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23- 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 Avenue (Colarossi Construction) per Plan File: 7.37-5040 O U 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: 4,/14, 0 02 3 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 ajoint 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 II/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". �F'RNARU�H y— G CITY OG f�Cq"iYE�n P5an Bernardino O E V E LO RYE NT SERVICES DE R AR TYE I M 1 C H A E L E H A Y g 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 [he City of San Bernardino. 3 0 0 N O R T H D S T R E E T . S A N V E R N A R O I N O, _ I S (505) 5 &4 -5551 . FA X : SS 4- S0a0 / RV 0 IC WOR C A L I G 9 2 KS RAX : O O O I 5 166 nigniand Zitreet 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 rum 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 Highland 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, Depury 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 f PUBLIC WORKS/ENGINEERINC HUDSON & BROWNING ATTORNEYS AT LAW 18952 MAc ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92612 - TELEPHONE(949)622-2150 FACsIMILE(949)852-9778 8u*A.HUDSON PMtTNER BI @BNUDSONLAW.cON January 13, 2000 Wr tefs Direct Dial:(949)862-9772 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 4 ly yours, HU BROWNING Blake A. Hudson BH:bg co �c J H m J <� Ly a "^ _ o W o2 v =� o= n Colamssi/Ltmr m Casey �yl ! ' 1 � ' 1+ P � w z 0 W = Q U � y U Q on ' c rA g ' 0 y T E E tl C O O O + GUQ � v, •u v s N ru m 0 o- S I I � A (� d Z 0 m rN Zh £ r' 8 ! ,;,r 00 m m ONIOb Phe3e h. � 3, A11O ZZ o U )NId33NION3/S)f80M 011and d or P?6ERN D'� _ A C I Y O F a 5tlfberfiardi-fio ED IV G�D 18� r. DEVELOPMENT SERVICES DEPARTMENT M I C H A E L E H A Y t D I R E 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. 0 0 0 N 0 R T N ' D ' S T R E E T . S A N B E R N A R D I N O. C A L I F 0 1 4 1 6 - 0 0 0 , (000) 064 - 6561 • FAX : 066. 3060 / PUBLIC WOR K FAX : 3 6 4. 5 1 66 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. Lary Colarossi, Jr. — President January 18, 2000 File No. 7.37-5040 Page 2 Subject: Installation of Streetscaping on Highland Avenue, from `B" 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 PUBLIC-WORK SIENGM.EQolarossi Construction riTy 13 aM ;0 ;2 Lic S 742283 7600 Reche Canyon Road ERCIRWIED Colton, CA 92324 Phone(909) 783-1823 JUN 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 Bemadino Development Services Department 300 North D Street Phone(909) 384-5357 San Bemadino, 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/ENGINEERIN( PHONE (909) 783-1823 rITr Or c • >reV- QMNO FAX (909) 783-9171 nn .jpN i 3 ,M i l 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 1 POINTS OF CONFUSION FOUND ON THE NOTICE OF E § fNGINo ERyNGr r, In paragraph one, the City states that CC has appeared to have abanaon(M the pr jectl 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 lrst 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 Back-fill 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 states that "It was agreed at the meetings that you (CC) would work towardp%ge� Rfo Q EWkear feet per day of trenching, back-filling and restoration of pavement". r.IT V ` • NI o N . o�"40 At the meeting (01/06/00), CC provided Ray and Michael calendars for the mor`jh, Set,P%,,Nov, and Dec of 1999 which identifies disruptions (an interruption to laborers tart s�topseir�o� rhythm 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 agieed 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 fetter, 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: 1. 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. 500It Skdsteer 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 checks 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. From the meeting on 01/06/00, it sounded like Michael Grubbs and Larry Jr were the only two i+ gghviduals that knew what these checks were all about. Since our lawyer is also being silenced by the }iF pity,Anthony Colarossi believes that Mr Hudson doesn't even know what these checks encompass. nz 2c W� N_ C"i Y' - K' 6� Z 3 a C m_ C Page 4 9� n 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. 1 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 3trry-Jr and at least itemize what the check is for. g is ulflikely the confusion will stop, and this is a good reason why CC requested more meetings 3jtwean the City and CC. However, the City noted at the 01/06/00 meeting that they didn't see the z#oinm having these meetings. weft the unnecessary problems noted above, all monies owed to Colarossi Construction by the City o gf Salt Bernadino will be disputed, unless a written agreement between the City and all members of �t£C ]ills been signed. —> c Page a RESULTS OF MEETING ON 01/06"WORKS/ENGINEER IN( CITY 11 " U -C04- �MNO The meeting brought about the following: nn .j AN 13 AM i 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/Extra 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. 2. 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. 8. 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 a seat 7NTRACT10JL N • CHANCiE3 IN WORK —his e1 ��a�� adltrttasent wt(1 based upon then case or decrease "�Y�MaiD !Y THI + in quantity rued the Contract Unit price ti so,ed n�err� Chayaa to specific methods I Item, the use of wmcb an tfo rcase or decrease in a merit Bid t.l �y be tnsds at the of be limited to that basis for the change.ument of payment will "nanges n the by the Eayroe ntnctor's request when allrcern O he total to thatiem. Is not h in excess e or 2s Plaue iW of such "ern based on the original Ing by the Contriaw whicA ����u'ested in I quantity and Contract Unit Price the revs f the p 07t 4wmetil to the Work oorttoo the If a change is ordered in an nem of work covered b� v Mr�Y, Miry be granted by the + Contract Ulu' Price. and such change does ire s '[tare the Work, wlsati � in 73oary to I substantial change in the character of the w ofe a ,tier writing by the shown on the P work from that Plans or included m the So Actions, an 1.2 Pa7�at 2 2.3 ent in payment will be made in atxo traeter. If stieh darylia�yf rtus��d � by the I 2 2J. rdance with 3- ad�uotsal they [hall be Should vn�hesin d" M stisticu sd p lvin to the A.yert he payment will be Contract nem be deleted m re error t :ragor to Mics"Mae of foth right to the t8eation or such only for actual costs incurred prior io daeWr nd� 41eGon CAANGIS "IMATZD By 28i AGENCY. 