering
264 Leland Norton Way, Suite BISO
San Bernardino, CA 92408
February 20,2001
--
City of San Bernardino
Development Services Department
300 N. "D" Street
San Bernardino, CA 92418
Attn: Mr. James Funk, Director of Development Services Department
Re: STREET IMPROVEMENTS OF ART TOWNSEND DRIVE OTTO
GERICKE DRIVE AT SAN BERNARDINO INTERNATIONAL AlJ!PORT
FILE NO. 7.30-14
Dear Mr. Funk:
c::
As of February 20,2001, Avila Construction is still delayed in the construction phase of
the above reference project. On Thursday, February IS, 2001, we received an aDsiglled
revised set of plans from the Engineer, Hernandez and Kroone and Associates. We were
instructed, by the inspector, Rick Aspril, to proceed in an as-built, as-you-go,
construction method, with the same unsigned plan. Avila Construction caJUlOt proc:eed
without an approved set of "Signed" plans.
As of today, we have not received any response to our previous two letters regarding
delay of time. The City of San Bernardino advised Avila Construction of tile change of
plan, scope of work, for this project. Avila Construction did not delay this project. As of
February g'b, 2001, Avila Construction has not been able to complete the work per our
construction schedule, submitted to the City of San Bernardino on January 26, 2001.
On two separate occasions, Avila Construction has requested survey to be done on this
project. Survey for staking waterline and removals for Art Townsend Drive. A3 of this
date we have not received any staking for any of the above. Avila Construction filled out
the proper city request form "Request for Survey" as instructed by Mr. Mike Grubbs.
Yours truly,..
.f'/' it
. ,I r
Richard P. Avila
Vice President
.
cc:
Alex Estrada, Inland Valley Development Agency
Ray Casey, City Engin_
Mike Grubbs, Field Engin_
Rick Aspril, Inspector
.....
.....
~---
EXHIBIT "C"
DEVEI.OPMENT SERVICES DEPARTMENT
w
300 North "D" Street- San Bernardino - CA 92418-0001
Planning & Building 909.384.5057 - Fax: 909.384.5080
Public WorkslEngineering 909.384.5111- Fax: 909.384.5155
www.ci.san-bernardino.ca.us
Mr. DeRoy A vila, President
Avila Construction. Inc.
4022 N. "F" Street
San Bernardino, CA 92407
March 29,2001
File No. 7.30-14
RE: Street Improvements on Otto Gericke and Art Townsend Drive - Claim for Delay
Dear Mr. Avila:
This will confirm our meeting today (attendance list attached) wherein we discussed your delay claim
and proposal to restart work on the subject project. Mr. AIi Cayir, Consulting Engineer and President
of Transtech moderated the discussion.
You stated in the meeting that Mr. Cayir is acceptable to your company as a neutral third party
Engineer who will review all aspects of your claim and render an impartial opinion as to an equitable
settlement. You and City staff will have equal access to Mr. Cayir.
It is also our understanding that your Attorney, on your behalf, has agreed that your company would
share the cost of Mr. Cayir's services. We have requested that Mr. Cayir submit a proposal for his
services and will share that proposal with you as soon as it is received.
If you have any questions please contact the undersigned at (909) 384-5179.
Michael W. Grubbs
Field Engineer
Enc.
cc: Robert 1. Reynolds. Attorney for Avila Construction (FAX (858) 793-\393)
Ali Cayir, Transtech (FAX (909) 595-8863)
James Funk. Director of Development Services
Ray Casey, City engineer
Henry Empeno, Deputy City Attorney
Rick Aspril, Construction Inspector
S:\Public Works\PW Inspection StuffiProject Correspondence\7.30-14 Art Townsend OUo Gericke\Delay Claim & Tennination\Acceptance of
Neutral Engineer 03-30-01 Mr Avila.doc
EXHIBIT "D"
DEVELOPMENT SERVICES DEPARTMENT
'"
100 North "D" Street. San Bernardino - CA 92418-0001
f'Janning & Building 909.384.5057 . Fax: 909.384.5080
,',.rh Wurhs/Eugineering 909.384.5111- Fax: 909.384.5155
www.ci.san-bernardino.ca.us
(FAX 909-886-8977 & 909-382-(078)
Mr. DeRoy A vila, President
Avila Construction. Inc.
4022 N. "F" Street
San Bernardino, CA 92407
April 3, 2001
File No. 7.30-14
RE: Street Improvements on Otto Gericke and Art Townsend Drive -Claim for Delay
Dear Mr. Avila:
At our meeting on Thursday, March 29, 2001, it was agreed that Avila Construction would submit by
Friday, March 30, 2001. additional documentation to confirm the contractor's actual cost incurred due
to shutdown on the subject project between February 9, 2001, and March 2, 2001. It was agreed that
these costs must be documented by actual paid invoices, equipment rental receipts, and certified payroll
records. Contractor owned equipment which was stored at the site and could not be efficiently used
elsewhere can be compensated at Caltrans rental rates per Section 6-1.05 of the Contract Special
Provisions.
Additionally, based on the City's proposal to delete the 16" water line from the project. it was agreed
that the actual cost of the 16" water line, fitting, other direct costs, such as transportation, handling,
storage. assemblage, and proportionate subcontractor profit plus prime contractor markup would be
submitted promptly to Mr. AIi Cayir and the City. Again, it was agreed that these costs must be actual
labor, materials and equipment costs incurred by the subcontractor and verified by paid invoices,
equipment rental receipts, certified payrolls, etc.
On Friday. March 30, 2001, Rick Avila of Avila Construction contacted Mr. Cayir and indicated that
the material would be submitted on Monday. April 2, 2001. To date neither the City nor Mr. Cayir
have received any of the agreed on documents.
It was indicated in the meeting by Avila's representatives that the contractor is anxious to resolve this
matter and return to work. Please be advised that the City and Mr. Cayir are unable to proceed with
this matter without the promised information from your company. Failure of A vila Construction to
promptly provide this information may cause the City to proceed, as specified in Section 6-4 "Default
by Contractor". to notify your Surety of the City's intention to declare your company in default and
cancel the contract.
\\CH-OA\DS\Public Works\PW Inspection StuffiProject Correspondence\7.30-14 Art Townsend Otto Gericke\Oelay Claim & Tenninalion\Delay
Claim Info R~uest 04-03-01 Mr Avila.doc
If you have any questions please contact the undersigned at (909) 384-5179.
EXHIBIT "D"
Sincerely.
a:JJ
~hael W. Grubbs
Field Engineer
Enc.
cc: Judith Valles, Mayor
Jorge Carlos, Executive Assistant to the City Council
Fred Wilson, City Administrator
Robert J. Reynolds, Attorney for Avila Construction (FAX (858-793-1393)
Ali Cayir, Transtech (FAX (909-595-8863)
James Funk, Director of Development Services
Ray Casey, City engineer
Henry Empeno, Deputy City Attorney
Rick Aspril, Construction Inspector
\\CH..()A\OS\Public: Works\PW Inspection Stuff\Projec:t Correspondence\7.3Q-14 Art Townsend Otto Oericke\Oelay Claim Ie. Tenninacion\Delay
Claim Info Request 04-03-0 I Mr A vila.doc
APR-03-01 19:11
909 384 0488
P.01
R-118
Job-923
Al?r-::03-01 19:00 John L. Welch. Esq.
< 909) 3BE~:1mnT "E" P. 02
LAW QII'FICES OF
ROBERT J. REYNOLDS
3525 OCt.. MA" "'E.IGHTS FlIO"'O
Nu...aEFlI 1500
SAN DnlGO., ~A.1.rPO~ 92130
TCAP~ ,~.) a,,93Yh
......csIM.t..e ISlel 70'3-1303
Henry Empeno
Deputy City Attorney
City of San Bernardin
Development Services Department
300 North "0" Street
San Bernardino, CA 92418
Re: Street Improvement on Otto Gericke and Art Townsend Drive -
Claim for Delay
Dear Mr. Empeno:
As you are aware, we represent Avila Construction,
regard to the above-referenced matter _ We are in
your client's correspondence of April 3, 2001.
advised that your letter mischaracterizes
corronitment to provide you the information the
within a 24-hour time frame.
Inc., with
receipt of
Please be
client's
requested
our
City
After having and opportunity to evaluate your request, our
client has concluded that the figures the City requested will be
provided on Monday or Tuesday, April 9 or 10, 2001. We believe
that this is a reasonable time-frame giving consideration to the
course of business relating to this project.
It is clear that the City has acknowledged a delay problem. Our
client is interested in completing the project, however, our
subcontractors have sustained significant damages with regard to
delay as well as the substantial modification of the contract as
it pertains to such subcontractor.
We believe the City's rush to terminate the contract is
completely inappropriate and are requesting that ample time be
given to all parties to prepare the appropriate information for
Mr. Ali Cayir's review. We are hopeful Mr. Cayir will be given
an opportunity to confer with the parties to effect a meaningful
evaluation of this matter.
Please contact us or have your client contact Mr. Richard Avila
at Avila Construction, Inc. if you have any questions regarding
APR-03-01 19:11
909 384 0488
P.03
R-118
Job-913
A~r-03-91 19:00 John L. Welch_ Esq.
(909) 384-0488 P.03
EXHIBIT "E"
Henry Empeno, Deputy City Attorney
April 3, 2001
Page 2 of2
the foregoing. We remain hopeful that we will be able to
resol ve this matter, however, we are certain that resolution
will only be facilitated by joint cooperation of the parties.
Please be advised that the undersigned is currently engaged in
trial and will likely remain so engaged until the middle of next
week. As such, in the event you contact the undersigned, please
leave a voice message and a reply should be forthcoming within
the three to four hours immediately following such telephone
call.
Thank you in advance for your assistance and cooperation. We
look forward to working with you toward the resolution of this
matter.
very truly yours,
Law Offices of Robert J. Reynolds
t/t-+ ( -....
Robert J. Reynolds
Attorney at Law
cc:
Apr 11 01 05:24p
transtech en~ineers inc
909 595 8863
p.2
EXHIBIT "F"
lranslec'h
624 Sroa Canyon Road . Walnut
ENGINEERS. PLANNERS. MUNICIPAL CONSULTANTS
CoIlIOI'nla 91789 . TalBphona: (909) 595.8599 . Fox: (909) 595-8883
April 09, 2001
City of San Bernardino
Mr. Michael W. Grubbs
300 North D Streei
San Bernardino, CA 92418-0001
and
Avila Construction, Inc.
Richard Avila
PO Box 6291
San Bernardino, CA 92412
Subject:
Street Improvements at Art Townsend and Otto Gericke
Dear Sirs: .
This letter is to confirm Transtech's involvement for the subject project.
- Avila Construction (Contractor) and City of San Bemardino (City) have requested
that a cons!)lting engineer meet with both parties to discuss issues, and review
information on the project relating to claims regarding alleged "delays, delay costs,
and cost increases and/or decreases due to work scope change".
Both parties agreed that AIi Cayir of Transtech is qualified to act as an independent
consulting engineer.
- Contractor and City independently contacted AIi Caylr, and requested that he attend
a meeting with both parties on March 29, 2001 to discuss the project.
- Both parties agreed that our role is to act as an independent engineer to review the
information provided by Contractor and City, and provide. to both parties an analysis
of review results and recommendations.
- Both parties were informed and both parties agreed that Transtech is not acting as
a rnediator or arbitrator.
. Transtech is not providing any legal advise to any parties.
'As indicated previously, Ali Cayir's firm (Transtech) is performing work for City of San
Bernardino. on other projects, but has no prior knowledge or involvement in the subject Art
Page 1 016
@.........Kq<kd.....
Ap~ 11 01 05:24p
transtech encineers inc
909 595 8863
p.3
EXHIBIT "F"
Townsend and Otto Gericke Project. .
On March 29, 2001, AU Cayir met with the representatives of Contractor and City.
Contractor representatives presented a cost summary showing the amounts for their
claims. In order to review the claims, Ali Cayir requested that Contractor to submit backup
documentation and breakdown of the costs, including time cards, certified payroll (as
mentioned at the meeting, certified payrolls must be submitted as per the federal funding
requirements used for this project), invoices from suppliers, vendors, equipment rental
places, receipts for expenses, labor rates paid, overhead costs, and all other
documentation. AIi Cayir pointed out to the Contractor that he should follow Project
Specifications and applicable Sections of the Standard Specifications for Public Works
Construction (Greenbook) on which the project specifications are based. A1i Cayir read
various paragraphs from the Greenbook which are applicable to the project.
The following applicable excerpts from the Greenbook are provided to assist everyone to
better understand the applicable requirements of the Greenbook that will be the basis for
our review of this issue:
Note by Afi Caylr; Greenbook Section 3 covers changes in work. Please pay
attention to this sect/on, as the cost of work Items for which
quantities are changed, adjusted, deleted (water line defet/on is
. one of the major items), will be based on this.
3-2 CHANGES INITIA TED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications. character of work. or quantity of work
provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed
25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be
written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed
wilh the change by Change Dreier.
3-2.2 Payment.
3-2.2.1 Contract Unit Prices. If a change is oreiered in an item of work covered bya Contract Unit Price,
and such change oreier does not involve a substantial change in character of the work from that shown on
the Plans or included in the Specifications, then an adjustment in payment will be made. This adjustment
will be based upon the. Increase or decrease in quantity and Contract Unit Price.
In the case of such an increase or decrease in a bid item, the use of this basis for the adjustment of payment
will be limited to that porlion of the change, which together with all previous changes to that item, is not in
excess of 25 percent of.the total cost of such item based on the original quanmy and Contract Unit Price.
Adjustments In excess of25 percent may be done by extension of Contract Unit Prices as described above,
Page 2 of 6
C Pnnr.nIoo"C)ckdP-f'"
tram:llJr.h
Apr 11 01 05:24p
transtech en~ineers inc
909 595 8863
p.4
EXHIBIT "F"
or pursuant to subsection 3-2.2.3.
Should any Contract item be deleted in its entirety, payment will be made only for actual costs incurred prior
to notification of such deletion.
.
3-3 EXTRA WORK. (Note by Afi Cayir: Please pay attention to this section, as the costs incurred by
the Contractor must be supported per this sect/on)
3-3.1 General. New or unforseen work will be classified as "extra work"when the Engineer determines that
It Is not covered by Contract Unit Pricas or stipulated unit prices.
3.3.2.2 Basis for establishing Costs.
(a) Labor. The costs of labor will be the actual cost of wages of workers performing the extra work at the
time the extra work Is done, plus employer payments of payroll taxes, workers compensation insurance,
liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other diroct costs,
resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective
bargaining agreements.
... Labor costs for equipment operators and helpers shall be reporled only when such costs are not Included
in {he invoice for equipment rental. The labor cost for foremen shall be proportioned to all o( their assigned
work and only that applicable to extra work will be paid. .
Nondirect labor costs, including superintendence, shall be considered part of the markup o( Section 3-3.2.3
(a).
(b) Materials. The cost o( materials reported shall be at invoice or lowest current price at which SUell
materials are locally available and delivered to the job site in the quantities involved, plus sales tax. freight.
and delivery.
(c) Tools and Equipment Rental. ... Regardless of ownership, the rates to be used in determining
equipment rental costs shall not exceed listed rates prevailing locally at equipment rental agencies, or
distributors, at the time the work is performed.
