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HomeMy WebLinkAbout17- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays Subject: Declaration of Default by Contractor and Cancellation of Contract— Dept: Development Services Installation of Street Trees along Highland Avenue from "E" Street to Waterman Date: January 18, 2000 M Avenue (Colarossi Construction) per Plan No. 9845. File: 7.37-5040 LI MCC Date: 01-24-2000 Synopsis of Previous Council Action: May 3, 1999 -- authorized the Director of Development Services to Advertise for Bids for the Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue. August 2, 1999 -- Resolution Awarding Contract to Colarossi Construction for Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue in the amount of $158,433. Recommended Motion: That the Mayor and Common Council declare Colarossi Construction in default and cancel the Contract pursuant to Section 6-4 "Default by Contractor" of the Standard Specifications for project "Installation of Streetscaping on Highland Avenue from "E" Street to Waterman Avenue per Plan No. 9845". Michael E. ys Contact person: Michael Grubbs, Sr. Civil Engineer Phone: 5179 Supporting data attached: Staff Report & Project Correspondence Ward: 2 & 7 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Finance: Council Notes: Agenda Item No.y — i/,y/a000 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Declaration of Default by Contractor and Cancellation of Contract—Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue (Colarossi Construction) per Plan No. 9845. Background: On August 2, 1999, the City entered into a Contract with Colarossi Construction for Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue for the contract amount of$158,433. The "Notice to Proceed" was given on August 27, 1999. Colarossi Construction began work at the southeast corner of "E" Street and Highland Avenue and started trenching east as required by Bid Item No. 8 "Trenching, Backfilling and Restoration of Asphalt concrete Pavement". On 9/3/99 the contractor encountered 9" to 10" thick asphalt concrete pavement. On 9/7/99 the contractor encountered a 6" thick layer of concrete underneath the asphalt concrete pavement. The extra thick asphalt concrete pavement and the subsurface concrete was not shown on the plans and appeared to affect the entire reach of the project., therefore, Colarossi Construction immediately stopped work and verbally requested a change order to compensate them for the extra cost incurred due to "Changed Conditions" under Section 3-4 of the Standard Specifications. In a meeting with the Contractor, City Staff acknowledged the "Changed Condition" and authorized the Contractor to proceed under Section 3-4 of the Standard Specifications, which requires the Agency to issue a change order to adjust the compensation for the affected work. However, it was not possible to immediately process a change order before the City Council because the location and amount of the unforeseen asphalt and concrete was highly variable and the total cost of the change order could not be estimated. The Contractor and City Staff agreed that Bid Item No. 8 "Trenching, Backfilling and Restoration of Asphalt Concrete Pavement" would be deleted and the work covered would be completed on a "Time and Materials" basis as provided by Section 3-3.2.2 `Basis for Establishing,Costs" of the Standard Specifications. It was further agreed that Colarossi Construction would attempt to complete 300 linear feet per work day of trenching. The Contractor resumed work on 9/8/99. An evaluation by City Staff of the progress of the work was made on 9/22/99 and the rate of trenching was found to be only 188 linear feet per day, substantially less than the performance goal of 300 linear feet per day. City Staff suggested that Colarossi Construction investigate alternative methods of trenching, such as a "rock saw" trencher. Representatives of Colarossi Construction, rejected the suggestion and insisted on continuing the work by conventional methods. Each family member performed various tasks, such as laborer, equipment operator, flagger, truck driver, etc. Colarossi Construction refused to bring in additional workers or hire subcontractors to speed up the trenching operation. On September 22, 1999, the City issued a "Stop Work Notice" to Colarossi Construction. The "Stop Work Notice" was to remain in effect until the Colarossi Construction: 1) Formally requested a "Change in Condition" from the City in writing; and 2) that Colarossi Construction submit a fair and reasonable request for additional performance time and cost based on an economical alternative trenching methodology. On October 19, 1999, a meeting was held with Colarossi Construction and their Attorney, Blake A. Hudson. Henry Empeno, Deputy City Attorney, was in attendance on behalf of the City together with Public Works Staff. It was agreed that Colarossi Construction would resume work on 11/1/99 with a goal of 300 linear feet per day of trenching. The Contractor would further attempt to complete trenching in the street between "E" Street and Sierra Way before 12/1/99 so that our Highland Avenue Pavement Rehabilitation Project, a separate contract, could proceed. Additionally, City Staff agreed to seek approval to pay for materials that had been delivered but not incorporated in the work. Further, City Staff agreed to consider a claim by the Contractor for "lost time cost" due to the "Stop Work Notice". In the spirit of cooperation with the Contractor and to alleviate unfair impacts to its material supplier M & M Boys, Inc. the City processed Change Order No. 1 to delete the portion of Section 6-1.06 PAYMENTS, which read as follows: "No partial payment will be made for any materials which are furnished but not incorporated in the work.". The purpose of this change order was to enable payment to the Contractor for materials delivered to the job, but not yet incorporated into the work. This was a "no cost" change order and did not require City Council approval. The Contractor resumed work on 11/1/99 and worked continuously until 12/29/99, when the Contractor without notice to the City, abandoned the Project. The Contractor failed to provide "Time and Material" reports as required by Section 3-3.3 "Daily Reports by Contractor" for anytime during that period. Measurement by City Staff of the work completed during that time period indicated that the Contractor averaged 67 linear feet per day of trenching, backfilling and restoring asphalt concrete pavement. City Staff felt that the Contractor's lack of manpower was the cause of the extremely low rate of progress. On December 28, 1999, City Staff attempted to deliver two checks to Colarossi Construction. One check was to Colarossi Construction for work completed during the period 8/27/99 through 9/20/99. The other check was a joint check made payable to Colarossi Construction and M & M Boys, Inc. and was intended to pay for grates and irrigation materials stored at M & M Boys' yard in Corona, but not yet incorporated in the work. Larry Colarossi, Sr. refused to accept either of the checks indicating that he felt that approximately $80,000 is owed to him for work completed to date. On December 29, 1999, the Contractor stopped work, without notice to the City, and moved their equipment off the site. City Staff believed they had abandoned the project. A letter was sent on 1/3/2000, by certified mail to Colarossi Construction, its bonding company and its Attorney, Blake A. Hudson advising them that the City considered them in default as defined by Section 6-4 of the Standard Specifications. The Contractor was given five (5) days to respond to the "Notice of Default" letter. The Contractor was advised that if it failed to resume work and diligently pursue the work to completion, the City would declare the Contractor in default, cancel the contract and exclude the Contractor from the project site taking possession of all materials and equipment at the site. On Wednesday, January 12, 2000, without notice to the City, the Contractor returned to the job site and resumed work. City staff has monitored the work since the Contractor's return and the Contractor's performance still falls far short of the mutually agree upon goal of 300 linear feet per day. The average rate of progress since returning has been less than 100 linear feet per day. In addition to stopping work and moving off the site on December 29, 1999, Colarossi Construction had reportedly directed its supplier, M & M Boys of Corona, to return to the manufacturer approximately $44,000 worth of tree grates and irrigation material. This action indicated to City Staff that Colarossi Construction was not acting in good faith and had no intention of returning to complete the project. In addition to the substandard performance indicated above, staff has been unable to obtain from Colarossi Construction documents required by HUD for the City to obtain reimbursement under the CDBG Grant. Except for the period 8/27/99 to 9/20/99, the Contractor has failed to submit acceptable Certified Payroll Records for the payroll periods during which contract work was completed. No Certified Payroll records have been submitted for work completed between 11/1/199 and 12/29/99. Without acceptable Certified Payroll Records for all pay periods worked after 9/20/99, Staff is unable to authorize any further payment to Colarossi Construction. City Staff had been in contact with Colarossi's bonding company and has attempted to have the bonding company intervene and influence the Contractor to remedy the deficiencies in his performance to no avail. Consequently, on January 18, 2000, Staff mailed and delivered to Colarossi Construction a notice to suspend work pursuant to Section 6-3 "Suspension of Work" of the Standard Specifications pending resolution of the "Notice of Default" action before the Mayor and Common Council on January 24, 2000. A copy of the letter and all other correspondence between the City and Colarossi Construction or their representatives is attached. Therefore, Staff is recommending that the Mayor and Common Council declare Colarossi Construction in default and Cancel the Contract pursuant to Section 6-4 "Default by Contractor" of the Standard Specifications which provides that "The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent". Staff contends that the Contractor is not "complying in good faith" as evidenced by the following actions and performance deficiencies: 1. Abandoned the Work on 12/29/1999 without notice to the City and subsequently returned to work, also without notice to City, on 1/12/2000, but only after receiving a written notice from Staff regarding their abandonment. 2. Directed M & M Boys, Inc. to return approximately $44,000 in tree grates and irrigation supplies which were intended to be included in the work, indicating a lack of commitment to complete the Project even though the City attempted to deliver to them a joint check to pay for the materials. 3. Made no effort to achieve the agreed upon performance goal of 300 linear feet per day of trenching, backfilling and restoration of pavement. 4. Have not submitted proper and complete documentation of Certified Payroll Reports and Time and Materials reports that are required for the City to pay Contractor and obtain reimbursement from the Community Development Block Grant (CDBG) Fund. Financial Impact: There is no immediate financial impact due to the proposed action declaring the default and canceling of the contract. Recommendation: That the Mayor and Common Council declare Colarossi Construction in default and cancel the Contract pursuant to Section 6-4 "Default by Contractor" of the Standard Specifications for project "Installation of Streetscaping on Highland Avenue from "E" Street to Waterman Avenue per Plan No. 9845". i 'aF'R"AR Sp _ I T r O F 5an Bernardino 7r .J DE V L 00 V ENT SERVICE! DE I AR T M ENT M I C H A E L E M A Y S D I R K C T O R CERTIFIED MAIL, January 18, 2000 File No. 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Attention: Mr. Larry Colarossi, Jr., Sole Proprietor Subject: Highland Street Tree planting Project per plan No. 9845 - SUSPENSION OF THE WORK AND NOTICE OF INTENT TO DECLARE DEFAULT AND CANCELLATION OF CONTRACT. Dear Mr. Colarossi: On January 3, 2000, we sent you a "Notice of Default" letter advising that the City proposes to declare your company in default on the subject contract. This default is due to the fact that you have failed to "execute the work in a manner and at such locations as specified" and you have failed to "maintain a work program which will ensure the Agency's interest". You abandoned the project on December 29, 1999, and we have received word from M & M Boys, Inc. that you directed them to return tree grates and irrigation supplies to the manufacturer which were ordered for this project and valued at approximately $44,000. The slow rate at which your company has progressed on the work has resulted in excessive costs to the City, caused unnecessary interference with access through the area, restricted access to adjacent properties and interfered with the orderly conduct of business along this very busy section of Highland Avenue. Your conduct of the work has clearly not been in the City's best interest. It has caused and is continuing to cause significant damages to the City of San Bernardino. 3 0 0 N O R T H 0 S T R E E T. S A N R E R N A R D I N O. C A L I F 9 t t 5 (500) 3E4 -5357 • FAK ; 351-f 010 AX : 300.5755 000l nigmana atreet Tree Project — Notice to Suspend Work 01/18/2000 In addition, despite numerous discussions between Public Works Staff and representatives from the firm regarding the necessity to follow proper local, state and Federal procedures, we have yet to receive the documentation necessary to pay your company for work performed after September 20, 1999. We did receive the documentation required in order to pay you from August 27, 1999, through September 20, 1999. We attempted to deliver the checks covering work completed for that period and materials on hand but not incorporated in the work to Larry Colarossi, Sr. on December 28, 1999. Our letter of January 3, 2000, indicated that we are proposing to declare your company in default under Section 6 4 of the Standard Specifications. It further gave you five(5) days after receipt of the notice of proposed default to explain how you would remedy the deficiencies in your performance indicated above. It further indicated that, if you did not respond and the deficiencies are not remedied within five (5) days, or you fail to continue after starting to comply, then the City will exclude you from the premises and take possession of all materials and equipment. You were warned that, if you fail to comply, the City will turn to your Surety to complete the work and any cost incurred by the City in the completion of the work will be charged against your company or your Surety. Please be advised that you have not provided a work plan, within the time limit specified, that would indicate that you are capable of remedying the performance deficiencies noted earlier in the letter. Therefore, we have no choice but to recommend to the Board (Mayor and Common Council) that the subject contract be cancelled under the provisions of Section 6-4 "Default by Contractor" of the Standard Specifications. This action is scheduled for hearing before the Mayor and Common Council at its regular meeting of January 24, 2000. You and/or a representative of your company may attend the meeting. Further, please be advised that the City is suspending the work on the subject project in its entirety pending the hearing before the Board to declare your company in default. This suspension is being made under the provisions of Section 6-3 "Suspension of Work" of the Standard Specifications, based on a determination by the Engineer that the suspension is necessary in the interests of the Agency. Therefore, you are hereby ordered to halt all work on the subject project pending a hearing before the Board scheduled for January 24, 2000, to determine if Colarossi Construction should be declared in default and the Contract cancelled pursuant to Section 6-4 "Default by Contractor" of the Standard Specifications. You are hereby reminded of your obligation as a licensed contractor to restore the site to a condition that is safe, clean and offers minimum inconvenience to the public and adjacent property owners. You are also required to remove all debris, equipment and materials, except those which have been installed under the contract, from the site and clean up any storage/staging areas used during the work. Prior to leaving the site, you are required to coordinate the shutdown with our Construction Inspector, Henry Wingson, so as to assure that the site is left in a safe, clean and serviceable condition. We are providing notice to your Surety of staffs intent to recommend to the Board that Colarossi Construction be declared in default and cancellation of the subject contract. If the Board declares rugmand Street Tree Project — Notice to Suspend Work 01/18/2000 your company in default and cancels the Contract, then we will serve written notice on your bonding company that they, within five (5) days, are to assume control of the work and cause the remaining work to be completed in accordance with contract plans and specifications. A copy of this letter has been delivered to your representatives at the job site on January 18, 2000. _ A copy of the proposed staff report to the board will be provided to you when it becomes available. If you have any questions, please call me at (909) 3845125. Very truly yours, Raymond A. Casey City Engineer cc: Crosby Insurance, Inc Arm Mr. Dwight Reilly (Re: Performance Bond No. 5941977) Henry Empeno, Deputy City Attorney Blake Hudson, Attorney for Colarossi Construction Michael E. Hays, Director of Development Services Michael W. Grubbs, Senior Civil Engineer Henry Wingson, Construction Inspector CITY OF SAN BERNARDINO Inter-Office Memorandum TO: Henry Empeno, Deputy City Attorney FROM: Michael W. Grubbs, Senior Civil Engineer SUBJECT: Colarossi Construction—Letter dated 1/13/2000 from Blake Hudson DATE: January 18, 2000 FILE: 7.37-5040 Henry, I am transmitting the subject letter for your review. It is dated 1/13/2000 but was sent by certified mail and received here on January 18, 2000, at 3:42 pm. Do I have a case against Blake Hudson for defamation of character? His statements about me are completely ridiculous and blasphemous. It's obvious that he is trying to focus attention on personalities rather than his client's failure to perform under the requirements of the Contract. I'd appreciate your advice regarding this continuing and completely unwarranted personal attack by Blake Hudson. Michael W. Grubbs PUBLIC WORKS/ENGINEERING HUDSON & BROWNING r IT .-C ` ATTORNEYS AT LAW - 18952 MAC ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92612 TELEPHONE(949)622-2150 -T FACSIMILE(949) 852-9778 BLAKE A.HUDSON PARTNER BLUU:@BHUDSONIAW.COM January 13, 2000 Writefs Direct Dal:(909)852-9772 VIA CERTIFIED MAIL •- Mr. Raymond A. Casey City Engineer Development Services Department 300 North D Street San Bernardino, CA 92418-001 Re: Colarossi Construction Our File No.: 555-1012 Dear Mr. Casey: This correspondence will respond to Mr. Grubbs' letter of January 3, 2000 asserting that Colarossi is in default with respect to the Highland Street improvement project. The letter correctly states that it was agreed at meetings between Colarossi Construction and the City that a goal of 300 linear feet per day would attempt to be achieved. It was explicitly agreed that this would only be a goal and that due to the unforeseen change in subsurface conditions, no guarantee could be made as to any particular rate per day. Even if it is true that the completion rate of Colarossi Construction since November 1, 1999 is 67 linear feet per day, that is due to the site conditions (not represented on the defective plans and specifications), and not the work of Colarossi Construction. Furthermore, any decrease in a reasonable rate is due to the interference of the City personnel specifically, Mr. Michael Grubbs. As mentioned in previous correspondence, due to the City's breach of contract, Colarossi Construction exercised its option to cease work on this project. However, after meeting with you on January 6, 2000, Colarossi Construction has temporarily decided not to pursue a breach of contract action based on your representations that the City of San Bernardino wishes Colarossi Construction to complete this project and intends to promptly pay them all undisputed monies owed. The disputed monies will be arbitrated after the project pursuant to the Public Contract Code. Colarossi Construction continues, Mr. Raymond A. Casey January 13, 2000 Page 2 as it has since this dispute first arose, to proceed under protect with the respect to any amounts Colarossi Construction feels it is due, which are not forthcoming from the City of San Bernardino. Based on the above, it would be improper to declare Colarossi Construction "in default"on this project. On a separate but related note, this writing will confirm that Mr. Grubbs has clearly stated his intention to "ruin Colarossi's life" and"ruin Colarossi's credit." As you know, there are limits to governmental immunity and Mr. Grubbs has clearly exceeded them. We need written assurance that Mr. Grubbs will no longer be handling this project, will cease and desist making false, defamatory and inflammatory statements to and about the Colarossis, will cease his efforts, through his office, to ruin Colarossi's reputation, business and credit. Very I ly yours, HU BROWNING Blake A. Hudson BH:bg v ?c n C-0 ,N _ o '� to nr v o2 n ColamssVLem:r w Casey (I I ( N ( ' 1 O. a 1,� u \ � i �1 Iq +�00 _ cK yy j # od w1 a o0 N 01 U U Q °) 4 m N Tou c,I''t4 8 c a � > o a .� QUA ° rn '•' .} .0 �rt s r.1 � ire 0 o- s a N _ i v `> and zs � 0 m 1 £ 2 ! r„r UO ��'< m ONIObVheda h. � dv ALO Z M v U - 7N1833NION3/SSi80M OIIBOd O N N y m S _ C I 'T Y OF J� FD I� °az San ]Bernardino GND 10� w F C E V E L O P MEN T 9 E R V I C E A DEPARTMENT M 1 C H A E L E H A Y t D I R [ C T O R January 18, 2000 File No. 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Attention: Mr. Larry Colarossi, Jr. — President Subject: Installation of Streetscaping on Highland Avenue, from "E" Street to Waterman Avenue (Plan No. 8645) Dear Mr. Colarossi: As requested in your FAX message of 1/12/2000, the approved equipment rental rates are indicated on Exhibit "A" attached to this letter. Regarding the dollar extension amounts of the individual daily Time & Materials sheets, the following detailed guideline should be followed, referring to the sample used for the date of 12-15-99 (Exhibit "C") (1) In Column 3, adjust the "hours worked" to "hours to be paid" as per table in Exhibit `B". (2) In Column 4, enter the rates from Exhibit "A". (3) Multiply Column 1, 3, and 4 and enter the result under Column 5. Sum up Column 5. (4) Enter hourly rate in Column 8 from Weekly Certified Payroll Report. 3 0 0 N 0 R T N D ' A T R E E T . S A N 8 E R N A R D I N 0. C A L I F 9 2 4 1 A . 0 0 0 1 (909) 0 $4 - 5387 • FAX : 941• E0s0 / PUBLIC WORRA 1 AX : 3 9 4. 111 E ! r Colarossi Construction Attn: Mr. Larry Colarossi, Jr. — President January 18, 2000 File No. 7.37-5040 Page 2 - Subject: Installation of Streetscaping on Highland Avenue, from "E" Street to Waterman Avenue (Plan No. 9845) (5) Multiply Column 7 and 8 and enter the result in Column 9. Sum up Column 9 at "Sub-Total' at the bottom. (6) Enter materials description, "No. & Unit" in Column 10 (for example: "10 Tons", "4 Each", etc.), the unit cost in Column 11, and the product of Columns 10 and 11 in Column 12. Sum up the items of Column 12. Note: List saw blades, sand, cold A.C. mix, pavement hot mix, etc. and attach the respective invoices/receipts from the suppliers. (7) Labor Surcharge is 15% of the amount against "Sub-Total'. (8) Sum of the Labor Surcharge and Sub-Total is the Total Cost of Labor and is entered against A. (9) Sum of Column 5 and 12 is the Total Cost of Equipment, Materials and Work, and is entered at B. (10) Calculate 33% markup on Labor Cost and enter at (A). (I1) Calculate 15% markup on Equipment, Material & Work Cost and enter at (B). (12) Total cost for the Time and Materials Sheet is the sum of A, B, (A) and (B). Your attention is invited to Section 9-1.03C (Exhibit "D") which requires that the completed Daily Extra Work Reports be prepared and submitted on a daily basis by the Contractor to the Engineer. r Colarossi Construction Attn: Mr. Larry Colarossi, Jr. — President January 18, 2000 File No. 7.37-5M Page 2 Subject: Installation of Streetscaping on Highland Avenue, from "E" Street to Waterman Avenue (Plan No. 9845) If you have any questions, do not hesitate to contact the undersigned at (909) 384-5179 Sincerely, MICHAEL W. GRUBBS Senior Civil Engineer HW:pa Attachments Cc: Raymond A. Casey, City Engineer Henry Wingson, Construction Inspector PUB VC WORKgENyrNon OlarOSSi Construction or, j V1 13 a4 i a 32 Lic X 732283 7600 Canyon Road Colton, CA 92324 E[ECILEOWIED Phone(909) 783-1823 JAN 1 3 2000 Fax (909) 783-9171 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT Facsimile Transmission Date: January 12, 2000 To: Mr Raymond Casey or Mr Michael Grubbs City of San Bernadino Development Services Department 300 North D Street Phone(909) 384-5357 San Bernadino, CA 92418-0001 Fax (909) 384-5080 From: Anthony Colarossi Subject: Notice of Default Reply Total number of pages (including this cover sheet): 15 FROM: COLAROSSI CONSTRUCTION — ---� 7600 RECHE CYN RD COLTON, CA 92324 LIC # 742283 PUBLIC WORKS/ENGINEER IN( PHONE (909) 783-1823 MY nc �«v• on'No FAX (909) 783-9171 nn JAN i3 AM iI- 44 TO: CITY OF SAN BERNADINO REPRESENTATIVES DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION FAX(909) 384-5080 PHONE (909) 384-5357 SUBJECT: NOTICE OF DEFAULT REPLY, POINTS OF CONFUSION, AND RESULTS OF THE 01/06/00 MEETING. Date: 01/07/00 BACKGROUND On January 05, 2000, Larry Colarossi Sr received, in the mail, the Notice of Default sent by the City of San Bemadino (City) regarding the Highland Street Scape Project (SBSS). After Anthony Co- larossi spoke with our lawyer(Mr Blake Hudson), Anthony found out that Mr Grubbs refuses to continue negotiations with Mr Hudson. Mr Hudson pointed out to me that a reply is needed for the notice and negotiations with the city must proceed. Thus, Tony spoke with Larry Sr, and on 01/06/00, Larry Sr telephoned Michael W Grubbs at about noon and wanted to know if we can talk about the notice of default. Mr Grubbs and Larry set up a meeting at 15:30 at the Development Services De- partment. This letter contains the reply requested by the Notice of Default and acknowledged by Ray Casey, at the 01/06/00 meeting between the City and Colarossi Construction. Also contained in this reply is the following: 1. Points of Confusion Identified in the Notice of Default 2. Results of the 01/06/00 Meeting between the City and CC Page I POINTS OF CONFUSION FOUND ON THE NOTICE OF DFTNGINQERNOr r, In paragraph one, the City states that CC has appeared to have abanaong the project• Colarossi Construction has stated time and time again to the City that we are not abandoning this project. We believe this is due to the fact that CC asked the City to delete the entire contract because CC believes the city has grossly breached the contract, and we have other projects occurring at this time. This company, CC, is experiencing costly delays on both jobs they are performing work on. These delays were unnecessary if the City would have deleted the contract between CC and the City. In paragraph two, the city states that CC "has failed to execute the work in a manner and at such locations as specified". What does this "execute the work in a manner" mean CC does not understand the Cities wording here. Furthermore, the City requested that CC concentrate its efforts between E and Sierra Ave, which CC did. Why is the City accusing CC of this? If CC misunderstands, would you please explain your wording! Why does the City continue this confusion? Also in paragraph two, the City states that "CC failed to maintain a work program which will ensure the Agency's interest". CC has schedules from before and after T&M, but these schedules were overran by disruptions and unforeseen conditions. CC obtains detail daily reports (starting on Sep- tember 03, 1999 and written by Anthony Colarossi (who is a Civil Engineer pending exam results from the State of California) when the Irst unforeseen condition arose. CC actually video taped trenching operations on September 03 and identified the unforeseen condition. In paragraph three, the city states that "Changed Conditions" exists and unforeseen concrete& thick asphalt pavement affecting Bid Item No. 8 exists. At the 01/06/00 meeting and several times in the past, CC identified that unforeseen conditions (not unforeseen work) fall under the category of additional work and not extra work. Ray and Michael refused to identify in any specifications where they have the right to call this extra work and not additional. This is another reason why CC pointed out to Michael and Ray that Mr Hudson needs to be heard by the city and to stop refusing to negoti- ate with CC. Note, in the back of this report (See pages 7, 8, and 9), CC provided 3 papers identify- ing the extra work and additional work definitions. Another disturbing issue was that CC believes the City tried to delete T&M from August 27, 1999 to November 17, 1999. The City inspector (Henry Wingson) met with Larry Sr. There meeting was about Henry showing the original contract to both Larry Sr and Anthony Colarossi and pointing out to the Trench and Backfill item. Henry identified this item as being between 20 and 40% (Anthony can not, at this time, recall the exact number Henry quoted) completed. Henry also asked if Larry Jr would sign for this, so a check can be issued very quickly. I asked Henry that we are suppose to be on Time& Materials and Item No.8 T&M started on September 03, 1999. Henry said that the office wanted a number for this because a check can be issued very quickly. Henry also said to Anthony, "If the City has to add up the T&M, then it might take two or more weeks to issue a check". This alone indicates that CC will dispute all signatures requested by the City. Page 2 On page 2 paragraph 1 or paragraph 4 of the entire notice of default, the city- that "It was agreed at the meetings that you (CC) would work toward de feet per day of trenching, backfilling and restoration of pavement". r IT Y� � � 0 At the meeting (01/06/00), CC provided Ray and Michael calendars for thLpo h, S t,n '[ Nov, and Dec of 1999 which identifies disruptions (an interruption to laborers that t ps eir��" rhythm I from developing) experienced by CC during the trench excavation on the SBSS project. These dis- ruptions ranged from CC removing time saving trenching equipment (due to damage and unsafe conditions from unforeseen objects) to water line breakage/and almost breakage (due to Water Dept not marking live lines). Accompanied with this report (See pages 10, 11, 12, and 13) is a copy of the disruption calendars. Note, these calendars do not contain all disruptions (small print area). There are more disruptions identified in the video and elsewhere. Restoration of pavement was never agreed upon at any meetings because Anthony recalled trying to address this issue at the Sept 29th meeting, but this meeting was cut short. After the October meeting with the City, Anthony still recalls that the issue about asphalt restoration was still not addressed (or it wasn't important). Since the city was informed that CC was cutting asphalt to 7-1/2" during early November, CC as- sumed that the City is happy with the work progress. At the 01/06 meeting, CC wamed Ray and Michael that another laborer placed on this project will probably result in an inefficient laborer and unnecessary cost to CC (who is found to be providing the total cost to this project without the needed help from the City). Note, we worked diligently towards a goal of over 400 linear feet per day at the start of this job. Due to the unforeseen conditions, disruptions, and CC's equipment abuse, the goal of 300 feet doesn't seem possible in a continuous manner, nor can CC guarantee this progress for obvious reasons related to the project. However, the 300 ft goal seems possible, between E and Arrowhead, because we started getting into normal 10" (about) thick asphalt cross sections West of Mt View. Never the less, CC does not guarantee anything in the future as we did in the past. Also in this paragraph, CC would feel more comfortable if the City would have written "we", meaning both CC and the City, "agreed to work towards a goal of 300 linear feet per day". it is obvious from the letter, that the City means that only CC agrees to work alone towards this goal. At this time, CC will identify a few costs that CC put forth to achieve this goal and experienced that they were unappreciated by the City: I. Remove trencher and purchase Bobcat Skidsteer(Early mid Sept) 2. Purchase mole for boring under subsurface storm drain channels 3. Purchase bobcat broom attachment (Saved well over 4 manhours/day) 4. 