3-2-2.2 Supehsed Unit Prices. Sti 7 :.1 Gt& clis Tba Ate,,, dy a by the Agency in the ContractnlDo umentse ,dad idp{, elatRyar d(�y "' e the fans. M'hed from Contract Unit Prices submitted by the the IoW wotlk or quantity of work Contractor Stipulated unit pr.ces may be used (or the addttise and arl>t�aYo��Kafue of aU such �. adjustment of Contratt changes r+^ Price ShMM it 1�tuera t of the 3-2.2.3 Agreed the t y wrinti to msoeed this t han t Prices. Adjustments in paymcnts fcr C byWwrttten Supplemental ng'p other than those xt torah in 3.2 2 1 and 3.2 2 2 Nell s agree to ptooed with the unless both If unable to reach between Contractor and Agencti y elteis/s Chanjc CKder. Contractor to greement, the Agency may direct the of the Orders M W [Bala the dollar I 'mince with ProceM an the bass of Extra Work in [merit in porgy WA � of m7nent, any J-J Ex7RA woRlc `G,•i�:,-=�(3 +ed shall ptorida lbr the Contract s D^aa are _ peL,-k.,- sting accepts= uactor's signauue 3-3.1 General. New unforeseen wo will be classified CO z ?ayeeat, as .�d w'orkswhe&the E bpCoixraci Unit ngineer determines that it is not. 1'ticatr stipulated unit prices r m2.1 Cage C work mot w b a Z: V a dye u udered in 3a.2 Pa7lueat. wprlt °astW by a Coateaa t1 } e don not hom �Ma�e ! Change in alert amoral- When the price for the extra work rations, then u Pla" or uwJL dad in the work bused on the Don. the Agency will Pay for the extra aytt�srt y prtyment will be made accumulauor of costs as Provided herein 7 j Chapter �- 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 is a formal change to the construc- tion contract that usually includes a change in work scope (usually an increase; however, a decrease is also possible). With a change in work scope, there is usually an increase in cost(again, a decrease is possible). Also, with a change in scope, there can be a change in the time to perform the work. The Rig"to Make Chang" In virtually all contracts, the owner retains the prerogative of making changes to the work by the use of clauses, such as: 7%e Director may, at any time during the progreas of the work, authorize addi. lions, deductions, or deviations from the work described in the specifications as herein set forth;and the contract shall not be vitiated or the surety released there- by - .Additions, deductions, and deviation& may be authonzed as follows at the Director's option: 1. On the basis of unit prices specified. 2. On a lump sum basis. S. On a time and material basis. Pur'ther,the contractor must accept this additional work as it is within the con- text of the contract.Although the terms *additional work and"extra wprk'are' he r Synonymously,tltete is an-impor tattElegal'distilMbUljft*f�orli=tii¢olvese the re9iar ement for Ps;IbrW ance;of*Sik ei tirnly mdepeiideiit'oftl%e pcttXraety)n Public CovtslrpMion canttcUa arfd>•the_Laiu,'(McGraw-Flil} . 1961 t;:flap AI Cohen describes extra work Zhepeifotmant of work '. _ the-nbquired_labor and riiafertaU outride and snare! and the rnishnlgbf•i Oeo'�rS to complete the;coittrabt or wmethi Y independent of and n 11ie iagttzremente of the contract, not mntempis[ed be the urn,Via_ a to xceee:vi Y parties, and not con- i �_ � �j,iN�" -� nh, ( .L��� 1rJ "+a�(r �•� hr'. ^,n. r (� "dad by the cunt- c (p. 124. (Citations: Kansas City Bridge Co. v. State, 250 N.W- 343,S.D., 1993; Blair v. nited States, 66 F. Supp. 405,Ala., 1946.: Adda"W urork 1e,the -*k that can be imposed within the contract ducu MUM. It is a change or�gteration.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 documentei-recognition of better mrvada or m}teriala to achieve the required effect, resolutions of problems -� »0WNQ_ ah+___t�op�of unfore8ftn g9ad tio_n`s-not apticipated, and similar adjustments within-the intent of the original contract. h WNh in the context of additional work change orderg, the owner may impose Z h canges to update the equipment, to recognize different functional require- - a J` MOM and to otherwise improve upon the design. Changes of this nature POtentially be identified as extra work rather than additional work. As Q1 �L work above and beyond the contract, the con actor may choose to refuse extra- J2 _ work orders. However, generally speaking, the c n�ctor will prefer to \`? acaept botb ad tonal work and extra work change orders if they do not obvi. o .�.' y impede 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 rheop Order can be very difficult. Orlpins of Cho"Orden 7%"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 (ualoesaeen ate conditions), and/or the contractor. The question of whether a change order will result in a credit or payment to the tonUmctor is a matter of interpretation of the plans and specifications. The field angineer 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- traotuel awpe—either partially or completely. Change orders are initiated through various methods. An RFI (request for rnfosraatlmi) usually precedes a change order, or a bulletin can be issued ' requesting a price from the contractor for proposed revisions. Sketches often aOOOmpany thin bulletin. Direction can also be given verbally to make changes in the field. In addition, revised drawings can be issued. Spectffeadon for Chang" The basis (i.e., authority and process) for making changes to the contract is usually in the general conditions Portion of the specifications. Many large organizations have standard general conditions clauses. These are developed September, 1999 San Bernadino Street Scape (4649) Sunday