If equipment is used intermittently and, when not in use. coutd be retumed to its rental source at tess
expense to the Agency than holding it at the Work site, it shall be retumed, unless the Contractor elects to
keep it at the work site, at no expense to the Agency.
(e) Invoices. Vendors'invoices for material, equipment rental and other expenditures shall be submitted
Page 3 016
.0 f'nnItdOll.uqdo....pt.
t rllna/lll''It
Apr 11 01 05:24p
transtech en;ineers inc
909 595 8863
.. p.5
EXHIBIT "F"
with the request for payment....
3-3.2.3 Markup.
(a) Work by Contractor. Unless otherwise provided in the Spec;ial Provisions, a reasonable allowance for
overhead and profit shall be addedto the Contractor's costs as determined under 3-3.2.2 and shall constitute
the markup for all overhead and profit on work by the Contractor. The Contractor shall also be compensated
for the actual increase in the Contractor's bond premium caused by the extra work.
(b) Work by Subcontractor. Whan any of the extra work is performed by a Subcontractor, the markup
established in 3-3.2.3(a) shall be applied to the Subcontractor's costs as determined under 3-3.2.2. Unless
otherwise provided in the Special Provisions, a reasonable allowance for the Contractor's overhead and
profit shall be added to the sum of the Subcontractor's costs.
3-5 DISPUTED WORK
IfJhe Contractor and the Agency are unable to reach agreement on displfled work, the Agency may direct
the Contractor to proceed with the work. .
Note by AU Cayir: Greenbook Section 5 covers Utilities and Delays as a result of
Utilities changes in work. Please pay attention to this section,
as the Contractor indicated that utility interference is one of the
main issue for defay claim.
5-5 DELA YS (this is relating to utilities)
The Contractor will not be entitled to damages or additional payment for delays attriblflable to lfIilily
relocations or allerations if correctly located, noted and completed...
The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably
protracted interference by utilities in performing work correctly shown on the plans.
If the Contractor sustaIns loss due to delays attributable to interference. relocations. or alteration not covered
by 5-1. which could not have been avoided by the judicious handling of forces, equipment. or plant, there
shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable
compensation for such part of the Contractors actual loss as was unavoidable and the Contractor may be
granted an extension of time.
Page 4 of 6
CPI~"'"""C~P"P"r
lranslech
Apr 11 01 05:2Sp
transtech encineers inc
90S S9S 8863
p.6
EXHIBIT "F"
Note by AIi Cayir:' Greenbook Section 6 prosecution, progress, and acceptance of
the work, including delays, time extensions and payment for
delays.
6-6 DELA YS AND EXTENSION OF TIME.
6-6.1 General. If delays are caused by unforeseen events beyond the contf'Q1 ofthe Contractor, such delays
will entitle the Contractor to an extension of time as provided herein, but the Contractor wl7l not be entitled
to damages or additional payment due to such delays, except as provided in 6-6.3.
If delays beyond the Contractors control are caused solely by action orinaction by the Agency, such delays
will entitle the Contractor to an extensIon oftime as provided in 6-6.2.
6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effects of delays to
the Worle. They will not be granted for noncontrolling delays 10 minor portions of the Worle unless it can be
shown tha/such delays did or will delay the progress of the Worle.
6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due
to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The
Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, .
such as judicious handling of forces, equipment, or plant. The determination of what damages the
Contractor could have avoided will be made by the Engineer.
The Contractor stated that he would settle at the meeting, if the City agrees to pay him
$80,000 for delay costs. AIi Cayir stated that he is not in the position to negotiate a
settlement, because his role is to review factual information and back-up documentation
following the Greenbook and Project Specifications. Once the analysis is completed, it
is up to the Contractor and City how or if they would settle. Both Contractor and City
agreed. The Contractor and City representatives also discussed the unit costs for work
items which have been increased and/or decreased. The Contractor agreed to make
reductions on the unit costs. As of April 9, 2001, AIi Cayir has not received any baCkup
information from Contractor.
The services provided by Transtech will be charged on time and material basis per the
following rates:
Review by Engineer
Administrative Support
$125/hr
$70/hr
The invoices will be submitted to the City of San Bernardino, and The City of San
Bernardino shall pay the full invoice amount within 30 days. The City shall be responsible
Page 5 of 6
OPna...-dOlIR'C)..:~d....-
I rJJne/ll,.h
Apr 11 01 05:25p
transtech encineers inc
90S' 595 8863
p.?
EXHIBIT "F"
for securing Contractor's share for the payment. Thank you for the opportunity to submit
this proposal.
Should you have any questions or need additional information. please contact me at 909-
383-8579, Ext 121. .
Sincerely,
S:1WPROCESSVOBRECRClI2OO1121073 58 AVILA roNSTRucnON.c/TYIIUOOO1.1.wpd
-
-
Page 6 of 6
C "_donrcq-dcd~
'rflnQ/~"
APR-IO-OI 15 :06
P02
R-262
Job-989
Apr-1J-01 03:31P Robert J_ Reynolds
P_02
EXHIBIT "G"
LA.W O"''''IC~S 0""
ROBERT J. RBYNOLDS
~"~5 DeL ........~ ...EIGHTS "OAD
NIJ!\II.IIt'" 600
SAN DIBOO, CALlPORNlA 8':1.30
T~Lr"''''Q''''' 10'01 2e.1-~3'ii113
F'ACSI""'ILE ISI"l 7~3-13Q3
April 10, 2001
Henry Empeno
Deputy City Attorney
City of San Bernardino
Development Services Department
300 North "0- Street
San 8ernardlno, CA 92418
Re: Street Improvement on Otto Gericke and I\rt Townsend Drive
Dear Mr. Empcno:
As yOLl are aware, we L'eprc$cnl Avila Construction, Inc., with
regard to the abov,,-referenced matter. Pl ease Lind, enelosed
herewith, lhe latest proposal from ou!;" client with regard to lhe
completion of the project. as modified by the City of San
Bernardino. Please note the fol lowing wilh I.egard to this
matler: ~~(;..f-j b':f
/Iv,-tA.. 's jJro~'$qf - #/I/J;6"D?J.
y, he delay incurn~d
$2<:;0,000.00. The delay was
of the CI t.y in
complete a proper and
1.
Delay: With re9aI'd
is in the range
caused solely by t
failing to conduct and
thorough utility search.
2 _
New bid figures have been submitted,. We
such figures are reasonable and presented
faith and, as such, should be accepted
City 80 that the project. can be completed
further delay_
belicv,:;
in good
by t.he
without
3.
Deletion of 16" pipeline: With regard to the
deletion of Lhe 16- waLerline, Sanborn Pip.. I ine
Contractor's has agreed to accept the stated sum
for the materials, whiCh the City desires to
purchase, as well as the lost profit on the job.
APR-l0-01 15:05
P 03
R-252
Job-9S9
A~r-1~-01 03:31P Robert J. Reynolds
P_03
EXHIBIT "G"
Henry Empeno, Deputy City Attorney
April HI,2001
Pagc 2 of 2
We believe that the accompanying proposal is reasonable in light
of all of the issues lhat have arisen with regard Lo this
malLeI'. Further, we believe that acceptance of lhe same,
notwithsLanding both OUT client's willingness lo accept less
than originally contemplated, and the City's payment of
unanticipated delay claims and modified pricing related to
changes in the scope of work, will ultimately result in the most
favorable resolution of Lhis ma L tel' considering the 611 Lernati ve
modes of resolution.
Please contact us or have your client contact Mr. Richard Avila
at l\vila Construction, Inc. if you have any questions regardineJ
the foregoing. We suspect that we are both running out of trme
wi t.h regard to Lhe pr'ospect sIal' Lhe irruninent reso 1 ution of th is
matter. As such, we are hopeful that the City will give carelul
consideration to this matter.
Thank you in
look forward
ma L te I' .
advance for your assi.stance and cooperat ion.
to working wilh you toward the resolution of
We
this
Very truly yours,
LAW OFE'H:l:!:S 01:' ROBERT J. REYNOLDS
Vv1 (t-.-.
Robert J. Reynolds
Attorney at Law
Enclosure: Bid
cc: Avila Construction, Inc.
APR-ID-OI 15,06
P 04
R-262
Job-S8S
A~r-la-OI 03:31P Robert J. Reynolds P.04
. D-lIiJII/U1 BUN 1B:U7 ....AJ. UUU flltlJ IU77 A""lLA (';UNS'nnrl."TION INC. IlJOOl
~... .aLa '-'J! "I~ J. all.J'-. ,I.Vl"'.. Il..\.....
EXHIBIT "G"
General Engineering
PO BOJC: 6291 PR 0 POSAL
San BemardiJlO, CA 92412
(909) 8116-2257 Fax: (909) 886-8977
STATE OF CALWORNIA LK"ENSE NO. S09S18-A
PqcN.. _1_ .r_2_Pop
Jab NIUINiNo. PIlla ND. '479
T.. City orSan Bernardino
DcveloplDmll Sc:rvices Dqlt.
300 N. "0" Street
San Bernardino, CA 92A 18 ......' 909 ]101-5112
Street IlDpl"Oft".D~ of Art TowDsend Drive aad
Otto Gericke Drive. "REVISID"
l..oM...:
s.. Ber...nliDo bteraadoJgJ Airport
Federal I.D.A. No. 07-49-411680.02
~ 04/09/01
We Ileftby...............~ .... ......... lor. ~1ICIl PIau for tile abow-ref'et'elIalOI Projttt
Revised Delay Cost for the period of FebrollJ'y 9, 200l to MllJ"tb 9. 2001, are... IoIl"",s:
AYIJa Co....etioa, lac. and Snbconh'ador, 5aPbonl PlpeIbae Contractors: SI48. 000.00
l'EK Kt;VTSID PLAN DATED 2127101
BID ITEM NO. ITEM DESCRIPTION NEW PRICE
I. BL## 3_ Aspbah CoDCrek Pavement, including Ovm-Iay. Feathering,
Adjusting Water Hand holes and Existiug Manhole Covers to
0rlIde., per TON............................... .......................... ...$ 40.00
2. B.l# 4. Aggregate Bal;e Material (Thidmess 5.00") pel TON............___S 15.00
3. B.U 6. P.C.C. Curb and Ouuer, Type "Bnper LIN. FT.......................$ 11.00
4. 8.1..1# 7. P.C.c. Curb, Type "An p<< UN. FT.....................................$ 11.00
~. OJ.# 8. P.C.c. Sidewalk pel SQ. FT..............................................$ 2.20
6. B1.#9. P.C.c. Commercial Dmeway Approach Type n per SQ. FT... ....,$ 3.7S
7. B.lfIIO.P.C.C. Cross Outteraod SpIIDlhel(6' Wide) per CU. YD............S200.00
8. 8.I.#II.P.C.C. HandiupRamps pet SQ. FL...................................$ 3.00
PEJl.RevJSEDPLAN DATED 2/27/01
ART TOWNSEND DRIVE
I. Remove and Replace Aspbiall filr Proposed Waterline and Elec:trica1 Line,
lucluding IateraJs On Art Townsend Drive.
From STA. 38+00.0010 46+00.00 (@3"onNative)perSQ_FL...........S 4.50
2. Re-MobilizRtinl1 fOr Avila CoD.Stnlction, IDe. L.S. ................ .........SI5.ooo.00
3. Clearing & Orubbin2 L.S............. .......... ........ .......... .... ....... $20,000.00
Pml REVISED Pt.ANS
ELECTRICAL PRICE CHANGE
. Proposal fwlllE~ Su~, New West SipaI, fur the deletion o(Street
Lighrs and coodWl work is a c:n:dit cost of (510,600.00)
. The AMitinn of parking lot ligbts 3 ell.. x $3,500.00 = S 10,500.00
. Saw CU1tiD8 and remove asphalt 800 LF x $3.00 = 52,400.00
. Total Cost for New W_ Sigual.........................................$I2,900.oo
. Mark-up Cost (15%) .......... ..._....... ..... ............................$ 1,935.00
ToW Cost: S 14,835.00
Avila COnstruction, Inc. Mark-up Cost (15%)..............................$ 2.225.25
.... ....Total Amounr:S17,060.15
APR-10-Ol 15'06
P 05
R-262
J ob-9B9
A~r-10-01 03:31P Robert J. Reynolds
I U4'U'''Ul .UN llS:U.' hU. BUY 'UHf ttV77 Al'1LA CUNSTRtTCTION INC.
Pc:t ~ PI....
New Prices per S.beo.traetor, s.."bol1l Pipeliae Coatradon
1 N_ Price for deletion of 1'" waterline In It', entirety = 5159, 244.00
2. 12" waterline price, wiD ...,..aiD. tile .ame per origi..lli... item ho tbe eo.tract.
J. Verial 0tI!Iet Otto Gericlra 12" W aterliDe
4 - 12" MJ 4Ss with Reatnints
150 L.F. 12" DJ.P. @6' to 8' Deep
. The above ...ork will be done on Time" Material (T &: M)
C...tno:lon;.... nIC{1Iirecl by I,WlO be li"""""llIIId rccuIalal by Ihc c.w...o\w', Stale License _ l\Jly quo.,rioll$ -<<miDa ._
moy boo r<:CCftfld IG.... bGard wIlooe a4lron is: C_ur', SloIo: LiA,'CII"" Boom!. }836 GGCth< ll<l. Saalancmo, Ca ~'K27. M.;Ibl~_1'(
1:10, 26000, s....unallO. CA 951126
WE PROPOSE hcn:by to furnish maIaial and labor - COmplclc in ._rdance with the speQ&alimls, for the SWIl of:
P;'y;,bl.:..~ 'oUo~: Work ..;0 1'r'oteed wIleD Drica U'e ......... "- by ell, Cih or So Bc:mardillO ad A~"" C.........~.
I..,. .... . I"Alllltll'Kt Ch....... Ordtl:,. i. i*-..... &ad JieIWlll by hodI ...rd~
.\llllWtcrial b ~ to b~ "" .o::di,", All.....~ 10 _ lO'Umpld.ed ... wGdrimudikc mDlJIbY ~S IG ~HIulI IN"ad;~. ^"y ~k-...itJa ell" deviaiaa
&DI1I abow: ..,cif"lCtti..." invul...... cldn CCNb...ilI be ClUiCIIk:d oaly "1'_ wnllCla 0I'd0t'-. _d ""m bemmc: 3d e'Wra ~.... _d abovethot 1IMli..-e
A11'liT 'If caaipM. QfWW'I ..~ aG:Ildeu nr lWsya ~md ~ ccwMl. ~f;:I"\o l;<IFl1" ~ lanuwlo" _d OU":"II00cu.y iuurul!le. Oar _ork~ ~
fiaDy covwal by ~'. C~cnAlioa msanlllOl'.
~~/~/
Note: This Proposal may be withdrawn by us
if not accepted within days.
ACCEPTANCE OJ' PROPOSAL: The prices, specifi.catioDs aad conditions..., satisfactory and """ her.,by ICCeplEcl. Vall
Awhonzed to do !be \WIIk as $JlOOfied. P8yrneI1t will be male as outlined above.
Sip""",,; Dale; SignalolR: Dale:
P.OS
III 002
EXHIBIT "<1:.2.