500* Skidsteer breaker rental (Early Dec) (On some days saved 7mh/day) At the meeting, CC identified that three items are required from both parties to achieve a successful project (based on Federal Government Procedure of Partnering (Army Corp of Eng), and they are: 1. Time 2. Effort 3. Money Page 3 It took the City till December 28, 1999 to provide the first check for work performed from Aug 27 to Sept 20, and the City had the nerve to place a condition on this check. Furthermore, material invoices were provided to the City in early November, but it took the City till December 28 to provide a check for irrigation supplies (not placed in the project) from M&M Boys. Note, the City was warned (Dec 09) that CC needs money to pay material cost for material actually placed on the job. No check (even though invoices have been sent to the City, and City acknowledged that they received the invoices) has been provided to CC as of January 07, 2000 for the invoices and itemized report provided in mid November. In the same paragraph, the city states CC's completion rate is only 67 linear feet per day. This value of 67 linear feet probably contains intersection crossings, several unforeseen conditions, asphalt saw cutting to a deeper depth, asphalt restoration, lot clean-up, and disruptions in the calcula- tion. But the most important factor affecting the above value was that trenching became much more difficult (please see disruption calendar for Nov and Dec) especially between Arrowhead and Sierra Ave on both sides of Highland This is the main reason for this low value. On page 2 paragraph 2 or paragraph 5 of the entire notice, the city states "slow rate" and "excessive costs to the City". Back in late September, CC warned the City that this old road maybe unfeasible and take an excessive length of time to complete. Recall CC asked to delete entire contract due to unforeseen conditions and "future delays". On page 2 paragraph 3 or paragraph 5 of the entire notice, the City states that CC is not following "proper local, state, and Federal procedures". This seems like another vague statement, and CC demands specific procedures not being followed. Also in this paragraph, the City states "we" (the city) "have yet to receive the documentation neces- sary to pay your company for work performed after September 20, 1999. During the meeting, Larry Jr stated that he did not have time to turn certified payroll to the City yet for labor work after Sep- tember 20, 1999. However, Larry Jr said that he is still waiting for checks prior to September 20th to be given to CC. All in all, Larry Jr said on 01/07/00 he will give labor payroll to his accountant. In the same paragraph, the city states that the city attempted to deliver checks covering work com- pleted for that period (Aug 27 to Sept 20) and materials on hand but not incorporated in the work. Note, these checks were actually a letter written by Michael Grubbs and signed by him with nobody else from the City receiving this letter. Due to the fact that several areas of disputes are not solved and still arising, we could not accept this check yet until CC is assured that we sign under protest and CC needs to understand what the che cks are specifically for. Note, the letter vaguely identified (no itemization occurring) the payments con- tained in the checks. Furthermore, if the checks were written between agreements with Larry Jr and Michael Grubbs, then this check and letter should have been provided to Larry Jr and not Larry Sr. 9From the meeting on 01/06/00, it sounded like Michael Grubbs and Larry Jr were the only two §dividuals that knew what these checks were all about. Since our lawyer is also being silenced by the Fity,Anthony Colarossi believes that Mr Hudson doesn't even know what these checks encompass. uz 2c -x W� N, M a� z 3c mt c Page 4 A REMEDIES FROM NOTICE On page 2 paragraph 4 or paragraph 7 of the entire notice, the city states that CC is "required to remedy the deficiencies in your performance indicated above within five days" and a City threat. After reading this notice, CC believes the notice identifies the following deficiencies: 1. Goal of completing 300 linear feet per day and Achieving only 67 2. Allocating Enough Manpower 3. Receiving the Documentation 4. Checks Delivered to Larry Sr For No. I above, the goal of completing 300 linear feet per day is still a goal to CC and seems achiev- able between E to D and D to Arrowhead; of coarse, CC can not guarantee any rate for this project. As identified in the majority of this report (notice reply) and in the calendar of disruptions, CC be- lieves that you can understand why we could not reach this goal at this time. We also hope the above information indicates to the City that the City should also try to do what they can to aide CC in achieving this goal. The City can do this by paying money owed (disputed and undisputed) to CC by the City. Note, this will not only provide company moral, it prevents thoughts of company bankruptcy, which can ultimately lead to labor disruptions. CC never made an agreement with the City stating that CC will provide all finances for this project. This is another problem the City placed on CC. For No. 2 above, allocating enough manpower was discussed at the meeting. Larry Jr indicated that he will try to provide another laborer on the SBSS project. Anthony Colarossi indicated that this laborer will probably be an inefficient laborer(unless disruptions are halted) for the majority of time on this project. CC noticed this during the September trenching when several times laborers were waiting for equipment progress. For No. 3 and No. 4, receiving the documentation, if the City representative negotiates with an individual from CC, then the negotiation should end with those two individuals (at minimum) in agreement. At the meeting, Michael Grubbs indicated that there is "miscommunications" occurring. After reading letters written by Michael Grubbs, CC (specifically Anthony Colarossi) doesn't understand the specif- ics. For example, in the Notice of Default, Mr Grubbs fails to identify what documents have not been received by the City yet. Another example is, at the meeting Mr Grubbs said that the payroll is not filled out correctly, but he does not identify what has been filled out incorrectly. Another example is the check and letter that he provided to Larry Sr. He should have provided this check and letter to 3lirry-Ir and at least itemize what the check is for Nis ulilikely the confusion will stop, and this is a good reason why CC requested more meetings tweeen the City and CC. However, the City noted at the 01/06/00 meeting that they didn't see the oinCin having these meetings. "buecto the unnecessary problems noted above, all monies owed to Colarossi Construction by the City oof S Bernadino will be disputed, unless a written agreement between the City and all members of �,CC hg's been signed. �T C Mt C a�' Page 5 RESULTS OF MEETING ON 01/06"WORK5/ENGINEERINC rITY " I . u -rQN- PniNO The meeting brought about the following: on AN i 3 AM ;1 4 4 1. The members identified some of the following disputes A. Rental Rates B. T&M Start Date C. Traffic Safety D. Pipe Laying E. Mobilization F. Labor(vague yet) G. Additional/Ewa Work The disputes are not limited to the above. Colarossi Construction has yet to receive payments for labor, which is highly desired because of the confusion of inspector identifying what they are paying for. I Disputed Payments The city is willing to pay checks even under protest. Ray Casey even said that we (the City and Colarossi Construction) will arbitrate the difference later. CC defined the checks than as partial payments. The remainder will be arbitrated later. 3. Undisputed Payments The city (Ray and Michael) indicated that they are willing to pay for undisputed payments. 4. We (the City & CC) will arbitrate the balance owed. CC asked this to Ray, and Ray said "yes, go ahead". Ray said the Cities "perception" will be paid. CC is to dispute the remainder. 5. CC asked for additional meetings because I (Anthony Colarossi) feel that we will still not be paid by the City because of vague reasons. Unfortunately, the Ray and Michael didn't see the purpose. All in all, CC will always demand for additional meetings because this is the place to solve problems. 6. Larry Sr (and Jr agreed) that if the City accepts JD backhoe, 6-7yd Dump Truck, and Bobcat Skidsteer Loader on CC rental rates and daily work (min), then CC will cancel dispute on Rental Rates and go ahead with Cal-Trans rental rates and hourly work for the other CC equipment that is being used. This is still vague and being researched at this time. Note, this is not agreed upon by CC partners and Mr Hudson, yet. 7. Mr Grubbs stated that a Baseline project was similar to the Highland project. g. Anthony stated, the Cities Extra Work forms are incomplete. A complete equipment list with nonoperator o t is provided in this report (See pagel4). Sincerely/JL o larossi Jr Page 6 — V'ooK SECTION 3 . 'ut CFIANOES IN WOE at I T ANGn i'fus adlastaseat sell be based u n the ,H R ST=D �Y T8E '"�aOdh and the Contnn Umris_ e n ase or decrease 1.1 Gowr&L Item,In the Case of each an saertase or decrease in a Mayor Bid stnction Ch mew 1p 'P°��hc methods of t��t this Buis for the adlustmem of payment will ro,ed in tmS by f ZW Contractor's request when i all limited st c Portion of Ne chan rwa ge.ge. which together wnh -hanges in the Plats W g� Percent of the total that item. is not in excess of 25 of such uem based on the original sag by the rl &toted in gwntiry and Contract Unit Price tk and whiehCa�� Opt' M'iiol de to ° e Work affect the It a change is ordered in ar. nem of work ;ocered b} v 9abirssertul to the Work or to rests t the Work, , trey. be grained by the f Contract Ustit Prat. irate the Work, w Hoard to I s ontrac al c and such change does inrolse weer hm OiProved in Wit s by the lhowm on the Change in the character of the work from that 1.2 Pay�aM aturtment i paymemeor inclu ed in the SPeafrcariorts. an tnetar. if apoh dt� Md � h tie I 2 2.3. made m accordassce with J- rctiscsion in Dort or a1 tie = tWY t9a11 be made Should ung herein shag be � u Coat to the Apmi payment will y Contract nem be deleted in its enures,n6tIsg:ntaor to dusty"aoti«1IMN of saehaa hm a right to the nolitkation of such only for actual costs incurred poor 10 CHANGES � deletion _rfMA Ate/ By Tn AGENCY. i those 42.2 Stlpa►ated Unit Prices. Stipulated unit prices are TU dficiatiom �brllt w tY use y Mi or quantity� p' I Con n from Contract Umt Pncesnsubmitt byenhe as ditu ded the total arNY�e11pda W y1w d� uty of swtk �_ tractor. Stipulated unit pnces may be used for the additive and tki&@ ft 6u 1111011 UOW 23�t� Jastment of Contract changes ran Price ShWAM 31100, the clsnsp 1W be eby° is � this chatsgq other than Priers 4dlustments in payments for anent between she Cemettor toed uppteraeatal be hose set forth in 3.2 2 1 and 3-2 2 2 will s agree to pt°eead v*b the dump by 1y' unless both If unable to reachgragreem between Contractor and Agency ran« pryer M h, ge Order. I Contractor to proceed one the the Agenry may direct the Of the �f and via List dollar, atsuoryttCa with JJ. buts of Extra Work to MrmeM+ed, t in � � °tea w pncm art 3-3 EXTRA WORK `G'io��:^�'3''.?•:,�r e _ De� sting acoeptaaa Ca°utctofr signat,>ne u3-3.1 General. New unforesten wo will be classified 2 Payeeat t><tra work9wheNthe npolinr r deterrruna that It is trot. tx.erod bpContract Unit Priceser stipulared unit prices, i 1.2.1 Ceaeraer QaR m N work MOWN Meta !f a t� a Ondlesed la 3-3.2 Paymeat.0e. and saach e don ark from �roe a akrA ssaal ebaw ut cherKter of Cattrgt C+taerLL When the Once for the extra work icamons, than Plus tx will d is she u°r71 base' ased�accumulation thegof costs alt pra� for the extra PeYmat will he made. 7 - L �CO JsAe 5 Chapter U Oi 4E-V� Change Orders _ "In a perfect construction world there would be no change orders" (Anonymous). Flash—there is no perfect construction world. What is a change order?A change order ie tion contract that a formal change to the constc- usuall rvy includes a change in work scope (usually an tnersaae; however, a decrease is also possible). With a change in work scope. there is usually an increase in coat(again, a decrease is possible). Also, with a change in scope, there can be a change in the time to perform the work. The RI9M to Matte Charlpea In virtually all contracts, the owner retains the prerogative of making changes to the work by the use of clauses, such as: 7be Director may, at any time during the progress of the work, authorize addi- time, deductions, or deviations from the work described in the specification, as herein set forth;and the contract shall not be vitiated or the surety released them. by. . . .Addition,, deductions, and deviation, may be authonmd as follows at the Director's option: 1. On the basis of unit prices specified. 2. On a lump sum basis. 3. On a time and material basis. I�rU>or, the contractormuxt accept this additional work as it is within the con- text of the contract.Although the terms -additional work'and"extra wpr)S'alp used synonymovaly, Mists is an importat[blegiil dietiri""ctio`nfEii(`i orli=trikolvear the raquiretnent for 'Coygr City 6ntirelyindeperidenVaf.,tb,d tltract=jn Aeb[ie..Ca7struerlon Coiitrnete Can doocn�extr&-Murk Ate', P elf,Laiu:(McGraw-Fail} ,96b�j IenryjAP�jp the re9uiredlabor Perfortrtati1 of work gnd the�irrijshing bCx# atid,maFanale outside end entirely independent of and tog( r�e°ewry to—oompteta.the:�ityrt or end entirely orjitjTia_ a in. ace,e:n8 the retiturementa of the cantrsct, *tot contemplated by the parties, and not mn- i Is _ t�lapesr pry �i.>° `��^N• l [V(",..Ir e- a'L^ eI r�r•^N,• r L *00@d by the contraW(p. 124. (C'tat'Ona: N.W 348,S.D., 1993; B ltanF. City Bridge Co. v. State, 25U lair v United States, 66 F Supp. 405,Ala., 1946.. Additional worA ie�the wok that can be imposed within the contract docu. =911211. It is a change or�gtaration to the plans or specifications for a number of reasons implicit in the original agreement. These reasons could include, but' are not limited to, omissions in the design documentsi'recognition of better emetbeddasorr 91sttanals to achieve the required effect, resolutions of problems 'S• v - of unforeeegrr (yadition_e not eat4cipated; and similar adjustments within the intent of the original contract. "- - z h Within the context of additional work change orderd, the owner may impose �^ chanpa to update the equipment, to recognize different functional require- zl` Merits, and to otherwise Improve upon the design. Changes of this nature Potentially be identified as extra work rather than additional work. As �L work above and beyond the contract, the k orders. con ctor may choose to refuse extra ,� However,generally speaking, the con racto� r will prefer to �y acwept both ad tionai work and extra work change orders if they do not obvi. l attaly lmpeds Progress in the field, and if they can be negotiated at an equi- table figure. In negotiating change orders, the principal focus is upon units of work involved and the cost per unit. Where change orders delete some contract work, replacing It with other work, the identification of the exact scope of the chmp order can be very difficult. Origin of Cheri"pryers AM Will be occasions where the contract does not suffice to cover either work conditions or the desired scope of work. Identification of these change condi- tions may emanate from the architect/engineer, field engineer at the job site (ttMAN48e0111 ante conditions), and/or the contractor. Ths question of whether a change order will result in a credit or payment to the contractor is a matter of interpretation of the plans and specifications. The field erwinser should exercise great care to avoid casual comment or agree- ment With Purported change items,and should research a change/requirement in the Plans and specifications to determine that it is not included in the con. tnetuRl scope—either partially or completely. Chan" orders are initiated through various methods. An RFI (request for Information) usually precedes a change order, or a bulletin can be issued r*qu@@UM a price from the contractor for proposed revisions. Sketches often aeoompany this bulletin. Direction can also be given verbally to make changes in the field. In addition, revised drawings can be issued. speemcagon for Chang" Tba basis (i.e., authority and process) for making changes to the contract is usually in the general conditions portion of the specifications. Many large organisations have standard general conditions clauses. These are developed September, 1999 San Bernadino Street Scape {4649; Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 T&B 1)12" Asp (7.Shr) 2) Aban Gas Lines (0.5hr) 3)Truck Haul (L5hr) 5 B 7 8 9 10 11 T&B (int) OT&B (int) Holiday OSubsur(ace 24" (1.5hr) Sick Sick Cone (7hr) 2)Subsurface Cone (7hr) 12 13 T&B 14T&B (int) 15 I6 17 18 1)12°Asp OSubsurface T&B T&B City Says C7hr) Cone (7hr) 012-hard asp OSubsurface Day Orr 2) 24-Depth 2) Hole S/D (6hr) 1) Dens fail Soil Testing CL5hr) (.5hr) 2) POO discus cone (5hr) & test C2hr) 00136 & 3) Trencher 3)Addendun (0.5hr) 2)Asp (2.5hr) 2) City Day D1557 tests Broke C.5hr) discuss 3)Truck Haul 3)PCO discus Off (Bhr) 4)Haul (1.5hr) (.5hr) (1.5hr) insp (.5hr) (Bhr) 19 20 Soil Testing 21 gsp Pave 23 24 2$ 2 1) Report Asp Pave Asp Pave f7 Redip & Enna Phone Graphing on Test£ill ORecompact I>Redip & Recoapact Call Schedules (4hr) & Redip (4hr) Recoapact (4hr) IMA (.5hr) Pro Report O Intersect 2)Final lab 2)Place Aso (4hr) 2) Place Asp 27PCO 1) Hritting test data data (4hr) 2) Pa a (4hr) 2) Straight(4hr) report prep C8hr) 3)City sends (7.5hr) Shots (4hr) Stop Notice 26 27 28 TRY 30 t�y Meeting City req T&M Invoices Fora Develop City Meeting uest T&M ONegotiation O Negotiation (0.5 hr) 1) Rental Proceedings Meeting Everyone Data Calls (2hr) (2hr) gone in e & Research hurry ?? (1.5h r) Cno direct) Disruptions a ays Syr uv va , �N1tf33N1�N3iS�,aoM��1e�d to October, 1999 San Bernadino Street Scape (4649 'un ay Monday Tuesday Wednesday I IDUPsuay triday Saturd5,, 1 2 3 1 6 :,w#_r u J)eptp 7Stop Work $Letter to Main Ta N0 inspect City discuss 1>ICle oa p 2)Contact 029th meet Lawyer 2) No inspect (f/2hr) mad at debry 3)Steve Enna 3)Enna no ) UTI warn (8.5hr) letter being return calls at Lupo were not at. 4)Enna lie (1/2hr) work )Enna l 10 11 12 13 14 15 16 17 18 1 20 21 22 23 Meet with u Lawyer 0 r Do Lawyer had to arrange this meeting. (2.5hr) 24 Casey Letter 6Hudson 27 Fax to 28 29 To - 'a Letter Casey Sierra Meet Invoice Fax I) Michael I)Reply to DMe, Larry 2)Please City Grubbs Contract Sr b Jr reply Letter Time met with request. 6 S/G 24" Statement Henry (2.Ohr) condition. sent IO-26 Insppector (Ihr) to us (1hr) (1hr) 31 Disruptions/NUUPL r JNIU3N1`JN31 S M tlO 311EInd December, 1999 San Bernadino Street Scape (464. 9 ', Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 3 T q T ✓f 6 Bobs 1) IB" Aspi 1) Bobcat T d B Con. C7hrs) Breaker 1) t9-2f" Asp/ 2) Lawyer 6 (Saved Shrs) Cone (7hrs) Archives 2) 19' Asp/' Discussion Cone (2.Shrs (1/2hr) 3) Mind (f/2hr) 5 6 T & B 7 8 9 1q 11 1) S manhole T d B T & B T d 6 Asp/conc I) (5.5hr) U Hrd Asp 0 9-asp/ 1) No 2) S/G (2hrs) 6-conc (thr) ) (1hr)(thr) Abandon direction 2 collapse 2) Native 2) City shut (2hrs) 5tee1/Conn (1.5hr) soil loss haul us down 3) Hard Asp 2) IS" Amp Structure (Ihr) (4hrs) (4hrs) (1/2hr) (4hrs) 3)S/D (fhr) 12 13( � B (int) 14r a B (int) 15 Toe 16 18 O Rob burn U Unmarked U15" Hard TdB 17Asp Pave 2) Asp/Coot/ 24° Live Asp (bobcat 1)Hard Asp UCold Patch dirt/cone Nater line breaker use) (4hrs) discuss C3hrs) (f.5hr) (6.Ohr) 2)Nepotiation (1/2hr) 3)Valve 2) Train 2)SchBO nips discussion 2)Lot owner discusion Tracks (1.0) my (ault inspector wad so Lso to (1/2hr) 3)S/D (thr) (1.5hr) (1/2hr) clean up (7.5hr) 19 20 21 22 23 24 25 26 27 2 29 3 31 lsruptions Delays S7 1! 4G £( NVr vu Otiiva, OHIb33NlONg/s�a3JU 110 DAILY EQUIPMENT FORM TIME & MATERIAL WORK OF_ Date: Project: San Bernadino Streetscape (Highland E to Waterman) (Job No. 4649) Change Order: Trench & Backrill Contractor: Colarossi Construction QUIPMENT MODEL # OPERATOR COST HOURS (HOURLY RATE) 36" Delineators 28"Traffic Cones $0.25 ea/hr Li ted Arrow Board DICO $0.25 ea/hr T I Barricades and/or Traffic Si Stands 10'60 Dum Truck Inl 6_ 0.38 ea/hr Backhce JD 410 25.00 tank 38.01 Water Truck 2k lat 51900 $30.00 Wacker Com ctor BS62Y Wacker Compactor BS52Y 9.00 kidsteer Traci wRruc 751 Bobcat $9.00 Bobcat Sweeper Attachmem B $19.00 obcat w/buck $12.50 t r er ttac em Air ompressor ul Air r $14.00 er r 60#Hand Breaker Sul it $4.50 Air Hoses 1" $1.00 Moil& Chisel Points $0.75 Powder Puff Kammer WARD 19575 $3.40 Mole Au r Vermeer 20.00 Mole Hoses Vermeer 3/4" Concrete Hand Saa 16" Concrete Blade $6.00 20" halt/Concrete Saw Series $20.00 MK-20 Sees $15.00 6" Green Blade 20" Blade $15.00 4fl Ditch Witch Trencher 31.50 Di[ch Witch Hand Shovels Brooms, Band Auger $28.50 Com n Vehicle 98/FOrd/Rati er $0.40 ea/hr Com V Vehicle 97/Ford/F150 $9.00 Comparw Vehicle 4x4 $10.00 Vehi 89/Ford/Ran er $7.50 Com m cle White 99/Ford/FI50 Tilt Trailer Lil Tex 1400# $ILOO Tilt Trailer AZ CAL 5000# $5.00 3 Ton Smooth Drum Roller 5.00 " CB-224B $17.00 ***RENTAL RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE*** Submitted by: Anthony Colarossi Approved by: 9H1833M19N3%S " S JO A113 1f80M 3I18nd COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Lic.# 273713 7600 Reche Canyon Rd. f�J^U{I5 l5 Z LS ILI l I� Colton, Ca. 92324 _ JAN 1, 2000 ne # (909) 783-1823 Fax # (909) 783-9171 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES Roo 0 DEPARTMENT �( S �P� Ja I3 g 8N5 To: AA Al 0 u p A, C ASE , p. ,E ?Cr oL)2 4c,19"ph00C CoA1ver5- o,J o f JAu QA ltd t ► - a4 o o /;V3- , �e4 A rd - R r"r-A OF Co,v�rA c f o,J I-1 r q h 1A AJ4 4rITI!5-h ScA Q SO g y ou 4 A k+ M C Cry 6 6 s w ; I [ FAX M C A 94-A4M4 X)-1L h, w -If ( P A cA p0 SCP • c' 9 AO D FQ r 40w Much Uj NEUG (ZCC16U1✓ 10 ov }�#erJ� iorJ +0 + h ; ,S- MA44& e rg---So Iv E D A)0t .) , P/e+1rc re3Pc)N4 G3 Fc� n A �- ��-a000 or z w ; /l co,va/vdd 4-4A4 Ntanber of Including This One: +h6' Q.i7 Df SA,0 S Id g rcAj (?OA) 4 rAc.T AAA i /J! /.Arr� COLAROSSI CONSTRUCTION GENERAL, ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Uc.# 273713 7600 Roche Canyon Rd. C Phone # (909) 793-1923 a Fax 3# (909) 783-9171 To: !►Ile /[ A� IVO J Pe A PJ�pS� Alsa /l9o4 6- A4' tV,5 �A9 6 4of M Gr u 88S o 0,-f /tos�l DA46D oG{ Al - q'q S-i --s4A4ux wt W 11 pa(1icvj $ kE MAYE,-riA,G /9.414 Ex/�ec4 7/e �1n�6 A respoNY& 13�j O C-I 3R'O 'u [ CA -:': CoucItj D6 A f Caw 4rfl c4 ! / Nwnber of Pages Including This One: C vlA rDss 1 J Cookuetlw Le�alriu �� COI *0 COI RI Pltoes(909)71 1823 ) CA 97321 Fu(909) 783-4171 Date: : Due: To Requested BY M�aetU is /- 19 ' aooa hOW( 9) 94-535a��t Aa..(909)3i{-5357 FR(909)381-5080 Plan No. 9645 -. Special Provisions No 9845 REQUEST FOR MFORMMION Dlnettoa not Wm in contract doctttnenu Conflict in Contract Requirtnenls "'Wpobdm OfMMacttegtuttiteeota C 8 e in utNencrJprocedure R$F DRAWpMS: REF SPECS: RBQ7RET. ID S s > ,[ 4- D s s S 7 O RESPONSE Lo.•r„ Cep s:�zs;, Sr. A..wW Sjr. tt lary�cW t1a� Date: U L WG C 1 NqI uu 0Nwd ,Najc N . , nu A110 )NIM33NION3/SHMOM 0I18nd me EQUIPMENT FORM ► 1 � ' • MATERUL , • Date: • Order:Project: San Bernadino SbvcWape(Highland E to Waterman) (Job No. 4649) Champ QUIPNHNT MODEL OPERATOR URLY 5 011hr - ra.. 1• . .. I 61 Tnxk 1. •,.,. =E8�1�� •• 11 n 1 � m •11 111 BS62Y $900 11 �ff7 Ng Air��-E4k �.r 1 r"!. t"'1"iss•1l fry- � ' 11 �E.d11� 600 � $450 Air Hom 1 •1 saw 16"Coocrcw S6.00 AV 20.00 Made 1500 Ditch Wftb $28.50 MT t. '_. �. . •S10.00 0 4 89 1 1 IF 11 **hRENTAL RATES ARE 1 SUBJECT • CHANGE WITHOUT , SubmitW by - Sr—Je Approved by Arithorry . . a 6 Colarossi Construction lic 0 742287 7600 Rerhe Canyon Road Colton,CA 92324 Phone(909)783-1823 Fax(909) 783-9171 Facsimile Transmbsion Date: January 12, 2000 To: Mr Raymond Casey or Mr Miahad Grubbs City of Sao Bemadino Development Services Department 300 North D Strew Phone(909)384-5357 San Bemadioo,CA 92418-0001 Fax(909)384-5080 From: Anthony Cohtroai Subject: Notice of Default Reply 7bt2l number of pages(including this cover eh : 15 -41 f's C -.vej d ro- C� Qo�osS .GI f oo n CaAROSSI •O a -•r 1 , • / , • • 1 • . • MATERIAL , • 1 • r1 to Wxterman) (Job No.4649) • J • 1 O"E TOR COST PER 346' CM/CALDIANS 10 X'g .38 Sep is 11 . Zk tank 1� 1 rr bx S1900 •�•.� "new m._ i 2 314, ` eat•`• ' S1 11 Hand Ditch WAh S28' ._•.._.a 4 130 S10.0D 1 !• ~ rr, 11 r J 1 RENTAL RATES 1 I WrMOUT NOTICE", 1 • . • . 1 . • .1 1 1 ONlativr4d3a tivs '0 'kilo r SECTION 9 ' MEASUREMENT AND PAYME4 (1) The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer m advance, (2) The State will pay the costs of loading and unloading} -- equipment. (3) The cost of transporting equipment in low bed trailers not exceed the hour haulers. ly rates charged by establish (4) The rental periEd'shall begin at the time the equipment unloaded at the site of the extra work shall include each day that the equipment is at the site o the extra work, ez- eluding Saturdays, Sundays, and legs] holidays unless the equipment is used i perform the extra work on those daYS, and shall terminate at the end of the day on whin the Engineer directs the Contractor to of the equipment The ran discontinue the use tal time to be paid per day win be in accordance with the following: Horns Equipment is in Opa+stian Hours to be paid 00............................._..—_.............. *5 1._..._.................__..._..... ._....._.................... 4.5 4.25 e 1.5 ............................_. , 22 ............................................................_.......... 54.75 3.5 .....................».....-........................._....._...... 5'W ........_.............._.......... 3.5 __._.........._. ................................... 5.5 3. 44 ........_................._.._. ...._........__........... 65'76 .6 ................._......._............._...............__...... 6.5 3 b.5 ............................ 6.5 _ ..............................._.._.... 6.75 3. 6.5 .._..............................._...................__........ 7.25 7 Y 7 ......_........._......._.... 7.6 ....................._. ...................._.................. 7.5 a ` ......__ ............._..._........... 7.75 Over 8......_ ................._....................... hours in The hours to be paid for operations than 8 hours due to breakdowns Ch 11 not operated e 8 leas the number of hours the equipment is inoperative due tb breakdowns, th When hourly rates are listed less than 30 minutes of o� eration shall be considered to be 0.5-hour of operation. When daily rates are listed payment for 0.5-day will made if the equipment is not used. If the equipment used,payment will be made for one day. The minimum rental time to be paid for the entire ran period on an hourly basis shall not be less than 8 hours o if on a daily basis shall not be less than one day. (5) Should the Contractor desire the return of the equipmen I o • b, � � III •: °Z z� ~o h • Q r o • L y < r h = C � ` � ••J Q m 1 O • 1 3 u u ' o U o I Iy < Y ddd V N < V IA kw, q lo V G • to V i U W Lf m a V a V U ¢ n f w r o �' ti J \ C 1 o m C o a Q �J °` i t`. O p r r 6 6 e h u S • .