Monday Tuesday Wednesday Thursday Friday Saturday I 2 3 4 T&B 012" Asp (7.5hr) •` 2) Aban Gas Lines (O.Shr ) 3)Truck Haul (f.5hr) 5 8 7 8 9 10 11 T&B Ont) HolidayOSubsurface 24r (1.5hr) Sick Conc (7hr) 2)Subsurface Sick Conc (7hr) 12 13 7&B 14T 48 (int) 15 16 17 18 012 'Asp OSubsurface T&B T&B City Says (7hr) Conc (7hr) 012-hard asp OSubsurface Day Off 2) 24-Depth 2) Mole S/D (6hr) coot (5hN I) Dens Fail Soil Testing (I.Shr) (.3hr) 2) PCO discus & test (2hr) gC136 & C0.5hr) 2)Asp (2.5hr) DI557 tests 3) Trencher 3)Addendun 3)PCO discus 2) City Day Brake C.Shr) discuss 3)Truck Haul insP (.Shr) Off (Bhr) 4)Haul (1.5hr) (.5hr) (1.5hr) (Bhr) 19 20 21 2?A 23 24 25 Soil Testing Sp Pave 1) Report Asp Pave Asp Pave 1) Redip & Enna Phone Graphing on Testfill ORecosoact ORedig & Recogpact Call Schedules (4hr) & Redip (4hr) Recoapact (4hr) IMA (.5hr) PCO Report U Intersect 2)Final lab 2)Place Aso (4hr) 2) Place Asp 2)PCO O YritLinp (4hr) test data (4hr) 2) Peve (4hr) report prep (Bhr) 2) Straight Slop Notice (2hr) (4hr) 3)City sends (7.5hr) Shots (4hr) 26 27 28 2q 30 C%fLY Meeting O City Form Develop City Meeting request T&M T&M Invoices ONegotiation O Negotiation (0.5hr) 1) Rental Proceedings Meeting Everyone Data Calls (2hr) (2hr) pone in a & Research hurry ?? (f.5hr) (no direct) isruptions-/ Delays S' yy� Oh3 vv /"''. )NItl33Ailoti3%S J180M O!)804 October, 1999 San Bernadino Street Scape (4649 Sunday FIV n ay luesdaY Wednesday Thur s ay rI May a ur a; 1 2 3 4 S 6 yisp 0uttlnp 7Slop work $Letter to 9 f)wtr Dept ONo inspect Cit Main Tap Clean Vp 2)Cantact 029th ueet discuss 1]I HOP owner Lawyer 2) No inspect ( /2hr) wad at debry 3)Steve Enna 3)Enna no 2) UTI warn (8.Shr) letter liming return calls at Lugo were not at 4)Enna lie (1/2hr) work (2.Ohr) 10 II 12 13 14 5 16 17 18 19 20 21 22 23 Meeting with fitY&Lawyer 1 Our Lauver had to arrange this we et ing. (2.5hr) 24 25 Casey Letter 26HUdson 27 Fax to 28 29 30 1)Material Letter Casey Sierra Meet Invoice Fax 1) Michael 1)Reply to DMe, Larry 2)Please City Grubbs Contract Sr b Jr reply Letter Time wet with request. 6 S/G 24" Statement Henry (2.Ohr) condition. sent 10-26 Insppector (1hr ) to us (1hrV (1hr) 31 Disruptions/1) a' Li� )NIM33NION3�1 L M 3 i13d 1 December, 1999 San Bernadino Street Scape (4649 ' Sunday Monday Tuesday Wednesday Thursday Friday Saturday t 2 TaB 3 TaB 4 IJ IB" Asp/ 1) Bobcat _ T d B Canc (7hrs) Breaker O 19-21" Asp/ 2) Lawyer 8 (Saved 5hrs) h Cone (7rs) Archives 2) 18° Asp/ Discussion Cone C2.5hrs (1/2hr) 3) Wind (1/2hr) 5 6 Tae 7 - 9 I� 11 U S manhole T a b a B Cint) CS.Shr) 1) Hrd Asp 1) 8 asap/ f)No 1) A(1hr) c 2) S/G Cban C2hrs) 2)cony shut direction t el/Conn collapse it Native 2) City shut (2hrs) Steel/Coot CLShrA soil loss haul us down 2) 15" Asp Structure 3) Hard Asp Clhr) (4hrs) (4hrs) (ghrs) (1/2hr) 3)S/D Clhr) 12 14 a B (int) 14r a B (int) 15 roe 16 17Aso Pave IS f) Rob burn f) Unwarked OIS" Hard ThB OCald Patch 2) Asp/Conc/ 24" Live Asp (bobcat 1)Hard Asp dirt/conc Water line breaker use) (4hrs) discuss (3hrs) (1.5hr) (6.Ohr) 2)Nepotiation (f/2hr) 3)4alve 2) Train 2)Sch00 nips discussion 2)Lot owner discusion Tracks (f.0) ay fault inspector wad so Po to (1/2hr) 3)S/D CIhr) (1.5hr ) (1/2hr) clean up C7.5hr) 19 20 21 22 23 24 25 26 27 2 29 3 31 lsruptlons Delays hr 1 Nyr uu 9/y b33N19N3/618, J 3119Ad DAILY EQUIPMENT FORM SHEET_ OF TIME & MATERIAL WORK Date: Project: San Bernadino Streetscape (Highland E to Waterman) (Job No. 4649) Change Order: Trench & Backiill 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 10.60 T I Barricades and/or Traffic Si Stands 0.38 ea/hr Dom Truck In[6- . Backhoe 410 25.00 JD 51900 Water Truck 2k tank 38.01 Int $30.00 Wacker Corn ctor BS62Y Wacker Compactor BSS2Y 9.00 S eer Tractor w/bucket 751 Bobcat $9.00 Bobcat Sweeper $1 Attachment B 9.00 obcat w/buck t r er ttac em $12.50 Air ompressor v!Air $14.00 r er 60#Hand Breaker Sul Air Air Hoses $4.50 Moil& Chisel Points Powder Puff Kammer WARP 19575 Mole At---- \krmeer 20 00 Mole Hoses Vermeer 3/4" Concrete Hand Saw $0.90 16" Concrete Blade $6.00 20" halt/Concrete Saw $20.00 MK-20 Series 6"Green Blade $15.00 20" Blade $15.00 Oft Ditch Witch Trencher Ditch W 31.50 i[ch $28.50 Hand Shovels Brooms,Hand Au er $0.40 ea/hr Com n , Whicle 98/Ford/Ran er Com v Vehicle 97/Forc F150 $9.00 Com Vehicle 4x4 $10.00 89/Ford/R er 57.50 Com m• Vehicle White 99/For d/F 15 150 Tilt Trailer $11.00 Lil Tex 1400# $5.00 Tilt Trailer AZ CAL 5000# 3 Ton Smoom Drum Roller 5.00 " CB $17.00 ***RENTAL RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE*** Submitted by: Anthony Colarossi Approved by: cfi � 3N1d33N1DN30S718oM 317911d ---- - -- ,• ^`i � I PAGE Bl COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Lic.# 273713 P"'E'w"Lne # (9D9) 783-1923 7600 han, Canyon Rd.Z Cohon, Ca. 92324 JAN 11.E 2000 Fax# (909) 783-9171 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES /�00 O DEPARTMENT Q( O( 4 8N5 To: RA� q, CASd1 , P �Er OOR. -'a/c"PhojdE CoA) je- rS-AioA) o f 7AU QA X� t ► - ao 0 o I/, ]s ,Pei R rd 1N� 13r"C-4 of OA) SCAPer s° 8 - ou -144C 4 Cron ', will FA)( M A cq 4-A4Me,v+ wIIc,j h, w -jfl PAc,4 Por sep • � 9 13; !f ; A) Ara o For V40W Much we - NEuGi f2eC16U� p Ov A-He,,04ic3 c) +0 + h ; s AI A 446- e � N 6c3 v `s f v Be., rC --Sp fu E D /Uott) .l pleA7t resPou4 (~' ► D Ad I- I/f-a000 © r � w i /l co,uclvd6' 4-hA4 Number of Pages Including Tlvs One: +bar 0-n1'_4 { 0 f sAAj $ ePNAf�Ii�Jd i S ink BftAG7t COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut_ Lic.# 273713 7600 Reche Canyon Rd. Phone # (909) 78 a 3 3 Fax (909) 783-9171 - /0/1 a0 G 1 To: /►//e IFA )v'ZAJ a 0A se- P/eASL1 p , ) V �F � # / W OffAst'- Alsa 190 �a- �1►n wE �'A ,c�o 4o M Grp B8 >' i oc,-f 7i , Cash' W{Iro� Pe DA4-6 p OQ'4 at 99 S-i ff4A4u.r we WWII ('u(JjcW * k 67 M7�370R,L f%U4 EK/-k-c -f -/a h"I A res oNrE i3� P oc-F L � - 9q ,u O+ 6Ao6 A C0uc1Lj D& -his A -5- /A k3r6AcA ° f Cao4rfk c,-f ! / J Number of Pages Including 7-lds One: LAO$ 7600 1, Cdb@, CA 92324 n Road p10(9 9) 7 7E3-1823 Date: No Fax(�) 783-9171 Date: JE70Ta Ta. Aa RrAmtd Cory Requested BY (, ('gin/ v p �+eowte Swvixs �- ►9 ' aaoa Pb=d(909)394-5357 FR(909)384-50W Plan No, 9845 Special Provisions No. 9845 REQUEST FOR INFORMMION SqRjjjfT. f Airebow not 8n eo m oontrsct docwnettu Conflict in Contract Requirtnents of ooniract requirement, �C h8 e in sequence/Procedurc REF SPECS: RAT S boil e s ->7- e Q � D - o RESPONSE Lam.