APR-10-01 15,06
P 01
R-262 Job-aaa
~!~r-~~-OI 03:31P Robert J. Reynolds
/:
P.01 ~
7
EXHIBIT "G"
LAW OFFICES OF ROBERT J, REYNOLDS
~52~ Del Mar Ileight.c; R,-)atl, No. 600
San Diogo. CA 92130
FAX
THI~ COMMUNICATION IS INTENDELJ ONLY FUR THF.1.I$F;
OF THI': PARTV TO WIiOM IT IS ADDRESSED. ANU MA Y
CONT 411'11 PRIvILEGED AND CONFIDEN''-IAL
INFORMATION. TillS COMMUNICATIUN IS NUTTI) RF.;
RF.AD. COP.,".O OR llSED BY AN'VONt: OTHER THAN THI':
fNTF.NDED RECIPIENT. IF THIS FAX R.)o;A(..HE.."'i YOU BY
MISTAKE. rLEASE CALL TilE SENDI:R AND Kt:TIJRN THF;
lJ()('lJMEN1'l"O US IMMi:DIATELY BY SIJRFA('F. MAIL AT
THE AUOVE ADDKESS,
Dale: Apri110,2001
Number of pilgcs including cover sheet:
5
To: Henry Empeno
Fax phone; 909-384-5238
CC:fiIc
From: Robert J. Reynolds
Phune:
Fax phone:
(619) 261..13"3
(858) 793.1393
REMARKS:
o II rgent
C8:J For your review
o Reply ASAP
[gI Please COtn..rJl4...'"Jlt
Dear Mr. Empeno:
II appears that we are running out of time and options wilh regard to the prospects for the
resolution of this matter. Please contacl me once you have reviewed this matter so that we may
work together to resolve this matter.
Law Offices of Robert J. ReynOlds
M /-----
Robert J. Reynolds
619-261-3393
---
TRA.
---
S~XSSXOJ'o.l:
REPOF
10,9"93845155
CSB PUBLIC
lBI'i& r~"
APR-II-"I 1..019
JOB
J'o.I:U~BER
XJ'o.l:F'OR~ATXOJ'o.l:
CODE
TELEPHONE NUHBER
959588S3
NAHE<ID NUHBER>
91!19 595 88S3
START TIHE
APR-II-"I 1",17
PAGES TRANSHITTED
....S
TRANSHISSION HODE
RESOLUTION
STD
REDIALING TIHES
SECURITY
OFF
HAILBOX
HACHINE ENGAGED "1'37
THIS TRANSHISSION IS COHPLETED.
LAST SUCCESSFUL PAGE
-
I!I"S
e..
. .
City of San Bernardino,
Departn::l.ent lOr Develop.-nent. Services
Fax Transn1ission Cover Sheet:
Dac:.e Tran.smitted:
.A.~""I 11 200'1
Number of pae:cs~ includina cover shee~:
..
XU.<
Name:
~.. .AI' ~_vtr_ .......e.lcl.e..~
Tr.n.teeh
Address:
P~no;
Fax:
1'909'\ ~9~_:fUI:63
FR.Ol\,;f".
NAn'1.C::
1\o'1lchac:J VV. G.....bb.
City or San Bernardino
Department oC Development Services
300 North ....D... Street
San. Bernardino.. CA 92418
Phone No:
i9(9) 3R4_"'ii 179
Fax No.:
i9nQ'\ :"IR4_~]70
Comments or Description of'Document.a:
I have t'axed tC1l "n.... a is) "DOe f"ax rrom Rn~rt:' J Revnnlds reaardino ~rr_"
Imnrove......'ent ~n OUn O...ric'k.... and Arr TnVJnsend Drive
IF "0.. ha'V.... a...." ou....""rinn!lil ."I....alle contact' me
EHHR
I!II!I
OFF
SLl~
EXHIBIT "G"
City of San Bernardino
Department of Development Services
Fax Transmission Cover Sheet
Date Transmitted:
ADriI 11, 2001
Number of pages, including cover sheet:
6
TO:
Name:
Mr. AIi Cavir. President
Transtech
Address:
Phone:
Fax: (909) 595-8863
FROM:
Name:
Michael W. Grubbs
City of San Bernardino
Department of Development Services
300 North "D" Street
San Bernardino, CA 92418
Phone No:
(909) 384-5179
Fax No.:
(909) 384-5179
Comments or Description of Documents:
I have faxed to you a (5) Dal!:e fax from Robert J. Reynolds rel!:arding Street
Improvement on Otto Gericke and Art Townsend Drive.
If you have any auestions. olease contact me.
EXHIBIT "H"
DJ:;VELOPMENT SERVICES DEPARTMENT
300 Nonh "D" Street' San Bernardino' CA 92418-0001
Planning & BuilJing 909.384.5057 - Fax: 909.384.5080
\'"Iii;( V,",rK,fEllgilleering 909.384.5111 - Fax: 909.384.5155
www.cLsan-bernardino.ca.us
April 18, 2001
File No. 7.30-14
FAXED
Mr. DeRoy Avila, President
Avila Construction, Inc..
4022 N. "F" Street
San Bernardino, CA 92407
RE: Street Improvements on Otto Gericke and Art Townsend Drive - Claim for Alleged Delay
Dear Mr. A vila:
This letter is to request your concurrence for the City to contact D. M. Sanborn Pipeline, your
subcontractor for the subject project, directly, so that we may properly address their concerns in
this matter. We are also requesting that you invite Sanborn to future meetings concerning the
alleged delay.
If you have any questions regarding this matter, please contact the undersigned at (909) 384-
5179.
Sincerely,
Michael W. Grubbs
Field Engineer
cc: James Funk, Director of Development Services
Ray Casey, City Engineer
Henry Empeno, Deputy City Attorney
Rick Aspril, Constmction Inspector
Apr 19 01 Oe:59a
transtech en,ineers inc
909 595 8863 p.2
EXHIBIT "I"
translech
624 Brea Canyon Road . Walnut
ENGINEERS- PLANNERS_MUNICIPAL CONSULTANTS
California 91789 . relepMooa: (909) 595.8599 . Fax: (909) 595-8863
April 18, 2001
Reissued on April 19, f001
and
This letter is reissued with a correction shown
in bold on page 2, :r paragraph, last line.
The word "not" was missing from the
sentence. Please replace the fax copy which
was transmitted to you on April 18, 2001 with
this letter.
City of San Bernardino
Mr. Michael W. Grubbs
300 North D Street
San Bernardino, CA 92418-0001
Avila Construction. Inc.
Richard Avila
PO Box 6291
San Bernardino, CA 92412
Subject:
Street Improvernents at Art Townsend and Otto Gericke
Dear Sirs:
This letter is to follow-up my April 9, 2001 letter and comrnunication with the City of San
Bernardino Staff and Mr. Richard Avila this afternoon regarding subject project.
As of 5:00 PM, Wednesday, April 18, 2001. I have not received anyofthe infonnatlon and
docurnents requested from Mr. Avila to review the extra cost claim.
As I explained to both the City staff and Mr. Avila at the March 29, 2001 meeting, and later
again in my April 9, 2001 letter, in order to review the extra cost claims, I requested that
Mr. Avila to submit backup documentation and breakdown of the costs. including time
cards, certified payroll, invoices from suppliers, vendors, equipment rental places, receipts
for expenses, labor rates paid, overhead costs. and all other documentation. I also pointed
out to Mr. Avila that he should follow Project Specifications and applicable Sections ofthe
Standard Specifications for Public Works Construction (Greenbaak) on which the project
specifications are based. My April 9, 2001 letter provided applicable excerpts from the
Greenbook to assist everyone to better understand the applicable requirements of the
Greenbook that will be the basis for our review of this issue.
As a follow-up to March 29, 2001 meeting, I spoke with Richard Avila of Avila Construction
on April 4. 2001 to find out if the requested back-up documentation was ready for my
Page 1 of 2
C P,inledOArcqWoI,.,
Apr 19 01 08:59a
transtech en;ineers inc
909 595 B863
p.3
EXHIBIT "I"
review. Mr. Avila indicated that his waterline sub-contractor and he were working on
gathering the documentation and may have it next week.
On April 9, 2001 1 forwarded a letter to both City and Mr. Avila explaining that I need
backup documentation from Mr. Avila in order to review the extra cost claims.
On April 11, 2001. the City of San Bernardino provided me a copy of a letter from Mr.
Avila's attorney (dated April 10, 2001) which provided a spread sheet of various extra
costs. I reviewed the letter and attached 2 pages of spread sheets. The spread sheets
show a lump-sum amount of $148.000 for delay costs for the period of February 9, 2001
to March 9, 2001, and new unit prices for various bid items per revised plan. The letter did
not include any requested backup documentation.
I spoke with Mr. Avila in the afternoon of April 18, 2001 and asked when he will submit the
requested backup documentation for my review, and suggested that I could meet with him
and his waterline sub-contractor to assist them. Mr. Avila indicated that he submitted
whatever information he has to the City with his attomey's April 1 0, 2001 letter, and didn't
see any benefit in having a meeting with rne and his sub-contractor. He indicated that his
Attorney is handling this case.
I hereby inform both parties that without the back-up documentation, I can not review this
issue, and can not provide any professional opinion or recommendation to Mr. Avila and
the City. and therefore, I am unable to provide any further services on this matter.
It was a pleasure meeting with both parties. While I am unable to continue with my
services atthis point, feel free to contact me when the back-up documentation is available,
and if you desire me to review it and assist both parties in resolving this issue. I can be
reached at 909-383-8579, Ext 121.
Sincerely,
Transtech Engi e
t;::: ~.
Principal
S.1WPROCESS\/OBRECRD\2001121073 S8 AVILA CONSTRUCnON-ClTY\041801.1.wpd
Page 2 of2
~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk
Subject: Request for Continuance to 05/07/01-
Termination of the contract with A vila
Construction for street improvements of Art
Townsend Drive and Otto Gericke Drive at the
San Bernardino International Airport per Plan No.
9479, authorization to pay approximately $30,300
to A vila Construction for work completed and
authorization for direct purchase of the 12" and
16" water line pipe and fittings currently stored at
the site for an estimated amount of $125,000
subject to verification of actual vendor invoice and
reasonable handling costs.
MCC Date: 04-16-2001
Dept: Development Services
Date: April 10, 2001
File: 7.30-14
Synopsis of Previous Council Action:
5/5/97 Resolution No. 97-121 was adopted authorizing the Mayor to execute a Grant application to The
United States Department of Commerce, Economic Development Administration for the improvement
at Mill Street from Lena Road to Tippecanoe Avenue, Otto Gericke Drive and Art Townsend Drive.
6/5/97 Allocated $1,287,500 for Mill Street improvement in Account No. 242-362-5504-7106.
7/10/00 Allocated $634,800 for Art Townsend. Otto Gericke Drives realignment as part of the FY
2000/01 CIP budget.
8/21/00 Approval of Plan and authorization to advertise for bid.
12/18/00 Authorized Director of Finance to amend the FY 2000/01 budget to increase the expenditure
budget (Account No. 242-362-5504-7093) by $177,200 and adopted Resolution No. 2000-357 awarding
construction contract to A vila Construction.
03/26/01 Continued to MCC meeting of 04/02/01.
04/02/01 Continued to Mayor and Common Council meeting of 04/02/01
Recommended Motion:
That this matter be continued to the May 7,2001 meeting of the Mayor and Common Council.
~FJ-
\J James Funk
Contact person: Michael Grubbs, Field Engineer
Phone:
5179
Supporting data attached:
Staff Report
Ward:
I
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acc!. No.)
Acct. Description:
Finance:
11,,, /0/
Agenda Item No...3L
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Request for Continuance to 05/07/01-Termination of the contract with Avila Construction for
street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479, authorization to pay approximately $30,300 to Avila
Construction for work completed and authorization for direct purchase of the 12" and 16"
water line pipe and fittings currently stored at the site for an estimated amount of $125,000
subject to verification of actual vendor invoice and reasonable handling costs.
Background:
On March 26, 2001, the Mayor and Common Council considered this item in closed session
and requested that Staff and the Contractor select a Consultant Engineer (third party engineer)
to review the contract documents, meet with both parties to review additional documents and
the events leading up the to the current impasse, and propose a settlement of the matter.
Staff and representatives from A vila Construction selected a third party engineer that was
mutually acceptable to both parties, Mr. Ali Cayir, President of Trans Tech, Inc. An initial
meeting was held among representatives from A vila Construction, Mr. Cayir and City staff on
March 29, 2001, regarding the disposition of the Art Townsend/Otto Gericke project.
Documentation was requested, by Mr. Cayir, from both parties. City staff has supplied the
documents requested by him, but to date, Mr. Avila has not provided any of the requested
information. Therefore, staff is requesting a continuance to May 7, 2001, to allow Mr. Avila
time to produce the documents and Mr. Cayir time to review them and make
recommendations.
Financial Impact:
None.
Recommendation:
That this matter be continued to the May 7, 200 I meeting of the Mayor and Common Council.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Request for Continuance to 04/16/01-
Termination of the contract with Avila
Construction for street improvements of Art
Townsend Drive and Otto Gericke Drive at the
San Bernardino International Airport per Plan No.
9479, authorization to pay approximately $30,300
to Avila Construction for work completed and
authorization for direct purchase of the 12" and
16" water line pipe and fittings currently stored at
the site for an estimated amount of $125,000
subject to verification of actual vendor invoice and
reasonable handling costs.
MCC Date: 04-02-2001
From: James Funk
Date: March 28,2001
File: 7.30-14
Synopsis of Previous Council Action:
5/5/97 Resolution No. 97-121 was adopted authorizing the Mayor to execute a Grant application to The
United States Department of Commerce, Economic Development Administration for the improvement
at Mill Street from Lena Road to Tippecanoe Avenue, Otto Gericke Drive and Art Townsend Drive.
6/5/97 Allocated $1,287,500 for Mill Street improvement in Account No. 242-362-5504-7106.
7/10/00 Allocated $634,800 for Art Townsend. Otto Gericke Drives realignment as part of the FY
2000/01 CIP budget.
8/21/00 Approval of Plan and authorization to advertise for bid.
12/18/00 Authorized Director of Finance to amend the FY 2000/01 budget to increase the expenditure
budget (Account No. 242-362-5504-7093) by $177,200 and adopted Resolution No. 2000-357 awarding
construction contract to A vila Construction.
03/26/01 Continued to MCC meeting of 04/02/01.
Recommended Motion:
That this matter be continued to the April
Council.
16, 2001 meeting of the Mayor and Common
~~
Contact person: Michael Grubbs, Field Engineer
Phone:
5179
Supporting data attached:
Staff Report and Memo
Ward:
1
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
Acct. Description:
Finance:
II I '--I f) I
Agenda Item No.lf
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Request for Continuance to 04/16/01-Termination of the contract with Avila Construction for
street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479, authorization to pay approximately $30,300 to Avila
Construction for work completed and authorization for direct purchase of the 12" and 16"
water line pipe and fittings currently stored at the site for an estimated amount of $125,000
subject to verification of actual vendor invoice and reasonable handling costs.
Background:
On March 26, 2001, the Mayor and Common Council considered this item in closed session
and requested that Staff and the Contractor select a Consultant Engineer (third party engineer)
to review the contract documents, meet with both parties to review additional documents and
the events leading up the to the current impasse, and propose a settlement of the matter.