+ 2 } [0 0 • s •Li Y fV 3 01 f a .. Y 09 ` s �, o w z u Z Z W U o ■ 0 L = > < F „ r a d t O .1 W J C� Z �` W zw O z �T it ga a ° u L FJ F or- hi Y � U F $ C W 3 G i= ` U u 3ECTI0119 —�- . MEASUREMENT AND ental and lab as or will added the markups for e formed by Contractorr..'ovided in Section 9-1.03A, h Shall con oraat)o the Dump Rental.—Dump tru r 303A(36), `Equi ment not Equipment on the0Woi3' P on the Work,"except as folio in the ly maintained and operated rental dump tru basis wilhe ance of extra work paid for on a force Contractor for puse of full the same hourly rate pai, dump trucks in perfo Y maintained and operate In the absence rmIng contract item work. rental, the En °f contract item work reqq gineer will establish an hour]u'rin tdun shall provide the En rental rt Paid. The Contractor plete information on the hourly rental rates rental of fully tenser wi Y maintained and operated dum avails aPqThe provisions in Section 9-1.03A(1), "Labor,k to operators of rented dump trucks. The rental rates listed for dump trucks in the Depa Of Equipment t Ren I Ra ca on not a ed Labor Surcharl Equipment p j To the total of the rental costs f pIY- operated dump trucks, including labor thleremaintaine markup of 15 percent. An additional markuil be a� wilI be added by reason of Perf°rmance of the work by contractor. No se P of 5 p. ii Parate markup will be made for labor. E9�hment+shahs of Section 9-1.03A(3c), "poeT-ppe 9-1.03B shall not apply to dump truck rentals. Work Performed b m n SeM�B•—When the. Y Special Force c4 determine that a special Engineer and the Contractor O byes e Performed byy the forces of the Con r an Item of k ca Contractor's subcontrac extra wor Performed b tors, that service tractor or those of any o; y a specialist. Invoices for or extra work item me work on the basis of the current ices the se without complete itemization ntlabor, rvice or item of e costs when it ' Price thereof may be acce, lished 's 'mprecUcable and not nterial, and equipment re rtemizationt1Ce of the special service industry man accord to provide nth the es In those instances wherein a comp tra or k necessitating ion Contractor is required to machine gsf- ri g Perform that on of tha extra ll oak ay fr mmed in a the - t, be accepted as a s Pict bi the facility ma To the s ecialist invoice specialist billing, Y, cash or trade discount offered price, less a credit to the count may have available, whether 0,State for a Percent been taken, will be added 15 not the d tractor" ees provided in Section 9-1.03A,be added ppercent in Work Performed by Cc 9-1.03C Records.— The Contractor shall maintain records (9-10) 41 s sc ru "�S :V;z4" s �q°a4yF l •-' -- � - - rffiuch UREMENTANDPAYMENT SECITON a manner as to provide a clear distinction between the dire i costs of extra work paid for on a force account basis and the costs other operations. From the above records, the Contractor shall furnish the completed daily extra work reports, either on forms furnish. Department or on computerized e acceptable to the Engineetr,or each ay s extra work to o be Paid for a force account basis. The daily extra work reports shall itemize th materials used, and shall cover the direct cost of labor and th charges for equipment rental, whether furnished by the Contractor subcontr tor, or other forces, except for charges described in Section 9-1.03B,Vork Performed by Special Forces or Other Special Ser vices.' The daily extra work reports shall provide names or identifi. cations and classifications of workers, the hour]y rate of pa and hours worked, and also the size, type and identification number of equipment, and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices. The invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subseqquent daily extra work reports. Should the vendor's invoices not be strbutib red YthaffzT days acceptance the date of delivery of the material or 15 days the Department Ptance of the contract, whichever occurs 11V p rtment reserves the right to establish the cost of the als at the lowest current wholesale prices at which those materials were availabie in the quantities concerned delivered to the location work less any discounts as provided in Section 9-1. to Daily extra work reports shall be signed by the Contractor or the Contractor's authorized representative. _- The Engineer will compare the Engineer's records with the com- plated daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are .greed upon and signed by both parties, the reports shall became the basis of payment for the work performed, but shall not preclude sub- sequentadjustment based on a ]ate,audit by the Department. The Contractors cost records pertaining to work i account basis shall be open to inspection or audit b of the Deppa Paid fore a force not less th rtment, during the life of the contract and for a period of an 3 years after the date of acceptance thereof. and the those records for or materials orllabo�s based on the cost that to'forces other than the Contractor, the Contractor shall make eve •ort to ensure that the cost records of those other forces will be open to in- ry reasonable effort to spection and audit by representatives of the Department on the same terms and conditions as the cost records of the Contractor. If an audit ' is to be commenced more than 60 days after the acceptance date of the - _ contract, the Contractor will be given a reasonable notice of the time when the audit is to begin. 8-1.03D Payment._ Payment Work Performed by Contract " a d provided in Sections 9-1.03 `�t.SPecia] Forces or Other S and 9-1.03B "Work Performed bA, . ; pensation to the Contractorcfor Sernces," shall constitute full com - force account basis and no additiio al compensation be allowed therefor. The a Paid for on a p yment will be made in accordance with the provisions i r M 3� TRr 7TI SM I 33I ON REI-C :T JAN-12-00 17:41 ID:9093845155 CSB PUBLIC WORKS DIVISION -7 C:)E3 ""ME3ER 687 I NF OR MAT I C3 r4 C[7 OE OK TELEPHONE NUMBER 97839171 NAMECSD NUMBER) 8016349409 START TIME JAN-12-00 17:37 PAGES TRANSMITTED 003 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 03 .54 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 CITY OF SAN BERNARDINO Development Services Department aim p - 300 No Rh ^D"Strpcp S Bar�urd/no. Cn(jforn/Q 924JB Phone: (909) 389-SJIJ � F (90D) 384-SJSS F�yAX�TI2ANSMITTAi. SFZEET ,ro: FROM: MIKE G7��b65' sxmH ymC--r: � ASS �'T/w�/tTtc •#��� REMA iz u$: Your message hare._. Colarossi Construction UC a 742283 7600 Roche Canyon Road Colton, CA 92324 091RUND Phone(909)783-1823 Fax(909)783-9171 JAN 12 - vu CnY OF UN Facsimile Transmission D��E�vicESo Date: January 12, 2000 To City of San Bernadino Developmear Services Department 300 North D Street Phone(909)384-5357 San Bemadino, CA 92418-OMI Fax(909) 384-5080 From: Anthony Colarossi Subject: Dispute Letter No.1 and Grubbs failed response. Total namber of pages(indading this cover sheet): S Colarossi Construction Lie K 742293 7600 Roche Canyon Road Iunuj L5 1J D Colton, CA 92324 JAN 11 a cz Phone(909) 783-1823 crry OF 0 EVa 0 SAN BERNARDINO _ - — — Fax(909) 783-9171 EPARTMENTvecEs Date: January 11, 2000 _ Drspare Lerner.: Me. 1 - - To: Mr. Raymond Casey Development Services Department Public Works Division Phone(909) 3845357 Fax (909)3845080 From: Anthony Colarossi Subject Disputes. 1) Time and Material Start Date on the San Bemadino Street Scape (SBSS)Project 2) Loaf Time Cost Response Dar Mr Casey Thank you for accepting my phone call yesterday and being so direct. This letter was written to identify Colarossi Construction's(CC) disappointment with the cities decision regarding T&M start date. Thus, CC will also claim for delays from Sept 03 to Sept 20. Also, CC is asking for a response from a letter sent to us from Mr Grubbs. He acknowledges that the City will provide a response on October 29th regarding "lost time cost". It is January 1 1, 2000, and CC is still waiting for this rc- Vonso. Time and Material Start Date Looking back at my reports dated between September 03 to September 22,1999, PCO's developed in late September, and elsewhere, I found the following information I Henry Wingsoa Verbal Change Order regarding NWM nmed udo Sidewalk 2 Henry Wwgwn vuW(addendum to plaas/chaz ge order)regarding 24'depth Sabawfacc Storm Drain 3 Notice of Change Order noquested(3"to to"Asphalt)verbally grveo to Huey Wingsoq w bo CC undmbads to be a City Inspector and to have sapem3m—t city as noted in the above verbal cMW enders that Henry initiated. (09/03/99) 4 Video tdmn Sept 03 identified late hours and changed conditioa/change order 7 Trencher being delayed by bH dchoe demolition(Sqa 03). 6 Dome truck trip twice instead of once(Sept 03) 7 3'of White Concrete disoavcrod at S.W.corm of D sueet into sccum. 8 Hoary Wlagaoa verbal cbaage orris regarding 24'trench depth(Sept 08) 9 Deity Details report note that Anthony can not even find time to purchase batten for video tape . . reootde,which brttay is not tabag a good charge. 10 A*,cd tarry Jr for Addendom/s to the Hans tarry said They didn't have any I l TteocAer aaafc operating COmltlOnS. 12 Steve Enna who insisted the plats are very good and inspectors verbal changes are proper(which contradict[ach other(plans anil Vertada)), finally shows up to the site. 13 City tot Rap riding and in a timely manner to Larry's Messages for problems occurring on this job. 14 Unsafe worts conditions due to treaeher bralydown Need Bobcat. Quality of work declining. 15 Jug like CC asking Henry for work on paying us.Henry not saying anything about a change order. 16 City engixa of showing up to job site even though inspectors and all CC partners know about pace red Oared future problems. (09 115199) 17 Revew�of CM cores indicates 3 to 4'of asphalt away from centerline. Informed inspector(name tat identified)but umpecwr didn't my anything mdut. 18 "Job u taking a toll on me and my b then." (09/15/99) 19 7 to 8'of high strength concrete at Pershing intersection. 20 Inspector notified again that we an having problems. Inspectors response is mostly a smile and a comment about something=IcvmL Thu rands like the new,inspector,Bob Butler. 21 After Pershing Ave,Backboe asphalt demo R native excavate rate about SOnl3hr= 17B/hr. (09116/ 99)_ No drastic change in asphalt tlric+c -s noted nor canasta noted. (Possible,asphalO?strength chow) 22 Larry Jr said that Steve Enna informed him not to work tomorrow(09-17.99)Tony obtains info an Steve Erma from Larry Jr and Bob Bottler. Steve doesn't bave authority to tell us to take a day off. At about this time,I had a phone conversmum with Steve Enna and Steve says he didn't say to take a day off. Who ever was sitting with Steve made a laughing sound when Steve said that he doesn't read all his inspector's reports.especially the days that Tony was referring shout 23 Bob Butler(City Inspector)hands Larry Jr estimate of Rock Saw,which was prepared by Mr Steve Erna. Estimate was given on 09/21/99.lam Jr spoke with Mr Enna several days prior to this aatunw- 24 Lang Jr is not responding to the estimate very well. in fact,Anthony is laving a difficult time speaking with Larry Jr at this time. At the end of the tray,I noted that).arty Jr definitely need time away from doling with this job and the main nose,Steve Enna (0921199) 25 Larry Sr negotiating with Steve Erna and Bob Butler.Larry Jr is not around (0922/99) I am going to stop here with the information gathered because you have enough information to agree with the following. The City initiated verbal change orders that CC disputed. These City verbal change orders disgusted Anthony Colarossi because the City persisted on them and the City knows that we are having prob- lems on this job and CC has a job in near future(middle of October major start date),which needs crew and equipment on the SBSS project_ CC gave notice to the inspector which Henry stated he would take care of this. When inspector started saying nothing about progress and Steve Enna not making progress with negotiations with Larry Jr and ultimately Larry Sr (regarding change orders), CC began demanding action taken As you can see Ray, it was the City who began the confusion and, when Steve Enna started arriving on site, shifted to a higher confusion gear until the City finally agreed to schedule a meeting with CC. If this was insisted at the beginning of the job (or at least a City Engineer shows up to the job site during initial construction), all this confusion and delay up to the 29th of September could have been avoided. Thus, CC is extremely disappointed with the Cities decision that TBtM started on Sept 20 when it is ----- �I (WVST PAGE 04 obvious that delays and confusion was initiated and progressed by the City representatives Let it be known that Colarossi Construction disputes the Cities decision on T&M start date of Sept 20. Colaroasi Construction only agrees that T&M starts on September 03, 1999 Furthermore, Co- larossi Construction infomu the City at this point that delay claims during the period of September 03, 1999 to September 20, 1999 will be pursued by CC because CC was under the impression that T&M started on Sept 03. Mr Casey, I would like to know if the City would provide CC with reasons that the City decided to begin Time and Materials on September 20, 1999. Mr Grubbs Fails to acknowledge "lost time cost" response Here is the main reason, Anthony Colarossi (Civil Engineer pending exam results) believes, that it takes 4 months for CC and City to understand what is going on. As shown on the next page, Mr Grubbs sent a letter to CC and stated that he will provide a response to the "lost time cost". Mr Grubbs (as of 01/11100)has yet to provide this response to CC. Is it possible that Mr Grubbs would write a letter to CC providing a response and reasons for his response. Thank you for your time: �l Ant ny Colarossi __. --- --- -. 8888_., ux.rcua5i u.rol PAGE 05 Cyr . p. %r5an 15ernardino •..s4e•9••, .....9.. ... ..,..:, U 1 41 ■ • 11 ► R . N • • e • , sees • • �R 7 19� Aaad C•IM11. Subject: WN"M Of Street Trees along 1101and Avenue from 'E' Street to Waterman Avenue Ot11�911t Tt" y0Y 'A 1100 V t us on October 19. 1999, to resolve problems that have occurred 9WOM . We 1691 tlnll propnaa has been made toward resolving our of work and ot>rrtpensatlon for delay incurred due to changed N.1rf yotr Company WE reaurne work On Monday, November 1, 1999, and complete tealk N IhYY ernbw 1. 1999. 90#W our p•v9nwtt rehabllnation project can proceed in a YW WON 10 focus YOM ellbrts on the area behveen 'E' Street and Sierra Way R 90 t#a1MW AYMCft loam &M Coal'. W will review the material and rlllr � nbOMM —1Im. IN mllarrlala d9Bwred to 1169 ells, we he" not received any invoices from you lo/tee V=*ft you Mdkfbd have been dePvered Asa revue of the delay in receiving this r O VA be W40W b me &Ahcd= Payment by Thursday October 28" as agreed in the Muft '+�..�/. w have been advised by Our CD9G Specialist that certified payrolls wi:l 5e r VAW$W%I9YtibdenypmWeasp9yn'wda. N Y*U h"ee!'9Mfta ►"1111tg V* Metter, p169ae conhct tlta undersigned at(909)384-5'79 VOY� r� .yam J fee r..., ,....... . . .. , 894.6.96 , . 0 . . r . 8888 . 8888 BEM TR ?143M I 35I OH REPO /'r �3K 3.E JAN-10-00 11 : 16 ID:9093845155 CSB PUBLIC WORKS DIVISION JOB ""ME3 E12 r. I "FORMAT' I OH CODE OK TELEPHONE NUMBER 99819385 NAME( ID NUMBER) 9099819305 START TIME JAN-10-00 11 : 15__ PAGES TRANSMITTED 003 TRANSMISSION MODE EMMR RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 00 .59 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 CITY OF SAN BEIt1VA1ZDINO � J Deveiopmenc Service@ Department le7Lt C R �ypN 3Qp Norrh ^O^Areat Snn Bar+�ardtnn, Cul{/olni0 929/@ Phooa: (9�09j 389-Sfff � Fnz (9p9) 384-SISS FAX TRANSMITTAL SfIEET TO: �i'✓/(a/�f�- RjC'IL.L.y DATE: I� ta/pO FROM: H �Ir6 Gr..(Jg BS PAGES: SLIB.TECT_ C�6../4�i SS I S�KA 7iRo. —dv�t!f/ Q7-7 REM.IRKS: Your message � i | } \ } / ■ \ E8 E 8 a ) § : � ƒ $ m _ _ z \ ) ) � \ \ § � / j 2 ) ! \ \ k 2 { ) k ( / � }CL � �93 / \ � ' ® ` 9) ( & 2 ( � a. k ) � / e � § 2w { RRs § § ! ■ , sLU e ° at §� � ° \ ) ( 2k ) § ) \ ƒ R ) ) § � � � z § � � z � ) ) � 2 } / \ B � � E � ` o ` \ I [ > $ ) ) { _ ! §§ ` ) } } � � � ) � } E w ± ® � § § / § e !, 6 § § / >0 � � § a � � m r ' 00 ) \ t vER`°n°jti c an Bernardino DE V E LO A MENT SERVICES DEPARTMENT M 1 C H A E L E H A Y S D I R E O T 0 R Mr. Larry Colarossi, Jr. January 11, 2000 Colarossi Construction File No. 7.37-5040 1/ 7600 Reche Canyon Road Colton, CA 92324 Subject: Highland Street Tree Project - Progress Estimate No. 2 for period 8/27/99 to 9/20/99. Dear Mr. Colarossi, Jr.: Transmitted enclosed is a copy of Progress Estimate No. 2 in the amount of $7,011.00. for the subject project. This progress estimate is intended to compensate your company for work completed under Item 8, "Trenching, Backfilling and Restoration of AC Pavement" between the dates 8/27/99 to 9/20/99. We are unable to compensate your company for any work completed after September 20, 1999, because you have not submitted acceptable certified payroll records covering payroll periods after that date. We also need "Time and Material" reports in a form acceptable in order to pay for any "Extra Work" completed on the project. We have not received any "Time and Material" reports to date. Please return the signed progress estimate (do not FAX) at your earliest convenience but no later than Tuesday January 18, 2000. If you have any questions regarding this matter, please contact the undersigned at (909) /384-5179. Michael W. Grubbs Senior Civil Engineer cc: Hudson & Browning Attn: Mr. Blake A. Hudson, Attorney Ray Casey, City Engineer Henry Wingson, Construction Inspector enc. — Progress Estimate No. 2 3 0 0 N 0 R T N D S T R E E T . S (90 0) 3 5 5 - 5 3 5 1 • F A X : 3 0 4 . 5 0 .0 1 P U 8 L I C W O N KS FAX : 335 .5155 tgWARO�N C I T Y D c Bernardino ^oGND D IS Selo DEVELOPMENT 9EMVICES DEPARTMENT M 1 C H A E L E H A Y ! D I w l C r 0 w January 10, 2000 File No. 7.37-5040 Mr. Dwight Reilly Crosby Insurance Company P.O. Box 5017 Upland, CA 91785-5017 Subject: Colarossi Construction — Faithful Performance Bond No 5941977. Dear Mr. Reilly: Thank you for the FAX dated 1/5/2000 acknowledging receipt of our "Notice of Default" to the subject contractor regarding the Highland Avenue Street Tree Planting Project. As stated in our "Notice of Default' letter dated 1/3/2000, Colarossi Construction appears to have abandoned the project. Additionally we have been advised by M & M Boys, Inc. of Corona that Colarossi has directed them to return tree grates and irrigation supplies valued at approximately $44,000 and intended to be incorporated in the work. On December 28, 1999, City Staff attempted to deliver a joint check made out to Colarossi Construction and M & M Boys, Inc. in the amount of $38,978.72 which was intended to reimburse M & M Boys for the majority of the cost of the material. The check was refused by Colarossi Construction and the City is unable under our accounting regulations to pay M & M Boys, Inc. directly. M & M Boys has stated that, if they return the materials, they will incur a 25% restocking charge and freight costs for which they cannot be reimbursed. However, they cannot continue to hold the materials without compensation. We recommend that your company consider paying M & M Boys, Inc. to continue holding the materials. They have indicated they will store the materials as long as we wish if they can just get paid for the materials. You can contact Mike Pearlman of M & M Boys at (909) 371-1296. There are other serious concerns regarding this Default which need to be discussed. City Staff is available and willing to meet with you or your representatives at any time. We will be mailing copies of this letter to Gene Sawyer and Blake Hudson; however, Would You please FAX a copy to each of them so they will have immediate access to this information. (669) ] 66 p66 S ) . c A 156T66 E 6E0 a C 1 P M 8 L I C W 0 R K 8 D , CALIG 92 � IB � 0001 W PAZ : ae6 . sles ( If you have any questions regarding this matter, please contact the undersigned at (909) 384-5179. Very truly yours, Michael W. Grubbs Senior Civil Engineer cc: First National Insurance Company of America Attn. Gene Sawyer, Claims Hudson & Browning, Attn: Blake A. Hudson, Attorney Henry Empeno, Deputy City Attorney Ray Casey, City Engineer Henry Wingson, Public Works Inspector Ctty of San Bemardlno YII Kcs 6-2 / `'Z.S — Rapid Memo — ( '7. To: From: ze--V 7- .1/A6 EM. 5111 ' Public Works/Engineering Dept. Subject:��isc.rdr Srae� vn� /if.to<.rasS/ Date: >—zl- 60 Message: e IV Z7�--c Ze. , voTic� 7f/�r: �C CO N7lZAGTD.0 tVid.S sron'.oi ��Fv�c e s �/r wit/ ir- ��.'t!�s�c. ! /,t11 ?.✓y fi97lif/.Vc: <a � .11o.o rir /� — sF ��{ .y��i� /�F.y!!� , Signed: _- �����T Date: Response: Signed: ❑ No Reply Necessary ❑ Reply Requested EWR.,M (2.K) FIRST NATIONAL INSURANCE COMPANY OF AMERICA, SURETY DEPARTMENT P.O. BOX 34670 10915 WILLOWS RD BLDG F,FLOOR 3 TELEPHONE (425)3768820 SEATTLE, WA 98124-1670 REDMOND,WA 98052 FAX (425)376-8636 January 7, 2000 VIA FACSIMILE (909) 384.6156 n Mr. Michael Grubbs En Senior Civil Engineer City of San Bernardino IU 300 North "D"Street JAN ( G 2GGG -- San Bernardino, CA 92418-0001 CITY u� DEVEL02." oe . Re: Principal :Colarossi Construction Bond Number :5941977 Project :Streetscaping on Highland Ave. from"E"Street to Westminster Ave. Subject :Cure Notice Dear Mr. Grubbs, This acknowledges receipt of your January 3, 2000 letter, which we received on 2000. 1 am the Surety Claims representative responsible for this file. Please address all future correspondence intended for the Surety to my attention. The letter appears to be a cure notice to Colarossi Construction. We have been advised by the counsel for Colarossi, Blake Hudson, that he is attempting to coordinate a meeting between the parties in an attempt to resolve the parties' differences. As your letter appears to be a cure notice, it does not appear that the City is intending to make a performance claim at this time. Please let us know if there is any else that you need from the Surety at this time. No statement in this correspondence is intended as an admission of liability and this correspondence and all prior or subsequent communication is made with a full reservation of all rights and defenses that Safeco Insurance Company and its Principal have, or may have, under law, equity, and the terms and provisions of the bond and any pertinent contract documents. Since,ely. FIRST NATIONAL INSURANCE COMPANY OF AMERICA J/" ID' ` 0, By: Nicholas D. Hyslop f�)z Surety Claims Representative cc: Larry Colarossi, Sr., President Blake Hudson, Esq. (via facsimile (949) 852-9778) Colarossi Construction Hudson & Browning 7600 Reche Canyon Road 18952 MacArthur, Suite 430 Colton, CA 92324 Irvine, CA 92612 Dwight Reilly (via facsimile(909)981-9385) Crosby Insurance, Inc. P.O. Box 5017 Upland, CA 91785-5017 FAX CROSBY INSURANCE, INC. P.O. BOX 5017 UPLAND, CA 91785-5017 Date: JANUARY 5, 2000 Number of Pages incl cover: 1 To: CITY OF SAN BERNARDINO From: DWIGHT REILLY MICHAEL GRUBBS - SENIOR CIVIL ENGINEER Phone: 'f°5 } Yom! 'r3�r l Phone: 909-985-0345 Fax Phone: (909) 384-5080 Fax Phone: 909-981-9385 RE: COLAROSSI CONSTRUCTION-BOND #5941977, CONTRACT AMOUNT: $185,433 PROJECT: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET TO WESTMINISTER AVENUE. We are in receipt of your certified letter dated 1-3-00. By carbon copy your 1-3-00 letter has been forwarded to the following individuals: Gene Sawyer, Surety Claims C/O First National Insurance Company of America P.O. Box 34670 Seattle, WA 98124-1670 Blake A. Hudson C/O Hudson & Browning 18952 MacArthur, Suite 430 Irvine, CA 92612 Both Gene and Blake are aware of the ongoing situation in San Bernardino and you may expect to hear from either one or both of them shortly. If we may be of further assistance, please advise. cc: Gene Sawyer HIECIEDWIED Blake Hudson JAN - 5 20M CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT Jt NARD'N 1 0 5an Bernardino- 0 E V E L 0 P M E N T fEAV IC E OEA AR T ME NT M I C N A E L E . X A Y f . D I R E C T O R .- CERTIFIED MAIL January 3, 2009 File No. 7.37-5040 COlarOssi Construction 7600 Reche Canyon Road Colton, CA 92324 Attention: Mr. Larry Colarossi, Sr., President Subject: Highland Street Tree Planting Project per Plan No. 9845 — NOTICE OF DEFAULT Dear Mr. Colarossi: Our Construction Inspector, Henry Wingson, reported this morning, January 3, 2000 that you have moved all equipment off the subject job site and appear to have abandoned the project. Therefore, notice is hereby given that the City is declaring your company in default under Section 6-4 "Default by Contractor" of the Standard Specifications. This default is due to the fact that you have failed to "execute the work in a manner and at such Agency' as specified" and you have failed to "maintain a work program which will ensure the Agency's interest". In our meetings of September 29, 1999, and October 19, 1999, the City acknowledged that "Changed Conditions" exists, as provided under Section 3-4 of the Standard Specification, due to unforeseen concrete pavement and extra thick asphalt pavement affecting Bid Item No. 8. Therefore, it was agreed that Bid Item No. 8 would be deleted and you were directed to proceed with "Trenching, backfilling and restoration of asphalt concrete pavement" on a "Time and Materials" basis as provided under Section 3-3 "Extra Work" of the Standard Specifications. (9 0 E I aNf 0 RE f E) F -X g f I A E EEO f./ S A 0 R E R N A R 0 1 N 0. C A L I F 9 ) 4 I E D L I C N 0 K K f E A X : a 9 A.f i f f 0 0 0 t Highland Street Tree Pro .t - Notice of Default 01/03/2000 It was agreed at the meetings that you would work toward a goal of completing 300 linear feet per day of trenching, backfilling and restoration of pavement with an initial goal of completing all work in the street between "E" Street and Sierra Way by December 1, 1999, to allow our pavement rehabilitation project to commence. Our records, as of December 15, 1999, indicate that your completion rate is only 67 linear feet per day average since November 1, 199. It appears that your company was not allocating enough manpower so as to efficiently use the available equipment in a manner consistent with best construction management practice. This slow rate at which your company is progressing on the work is resulting in excessive costs to the City, causing unnecessary interference with access through the area, restricting access to adjacent properties and interfering with the orderly conduct of business along this very busy section of Highland Avenue. Your conduct of the work is clearly not in our best interest. It has caused and is continuing to cause significant damages to the City of San Bernardino. In addition, despite numerous discussions between Public Works Staff and Larry Colarossi, Sr. regarding the necessity to follow proper local, state and Federal procedures, we have yet to receive the documentation necessary to pay your company for work performed after September 20, 1999. We did receive the documentation required in order to pay you from August 27, 1999, through September 20, 1999. We attempted to deliver the checks covering work completed for that period and materials on hand but not incorporated in the work to Larry Colarossi, Sr. on December 28, 1999, however, Mr. Colarossi refused to accept the checks, indicating that he felt much more money is owed. This letter constitutes notice that the City is declaring your company in default under Section 6-4 of the Standard Specifications. Notice is hereby given that you are required to remedy the deficiencies in your performance indicated above within five (5) days of receipt of this notice. If these concerns are not remedied within five (5) days, or you fail to continue after starting to comply, then the City will exclude you from the premises and take possession of all materials and equipment. If you fail to comply, the City will turn to your Surety to complete the work. Any cost incurred by the City in the completion of the work will be charged against your company or your Surety. By copy of this letter (Certified Mail), we are providing notice to your Surety of the City's intent to declare Colarossi Construction in default on the subject project. We are asking that the Surety either require you to correct the deficiencies in your performance, or assume all responsibility for prompt and orderly completion of the work Highland Street Tree Pro"—: - Notice of Default T 01/03/2000 Please note that your must respond to this letter within five days of receipt thereof. If you have any questions, please call me at (909) 384-5179. Very truly yours, Michael W. Grubbs Senior Civil Engineer cc: Crosby Insurance, Inc Attu Mr. Dwight Reilly (Re: Performance Bond No. 5941977) Henry Empeno, Deputy City Attorney Blake Hudson, Attorney for Colarossi Construction Ray Casey, City Engineer _t also wish to receNe Nre . _ ^ 1oAo mg services(tor an eiNa.fee) `—I SENDER: or+<r O Rasttwtad pBl'rv0ry.. 2 ro va uu+x. ^a mu+e.rxxmero^^°0 wr oem+� 'Co_–'k star.tee, o . roc.me brm ro mx xvx xd xe my Maxa - r�SU Po x me Rwum ram we erw e,.4vn me erne.wn exrnw.4_. .. 4a.AnccW Number - w o l 3.Areda Amrexxed•b;. -.. .,.- _.._ P 967 763_62$ ->� Z'W= r Y _ 4b.Service T, Pe {( tip pA:` a ri X Fd CERTIFIED w 7 11ap1 s x 7.Date of W'"a i JAN , °al B.Addressees Address �I –5.Received 8y.fPlk'i Neme) z a I ; S.Signature'( _ .: @@y X sttc Retum Receipt ' . 4 £ 1,Oecet aUer��4 PS FORM 38 roe ars ice Receipt for a ri Certified Mail o � f O PS FORM 3800 RECE7T FOR CERTIFIED MAIL I .- -JERNAR - � z an Bernardino OE VET 0 RME NT SERVICE ! 0 1 F AATM ENT M 1 C N A E L E N A Y S > I N E C T O A December 28, 1999 File No. 7.37-5040 Mr. Larry Colarossi, Sr. Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Subject: Highland Street Tree Project - Progress Payment No. 1 for period 8/27/99 to 9/20/99 and Payment for Materials held by M & M Boys. Dear Mr. Colarossi, Sr.: We are hereby transmitting the following checks to you: 1. Check No. 56528 in the amount of $10,170.00 made out to Colarossi Construction for work eligible for payment on the Highland Street Tree project between 8/27/99 and 9/20/99. 