• r C� c. &"S/ Tr. ZZy J39791 Amwwtiy cc Lary daa1 t]raey Date: U L WC E 1 W uu ONIO . , j A110 3N1833N10N3/SA80M 011and 1e .."-- - D Y EQUIPMENT FORM SHEET OF & MATERIAL WORK Date: 0,p Project: San Bavadino Stretticape(E4kland E to Waterman) (Job No.4649) Chanda Order: Dead 6 Backm Contractor. Cola ossi Construction QUIPMENT MODEL M OPERATOR COST HOURS ( Uuxa�rc) zs ea/hr So.25 ea/hr 10 0 38 5.00 0 lkmk 2k 8 Id 51900 530.00 M&M 900 BS52Y $9.00 9.00 Bob=Sweglet AUzChmort Bob=a'/hock $12.50 SW Air 14.00 Air (lard Brealoer 1. Av S4.50 Has 1' $1.00 .75 11p�° 3/4• $0.90 16'Caoerew Blade 20in m. .00 MK-70 serim f15.00 6• Blade 15.00 Ott pitch Mraoh Leeches 1.50 Ditch %nch $28.50 Hand Aumpt $0.40 ea/hr - ' 59.00 150 S10.00 4 SWOld .50 99/F 150 11.00 Ldl Tcx 1400A $5.00 3 Tae&uoo&Dmm Roller (P-224B S17.00 '"RENTAL RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE*** lo Submitted by: f- L'ol cross,' �7�C Approved by- Anthony Colarosm WV E I NVf UU 0 N I b.naea n': � j A113 9T1HF33NWNa/x6*d0M 01190d Colarossi Construction tic 0 742283 7600 Reche Canyon Road Colton,CA 92324 _ Phone (909) 783-1823 Fax(909) 793-9171 Facsimile Transmission Date: January 12, 2000 To: Mr Raymond Casey or Mr Michad Grubbs City of San Bemadino Development Services Department 300 North D Street Phone(909) 384-5357 San Bemadino, CA 92418-0001 Fax(909) 384-5080 From: Antbony Cotarwai Subject: Notice of Default Reply Thtal @umber of pages (including this cover sh : 15 /mac e ve� . d Y11`� 0. q . 00 t s '•r • • a ` tl. RI '.r•. 1 1r. � �• .,� i�T��Y� • 11 j' -^1••• 1 1 11 1 1 It Effiffar 1omm • 11 SECTION 9 ' EMENT AND pAYME?>? (I) The original location of the equipment to he hauled to the location of the work shall be agreed to by the Engineer in advance. (2) The State will equipment Pay the costs .� of loading and unloading the _ (3) The cost of transporting equipment in low bed trailer haulers. shall not exceed the hourly rates charged by established (4) The rental period'shall begin at the time the equipment u unloaded at the site of the extra work shall include each day that the r Pment is at the site o the extra work, ex• equipment s used Sundays' and legal holidays unless the e perform the extra work on those days, and shall terminate at the end of the day on whi4 the Engineer directs the Contractor to discontinue the use of the equipment The rental time to be paid per day will be in accordance with the following: Hours Equipment is in opcution Hour to be paid 0........._..........._.........._.._._. 0.5 .........._..._. .............»............. 4 1.»..._»......_. ..._....._...»..............._..............1 4.25 1.5 ............................». ..........._............... 4.5 .. 2' 5.75 3S ........................_..............._...»............. .5 »_.........._._. ..._...». 5.6 S. 44 ._.................---...._- __.--».»..._._...»...... 6 76 r .5 .............._._............_. 6 ..........................._.... ................a........_..._... a 6.2b 6 5.5 »..........................».........»_.a..._..._......._.... 6.75 6 ............................._........................... .5 ........................................ 7 ........................... •-^•». 7.26 n 7 ............................... 726 7.5 7.5 ....................._. ......-. 8 ......».........»..._..»...._»_................._........». 67.75 Over 8....................».___._....-................ hours in operation.. , The hours to be paid for equipment which is operated less than 8 hours due to breakdowns, shall not exceed 8 less tha number of hours the equipment is in due to breakdowns. .,o When hourly rates are listed, less than 30 minutes of op-" eration shall be considered to be 0.5-hour of operation. When daily rates are listed payment for 0.5-day will be 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 ren 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 equipmn (9-8) tt m /b ( § ! , ; < . . . . 0 ( { . ( 2 22 ( | z Bk WW 2 \ )» 0 � ! E � % < 2 { } it - / 0 ju CL § a � \ \ \ } / X ƒ 2 Or ` | ' \ _ § / a + ! j § 2 = \ § \ \ � \ i } \ § 2 � o 2 | R \ \ ){ / ; } ) . � � It 0 k SECTION 9 -- orsa'z Iji� MEASUREME14T A"I s Provided and Therein will be added the markups for e formed by Contractor'°vrded in Section 9-1.03A -- I shall eon o(3d) Dump runk RentaL—Dump tru ment Rental,- 9-1 03A(3a) •E of Sections 9-1.03A(3) 1.03A(3b), "EgwPment not on the Work texcept as follo' b1rIIY maintained and operated rental d In the Performance of extra work paid for on a force �P true Contractor Paid for of at the same hourly rate P trucks in full c twined and o Par, dump Y main In the absence of In item work ewo k. tei rental, the Engineer will establish an hourl Par d. The Contras gdun plete information o r shall provide the En rental ra rental of full n the hourly rental rates av il, Y maintained and o ales avails The provisions in Section 9 1e03Ad dump trucks. apply to operators of rented dump (1)' labor," sh The rental rates listed for dum trucks. ofTransportation publication entitled Labor he Dchaa, Equipment Rental Rates shall not a To the total the rse pp y operated dum of tal costs forlfull markup of mP trucks, includin labor there arntaine will be added by reas n of aditional in will be at contractor. No se pe 0'mance of the work b Pi l separate markup will be made for labor. Equip hall not a ection 9-1.03A(3c), °Owner-Ope, 9.1.03B Work Perfo PpIY to dump truck rentals. crag �r-vi When the Eed by Special Forces or Other ment, determine that a s Engineer and the be Performed b Pecial service or Contractor, by a Contracto>'s su� the forces of the an item of extra work ca v contractors Contractor or those of Performed by that service or extra work item me work on the b asis of s specialist. Invoices for the service or item of e without complete itemrzati reo labor et Price thereof may costs when it is impracticable mater al, and e Y be steel ]fished practice of the s and not in accord equipment re. itemization. Penal service industry to accordance de he es. In those instances wherein comp tra work necessitati n erein a Contractor is re tion or machine sho g a f�' Cflti on or machinin required to perform that portion of p aC11'ty away from the ' gg process in a fabri agreement, be accepted as a work Performed g inobsite, the charges TO the s ecialist invoice price, less a credit to the State may, cash or trade discount offered or available whether or not the d count may have been taken Stara for a percentages provided in Sec, will added�l5 pp tractor." 