Pursuant to specific directions from the City Attorney's office, staff is attempting to find an
engineer who is mutually acceptable to the City and Avila Construction. Due to scheduling
difficulties we anticipate that the work involved will require an additional two weeks to
complete the process and prepare a report for City Council consideration; therefore, we are
requesting a continuance to April 16, 2001.
Financial Impact:
None.
Recommendation:
That this matter be continued to the April 16, 2001 meeting of the Mayor and Common
Council.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Henry Empeno, Deputy City Attorney
Michael W. Grubbs, Field Engine~
SUBJECT: Art Townsend Drive and Otto Gericke Drive Street Improvements
FROM:
DATE:
March 28, 2001
CC:
James Funk. Dir. of Development Services; Ray Casey, City
Engineer; Alex Estrada. IVDA; File 7.30-14
This is to confirm instructions received from you on 03/27/01 regarding direction
from the City Council during closed session on 03/26/01 regarding the subject
project.
In cooperation with Avila Construction, select an Engineer (neutral third party
engineer) acceptable to both parties to review the matter. Generally, this
Engineer will not be a present or former employee of the City or Avila
Construction and will not have any recurring contractual arrangements with
either party. The selection criteria will take into account availability of the
Engineer for "short fuse" meetings and cost of the services. You indicated that
Avila Construction's Attorney has agreed to pay half the cost of the Engineer.
Both sides will have equal input to the Engineer regarding submittal of
documents, meetings. etc.
We are currently proceeding with selection of an Engineer and have asked
IVDA to recommend a candidate. We will be sending a letter to Avila
Construction offering them the opportunity to nominate a consultant. We
anticipate that this process cannot be completed in time for the April 2. 2001.
meeting of the Mayor and common Council. Therefore. we are recommending
that the item be continued to the meeting of April 16. 2001.
If you have any question please contact me at (909) 384-5179.
\\CH-OA\DS\Public Works\PW Inspection Stuft\Project Correspondence\7.30-14 Art Townsend OUo Gericke\Oelay Claim &
Tennination\Confinnation of Instruction to Henry E 03-28-01.doc
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk Subject: Termination of the contract with Avila
Construction for street improvements of Art
Dept: Development Services Townsend Drive and Otto Gericke Drive at the San
Bernardino International Airport per Plan No. 9479,
Date: March 22, 2001 authorization to pay approximately $30,300 to
Avila Construction for work completed and
File: 7.30-14 authorization for direct purchase of the 12" and 16"
water line pipe and fittings currently stored at the
site for an estimated amount of $125,000 subject to
verification of actual vendor invoice and reasonable
handling costs.
MCC Date: 03-26-2001
Syuopsis of Previous Council Action:
5/5/97 Resolution No. 97-121 was adopted authorizing the Mayor to execute a Grant application to The
United States Department of Commerce, Economic Development Administration for the improvement at
Mill Street from Lena Road to Tippecanoe Avenue, Otto Gericke Drive and Art Townsend Drive.
6/5/97 Allocated $1,287,500 for Mill Street improvement in Account No. 242.362-5504-7106.
7/10/00 Allocated $634,800 for Art Townsend, Otto Gericke Drives realignment as part of the FY
2000/01 CIP budget.
8/21/00 Approval of Plan and authorization to advertise for bid.
12/18/00 Authorized Director of Finance to amend the FY 2000/01 budget to increase the expenditure
budget (Account No. 242-362-5504-7093) by $177,200 and adopted Resolution No. 2000-357 awarding
construction contract to A vila Construction.
Recommended Motion:
I. That the Mayor and Common Council terminate the contract with Avila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International
Airport per Plan No. 9479.
2. That the Mayor and Common Council authorize payment of approximately $30,300 to Avila
Construction for work completed and authorize, for direct purchase, the 12" and 16" water line pipe
and fittings currently stored at the site for an estimated amount of $125,000 subject to verification of
actual vendor invoice and reasonable handling costs. ~J .Ii ~ L 'Jf'
I Jame~kU'
Contact person: Michael Grubbs, Field Engineer
Phone:
5179
Supporting data attached:
Staff Report, CCO #I,Meeting Minutes,
Excerpts from Plan Notes, Letters Ward:
1
FUNDING REQUIREMENTS:
Amount: Not to Exceed $170,000
Source: (Acct. No.) 242-362-5504-7093
Acct. Description: Art Townsend Drive and Otto Gericke Drive
Finance:
3/~0/D (
Agenda Item No. ::L-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Termination of the contract with Avila Construction for street improvements of Art Townsend
Drive and Otto Gericke Drive at the San Bernardino International Airport per Plan No. 9479,
authorization to pay approximately $30,300 to Avila Construction for work completed and
authorization for direct purchase of the 12" and 16" water line pipe and fittings currently stored
at the site for an estimated amount of $125,000 subject to verification of actual vendor invoice
and reasonable handling costs.
Background:
On December IS, 2000, the City entered into a Contract with Avila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport, per Plan No. 9479, for the contract amount of $692,191.50 pursuant to the
public bid process wherein the bids were received on November 21,2000. The submitted bids
ranged from $692,191.50 to $1,043,017.75.
A vila Construction had previously completed several projects for the City of San Bemardino
including the Widening of "E" Street from 36th Street to Kendall Drive (final cost $464,S03.03)
and two small contracts for a catch basin on Highland Avenue and curb & gutter on Park Lane
and Parkdale Avenue (final cost approximately $36,910). Based on past experience staff felt this
Contractor was qualified to perform the work required by the subject contract.
The Contractor executed the contract for the subject project and provided the proper bonds and
insurance. The "Notice to Proceed" was given on Monday, January 29, 2001. Avila
Construction began work on Wednesday, January 31, 2001, removing trees as required by Bid
Item No.2, "Clearing & Grubbing, Unclassified Excavation, and Unclassified Fill". On
Monday, February 5, 2001, Avila Construction began pot-holing of utilities pursuant to the Plans
and Specifications which were marked by the various utility companies in response to a Dig
Alert call out. City Surveyors took shots to determine the precise line elevations and plotted the
utilities in the profile. It was found that the utilities would require a vertical offset to be
constructed in the proposed 16" water line over a reach of 360 feet in Art Townsend Drive and a
reach of 160 feet in Otto Gericke Drive. This was also provided for in the Plans and
Specifications. The Contractor claimed that the conditions of the contract had changed and that a
revised plan and change order was required.
In addition, Inland Valley Development Agency (IVDA), at the request of Hillwood Strategic
Services, requested that a substantial portion of gutter, sidewalk and paving along Art Townsend
Drive be deleted to accommodate parking requirements for their proposed development located
on the South side of Art Townsend Drive, west of Del Rosa Avenue. IVDA and City Staff
proposed to replace the deleted work by extending the proposed widening along 3rd Street at Otto
Gericke Drive by a similar amount East and West of Otto Gericke Drive.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Avila Construction completed the remaining demolition work on February 6th, 7th and 8th and
then sent letters dated February 12,2001, and February 15,2001, to the City claiming that their
subcontractor, D. M. Sanborn Pipeline Contractors, had not been able to begin work on February
9,2001, as planned on the waterline (Item No. 25, "Install 16" D.I.P. Water Main" and Item No.
26, "Install 12" Water Main", due to lack of an adequate Plan.
On February 15, 2001, an unsigned revised plan was provided to Avila Construction by the
Engineer of Record, Hernandez, Kroone and Associates (HKA). City Construction Inspector,
Rick Aspril, instructed the Contractor to proceed on an "as-built" basis; however, the Contractor
refused to proceed without a set of "signed" plans.
On Friday, February 16, 2001, the Contractor pot-holed additional utilities, however, no
additional work was done between February 9, 2001, and Friday, March 2, 2001. A total of six
(6) rain days were declared under the contract between February 9, 2001 and March 2, 2001,
leaving a net of 9 possible working days for the period. Avila Construction submitted a delay
claim alleging a loss of $160,000 for the period.
On February 8, 2001 and February 15, 2001, City staff met with Avila and the IVDA and
continued to direct them to return to work on an "as-built" basis.
A subsequent delay claim from Avila Construction was received on March 13, 2001, alleging
$89,095.93 in delay costs. Staff does not believe this claim has merit either.
Staff evaluated A vila Construction's cost proposal for the revised signed plan dated 2/27/200 I,
and found the cost of the proposed extra work overstated and apparently attempted to increase
the unit price for items already covered by the terms of the original bid. The major cost factor in
the proposal was a request for additional compensation to construct two vertical offsets in the
water lines. These vertical offsets are needed to clear clusters of utilities that lie within 3 feet
and 6 feet of the surface.
Staff believes that compensation for all offsets necessary to clear obstructions is included in the
contract prices for installation of the water lines except perhaps where it required extraordinary
construction methods such as jack boring or special trench shoring. Specific Note No. 10 on
sheet 9 of contract plans states that "Offsets around existing utilities will be installed as needed.
Offsets will be constructed per Std. Dwg. W 6.9 and W 6.9B. Add I" air release per Std. Dwg.
W 7.1 at local high points."
This note was on the original set of bid plans and has not been revised since advertisement for
bids. Therefore, the Contractor should have taken into account in its bid that offsets would likely
be required in order to clear utilities.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Staff directed A vila Construction to continue working both in the field and at the weekly on-site
meetings. Subsequently, on March 6, 200 I, Staff sent a letter to Avila Construction directing
them to return to work and offering to work closely with them as conflicts were encountered. In
the areas where the Contractor believed "Extra Work" was required, Staff agreed to track Time
and Materials (T &M) as a means of determining fair compensation for the Contractor.
On March 8, 2001, a letter was received from Robert J. Reynolds, Attomey for Avila
Construction. The Attorney indicated that Avila would not return to work without a signed
change order covering the alleged additional costs incurred due to the revisions to the plans.
A meeting between Development Services Staff, IVDA Staff, and Avila Construction was held
on March 12,2001, in an attempt to negotiate the impasse. No Attorneys were present. Avila
Construction was shown specific note lOon sheet 9 of plans. The Contractor contended that
bids would have been far higher had bidders assumed that note 10 required them to construct an
unknown number of offsets to clear any unknown underground utility. City Staff contended that
the note was on the bid set of plans and therefore must have been taken into account by the
bidders.
Due to increased cost of the project and the objection raised by the Contractor, staff proposed to
delete in its entirety the 16" water line to be installed in Art Townsend Drive. In order to
compensate the Contractor for material already purchased and stored on site, Staff offered to
purchase the 16" pipe and fittings using contract funds and store the pipe for future use on the
IVDA property. Deleting this item in its entirety would also require that the City compensate
A vila Construction for all reasonable costs associated with transporting and handling the pipe
and fittings.
Staff also offered to consider reasonable compensation for additional traffic control costs
necessary due to the additional curb & gutter, sidewalk and paving in Third Street where traffic
speed and volume is much higher than would have been encountered at Art Townsend Drive
associated with the original contract as well as reasonable additional mobilization cost which
could be justified.
A proposal including a spreadsheet showing all compensation being offered by the City
approximately (balancing the original contract quantities) was assembled by Staff and
transmitted by letter to Avila Construction on March 13, 2001. Avila has not responded to the
proposal and has not retumed to work on the project.
Staff also met with Mr. Avila on march 15, 2001 and offered once again to execute a change
order deleting the 16" water line and extending the work on 3rd Street with additional traffic
control/mobilization costs as summarized in the attached change order (CCO #1 )/spreadsheet.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
A second meeting was held on March 20, 2001, with Avila Construction, IVDA, and City
Staff in an attempt to reach a mutually agreed on settlement to terminate the contract. Avila
Construction was advised that they would be compensated for the work completed to date and
the City would purchase the 12" and 16" water line pipe and fittings that are currently stored
at the site including payment for reasonable transportation and handling costs. The Contractor
insisted that he be paid the full amount of the contract ($692,191.50) and that he receive
additional compensation for lost wages due to the alleged delay between February 9, 2001, and
March 2, 2001. After more than an hour of discussion it was apparent that the parties were
too far apart to reach a mutually agreeable settlement.
Since Avila Construction has refused to promptly return to work, it is recommended that the
Contractor be declared in default under the provisions of Section 6-4 "Default by Contractor"
of the Standard Specifications and the Contract terminated due to the lack of performance on
this project. The Contractor will be compensated for all contract work completed to date, and
for water line and fittings stored on site valued at approximately $125,000. Actual payment
for the water line and fittings stored on site will be based on invoices from the original supplier
plus reasonable costs for transportation and handling of the material.
Development Services Staff has worked closely with the City Attorney's office and IVDA staff
throughout this process.
Financial Impact:
Sufficient funds are available in Account No. 242-362-5504-7093 to cover all compensation
proposed herein.
Recommendation:
1. That the Mayor and Common Council terminate the contract with Avila Construction for
street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479.
2. That the Mayor and Common Council authorize payment of approximately $30,300 to
Avila Construction for work completed and authorize for direct purchase of the 12" and
16" water line pipe and fittings currently stored at the site for an estimated amount of
$125,000 subject to verification of actual vendor invoice and reasonable handling costs.
Federal Project No. 07-49-02680.02
CONTRACT CHANGE
Order No. I
Date: 03/22/200 I
Agreement Date: 11123/94
File No. 7.14-30
Name of Project:
Street Improvements of Art Townsend Drive and Otto Gericke Drive
at the San Bernardino International Airport per Plan No. 9479
Owner:
City of San Bernardino
Contractor:
Avila Construction
4022 North F Street
San Bernardino, CA 92407
GENTLEMEN:
Description of Change and Justification Increase/
Decrease
1. Item I: "Mobilization". This Bid Item is increased by $15,000.00 to
cover re-mobilization cost necessitated by changes to the work per $15,000.00
revision dated 2/21/200 I and 2/27/2001. The original bid was
$50,000.00. The revised total amount for this item is $65,000.00.
2. Item 2A: New Item - "Traffic Control for Extra Work in Third Street". $5,000.00
I each at $5,000 lump sum.
3. Item 3: "Increase Asphalt Concrete Pavement including overlaying
feathering adjusting water handholds and existing manhole covers to
grade" due to deletion of a portion of Art Townsend Drive from Sta. $3,150.00
39+34.01 to 46+00 and an increase in thickness of Asphalt Concrete
structural section from 3" thick to 4" thick. Increase from 2,173 tons to
2,263 tons at $35.00 per ton.
4. Item 3A: "Asphalt Concrete Pavement, including overlaying, feathering,
adjusting water handholds and existing manhole Covers to grade (3rd $20,518.75
Street)" Sta. 40+54 to Sta. 52+00 586 Tons A.C. 7" thick at $35.00 per
ton. Limits revised oer change 02/21/200 I.
5. Item 4: "Aggregate Base Material". Deletion of Art Townsend Street
Section from Sta. 39+34.01 to Sta. 46+00. Deleted 437 tons of ($6,IIS.00)
Aggregate Base at $14.00 oer ton.
6. Item 4A: "Aggregate Base Material". Section for 3fO Street changed to
7" A.C. on Native, therefore all base deleted. Deleted 192 tons at $14.00 ($2,68S.00)
oer ton.
7. Item 6: "P.C.C. Curb and Gutter, Type "B"." Deletion of Art Townsend
Drive improvements at Sta. 39+34.01 to Sta. 46+00. Deleted 1,030 ($S,240.00)
linear feet at $S.OO Der linear fool.