2. Joint check No. 56561 in the amount of$38,978.72 made out to Colarossi Construction and M & M Boys, Inc. for tree grates and irrigation materials presently stored at the yards of M & M Boys, Inc. These checks will be released to you on the condition that you immediately endorse the joint check no. 56561 and give it to M & M Boys, Inc. If you are unwilling to agree to this condition, then neither check will be released to you. If you have any questions regarding this matter, please contact the undersigned at (909) 384-5179. Michael �bs Senior Civil Engineer enc. — Checks I agree to the condition indicated above and acknowledge receipt of the checks described above. C M n O a r,P)2 G y o�t a y r o s s i, Sp a T R E E T , S A N B E R N A R D I N O.abE . bab ) FAX : aaA - sOeo CDate ReQe iveO . 0 0 U B LI C WORKS FAX ; E b 0 1 4n%Cca�%� C I T Y O F Bernardino DE V E LC PME NT SERV IC E3 OEP AR THE N T" M I C H A E L E . H A Y S O 1 K E O T O 9h December 28, 1999 File No. 7.37-5040 First National Surety P.O. Box 25150 Santa Ana, CA 92799-9938 Re: Installation of Streetscape on Highland Avenue from "E" Street to Waterman Avenue — Status Report Dear Sir: In response to your request for information regarding your Contract Premium Audit Report, dated 12/3/99, please be advised that the contract has not been in the field, a completed as of this date. Due to changed conditions encountered portion of the contract work is being executed on a Time & Materials basis. However, this is proceeding very slowly due to inadequate staffing by the Contractor, and therefore, the probable completion date is uncertain. At the current rate of work being done, we estimate that the contract will not be completed before March or April 2000. If you have any questions, please feel free to call me at (909) 384-5111. Very truly yours, MICHAEL W. GRUBBS Senior Civil Engineer HW:pa 0 0 0 N O R T H D S T R E E T . S A N E E R N A R D I N O. C A L I F 9 0 0 0 (909) 399 . 636T . FAX : 39{. S090 I PUS L 1 C NWOS KO FAX : 2 � 1 3 1 ] 916166 4333 Brooklyn Avenue N.E. CONTRACT PREMIUM Seanle,WA 99105 AUDIT REPORT WITHOUT PREJUDICING YOUR RIGHT OR AFFECTING OUR LIABILITY FOR BOND(S)DESCRIBED IN PART I, PLEASE COMPLETE INFORMATION AS AVAILABLE IN PART II AND RETURN TO YOUR LOCAL SURETY OFFICE. THANK YOU FOR YOUR ASSISTANCE, GATE 12/03/ 1999 SERVICECENTER ORANGE COUNTY PART I — BOND INFORMATION CONTRACTOR r _ COLAROSS I CONSTRUCTION _� j: 7600 RECHE CANYON ROAD i COLTON CA 92324 DEC i CITY OF SAN BERNARDINO DEVELOPMENT SERVICES OWNER DEPARTMENT CITY OF SAN BERNARDINO 300 NORTH "D" STREET SAN BERNARDINO CA 92418 BOND NUMBER Effective Date Contract 5941977 08120/ 1999 Description CONTRACT: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE Contract Price FROM 'E' STREET TO WATERMAN AVENUE BONDS: $158,433 Performance Payment $158,433 PART II —.AUDIT INFORMATION 1. IF CONTRACT COMPLETED PLEASE PROVIDE THE FOLLOWING INFORMATION: a. Approximate completion date and/or acceptance date b. Finalcontram price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Sales tax . . • • . . • • . • • • • . • • $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e, total contract/Win 2. IF CONTRACT UNCOMPLETED PLEASE PROVIDE THE FOLLOWING INFORMATION: a. Probable completion data .SEE.ATTAMED. b. APProximato porconmge or dollar amwnt of wnum=,plated or"I,,,d LETTER 3. ARE THERE ANY CLAIMS.ASSIGNMENTS,STOP NOTICES,OR LENS ON FILE? . . . . . . . . . . . . . ❑ YES NO 4. REMARKS: Data 12/27/99 Signature Title SENIOR CIVIL ENGINEER (MICHAEL BRUBBS) 46- 1 S-3373IEP 4197 CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: File No. 7.37-5040 FROM: Michael W. Grubbs, Senior Civil Engineer SUBJECT: Highland Street Tree Project — Progress Payment to Colarossi Construction — Correction of Payment Amounts DATE: December 22, 1999 FILE: 7.37-5040 In reference to Memo to File dated December 8, 1999, subject as above, new information has come to light that causes the proposed payment amounts to be incorrect. The correct amounts are as follows: 1. Check to Colarossi for Progress Payment - $10,170.00 (instead of $32,010.00 as stated in memo to file dated 12/08/99). 2. Joint Check to Colarossi and M&M Boys, Inc. for Materials - $38,978.72 (instead of $44,142.21 as stated in memo to file dated 12/08/99). The payment amounts stated in my memo to file were incorrect for the following reasons: 1. The progress estimate included work which had been completed through November 16, 1999. According to Andy Navarro, Engineering Aide, correct Certified Payroll records had been received covering work completed through September 20, 1999. No Certified Payroll records have been submitted subsequent to that date. The City is unable to recommend payment for any work completed after September 20, 1999, until Certified Payroll records for those payroll periods are received and accepted as correct; therefore, the progress estimate had to be revised to reflect only work completed for the period 8/27/99 through 9/20/99. 2. Some of the materials which were detailed in the bill from M&M Boys, Inc. have already been included in the work and, therefore, should be paid as part of the progress r � $832.52 of the materials listed in M&M's bill had been incorporated in the work. Therefore, only $43,309.69 was actually eligible for payments as materials delivered but not incorporated in the work. It was also determined that retention needed to be withheld from the materials payment, leaving only $38,978.72 to be paid by joint check to Colarossi Construction and M&M Boys, Inc. Michael W. Grubbs Senior Civil Engineer Cc: Henry Empeno, Deputy City Attorney Michael Hays, Director of Development Services Ray Casey, City Engineer Henry Wingson, Public Works Inspector HUDSON & BROWNING ATTORNEYS AT LAW 18952 MAC ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92612 TELEPHONE(949)622-2150 FACSIMILE(949) 852-9778 9u A.HuosoN PPATNER &AK:&HUDSONLAW.COM December 17, 1999 Wnfels Dimcl Dial:(949)852.9772 II t;,r Mr. Michael Grubbs Development Services Department cy City of San Bernardino 300 North D Street San Bernardino, CA 92418-0001 Re: Colarossi Construction Our File No.: 555-1012 Dear Mr. Grubbs: I was troubled at your representation that the City has changed its position. As you know, the City of San Bernardino has acknowledged on several conditions that a "changed condition" as prescribed in the standard specifications for Colarossi Construction has existed on the site with respect to the trenching and back-filling specification in the contract. The City has agreed to delete trenching and back filling as a lump sum cost and to pay policy construction on a time and materials basis for this item of work effected change condition. The City also agreed that the contractor was due additional time to complete this item of work and delayed cost associated with the changed condition. On the phone you seem to strongly imply that on behalf of the City, that the City was reneging on the agreement in our recent meeting and memorialized in the various communications and correspondence since then. You seem to attempt to retreat behind certain provisions of the Green Book and claim that the city engineer, deputy city attorney and other city officials present could actively misrepresent the City's position, and enter into false agreements then hide behind certain contracts specifications which you did not clearly identify. As your city attorney knows, when a public agency orders a contractor to proceed with work arising out of a changed condition not included in the contract price, the contractor has the choice of stopping work, rescinding the contract and suing for the reasonable value of the work performed, or proceeding under protest and later filing a Mr. Michael Grubbs December 17, 1999 Page 2 suit for damages for breach of contract. This area of the law is clear and given the experience of the city representatives present at the meeting, I found your claim, which you thought that the contractor must proceed with the work as its sole option is untenable. When Colarossi Construction discovered the changed condition, (with conditions that were obviously known to the City due to other city projects in the adjacent area), as well as discovered that the plans of this project did represent the actual site conditions, Colarossi could have terminated this contract. Instead, the City of San Bernardino and Colarossi reached an agreement, which you know seem to seek to repudiate. Heretofore, the only issue which the City stated that was in dispute was the amount of the delayed amount that is due to Colarossi Construction from the City do to the change condition, the actions of Mr. Enna and other city representatives. Colarossi Construction agreed to proceed with the work under with respect to those amounts. Now, you seem to imply that the area of disagreement is broader, and even includes concept of whether Colarossi Construction encountered a "changed condition' (as conceited by the City in more than one correspondence and at the meeting) or is merely performing "extra work." As you know, it is the former. Colarossi Construction has every intention of pursuing all monies fairly owed to it for the performance of work in light of this changed condition and on this project in general. By copy of this correspondence to Mr. Casey, I again respectively ask that you become personally involved in this matter since your subordinates seem to be repudiating the agreement of the City reached at our meeting. Very truly vours, D ROWNING BH:bg Blake dson cc: Larry Colarossi,Jr. Raymond A. Casey CO1=UUGmbbsJV COLAROSSS CD•T PAGE 1 COLAROSSI CONSTRUCTION S� ` GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut, Lic.# 273713 7600 Roche Canyon Rd. Phone # (909) 783-1 Fax 23 3 # (909) 783-9171 9- ao-99 �4 ; s MA /6-PlAL A f 00 Pfd plus C,i r4p;,t5 lo rJA ro !/ Nmba of Pages lwluding This One: oil INS one PI a MEMO TO FILE RE: PAY REQUEST FOR COLAROSSI CONSTRUCTION DATE: 12/10/99 FILE NO. 7.37-504 On September 27, 1999, Colarrosi Construction submitted a pay estimate covering the period of 8/27/99 to 9/20/99, to Mr. Steve Enna, in the amount of$21, 900.00. Mr. Colarrosi was advised that the pay estimate could not be paid until all Certified Payroll was turned in for the time period that work was done. During this time Mr. Steve Enna and Mr. Colarrossi were having conversations regarding the trenching issue. Also during this time Colarossi Construction was disputing having to supply Certified Payroll for the project. Steve Enna corresponding with Colarrossi. Colarossi doing trenching on "Time and Material" (T&M) On 10/20/99, I called EDA and spoke to Maggie Pacheco regarding prevailing wages for HUD funded monies. The question I had was, what Mr. Colarrossi was claiming, although a contractor claims "Sole Proprietor and he has employees working on the job, does he have to supply Certified payroll." She referred me to Mr. Musibau Arogundade, who is EDA's payroll expert. Mr. Arogundade said "Yes they Do" unless Mr. Colarrossi can prove to him otherwise. On 10/27/99, Larry Colarrossi called me up on the phone and was very upset and was threatening to call his attorney. I explained that he has that right, but all I am trying to do is to get him paid and he has a payroll accountant that I can that person what and how to do it, we could resolve this pretty quickly. Larry Colarrossi calmed down and agreed to have his payroll account call me and arrange an appointment. Mr. Willie Damper, Colarrossi's payroll accountant called me by phone and asked me if I could fax him a copy of the certified payroll form, I agreed. On November 9, 1999, The City received Colarrossi's certified payroll from Mr. Willie Damper. Page 2. I reviewed the payroll submitted and found numerous deficiencies and information not supplied. There were no SSN's on all employees on most all sheets, There were no checks listed, "Where fringe benefits are paid" boxes was not check. Mr. Colarrossi was notified by Mr. Henry Wingson, of the discrepancies that were found on the submitted payroll. On November 16, 1999, Mr. Willie Damper called me to set up an appointment to come in and go over the payroll, we both agreed that 1:00 p.m. would be a good time. At 1:OOp.m., Mr. Willie Damper and I went over the payroll and corrected all discrepancies except for the check numbers. Mr. Damper explained to me that Mr. Larry Colarrossi had the numbers in his possession and he would get back to me with the numbers. That same afternoon Mr. Damper called me and gave me the check numbers. Mr. Damper said that Mr. Colarrossi pays his employees "once a month". On November 17, 1999, Mr. Henry Wingson, delivered a proposed progress payment to Colarrossi Construction showing the quantities for payment. The progress payment was never returned to the City, with a signature agreeing to the amounts, to process for payment. Mr. Mike Grubbs was waiting for the agreed and signed progress payment to be returned so we could begin the process of payment to Colarrossi. On December 1, 1999, Mr. Mike Grubbs, sent Colarrossi Construction a letter stating that the City is still waiting for the signed proposed progress estimate. And also advising them that the City was ready to pay for "Materials On Hand" in the amount of$44,152.00, but still needed to receive the signed progress On December 7, 1999, I was informed by Mr. Mike Grubbs and Mr. Henry Wingson, that we were going to pay a percent of the basic bid item no. eight (8), for partial payment for the trenching that the contractor has completed up to this point. Bid item no. 8, was going to be deleted in the future, per change order #two, that would pay for all T&M work that was being done. Mr. Mike Grubbs contacted Mr. Henry Empeno regarding the pay estimate, item no. 8. The question was; can we pay the contractor a percentage of T& M done from Bid Item no. 8 ($16,400.00) and do a change order for the rest. Mr. Empeno said to go ahead and put down Change Order No. two, $16,400.00, and state that the change order is still pending council approval. Page 3. I stated to Mike Grubbs that we still can not pay for any T&M because we do not have any certified payroll for any period of time except for the month of August through September 30, 1999. We do not have any signed T&M sheets by the contractor or the inspector. We do not have any T&M sheets with back-up i.e. equipment rentals, tractor rental, cost of material used and cost for labor for work done. I asked how did we come up with the $16,400.00 dollar figure. Mike Grubbs told me that Henry Wingson is calculating the amount himself. I asked Henry why is he calculating the amount, for pay, why isn't the contractor supplying us with his own sheets. Henry said that Ciolarrossi Construction refuses to do the sheets. Per the green book: the contractor must invoice the City for extra work being performed. The issue also came up about paying Colarrossi's supplier, for Material's On Hand (Grates) (Storage), a joint check issued to B & B Boys, in the amount of$44, 142.21. My only recommendation to Mike Grubbs regarding the above is: that they should have a memo from the City Attorney's office directing and authorizing to do such action. I advised Mike Grubbs, that EDA Accounting Department, will want a memo authorizing a joint check action. He advised me that we'll have to cross that hurdle when we get there. Mr. Henry Wingson, was advised by Ray Casey to go over the Material's On Hand amount ($44,142.21) and see if contractor have used any of that material on the job site. On December 9, 1999, Henry went over the list that was given to us by Colarrossi Construction of the Material's On Hand. The list consisted of three sheets and had three different "Order Numbers" with various items on each list. Henry went through the list and found that there were some items that have been installed and or on the job site. The total amount that Henry came up with, from the three orders, that have been installed, is $832.52. My calculation of what is now due for "Material on Hand" would be: $44,142.21 -$ 832.52 $ 43,309.69 Due for Material On Hand The amount due for work done, on the Ray estimate, will have to be for the period that the contractor has supplied payroll for. That period is 8/27/99 to 9/20/99, minus Bid item No. 8. Also Bid Item No. 3, per Henry Wingson, would be 10% not 100% as contractor put down. Bid Item No. One would also change from 100% to 50%, per Henry Wingson. Page 4. Pay Estimate No. One (1), will consist of the following quantities: Bid Item No. 1. Mobilization 50% of $ 5,000.00 = $2,500.00 Bid Item No.2. Traffic Control---- 25% of $11,200.00 = $2,800.00 Bid Item No. 3 Clearing And Grubbing------10% of $ 650.00 = $ 650.00 Bid Item No. 4 Install Queen Palm---------- -0- of $ -0- = $ -0- Bid Item No. 5 Install Tree Grate---------------0- of $ -0- = $ -0- Bid Item No. 6 Install Irrigation System-----15% of$ 19,000.00 = $2,850.00 Bid Item No. 7 P.C.C. Sidewalk--------------------0- of $ -0- = $ -0- Bid Item No. 8 Trenching/backfillilling-------0- of $ -0- = $ -0- TOTAL DUE: $ 8,800.00 REVISED AMOUNT OF MAT'L ON HAND: $ 43,309.69 $ 52,109.69 RETENTION AMOUNT AT 10% (52,109.69 X .10) _ ($ 5,210.97) $ 46,898.72 TOTAL AMOUNT TO BE PAID FOR ESTIMATE NO.ONE : AMOUNT DUE : $ 46,898.72 . 1x39.4 CLIP oCbc2 .�. o Y4 KY4 s 2 f� 1 vs—.� �cc.�, G'c 3i• i3 � .�1. 7�L /a%4 LS X70 . vL . 6 � 4 00 o p o 0 0 0 0 0 o a r c 00 ri v � z 8 8 8 8 _ : n S � a i N w ■ � r ° z �--- = p z O co _ z c o CL e O v a U b Z O U d a O z o m E a -� s E z8 ¢ w Z � m awe sI� a Z p O e v r V r o . EO o p a w = w 7 a . Oxn r jl w O - — f otly OG 2 G] M 1 N 3 N aO r• y " rw 4-a /e r6 y Asa r<< 2A 41 I 1 f F, = 2ys F CA A F-7 Su�.7�y 1 �w L7.Sa Lo Z7.3 e n �r�44 CQ 0.-2-70 I C� z>. :7 4;e,4-7 4caE _ _ ts.cr 10. w y FAX TO: RAYMOND CASEY FAX OCT 2 5 199FAX(909)380.5080 CITY OF SAN BERNARC PHONE(909)3845357 DEVELDEPARTMENTVI( FROM: COLAROSSI CONST Phone(909) 783-1823 F°x (909) 783-9171 _DATE: 10/23/99 SURIECT. MATERIAL INVOICE SHEETS FROM THE HIGHLAND AVE STREET SCAPE PROdECf (E TO WATERMAN) Eaclased are the material invoice sheets that the ci _ the materw. (C� so that CC earl obtain a city check (ASAP) fo oPayments of Summary M& MBoys 37,473.10 + 6400.77 + 268.34 = S 44,142.21 ✓ l Vulcan Material (Cal-Mat) 1670.44 = $ 1670.44 Trench Plate Rental Co. 577.50 Tom = S 46,390.15 If you dIIy questions' Please feel free to call as at (909) 783-1823. Larry Jr, ony Colarossi, or take wish to speak with Larry Senior w your call. If you Also, a fax eoufirmi�y Jr, you can reach him at his cell phone. crated by Cohuossi Co g fe�Pt and agre meat from the City would be very appre- fitx sent suction. As of today, we did not get a reply from the You regarding Lost Time. ac: Mr Blake Hudson (Attorney at Law) ..�. .....w.�wa� ��1 Ary�t •.s- 5 PAGE 04 �... s E90937Ey64 p.33 srRar `•e`eaP.e CA ff11 • 1n-T2!{ tt. WOO M 4 M 1116. INVOICE: 31.82, Qt-m" 4t. 0000 LEGACY' Qa*an: - mtAROffJ 01(RIG11LAN0 3TRER)r M W IttCR1 CAPra aW RIP T0: lu'rm CA 9272E COIAROSSI OOIIU:OILMD STRREr; SAR RERm U ACCX.. WLAROS tARRT �Tr VIA Rm SMIr T 071 ORO Orr 1RIP Orr 90TV fTd M. 09/02/91 2S 01 W4i u0 INVOICE ORTE PACE ION 040UPT 09/02/91 1 R ! O g7RE • M 1 S E 0 R W 1 C A E • • . . - MIT ` PRICE EST MICE ' BETE tOt WRISp®Cl t/CW G 31.13 3249-04 S01TOT.µ 1249.0E Does. RISC. W1RGEf 1.Oi 1fev01ed TAX 119.10 -- ...�.....,e.. "ItGNT 700 TOTAL SNIR-SE TDTA_ p-03 84:24 8016349409 COLAROSSI C -- : [*Vcle IILN )r{; PAGE 02 �� ;3B9Sr126oq P.d1�0J JAI" 7Tftti CAL nnf � u+t M i M o.eer [IpOer °°°"° Ino. (9a) f77-Fete ht. DOW LLGACY- OOtA l a(tIGMLNO S7R[R)► 7�•. 7400 tttat dt/a RAO STtp tp WLTat/ rA 9Z324 �I L9it(.VIGeLAtG S-tEET) •_ LV YWY) /l%n Acco t CGLM03 ••0, i41A•r LAMY ship via ANXI Ship Oty Ord G 00/77/99 er+s after fete •9e I;e. b. oplr 06/37/"9t t +lotlen M0J206t . . . ' 0 G 0 T' .h i[ LM t ►r i u ti5 0 { • • • • .it. •nu 114 � W! 48• OLAGK aMT[ �T101t tLVi �• rYF[ FA 2J�.aaOC 26,f0a.A EA aa.lJOa n,7a9.a2 [beotet sir,,m.a2 3fylfd 4yt Charges 7.00 ru u.m.2a _ Fr i f1.t $.00 'Pea—~M1.1. ipV{ 137AT3.1C a ;= 'Mp4724 0016349409 j� -+ .nnlwl4uv 1 PACE 03 l. .•.. 1' .� IBC.. 190937120,yq P-a2/33 i1GR0 JTRKT A9,RII�A7/� G 91719 INVOICE: 08,67,, /il nlozsa W. 0050 a M Inc. q9) nl-26" la E. Dom LEGACY' gdTONE fE m4AROSli CONINICAL'm STRIETI 7600 RME UT" NE340 SNIP T0. 'M TOM U 9D24 LAAOI CONIN:6NUND S•REE7) SAM 9OIm SNIP FO TARO IN AccD,T DOIANDS P.O. "IN LAW - SNIP VIA REO SNIP TN MD 0rT 3MIr r7 O/T 07/31/99 TERM No. OATI PAGE 0 67Td ITEM NO 2t,Dth•NCtS0 09101/99 DESalrrrON I • • . N 1 5 T 0 R I C A L . • • . . ,NIT WIT PRICE UT PRICI 1 6 6 z p I SOGS1 ESM[x ' 1 1 p Ismz7 R9 11/2 DU W, U 147.226 $747.23 11 12 0 110T11]611N - 1/2 $EN RP FESCO a 84.78 $676.14 2.23D0 2!0 0 ULUO (1/z-ll3 Gv wam Y/MAss NANO U 201.03 (207.03 12 2•!00 0 14U 49 50.360 xm-6y EA 27.3D00 S32T.60 1 12 0 al APT UP/4 WITE MIRE EA 0.30 569.DD .500 11.300 0 17040 COIICRUE 601 RO U/CI 110 rT 0.029 550 900 0 10040 1 112 SCN40 PIPE PVC EA 17.796 $T2.Sa. c.500 4.500 p 7$SO 1 ScrAO PIPE PVC FT 0.2606 R$.13 170 170 0 4DIO07 314 sCN40 PIPE NC $7,08(.50 7T 0.1653 79 13 7/4 T SSS 582.75 6 $ 0 401151 713/4 TEl rn FT 0.1117 $502.65 0 <02210 533 rvG G 0.7786 $30.36 715 175 0 400" 1 1/2 x 3/4 T UT PVC U 0.36 4 6 3/4 90 SS $5.79 14 D 696D19 PVC EA 1.2293 $9.67 30 14 0 I318U IRS 11/2 OVJON U C.1406 $16.17 36 0 456015 "'1 1 1/2 x 3 NIPPLE a 6.T5 $X.00 36 J6 0 401210 1 1/2 NA Px•C U 3.35 7.500 7,900 1 1/2x3/4 T 39S WO 153.6] 0 746110E EA 6.1.44 $11.03 25 25 0 407013 UF14 61Aq WIRE p 1.4< 25 23 0 406015 1 1/2 T US M FT 6.0230 $31.64 2 2 p GAL; 1 112 90 SS PVC U 0.so" f20. f 1 1 0 GIP GAL GAAV GIVE 37664 EA 0.6012 6 6 O PAINT ONL PRIKA 31904 U 575.03 1 p R0 N4ARIA0 PAINT 27.17 $51.34 6 6 p IODTT PT PEPS OOPF I!N U 19.45 $19.65 ITESEA; f1 3.31 $71.56 4 t 0 COMING 1 TEFION TAPE U 9.5659 4 4 0 RIOT '(7651 Or OAU$ER U 7.0666 .S7 EA 56.40 .620 f6 U 1,79 77.16 SUBTOTAL 19.942.67 5".gESNd�YI per. RENC'_ M13C. OwCES $.m %WNW s',, �- TAX SM.94 ON 6d - '� 7REIGNT f.m hA.RE tiN��'*0'I*a Wbbw y TOTAL $6.<00.77 r CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: File No. 7.37-5040 FROM: Michael W. Grubbs, Senior Civil Engineer SUBJECT: Highland Street Tree Project— Record of Site Meeting of November 9, 1999. DATE: December 9, 1999 FILE: 7.37-5040 On November 9, 1999, Henry Wingson talked to me and indicated that Colarossi Construction was angry that they had not been paid and wanted a meeting at 10:00 am that morning. I could not make that time and asked that the meeting be rescheduled to 2:00 pm. Bert Morales and I arrived at the site at 2:00 pm and I was immediately approached by Anthony Colarossi yelling the question "Who the hell are you? We want Mike Hays out here right now". I explained that I am the Construction Manager replacing Steve Enna who left employment with the City. I further explained that I am the City's representative for the project and they will have to explain their concerns to me. If they are dissatisfied with my responses, they can request a meeting with my supervisor Ray Casey, City Engineer. Anthony Colarossi and his brother Robert Colarossi, in angry tones of voice, began berating the quality of the plans and the City's inspection staff. They used extreme profanity, yelled even though were only a few feet away and the area was relatively quiet, and occasionally, moved closer to me in an apparent attempt to intimidate me. At one moment I felt a spray of saliva as Robert Colarossi yelled from a distance of less than three feet. I explained that I would not talk to Anthony or Robert Colarossi since they are not listed as principals in the company. Larry Colarossi, Sr. is listed as sole proprietor of Colarossi and is the only individual who can speak for the company. I asked Larry Colarossi, Sr. to step over to an area where we could talk alone. His major concern is was that we have not paid them for the work done so far. I advised him of our concern that Certified Payroll records had not been provided for the period for which he was expecting payment. Larry Colarossi, Sr. walked to his pickup truck and returned with certified payroll forms that appeared to be filled in. (I later gave those forms to Andy Navarro who checked them and determined that Social Security and check numbers were missing from the forms. Therefore, the Certified Payroll's were unacceptable. I instructed Mr. Navarro to contact Colarossi Construction and advise them of the deficiencies and that no payments can be made until correct certified payrolls are received.) Mr. Colarossi further complained that we were treating them like "animals", and that we are holding up their work. I advised Mr. Colarossi that we are committed to completion of quality work in a timely manner so that our street rehabilitation project can start in January. He ranted some more about the Colarossi's being immigrants and suggesting that we were prejudiced against them. I told him that was incorrect and that we work with people of all racial and national origins. All we are concerned with is getting a quality product completed in a timely manner with the least amount of inconvenience to the public and adjacent property owners. I left Mr. Colarossi about 3:00 pm with a promise to work on getting them paid for the work completed to date. He also asked that we mark the traffic signal loops and conduit. I assured that we would get out signal crew out to mark the signal loops and conduit. Michael W. Grubbs Senior Civil Engineer Cc: Henry Empeno, Deputy City Attorney Michael Hays, Director of Development Services Ray Casey, City Engineer Henry Wingson, Public Works Inspector CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: File No. 7.37-5040 ' FROM: Michael W. Grubbs, Senior Civil Engineer SUBJECT: Highland Street Tree Project— Progress Payment to Colarossi Construction. DATE: December 8, 1999 FILE: 7.37-5040 Approximately 8:30 am today Henry Wingson, Public Works Inspector, called me via two- way radio and advised that Colarossi Construction had run out of materials due to non- payment and was insisting that we give them a stop work notice. I advised Henry that we could insist that the contractor perform productive contract and that they maintain the site in a safe condition with minimum inconvenience to the public. I advised him that we cannot and will not direct the contractor to stop work. Henry prepared a speed memo to that effect but the speed memo was refused by Larry Colarossi, Sr. Colarossi indicated that he wanted a stop notice issued by the City. After hearing from Henry Wingson, I immediately started pursuing completion of a progress estimate for Colarossi. This progress payment form had been delivered to Colarossi by Henry Wingson on November 17, 1999, with a request to sign and return the document. Henry Wingson indicated to me on December 6, 1999, that Colarossi had refused to sign the progress estimate. I discussed the progress estimate with Ray Casey, City Engineer and it was agreed that, subject to concurrence of the City Attorney, we would pay Colarossi based on the unsigned progress estimate. This payment is proposed to consist of a payment completed work in the amount of$32,010.00 paid directly to Colarossi and payment for material in the amount of$44,142.21 in a separate joint check to Colarossi and M & M Boys (material supplier for grates and irrigation equipment). I discussed the matter of the joint check with Henry Empeno, Deputy City Attorney, and he concurred that we should pay Colarossi for work completed and that we could issue a joint check for the materials payment. Another question that arose regarding payment was how to pay for Bid Item No. 8 "TrenchinZ& Backfiling and Restoration of AC Pavement". The problem is that this item was deleted and replaced by a proposed change order to authorize the "Trenching & Backfiling and Restoration of AC Pavement" to be done on a time and materials basis under the "Extra Work" provisions of the contract. Unfortunately, we were unable to process a change order due to the fact that we have no cost for this change order. Final costs will not be available until the work is completed. Ray Casey had suggested that Bid Item No. 8 be indicated as deleted on the progress estimate and a proposed contract change order be added to the progress estimate to enable payment of the acceptable work completed by Colarossi to date. Ray advised that we could take the change order to the City Council on 1/10/1999 as an informational item, but we would not have a final change order cost at that time. I called Henry Empeno a second time and discussed this method of payment with him. He concurred with that method of payment, however, it should be noted that he was in a rush to get to another meeting and did not have much time to consider the question. Michael W. Grubbs Senior Civil Engineer Cc: Henry Empeno, Deputy City Attorney Michael Hays, Director of Development Services Ray Casey, City Engineer Henry Wingson, Public Works Inspector THE LAW OFFICES OF BLAKE HUDSON ATTOPN M Ar lAW 18952 MAO ARTHUR SUnp 430 IRVINE, CALIFORNIA 92812 TELEPHONE(949) 852-9772 FACSYAIL£(949)852-9778 FACSIMILE TRANSMISSION Date: December 8, 1999 File Number: 500-1012 To: Name: Fa:Number: Ra=0 S:!n 909/394-5155 From: Blake A. Hudson TOTAL NUMBER OF PAGES (including this cover sheet): 3 (Please call(949)852-9712 as soon as possible if auy pages arc missiu8 and ask for the Fax Opervor.) TM,➢c'�m��iaMc�bx [o omad Mj���. k mfam�m 1bK u poKCIM 5om E�tbnrt m�WM WY eY mTew, di M-ipicm You w h-0y mEfied Ihct Tvu mq pc yam` m Amy"Oft Pic n the rttic ofNb e6c U S.Port r wwor oopyhy of the ry�y . M a ry papoo �a '.u{�kl sa+ica. 7L.t you lb- �� tY m6�O +moo be wl�ioU�cyr�mro. REMARKS: 7741doc l HUDSON & 13ROWNING AnoRNEV9 AT uw _ 18952 We ARTHUR. SUITE 430 IRVINE. CALIFORNIA 92812 TELEPHONE(G49)622-2150 FAcsuoLE(949)852-9776 - BL1 AHW PNPlNER RINR®BHUCpMW.CDL December g, 1999 WNY4 Dntl Dal (949)!52-91)2 Mr. Raymond A. Casey City Engineer Development Services Department 300 North D Street San Bernardino, CA 9241B-001 Re: Colarossi COMMCtion Our File No.: 555-1012 Dear Mr. Casey: This correspondence is written because I have been unable to reach you by telephone. Mike Cmibbs has stopped the work being performed by Colarossi Construction on the Highland Street project. My understanding is that you communicated to Mr. Colarossi, you desire for Colarossi Construction to continue work. There obviously exists a serious lack of communication between the City and Colarossi Construction, which needs to be remedied immediately. Despite the representation made by you and the assistant city attorne on behalf of the City at our October 19, 1999 meeting, the City has failed to y lf the bargain fiilfill any of its end if As you know, Colarossi resumed work on November 1, 1999 as agreed_ This was so despite the inaccuracy of the plans and specifications and the changed condition encountered (and acknowledged by the City) and the lack of agreement as to the amount of delay damages (also acknowledged by the City) to which Colarossi Construction was entitled. Colarossi Construction proceeded with the work (under protest with respect to the amount of compensation the City owed Colarossi Construction for delay), based Solely on the representations made by the City at our meeting. To date, the City: r Mr. Raymond A. Casey December 8, 1999 Page 2 1. Has not paid Colamssi Construction as agreed. 