1.03A, -Wort Performed eby Co 9-1.03C Records._ The Contractor shall maintain records (9-20) i e r _ re nMENTANDPAYMENT SECTION h a manner as to provide a clear distinction between the direr ' .: costs of extra work paid for on a force account basis and the costa o e other operations. From the above records, the Contractor shall furnish the ea completed daily extra work reports, either on forms furnished Department or on computerized facsimiles of the Departments ora E acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontr tor, or other forces, except for charges described in Section 9-1.03B, tor, 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 sub seqquent daily extra work reports. Should the vendor's invoices not be submit tad within 60 days after the date of delivery of the material or within 15 days after the acceptance of the contract, whichever occurs first, the Department reserves the right to establish the cost of the materi- "' ' als at the lowest current wholesale Prices at which those materials were available in the quantities concerned delivered to the location of work Daily extra work re less any discountss as provided in Section 9-1.03A(2a). Co t ectoi authorized representative.l �ed by the Contractor or the The Engineer will compare the Engineer's records with the com- Pleted any daily extra work reports furnished by the Contractor and make ry adjustments. agreed upon When these daily extra work reports are and signed by both parties, the reports shall become the basis of payment for the work performed, but shall not preclude the sequent adjustment based on a later audit by the Department. account basis shall cost records . to nSpection or udit by representatives Q r of the Department, durin � not less than 3 years after the date ofeaccepta ce ther of,pa d the . or materials orllab�ns based on the cost the eof to forces other than the Contractor, the Contractor shall make every reasonable effort payment ensure that the cost records of those other forces will be open to in- 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 he given a reasonable notice of the time when the audit is to begin. 9-1.03D Payment.—. Pa work Performed b Payment as provided in Sections 9-1.03A, E.Special Forces or Ocher Sractor," and 9-1.03B "Work Performed b pensati on to the Other Contractor Special Services," shall constitute full corm force account basis and no additional compensation rwl]a for llowed therefor. The payment will be made in accordance with the provisions (9-11 ) �4 A 2 �iE 3•E =R^ TISMI SS I OH REPO :T M►EM JAN-12-00 17:41 ID:909384SISS CBS PUBLIC WORKS DIVISION JOB NU M 13E 12 687 I NF O R M A T I O H (--O DE O K TELEPHONE NUMBER 97839171 NAME(SD 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 BERIVEIRIDINO Development Services X].P rtmeat P I WO DIV[ ION 300 North ^O^ Street. Sun sjjlr - . Cul(foj 924J8 Phone: (909j 384-SIIJ � Fnz (909) 384-SJSS F�A�X�TRANSMITTAI. SFTEET TO: Lt�i/ C`^^'r`F.saS�!i � S2 . DATE_ � I2 ItOOGJ FAX: ' al -77S PAGES: � FROM: MIKE 672()665 siJHJEc--,r: -et r5 E�'T/shkTE Z_ REM AAgT{A g: Your message here... l Colarossi Construction Lic 4 742293 7600 Roche Canyon Road Colton, CA 92324 n Phone(909)783-1823 Fax(909) 783-9171 JAN 1 1 ou %F FSAN Facsimile Transmission ° M- Facsimile Date. Jamiiary 12, 2000 To: City of San Bernadine, Developmerrt Semoes Department 300 North D Street Phone(909)384-5357 San Bernadino, CA 92418-0001 Fax(909)384-5080 From: Anthony Colarossi Subject Dispute Letter No.1 and Grubbs failed response. Tbtal number of pages (including this cover sheet): 5 -- - --- .-..� rAGE e2 Colarossi Construction Lie#742293 212920no 7600 Roche Carryon Road Colton, CA 92324 JAN 12 Phone(909) 793-1823 MY OF SAN aERNAgpINO Mlc - — — Fax(909) 783-9]71 EVEpEVes Date: January 11, 2000 _ Ltispwe Lener.' No. I - - To Mr. Raymond Casey Development Services Department Public Works Drrwon 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) Lost Time Cost Response Dear Mr Casey Thank you for accepting my phone call yesteaday and being so direct. This letter was written to identify Colammi Consmction'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 11, 2000, and CC is still waiting for this re- Von". 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 Wingson Vabal Change Otter mVu( ng Volute moved into Sidewalk 2 Henry Wwgwu vWb81 (addendum to plaWchange order)regarding 24"depth Subm¢fwe Storm Dtaim 3 Notice of Change Order requested(3"to 10"Asphalt)verbally given m Reny Wingwn, who CC understands to be a City Inspector and m have sapervismx authority as noted in the above verbal change orders that Henry initiated (09/03/99) 4 Won taken Sept 03 identified late bans and changed condition/chauge order 5 Trencher bang*1syod by b0d1h0e demolition(Sept 03). 6 Dump uvek trip twin inwad of Once(Sept 03) 7 3"of White Concrete di3uuvmtd u S.W.corner of D street iacx�fim. a Henry Wingion verbal change order regarding 24'trench depth(Sept 08) 9 Dmly Details report nuts that Arubouy,can not even fond time to purchase barren for video tape . . recorder,which bounty is tot taking a good charge. 