\\CH-OA\DS\Public Works\PW Inspection Slull\Contract Change Orders\7.30-14 Art Townsend & Otto Gericke\CCO #l.doc
Contract Change Order No. One
Street Improvements of Art Townsend Drive and Otto Gericke Drive at the San Bemardino
International Airport per Plan No. 9479. Federal Project No. 07-49-02680.02
8. Item 6A: "P.C.C. Curb and Gutter, type "B" (3'd Street)". Added
improvements at 3'd Street Sta. 40+54 to Sta. 52+00. Added 679 linear $5,432.00
feet at $8.00 per linear foot.
9. Item 7: "P.C.C. Curb, Type "A"." Corrected quantities to include only
300' :l: Median in Otto Gericke Drive. Deleted 1,444 linear feet at $8.00 ($10,832.00)
per linear foot.
10. Item 8: "P.C.C. Sidewalk. Deletion of sidewalk improvements" from Art
Townsend Drive from Sta. 39+34.01 to Sta. 46+00. Deleted 6,176 ($10,499.20)
square feet at $1.70 per square foot.
11. Item 8A: "P.C.C. Sidewalk (3'd Street)". Added improvements from Sta. $6,925.80
40+54 To 52+00. Added 4,074 square feet at 1.70 per square foot.
12. Item 9: "P.C.C. Commercial Driveway Approach Type II". Quantities
reduced due to Art Townsend Drive improvements deleted at Sta.
39+34.01 to Sta. 46+00. Deleted 1,276 square feet at $2.25 per square ($1,041.00)
foot. Unit price of remaining commercial driveway approach revised to
$3.75 Der sauare foot.
13. Item 10: "P.C.C. Cross Gutter and Spandrel (6' Wide)". Improvements
deleted at Sta. 39+34 to Sta. 46+00. Deleted 85 cubic yards at $125.00 ($8,525.00)
per square foot. Unit price of remaining cross gutter and spandrel is
increased to $200.00 per cubic yard.
14. Item 11: "P.C.C. Handicap Ramp". Improvements deleted at Sta. 39+34 ($3,126.00)
to Sta. 46+00. Deleted 1,042 square feet at $3.00 per square foot.
15. Item 15: Install Street Lighting System, including all appurtenant
facilities and service pedestial". Item reduced in scope to delete street ($10,600.00)
lights in Art Townsend Drive per revised plan 02/2I/2001. Lump sum
price reduced from $54,800.00 to $44,200 per contractor's proposal.
16. Item 15A: "Install 3 New Street Lights, 542 LF 2" electrical conduit and
wire with No.3 Y, pull box". Revised to provide parking lot style lights $5,000.00
in the deleted portion of Art Townsend Drive per contractor's proposal.
2
Contract Change Order No. One
Street Improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479. Federal Project No. 07-49-02680.02
17. Item 16: "Install Traffic Stripes, Pavement markings and Parking Lot
Striping" . This item deleted in its entirety. Final striping, marking and ($13,000.00)
signing will be done by City crews.
18. Item 19: "Install Barricade, per standard drawing No. 505 (Left in ($250.00)
Place)". Improvements deleted at Sta. 39+34 to Sta. 46+00. This item is
deleted in its entiretv.
19. Item 20: "Install Street Name Sign". Improvements deleted at Sta. ($150.00)
39+34 to Sta. 46+00. This item is deleted in its entirety.
20. Item 22: "Install Irrigation Sleeve, 6" PVC SCH. 40". Deleted 388 linear ($1,164.00)
feet in Art Townsend Drive at $3.00 per linear fool.
21. Item 25: "Install 16" D.I.P. Water Main". This item is deleted in its ($87,500.00)
entirety. Deleted 1,250 linear feet at $70.00 per linear fool.
22. Item 25A: "Purchase 16" D.I.P. Pipe". Due to deletion of 16" water
line. City will purchase up to 1,250 linear feet of 16" D.I.P. pipe stored $37,500.00
on site (estimate - actual invoice to be provided).
23. Item 26: "Install 12" D.I.P. Water Main". 154 linear feet at $50.00 per ($7,700.00)
linear foot in Otto Gericke Drive was deleted due to plan revision.
24. Item 30: "Install 16" Gate Valve". This item is deleted in its entirety. ($28,000.00)
25. Item 30A: "Purchase 16" Gate Valve". New item added due to deletion
of 16" water line". Purchase 5 each at $2,800 each (estimate - actual $14,000.00
invoice to be provided).
26. Item 37: "16" MJ. PLUG". This item is deleted in its entirety. ($650.00)
27. Item 37A: "Purchase 16" MJ Plug". Due to deletion of 16" water line.
Purchase I each at $325.00 each (estimate - actual invoice to be $325.00
provided).
28. Item 39: ""16"XI6"XI2" TEE FLG". This item is deleted in its entirety. ($10,800.00)
3
Contract Change Order No. One
Street Improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479. Federal Project No. 07-49-02680.02
29. Item 39A: "Purchase 16"XI6"XI2" TEE FLG". New item added due to $5,400.00
deletion of 16" water line". Purchase 4 each at $1,350.00 each.
30. Item 41: "16"XIO" Reducer". This item is deleted in its entirety. ($ 1,100.00)
31. Item 41A: "Purchase 16"XIO" Reducer". New item added due to
deletion of 16" water line". Purchase 2 each at $275.00 each (estimate- $550.00
actual invoice to be provided).
32. Item 44: "16" Adapter FLG X MJ". This item is deleted in its entirety. ($1,755.00)
33. Item 44A: "Purchase 16" Adapter FLG X Mr. New item added due to
deletion of 16" water line". Purchase 3 each at $292.50 each (estimate- $877.50
actual invoice to be provided).
34. Item 46: "16" ~ 90" BENDS FLG X Mr. This item is deleted in its ($2,600.00)
entirety .
35. Item 46A: "Purchase 16" - 90" BENDS FLG X Mr. New item added
due to deletion of 16" water line". Purchase 2 each at $650.00 each $1,300.00
(estimate - actual invoice to be provided).
36. Item 48A: "Hot Tap & Install 12"xI0" Reducer". New item added due $4,000.00
to deletion of 16" water line". 1 Lump sum at $4,000.00.
37. Item 49: "Pot-holing to locate existing utilities" . New Item added to
compensate contractor for work involved in pot-holing underground $2,351.18
utility lines which were not shown on plans to determine if a conflict
existed with the oroDosed water pipeline. See attached T &M ReDort.
NET AMOUNT OF CHANGE ORDER (DECREASE) $ (89.007.97)
SEE ATTACHED SPREADSHEET DATED 03/22/2001 FOR FURTHER DETAILS.
4
Contract Change Order No. One
Street Improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino
International Airport per Plan No. 9479. Federal Project No. 07-49-02680.02
SUMMARY OF CONTRACT COSTS
The estimated revised contract cost is as follows:
Original Bid Amount ....................................................................................... ....$ 692,191.50
Decrease due to CCO#I - .................................................................................. $ (89.007.97)
Revised Contract Amount.................................................................................$ 603,183.53
Change to CONTRACT TIME:
The contract time will be increased by 29 working days.
The revised date for completion of all work will be 06/04/2001.
By execution of this Change Order, Avila Construction hereby waives all monetary claims
for costs and damages allegedly incurred due to delays associated with conflicts with
underground utilities and plan revisions.
Approvals Required:
To be effective the Federal Agency must approve this Order if it changes the scope or objective
of the Project, or as may otherwise be required by the SUPPLEMENTAL GENERAL
CONDITIONS.
Accepted by:
Avila Construction
Date
Requested by:
Michael W. Grubbs, Field Engineer
Date
Recommended by:
Raymond A. Casey, City Engineer
Date
Recommended by:
Alex Estrada
Inland Valley Development Agency
Date
Approved by:
James Funk
Director of Development Services
Date
Economic Development Administration
Approved by:
Date
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A VILA CONSTRUCTION, INC.
General Engineering
264 Leland Norton Way, Suile B 150
San Bernardino, CA 92408
February 12,2001
City of San Bernardino
Development Services Department
300 N. "D" Street
San Bernardino, CA 924 18
Alln: Mr. James Funk, Director of Development Services Department
Re: STREET IMPROVEMENTS OF ART TOWNSEND DRIVE OTTO
GERICKE DRIVE AT SAN BERNARDINO INTERNATIONAL AIRPORT
FILE NO, 7.30-14
Dear Mr. Funk:
This leller is to advise you that the above referenced project has approached a stand still,
and will be delayed until receipt of revised plans and new scope of work. We have
received verbal notification by Michael Grubbs, Field Engineer that the scope of work
and construction schedule has changed. Please note that delay of time and any associated
costs will be handled in accordance with the Greenbook - Standard Specifications for
Public Works Construction.
Yours truly,
///;1 jI
~hard P. Avila
Vice President
cc: Alex Estrada, Inland Valley Development Agency
Ray Casey, City Engineer
Mike Grubbs, Field Engineer ,/
Rick Aspril, Inspector
Richard Morales, Project Manager
AVILA CONSTRUCTION, INe.
General Engineering
264 Leland Norton Way, Suite BI50
San Bernardino, CA 92408
February 15, 2001
City of San Bernardino
Development Services Department
300 N. "D" Street
San Bernardino, CA 924 18
Attn: Mr. James Funk, Director of Development Services Department v-'
Re: STREET IMPROVEMENTS OF ART TOWNSEND DRIVE OTTO
GERICKE DRIVE AT SAN BERNARDINO INTERNATIONAL AIRPORT
FILE NO. 7.30-14
Dear Mr. Funk:
Pursuant to the contract for the above-referenced project, the water installation sub-
contractor, D.M. Sanborn, was scheduled to deliver and install the waterline beginning
February 8, 2001. Attached is a letter dated February 9,2001, infonning us ofa delay
due to the change in scope of work. Please be advised that this delay of time shall be
billed according to Section 5 of the Greenbook.
If you have any questions, please do not hesitate to contact Richard Morales or me at
(909) 382-01 I 1.
....
Yours truly,
"<"
//J
Richard P. Avila
Vice President
Attachment
cc: Alex Estrada, Inland Valley Development Agency
Ray Casey, City Engineer
Mike Grubbs, Field Engineer
Rick Aspril, Inspector
Richard Morales, Project Manager
!D.
c:::fl/{ ,
c:Sanb-o'tn
PIPELINE CONTRACTORS
February 9,2001
To: Avila Construction, Inc.
264 S. LeLand Norton Way
Ste: BI50
SanBernardino, CA 92408
RE: Federal E.D.A Project No. 07-49-02680.02
Waterline at Art Townsend Dr. & Otto Gericke Dr.
Dear Mr. Rick Avila,
This letter is in regards to problems that have arisen at the Norton project. Because
of problems due to the existing utilities, and by no fault ofD.M Sanbom, the material
delivery and installation of waterline on the job has had to be postponed from the original
start date of February 8,2001.
As a result of this holdover from the original start date, D.M. Sanborn has, and will
continue to, experience;: loss of income. At this time, please be advised that there will be .
a backcharge for this stand by time and loss of income incurred.
Sincerely, ... .
----:J '.
/"c/~
Dave Sanbom
D.M Sanborn Pipeline Contractors
DS/ms
802 E. 29th dhut, dan 23r.,,,,,,dino, Cdf 92404 . (909) 886-3334 .1:.... 547556
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PIPEL{:\;"E CO!\iR.A.crORS
INVOICE
2/26/0 I
Avila ConstructiOn, Ine
264 S. Leland Norton WilY
Ste: BI$O
San Bernardino Ca Q2.:10S
JOB: Federal E.DA PmJ.:.:t No. 07-4'1-0268002
Waterline at Art Townscnd Dr. &. Otto Gericke Dr.
Expenses incurred to dale arc as follows:
3251, Cat Excavator wIth (lpc:rator@ S145,00 hrs x 8brs,,,,, S,II60.00pCi'C!aY
938f Call1ladcr ""',llh ~'JlCrator@ S125,OOhr x 8hrs -"SlOOO.QO perclaYi" '
4468 Cat 13ackhlll:wilh operator @ S I, 10.00 hr x 8hrs = S 81UUIO peiclay...
F450Sc:n:ieeTruck @S501Ji) hr.x8hrs =$ 400.00per day , ,
F550 Service Truck iji'. S65.00 hr x8hrs'. S 520.00pc:r day
3- Pipe layers :'!: $37 03 hr S '111.09 x 8hrs ~. S 888. 72
Costs per Day
Overhead 22%
Profit 1 S'!.
S4~81~
S 106612
S727.31
, <.._._~.....- ....-
Total per day
S60~~.! 5
x IJdays
S~(;:-_~4 7 Q5-
Totallnmice $ 86.3.:11.95
t~ . .1' ,~.
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AVILA CONSTRUCTION, INe.
General Engineering
264 Leland Norton Way, Suite BI50
San Bernardino, CA 92408
909 382-0 II I
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March 9, 2001
City of San Bemardino
Development Services Department
300 N. "D" Street
San Bernardino, CA 92418
Attn: Mr. James Funk, Director of Development Services Department
Re: STREET IMPROVEMENTS OF ART TOWNSEND DRIVE AND OTTO
GERICKE DRIVE AT SAN BERNARDINO INTERNATIONAL AIRPORT
FILE NO. 7.30-14
Dear Mr. Funk:
Enclosing Avila Construction, Inc., delay cost that has accrued from March 5, 2001 to
March 9, 2001. Also enclosing subcontractor's, Sanbom Pipeline Contractors, delay cost
from February 27,2001 to March 9,2001.
Please be advised that the utility (Edison) poles are stilI in conflict with this project. We
were advised that the poles were to be removed by the end February 2001. Please give us
direction so we can direct our waterline subcontractor, Sanborn Pipeline Contractors, on
how to proceed. This question has been brought to Mr. Mike Grubbs attention, in
previous construction meetings, held at 1. V.D.A. office trailer on Thursdays. Please
advise on how to proceed.
On Thursday, March 8,2001, Mr. Grubbs advised Avila Construction, Inc., that the
Thursday morning construction meeting is canceled because "There's nothing to
discuss". Therefore, Avila Construction, Inc. is stilI in delay.
If you should have any questions, please call me at (909) 382-01 I 1
Re.sp~~~
d'rvi:
Vice President, Avila Construction, Inc.
Encl.
cc: Ray Casey, City Engineer Mike Grubbs, Field Engineer
Rick Aspril, Inspector Richard Morales, Project Manager
Law Offices of Robert J. Reynolds, For Avila Construction, Ine.
Mr. Ronald Getchey, Esq. Of Luce, Forward, Hamilton & Scripps
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PIPELlliTE CO~i:'RAcrORS
INVOICE
3f91EH
Avila: Camtruction; Inc'
264' S. tehmd Narton- Way
Ste : Bl50
51mBernardino. ea 92408
JOB : Federal E.D.A. Project No. 07-49-02680.01
Waterline at Art To.wnsend Dr. & Otto. Gericke Dr.