2. Has not executed a change order deleting the trenching and becldilling item from the contract. 3. Has attempted to characterize the work as "extra work" under some unknown part of the contract, instead of time and materials work as agreed to in writing by the City. 4. Has delayed and impeded orderly execution of the work through its harassment of Colarossi Construction. 5. Has failed to properly respond to Colarossi's submittal of the data which evidences its delay claim (although the City represented it would do so by the end of October). 6. Has dared Colarossi Construction to abandon the job by stopping work without a proper stop work notice detailing the reasons why the City has shut down this job. This is not exhaustive, but simply illustrates the fact that the City is acting in bad faith and in breach of its contract with Colamssi Construction and has apparently engaged in active misrepresentation regarding the nature of this job, and its orderly completion- Mr. Grubbs on behalf of the City has stated his intention to breach the contract with Colarossi and has repudiated the agreement reached at our meeting. He has called my clients "uneducated" and "animals." While I understand the City's preference for Union contractors and bias against non-union contractors, if this is the basis of the wrongful behavior being perpetrated by the City against Colarossi, rest assured it will not go unanswered. Obviously litigation will be necessary in order for Colarossi Construction to be made whole with regard to this project. I'm sorry it has come to this, but we CQIWMVI evbCsy r W Raymond n. Casey December 8, 1999 Page 3 tried to work with you Very r U , S R G Blake H n BH/ir CNam+utsaa n cry THE LAW OFFICES OF BLAKE HUDSON ATrORRM AT LAW 18952 MAC ARTriuR SURE 430 1"NE, CALIFORNIA 92812 TELEP40NE(949) 852-9772 -- FAcMAILE(949)852-9778 FACSIMILE TRANSMISSION Date: December 8, 1999 File Number: 500-1012 To: Name: Fu Number: RA�Oad Caey vo9/3E4-sts5 From: Blake A. Hudson TOTAL NUMBER OF PAGES (including this cover sheet): 3 (Please call(949)852-9712 as soon as possible if any pages are missing and ask for the Fax Operator.) C0NFLDFNTIALITY STATEMENT P° able bev,<[[o�oona�dIM W 'ben b k edivn't k mry comdn kfonaulon t'u orulseed fi.ANelque m>blyd U tn[Mc i�—pxM you en busby MOfi d 1; a Mq be mt mmmAN VJIY'or eaomq wqk 1WWC If the d am of 01t r '*r d"'W �,P'r 1114-.12 edi�J m-kO. a'or ay PatJV.W u lcdy Prohibit - Y"y md the U.S.Po"Swiss. Tb'-*you ar ymv�mw em W .W.,im in jj, um n Ibe aelb�l-x"W m o.AT the ebo ddm .i. REMARKS: T742doe HUDSON & BROWNING AT NEY9ATIAW 18952 MAC ARTHUR,SURE 430 IRVINE, CALIFORNIA 92612 TELEPHONE(949)622-21% FAcsaoLE(949)852-9778 BU¢A Hue& N PrA R &UIZ®&N"p&AW.L December 8, 1999 WrWS Dnc9 OW:(949)&52.977= Mr. Raymond A. Casey City Engineer Development Services Department 300 North D Street San Bernardino, CA 924 18-00 1 Re: Colarossi Cojutmetion Our File No.: 555-1012 Dear Mr. Casey: This correspondence is written because I have been unable to reach you by Construction Mike fighlas has stopped the work being performed by Colarossi Construction on the lirghland Street project. My understanding is that you communicated to Mr. Colarossi, you desire for Colarossi Construction to continue work. Therc obviously exists a serious lack of communication between the City and Colarossi Construction, which needs to be remedied immediately. Despite the representation made by you and the assistant city attorney on behalf of the City at our October 19, 1999 meeting, the City has failed to fulfill any of its end of the bargain. As you know, Colarossi resumed work on November 1, 1999 as agreed his was so despite the inaccuracy of the plans and specifications and the changed condition encountered (and acknowledged by the City) and the lack of agreement as to the amount of delay damages (aLso acknowledged by the City) to which Colarossi Construction was entitled. Colamssi Construction proceeded with the work (under protest with respect to the amount of compensation the City owed Colarossi Construction for delay), based solely on the representations made by the City at our meeting. To date, the City; W. Raymond A. Casey December g, 1999 Page 2 1. Has not paid Colarossi Construction as agreed. 2. Has not executed a change order deleting the trenching and back5lling item from the contract. 3. Has attempted to characterize the work as "extra work" under some unknown part of the contract, instead of time and materials work as agreed to in writing by the City. 4. Has delayed and impeded orderly execution of the work through its harassment of COlarOssi Construction. - 5. Has failed to properly respond to Colarossi's submittal of the data which evidences its delay claim(although the City represented it would do so by the end of October). 6. Has dared Colarossi Construction to abandon the job by stopping work without a proper stop work notice detailing the reasons why the City has shut down this job. "Ibis is not exhaustive, but simply illustrates the fact that the City is acting in bad faith and in breach of its contract with Colarossi Construction and has apparently engaged in active misrepresentation regarding the nature of this job, and its orderly completion. Mr. Grubbs on behalf of the City has stated his intention to breach the contract with Colarossi and has repudiated the agreement reached at our meeting. He has called my clients "uneducated" and "animals." While I understand the City's preference for Union connectors and bias against non-union contractors, if this is the basis of the wrongful behavior being perpetrated by the City against Colarossi, rest assured it will not go unanswered. Obviously litigation will be necessary in order for Colarossi Construction to be made whole with regard to this project. I'm sorry it has come to thus, but we coleoetl. bcmy W Raymond A Casey December 8, 1999 Page 3 tried to work with you V"Y r O S R G Blake H n BHlir COLWMK merb C., '�EQs AR pfHG vv C I T Y D F an Bernardino l�[tipfD 11 ,e`. DE V ELO FME NT SERVICES DEF AR T M E NT M� 1 C N A E L E H A Y S D I R E C T 0 a December 1, 1999 VIA FACSIMILE 12/1/99 File No. 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Attention: Mr. Larry Colarossi, Sr., President Subject: Highland Street Tree Planting Project— Items Holding up Progress Payment Dear Mr. Colarossi: On November 17, 1999, the City received Certified Payroll records from your company which complies with Contract requirements. On that same day, Henry Wingson our Construction Inspector delivered to a representative of your company an estimate of work completed to date and eligible for payment. This progress contained an entry in the amount of $44,152 to cover the cost of grates and other materials that are being held in storage at M & M Boys, Inc. The progress estimate has not been returned to us as of this date. In order for us to process the progress estimate for payment, it must be signed by the owner of your company and returned to us; therefore, please sign and return the document to us immediately. If you have questions regarding the progress estimate, please contact us. Please be aware that approximately two weeks will be required to get an actual check mailed to your company after receipt of all necessary documents. We are also asking that Colarossi Construction agree to the issuance of a joint check ($44,152.00) for the portion of the progress payment to cover. the cost of materials presently stored at M & M Boys. Of course, the portion of the progress payment attributable to work completed, in place, by your company will be paid directly to your company. 3 0 0 N O R T H - 0 S T R E E T . S A N B E F N A R 0 I N 0, C A L I F 9 2 4 1 a - 0 0 0 1 (5 0 5) S 0 5 - 6 0 6 ) . F A K : 0 5 5- 6 0 5 0 / P U B L I C W O R KS FAX : 055 -5155 Thank you for your attention to this matter. If you have any questions regarding this matter, please do not hesitate to contact the undersigned at (909) 384-5179. Very truly yours, Michael W. Grubbs Senior Civil Engineer cc: Henry Empeno, Deputy City Attorney Blake Hudson, Attorney for Colarossi Construction Ray Casey, City Engineer _ iSM 8 �.. it ffen �� [[ AtStln'Numbe�— l .f!��e - 22 919 9377: aw �' � 4 � __ � d AtltlRSnea'n Addras� (avLY H fflq s, ed are fee paid) Iµ�l it Fe.q A GE'%fR • � eFb•12�av< i<,y Csc iR.i r�vyt ^•n _ {:' Go..i�a,r�z QEiPoa-:� F BF 4141,�Ie, 8y :EIF K."1r L IFE i.'f}i' wro -,�..iF Si(i ✓FS �z i�hr _k..:�.•' . .. •uY�Y111V i — Rapid Memo — F f.1- :-7.I7 _ S7 —1 To: GC rF2oISM �o.l,i,?.rc7 From: ilR CJ/,I,Csa. • 76e< .Z�we cw..r .w 2• Ext. tit Public Works/Engineering Dept. Subject:5.72eF7tC*f,�C H+<ac+,eD A4 Z Message: 1/Ctc ass pu7r+nz sF 7c+ az rc v "?,0 7F 3n�fF . , sEz w< Aj r / �c°t7i ED A7 ;AE AGzFE'a 047X °G Y o 1211 712. (& 6u4 DFe ✓E F7 God Y Ar� Signed: Date: Response: Signed: No Reply Necessary ❑ Reply Requested ewcR,os z co) o ` My of San Bernardino i — Rapid Memo — r F� F ;-7. 2 _ S v, To: CoLp2o.rSr From: 1E,JRY IJ/UICSe.J 76oe QtGHd cw .� 4. CoG70�1 Ext.'5111 Public Works/Engineering Dept. SYbject:S!•Zc9-iJe.w,,C I.j N•GNC.w, A-*r /ni'e,z—FJ 'YAetf&c tI,+-7M* Date: 21 - Sf Message: _ yol< /2.0 Atrio4.,a,SFn 7F Ae JG J �[tFaE� A7 9NF Al.t-FF �,.�e !'F ,4 .�o De Pf2 %1 t,t !oq �]FC ✓EaF�I tT Signed:, Date: Response: �/, Signed: 14 No Reply Necessary ❑ Reply Requested ENGR.105 (2 W) x ' S, 1 t sr.w�c muuy.r,,F Sr1 PACE 01 THE LAW OFFICES OF BLAKE HUDSON ATTORNEYS AT LAW 18952 MAC ARTHUR, SURE 430 IRVINE, CALIFORNIA MI TELEPHONE(949) 852-9772 FACSIMILE(949) 852-9778 FACSIMILE TRANSMISSION Date: November 16, 1999 File Number: 500-10 12 To: Name- Fax Number: Ra ad C 909/384-5155 From: Blake A Hudson TOTAL NUMBER OF PAGES (including this cover sheet): 3 (Please call (949)852-9772 as soon as possible if any Pages are missing and ask for the Fax Operator.) This Communioa4Cn u CONFIDENTIALITY STATEMENT _ irdtaded my for the Penon b who"'it is sddruscd It may coidsiy Oformaried that is p hctsd from disclosure to third s riot th mrrndd'-0-1t,�s hrsby 000fid,sdisil tW diem Commuwalioa a W movy work poducl If the rods ollhis mmsye mat any mrcw. dinemioadoq dievrbgi You y be Nolnen8 a legaSY ProteCleO cmifidmtisl r Pdvdcgcd cornmuniotioe sag tscth,"this mmissRyCyloA Iii esatsr, oA andltr copying of this oornm,stmoon or my Portion of it is s1r Wy pruhibiW Er yw yaw, tbC U.S.P-FW Srvioe. '[bank Wease notify w immsdissely by tdePhooc sod rsbnn the orisivs)message to us ss me abort address riot Yon for yotr cooPCshOu and mnsiduat,on m this m m REMARKS: N V 7742.duc RNAR`�H ' eE D O O F an Bernardino DEVELOPMENT SEPViCES DEPARTMENT M 1 C M A E L E X A Y S O I R E e T O R November 12, 1999 File No. 7.37-5040 .T CERTIFIED RECEIPT N0. P 225 919 Colarossi Construction 7600 Reche Canyon Road Colton, California 92324 Re: Installation of Streetscaping on Highland Avenue from "E" Street to Waterman Avenue— Daily Extra Work Reports. Dear Mr. Colarossi, Sr.: On November 8, 1999. your representative refused to sign the T & M sheets for 11/08/99 as written-up by the inspector because he disagreed with the method of recording equipment hours. Instead of recording a dissenting note, he said that from now on your attorney would sign the sheets. Your attention is invited to Article 3-3.3 "Daily Reports by Contractor" of the Standard Specifications, which states that "...the Contractor shall submit a daily report to the Engineer on forms approved by the Agency..." As such, we expect you to submit the daily report sheets; a copy of the approved form is attached. R T - D - r S A % (9 0 9) 0 9 4 . 5 9 3 } • FAX 3 9 9 . 5 0 9 0 1 P U E L E I R i 0 N C A l F I C W 0 R X S i A X : S l t .3 1 SS Colarossi Construction r Daily Extra Work Reports November 12, 1999 Page 2 of 2 Meanwhile, I have directed the inspector to continue recording his versioti of the daily reports and give you a copy as a courtesy. These may be incomplete since certain information (such as "Materials") would not be available to the inspector. Please contact me at (909) 384-5111 if you have any questions on this matter. Sincerely, Michael Grubbs Senior Civil Engineer Enc. (2) Cc: Michael E. Hays, Director of Development Services Raymond Casey. City Engineer Henry Wingson, Construction Inspector Yj °Z Yo 0 w2 Y< f 0 Y O • [ 2 • l o< o Q m Q m O Y O r O[ _ v v S ♦ t 2 0 D • C p e • 0 < O S a o r i • O U O 0 i <p ° r z V ( i F 0 U Z i � i e i � i i C 6 • G c i c i • n i i i i • - O i C i p 0 [¢ _ _^ U L < O p p J U < c 2 2 < � 0 w �ir N < 6 F [ J � m° i o i • J W r r i i u u i 2 Z A o IZ Z . O O ° r a a [ r [ x x ii • < x C 3 e < < f t 0. X X d0 I 0 �i F + + n � J [a U S Y Ot 0 W u Ir z L � O 2 O Z • W < c Z ._ ° p O S J Y i W 3 z W W Z Z m a It d Y ' ~ O 0 W 0 C d .� W f a f 4 ° : O c 0 W W n X = w 0 z H c u z � a ♦ p Q Y 0 02 t 3 c :2 � u u 1IIII ° Z� h0 I Y< ( f r O N h x ( JY < W Q W ° (h h ( x • 0 r 0 r Or O( ! x • ( x 2 o"o c 0 = h r u u O U < < o Z x • • J F_ D: Y < F U V 0 0 O U 3 0 f 0 [ G i C • • i � 1 r • 0 [ 0 [ 0 [ 0 [ ( F < 0 O to ¢ Z U 0 < o' d 6 J 0 < i 2 x F W W O W F u N < tl IyIF� Z r ( e U 0 P Q T a i ( J cc m L 0 • <J O r r x 2 W h h u Y Z z j a s c z 0 0 ( h a a c ! c > > iz 0 • r Y Y i c • < z 0 6 < 0• K ° I I h0 F + + n h J (h Y Z( L h 0 n 2 3 e � O • W Z z h ° 0 x J z O z < Y °z W h O < 3 o � h Z Z W Z W W ° a i o i a zf O F 11 n F u W o c o W W • t :' z W O X F o p a d oN r L ► a t O C W 3 n 00 r 02 W O r O U < HUDSON & BROWNING ATTOPNEYS AT LAW 18952 MAC ARTHUR, Sucre 430 IRVINE,CALIFORNIA 92612 TELEPHONE(949)622-2150 FAcssuLE(949) 852-9778 &N A.NwwM PM ER NAAE®BHw60MMI,Mu November 10, 1999 W�*.Dw Dul (949)852.9712 Mr. Raymond A- Casey City Engineer Development Services Department 300 North D Street San Bernardino, CA 92418-001 Re: C01u0ssi Construction Our File No.: Dear Mr. Casey: This correspondence is written because I have been unable to reach you by telephone. points: As you know, at our October 19, 1999 meeting, we agreed on the following • Colarossi Construction would resume work on this project on November 1, 1999. Colarossi would endeavor to finish the installation of the waterline between Sierra Way and E Street by December 1, 1999. • The 300 foot-a-day production item is simply a goal and there are no guarantees that 300 feet a day will be performed. • The City of San Bernardino will execute a change order deleting trenching and backfill from the contract. This work will be performed on a time and materials basis. The City of San Bernardino has represented that no written change order is necessary to protect Colarossi Construction's rights. Colarossi Construction has relied on that representation. • Colarossi Construction will submit certified payroll records and the City of San Bernardino will issue payment promptly after receipt of those records. PAGE B3 Mr. Raymond A. Casey November 10, 1999 Page 2 • The City of San Bernardino will advance fees for materials to be incorporated into the work of improvement to avoid having to send such materials back to the material supplier. Alternatively, in some cases, the City of San Bernardino has contacted the material suppliers to assist Colarossi Construction in avoiding any costs associated with having to return materials. • Colarossi Construction and the City of San Bernardino will continue to negotiate the delay damages incurred by Colarossi Construction as a result of the actions to date. I was happy that the City recognized that Colarossi Construction encountered a changed condition as defined in the standard specifications for public works construction. Colarossi Construction is also happy that the City recognized that it is due additional time in which to complete this project and delay costs associated with the handling of the discovery of the changed conditions. Presently of concern to Colarossi Construction is the seeming lack of cooperation on behalf of the City inspectors. I am going to attempt to contact you again to discuss this on the telephone, but 1 would ask you to once again become personally involved in the progress of this job I think we both share the goal of having as little dispute as possible when the job is concluded. While I understand the City has, to date, not accepted Colarossi's request for the approximately $16,089.52 in delay damages, I believe that it is more prudent for Colarossi Construction to reserve its rights vis a vis this issue and continue with the work. However, should City officials continue to impede or otherwise delay Colarossi Construction, additional damages might result. Mr. Casey, I really would like you to become personally involved with this job, as it seems that other representatives of the City continue to harbor some animosity towards Colarossi Construction and are acting on those feelings. me Should you wish to discuss this matter further, please do not hesitate to contact Very t ly u HMS t, BH/ir Blake A. Hudson cOIu itUta to Cney Report of Phone conversation of 11/10/99, with Joey Harper, HUD Labor Relations. Re: Colarossi Construction Discussed with Joey Harper the question of whether Colarossi Construction, as a "Sole Proprietorship" is required to submit certified payroll reports for family members who are working on the project. Ms. Harper indicated that they must submit certified payrolls same as any contractor. They must pay prevailing wages to their employees (family members) as well as other employees on their payroll. They must provide a check number or other proof that payments have been made to the employees. Also, the City is obligated to conduct job site interviews to confirm that proper wage rates are actually being paid. Michael Grubbs Mop L04'ti %°`y 90tr, 3016 9.13 WqN ,g000 QTY OF SAN BERNa�DINO LETTER C TRANSMITTAL DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET, 3rd FLOOR OAIE�� /o 9S FILE NO. SAN BERNARDINO,CAL. 92418 attention: G +�x (714) 384-5111 e: -- 4fru,A.. ?i-d S%1Fc 7_r,.41F ev.✓Cc TO: CT/_ ��u� G�srT. N..JII� 1J FLIV rJ F.� WE ARE SENDING YOU ❑ Check prints ❑ Prints ❑ Originals ❑ Specifications ❑ Copy of letter ❑ Change order ❑ copies date p description €rJes2AC_ TeF✓A(LN/ I..•h(, f DFiF�tr.fw�,TIV� / — ��c�,�n✓1 �.,+bp2 SvacN4rz4�r Ei4�>nc�✓�ti FFFEc7ry= r�,'.2rL I 1445 :N2a.,G.l haa<n ? I tore THESE ARE TRANSMITTED as checked below: �❑FFor approval ❑ Approved as submitted ❑ Resubmit_copies for approval ,e or your use ❑Approved as noted ❑ Submit copies for distribution /❑As requested ❑ Returned for corrections ❑ Return—corrected prints a check print ❑For review and comment ❑ REMARKS COPIES TO: SIGNED r%�i. DISTRIBUTION: WHITE-CUSTOMER CANARY-WORK FILE pIRK. READING FILE - . COLAROSSI CONSTRUCTION GENERAL ENGMEERING CONTRACTOR Co. Lick 742253 Ut. yic,# 273713 760o Rscht Carryon Rd. COhOlk CL Fbme k (909) 783-1823 Fax (909) 783-9171- To: Iry 8 g� Neer°f p#SQ' Inchxiir g This One: `� UDIAcossr- 06as4 . r - 7600 ier-a4 CraWoJ 4 i1 q - Qq p C.o�+o ►3 U ya,5a¢ APE R D U K A r9 p M t-AJT OF 'PIA SE N D'¢E � Ou P- .LC fft,e /JAfEO ld Q1- 4q o 0 s4AfED -- -AAA A + --Ac S fE �E hRVE hA06 PI" 5C- N 0 4,6-r �-� AAA g 5 A 3 o rd�,2 Co,vol -- o k No -f 0 (j 1? �.fi f1 dU;sc s fP A,) d � 'IF S �� cv ; u� YO A) Co � d� �r"oil dud � 1A4 +!G /�6J�A �, � ; i� e s ���p ::rx) c.4o P- �� . . o. San Bernardino ••••t••■a•r •u•.e•• •v ur••■r ■ 1 • • A • L M . M A f a Fib NL ObN•rl1 caaa.oi► -9~ MW8ft n Of Mrset Tram Wong Highland Avenue from 'E'Street to Waterman Avenue OMt�11� Thank YOu ttr 100 wfMt ue on Ocbbsr 19, 1898. to Mot" problems that have occurred ro�19 th• MIb�eC1 P*d. We 1401 that prognma has been made toward resolving our ro ILFrO n df work and cdtnpensefion for delay incurred due to changed n wa 4P"d Olaf Your company wN rawme work On Monday, November 1, 1999, and complete `t'**In ft O&M by Dooember 1. 1999, eo that our pavement rehabilitation project can proceed in a tlm■ly ntl ww yqr AgrOW to focus Yorr efforts on the area between 'E' Street and Sierra Way ti'MU M 11101116 PW Of the fahstiftbon pro)act We 1`6091Yad Yw FAVed melerlal rsgerd6lg 'bet time cosy. We will review the material and O Pact b ha••a Mepdrtpa by Odobw 29, 1999. 9 P" att for"Wes d01tvwW to the 0114, we have not received any invoices from you for W � you l 11 dslvered. As a result of the delay in receiving this bm Payment by Thursday October 28 as agreed in the m"aMV A*%M*, will of been advlaed by Our CDBG specialist that certified payrolls will be program P■Yrrwft. if you have Mhv gA*ft+s mgwdkV Wks matter, Plesee contact the undersigned at (909)384-5179 VVY Oq yatNr Mkolow IN tlallipr •��oa��we•nt Serv •■ io . . hlr1• n "" I r u1 .N• ••r r w Y l r...I r. . r r Y b w . • 111 Y \ l 0 I C • ■ Y l r P .M ... .1 I r r 0 0 .. ., < - -/q i�T�T. -♦ a . ♦ .'iR�.! s•'t�r'•A+�. ..h. �•c.`a. .. C City of San Bemardlno ` ' �IG Ato 7 37_ So C/o — Rapid Memo' To: �Li+�o S1'/ �,/S%ePrec7o.iJ From• ^�/�/ �//✓.Us✓� leirZ �a[JiYei Ext.f5i 11 ���� _Public WorkWEngineering Deg L _ Subjectf�' &e,r. ;� ,/y. 17-aFFit Date: Message: 1 Ate7 i+ la✓✓Ey "4607-IA LJegec ` OF iirF fi'f�.w�. �.2o✓�1io.e1 No 7f-Px- iMf fRtte✓M�r> �C Srt 2rsF[ r •LL /n Ge¢ry %n %wf el&7,"A I.0 Lw3e a 41.2CM4aCer A, a ' FfyU IIL.et vi KF.�Sat 2A iF1 Ci+7Eli fvei.a.l � ✓•1 fFjf<ie✓•r i/AL•L 1 /l5S :y.7,.,eEM / rwzC44 3/ loco Signed: v / Date: Response: Signed: ❑ No Reply Necessary ❑ Reply Requested ENW-IM (2-M p I _ _ e sE T�.NSH Z SS Z ON 1zz3=1 ".T 7i 3-7- sD4q, V-02-99 10:25 ID:9093845155 1 CBS PUBLIC WORKS DIVISION -SO E; NUMBER Z NF O R MAT Z ON 246 TELEPHONE NUMBER O K 93593591 NAME(1D NUMBER) 909-3595760 START TIME NOV-02-99 10:22 PAGES TRANSMITTED RESOLUTION 003 TRANSMISSION MODE G3 STD REDIALING SECURITY TIMES 01 OFF MAILBOX MACHINE ENGAGED OFF 02 '89 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 � CITY OF SAN BEIt1�rA�jjINO Developmanc Sei-�.1�� De 300 NO�rh C_ WnRK �ar[maat 'O- Stseu. Snn 8 Phona: (909) 3BR305>/SO>J d�no. Cull ratio 92018 _ °-� 1909) 3Bq_SpgO FAX TR°�NSI�IITTAL SHEET SUgIECTc /'�V iE27 ��Y/ieo< Your message •�� is Y z sio�-,a 987 O O�� 1 �OF,RNAROr� CITY OF SAN BERNARDINO ° Development Services Department Y o s PUBLIC WORKS DIVISION 300:Uorth 'D"Street, San Bernardino, California 92418 DG~DfD IN Phone: (909) 384-505715071 , Fax (909) 384-5080 FAX TRANSMITTAL SHEET TO: �I DA TE: FAX. 359�35�/ PAGES: FROM: AAo A140tW y SUBJECT:&A;7r,(&W Aoylgoz REMARKS: Your message here... Z ?N� ✓ hs /14c- tV00 Q�7 770A s 7V7 OK- 514 3sr -35y� -- °a+aarOf Tl STATEMENT OF COMPUANCE O[VAIRMpY Of TIwNlIJNTATaUN poor!IC-sr avv. req Dare l d-b-Ay snlfy wader laanahYdfmaNlY iwr..Mw,MI If.Ya IIITMIIpYw.upl,r that PaYanana dlM p—eo'k ed by s u........A,...wt rM-------- Ma du,nEth prsRsmnmeugmrbe_d.vd 19__and ending the_d.y of ,to_,At,pn.m,emph.yad s mad pale,M,e bad pd lh,r fdl esbI, —reed.that no rcb.ln h,e bean-1.111 h made.,fl 1 d:rwdYnr iMiree ly aaw on behdf d mid _ pa......�..vl H"foll 11unYlr.a[n e.de d by•nY pawn.M ahal s ddwNma beR hen male eirM,diraurlY w iMlre,lY Iwm rM Pub.AEn egad by any prmuvibk ddu,isa udereihd hlm. (S)Thal any p,nJh nIMr.M under Ihh ameratd"Weed,h n bwlnnl fw IM dove pnhd.n,e.a i and mmplelt IMP IM.aEe rut Iw "ho"'o'm.eMnm-mraisd Iherdn are sl by Ilan the ApplMbk.Ayruwsnwhd in am e.Ee demmwli-n Isapwaad.,6 s:r.,;tMI aM e6milk.a:n.1n Iwrh rber,n I.,—h 66nr or me-ludeamin"a wllb the—k bew.M pnlwmd. a[e3)Tut"-l-P""—empkYed inch do,,p,Al.re duly'Idearad Ina lan.m Ihlr aapewhe.hi,"raw m bereed eRh.V.te appmWnhlp 1 (e)That, OI WHERE FRINGE XENEF TS ARE PAID TO APPROVED PIANT. FUNDS. OR PROGRAMS I,addni.o to the how hearly waE,ram pid to.urh 66a11.A—loon,li,-d in the abx,e refe.oneed Pyrdl payeded.d f,vR "-In'at lured In Ih sws,hw Men or rill M male rn.pp-prura n,noea lw tM MMR d weh empbpea ease u mld In A —A(a)Ark.. IId WHERE FRINGE. RENEFIIS ARE PAID IN CAh9 ❑ Farb lilw,rp mnAaaM lured lnlM.Mm mfeps d prwll M•Men Nduiadinrd slM pyrdl•n amwu sl btbnlM apm d the apPlAr4W hur homy w*xr tab pi.,tM.xmmnl d IM n'niml I,."Mnnblt a•h.,d In IM a n.. .eanp As Md in Section N.I M6o. I.I EXCEPTIONS EXCEPTION It EXPLANATWN 1 H1M!ANU TITLE 1IGNATVIIF. On IM,rdl,.Nndd prdutt prnawbk dd.niw Ap.Ir/Iwd In Re[u6tYOL Pa,A IYR CF'R VMiah A4 M.d hY tM Sm,.rY d 4bar add 1M "MIAM A,.uamrdd IQ&at 948 W Vu.IM YS V.r W.TA Vat IS,40 11 XC Slfivl . 46..IM AnIVAI I.Mlislien nf.ny d IM.6a.e..h.way wbk"rbe.vara,w n,sM.nn.,w In pill w nim(sl pmecvrhn(ue Seclim IWI .d Tile 18 AMV hon WI d nde 31 dthe Uphd VAIn(i*I, 1-�JV�OW Q O U • u u o ` 0 0 . � o o i r O 0 0 I 0 i S O - Sn O O O O ol O O O O z O Q W - b < GZ lZW - 3 Y W_ O J _< oVW ...,.._, PAGE Bl FAX TO: RAYMOND CASEY OCT 2 5 1999 FAX(909)384-5080 CITY OF SAN BERNARDINO PHONE(909)384-5357 DEVELOPMENT SERVICES FROM: COLAROSSI CONSr Phone(909) 783-1823 F" (909) 783-9171 DATE: 10)25/" SUWECI': MATERIAL IIVVOICE SHEETS AVE STREET SCOApE PROJECT(E TO WATERMAN) SHEETS THE HIGHLAND 10 are the material invoice sheets that the city requested from Colarossi Construction (CC) so that CC can obtain a city check (ASAP) for Payments of the material. Summary MAMBoys 37.473.10 + 6400.77 + 268.34 = $ 44,142.21 - Vulcan Material (Cal-Mat) 1670.44 $ 1670.44 Trench Plate Rental Co. 577.50 Total = $ 46,390.15 Larry If You have any questions, Please feel free to call us at (909) 783-1823. wish to th Larry or harry Senior will take your call. If you Also a f m �nrumin9 ry Jr' you can reach him at his cell phone. ciated by Colarossi construction. As ofd��uent from the City would be very appre- fax sent to YOU regarding Lost Time. Y We did not get a reply from the ac: Mt Blake Hudson (Attmncy at Law) �.... i ..� •�1 w11:ry IN. PAGE 02 I, m son. tMC. ;309-1712664 P..at/NI ion 2. ratty AR[[T COMM rA 91719 'Q't M� M *-der xuv"r Oa6660 (109) 371-26sc at. f0o0 LEGACY- atwr . E 7ORAMRSt ottxtO LAND SmEm. snip To � N CA C92324 a41D COL'MSS1 Wxlxlfilt.SxO S'arET) ' OOlTO.x G 92521 MN 9EA00 � 1 L4 &�g5� r / netRalt I.O. te,lber � COIAR" LAM" Ship Via aeq Snip 0/T 08/11/W �arm Oner 'Date e v- ary " at, » (taw a . MotNxem 911/31/99 1 anwptiea 715 0 • • • • ' 0 0 0 1 1 • • • • . '+eft trait ►rife !xt. tripe 114 0 UM34 1105 666 OLACX OMrE WS 18• FRAME ' EA 214.6a00 26.9aa.20 ' G 6a.IS90 S7,Taf.62 "total E31.M.82 w wt ,1204 C11er7re f�00 Tam S2.NS.2a • �.t��w: Freiyl.t t.ao OWN OR alas ftw 19rf Own""to ft"emal, molum a"" Total 13r.H3.10 YA(-E 03 HAP says, INC. 19093712&74 o.a2�213 1027 f. THIRD STREET A/,wLBA7/s LISA U 91719 U b• SR LNV'ICE: 046672 19091 371-1296 EA'. DOW CCO M i M Inc. (9279) AI-2ff6 [A L. OOIA LEGACY- 79MAROSSi CQ11I11GNLAIO STREET)7600 RECNE CARn, Rp3p SHIP t0: C%TON CA 92W, COLAROSS: CONI4:6HLAND S'REETI SAN $UCo SNIP io TARO LH ACQO I T C57 P-O. "ER N1N! LARRi SNIP VIA REO SHIP 0/T 07/71/" TERM Lnwlc[ wr( rar,E 0'i OIAO Oir SNIP OTV DOrtl ITEM 40, 2%10M.'Nei5O 09/01/99 OE301IR/b1 1 1 S T 0 R I C A L • • • • • MIT MIT PRICE KRE AIC[ 1 6 5 SOGa FSIBLK 0 I 1 5068 12 1 0 150825 p 1112 DRS RLV EA IU.226 S!CT.23 250 2!0 0 ISOT1135NW 1112-115 I" 8258V RP FESCO A 84.76 $67a.8. 2.700 L D u6sw w sa 0 Iem N/9M3$ MANO 201.03 1201.03 700 0 I[N 36 KER:-DUE E4 27.3DOO 5377.60 12 R 0 h T UF14 WTIE WIRE - u 0.30 $41.00 R0 11,500 11,700 p 15040 C0IRACT[ $011 RD N/C7 LID rr 0,729 $72.50 500 700 0 10DW 11/7 SM40 PIPE PVC EA 171796 $255.15 6.700 4,500 1 30" PIPE P9 F1 00 0 75[0 C 0.2655 SLOS6. 170 170 0 4010D7 3/4 S[MW PIPE PVC FT 0.1655 SO2.75 15 15 0 407131 S/[ T 777 PVC IT 0.1117 $502.65 a a 0 401210 113/4 TEE SA rw EA 0.1786 $30.35 115 11s 0 [06007 1 1/2 K 3/4 T ssr PVC EA 0.38 $5.70 a 1 0 695013 9/4 N A PVC FA 1.2293 16 16 a IsmM "J 1 1/2 UNION U C.1406 $16.17 50 30 0 436075 ORS 1 112 A 3 NIPPLE EA 6.75 f54.00 36 36 0 [01270 1 1/2 NA Pw EA 3.35 353.°3 7.500 7,s00 0 14KAM 1 1/2X3/4 T 355 N[ EA 0.3676 $11.05 25 25 D 401015 Uri[ $LACK WIRE U 1.44 25 27 0 1 112 1 533 Pw IT $71.s4 2 2 a ULU 1 112 90 SS PVC a 0.0290 $211.50 0.6064 $29.,4 1 1 5 "LP CAL cRA9 c1uE 37e64 EA 0.61112 6 6 0 PAINT CAL PRIN[A 57904 Sa 22.17 113.03 1 I .MNRIAO PAINT EA $SA,3< O RD 19.65 $19.65 6 6 a 10p7T Pi PRE DOFF 6PITE7EA; FA 5.71 $71.56 4 [ D CHI5OLR0 I TEFLO/ TAPE [ U 9.5679 19.57 4 0 RTQT bAINTF cMCE OAU$ER U 1.0666 N7651 OT CAN U $6.40 1.620 $6.La EA 1.79 $7.16 SUBTOTAL 15.9[2.53 s'911Rd f1Y1 MISC. CHARLES $.00 TAX 95?.94 w FREL[NT $.DO _.R^�P yr,�M PYY1$f Y f9K P�P$SEr BARS.REI.wN.�P.y.5$ " TOTAL $6.400.17 PAGE 04 N i It SONS, Inc. 19093712SCA P.03,a3 1027 F. THIRD STRW tYA C9CUV CA 11T19 ��• 740'1 uu 110SI 374.'274 at. ODDD M i M INVOICE: CRleu (1091 571"2R0( SAt. 0000 LEGACY' �N►NLNi rL.9R)O�y.y„ CATOMR: _ [D[ARMSI CIIIRIDNIANI S,REFT;p 7400 RRCRR CARIOEI ROAD WP TO: COUCH CA 92324 CO'AR055t CCRILN:GH,AAO STREET; —• SAN RtRw LR ACCDVNT COLA" I.D. Rueu LARRY MIA VIA RED SNIP NT M/02/99 �F° INVOICE DAr 071 Olm OTY SNIP OTT th/NRt3O E RAGE ROTa ITEM ?Slo Miv1/p NO. , 0[SO{IITiON • ' ' ' M 7 S 1 0 R 1 C A L • - ull7 LW" PRICE EST MICE ° ° D 93X1 CONCRETE MS WHINGED C1 L/M [A 51.13 $249.04 SUITTOTAL $249.04 +tPORd/p: RISC. CRARGES m11RwTf!�UM/iR1 TAX 119,50 IR2IGRT $.00 TOTAL S2°°,94 TGTA_ P,03 ..w..,.._,�. ..�v�i PAGE 05 QOq T4ei 11fr"� 1cy IRr(oR-�� Dlr -to iVR S.le ": C1rtv7T try 8t1"t PON Seq..nb : 2u'ta1 a tatgw r� �; r gf, M. '" "If. RAW by 1.«ire at. Y M. Aa1. 17110 1.rnn RNeraee. M.a6.r 1 de DISC@= 1uMI/IW TN •utmr ..71 Dk. DNt. Ta..AS Me 1N 06 Wt Rftar Cu.t.«r 2A 71 oS 414"t Iiu 0i,r Inane, Strtu, a'•w..�„� A...nt Wren l alum WwaIrTIO, D'.D,t (111)-TAt-IeLj '�'- °'«""••• p0I 760 6X28 C1M M Dam, G41 01 li.it, 6Y ate Dan( 13-" 'M 31 Ust lee: 22-Sep-" t11itM Cl 9221 lot pay, 11-1:y�y "D Sale„ &VP-A6 t, -191.97 IN nl 3319t1S 1381p„ 21�1rt 6M 0 6M 6Y 6Y In.AN 1 IN 1328i3 1D-911 .114t'N ENO 1,IM1 RM �� nM 1cYN 21.0 31 DRYS I .