10 Asked tarry It for Adden3nu/a to the Plans. Larry said They didn't have arty. 11 Trencher unsafe opanting conditions. 12 Steve Enna,who masted the plain are very good and inspecum verbal changes are proper(which rnwadiGS cwb other(plans and valals)),finally ghows up to the site. 13 City not Responding and in a timely manner to Larry's Messages for problems occurring on this job. 14 Unsafe work conditiorms due to trencher breakdown. Need Bobcat. Quality of work doclining. 17 Jut like CC asking Henry for work on paying us.Henry rot saying anything about a change order. 16 City eaguica cot showing up to job site ever though inspectors and all CC partners blow about post and t ored armrc probl®s. (09/15/99) 17 Review of CHI cores indi®ten 3 to 4'of asphalt away from centerline. Informed inspector(name not identified)but ioepecwr dklnt say anything mcful. 18 "Jab a taking a toll on me and my brotlieW(09/15/99) 19 7 to 8'of high strength concrete at Pershing Intersection, 20 Inspclor notified again that we arc baviog problems. Inspectors response is mostly a smile and a comment abort something irrelevant.Thu sounds like the new inspector,Bob Butler. 21 After Pershing Ave,Backboe asphalt demo R native cw3vatr raze about 5oft/3hr= 17tVhr. (09/161 99). No drastic change in asphalt thickness noted or concrete noted. (Pwible,asphalt/??strength change) 22 fury Jr said that Stem Enna informed him not to work tomorrow(09-17.99)Tony obtains into on Strive Enna from Larry It and Bob Butler Steve doesa4 have authority to tell us to take a day o6. At about ibis time,1 had a phone conversation with Steve Emr�a and Steve says he didn't say to take a dry off Who eva was sitting with Steve nude a laughing sound when Steve said that he down't read all his inspectors reports.especially the days that Tony was referring about. 23 Bob Butler(City Inspotor)hands Larry Jr estimate of Ruck Saw,which was prepared by Mr Steve Enna.Psimste was given on 09!21/99.harry IT spoke with Mr Enna several days prior to this ttairawe. 24 Larry Jr is not ring to the estimate very well. In fact,Anthony is having a difficult time speakurg with Larry It at thin time. At the end of the dry,I noted that Larry It definitely neck time away from dealing with this jab and the main cause.Steve Erma (0921/99) 25 Larry Sr negotiating with Steve Enna and Bob Buda.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 Wben 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 it 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 thejob site during initial construction), all this confusion and delay up to the 29th of September could have been avoided. Thus, CC is euct emely disappointed with the Cities derision that T&M started on Sept 20 when it is ux-AkTS5I CONST PACE 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. Colarossi Construction only agrees that T&M starts on September 03, 1999 Furthermore, Co- larossi Construction informs 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 01/11/00) 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: h&oe M)4� Attu ny Colarossi LIX-AkUSSI COKST PAGE 05 Ak CIT • Cr W5nn Bernardino r 1 • • • • a a , ■ a tI • xU O► T � 1laale t�lwt, SubJ.4: t1*M@I*n of Street Trees aWQ Highland Avenue 60m 'E"Street to Waterman Averue Tlt * yoY 1W a18Mtg rrilfft us an Ocbb•r 19. IM. to resolve problems that have occurred ti ■*d PIMPM. We fad that propraes has been made toward resolving our X19 rs tar"m of work and canpentas on for delay incurred due to changed fl ur•1 You► OrMMY wilt +$sums wok on Monday, November 1, 1999, and complete +silkM byd•oarribsr 1, 1M, 00 fM Our pavement rehabilitation project can proceed in s ft i�rt•11 0cus � on the arse between 'E' Street and Sierra Way WIN' atWrW rapardng %d rrrn Owl'. W will rewew the mstenal and for tattl�N •�a�OMMar 71. 1lIO. �r' bt malrlak daMrered 10 the I%, we have not received ary invoices from you RtaEfl� you indkalsd have been delivered As a raw* of the delay in reoolving this VA be vtapia t0 autltodte P"nt by ThurWay October 28^ as agreed in the R1Mft Ilrj. w•Mote been advised by our CDOG specialist that certified payrolls wia x rw1�M114 frp1abU of any propeas pr/menle. M 1tM MY Pf1s r.p.rdnp ftis matter, Wee••contact the undersigned at(909)384-5.79 V �a c , Del -earn slam m servio•s t..r/ 1....e.1 rat, •r../.r• tTr y�' t . .w. . t . •.aC AL II rr z r �EMM Z'IR NSM I SS I ON RE1PC JAN-10-00 11 : 16 ID:9093845155 CSB PUBLI[ WORKS DIVISION J08 TIU ME3 ER 6 6 4 I INFORM^'.' I ON CODE OK TELEPHONE NUMBER 95819385 HAME( ID NUMBER) 3099819385 START TIME JAN-10-00 11 : 15__ PAGES TRANSMITTED 003 TRANSMISSION MODE EMMR RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 08 .59 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 CITY OF SAN BERIVARZ>IIVO Ono .Developcnenc Services Deparcmenc Pi)Rt r wcf 3Q0 Nor�h ^D^ ..... Snn B�rnnrd�no, C¢!j/orniu 924/8 : (DOgj 384-SJJJ � Frss (9pDj 384-SJSS FAX TRAIVSMIT-I'AL SIFIEET u PAGES: FROM: • , //GE (j�)g gs Mcl. -cpc�4I 9'7-7 REMARKS: Your message here... O o C • � � T f� N N Q� ~ $ O O � 7 v `°. m rnam N N p O C, o0 88 8 8 s L V r r n N Z W • _ • Z < O 6 N .� 31 • �, m j p < 33E Q • � w LL a O m 19 O c Z V rn u W •8 Z Z v W ;n 9 W O • m W O O V co 0 Z t J m a W Z ¢ 3 W m C N O LL H } M "' m zo0i30ZZrW- ate 7 • E LL X O O < N z 0 U W z Y m w ° o O O rW- m r,Z i O ~ z V w w 5 a O I W 8 m F- L L J J J Z m O O d z H OH W O z O O O m LU OO 0 HLn < C N 0 [n a H wu zwz z a W U H W m O w z z cr 0 r¢ l .p�T7,Lj rk j tr N C j' vj cC K z a M V °d JtR"R Doti f G , E t �an Bernardino QED DEVELOPME NT SERVICES DEPARTMENT M 1 C M A E L E H - A r S D I K E C 1 0 R Mr. Larry Colarossi, Jr. January 11, 2000 Colarossi Construction File No. 7.37-5040 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 J 0 0 N O R T N p S T g E E T . S A N S E R N A R p l N p C A L F (9 0 S) 364 - 5357 . FAX : 344- 311 , 1 1 1 1 L I C W O R K C I T Y p f _f San Bernardino OE V E LO f ME NT SEA V IC E3 OE VA R T M E NT M 1 C H A E l E H A Y 6 0 1 R K C T C 11 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 Defauir 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 s information. o they will have immediate access to this 00 NCRTN D sTE: 6060 U L I E E ISf RNARDINO,T .1 9 $ I IE0001 If O S) 565 .E 557 fA x ' K E O W CALIF O R K K f A% ; ] E A .5 1 6 5 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 City of San Bernardino tl/kc� C7 �LcS — Rapid Memo — To: �.