Expcnsesincutred to. from date of 2/27/0 I to.3/9/0I 9 Days
325t CatExecwatef with-operatQf,@ $.145.DO hi: ~8hrs = $. 1160..00 per day
9J8F Cat Laaderwfttroperalof @S125:00hn8hrs =$.LOOO.OOperday
4468 Cat Backhoe. with operator@$. I- 1-0:00 bf :E Slus. = $. ggO-.OO per ~
F450Servi~e Truck@S5-o-.00hrx8hrs-$-4O&.00
F550 Service Truck @$63.0011rx8Im = $ 5-2&.00
3 - Pipefayers@$37.03'hr=$ITLo.9x 81trs = $ 888.72
Casts Per Day
Overhead 22%
Profit 15%
$ 4848.72
$. 1066.12
$. 727.31
Total per day $. 6642.15
x 9 days
Sf 59,779.35
Total Invoice = $ 59,779.'35
802 E. 29th. <:Stud, San 23Cr.IUl..Jino, M 9~t{C54 r (909) 886"333J1..-A !J~~
;'.~"
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PIPEL~c CONTRACfORS
INVOICE
3m/OJ
Avila Construction; (nc
264 S. Leland Norton Way
Ste: 8150
SanBemardino ea 9240'8'
JOB : Federal EDA Project No 07-49-0168'001
Waterline at Art T oWIISend Dr. & Otto Gericke Dr.
On site mak~ up. of matetials.
Fire Hydrants.
Valves
Tees
Reducers
AIT materia[ ready to instalt.
PRICE = $ 35,000.00
802.E. 29th. <:Etud, .:=\"';.,. B-=.Juw, M 92404 . (909)' 886-5551{' Li4. ,~,6-
02/13/2001 12:49
9093B22523
IVDA SBlAA
PAGE 02/BB
Strut Improvemt:lUs
. . Otto Gericke / Art Townsend
Jlrosrq. Meetiua No.04
PROGRESS MEETING MINUTEs NO. 04
STREET IMPROVEMENTS AT
ART TOWNSEND lOTTO GERICKE
SAN BERNARDINO INTERNATIONAL AIRPORT AND TRADE CENTER
Oat.: February 8, 2001
Location:
HLA Field Office
Time: 9:00 AM
Attendees:
Alex Estrada, IVDA
Lisa Mora, IVDA
Mario Cano, HESE
Rick Avila, Avila Construction
Richard Morales, Avila Construction
Dave Sanborn, C.M. Sanborn
Mark Mensen, New West Signal
Mike Grubbs, City of San Bernardino
Rick Aspril, City of San Bernardino
Steve Ledbetter, City ot San Bernardino Water Cep!.
Richard Hernandez, HK & A
Matt Tsugawa, HK & A
Chuck Austin, Verizon
Joe Rodriguez, GenIs Organization
Tho following is a summary of noms discussed during the Progress MeeUng:
PROJECT STATUS:
Start Date: 1-29-2001
Working Days Completed: 13
Contract Date: 12-18.2000
Contract Days Remaining 47 workinll days
ONGOING ITEMS:
1. SCHEDULE: Contractor to submit by Monday, January 29"', 2001.
2. SCHEDULE: Contractor completIon data: Tuesday, April 241h, 2001.
3. SCHEDULE: Has changed and weiting for direction.
-.
02/13/2001 12:48
9093922523
IVDA SBIM
PAGE: 03/08
Slreet Impl'Ovemeuta
. . Otto Gericke I Art Townsend
Progreas Meeting No.04
Bid
Item
No.
Percent Complete'
Task, Site Improvements
Task
Permits, Planning and
Design
Construction
Inspection
Received
Remarks
1 Mobilization 100%
Clearing & Grubbing,
2 Unclassified Excsvlltion 60%
and Fill
Asphalt Concrete
3 Pavement, Including 0%
Overlaying, Fealhering,
4 Purchase and Placement 0%
of Aggregate Base
5 B" AIC Dike 0%
6 PCC Type "B" Curb and 0%
Gutter
7 PCC Curb Type A 0%
B PCC Sidewalk 0%
9 PCC Commercial 0%
Driveway Approach
PCC Cross Gutter and
10 Spandrel 0%
(6'Wide)
11 PCC Handicap Remp 0%
12 Relocate Existing Chain 10%
Link Fence
13 Construct 3.00. Asphalt 0%
Driveway
14 Construct 3.00" NC 0%
Handicap Ramp
15 Install Streellighling 0%
System COMPLETE
Apply Traffic Stripes,
16 Pavement Markings and 0%
Parking Lot Striping
17 Install Roadside Signs on 0%
Single Posts
16 Relocate Existing Mailbox 0%
I Percent comp1ele is approximate, unless stipulated otbotwise.
2
02/13/2001 i2:49
9093822523
IVDA SBIM
Street hnprovements
. Otto Gerich 1 Art Townsend
PAGE B4/B8
Progress Meeting No.04
Bid Percent Complete'
Item Tuk, Site Improvements Permit., Planning and Inspection
No. Task Design Construction Received Remartw
Install Barricade, Per
19 Standard Drawing NO. 0%
505 (Left in Place)
20 Install of Street Name 0%
Silms
21 Install Delineators 0%
(Flexible Base1Twe OF'
22 lnstallalion of Water 0%
SYStem
23 Installation of Fire Hydrant 0%
Assemblies
TOPICS OR CONVERSATIONS LISTED BELOW ARE NOT NECESSARILY IN ORDER OF MEETING
DISCUSSIONS
RESOLVED ITEMS:
Item
1.0
2.4
2.5
2.6
2.7
2.8
2.9
2.11
2.1
2.2
Description
Insurance has been received. IVDA not required to be fisted as additionally
Insured. Bonds also on file.
Staging area has been established and fence is installed.
Majority of staking and surveying has been completed. (Removal Only)
Stakes have been removed from the Grace church property. Avila has cut offset
stakes. but willllvllntually be re-staked. Hubs may be.
Meeting on Monday Jan 29"' with Loma Linda Medical cenler regarding Property
righl of ways and Detours for projecJ construction routes.
Edison not in attendance during this meeting, however current schedule is: Cut
over of power to be compleled the week or Feb. 15th, the removal of line poles
will follow. Lorna Linda will be the toughest cut over. MU8t be done during normal
business hour on snlghttime. If Ihere is a delay in cut over, pole removal date
will also be 8Xlended.
Contractor made aware of the existing stakes established by the demolition
contract to provide utility capping locations. Protect in place.
Avila requested security to periodically patrol conslruction site, however will not
be responsible for any occurrences that may happen
GTE; Chuck Austin has requested Ihalthe contractor salvages manhole ring and
cover for fullJ(e reuse. Manhole shall be abandoned using an acceptable
method by City of S.B.
Avila will be using an AS supplier with scale capabilities. Contractor method of
payment is weighted load and tickets. Avila will also dispose rubble at C-Mex.
Frank Bland was removed from the contract as a street on Jan 3111, 2001.
2.3
2 Percent complete is approximate, IIlI1ess stipulated othawise.
3
Date Entity
N1A Avila
N/A Avila
N/A City of
58
N/A N/A
N/A IVDA
2.15-01 SCE
N1A HESE
N1A Avila
1-25-01 GTE
Avila
1-25-01 Avila
1-3-01 City of
SB
02/13/2001 12:48
9093822523
IVDA SBlAA
PAGE 85/88
SlRet ImptOYemenls
.. Otto Gerich I Art Townsend
Progress Meeting No.lU
Item DescrIption Date Entity
2.12 Contractor shall install a Type II driveway in place of street curb, Handicap 1.25-01 All
Sidewalk and street entrance. PaJ!jes
2.13 Location of hydrant will be field changed 10 accommodate drive change. No 1-25-01 All
future stub off the hydrant at Frank Bland will be installed. Parties
2.14 Contractor to use the original centerline established for the drive entrance at 1-25-01 All
Frank Bland. ParlJes
2.15 Contractor 10 pothole for existing utilities prior to installation of n_ waterline to City
delem1ine the various elevation of lIxisllng ullllties. Crossings on Otto Gericke 1-25-01 and
affected waterline and needs coordination. Rick Aspril will contact Edison. AvUa
Some pot-holing sllll needs 10 be done.
2.16 Eliminate CUl-de-sac at Art Townsend. 1-25-01 All
Parties
2.17 ConlracJor to provide a construction Schedule soon. Will do e revised scope of 1-25-01 Avila
work.
2.18 Contractor to utilize the Package 2 Demo Contractor project sign for their use. 1-25-01 IVDA
Contractor will pick up sign off of 3~ Street.
3.1 SBIATC - Existing entrance sign appears to have power source in underground FlU
pull box. Appears one underground box is electrical and one is irrigation
3.2 IVDA to provide key to Gents gale 10 contractor or daisy chain the locks IVDAI
LP
UNRESOLVED ITEMS:
Item
DIIlICriptlOnlComment8
Action
Date
Entity
1.0 Edison Schedule - Additional work is expected next week and everyone will be
hooked up by end of month. Edison Is on schedule.
2.0 City of Highland Pllt'mitllnsurancelList additional insured (No Fee) pending
revised SCOpe of work. Avila Construction still needs to add City of Highland as
the additional insured
2.10 R-Value for soils and asphalt grindings sllll needs 10 be determined. Tests will
begin on SalUrday 2-3-01. Ric<< Aspril spoke to Cal West and will have
information on February 9, 2001
3.3 Contractor to notify Chuck Austin of the potential contract schedule and Ihe need
for Verizon support. Chuck is waiting on cable for schedule, no dale yet. Other
than thaI the manhole issue, this Item is nol impending the work of the project.
3.4 Contractor 10 begin pothole for location of existing underground UlUilies.
Waterline Pothole will begin Monday. February 6.2001. Pol holing to be
completed by 2-9-01. HK & A will get a new plan 10 Avila on Monday, February
12,2001.
3.5 Contractor to follow original plan and continue along the planned right-of-way
Une. Pending new scope of work. City will write letter to follow right-of-way line.
2-1-01 Cilyof
S8
1-25-01 City of
58
Avila
Avila
Avila
4
02/13/2001 12:48
9093822523
IVDA SBIM
Street Improvements
Otto Gericke I Art Townsend
Item
NEW ITEMS:
Description
Joe Rodriguez from the Gents Organization brought up concerns that he had as
follows:
Ulllities - would there be any Interruplions? Yes, Mall from HK & A wUl
coordinate Gents hooked with Edison, so as not to negatively Impact Gents
activities,
T raffle flow - Avila Construction staled that they Should use the West side
entrance only and the locks ere gone for free access daily and they will use the
old sign for signage. Need more altemalivelpermenent signage to be worked
out between Genis and the City.
Parking - Avila Construc:tion will grade the West side for parking
Potential N8W$ Scope of Work: Rick Asprll to develop new scope of Work. New
quanJlJies Il/'8 to be provided by HK & A by 2.8-01. AvUa Conslruc:lion wiJlsubmlt
cost additions and deductiol1ll for the proposed new scope of work for IVDA
review by 2.9-01. Nota: lighting and new water line alignment costs may not be
available until 2/12101.
Rick Aspril to coordinate the installation of the new water line with Edison
Fire Hydrant Protection: Ballards or landscaping planters should be Installed at
existing fire hydrants vulnerable to damage. HK & A and Steve Ledbetter to
investigate. The installation of ballards or planters will be a Change Order Item.
Telephone Communications Manhole: Avila Construc:tion to provide prOposal to
abandon the GTE menhole.
Next Progress meeting to be held Thursday, February 15"', 2001 at 9;00 AM. at the Harding ESE Field Office.
4.1
4.2
4.3
4.4
4.0
PAGE 86/88
Progress Meeting No.04
Date
Entity
Avila
City of
58
City of
58
HKAI
City of
58
Avila
The above minutes document our understanding of items discussed in the above referenced Progress Meeting.
Unless written notice to the contrary Is received by IVOA within seven (7) calendar days, the descriptions,
notations and agreed actions of the referenced Progress Meeting will be considered acceptable and Work will
proceed based on these understandings.
Submitted by.
Mario Cano
cc: Attendees
Michael Burrows, IVOA
Larry PopP. IVOA
Lee Orr, Hlllwood
Charlie Randolph, HESE
1;\WOROOOC\2001IAE1ProgMlgl\Alnutell 04 2-8-01 AWa._
5
82/13/2881 12:48 9893822523
IVDA SBlAA
PAGE 87/8S
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02/21/2001 11:44
9093822523
IVDA SBlAA
PAGE 02/88
Street Improvements
. Olio Goncke I Art Townsend
Progress Meeting No.OS
PROGRESS MEETING MINUTES NO. 05
STREET IMPROVEMENTS AT
ART TOWNSEND I ono GERICKE
SAN BERNARDINO INTERNATIONAL AIRPORT AND"l'RADE CENTER
Date: February 15, 2001
Loc:atlon:
HLA Field Office
Time: 9:00 AM
Attendees:
Alex Estrada, IVDA
Larry PoPP. IVDA
Viviane Dornian, HESE
Richard Morales, Avila Construction
Mike Grubbs, City of San Bernardino
Rick Aspril, City of San Bernardino
Steve Ledbetter, City of San Bernardino Water Dept.
Louis Torbitt, San Bernardino Municipal Water Dist.
Matt Tsugawa, HK & A
The following is a summary of items discussed during the Progress Meeling:
PROJECT STATUS:
Start Date: 1-29-2001
Working ilays Completad: 17
Rain Days: 2
Contraet Date: 12-18-2000.
Connet DaY8 Rumaining 47 working days
Delay days?
ONGOING I1'EMS:
,. SCHEDULE: Contractor to submit by Monday. January 29....,2001.
2. SCHEDULE: Contractor completion date: Tuesday, April 24 .2001.
3, SCHEDULE: Has c:hanged ancl waiting for direction.
Bid
Item
No.
Percent Complete'
Task. Site Improvements
Task
Permits, Planning and
Design
Construction
Inspection
Received
~marks
100% Check
1 MobiliZation 2122/01
Clearing & Grubbing.
2 Unclassified Excavation 60%
and Fill
AsphalJ Concrete
3 Pavement, Including 0% On-hold
OVllflaying, Feathering,
.
, Pen:ent eomp1ete is approximate. un10ss stipulated otherwise.
02/21/2001 11:44
9093822523
IVDA SBIAA
PAGE 03/09
Street Improvements
. Otto Gericke / Art Townsend
ProgresS Meetiug No.OS
Bid
Item
No.
Percent Complete'
Taak. Site Improvements
Task
PermIts, Planning and
Design
Construction
Inspection
Received
Remerlca
4 Purchase and Placement 0% On-hold
of Aggregate Base
5 B" Ale Dike 0% On-hold
6 PCC Type 'B" Curb and 0% On-hold
Gutter
7 PCC Curb Type A 0% On-hold
B PCC Sidewalk 0% On-hold
9 PCC Commercial 0% On-hold
Driveway Approach
PCC C/'08S Gutter and .
10 Spandrel 0% On-hold
(6'Wide)
11 PCC Handicap Ramp 0% On-hold
12 Relocate Existing Chain 10% On-hold
Link Fence
13 Construct 3.00- Asphalt 0% On.hold
Drtveway
14 Construct 3.00' AlC 0% On-hold
Handicap Ramp
15 Install Street Lighting 0% On-hold
System COMPLETE
Apply Traffic Stripes, On.hold
16 Pavement Markings and 0%
Parking Lot Striping
17 Install Roadside Signs on 0% On-hold
Single Posts
18 Relocate El<is~ng Mailbox 100%
Install Barricade. Per
19 Standard Drawing NO. 0% On-hold .
505 (Left In Place)
20 Install of Street Name 0% On-hold
Signs
21 Install Delineators 0% On-hold
(Flexible Base) TYIle OF"
22 InstallaUon of Water 0% On-hold
System
23 Installation of Fire Hydrant 0% On-hold
Assemblies
, Percent complete is approxiruate. unle.. stipulated otherwise.