���•• IN x 16-Sap-9931•tkt-91 6M0 /.N Lim, 21.M 2681 26r it 6 N 0AY6 6M0 8.11 6M 21.M Ame 220.a 3108YS w ArtJatt Total Tbl « 31 DDySJ All y afta iD1.M lua: r FIX 1. M M 1 M M IkYS (MEA 121 CNN 1131 18112'8N-M M-ea19q 21,36 T 6M 0.r no 0 3'1163 eJ.8e� 13.D1 4M Lr 111.f7 272.97 FM Kprt 6t IN SIM 17-e." 31.Ort y�1 13.31 T 5,24 0.M 8.88 111.97- 0.N 61 Ff8 IN 57741 *-*p-11 3ykt 19 1.16 r 6.57 e.M 1 7.31 M» 78.79 y p FOB 14 FrA IN 52111113'Dnp'1128'tkt 9l 7.) 7 3.1T It AN 6N Q.M 12.Y 3631 if OATS 8 I S y�JA.r FLI Alert 6t IN Uk" 16'6api1 3-Ort-11 7-„ 1 e.79 6r 0.N M 3i.64 ;x.64 21 M 8 I '!_- FN ItAIA 1%w 21-9e 2.64 A 0..M too 36.91 31 MYD I 14 36.64 F01 kwT 62 IN 3M H"H7 31.0:2-99 14.13 T 20.67 r 0.M 330.31 36.61 30 DA19 1 •. 6ralect ikd w 1217e i-77 78tkt-A 18.23 T 11»5.87 LM Gp 331.91 44.11 354.91 3M.µ 3 DAYS 354.91 38 DAYS 411tnl 010" IMLM i I.N 1410.41 DN,S N DI1i OWED I& « C«1N.r Total w � Las 0.M 664 CRl•�I �CtIW Arens. Payatllt Dar„ as 'I• 81111 dNBtMT 1678.1{ 6• 60 3671.47 0.M Y &" 128 0.M ''61( 5ia aca ,a A: a Sp('1vp D0 11 (e;Oh/ 66 . SL 1Jo r� nb �pE M .E co. ��Np;;7 a�tl•1�iDa T�vwr BID LLI IMIUINWYkBBB'833.3',?7 CILTO $tatraent °/ llcceunt s: i'aB .'.rrtlt� i LO9` 1 Date -Paid Conkract � V3;3tli 99 D►s<*ipkten �11'BBBf+%-H I X 4, S ly_pur �. .. !PU t !M.r; 1 I IF171LLIG 7LIIFIESi - y'::3a: utc.r! ` U hAOE Ilry DIESf1Q�, "I�CikTE Yp1N IMIXIS AND Lmf FDRIM TII $ RYIt6 YOU lYi1IN! n,. Current—ever 57).511 4-0—�-.Over 60_ .rrr 9/" a:a 3ur� Itll L that payaent has been lede aERNAR�IH ` l O c I T V 0 an Bernardino OE V L 0I ME NT SE RV IC E OEI AN T ME NT M 1 C M A E L E M A Y S 0 1 R E e T o R October 21, 1999 File No. 7.37-5040 ` Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Subject: Installation of Street Trees along Highland Avenue from "E"Street to Waterman Avenue. Gentlemen: Thank you for meeting with us on October 19, 1999, to resolve problems that have occurred relating to the subject project. We feel that progress has been made toward resolving our differences concerning resumption of work and compensation for delay incurred due to changed conditions at the site. It was agreed that your company will resume work on Monday, November 1, 1999, and complete work in the Street by December 1, 1999, so that our pavement rehabilitation project can proceed in a timely manner. You agreed to focus your efforts on the area between "E" Street and Sierra Way because that is part of the rehabilitation project. We received your FAX'ed material regarding "lost time cost". We will review the material and expect to have a response by October 29, 1999, Regarding payment for materials delivered to the site, we have not received any invoices from you for tree grates which you indicated have been delivered. As a result of the delay in receiving this information we will be unable to authorize payment by Thursday October 28" as agreed in the meeting. Additionally, we have been advised by our CDBG specialist that certified payrolls will be required prior to release of any progress payments. If you have any questions regarding this matter, please contact the undersigned at (909)384-5179. Very truly yours, Michael W. Grubbs Senior Civil Engineer Cc: Michael E. Hays, Director of Development Services Ray Casey, City Engineer C o I epry 1Njngson, CSOp!�trurftipn lgspectoj 19 0 6) S E A . S 1 S T . I A ; ; S E A. S o E o / I V E L I C N A R O 1 N O, G A L E p 2 1 I E W OIIKi IA K : SE A.3 f EIVVV ! ..a..., rl-kat d: FAX TO: RAYMOND CASEY FAX (909) 384-SM FROM: COLAROSSI CONSTRUCTION 7600 RECHE CYN RD COLTON, CA 92324 LIC. # 742283 PHONE (909) 783-1823 FAX # (909) 783-9171 DATE: 10/20/99 — SUBJECT- LOST TIME COST BREAKDOWNS FOR LABOR AND EQUIPMENT THAT YOU REQUESTED. Aa You"quested Mr Casey, please find the cost breakdowns that occurred between the dates of Sept 17 thru Sept 29. I (Anthony Colarossi)still believe that this job has caused CO11111101181 Construction fitrther delays because of the fracturing of our work force due to the change conditions and the delays that it has caused. In time, I am sure that Colarossi Construction will be experiencing this matter. The total coat came out to be $18,089.52. CAL-TRANS QUOTES Because the Cal-Trans equipment estimate was very low, I retailed several equipment rental cOmPanies(as shown on the next page)and you should see that our rates are very clone to several other btrainesses. Furthermore, we have been renting equipment for several years and our company rates are better than all the rest (note several years of cxpeneace with equipment and the headaces they cause). Note, most of the equipment that we rem out are excavating type(backhoes, loaders, equtPnwd; however, we did obtain quotes for thegsmall ) ui are not experts in the small and delinestora equipment except the safety board DELAY RATE FACTOR I am not familiar with this factor, but it sounds like a factor used for equipment cost sums that include equipment not used for a certain time period. Our equipment cost sums include equipment that we were anticipating on using for a certain day, thus if we had to rent this equipment for 1 day, we must Pay the daily rate. Note, this job is the type ofjob where the backhoe may work one day, but not the next day. In closing this subject, we will not charge You if the backhoe was not used in a certain day. A11 in all, Please look this over and give me a call if you have any questions regarding the this �Yt�s else. Thanks Mr Casey and I look forward to hearing your thoughts on SilsoareN. Aitthaty Cnluoati '// Hgptt-oney a ZC1C�:BWh&1C ( /z9-X112 Cv+ -,ol ct-7 7 � ! & _ � � ! ■ } - � a ! ! bui C! # - - � A # # @ # § ^ 2m8 888 ! a � I0 • § Q � 2 : § e _ 2222 | � r ! e 2 Cc & § ! 88 � n Cob A s -a . _ kk � ! § 2 { k | { \ q ■ ■ # # a8 § # ƒ Sr m @ ! } � ` UD - | - � . � ƒ I ƒ » � � � ■ ! - a / ! | � « a • 2 � k � . �J ! ■ � | | � � � I ! ! � ! PAGE e - ■ m � s ■ � , Es J k � § § ■ � § � I � . & a ■ 8aa # aa - ■ aaaaaka . I - 2 a � @2@s coo) 8a ■ # § 32 . § K2 § § § k � a \ � . 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N C g8O8 $ 88 _ h N r• H � � � N � � ^ � S N N M N V r � � O O O o Op S S N 3 _ � g NON tO � N ry01 Fp • 0 • • • • w y H 0 0 0 0 00000 n, 'R � + n n aei my $ � Cai m � moimai .oco I u x 4 O x f° ooNO X725 o $ U! m g go $ p° 0 ° w O nT •. e � � rp roh U 8 _ F � y N .1 N N N .O N of '� �' • O N m .! l7 N N "� `• a O J O O w • • • • • N •` r O WWW ^ Y Ld CL U A ' Lr) Y L Y C O J O ° A a ° < ° pp � uEg Mo3 ' S13 10 W 4 0 N N Q n i1 an U y � c U u L i. e ° 0 .O 0-1�y g � •g � � � W � e gntaa Vl �-. WFLiir 9 6 ° v1 s e $ 0 = �- ° v1 O Zi !o PAGE r � � kk2 ■ kk § kk & # a # aakaa - 2 aaa * a ■ � k . � / 2 55 § ktkk § � 2 aJ & : 16 1080880 ■ a § 22 § 2 - , . � § B ; $ r � ; ; ; ¢ � 4 ■ ® 22222222 . • J � n ■ ■ ) mA tv 2 / ! # ; � § ! f mm § § ) � « § \ � Aa , I cob e % Alm § / , a 3E is a � . 2 ! ■ ! ! . ■ AQ0wt6 § P _ ƒ � g _ $ a � ■ w 2 b ® - © % ■ ' ; �` , k2 ■ k ! _ qu . ■ wj k / ! � / �� I � ■ �I - o ■ - � = � lfa PAGE _ ■ K s ^ § } . & a ■ # asasa $ ■ aa * � # ak . ! / — J � ® ■ -- � ; 7 ; � � � @ � a J J ;D = CD a � � $ K ! § � 7l � § � ; J ) ■ $ ( k ■ 2 £ a � J | ) k ja2 ; � 4 \ 2 ƒ ■n ƒ fi . § V2 / 2c \ 0 q ! � 2 � � 2 g on sa � ■ Cl 2 k imci J � ■ ) 77 � l7a ! ! • ) tit a 3 ■ � � z = ! ! a .....".,..ti,i ..�..., PAGE (19 Hh 1 nd Avenw c __- � EIULN worst ls-m t Trans Eq, ipmeet R _tal Rates FaYY1QlLietif Cod I%ou �y to Delay pte Traffic Control Safety Devices • Amowboard w/trailer(TRAFA FLAS ) TM $2.86 • Cones-28 inch(TRAFC 2TC)PER 100 B100 .30 S10.30 .30 - Backhoe John Deer 410 w/backhoe 2508 $16.41 .30 Compactors(Wacker) Hand Guided (COMHG COMP) 250 $4.45 .31 Dump Truck(2 axles) 3 AXL $17.54 .32 Ditch Witch( Model?) 9 S 17.40? .26 Water Truck 12701 16330(36000) S 15.56 .32 Air Compressor&Jackhammer 76 to 118 016-025 $ 10.25 .50 Bobcat Skidstccr 753 Code A,General Rate(Tractors,Industrial, 24 Farm& Skid Steer) 30 John Deer 410 w/Backhoe- S 16.41 per hour @ 8 hours= S 131.28 Equipment- 10%overhead=S 13.13 Total cost per day =$ 144,41 I l4lu Costs @.30 delay factor =S 43.41 One superintendent @ S 38.00 per hour plus overhead-S 45.00 S45.00x8 = $ 360.00. Subtotal $403.41 Overhead @ qp% $ 161.36 total daily cost $564.77 =R A_1SM I SS I OH REPO OCT-12-99 15: 50 10:9093845155 CSB PUBLIC WORKS DIVISION JOB NU ME3 EI2 1 1 4 I I�IFOR MAS I OI�I CODE OK TELEPHONE NUMBER 97839171 NAMECID NUMBER) 801634919 START TIME OCT-12-99 15:47 PAGES TRANSMITTED 004 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 03 .40 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 004 49-1 �an Bernardino Oo[abcr 12. 1999 File No. 7.37-5040 7600 SSI my. SIkRUCTtON '1600 Rechc Canyon Road Colmq CA 92324 iTE: INSTALLATION OF STREETSCAPING ON FIIGI3I_AND AVENICTE FROM -E^ STREHT TO WATIiRMAN AVHNUE Dear Mc Colarocsi: i haver wad your lener dated October S. 1999, re tyed yesterday; and have dixuaccd the situation with the City repracenta[ivea who havoc 1,. in CmItect with you and your raps rnutivee on tltia proj at. My mterpretatiop of your letter and those diseuasiova is that you Nava decided not to abandon the p jecq which is wdcome Wawa. If I understand you! c em c rvs properly, aRCr raturttmS m work e,n October 5th, you became unc mrortablc widt III- mutual agroemem raaclted at our September 29th m.ctittg mgardmg [he project daily production goals (sea anxhW letter dated October 4, 1999). From the Ciry'e pentpective. those agreed upon production lavele were mean[ to be somewhat acxible gusts[o holy us monitor the progtesa or[ .project. C)1[imately, the City stall tecogrtizod in that lcttar, that you have mun[erad •changed ortdition" as preacrit, d in iha Standard Spacificatiorts for Public Worker Comm[tc.[ioe.•We [hen agreed to delete the '�rmdung and HxKtillill"' a lump aunt cos[ in the contact. and to pay You on a "tune and materials^ basic, for this item of work alTected by the e)tsngetl condition. The Ciry alto recognized that the ..mraemr is due additional working days related I. the o erall production goals and delay coats as dated v...this m III. d condition. Of course,[his down not preclud. your F £nom requesting another chmga m iha contract for additional working days should you a oun[ other ax aordirtary aubaurfnce condiKOZU not evrretrtly etoounterad o comemplated as you auggen[cd. u r Due to the uPemnina holiday season, w m for the cost of the project, and elan bacavae w have auothcr proj..[ sch.duled in the same location on Highland Avenuq it i imperative that yo..r IIrm rartu-[ter m work on the pznject it-m.aiatoly if it,is your imemion m complete the job. gyp;eF,RNARp��n } A CITY OF 4�DC�LED IN �0`` Z - 5an 15ernardino DEVELOPMENT SERVICE , DEPARTMENT V M I C N A E L E N A Y s D I R c C T o R October 12, 1999 File No. 7.37-5040 COLAROSSI CONSTRUCTION 7600 Reche Canyon Road Colton, CA 92324 RE: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE Dear Mr. Colarossi: I have reviewed your letter dated October 8, 1999, received yesterday; and have discussed the situation with the City representatives who have been in contact with you and your representatives on this project. My interpretation of your letter and those discussions is that you have decided not to abandon the project,which is welcome news. If I understand your current concerns properly, after returning to work on October 5th, you became uncomfortable with the mutual agreement reached at our September 29th meeting regarding the project daily production goals (see attached letter dated October 4, 1999). From the City's perspective, those agreed upon production levels were meant to be somewhat flexible goals to help us monitor the progress of the project. Ultimately, the City staff recognized in that letter that you have encountered a "changed condition" as prescribed in the Standard Specifications for Public Works Construction. We then agreed to delete,the "Trenching and Backfilling" as a lump sum cost in the contract, and to pay you on a "time and materials" basis, for this item of work affected by the changed condition. The City also recognized that the contractor is due additional working days related to the overall production goals and delay costs associated with this changed condition. Of course, this does not preclude your firm from requesting another change to the contract for additional working days should you encounter other extraordinary subsurface conditions not currently encountered or contemplated as you suggested. Due to the upcoming holiday season, concern for the cost of the project, and also because we have another project scheduled in the same location on Highland Avenue, it is imperative that your firm returns to work on the project immediately if it is your intention to complete the job. 0 C N O R 7 - D 5 T P E E T . S A N t0041444 •E357 • FAX : SSA- E040 / PMRLEC WAORRK • FA;CSSA•X1 $SE , IS 0 OCI COLAROSSI CONSTRUCTION INSTALLATION OF STREETSCAPING ON MG13LAND AVENUE FROM"E^STREET TO WATERMAN AVENUE OCTOBER 12,1999 Alternatively, if you wish to abandon the project, please let me know within 48 hours so that we may expediantly proceed toward terminating the contract and pursuing the bond for this project. In addition, our deadline is also tomorrow to submit all necessary documentation in order for you to receive payment pursuant to the initial pay estimate for this project. Please contact me at (909) 384-5 111 if you have any questions. I look forward to working with you to complete this very important aesthetic improvement to Highland Avenue, in the City of San Bernardino. Sincerely, RAYMOND A. CASE City Engineer RAC:pa - Attachment: Letter dated October 4, 1999 Cc: Henry Empeno, Deputy City Attorney Michael E. Hays, Dir. of Development Services Steve Enna, Construction Engineer Jarb Thaipejr, Civil Engineering Associate 2 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: STEVE ENNA, Construction Engineer FROM: HENRY WINGSON, Construction Inspector SUBJECT: HIGHLAND STREETSCAPE PROJECT—STATUS OF WORK DATE: October 11, 1999 ,/FILE NO.: 7.37-5040 CC: Ray Casey, City Engineer On October 5th, 1999, around 4:15 p.m. to 4:30 p.m., I drove down Highland Avenue to see the contractor's progress during the 5-week period that I was off this project and on another assignment. I saw that the trench work on the south side of Highland Avenue had reached a point east of Pershing Avenue in front of a vacant office building. The end of the trench was covered with a steel plate and 2 delineators. At that time of the day, there was no work in progress and the contractor had obviously left for the day. HENR WIN e1/�/jj Cc ton Inspector HW:pa CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: STEVE ENNA, CONSTRUCTION ENGINEER FROM: HENRY WINGSON, CONSTRUCTION INSPECTOR SUBJECT: HIGHLAND STREETSCAPE PROJECT — BROKEN CONCRETE ON SIDEWALK DATE: OCTOBER 7, 1999 FILE NO. 7.37-5040 COPIES: This morning Jarb informed me that he saw a pile of broken concrete on the sidewalk on the south side of Highland that was not barricaded. I phoned Larry Colarossi, Jr., at 09.55 on his cell hone number, and conveyed the message. He directed me to call Larry Colarossi, Sr., at his home phone (783-1823). I did so and got the answering machine. I left a message stating that the pile of broken concrete presented a hazard and liability issue and that it should be removed or barricaded. I also left my name and phone number. This memo is for information purposes only. HEN1;rWL NGSON 1%ass Construction Inspector HW:pa P.S. Received the following response on my voice mail at 10:42 a.m. :- " Henry, this is Anthony Colarossi returning your call. We have no idea what the heck is going on right now, O.K. Your guys stopped the job. You want us there ? You don't want us there ? What's going on ? Why don't you get hold of your Engineers ? They've got everything screwed up here. Good-bye. " In view of the above I have requested Ed Stone (Public Services) to have two barricades set at the location of the broken concrete, which is east of the D/way App, a: S.E.C. of "D" St. on Highland Ave. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: MEMO#2 - TO FILE FROM: STEVEN ENNA, Construction Engineer SUBJECT: HIGHAND AVENUE STREETSCAPE. DATE: 10/5/99 The following is a sequence of the dates and events that occurred on the Highland Avenue Streetscape since 10/4/99, on the Highland Avenue. Monday, October 4, 1999 I telephoned Larry Calorossi Sr. to discuss when the contractor was going to start work on the Highland Avenue Streetscape. At the meeting last week it was agreed that all of the previous trenching that was performed as well as the remainder of the trenching that needed to be completed would be done on a time and material basis. The contractor was to submit extra work sheets for the nine days that trenching was performed. Also, the contractor stated that he could trench 300 lineal feet per day using his method of trenching but that crossing the intersections would take longer. It was agreed that the contractor could complete the work at each intersection within 2 days. On October 4, 1999 a letter was sent to Colorossi concerning these issues and asking when the force account work was going to start. At 4:30 P.M. I received a call from the contractor stating that he had not received a contract for the extra work and that at the meeting Colarossi Construction did not agree to a performance level of 300 lineal feet per day, that the contractor would not agree to any performance level and that the work was to be force account and the City would have to pay the contractor on this basis alone. I stated that the contractor had agreed to this arrangement and he was not bargaining in good faith. Larry Colarossi Sr. was adamant that he did not agree to this and that the City would pay his company on a time and material basis regardless of how long the work took. Tuesday, October 5, 1999. r (- I discussed the issue with Raymond Casey and it was agreed that the contractor was not acting in good faith and that we should send a 48-hour notice to the contractor for non- performance. PAGE Bl l Fr-l- e- %Ie Eti " C-� Tt3� Po-5es ��v� . � I c� rass � �VLS�►'v� ,, _ P4GE 02 FROM: COLAROSSI CONSTRUCTION 76M RECHE CYN RD COLTON, CA 92324 LIC k 7422M TO: CITY OF SAN BERNADINO REPRESENTATIVES DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION Subject: Contfuion on San Bemadino Streetscape Job Dace: 10/08/99 - - Dear City of Sae Her admo ReprnWfttaftves This kttw is to inform you that we have umxoessary confusion bonding on the Streetscape job on Ave and we Oeed&W back from you, which we are not receiving. This confusion is stem- rmug&M the&M that COlaroaai Construction is trying to get in touch with Steve Enna (his phone raanber is not Correct(909) 304.5225 on his certified letter). Steve win not return our calls. Also just yesterday(10-07-99� Anthony Colarosvi tried to have an i wuth Henry Wnkson), and he too did not can us beck. The inspector can him back(I left a message of this letter, I hope, win id why we need idbr ation from the City of San Bernadinoidentify MELTMG ON 09n9/99 On the 29df of September, Cotarosd construction want Piers front C (Only 3 tttembers showed because the city didn't which wu stated by y darosd Construction t`hs ow UP at the 29th of September meeting, —' -0 <;,f Steve Ferrer, and a public representatives at the 28th of September meeting)met with Ray Casey, Works rrpresattative. This meeting(29th)concluded that the City was going to Abeadoned the ten(10)PCO's(idea iSed by Colprossi Construction& requested by the City )and turn the trenching imo a time and materials job -hay C also said Something per day utnd2 drys to cross n, and i C�� C-olaros�iIsspecifically said to Ray s, owetare of 8�g to Bee anything because we have no r ea wlmt si ahead of us. At this point it seemed that everyone warted to leave the meeting, but I know that we had a lot of unanswered questions, Eke the fdbwctg; �J S? We treed to cut asphalt deeper(What about time for that) We rounded to speak with the other partners(since they were not welcomed) 3.. Ne�t�at the meeting;thus, no decisions were nude at meeting) �ieL �� inspector going to inspect W and verify T&M 4. When are we going to get th�uts)7 something m wrtttng (We need to know cities �r 7 7 `'—� Why's eve going back to Plan derails ell `6 Q Does 300 ft include ( fill changes are changed) Since C ad�h Pang or just back611 ? o� Construction iddenti8ed several problems encountered(which a mvenWatm w'pald Lave pa+dad and aidrd easiaegs is develnpiag a toe co ndi T'yE d/itrt�iCC . SO nalir mQ�i�°n c tPecx @ Plem,�esfinate,and inn rKIMa catimate and �9v/✓6,' /7W Cr'Y*AQ&e and plan d attar)on (City agreed Change wtiy wo04 the Ave C cto Conditionle i °�'SdP W. This Job greatly cmpacxcd our October schedule. C4--If* (r>iO 7' p CHr9niGEU Go..v/%/p�, /r WORK ON OCTOBER 05, 1999 BUT NO INSPECTOR OR ENGINEER SHOWED UP ON JOB SITE mteraection (location finished C to rePresef1tativts arrived at Pershing and Ff�ghland depth of 7 to 8 ' n8 [ SLOP Work Notice)and started to cut asphalt to e uwhea At about 9 nr 1 ' Anthony Colarossi notioed a San �� tear the oil iho and tin Looking at us saw tutting the asphalt. Anthony o kept o City truck 4 r L warn to talk �g�but 5�ti 's�Ouse it scanod that the driver did not 1 16Bhland— Anthony shut down the saw, the rrUck sped offgoing Fast on "W itt the day, a W&P representative Mowed up WW warned to know were the water meter is going to be ins a and when can he do so. tot who should be Aot1y in�rtned this person to get in touch with the inspec- Co4roaa Ming arty time. Colanossi Construction packed up the job at about 16-30. and We began to pimple that �suppose wed that they did not we an inspector all day on I0-05-99. from the City veYifying our TaM le km Ns job(at this time) because there is nobody SEVERAL, PHONE CALLS TO STEVE ENNA AND CITY a&w and other City the S >Co�ssi Construction made ynQ>il phone calls to Steve Enna hos eva Representgives because we were not sure what is going on. Most of the calls were °./L� to caN thus when the�Y said they would back with us they never returned the call or we back(the next day)to we what is going on. Note,some calls that we made were TOWnscd Steven cones se"ding leans to our office, like the one attached, he will not inform us '-whst be wattts nor what we we suppose to do. STEVE ENNA ACCUSED COLAROSSI CONSTRUCTION OF NOT STARTING THE WORK WHICH IS NOT TRUE As rated on Steve a letter(attached to this report)2nd paragraph Stele said that as of October 05, 1999 Colatoeai Connrtction bas not started the work,however, Larry Senior R Junior, Robert, and Anthony Co4rosai were cutting asphalt from 06:00 to 16:00 on the 5th of October. 7 hus Steve did Rot come art to H3ghhuW Ave(were he knew where we aided work on the 22nd of September) beOatie he would have sera the electrical armwboard(which we ended up obteinuttg to please him). Notq Colarnsy Camstri'"on had the right lane closed off Prom mid Arrowhead to past Sierra on the South side of MgWAW Avenue. 3u°caeniy ++y-� Anthony colrori ZT wA� AG CEE1> 7fiir cumxT In.7Yaeeng QFJ7/ G.Ou[.v M GET 1�/E.t/f " � - � 7,3�sv�'� ,�� �� � � � � �e `� �l�J� �. � I Grass �1nS��v�.}`��a .,� � ' � �� Page S I FROM: COLAROSSI CONSTRUCTION 7608 RECIIE CVN RD COLTON, CA 92324 LIC 0 742283 TO: CM OF SAN BERNADINO REPRESENTATIVES DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION - Stbjeot_ Coafuaon on San Bernadieo Stroetscape job Due: Dar city of sin Battadino R va This letter b to inform you that we have unnecessary,co on building on the Streetscape job on Ave and we nqd(eed bud:from You, which we are not receiving. This confusion is stem- ' mumg$om the titer that Cderosa Construction is trying to get in touch with Steve Enna (his phone tartffier u not otxrect(909)304.5225 on his certified Letter). Steve will not return our calls. Also just yesterday(I0-07-99), Anthony Colaroui tried to have an inspector can him back (I left a message with Henry Wdkson), and he too did not call us back. The remainder of this letter, I hope, will identify why we need information from the City of San Bernadine. Bernadine. MEETING ON 09/29/99 On the 29th of September,Cdatossi CoounxriOn(Only 3 members showed because the city didn't wattt an the Partners from Colarpssi Construction to show up at the 29th of September meeting, which was stated by city representatives at the 28th of September wing)met with Ray asey, Steve Enna, and a Public Works representative This y going to shandoned the ten (10) pCas i ntKUng(29th)concluded that the City was and mum the (identified by Colarossi Construction& requested by the City dry and 2 days into a time and materials job. Ray Casey also said something about 3 00f per intersection, and I(Anthony Colarossi)specifically said to Ray, we are not Big to guarantee anything because we have no idea what is ahead of us. At this paint it seemed that everyone wanted to leave the meeting, but I know that we had a lot of unanswered questions, like the following; 1. We need to cut asphalt deeper(What about time for that } 2. We needed to speak with the other partners(since they were not welcomed) (1 said this at the meeting,tats,no decisions were made at meeting) 3. New inspector going to inspect us and verily T&M 4. When are we going to got somethtng in thoughts) writing (We need to know cities 5. Why is everything Bong back to plan details(all changes are changed) 6. Does 300 ft include asphalt patching or just backfill ? 7- Since Colarossi COnmuction identified several problems encountered (which a bmde iaKaiptim would tae provided and aided rims tire.a meahadc = O'a's to u8 a truer wadi sDad!plans enpaeen mimµe,and wntractoms estimate sdlmkk and pike of aaark) On a� Ave (City agreed Change Condition why wont the city help m. Thisjob greatly unpacted our October schedule. WORK ON OCTOBER 059 1999 BUT NO INSPECTOR OR ENGINEER SHOWED UP ON JOB SITE On the 5th of October, Colarossi Construction represmtatives arrived at Pershing and Highland m[mec6o"(loco m fff"bed prior to being sent Stop Work Notice)and started to cut asphalt to a depth of to a inches At about 9 to IDAM, Anthony Colarossi noticed a San Bernadine City truck parked near the old 1HOP restaurant looking at us saw Cutting the asphalt. Anthony kept sawing and d*WW to find out who and why this city truck is their(because it seemed that the driver did not want to talk with Anthony),but when Anthony shut down the saw, the truck sped off going Fast on F46lasd. Lets to be in the dry, a W&P repracmative showed UP and wanted to know were the water meter is going irrataNed and when can he do so. Anthony informed this person to get in touch with the inapoc- [cu ensue should be arriving any time. Colarossi Construction packed up the job at about 16:30, and Colarosai Conam+otioe Rcpresontatives noted that they did not we an inspector all day on 10-05-99. We began to dmik that we are not suppose to be on this job (at this time)because there is nobody !hall the Ciy verity"our T&M and schedule, SEVERAL PHONE CALLS TO STEVE ENNA AND CITY Prior and altar the 5N of October,Colarosai Construction made Wveral phone calls to Steve Erma MW other City Repreamtwvcy because we were not sure what u going on Most of the calla were returned;however, when the city said they would get back with us, they never returned the call or we had to Call then bank(the next day)to see what is going on. Note, some calla that we made were never returned. Altbouph S tvm combnUe'sending letters to our office, like the one attached, he will not inform us what be wants nor what we are suppose to do. STEVE ENNA ACCUSED COLAROSSI CONSTRUCTION OF NOT STARTING THE WORT{ WHICH IS NOT TRUE As noted oa Stevda letter(attached to this report) god Paragraph, Steve said that as of October 05, 1999 Colatim Commucoitrn has not started the work; however, Larry Senior& Junior, Robert, and Anthony Cala ossi were putting asphalt from 06:00 to 16:00 on the 5th of October. Thus, Steve did not come out to K'Shlard Ave(wen be knew where we ended work on the 22nd of September) beeM Co.-h would have seen the dochical arrowboard(which we ended up obtaining to please him . °� CM36 Construction had the right I ) Sash lido OfKrghland Avenue see�� off from mid Arrowhead to past Sierra on the Sunuoerdr Anthony Col VIW Hngetee-lo-]}aw" • rw� Y� I 1 CITY Of San Bernardino DtraL•r•a ■r ""'Cas Du ART- the ._ ■ 10 ■ A a L a . M A A Oulobw 5, 1999 File No, 7.37-5ob W. Lary Caionasi Sr. OOLAROW CONSTRUCTION 7600 Rsohs Caayan Rea COKM CA 92324 REF- INSTALLATION OF STREETSCAFING ON HIGHLAND AVENUE FROM -E- SIRE r TO WATERMAN AVENUE. Dest Mr.CoiWe", Colarnad Coaatmotion was to start trenching on Friday, October I, 1999 This work is to be performed on a time and material basis, with a performance level of 300 lineal feet of trench per day. The City also allowed 2-drp fat trenching across each of the side streem dOf today. may. October 5+ 1599, the contractor has not started the work and is not working ientty tmvsrds the completion of this project. He is not maintaining a work program that will ensure tint the project is completed in a timely manner,and is not acting in good faith. This is to Serve as notification that COIAMSsi Construction has 48 hours from the receipt of this letter to start Perfomtmg the trenching operation under the terms that have already been agreed upon. or the City will considac the contractor in default of his contract. If you hsYe any questions picue call me at(909)304-5225. 3moaNy. g �` L� Cc: ...Mia.el H.ya,Dniectm of Development services � Casey.C;tYn[xr Deputy City Attorney 19gat Morales,Combuetion limpeetar 1[ 1 I I I I a as S A N ■ [ a N A i D • t : IY • Lie ■ Oaaa IIA. 1111 I /AaS�A .11 [ 1 e i T V O F San Bernardino Da rau F•a wr wwwrrea• Oal�wTaawT rt as ■ • rA• • a ■ . M • y October 5, 1f99 File No. 7,37-5040 Mr. Larry Colatoaai$.. 7OLAROSM CONSTTtUCIION Colton,CA X24 Road REF: MTAI.LATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E"S1RE[ 'I'TO WATAth(AN AVENUE. Dar W.Colrori• CoLmyi Cooatrtretion was to start trenching nn Friday October 1, 1999. This work is to he perfo med on■ time and material basis, with a per.f��nce level of 300 lineal feet of wench per day. The City also allowed 2-drya fat werchmg across each of the side sheers. ` s of tody TUex ay October 5m 1999' the contractor has not started the work and Is not working diligently towrds the completion of this protect He is not maintaining a work program that will ensure that the project is completed in a timely manner and is not acting in good faith. �a "to serve notification that Colarossi Construction has 48 hours from the rece pt of this Inter to g bsctor in default of under the terms that have already been agreed upon, or thr City will Pert consider the the "'M or n operas of his contract r If yott have arty gttntions please all the at(909)304-5225. Sinecrely, ! tg�NAA� Caa.trtppdo BWAW Cc: Mabae1 3� Nays.Director of Development Services Ray" Jr'D utY Ci r Bert Mona ea. "`n"city Attorney Consstction fnaptxtor. 