✓2 �i (,�/.L�c s�� From: I&O-t z r .Uil 6)/ Ext. 5111 Public Works/Engineering Dept. Subject: o.,eweOT Date: l— — 60 Message: _ Od lam/ /V'92:&T�K iO.s, ZXJ f'i'l7l iVr_ c+ — sF Signed: -2����-��i Date: Response: Signed: ❑ No Reply Necessary ❑ Reply Requested ENGR-1 M (2A0( FIRST NATIONAL INSURANCE COMPANY OF AMERICA SURETY DEPARTMENT P.O.BOX 34670 10915 WILLOWS RD BLDG F, FLOOR 3 TELEPHONE (425)376-8820 SEATTLE,WA 98124-1670 REDMOND,WA 98052 FAX (425)376-8636 January 7, 2000 VIA FACSIMILE(909) 384-6156 Mr. Michael W. Grubbs Senior Civil Engineer W v I Il I City of San Bernardino 300 North"D" Street JAN I o 2000 --J San Bernardino, CA 92418-0001 CITY o� - OE�ELOev Re: Principal :Colarossi Construction Band 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. uinGe.eiy, FIRST NATIONAL INSURANCE COMPANY OF AMERICA By: Nicholas D. Hyslop 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: 4v s 3 k! 'r-3 C 1 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 WFSTMINISTER 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 bath of them shortly. If we may be of further assistance, please advise. cc: Gene Sawyer HIECIEDWIED Blake Hudson JAN - 5 2000 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT O C " , o an Bernardino- ED 1� �0 DEVlIORY ENT EE R V IC EX 0EF ART PENT M I C M A E L i N A Y >t D I R [ 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: t 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 locations 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. (00 91 384-3357 • FAXSOT/AE/EO[9 / ► Y [ ° EC WORK F' CALIF . 9241E MORXt FAX : lI A.E 1 E [ ' 0001 Highland Street Tree Prr.t - Notice of Default r 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 fee[ per day average since November 1, 19 9. 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 Prd�. - Notice of Default 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 Arm Mr. Dwight Reilly (Re: Performance Bond No. 5941977) Henry Empeno, Deputy City Attorney Blake Hudson, Attorney for Colarossi Construction Ray Casey, City Engineer i also ,re SENDER: �l o .w..A�Nne W°mieb'm ee isrs d eis bim ao Nal..ab mbm iei° .- -IJ Restncmd 08rNefJl, F 1 •Aa db dresbses.d scaabu.N onan ro ex!�l°Vt --mb - K Wes_er for.fee. I o 4a Amde x 63 625 967 7 zw aa b;, d. a W bI l I oQI a �h ae Se v ce Tyne R Z f `Ja F. R7`...f,.x.:•• a s:' r :� _ �pQJ CERTIFIED J7} <wl y u UO ' 8.AddresseesAddress - J W 1 -5.Received BY.(P'W Noe) la i I X , sttc Retum Receipt ' M 3811,Ik ~1994 PS FOR rai rvice Receipt for ' Certified Mail o WE a p a d� � PS FORM 3800 RECEf T FOR CERTIFIED MAIL I S M 1 VAR��HC: /- 7„ -- ; c - r oc �t an Bernardino DEVELOPMENT SERVICES DEPARTMENT M I C H A E L E M A Y S D I R a C T O R 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�i6s � Senior Civil Engineer enc. — Checks I agree to the condition indicated above and acknowledge receipt of the checks described above. Cara Csntarossi, SP S T R E E T. S A N a E R N A R D I N O. 190 1384-3061 • FAX - 384- 6080 / FUa LIC WOa Ke FAk°D ate ReQeived . o 00 Co! -wyy 163E ('6/QYoSSi T C I T Y O F ak \_ a bernardillo DEVE l0 PRE IT 3 ERVICES DE P A R T R E R T' 6E 1 C X Ao E L E X A Y E T D I R E O ,r 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 completed as of this date. Due to changed conditions encountered in the field, a 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 3 0 0 N O R T H A F E T ' gP 0 9 E R N A R O I N O . C A L I F 9 2 3 1 3 O O O I (Fail 35A -4361 FA% ; SSA. S 0 SO / 9 LIC W0A Ki FA X : 3 i3 . 5 1 53 4333 Brooklyn Avenue N.E. CONTRACT PREMIUM Seattle,WA 98105 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. LATE 12/03/ 1999 SERVICECENTER ORANGE COUNTY PART I — BOND INFORMATION CONTRACTOR - COLAROSSI CONSTRUCTION 7600 RECHE CANYON ROAD COLTON CA 92324 DEC 10 ,egg L CITY OF SAN BERNARDINO DEVELOPMENT SERVICES OWNER DEPARTMENT CITY OF SAN BERNARDINO 300 NORTH "D" STREET SAN BERNARDINO CA 92418 BOND NUMBER Effective Dare Contract 5941977 08!2011999 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 -rt 1. IF CONTRACT COMPLETED PLEASE PROVIDE THE FOLLOWING INFORMATION: a. Approximate completion Cats andJor AccgKanee date b. Final contract price . . . . .. ' C. Sales tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tl. Total contract price . . . . ' . ' ' ' ' ' ' 2. IF CONTRACT UNCOMPLETED PLEASE PROVIDE THE FOLLOWING INFORMATION: a ProWble completion tlate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEE yti,.ATTACHEL, b. Approximate percentage or dollar ancunt W contract completsd or delivered 3. ARE THERE ANY CLAIMS,ASSIGNMENTS.STOP NOTICES,OR LIENS ON FILET . . . . . . . . . . . . . El YES NO 4. REMARKS: 12/27/99 Signature rule SENIOR CIVIL ENGINEER (MICHAEL GRUBBS) 45- 1 S-32731EP 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 $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 r ' HUDSON & BROWNING ATTORNEYS AT LAW 18952 MAC ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92612 TELEPHONE(949) 622-2150 FACSIMILE(949) 852-9778 BUi A.HUDSON PARTNER BUXE@BHUDSONUW.COM December 17, 1999 Writers Direct Dal:(949)852-9772 II r Mr. Michael Grubbs d al01 Development Services Department City of San Bernardino 300 North D Street yl 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 Citv 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 colmmioU ubbsltr ca-AFMSI C[)�W PAGE 1 COLAROSSI CONSTRUCTION SD ` © GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Lic.# 273713 7600 Roche Canyon Rd. Colton, Ca. 92324 Phone # (909) 783-1823 Fax# (909) 783-9171 To: tAff ll) . �rPJ (38 �S � Et � i s fhb g� I( or `dal- c? 9 °u NAV & aqr,5e- p Plus Ci r- pf-i510 rJA ro !