2
02/21/2001 11:44
9093822523
IVDA SBlAA
Sln:ct Improvements
. Otto Gcric1a: I Art TOWllSCIld
PAGE B4/B8
J>roeress MccliDg No.OS
TOPICS OR CONVERSATIONS LISTED BELOW ARE NOT NECESSARILY IN ORDER OF MEETING
DISCUSSIONS
RESOLVED ITEMS:
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
3.1
32
Item
1.0
DescrIption
Insurance has been received. IVDA not required to be listed as additionally
insured. Bonds also on file.
Staging area has been established and fence is installed.
Majority of staking and surveying has been completed. (Removal Only)
Stakes have been removed from the Grace church property. Avila has cut offset
stakes, but will eventually be re-staked. Hubs may be.
Meeting on Monday Jan 29th with Lorna Linda Medical center regarding Property
right of ways and Detours for project construction routes.
Edison not in attendance during this meeting, however current schedule is: Cut
over of power to be completed the week of Feb. 15'", lIle removal of Iino poles
will follow. Lorna Linda will be the toughest cut over. Must be done during normal
business hour on straight time. If there is a delay in cut over, pole removal date
will also be extended.
Contractor made aware of the existing slakos established by the damolillon
contract to provide utility capping locations. Prolect In piece.
Avila requested security to periodically patrol construction Sila, however will not
be responsible for any occurrences lIlat may happen
GTE: Chuck Austin has requested that lIle contractor salVages manhole ring and
cover for future reuse. Manhole shall be abandoned using an acceptable
"'lethod by City of S.B.
Avila will be using an AB supplier with scale capebllities. Contractor method of
payment is weighted load and tickets. Avila will also dispose rubble at C-Mex.
R.Value for solis and asphalt grindings still needs to be determined. Tests will
begin on Saturday 2-3-01. Rick Aspril spoke to Cal West and will have
informatiOll on February 9, 2001 - Original structure section
Frank Bland was removed from the conlract as a street on Jan 3", 2001.
Contractor shall Install a Twe II driveway in place of street curb, Handicap
sidewalk and street entrance.
Location of hydrant will be field changed to accommodate drive change. No
future stub off lIle hydranl at Frank Bland wl1l be installed.
contractor to use the original centerline established for the drive entrance at
Frank Bland.
Contraclor to pothole for existing utilities prior to installation of new waterline to
determine the various elevation of existing utilities. Crossings on Otto Gericke
affected waterline and needs coordination. Rick Aspril will contact Edison.
Some pol-holing still needs to be dOlle.
Eliminate Cul-de-sac at Art Townsend.
Contractor to provide a construction schedule soon. Will do a revised scope of
work.
Contractor to utilize the Package 2 Demo Contractor project sign for their use.
Contractor will pick up sign off of 3" Street.
SBIA TC - existing entrance sign appears to have power source in underground
pull box. Appears one underground box is electrical and one is irrigation
IVDA to provide key to Gents gate to contractor or daisy chain the locks
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
3
.
Date Entity
N/A Avila
N/A Avila
N/A City of
sa
NJA N1A
N/A IVDA
2-15-01 SCE
N1A HESE
N1A Avila
1-25-01 GTE
AVila
1-25-01 Avila
1.25-01 City of
5B
1-3-01 City of
SB
1-25-01 All
PartieS
1-25-01 All
Parlies
1-25-01 All
Parties
City
1-25-01 and
Avila
1-25-01 All
Parties
1.25-01 Avila
1-25-01 IVDA
FlU
IVOAl
LP
e2/21/2eel 11:44
'3e'33822523
IVDA SeIM
Street IuqlfOvcmenta
. Otto Gericke I Art Townsend
RESOLVED ITEMS:
Item
4.0
De.criptlon
Joe Rodriguez from the GenIs Organization brought up concerns thlft he had as
follows;
Utilities - would there be any interruptions? Yes, Matt from HK & A will
c:oordinate Gents hooked with Edison. so as not to negatively impact Gents
activities.
Traffic now - Avila ConstrucUon slated that they should use the West side
entrance only and the locks are gone for free acce.s daily end they will use the
old sign for signage. Need more alternative/permanent signage to be worked
out between Gents end the City.
Parking - Avila Construction will grade the West side for parking
Rick Aspril to coordinate the installation of the new water line with Edison
FinI Hydrant Protection: Ballards or landscaping planters should be installed at
existing fire hydrants wlnerable to damage. HK & A and Steve Ledbetter to
investigate. The installation of ballards or planters will be a Change Order Item.
City will give letter for removal.
4.2
4.3
UNRESOLVED ITEMS;
Item Description/Comments
1.0 Edison Schedule - Additional work is expected next week and everyone will be
hooked up by end of month. Edison is 011 schedule.
2.0 City of Highland PenniUlllliurancelLtst additional insured (No Fee) pending
revised scope of work. AVila Construction still needs to add City of Highland as
the additional insured
3.3 Contractor to notify ChUck Austin of the potential contract schedula and the need
for Verizon support Chuck is waiting on cable for schedule, no date yet. Other
than thaI the manhole issue, this item Is not impending the work of the project.
3.4 Contractor to begin pothole for location of existing underground utilities.
Waterline Pothole will begin MOnday, February 5, 2001. Pot holing to be
completed by 2-9-01. HK & A will gat a lIew plan to Avila on Monday, February
12, 2001. Otto GerlckelM Townsend needs pothole
3.5 Contractor to follow original plan and continue along the planned right-of-way
line. Pending new scope of work. City will write letter to follow right-()f-way line.
NEW ITEMS:
Item
4.1
Description
Potential New Scope of Work: Rick Aspril to develop new scope of work. New
quantities are to be providad by HK & A by 2-8-01. Avila Constructlon will submit
cost additions and deductions for the proposed new scope of work for IVDA
review by 2-20-01. Note: Lighting and new watllr line alignment costs will be
available 2/15101.
Telephone Communications Manhole: Avila COrl$tructioll to provide proposal to
abandon the GTE manhole.
4.4
.
4
PAGE 85/89
ProgreSS Meeting No.OS
Date
Entity
HK&A
Avila
Avia
City of
58
HK&
AI
Cilyof
sa
Action Entity
Date
HK&A
2-1-01 City of
58
Avila
Done Avila
Avila
Date
Entity
City of
58
Avila
02/21/2001 11:44
9093822523
IVDA SHIM
PAGE 86/88
Street Improvements
. Otto Gericke I An TOWDSend
Progr~s Meelin& No.OS
NEW ITEMS:
Item
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
D.scriptlon
Power on Del Rosa to 3m Street is cut off affecting existing guard Shack and
slreeUights. City to investigale who, how and whlltll de-energizing took place
and re-energize as soon as possible. According to Mike Burrows, Rick Aspril
and Man Tsugawa Will discuss With Frank Jasso.
Water line vertical offsets Will be installed us necessary to bypaS8 existing
utilities and to provide connections. Plans will be prepared by HKA and
delivered to the City for approval today February 15, 2001
Avila to request Change Order No. 1 to be processed by the City and approved
by all parties for the water line profile adjustment
Avila to request Change Order NO.2 to be processed by the City and approved
by all parties for the change in the Scope of Work for all other items.
HKA to prepare revised water and construction plans.
Avila to request rain days and possible delay lime because of lack of revised end
approved plans.
HKA raised the issue that delays mey not have been beceuse of leck of plans,
as work could have been achieved With existing approved plans and l"odified
per the change in the Scope of Work by Change Order.
IVDA requested Avila to remove existing TV cable on poles. HKA to get written
approval from Adelphia holding no one liable for cable removal.
Date Entity
Cityot
56
HK&A
Avila
AVila
HK&A
Avila
HK&A
HK&A
Next Progress meeling to be held Thursday, February 2:r, 2001 8t9:00 AM. at the Harding ESE Field Office.
The aOOvo: minutes document our understanding of items discussed in the above referenced ProgrBllS Meeling.
Unless written notice to the conlr8ry Is received by IVDA within seven (7) calendar days, the descriptions,
notations and agreed actions of the referenced Progress Meeting will be considered acceptable and Work Will
proceed based on these understandings.
Submitted by.
Alex Estrada
cc: AUendees
Michael Burrows, IVDA
Lee Orr, Hillwood
Charlie Randolph. HESE
Don Edison, KCT
I:\WORDOOC\2001V1E'ProgMlgMinules 05 2-15-01 Avila
5
B2/21/2BBl 11:44 9B93822523
IVDA SBIAA
PAGE B7/B9
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DEVELOPMENT SERVICES DEPARTMENT
w
300 North "D" Street' S.n Bernardino' CA 92418.0001
Planning & Building 909.384.5057 - Fax: 909.384.5080
Public W"rkslEngineering 909.384.5111 - Fax: 909.384.5155
www.ci.san.bernardino.ca.us
March 6, 200 I
File No. 7093
A vila Construction, Inc..
264 Leland Norton Way, Su BI50
San Bernardino, CA
RE: Street Improvements on Otto Gericke and Art Townsend Drive
Dear Mr. Avila:
We are in receipt of your letter dated March 2, 2001 (received March 5, 2001). I am confused by
the "Strategy " you have selected to pursue regarding this project. As you are aware, some
adjustments to the scope of work were requested by the Inland Valley Development Agency
(IVDA) and Hillwood Developrnent on or about February 9, 2001 affecting the limits of work
for the "surface improvements".
Coincidentally, pursuant to your utility field verification provided for in the plans and
specifications, several conflicts were identified with the water line as designed.
According to your letter dated February 15, 2001, you elected to "pull off' the job shortly
thereafter, awaiting a field revision to the plans, indicating that Sanborn Pipeline, your
subcontractor, had not been able to proceed with water line installation and had been delayed
since February 8, 2001. Those revisions to both the surface improvements and the water line
were completed signed and made available to you on February 21, 2001 and staff has repeatedly
requested that you return to work (Project Inspector and Field Engineer). Since that time
apparently an additional conflict arose and the subsequent design change was accomplished by
the Engineer of Record, Hernandez & Kroone and made available to you on February 27, 2001.
However, at no time were you directed by staff to stop work either verbally, or in writing,
as provided by Section 6-3 "Suspension of Work" of the Standard Specifications. Staff
believes that contract work should have been commencing all along (as described in your
letter dated February 20). "We were instructed, by the inspector, Rick AspriI to proceed in
an as-built, as-you-go, construction method".
As we discussed in the meeting on February 16,2001 (minutes attached), it was the City's intent
to explore extending the contract unit prices to increase the quantities associated with the 3 rd
Street improvements to minimize the impact of the reduced scope of work on Art Townsend/Otto
Gericke necessary to accomrnodate the IVDNHilIwood development plans. The basic
information regarding those quantities was made available on the revised plans on February 2l.
During the same meeting you suggested that jack boring may be advisable for a small section of
the water line installation (18+1-). You also agreed to provide costs for the jack boring alternative
as well as other requested costs associated with the changes dictated by the field utility
verifications. To date, none of those costs have been provided to staff.
As you are aware, the Standard Specifications allow for the contractor and agency to negotiate a
reasonable cost for "extra work". Clearly staff recognizes there are extra work costs associated
with the field design changes necessary to avoid utility conflicts, particularly related to shoring
costs in the section of water line redesigned at substantively greater depths.
Lacking those submittals, staff has nothing with which to "negotiate" reasonable costs for the
extra work. The Standard Specifications does provide for an alternative wherein the contractor
and agency are unable to negotiate a reasonable cost for the extra work, however. Specifically,
according to Section 3-5 "Disputed Work" the agency may direct the contractor to proceed with
the disputed work utilizing time and materials as the basis for payments if no understanding can
be reached.
However, according to the plans and specifications, (excerpt attached) the contractor is
responsible for field utility verification and all costs associated with by-passes, etc. are included
in the original contract. Regardless, the process of negotiating the costs of extra work should
not, and may not preclude the contractor from proceeding with the contract work pursuant to
Section 33-5 "Disputed Work" of the Standard Specifications (excerpt attached).
Therefore, I am hereby directing you to return to work within 48 hours and diligently proceed
toward completing the project. Failure to proceed with the work in accordance with Section 6-2
"Prosecution of Work" of the Standard Specifications may result in a recommendation to the
board (Council) that you have defaulted on the contract under the provisions of Section 6-4
"Default by Contractor", and that the board terminate the contract.
In addition, given the lack of cost information from your firm, the City has no recourse but to
take the position of reducing the contract quantity for installation of water line by 360 feet
between stations 45+20 and 48+80 and 160 feet between Stations 23+80 and 25+40 and paying
your firm for tirne and materials for those reaches of waterline.
Sincerely,
4J1i~
RAYMOND A. CASEY
Cit Engineer
Michael W. Grubbs
~~' ,
2tR,'/ -J
R1C Aspr~{
Construction Inspector
cc: James Funk, Director of Development Services
Henry Empeno, Deputy City Attorney
Michael W. Grubbs, Field Engineer
Rick Aspril, Construction Inspector
lMPORTANT NOTE.
I. THERE ARE CURRENTLY 5 WATER SERVICES CONNECTED TO THE EXISTING
MAIN WHICH WILL BE RELOCATED TO THE NEW MAIN AS PART OF THIS CONSTRUCTION.
THE RELOCATIONS WILL TAKE PLACE AFTER THE NEW MAIN IS IN SERVICE AND BEFORE
THE EXISTING MAIN IS ABANDONED TO MINIMIZE DISRUPTION OF SERVICE TO THE
CUSTOMERS.
SPECIFIC NOTES.
I. ALL WATER PIPELINES AND APPURTENANCES SHALL BE CONSTRUCTED IN ACCORDANCE
WITH SAN BERNARDINO MUNICIPAL WATER DEPARTMANT I SBMWD I STANDARDS AND
SPECIFICATIONS AND IN PRESENCE OF THE SBMWD INSPECTOR.
2. ~ RESTRAIN JOINTS AS PER STD DWG NO W6.4.
3. MAINTAIN MINIMUM 30' OF COVER ON PIPE EXCEPT AS SHOWN ON PLANS. PROFILE OF WATER
LINE WILL BE DETERMINATED IN THE FIELD, 9ASED ON EXISTING UTILITIES AND EXISTING
ELEVATIONS OF EXISTING WATER LINE AT TAPS. INSTALL PIPE TO PROVIDE CONTINUOUS UPHILL
GRADIENT WEST TO EAST AND SOUTH TO NORTH. CONTRACTOR SHALL EXCAVATE FAR ENOUGH
IN ADVANCE TO ALLOW MINOR GRADE ADJUSTMENTS TO MAINTAIN DESIRED UPHILL GRADIENT OF
PIPE.
4. INSTALL I' AIR RELEASE VALVE AT ALL LOCAL HIGH POINTS AT NO ADDITIONAL COST TO OWNER
AIR RELEASE VALVES. VACUUM OR COMBINATION VALVES, PER STD DWG NO W7. I. WILL BE INSTALLED
AS NEEDED.
5. NEW WATER LINE WILL BE CONSTUCTED AND TESTED BEFORE SERVICES ARE CONNECTED
AND EXISTING WATER LINE IN ART TOWNSEND DR IS ABANDONED IN PLACE.