16 6#2 sal 0 0 N 0 a 1 M 0 na 1 r R f t 1 3 11 O a r M N \ 0 N O . \a ir . I : ta\- Iaof r F V a l I C TTF NSM I SS I ON 72EPC :Z- OCT-05-99 17: 11 ID:9093845155 CSB PUBLIC WORKS DIVISION .J CD,E3 NUMBER G3 I hIF OR MA 2' I ON CODE 008 TELEPHONE NUMBER 97039173 NAME( ID NUMBER) START TIME OCT-05-99 17: 10 PAGES TRANSMITTED 000 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 01 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 00 ,00 THIS TRANSMISSION WAS NOT COMPLETED. PLEASE RETRANSMIT. LAST SUCCESSFUL PAGE 000 CITY OF SAN BEItNARDINO Developmeae Services Department .[ 300 el"oi[A �O�Sr�rr[, Sun 8rr['nr��.:o. �l{f9rnlu 92JlB PMnr_ (9051 33-s-SI!! � F¢c (9pg� J8-s.Sl SS FAX "TAANS1vIITTAL .^+>FrTi'FZ- PAGFS: �_ SX BJECTe ST.e,E ElSr�4�i�ciG O.cJ f!/G NGA.c/D AI��vf/�' �.E O/y "E �ST-GENT 7"O !�[-1.47"6-pi7,4iV fJ7�L�.vc�C � 12EtiL�iRZCS: : Your message hare._ � 1 i II I I r Its I ' J _i I . ��ef.RNArtp�HC O C I T v O F Bernardino 0 E V ELO P U NT SE AV C E9 0E P AAT MEN T M I C N A E L E N A Y s D 1 A i C T O A October 5, 1999 File No. 7.37-5040 Mr. Larry Colarossi Sr. COLAROSSI CONSTRUCTION 7600 Reche Canyon Road Colton, CA 92324 REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE. Dear Mr. Colarossi, Colarossi Construction was to start trenching on Friday, October 1, 1999. This work is to be performed on a time and material basis, with a performance level of 300 lineal feet of trench per day. The City also allowed 2-days for trenching across each of the side streets. As of today, Tuesday, October 5' 1999, the contractor has not started the work and is not working diligently towards the completion of this project. He is not maintaining a work program that will ensure that the project is completed in a timely manner and is not acting in good faith. This is to serve as notification that Colarossi Construction has 48 hours from the receipt of this letter to start performing the trenching operation under the terms that have already been agreed upon, or the City will consider the contractor in default of his contract. If you have any questions please call me at(909)304-5225. Sincerely, � l STEVEN ENNA Construction Engineer Cc: Michael Hays, Director of Development Services Raymond Casey, City Engineer Henry Empeno,Jr.,Deputy City Attorney Bert Morales, Construction Inspector 9 0 C N O R T H O $ i R E z T . S A N a E A N A R O 1 N O . C A L I F 9 1 4 1 E 0 0 C 1 1E 0 6) 3 0 4 . 5 3 1 7 . F AE : SEA. SOBD / PUBLIC WORKS FA% : SSA .EIEs RETURN ————_———— PRSTMOXR OR DATE rn RECEIPT PESrPnEo MuNEW I N SERVICE C-N`FSD ME-AETUIiW MCCn'T 6 roxu ros..r.E..n EEEs m SENT TO NOT FOR ixrtN...L,u0 - qo 3 a :a•.r�� i_4 91124 C PS FORM 3800 US Postal Service Receipt for Certified Mail i S C I T Y O F j � a �OC"�D£D IN je�o z San bernardino OE V ELOFYEMT SERVICES OEFARTMEMT M 1 C M A E L a X A Y f 0 1 ■ E e T 0 E October 4, 1999 File No. 7.37-5040 Mr. Larry Colarossi Sr. COLAROSSI CONSTRUCTION 7600 Reche Canyon Road Colton, CA 92324 REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE. Dear Mr. Colarossi, The contractor had originally estimated that he would be able to trench 400 lineal feet per day and complete the trenching operation in 20 working days. A "changed condition" has resulted in the contractor being unable to perform the work at the rate in which he bid the work. The agreement reached at our meeting of 9/29/99 was to delete contract Bid Item No. Eight, "Trenching and Backfill", and performed this work on a time & material basis. The contractor stated that he would be able to trench 300 lineal feet per day with the exception of the street crossings, each of which will be completed in 2 working days. This level of production is to be maintained for the duration of the trenching operation. The City will provide an inspector who will give special attention to this project and assist the contractor to ensure that the trenching operation meets the anticipated production level. Within the next few days, the City will complete its review of the extra work sheets provide for the period of 913/99 through 9/22/99, and the proposed delays at which time the contractor will receive our response. However, the contractor had agreed to commence construction last Friday, October 1, 1999, and to be paid on a time and material basis for trenching. As of today, Monday, October 4, 1999, the contractor is still not at work. It is imperative that the contractor proceed immediately so that no further delays result and the project can be completed in a timely manner. 7 ] ] N O A T N 0 ' 9 T A E E T . S A N E E A N A A 0 1 N 0. C A L I F 9 7 I ! 0 C 0 I 1909t 394 - 113117 - FAX : 1141- 110601 / YE LIC WON RS FAI : 1164 -111 $S Mr. Larry Colarossi Sr. COLAROSSI CONSTRUCTION October 4, 1999 File No. 7.37-5040 Page No. 2 REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE. If you have any questions please call me at (909) 3045225. Sincerely, STEVEN ENNA �- Construction Engineer SME:pa Cc: Michael Hays,Director of Development Services Raymond Casey, City Engineer Henry Empeno, Jr., Deputy City Attorney Bert Morales, Construction Inspector I S S I O H REI-C:) OCT-04-99 16:07 ID:909384S1SS CSB PUBLIC WORKS DIVISION .J O E3 P4 ME3 E I2 052 I "IF ORMA-jr I OH CODE OK TELEPHONE NUMBER 97839171 NAME( ID NUMBER) 8016349409 START TIME OCT-04-99 16:04 PAGES TRANSMITTED 003 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 02 .37 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 CITY OF SAN B,ERNg Rr>,2-NO 8 Davelopmeac Services Depac'cmeae 300.YO'rh �D 5 iYCi. Spii�B�i Limp. Phone: (9pyj 38s slJt F¢c ev�j 38- Jffff xo: �//12Y Cot/a�asSL� .S.L. DATEe FAx: ERO1.I= - PAGES_ _ 431(.13137Cc-r, ��POCE�/✓G w��o>2�E AfLOlicr� u e,Z/G OlV N/G/✓GA.�//J A�/E �T,E�tiCf,�ic�G� . 2iE1vI aR KC; . Your massage hare... i1 I I i I � .mote POSTNAII[ OB DATE ._ RE sroxmwr S.dRE Un RESIWREO RECEF T •OO�Em a OEtMm SERVICE CER1ilEJRfEE,R NRECM N mPL KBYOE,VG RE9 m SENT TO: No*sa�Me.xmoNU ru Ir COLARO;SI CONSTRUCTION tr ATTU: tot. COLAROSSI Rn 76C-L, RECHE CnNrO» Rb ry ti MLTON CA 92324 a PS FORM 3800 RECEIPT FOR CERTIFIED MAIL_ f From: Colarossi Construction I, 7600 Reche Cyn Rd Colton, CA 92324 Lic # 742283 u u SEP 2 7 1%9 To: City of San Bernadine DIN OF SAN ENT BERNARDINO DEVELOPM SERVICES �- Development Services Department DEPARTMENT Public Works Division Subject: Preliminary Change Orders (PCO) on Streetscape on Highland Avenue From E street to Waterman Avenue (due to Stop Work Notice sent 09/22/99 by Steven Enna) Date: 09/24/99 Summary It has been well over two weeks since the City of San Bernadine the 10" (on average)thick asphalt sections existing near the concrlm�ors(Be butler and Henry) have known about the 10' thick asphalt sections,they have observed ghland Ave. Not only have they seen at D, Arrowhead, and Pershing. subsurface concrete roads running perpendicular to Highland Avenue These inspectors have been told and observed us being delayed due to the asphalt and concrete that we are excavating out of Highland Avenue. Without guidance from the inspectors(regarding change order procedure), the office(bevel_ opmen[Services Department)sends us a letter to Stop Work Don't you people read the inspectors report?I must say You people have a very inefficient problem solving operation going on, if there is one at all. As stated in the Stop Work Notice, Steven Enna(for now on called Steve in this report)requested a formal request for "change in condition'from the City in writing,even though Steve has agreed verbally(phone call taken on 09/23/99 AM by Anthony Colarossi and Steve Enna)that there exist a change in conditions on the plans. After this, I informed Steve to please call my Dad(Larry.Colarossi Sr)and continue negotiations and avoid time delays because Larry was informed by Steve that there is nothing wrong with the plans. As of noon today(09/23/99)no meeting was requested to be arranged by the San Bernadine office nor did the office call Larry Sr. With regards to information contained in the Stop Work Notice, the following is contained in this report. Note,most of these PCO's where posed by the inspectors changing the plans and are not related to method of rock saw trenching; therefore, they are a separate issue. L PCO 41 on Cutting Asphalt&Disposal 2. PCO#2 on Cutting Concrete&Disposal 3. PCO 43 on Unmarked Abandoned Gas Lines and High Voltage Street Lights 4. PCO#4 on Subsurface Concrete Gutters(notified after the bid) 5. PCO#5 on Gate&Control Valve Placement in Sidewalk 6. PCO#6 on Concrete Placement Around Tree Grate 7. PCO 47 on Traffic Control Device 8. PCO#8 on 18"to 24"Trench Depth 9. PCO#9 on Material Import 10. PCO#10 on Unnecessary Rework of Compacted Soil and Delays 11. Alternative Rock Saw Trenching and Trenching Through Sidewalk Responses 12. Delaying Future Colarossi Construction Jobs 13. Time Delay Information PCO #1 on Cutting Asphalt & Disposal As shown on detail #8 of the plans, 7Pavement L Cr Backil O Normal curb gutters have a 6" thickness. During the estimating phase, I am sure that the asph rmore, averaging CfU cores that alt was taken as about 4", especially being by the side of the curb. Furthe have been taken more than 20' off from the Centerline of flighland, one will obtain a thickness of about 3-1/2", which is normal. This is just I of many items found on the plans that make these plans seem misleading on the scope of this job. Estimate YES Item Cost (unit) Unit Total Cost Recut Asphalt $ 1.00/ft 12,000 ft ri Excavate and Haul to Dump $83.00 eP) $ 12 ,000.00 GS-g ub . ct /3'd 160 yds S 13,300.00 PCO #2 on Cutting Concrete & Disposal In detail#8, the drafter placed the earth symbol at the top and bottom of the trench(bottom not shown on my drawing above). Thus, during the estimating phase, the estimator did not anticipate encountering concrete,especially 8"as we did at the Pershing intersection. Estimate Item Cost (unit) Unit Total Cost Cut Concrete AG,t.E'GIJ $ 1 Excavate and Haul to Dump 50/ft 2,600 ft $3,900.00 P S 83.00/yd 40 yds $3,300.00 PCO #3 on Unmarked Abandoned Gas Lines We knew that we were going to do a lot of spot digging to uncover utility lines: however,we did not anticipate discav_ eying abandoned and unmarked 2'gas lines, which tore off a carbide tooth chain on our ditch witch, which helped the beckhoe,which was tied up removing 6"of uncut asphalt On the fast encounter with an unmarked gat line,our ditch witch trencher caught the 2"line,which was located 16" below surface of asphalt, and took the front end of the trencher and the operator up in the air,creating a very unsafe condition. The sidewaW showed a meter square that we believe identified the unmarked gas line: however, on the next encounter of an unmarked gas line, the ditch witch chain snapped in half and we didn't see a meter The disabled trencher was sent home where it sits . Note, square , the sidewalk. with the backhoe having to dig the trench also. today we not only damaged the trencher, we are losing time Estimate Item Cost (unit) Unit Total Cost Uo„fe Dach wad,ad Ba&hm Repiac S 200.00/day 44 Replace Ditch Witch Chain S T 8,800.00 1000.00 1 chain S 1,000.00 N0 PCO #4 on Subsurface Concrete Gutters A couple of days before we started excavating. I was informed that we will be encountering subsurface culverts running thru unidentified intersections. Again, thanks slot San Be The reason that this that th o for notifying us after is bid awarding. upsets me is because the plans show that the mainline(IS"depth) is running ri ght thru the concrete culverts because they start below the asphalt and end up at 2 feet below the asphalt surface, which indicates to me that the drafter(and all who signed these plans)didn't realize that the culverts existed Also, I recall Larry Co- Iarossi Jr was told by Steve Enna that Larry should have known that the culverts where there. Why did Steve have to say this? Estimate sso� Item Cost (unit) Unit Total Cost Special tool purchase(Mole) S4000.00 1 mole Excavating, leveling,and setup S 250.00/hr T 4,000.00 2a � $ 7,000,00 PCO #5 on Gate & Control Valve Placement in Sidewalk As shown in detail k5 of the plans, the gate eve is shown placed in lEghland Avenue.For some reason, Steve says that all gate valves are placed m the sidewalk If this is true, why didn't the plans state this. The following estimate AC. Pavement Crate vale Box places the gate valve from the street into the sidewalk. Estimate E�A C1± Item Cost (unit) Unit Total Cost Auger, saw cut, excavate, &install $ 250.00/hr 30 hrs $ 7,500.00 112- e✓ RO PCO #6 on Concrete Placement Around Tree Grate X46 In detail#1 on sheet 6 of 6 of the plans, rebars are not indicated on the tree T I O DA place concrete around the tree gratis, which indicates that we have to 1�0 < grates and increase the saw cut length. We did not plan to pour concrete around the tree grate rather cut the concrete and insert the tree grate and drill a hole into the existing sidewalk and anchor grate to <o j sidewalk. SIVF Estimate Item Cost unit ( ) Unit Total Cost fvOl Concrete Installation $ 100.00 100 a lo,000.00 PCO #7 on Traffic Control Device Inspector Henry and his boss (assuming Steven Enna) insisted that we place an Arrow Board on Highland Avenue. We showed both of these people "Work Area Traffic Control Handbook" that an arrow board is not needed; however, a high level warning device is all that is needed (this is 3 flags placed at least 9R into the air). Larry Jr met with Steve and Henry and the conclusion was that ag had to purchase an arrow board. we Estimate Item Cost (unit) Unit Total Cost ( �� �/� Arrow Board $ 3000.00 1 $3000.00 ,P CTE i PCO #8 on 8t to 24" trench depth Philip Cohuossi and Colarossi Jr where informed(by Henry)after placing main water line in the South side of Highland Avenue trench between E and D streets that the trench needs to be dug out 24" not 18"as shown on the l r approved plans. - Inspector said Green Book says to place Pressure lines 24"; however, there was no change in the approved plans. This information was given to us a few days after Colarossi Construction was notified of the 24"subsurface concrete culvert C at the intersections. During the estimate phase, this part of the job was estimated according to the plans, which shown an 18"deep trench Note, from estimating phase to initial start of excavating,we were not given information from the City stating that the -- Pis are not correct nor were informed treciff ions are not correct In fact, it wasn't until we started excavating at the Arrowhead intersection that t t t he 24 inch trench was being excavated Also noted, at the start time of this job, we were experiencing the City being flexible with the plans and/or specifica- tions, specifically in the cities favor. The following is the estimated cost of increasing the trench depth from 18" to 24": Estimate Item Cost (unit) Unit Total Cost Boring &Angering Prep $ 15.00 Excavate $ 15.00 200 $1500.00 Recompact $ 30.00 200 53000.00 200 $6000.00 PCO #9 on Material Import The first and last meeting with your soil's engineer(Hill Top) indicated that we had to place processed sand around the Piping. I believe the reason for this is because the existing soil obtains gravels which could crush the pipe. Thus, the existing material can not be used around the pipe as shown in the plans. This will increase if the rock saw option is used Also, material must be imported to make up for the 10"of asphalt that is being removed and hauled off site. Note, the following estimate does not include the 4"that we already estimated Estimate Item Cost unit ( ) Unit Total Cost 8 Purchased, hauled,and placed $ 35.00 200 yds $7,000.00 s'�zo K_2t1 0� PCO #10 on Unnecessary Rework of Compacted Soil On Friday the week of the 17th,Hill Top(representing the City of San Bernadino)engineering took nuclear gauge compaction tests in a test fill and in a recompacted area. The nuclear gauge readings indicated less than 95%compac- tion in the test fill (which was never recompacted)area but sandcones later revealed the compaction was greater than 95%even in the exact location of the nuclear tests, Hill Top also failed a recompacted area west of Arrowhead(testing indicated no change in compaction effort and moisture content was within specification The following Monday, CM came out and performed sandcone testing,which indicated greater than 95%compaction effort,thus we wasted the recompaction time(West of Arrowhead)and the time we could have asphalted the road on that Friday. Item Cost (unit) Unit Total Cost 1 day of unnecessary rework(W of Testfill) $2000.00 1.0 S2000.00 B "Oli Alternative method of trenching & sidewalk trench response According to the fax sent to the CoLuossi Construction office,the Steve Enna has helped us in obtaining an estimate for the use of a rock saw. We belies a Steve is trying to art cost on the changing conditions occurring on this job by limiting the amount of cost due to this machine,the rock saw. It is obvious(from the telephone call made by Anthony Colamssi to Steve Enna), Steve did not think about possible damages and extra costs created by the rock saw. ALso, Steve will not allow the City of San Bernadino to guarantee nor take responsibility of this machines capability and possible cost increases that Colarossi Construction foresees. According to the plans that Colarossi Construction estimated this job for, we did not believe that this job needs a rock saw(according to the plans). Although a rock saw may solve some problems, there are several reasons why we do not want to use a rock saw, nor sub out this job. 1. Unmarked gas lines and High Voltage Street Lights(dangerous and unsafe) ` 2. Sub contractor digs 250 ft/hr(Stop and go,pot holing) -" 3. Plans call for Saw Cutting Asphalt(is this now out) 4. Can machine work against concrete gutter and curb 5. Colarossi wants City to take full responsibility of damages caused by this machine inspector said machine will probably rip out any unmarked piping and take pavement Between E,D.and Arrowhead the gas lines were very close to sewer lines and water lines. If the unmarked pipe is pulled out, it is possible that main water lines or other pipes come out with it. 6. Who pays to trench plate what open trench can not be sealed in days work 7. Just because the city saw a rock saw work before doesn't mean that its going to work for this job and economical. If you are so sure that it will work, why don't you take the responsibility of this machine. 8a 1. Screening of asphalt(cobble size possible)from backfill may be required 8a2. Recompaction more than doubles MI. Exporting of rock saw material(more than double occurring now) 8b2. Picking up rock saw material(not thought out yet) 8b3. Slurry hackfill cost 9. Plans do not call for a rock saw,and Colarossi Construction would have never have bid on Sidewalk Trench this job if they knew a rock saw would be needed- The following list identifies some of the problems(identified from the surface)that we would anticipate going through the sidewalk with the main line trench. 1. Water Meters next to back of curb 2. Street light poles(not to mention foundation)very close to back of curb 3. Signal light high voltage running nest to back of curb a some area 4. Probably angry pedestrians(several students)and business owners would arise Delaying Future Colarossi Construction Jobs According to the plans that Colarossi Construction performed the bid on, we estimated the San Bernadino Streetscape Project would take less than 45 days to complete. Since the plans were misleading and the City of San Bernadino obtains a very inefficient problem solving group,the schedule has been drastically increased and will go into future jobs that we have planned to perform after the San Bemadino Streetscape Project was complete, starts in mid October. Estimate Item Cost(unit) Unit Total Cost Delays S 2000.00/day ?r? Fife Delay Yoformation Af er'city 1240111tions on the above PCO's, if any, time impacts caused by the above PCO's will be provided to the City. YZ'R', `ISM I SS I OH REP \ TM SEP-22-99 16.51 ID.9093845155 CSB PUBLIC WORKS DIVISION -70E3 LIi.7MBER 0 1 2 I NFORMA2' I C3P4 CO1730E OK TELEPHONE NUMBER 97839171 NAME( ID NUMBER) 8016349409 START TIME SEP-22-99 16:48 PAGES TRANSMITTED 003 TRANSMISSION MODE G3 RESOLUTION STO REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 02 .40 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 CITY OF SAN BERN 4 R WINO p - � Daretopmeat SerHOes_Departmenc 300 hcirh -O-Sr��it. Sofa B�rrscry�rsa. �L(/firnio 93tLB Phorse: (909) 39iSLff Fax (909) 36t-SIBS FAX TI2AIYSNIITTAS. SIEIEET TO. G OL A.42 O SSS CO.V.s-T�/i�7/p,J DA-Im, 9 2Z PAGES: F12 01V2: sT-rarECT: ST/�EE`�.SC�aP/.vG o/v NiG/l�A,uO AG�.uG-� Fif�OH '�'".ST.�?EGT To 4i.4-r6•C/�i.9N AvE.v�E REri_4RI{S; Your message hero... LE -T6 R To GOx/T�igelO2 0� �yyE T.P�.tic_h'/.vG Oi°E.PfI T/o.J ot..� f//G NLA.tip i p?eC.RNARD��O C S Cy y A C I T Y O F DED is 10�J San Bernardino DEVELOPMENT SERVICES DEPARTMENT M 1 C H A E L E . N A y s D 1 X E C T 0 R September 22, 1999 File No. 7.37-5040 COLAROSSI CONSTRUCTION 7600 Reche Canyon Road Colton, CA 92324 Mr. Larry Colarossi Sr. REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE. Dear Mr. Colarossi, As you may be aware, according the Standard Specifications for Public Works Construction, Section 3-4 Changed Conditions, "the contractor shall promptly notify the Engineer of the following Work site conditions (hereafter called changed conditions), in writing, upon discovery and before they are disturbed: 1) Subsurface or latent physical conditions differing materially from those represented in the contract:" To date no such correspondence has been received by this office with respect to the "Highland Avenue Streetscape Project". Our field representatives have been working diligently with you since Thursday, however, to explore other viable construction methodologies to accommodate the additional pavement thickness and material you have apparently encountered in the project. Specifically, an alternative method of trenching was discussed using a "rock saw" trencher; an economical methodology used successfully by contractors on similar projects administered by the City in the past. We also attempted to contact you today to meet with you regarding this issue. You refused to consider utilizing this construction methodology as a potential alternative and suggested that you may require an additional 40 working days and substantial additional costs to complete the job utilizing your current trenching technique. This has left the City no choice but to issue you a stop work notice in accordance with the Standard Specifications For Public Works Construction, under Section 6-3.1, Suspension Of Work. This Stop Work Notice will remain in effect until such time as you have: E R N A R O 1 N 0 . C p L (509) 004 . 505 7 • F A K : 3 44. 50 4 C I I M 8 L I C WORK ! F A K : 3 4 A.,51 $ 5 [ i IB OCCi Page 2 1) Formally requested a"change in condition"from the City in writing. 2) Submitted a fair and reasonable request for additional performance time and cost based on an economical alternative trenching methodology. If you have any questions please call me at 909-384-5225. Sincerely, C_ STEVEN ENNA Construction Engineer Cc: Michael Hays, Director of Development Services Raymond Casey, City Engineer Henry Empeno, Jr., Deputy City Attorney Bob Butler, Construction Inspector 9 RygRO� CITY OF SAN BERNARDINO 4 _ y Development Services Department PLBLIC WORKS DMSIOY ter' 300 Norrh "D"Sneer, San Bernardino, California 92413 Yecn i+`° Phone: (909) 334-5111 . 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L mtiy U U A D i a�p o ay o Vc cW = `c° T� Cv o � mo h u =oa3W v u oT U°'.Ti C{a 7 ,Fc 5.r �20c L G-EA tOe'I °,5 0 2 oc . ° °•p Omg=y�o's.mc Eo aoAc A o J Y Am c o T c o c° ._ _°N = c US w o m .6 -6 c E '•�_:L° �:. ". EE 0F43 tR ad wU 82 e y"y_36�U-L° U La °3 u> u 8 u b,. Ray Bob Bert HIGHLAND AVENUE STREETSCAPE ROCKWHEER OF THE TRENCH FOR THE INSTALLATION OF THE IRRIGATION LINES. COMPANY: Penhall CONTACT: Jimmy Thunderberk PHONE No.: 310-225-6690 COSTS: Move on - $ 152.00 Hourly rate - $ 250.00 PERFORMANCE INFORMATION: Maximum depth— 31-inches A.C. OR CONCRETE For 6 to 12 inches of A.C. —trench 300 to 400 lineal feet per hour For a combination of 6-inches of A.C. and 6-inches of concrete— trench 200 lineal feet per hour -------------------------------------------------------------------------------------- i t_ PROJECT LENGTH Station 0+00 to station 45+05 ` Total length of installation of irrigation pipe — 9,000 lineal feet APPROXIMATE WIDTH OF SIDE STREETS "D" STREET N - 40 FEET S - 55 FEET ARROWHEAD AVEUNE N - 55 FEET S - 55 FEET PERSHING S - 40 FEET MT VIEW N - 55 FEET S - 55 FEET GENEVIEVE N - 30 FEET S - 30 FEET SIERRA WAY N - 55 FEET S - 55 FEET LUGO N - 30 FEET S - 30 FEET SEPULVEDA N - 30 FEET S - 30 FEET WALL STREET S - 40 FEET LEROY N - 40 FEET BELLE STREET S - 40FEET --------------- TOTAL 765 FEET TOTAL STREET CROSSING WITH CONCRETE AND A.C. IS 765 LINEAL FEET 765 LINEAL FEET @ 200 L.F. PER HOUR 4 HOURS 8,235 LINEAL FEET @ 300-400 L.F. PER HOUR 21-28 HOURS TOTAL TIME TO ROCKWHEEL 25-32 MANHOURS 32 X $ 250.00 = $ 8,000.00 Factor in a 25% fudge factor 40 manhours x $ 250.00 = $10,000.00 — - - - 626- �cff 1750 L.F_ . - - II - - ---------- -- ' .CMCN Eox at rigr,N yp,,eyire aeaNCroE��,y. 111+++ I also Wish to receive the •` 1a!r.me amwe an be rawee ar N.bnn ao Nin ,ieaan Nve uN tDomviey services(for w e)Rr. .�.'N1 N!b,m b Na aunt d No Tal(yb.a erl tlal Dark N gate aMa M OeraiG 13 teaoe Delivery%VIpt w a ae mro aei�ree. 3 Mtice Mdresaed m: ConsuR Postmaster fw fee COLAROSSI COtSTRUCTION- 4a AP Ne of ' 7oOJ RECnE CANYON ROAD 9 6 7 ?63 6 2 4 COLTON LA 21 4 ab.Service Type ATTN0 XLUARRY COLAROSSI SR. x CERTIFIED ?'-s •e+3.�'s'+%;F + rp - 7.Date of Delivery (RiM A4rre) 4 99 - - 8.Addressee's Address &Sig- M.tans w A9w+f) X Ps FOF1M 3811, December 1994 Ve ��A 9/��/99 Domestic Return Receipt _ r CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: FILE FROM: STEVEN ENNA, Construction Engineer SUBJECT: HIGHAND AVERNUE STREETSCAPE. DATE: 9/22/99 The following is a sequence of the dates and events that occurred over the last week on the Highland Avenue streetscape project. Wednesday, September 15, 1999 I telephoned Lary Calorossi Jr. to discuss the problems that he was having with the trenching operation on the south side of Highland Avenue. We were both concerned with the thick asphalt and the concrete that the contractor was encountering during the trenching operation. We set up a meeting for 1:00 P.M. on Thursday, September 16, 1999. Thursday, September 16, 1999 Larry Calorossi Jr. and I met to discuss the issues and it was agreed that the present method of operation would take at least double the time and would extend the completion date by at least a month. I told the contractor to continue with the paving operation, which would give the City some time to investigate the problem and possibly come up with some suggestions. Monday, September 20, 1999 I called Larry Calorossi; Jr. and told him that on other streetscape projects the contractors had used a rocksaw for the trenching operation. I suggested that he check to see if this method would be a feasible. Larry telephoned me at approximately 1:00 P.M. to tell me that even if they rented a small rocksaw it could only cut 400 lineal feet a day. I suggested that they check with Penhall, that he could if they recommended he method that Base Line streetscape project that was constructed in 1997 the contractor had successfully used a rocksaw for the trenching operation and the entire operation was performed in four days. Also, Penhall stated that their machine would easily cut through the areas of thick asphalt and concrete. Penhall estimated that their machine could cut at a rate of 400 lineal feet per hour for the asphalt and 200 lineal feet per hour for the asphalt and concrete. We then set up a meeting for 1:00 P.M. the following day, Tuesday, September 21, 1999 to review what recommendations Larry; Jr. had which could mitigate the problem. I received a call on Tuesday that I was to contact Larry Sr. because Larry Jr. was working on another project. I called Larry Sr. on Tuesday to reconfirm the meeting and he stated that he was to busy paving to come into City Hall but that I could come out to the jobsite to take to him. I arrived at the site at 1:00 P.M. and tried to discuss the issue of alternate ways in which to perform the work. Larry Sr.just kept complaining about bad plans and the concrete and asphalt problems. He refused to discuss alternate means of performing the work. I continually tried to get the contractor focused on the problem but he just kept complaining about the plans. Larry Sr. stated that he was not a rocksaw contractor and that he and his three sons were Performing the work and that he was not going to hire laborers and pay them prevailing wages. His was a family run operation and that was that. He also stated that he would not hire Penhall or any other subcontractor to perform the work. Larry, Sr. kept asking me if I was directing him to use a rocksaw, I stated time and time again that it was a suggestion, that the City would review any recommendations the contractor had on how to perform the work. I agreed that a change of condition existed and that as was stated previously by the contractor, performing the work the way that they were would take much more time than had been anticipated and that was why the City was requesting the contractor to provide a reasonable alternative. He again stated that the plans were terrible, he was not going to alter his method of operation and that he wanted a change order to proceed with the extra work I stated that a "changed condition"means that extra work is going to be performed by the contractor, and this work will either be paid for on a time and material basis or at an agreed price. That the method of operation for the extra work is reviewed by the City of San Bernardino since we will be paying for it. This is covered under the "Green Book". I then told Larry Sr. that I would return to the office and discuss the issue with the City Engineer and that he could expect a written response shortly. COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Lic.# 273713 7600 Reche Canyon Rd. Colton, Ca. 92324 Phone # (909) 783-1823 Fax# (909) 783-9171 To: Fth4JA - Pvgl. c Lt)a � ks D ;, sdQ.J c�AA7 gcr�JAf'ct; J � -N nZ rb 1 s "They ChA,03� 0rjc 2 -S °p �� p2 v y0 �fidG 3C./�G l) i a3 a 1; 1,A)A) V PO �onJ So WC CAa iSe-r- 4, w, 6 Aj TA; s To 6 Number of Pages Including This One: From: Colaromi Construction 7608 Reek Cyn Rd Colton, CA 92324 Lic* 742283 Tb: City of San i3cmadlrtlo Development Services Department -Public Worts Division Subject: Preliminary Change Orders (PCO) on Streetscape on Highland Avenue From E street to Waterman Avenue (due to Stop Work Notice sent 09/22/99 by Steven Ennis) DaW. MUM 9awMy It has been woR over two weeks since the City of San Bunad;m trspectots(Bob Butler and Henry)have kwwn about the the to"(e'average)thick aspbsh setiions exiadng near the maaete gutters on ffighiand Ave. Not only have they seen at 10A��� have obscrad svbsurbice concrete toads luu=g perpenfinilar to Highland Avenue and Persbum Tb=iwsl- I have been raid and observed as bring delayed doe to the asphalt and coocrtte that we ate auavating em dMgbUmd Ayeme. Withom gaidarree from the impactors(regarding change order a000cb=),the office(Devel- opmeist Serviooa Dcpnftmclt)seudr as a letter to Stop Wert Dont yon people read the inspectors report?I must pry YOU PMPis hove a very in dk2enr problem sohvg opmatioo$01118 tor,if theist is one a all. As ttabd in the Stop Walt Notice, Steven Enna(for now on called Steve in this report)cored a formal haslet[fm 'charge in condition*$ono the City in writing,even though Steve has agreed verbally(phone call taken on 09123/99 AM by Aotbony Colarom and Steve Enos)that there exist a change in conditions on the plans. After this,I informed Steve to piesee all my Dad(Iirry Cotarosai Sr)and continue negotiations and avid amt delays beaasc tarry was informed by Steve that there is nothing wrong with the plans- As of noon today(09123/99)no meeting was requested to be anais- by the San Bernadmo office nor did the o18.oe call Larry Sr. With mVmb to mftmadoa eentained TEL the Stop Wort Notice,the fallowing is contained in this report.Note,moat of that M th where sores by the lnapOUnrs t�asging aye plane and ate not related to netbod of rock saw tmmhm& tbtaetbtq tly are■sapatak issue I. PCO 01 on gating Asphalt&Disposal 2. POO M2 ea Cutting Concrete do Disposal 3. PCO A3 on Unmarked Abandoned Gas Lines and High Voltage Street Lights 4. PCO M4 on Sawr&m Concrete Gmtt s(wrified dter the bid) S. PCO 0 on Care&Control Whot Placement=Sidewalk 6. PCO 06 on Casmete Placcemem Around Trot Grate I- PCO A7 on Traffic COU W Deviice a. PCO 08 m IB'to 24'T rorich Depth 9. PCO N9 do Manorial Import 10. PCD 010 on Ummenary,Rework d Cmnpeuod Sol]and Delays 11. Ahwn>mw Rode Saw Trenching and Trenching Through Sidewalk Responses 12. DS"Pubure COIRIMINIR 13. TIM Delay CoeatrattFon Jobs � _.,.— — rum di PCO Ml on Cutting _e r g Asphalt & Disposal As 4h0"on detail #a of the plms AC Pavement 0 l Nomad Ourb gultm have a 6"this ss. taken a about q" aPeoi+lh wog eshmatin8 P > 1 am sure that the asphalt was B by the side Of the curb. Furthefmore averaging CHI cores that have been taken M' ore than 217 offfrom the Centerline oflLg rtl one will obtain a thickness that shout isleld Which is nomlal This job 1 of many items found on the plans that make these plans 'ten mialeadutg on the scope of this job. Cat(wait) Unit TOW FAOW _ g*eavate and liaa!to Dump S $3.00Q/1.00 /yd / 12,000 ft(step) $ 12,000.00 S 160 yds $ 13,300,00 PCO #2 on Cutting Concrete & Disposal *ave). Thok*ring the did xt tk p �imebr d;d not�� ca= ,X W as shown on my d as `n�°1°E tspecjatly$^as Eetl>watte �,! /la taro' �r Cat(unit) unit Cauma lbtal coat Emwww and Hwd to Day S 1.%ft ;600$ S t3.00tyd / 2, 00 53,900.00 $3,300.00 7 Z`w ✓/ PCO M3 on Unmarked Abandoned Gas Lines We kaaw 69 we were going to do a lot of spat digging 10 Mn utility lines:howevcr,we did not anticipate di - ermg abM&=d and mmarted 2•gat lint,which tune off a carbide tooth chain on our ditch witch, which helped the baathoe,whidt ws tied aP ctsoring 6'ef aaaa a phAt_ On the Art eeroaeta with an unmarked pan lice,our ditch witch trencher an&the 2'line,which was located 16' WOW ttd�Yee tY uphalt std took the ftmt tad d the hrncher and the operator up to the at{creating a very unsafe 7be sidewalk ahowM■mesa agtasn that we believe Wentdied the unmarked gaa line;howem,on the nerd eaounter dan OMM and go hM the dish witch chain snapped in haNand we didn't am a meter square on the atdeweDr. whh the��trencha ueem ht®e where it sfs todry. Note,we not on}y damaged the ttrnche{we ate losing time having dig the trench abo. Esthome bey Ctrat(unit) Unit ;otal Cost trr Dar war rd tram.RT"m S 2M.00lday 44 days $8,800.00 Aapiace Dutch Wikdt gain $ 1000.00 1 chain $ 1,000.00 /j 0 PCO M4 on Subsurface Concrete Gutters started wavating.I was in&nmed that we will he encomtKring WWurfue cnherts running Again,thank alt#San Eanadim for rtotiryng us aver the brd tanca'es alveth "upsets arc is because the pleas show that the main line(IV depth)is running ng t thru the they am below the asphalt and end up at 2 feet below the asphah surface,which indicates to me that the dtaAef(and all who signed these plant)dldn't rewlirt that the culverts eJdated. Also, I recall Larry Co- Weld Jr was Loki by Steve Enna that IAray should have knwa tht the ctrtverts where there. Why did Steve have to re�R �o Ilertt Cott(wait) Unit 'Ibta!Coat 5loctal 1001 psachaw(Moto) $4000.00 I mole $4000.00 . .......... °& IIR and S 250.00ft 28 hit $7,000.00 IQ C_ PCO #S on Gate & Control Valve Placement in Sidewalk As down in daW 05 of the plans,the Efte vdve a shown pieced in M Wmd Avenue. For some reason. Steve mys that d1 pro vah=are Ploned m the Rdnmk V this is true,trhy dkin't the PIERS State this. 77w following estimate AC.Pavement Qe1e Ban. Pisces the pee valve from the street into the odetvapc FAdWA6e a0�" )bet Cat(unit) Unit Total Cost Auger,taw at{ c=EvS ,&install S 250.00&r 30 hn $7,500.00 PM #6 on Concrete Placement Around Tree Grate In d W 11 ON abut 6 of 6 tithe plans,rcbws are not indicated on the tree gates,which indicates that we have to Phtoe eoacteW around the trot States and inerrasc the saw nn.k4th. We did nor plan to poor concrete around the tree trace tatter wt the concrete mod insert the true gnaw and drill a hole into the em"sidewdk and anchor Stec to sidcaat. ESUMse N o Ilea Coat(Unit) unit Total cat GSaaoge haewflalion $ 100.00 loo $ 10,000.00 PCO #7 on Traffic Control Device Jnapector Henry"Od his boas(aeauming Steven Enna) insisted that We place an Arrow Board on IShlend Avenue- We showed both of these people "Work Area Traffic Control Handbook" that an °+row board is not needed;however, a high level warning device is all that is needed (this is 3 flags placed at least " into the air). Larry Jr met with Steve and Henry and the conclusion was that we had to PUnehae an arrow boatel. xMdWM* hen Cant(WI) Unit Total Cat Anew Dowd S 3000.00 1 $3000.00 rAL.. dt PCO #8 0 18" o 24" trench depth "iP COlataat tied l4"Y Colarom Jr where informed(by H—y)alter placing main ware line in the South side of Higldsnd Avenue trench bdweea E and D sheets that the trench nmds to he dug out 24"not l8'as shown on the RrPuwed pion haspeetor said Gras Book"to plane preaattt lines 24"; however,th=was no change in the Rtlawed plans. This infornagiom wan given to m a few days Stier Colarocsi Construction was notified of the 24"subsurface mnetete culverts At the mlenecdoei ND°a��the astinim 8 ssea this Part Oftbejob to inland mart of was�W a0�g m the P which shows an 19"deep trench Notts ate not dn"tu nor were we' Ong'Ae were not given mformahou froin the City storing that the the Arrowhead tote who,that the 2i 244 inch trench at notes �' it wasaY tmtil we started cxravating a: Also rotod.at the part time of this ' t>re m wu being the City b )ob,we were expetien,ing the City being 8edble with the plans and/or spxifica- bona,"tlLetity in the cilia faun. The fbnOwniS is tho eaunetM con of ineaang the trench depth from 18"to 24'* E>a� ti IN= cost (Witit) Unit Total Coat ' Ong d 8 pycp $ 15.00 Ew vYe $ 11.00 100 $1500.00 R000ttrpact 200 $3000.00 $30.00 200 $6000.00 PCO #9 on Material Import Tac prat and hp nwedag with You sars engineer(ffill TOP)indicated that we had to place psoaessed sand around the e hrtilnatclal am no need atoned the �n md�m V11"13 which could rnuh the pipe. Thus,the owed Prim m shown in the plods. This will irrcreave if the rock saw option is Alm,mwkrial nap he ltoportod to make up for the 10"of aephah that u bang Mined and handed off site. Note,the eater dow not ittdOtk the 4"that we already eAimated Esdmute Item Coat(unit) Unit Total Coat hra4 hurled a�pia ed $ 200 yda $7,000.00 PCO #10 on Unnecessary Rework of Compacted Soil on Frilly the w=k of the l7dt,Hill Top(represwung the City of San Bernadino sofa in a tM tilt sad'n a re000gacyod area.The nudes, )engineering took nuclear gauge unn nt the teat 811(which wan never retotapoeted)eta lam ft readings rings indite leas than 95%mmpac- 95%even in the etact loaUjon ofthc mscitar tram.Hill Top also foiled a revealed the compaction was grmter than t�'ut��°O�°WOn�,w sated jtr was than 955 moo The following Monday, came Out raadcan �peelo¢time(R4et of Arrowhead)sad the time we mould Chao 95Y.compaction effort, thus w waned the aapkaltcd the road on that Friday. ftm Cad(otdt) Unit Total Coat 1 dq of non-cony rework(3Y of Tepfill) 42000.00 1.0 $2000.00 Y� Alternative method of trenching & sidewalk trench response Acco n"S to the$x amt to the Cduowi Comtractim offs,the Steve Enna has helped us to obtaining an esnium for the rte Of rock saw. We believe Steve is trying to cat cost an the ch&IWU tAnditioos brmmng the onomt d cost due to this machine,the to*saw. 11 is obvious the tel occurring on this job Anthony by Ct me"a b Steve Emu), Steve dd not think abort ( rated b call made by lso, Steve will not allow the d ti-- PAC damages and qma costs cued by the rock saw. Also, �Y San �mmm to kreas ee nor take reapontihiliry,d this aachinres capability aad pmlile coat ixteaaea that Colaroe6 feseeaa Ong to the plans that Calarom Construction tatIM904411aJob fm,we did not believe that this jab needs a rock cow(a000Mfng to the plans). Although a rods saw may solve tame pnoblans,there ace several reasons w wort to ow a rack saw,am sub o t this joh. 11Y we do not I. Uamathd gas lima and High lbhage Stmt Lights(dangerous and unsafe) 2. Sab ooetracmr 6ga 250 ft/hr(Slop and go,pot holing) 3. Plans call for Saw Cutting Ault(is this row,out) 5. Can machine wOdk agariog ooncnte Sauer and curb 5. Caiarosai wands Cq to take hill resportubdity of;Immages caused by this machine(Bob. hal"ccaa said machine will probably rip oat any annurked piping and take pavemem with 130 ween E,D,and Arrowhead the gas lives were very close to scan Bros and.rata hoe. if the tmrttarbed pipe is ppped oat,it is poadhk that main water hm or other pipes come out With a 6.7. 1�pays to beach ptatc what opm beach�not be sealed in days work became the coy cow a rock saw work bdix doem't mean that its going to work for this job and Cmxcuc&L of aws eyelid If you arc so ems that it will work,why don't you take the responsibility gal. Saemiag dasphah(cobble sizepwetpk)hum bo*W be gat. Rtrooasprtim more tbau dmrnhla �Y ' d gbl. FJVostlag of rock saw maimal(mote than double omuriag now.) 0)2. uP rode saw andon-1(not thought our yet) SW Slaey hoddIll cost 9. Ptaus do not all Lop a rode saw,and ColamSli ConetrWWon would have never have bid on ihia jeb if they knew a rat saw would be needed Tile"b"Bat souse of the 5fdasr�'�y the t�dasys&vtYh t4 min Bne>� P 7(idmtilied from the am&=)that we would anticipate going through 1. Supt hkhm next b back of curb 2. Street light p des(not to mention fouedation)very close to back of curb 3. Signal fight high voltage mvaing nod b bade of curb in some area 4. plabably MWy P (several )aad bumness owners would um Delaying Future Colarossi Construction Jobs Pto)ect IS'a take�than 4CSaar C the bid on,we estimued the Saa Bemadim Suottscap, o Meet a MW take Icas than to complete. Since the Diana were misleading and the City of San Beroadino that uve have the schedule has ban draatiaBy increased and will go into fuhue jobs planed b Bermdiro Snxtsapo 1'toject was complete, starts in and Octoper. FAdmkok La. COO(salt) Untt Ibtal Coat ,y Dalafa S 2000.00/day T(/7 S'R/// �✓',/(, Thft Diby haergsis"m 't&MY W40jaliM on for above pa)*if any'time asi acts c 'W by the above PCds will be provided to the City. j _ TI V I Z-Y REPOR Z", 4)E SEP-24-99 10: 32 ID:9093845155 CSB PUBLIC WORKS DIVISION GRAND TOTAL XMT PAGES = 002225 GRAND TOTAL RCV PAGES = 004437 GRAND TOTAL PRINT PAGES = 005658 NO_ DATE START MODE IDENTIFICATION PAGE TIME CODE JOB No. 01 SEP-22 14 :46 G3/R ..9093862332 001 00 .56 OR 02 SEP-22 15: 14 EMMR/R 004 03 . 57 OR 03 SEP-22 15:20 EMMR/R 004 01 .41 OR 04 SEP-22 15:24 EMMR/T 3873362 003 00 .58 OR 009 05 SEP-22 16: 39 G3/T 9099990546 002 01 . 10 OR 010 06 SEP-22 16:46 G3/T 8016349409 002 01 -57 .QK 011 07 SEP-22 16:46 G3/T 8016349409 003 02 .40 OR - 012 08 SEP-22 17:09 EMMR/T 97791445 002 00 .59 OR 013 09 SEP-22 17:26 EMMR/T 97843925 001 00 .26 OR 019 10 SEP-23 07: 15 EMMR/R 001 00 .51 OR 11 SEP-23 07:27 EMMR/R 1909 B66 4954 009 07 '03 OR 12 SEP-23 08:46 EMMR/R 909 384 8477 016 06 .31 OR 13 SEP-23 09: 11 EMMR/R 909 937 0202 002 01 ' 19 OR 14 SEP-23 10: 14 EMMR/R 909 890 9355 002 01 '23 OR 15 SEP-23 18:47 EMMR/R 001 00 .34 OR 16 SEP-23 11 : 53 ECM/R Via Fax 001 01 .32 OR 17 SEP-23 11 : 57 EMMR/T 93824106 002 01 ' 17 OR 015 16 SEP-23 12 :00 EMMR/T 813+345+1624 005 02 .57 OR 016 19 SEP-23 12:06 G3/R 9093862332 001 00 .46 OR 20 SEP-23 14 :23 EMMR/T 7146716721 003 02 .22 OR 010 21 SEP-23 19 :26 EMMR/T 7146716721 002 02 . 11 OR 017 22 SEP-23 15:41 ECM/T 9098630747 001 00 '39 OR 019 23 SEP-23 16: 13 G3/T 714 758 9423 003 80 . 36 OR 020 24 SEP-23 23:02 EMMR/R CCC 001 00 . 36 OR 25 SEP-24 06 :01 G3/R 909 371 8499 001 00 -42 OR 26 SEP-24 07: 58 EMMR/R 1909 686 4954 009 06 - 10 OR 27 SEP-24 08: 12 EMMR/R 8003441912 001 80 .39 OR 26 SEP-24 08:20 EMMR/R 909 338 6894 002 08 '53 OR 29 SEP-24 08:26 EMMR/R 9094783499 006 02 '41 OR 30 SEP-24 08: 38 000 00 '00 CALL 31 SEP-24 09:22 G3/R 9093882332 001 00 '45 OR 32 SEP-24 10:28 G3/R 8016349409 007 83 .56 OR p?eF'RNA�C�AO i. rA C I T Y D F his Bernardino DEMLLOPMENT S E AV I C E e DE P AB T MEN M I C H A E L E . H A Y S Y I A B C T O A September 22, 1999 tle No. 7.37-5040 COLAROSSI CONSTRUCTION 7600 Reche Canyon Road Colton, CA 92324 Mr. Larry Colarossi Sr. REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE. Dear Mr. Colarossi, As you may be aware, according the Standard Specifications for Public Works Construction, Section 3-4 Changed Conditions, "the contractor shall promptly notify the Engineer of the following Work site conditions (hereafter called changed conditions), in writing, upon discovery and before they are disturbed: 1) Subsurface or latent physical conditions differing materially from those represented in the contract:" To date no such correspondence has been received by this office with respect to the "Highland Avenue Streetscape Project". Our field representatives have been working diligently with you since Thursday, however, to explore other viable construction methodologies to accommodate the additional pavement thickness and material you have apparently encountered in the project. Specifically, an alternative method of trenching was discussed using a"rock saw" trencher; an economical methodology used successfully by contractors on similar projects administered by the City in the past. We also attempted to contact you today to meet with you regarding this issue. You refused to consider utilizing this construction methodology as a potential alternative and suggested that you may require an additional 40 working days and substantial additional costs to complete the job utilizing your current trenching technique. This has left the City no choice but to issue you a stop work notice in accordance with the Standard Specifications For Public Works Construction, under Section 6-3.1, Suspension Of Work. This Stop Work Notice will remain in effect until such time as you have: C p N 0 A i N 0 S T P. E T . S A N 8 E A N A A 0 I N O . C A L I F 9 2 a 1 8 . 0 0 0 1 1 0 0 0) 3 8 4 - 5 3 S 7 . F A K ; 3 8 4 . S 0 S O I P U B L I C IN 0 A K 6 F A K ; 3 5 S -5 1 3 3 Page 2 1) Formally requested a "change in condition" from the City in writing. 2) Submitted a fair and reasonable request for additional performance time and cost based on an economical alternative trenching methodology. If you have any questions please call me at 909-384-5225. Sincerely, STEVEN ENNA Construction Engineer Cc: Michael Hays, Director of Development Services Raymond Casey, City Engineer Henry Empeno, Jr., Deputy City Attorney Bob Butler, Construction Inspector C � f 0 1 T Y O F 1 r D IN San Bernardino DIYILOFYINT IIRy1Cl8 DIF AN T II I NT Y I C Y A i L R N A Y a O I R [ 0 1 0 R —August 27, 1999 File 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Re: NOTICE TO PROCEED: Installation Of Streetseaping On Highland Avenue Gentlemen: From "E" Street To Waterman Avenue All contract documents, bonds and insurance certificates have been completed and submitted to the City for the above-named project. PLAN NO. 9845 FILE NO. 7.37-5040 This letter is your NOTICE TO PROCEED for the above referenced project in accordance with the Plans and Specifications. There are forty (40) working days allocated for completion of this project. The starting date is 8/27/99 and the completion date is 10/26/99 Please famish this office with the name and emergency phone number of the project superintendent or project coordinator who will be available at all times. Arrangements for inspection can be made by contacting the City of San Bernardino's Public Works Division, at (909) 384-5166. Very truly yours, �'-�C B/✓p-q� i MICHAEL W. GRUBBS 6 y Acting City Engineer JLC:ic cc: Steve Enna, Construction Engineer /Andy Navarro, Eng. Aide Lynn Merrill, Acting Director - Public Services Henry Wingson Const Inspector 300 NORTH O ' STREI T. SAM 8 RNA R OIND. DA � IF 9 2 III 0001 (949) 314 _I3I7 . FAX : 314•IOI9 / F O I L I C W O R N / FAX : 344./ 1I/ �eERNAiR? C 1 T Y O F igg, E D I IN ,a� San Bernardino OE VA LOP SO ANT 9 ! AVI CA OEP AA T YE NT M I C H A E L E M A Y f "I✓\ 2566 B I A B O T o A g.3`cP J 6 August 5, 1999 J File 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Re: NOTICE OF AWARD: Installation Of Streetscaping On Highland Avenue Gentlemen: From "E° Street To Waterman Avenue The Mayor and Common Council, at their joint regular meeting of August 2, 1999 adopted Resolution No. 1999-192 awarding the contract for the above subject project, per Plan and Specifications No. 9845, to your firm. The amount of the contract is 5158,433.00. In accordance with the Specifications for this project, you are required to submit bonds, insurance (naming the City of San Bernardino as an additional insured) and executed contract documents within ten (10) days of this notice. Additionally, a pre-construction meeting is to be held with City staff and other involved agencies to discuss the project the timing and potential conflicts. The pre-construction meeting should be conducted within this 10-day period. Enclosed are the contracts signed by the City of San Bernardino. Please sign and return all four(4) copies to the Division of Public Works. Upon completion of the required documentation, a Notice to Proceed will be issued for this work. In the event you have questions or need additional information, please contact the Division of Public Works or my office at (909) 384-5111. Very truly yours, MICHAEL W. GRU13BS Acting City Engineer JLC:lc Enclosures 3 C C N O R T H 5 v p ; T . S A N 49 0 9 1 l 9 l . S 0 9 T FAX : ] 9 0. 9 0 9 0 / P U B L I C IN 0 A % ! F A I C l 9 9. S 1 ! l Z a l l - : C JAN-24-00 07:53 9492610771 P.02 R-091 Jab-770 JAN-24-00 00: 56 FROM:WATT TIEDER HOFFARBFITZGR ID:9492610771 PAGE 2/3 WATT, TIEDER, HOFFAR 'W%00 Irvine Celirornia 92614 +� F�TZGERALD, LLP Telephone:949-a52E771 ATTORNEYS AT LAW Feoeimile:94&261A771 www.wmf.rnn r=rjW*t W#,-4Mt rnhllr.illCmVDe.VCms Mtg: Robert C.NieSley Via Fax Only 0 miesleyOwthr.com rF (iuenaa Item Henry Empeno,Esq. J . DEPUTY CITY ATTORNEY -- CITY OF SAN BERNARDINO Gny ClerkICDC Secy 300 North D Street City of San lfernardinu San Bernardino,CA 92418-001 Re: Surety: First National Ins. Co. of America ("FNIC") Principal: Colarossi Construction("Colarossi") Dear Mr. Empeno: I received your telephone message of Friday, January 21, 2000.I was disappointed to learn that the City of San Bernardino's ("City")representatives are refusing to meet with FNIC prior to today's meeting with the City Council regarding the proposed termination of Colarossi. I have read the"City of San Bernardino-Request For Council Action" document that was forwarded to FNIC mid received on January 21, 2000. There is one misstatement and one misperception that need to be clarified. First, it is not true that"City Staff had been in contact with Colarossi's bonding company and has attempted to have the bonding company intervene and influence the Contractor to remedy the deficiencies in his performance to no avail." No claim has been asserted against FNIC !!! FMC has had knowledge of a pending dispute for only a few weeks and was advised that the parties were negotiating a resolution.FNIC has a pending document request out to the City which,to date,has received no response. FMC has been given little or no opportunity to"intervene and influence" anybody. If the City provides the requested documents and some time to analyze their contents,FMC may be able to provide some assistance brokering a resolution that is acceptable by both the City and Colarossi. Second, the statement that the termination of Colarossi will have no immdiate financial impact upon the City may be incorrect -- depending upon what FMC's investigation reveals. A surety is entitled to the defenses of its principal. If it appears that a good faith dispute exists between the City and Colarossi,the surety has no present obligation to pay on its bond.l don't know how the investigation is ultimately going to turn out because FNIC has not been provided with documentation or access to City personnel. FNIC renews its request for a meeting with the City and for documentation. Additionally, FNIC respectfully requests that any action by the City Council be delayed by two weeks so that FMC can have an opportunity to conduct a minimal investigation and hopefully negotiate a resolution to this dispute so as to avoid a termination. /7/ McLean. Virginia Washington, D.C_ Florence, Italy JAN-24-00 07:53 9492610771 P.03 R-091 Jab-770 JAN-24-00 09= S9 FROM=WATT TIEOER NOFFAR&FIT2OR IO=9492610771 PAGE 3/3 Henry Empeno,Esq. January 24, 2000 Page 2 Please call me immediately. Very truly yours, WATT, TIMM HOFFAR&FITZGERALD ROBERT C. SLEY JAN-20-00 22. 52 FROM-WATT TIEDER HOFFAR&FITZCR ID.9492910771 PACE H/1 WATT T EDER, HOFFAR w ne.r auro� & I�TZGERALD, LLP Taepha :949452-67M ATTORNEYS AT LAW Fpr,OL :806251-0771 wvw.wae.o� January 20, 2000 Rpbert C. Mosley rniaslay®wthf.com Via Farl Only Mr. Raymond Casey _m City Engineer Development Services Department _ f 300 North D Street ° San Bernardino, CA 92418-001 ^' ern Re: Principal: Colarossi Construction("Colarossi") a °_ s z� Surety: First National Ins. Co. of America("FN1C") o D m Project: Streetscaping on Highland Avenue ;p Our File No.: 100202-5 Dear Mr. Casey: The undersigned is legal counsel for FNIC, the performance bond surety for Colarossi. I understand that the Development Services Department("DSD")is preparing to recommend the termination of the above-referenced bonded contract on Monday, January 24, 2000. FNIC hereby respectfully requests a meeting with the DSD and City representatives responsible for making any recommendation to the City Council regarding the bonded contract.This meeting needs to occur before any action is taken by the DSD to terminate the contract or recommend termination of the contract. The City has a duty to mitigate its damages,to the extent those damages are ultimately sought against FNIC or anyone else. I can meet with City or DSD officials as early as 1:00 a.m. on Monday, January 24, 2000. If the City is willing to meet,please leave a message on my voice mail(949-852-6724) identifying the time and location of our meeting.I will be out of the office tomorrow,but will check voice mail frequently. I look forward to working with you. Very truly yours, WATT, TIEDER,'IH�O'FFFFAARR&FFlTZGERALD � ROBERT SLBY cc: Nick Hyslop Blake Hudson McLean, Virginia Washington, o.c. Florenco, nay JAN-22-00 12:31 9498529778 P.02 R-009 Job-768 01/22/2000 12:33 9498529778 BLAKE HUDSON,ESO PAGE 02 HUDSON & BROWNING ATTORNEY$AT LAW 18952 We ARTHUR, SUITE 430 IRVINE, CALIFORNML 92612 TELEPHONE(949)622-2150 FACSIMILE(949)852-9778 BLAKE A.HtwB PARTNER 8LA E@MX)90NLAW c0M January 22,2000 writs DIMd oleo(949(864.9174 Mr. Raymond A. Casey City Engineer Development Services Department 300 North D Street San Bernardino, CA 92418-001 Re: Colarossi Construction Our File No.: 555-1012 Dear Mr. Casey: I have reviewed the Staff Report ("the report") which your department intends to submit to the City Council on Monday. The purpose of this correspondence is to demand that your department revise several misleading or outright false statements contained in the report and include my correspondence of November 10th and December 17`b 1999 and that of January 13d'2000 with the report. The assertion in item 1 of the report that Colarossi Construction ("Colarossi') abandoned the project on 12/29/1999 "without notice to the City" is patently false. My December 17Th, 1999 letter clearly informed the City that Colarossi deemed the City to be in breach of contract and would thus exercise its right to stop work if the breach was not cured by December 29Th, 1999. The breach by the City was not so cured. Moreover the assertion that Colarossi "returned to work,also without notice to the City" on 1/1212000 is false. You personally met with Colarossi and Mr. Grubbs on January 6h 2000 and were told that Colarossi would return to work and consider excusing the breach of contract by the City, if the City would promptly process the overdue pay requests of Colarossi. Colarossi did return to work as agreed. The City has not paid Colarossi. Likewise the statement in item 2 that the return by M&M boys, inc. of the tree grates "indicated a lack of commitment to complete the project" is false. As you know, JAN-22-00 12:31 9498529778 P.03 R-089 Job-768 01/22/2000 12:33 9498529778 BLAKE HUDSON,ESQ PAGE 03 Mr. Raymond A. Casey January 22, 2000 Page 2 the City was to pay for these materials by the end of October 1999. The City did not. As we agreed on October 19'h: "The City of San Bernardino will advance fees for materials to be incorporated into the work of improvement to avoid having to send such materials back to the material supplier. Alternatively, in some cases, the City of San Bernardino has contacted the material suppliers to assist Colarossi Construction in avoiding any costs associated with having to return materials." As you also know, the City later attempted to have Colarossi accept a pay voucher, not only for the materials at issue, but also as final payment for amounts in dispute for time and materials work. A second pay voucher did not provide for the full amount owed to M&M boys. Colarossi stands ready willing and able to complete this project, including supplying all necessary materials. The outright falsehood in item 3 that there was an "agreed upon performance goal of 300 linear feet per day" is shocking given the numerous meetings and discussions regarding the subsurface changed conditions encountered by Colarossi on this project. As you were informed at our October 19, 1999 meeting, Colarossi at no time agreed to this rate. At that time, we agreed that whether Colarossi was performing diligently, i.e., in "good faith" within the meaning of the specifications, would be based upon what subsurface conditions were encountered. As I stated in my November I O`", 1999 letter: "The 300 foot-a-day production item is simply a goal and there are no guarantees that 300 feet a day will be performed." I again reminded you that no particular rate could be promised in my response to Mr. Grubbs' "default letter": "It was explicitly agreed that this would only be a goal and that due to the unforeseen change in subsurface conditions, no guarantee could be made as to any particular rate per day. Even if it is true that the completion rate of Colarossi Construction since November 1, 1999 is 67 linear feet per day, that is due to the site conditions (not represented on the defective plans and specifications), and not the work of Colarossi Construction. Furthermore, any decrease in a reasonable rate is due to the interference of the City personnel specifically, Mr. Michael Grubbs." ,JAN-22-00 12:31 9498529778 P.04 R-089 Job-768 01/22/2000 12: 33 9498529778 BLAKE HUDSON,ESO PAGE 04 Mr. Raymond A. Casey January 22, 2000 Page 3 Item 4 is also incorrect. As you know, Colarossi has requested clarification regarding directives by City personnel with respect to the details of the documentation in dispute. Despite such requests and City promises that such clarification would be immediately forthcoming, the City provided no such clarification until January 2000. It is the position of Colarossi that the City is attempting to utilize unclear and vague documentation requirements, in order to avoid paying Colarossi money rightly due to Colarossi. As I have informed you on multiple occasions, the real heart of this dispute is the actual fraud, corruption or actual malice involved in the actions or omission of Mr. Grubbs. To date, despite numerous complaints to you about Mr. Grubbs statements and behavior, nothing has been done. Please provide this letter to the City Council as well as the other documents intentionally left out of the attachment to the Staff Report. Very 11. yours, HUD , rG Blake . H dson BH:bg CC: Colarossi Construction Robert Niesley, Esq. Henry Empeno, Esq.