6. MOST EXISTING IRRIGATION, FIRE. AND DOMESTIC SERVICES WILL BE CONNECTED TO
NEW 12 OR 16 INCH WATER LINE. SERVICES TO DEMOLISHED BUILDINGS WILL NOT BE CONNECTED BUT
WILL BE DEMOLISHED TO BELOW GRADE.
7. NEW DOMEST I C, I RR I GA T ION AND FIRE SERV I CES WI LL BE I NSTALLED IN LOCATIONS
TO BE DETERMINED.
8. STREETS SHALL BE CLOSED DURING PIPELINE CONSTRUCTION. PAVEMENT REPAIR AND
MARKINGS REPAIR WILL NOT BE REQUIRED AFTER PIPELINE CONSTRUCTION.
STREETS WILL BE RESURFACED AFTER UTILITY INSTALLATION IS COMPLETED.
TRENCHES WILL BE BACK FILLED DAILY TO PROTECT THE PUBLIC DURING NON WORKING HOURS.
9. EXISTING FIRE HYDRANTS TO BE ABANDONED WILL BE REMOVED TO BELOW GRADE. SURFACE
WILL BE PATCHED TO MATCH SURROUNDING SURFACE.
~OFFSETS AROUND EXISTING UTILITIES WILL BE INSTALLED AS NEEDED.
~SETS WILL BE CONSTRUCTED PER STD DWG W 6.9 AND W 6.9B ADD I' AIR RELEASE PER
STD DWG W 7. I AT LOCAL HIGH POINTS.
II. ALL THRUST BLOCKS WHICH MAY BE NEEDED SHALL BE POURED IN PLACE WITH A MINIMUM
SURFACE BEARING AREA. PER STD DWG NO W6. I I, AGAINST UNDISTURBEO SOIL. CONCRETE IN CONTACT
WITH FITTING HARDWARE IS UNACCEPTABLE.
-
APPI
Hernandez, KrooDe tin'
&. Auodatea, IDe. _,e
lIDlS
- CIlNSI.\. TING ENGlI\IEERS -
UNDERGROUND SERVICE ALE81
Pl._ING . DESIGN - SURVEYING SECTION 421114211 OF THE ~NT COIl[ REOWlES A DIG
---_._~-- .--- - -- ---- & --...--
Minutes of Meeting
Street Improvements at
Art Townsend/Otto Gericke
San Bernardino International Airport and Trade Center
File 7.30-14
Date: February 14, 2001
Location: Public Works Conference Room
Time: 3:30 pm
Attendees:
Alex Estrada, IVDA
Rick Avila, Avila Construction
Richard Morales, Avila Construction
Mike Grubbs, City of San Bernardino
Rick Aspril, City of San Bemardino
Richard Hernandez, HK & A
Matt Tsugawa. HK & A
The following is a summary of items discussed during the Progress Meeting:
1. Need to clear with Water Department regarding removal of some water crossing _ Revised
plan presented.
2. More than 4' deep so subject to OSHA requiremenls will greatly increase price. May have to
bore in Art Townsend where utilities are clustered.
3. Cluster of utilities at 47+ 00 may preclude use of shield for about 20 feet.
4. Unknown soil conditions below 4 feet deep, possibly sandy soil.
5. Transite pipe - Asbestos problem? Check with Steve Ledbetter.
6. Lines along Otto Gericke serving the pool to go away
7. Undercrossing of SCE at Ottorrownsend. Use same price as the crossings doser to 3"
Street.
8. HKA indicated that profile may have to be raised on Otto Gericke due to clearance problem
with newly installed underground electrical conduits. (Note: This was later determined by
HKA not to be a problem).
9. Contractor still needs to pothole existing water line at intersection of Otto Gericke and Art
Townsend. Will be done first thing on Friday (2/16/01).
10. HKA to provide revised plan for water Department Approval and submit to Steve Ledbetter by
8:00 am tomorrow. If okay. Water Department will sign and HKA will deliver to City Engineer
for approval tomorrow afternoon.
11. Contractor to provide cost proposal to Jack boring vs. pulling shield in area of clustered
utilities.
AVILA CONSTRUCTION, INC.
General Engineering
264 Leland Norton Way, Suite BI50
San Bernardino, CA 92408
February 20,2001
City of San Bernardino
Development Services Department
300 N. "0" Street
San Bernardino, CA 92418
Attn: Mr. James Funk, Director of Development Services Department
Re: STREET IMPROVEMENTS OF ART TOWNSEND DRIVE OTTO
GERICKE DRIVE AT SAN BERNARDINO INTERNATIONAL AIRPORT
FILE NO. 7.30-14
Dear Mr. Funk:
As of February 20, 200 I , Avila Construction is still delayed in the construction phase of
the above reference project. On Thursday, Febrwuy 15,2001, we received an UDliped
revised set of plans from the Engineer, Hernandez and Kroone and Associates. We were
instructed, by the inspector, Rick Aspril, to proceed in an as-built, as-you-go,
construction method, with the same unsigned plan. Avila Construction cannot proceed
without an approved set of "Signed" plans.
As of today, we have not received any response to our previous two letters regarding
delay of time. The City of San Bernardino advised Avila Construction of the change of
plan, scope of work, for this project. Avila Construction did not delay this project. As of
February ~, 2001, Avila Construction has not been able to complete the work per our
construction schedule, submitted to the City of San Bernardino on January 26, 2001.
On two separate occasions, Avila Construction has requested survey to be done on this
project. Survey for staking waterline and removals for Art Townsend Drive. As of this
date we have not received any staking for any of the above. A vila Construction filled out
the proper city request form "Request for Survey" as instructed by Mr. Mike Grubbs.
Yours truly,..
-4;~~)" if .
~'.'('~ ~1
. y'
Richard P. Avila
Vice President
cc: Alex Estrada, Inland Valley Development Agency
Ray Casey, City Engineer
Mike Grubbs, Field Engineer
Rick Aspril, Inspector
Mar-OB-Ol ll:25A RobQrt J. RQynolds
P.Ol
LAW OFFICES OF ROBERT J. REYNOLDS
3525 I.>cl Mar Heights Road. No. 600
SIll Diqu. CA 92130
FAX
.
THIS (;UMMUNICATlON IS IN'IT.I'IDED ONLY J'OR TIlE USE
OF TIlt: PARTY'ro WHOM rr 15 ADDRP.'I.'lED, AND alA Y
CONTAIN PRIVILEGED AJllD CONFIDENTIAL
INFUIIMATIOl'L THIS COMMIINIC:ATIUN III NOT TO II
.FAD, C:OPIIII OR lISID IIY ANvClI'IE arHER TDAJll no:
INTF.I'IDED 1lU:1P1E/llT. IF THIll PAX KEM:HllS YOU BV
MllliTAKE. PLF..4SF. r.AI.I. THE SENDElC AJllD RETURN TRF.
IIOCUMENTmtllllMMWlATELY IV SURFACt: MAli. AT
TIlE ABOVt! ADDlCt:liS.
Date: Marc:b 8, 2001
Number of JlIIgcs including cover sheel:
3
/
/
Ta: James "'uolc, Ales F....rad:a, Mike Grubbs
and Kick AsprU
l'ax phone: 909.3&4.51 S5
From: R8bert J. Reynoldoo
Phone:
F." phone:
(619) 261-3393
(858) 793-1393
KEMARIC.'l:
t8I Urgent
t8I Foryourn:vicw t8I RcplyASAP
o Please commen.
Dear Mr. Funk, et al: .
It appears that the job is ready to be resumed, however. there is no signed change order. Our
client cannot understand why we cannot get the change order processed so they can get back
to work.
Also, the delay issue is becoming a serious problem as well.
Please call me if you have any questions or ideas how we can get this moving forward.
Thank you for your cooperation.
Law Offices of Robert J. Reynolds
~L
Rob Reynolds
619.261-3393
.
_.
Mar-OB-pl ll:25A Robgrt J. Rgynolds
P.02
.
L.Ai.W OlFr'CES OF
ROBERT J. REYNOLDS
3.~Ui DEL M&" "~IG"'T. ROAO
NV....Il'.. .00
IIAlC DUIOO. ~~ ee.=ao
T~"'C"HOfllE le,., ael-a38:S
,.ACS.....'LE .6101 7CU,.'.a.:I
March 8. 2001
City of San Bernardino
Development Services Department
300 N. MD- Street
San Bernardino. CA 92408
Via Pac8imi~e Only
TO a.Qln .aoc...x.:
Attn:
James Funk, Director
Alex Estrada. IVDA
Mike Grubbs, Field Engineer
Rick Aspril. Inspector
.
Re: Street Improvements on Otto Gericke Drive and Art Townsend
Drive, File No. 7.30-14
Dear Sirs:
Please be advised that this office represents Avila
Construction, Inc. On behalf of our client. we are attempting
to coordinate the facilitation of the recommencement of the
above-referenced project.
At this time, we understand that a signed change order
pertaining to the changes in the nature and scope of the project
has not yet been executed. Clearly. we see no basis for
proceeding on the project absent a writing confirming the new
scope of work.
Further. with regard to the delay issues, we are working to
coordinate that aspect of the project as wel~. Uowever, absent
a signed change order, our efforts may be to no avail. Ni.th
regard to delay. the absence of the executed appropriate change
order is strong evidence that the delay is compensable pursuanL
to the standards set forth in the Standard Spe~ificationB . for
Public_~.9rks Constr\!s!:.~on, Section S-5.
Our clients are willing to make every effort to COmmence work as
soon as possible. Nonetheless, absent clear written
instructions. by change order or Qther legally sufficient means,
our client is unable to proceed~
_~r-OB-Ol ll:26A RobQrt J. RQynolds
James Funk, et at.
March 8, 2001
Page 2 of2
We anticipate that you will continue to
directly with Avila Construction, Inc.
contact our office at your discretion.
monitoring this matter and look forward
the written change order or other legally
P.03
.
coordinate these matters
However, feel free to
Naturally, we will be
to receiving a copy of
sufficient memorandum.
please contact us if you have any questions regarding the
foregoing. We look forward to working with you toward the
resolution of this matter.
Very truly yours.
LAw OFFICES OF ROBERT J. REYNOLDs
M(t-
Robert J. Reynolds
Attorney at Law
cc: Client
.
.
DEVELOPMENT SERVICES DEPARTMENT
300 North "f)" Street. San Bernardino' CA 92418-0001
Phn,,; ng &: Building 909.384.5057 . Fa",; 909.384.5080
f' Xi;, \\'",~.'/E:l9neering 909.384.5111' Fax; 909.384.5155
"~l,\.'W. ci,san~bernardino.ca.us
March 13,2001
File No. 7.30-14
A vila Construction, Inc.
Attn: Richard Avila
264 Leland Norton Way, Suite BI50
San Bernardino, CA 92408-0185
RE: STREET IMPROVEMENTS ON OTTO GERICKE
AND ART TOWNSEND DRIVE
Dear Mr. A vila:
As discussed in our meeting of March 12,200 I, we are providing the following proposal:
The intent of this proposal is to maintain the appro",imate quantity of overall surface
improvement work associated with the original contract and dele1e the contract items related to
the 16" water line in response to the conCerns identified by both you and your sub-contractor. In
any event, the City is still directing you 'to return to work as per our previous discussion and
correspondence.
I. Delete the 16" water line in Art Townsend Drive in its entirety and all rela1ed work.
2. Add new items to purchase the 16" water lines and related components, which are currently
stored at the site. Prices indicated are for eSlimating purposes only. Payment will be made
based on actual invoice from original vendor plus reasonable costs for handling and
transportation.
3. The 12" water line in Otto Gericke Drive is to be constructed as per plan and offsets, if any,
shall be constructed per Note 10 of the specific notes for the water line construction. The
new 12" water line is to be connected to the exis1ing 10" water line in Art Townsend Drive
by a 12"xlO" reducer. A hot tap to the existing 10" line will be required (see Item 48A).
A VILA CONSTRUCTION INC.
RE: STREET IMPROVEMENTS ON OTTO GERICKE AND ART TOWNSEND DRIVE
MARCH 13, ZOOI
PAGE TWO(Z)
4. Delete the portions of street work in Art Townsend Drive from Station 39+34.01 to Station
46+00, including deletion of the cross gutter at the intersection of Art Townsend Drive and
Otto Gericke Drive.
5. We have added additional work on 3rd Street from Station 40+54 and Station 49+33 to offset
the deleted work on Art Townsend Drive. The work in 3rd Street immediately east of Otto
Gericke Drive shall be in accordance with the original bid plan, i.e. short transition adequate
for traffic merging only. Unit prices for each item of work where the quantity has not
changed by more than 25% will be in accordance with 1he original bid. The City will
consider a reasonable proposal for additional traffic control necessary to construct the added
work in 3rd Street.
6. Changes to the lighting system on Art Townsend Drive remain as previously approved on
plans dated 02/21/2001. Items 15 and 15A have been modified to reflect this change.
7. Item 16, "Install traffic slriping, pavement marking, parking lot striping", is hereby deleted in
its entirety.
8. Item 7, P.C.c. Type "A" is hereby reduced from 1,804 linear feet to 360 linear feet which
represen1s the Type "A" curb to be constructed in the median island in Otto Gericke Drive,
just south of 3rd Street.
If you have any questions regarding this matter, please contact me, at (909) 384-5111.
Sincerely,
/(lj} 1 / vv"
I/\,y,_' ?' C(0f /
RAYMOND A. CASEY
City Engineer
RAC:MG:cdjw
Attachments (3)
cc: James Funk, Director of Development Services
Henry Empeno, Deputy City Attorney
Alex Estrada, IVDA
Michael Grubbs, Field Engineer
Rick Aspril, Construction Inspector
\\CH-OA\DSIPublic Works\Ray's FolderlLETTERSIAVILA CONSTRUCTION,Slreee! Improvements on Otto Gericke and Art
Townsend Drive.doc
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CITY OF SAN BERNARDINO
Development Services Department
PUBLIC WORKS DIVISION
300 North "D" Street, San Bernardino, California 92418
Phone: (909) 384-5111. Fax (909) 384-5155
FAX TRANSMITTAL SHEET
TO:
A VILA CONSTRUCTION
(909) 382-0078 & 886-8977
DATE:
03/13/20111
FAX:
FROM:
Michael Grubbs. Field Engineer
PAGES 6
(Including cover sheet)
SUBJECT:
fROPOSAL FOR ART TOWNSEND lOTTO GERICKE
REMARKS:
Your message here...
\\CH-OA\JACKSON_CH\Cheryl's StumFu - Mike Grubbs.doc
-
CITY OF SAN BERNARDINO
Development Services Department
PUBLIC WORKS DIVISIQIS
300 North "D" Street, San Bernardino, California 92418
Phone: (909) 384-5111. Fax (909) 384-5155
FAX TRANSMITTAL SHEET
TO:
ALEX ESTRADA @ IVDA
(909) 382-4106
DATE:
03/13/20Q1
FAX:
FROM:
Mk,hael Grubbs. Field Engineer
PAGES 6
(Including cover sheet)
SUBJECT:
PROPOSAL FOR ART TOWNSEND lOTTO GERICKE
REMARKS:
Your message here...
IICH-OAIJACKSON_CHICheryl's SlulllFu - Mike Grubbs.doc