/ Number of PaBea Including This One: fill .V1 HIM fog 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. S. 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. no 101 Page 3. 1 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. O 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 : :$ 46,89:8.772 . o �F•2 Ne e 8-66Co e �Scti mac, o Y4 kY4 s 2 f� rvs.w r_crT) G'o 3i• i3 � .62. Y[ la%4l—S 770 • zl � « - 2f ° 0 ° � r \ a G w o0 . § -4 7 z ` ° ":z- 01, ~ II / . !& E 88 8 8 i9 8 f \ § j ' ) 2 RX f � I k = � [ 6 ui 0 ! � � � � E � ^ ! k \ \ ( } /\ § � � \ � . _ I - ; 2 { 7 § t � ci u . \ § a § < e : � . | , R = - � � ) dm 2 § 3 / § � � ■ b � � � O IL�t/L N• (1 �6�L t " (/ r'o -4z /er6y — 6Ccr Fr (�st roF(4 44j - zy� F7 3 iy+g)_ k /6 rS 3 _ f 7 F7 ups � 14v — fit, — I c� A F-7. 6�r f Y 1 0- Cr % L7.3a La 7.3 e L Yy� ,� Zt 1 Cw ;k , io. w FAX ✓(�GC�G�MC To: RAYMOND CASEY IN FAX OCT 2 51999 FAX(909)3845080 CITY OF SAN BERNARD PHOI'M(909)3845357 DEVELOPMENT SETVIC FROM: COLAROSSI CONST Phone(909) 783_7823 F" (909) 783-9171 _DATE: Iof2s" - SUBJECT.- MATERIAL INVOICE SHEETS FROM THE GHLAND AVE STREET SCAPE P HI ROJECT (E TO WATERMAI� Faclosed are the material invoice sheets that the city requested from Colarossi Construction (CC) so that CC can obtain a � check (,gSAp)for payments of the material. Shy M &M Boys 37,473.10 16400-77 + 268.34 = S 44,142.21 r l Vulcan Material (Cal-Mat) 1670.44 = $ 1670.44 Trench Plate Rental Co. 577.50 S 577 5() — Total = S 46,390.15 ` If you have any questions, please feel free to call us at Anth wish to speak with Larry Ir,' or Larry Senior will take your call. If you Also, a fax cenfirmin Y reach him at his cell phone. cited by CoLvussi ConsuUCti receipt and altreement from the City would be very appre- 5ax Sant to you �B Lost Time. today, we did not get a reply from the dc: Mr Blake Hudson (Attorncy at Law) 77 �•..n�Iu .,k�f 'SI Cd'67 _ PAGE 04 /Si.i. 0 (`"1 19093722r64 P,33'$3 mm °wEc a IIrit. AT-129° W. omR M i M . INVOICE: 3&42, m L m EGACY' .. .. CL47CM: cotAROSSI CN(RICR4R0 EnE[T)P I'm RgNR cm m RW RIP 70: mCTgE G t272A BSI CCREM:011:AAD STREET: SM RERm U1 •CCDMT =kokto 0'0• RIA°G IARRT ��' VIA Am SHIP T OTV on On Sn1P OTY SOTS IT d 09102199 01 �� INVOICE DATE PACE R0. OESCUrt t30 09/02!t9 ton R E • • • • n I But S E 0 R I c A E • . - . . Mir EMI' PRICE EST PRICE ' CTE SOS WNIR{® CS UCVR G 31.13 1249.04 SIBHRd� SUBTOTAL $249.0E Daft! RISC. CRAROES S.W TEYSBy TAR 119.70 TOTAL sm.SA ToT0. P.03 84:24 80.16349489 AGE 92 --iSit.°2! eta a'vcawtt✓1 l�-AROSriI Cl?IST P itw Jow- � ;9093712604 P.d1 iO3 i IM4" y ■To ff71f f M a � cl,� Mleotr oet,6, Ine. 13a) nT-:aes rat. f9aD LEGACY' yC3tA11tafl CAMttplyyp 3tRCCt)► Ship To :' - 3Gr tAZ3z4 Mq{p COL4 l It •_ tOtTOF1 G 92!24 SAk ffl100 C011'I ttMIWO S'3FZT) L4 �! Acco t CCLAfD3 P.O. IVtOer L&W ship via �R b1`) Ship -F� qty Ord 00/31/99 O Mer 1tte e ye OtY 311P Iter. b_ 2310tNbt30 05/31/" 1 Oe+Wptipt • • • • • 0 0 0 T"-! • • 'hit bit Frtm 115 p 1RS21M •at. trice M0S Sde OLAC% is/1TC- MD3 403 FU j TA ZSt.60oc 26.900.70 ' u 6f.33Dp (7,)09.62 WDtetel $34.M.62 36ywd�Yt hF1c +13c 031etfe3 o.�.� 5.00 rifeis t,t•a a% 3.00 ••w 1111 ter esr lleeL a tW�a%%., lt� Totst 337.41`3.10 O4-yq 8816349409 w. •...wILI.IN ICI PACE 83 19093711 °.,?2/213 $5089 STREET 41,bIt1A/r� u 9/71s M a Urvc)m 08 472 n,-$276 OOGD M Inc. ,OP9 J71-N64 KAI. COCO LEGACY' .. .A CLATam"; O0EAM053i CaMIM1aM,,ai SruEn 7600 LI ME CAM70., MOAO SNIP T0: 07470* CA RS24 3: COMIN:GNUMD S,MEE71 SNIP TO TAMO ' LM ACCOLM MARKS P.Q. *MEN MINN ,- SNIP VIA AM SNIP TExis � IMVOI CC GT{ 'AGE Ti 0x0 Orr Sily OTT @p,y !7p JBI. O/T O711/7 Alot e<M1:70 09/01/93 OESCIIIPTIM 1 • • N 1 3 T 0 1 C A l . • • . . OMIT UNIT PMICE (IT PILta I • 6 S S 0 ISOGeS M ESPkx 1 1 p IS0825 All 11/2 0x1 MCV EA 147.226 12 5:47.23 I2 0 ISOT11 1/2 $�Y M TESCO 84.78 270 230 0 $x"603 11/2-113 GY ■Ikl Y/1MA33 NANO EA 201.07 $201.03 2.300 2,700 0 14, " 3x8.360 xm;-BA EA 27.5000 8327.60 12 12 0 811CT U774 WRITE MIME. E. 0.50 .500 11, It 5CO 7SOOo p 15040 CONCRETE"BOOxPIPEyftC LIO EA 0.729 i77.50. D 10040 17.796 3275.13 <.1 <.500 p 75{0 1 4 se PIPE E R 0.2640 $3,056.00 170 170 0 40IMT 514 SE0M0 PIPE Py[ n 0,1655 M.r5 :5 15 0 401151 3/4 T 733 PK IT 0.1117 $502.65 115 715 0 4022,0 1x1/2 x� SA EA 0.1786 $IO.36 p 4"W 5/4 T $3T PYC 65 0.30 e e I/4 90 3S Pc 35.77 0 ISMIS 1.1406 19.85 mai 16 if 0 15D31M 385 1 1/2 OY1aM U C.1<06 30 $16.17 30 0 436015 eMS 1 1/2 x 5 NEIDLE EA 6.75 $54.00 76 36 0 4012/0 7 112 MA Nc a 3.55 7500 7,S00 0 INSEAM 1 I/2x3/4 T 355 .. LA 6.3676 351.6] 25 ST?.OS 25 0 407015 U714 /LACK MIME U 1.44 25 25 0 806015 1 112 1 us wC rr C.0290 $51.84 2 2 I I/2 i217.s7 1 o a4p 90 st we a D.eoec 1 O GALP GAL GRAY GL. 31864 EA 0.6072 6 1 6 0 PAINT GAL IIIII[R 11904 EA 27.17 115.07 1 O PTO MAMAIAO PAINT EA 19.65 $54,34 6 6 0 10077 rT PRE OOPE "ITESEAL EA 5.71 $19.65 4 4 0 'GOTT 0 I TERM TAPE EA 9.S6S9 $51.56 4 0 RIOT NTC TEL E 0W1[M EA 1.0666 56.40 1.620 34.48 EA 1.79 SUBTOTAL 15,942.51 S'gns14 E1N MIX. 0AMGt3 SAO TAX SLS7.94 PM$IGMT f.DO IM •M'•�M.L M P�M 4 NNIB n,yibYe .....r. TOTAL 16.400.77 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. C /Oncern asked Larry Colarossi, Sr. to step over to an area where we could talk alone. His major 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 "Trenching& 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 ATTORNS"AT LAW 18952 MAC ARTHNIR. Surre 430 IRVINE, CALIFORNIA 92812 TELEPHONE(949) 852-9772 FACSIMILE(949)852-9778 FACSIMILE TRANSMISSION Date: December 8, 1999 File Number: 500-1012 To: Name: Fu Numbcr: RAymmd Cauy 9091364-3155 From: Blake A. Hudson TOTAL,NUMBER OF PAGES (including this cover sheet): 3 (Please call(949) 8524M as soon as possible if any pages ate missing and ask for the Fax Opmrator.) Thal.° u irdrnded CONFIDENTIALITY STATEMENT onty V-Pam uotr WWICW-I-W be A o mnady�qW�'ko H 4 g mtambm 1>»u i d from Nvisac b thltd dba ary mda.ti°4 ditrWNWtl ed/or mpy� m. IPHY Wtex d�tld or privlk d®ot�y�pm and .cvf.ed til. +ulesao.V erw.N..e mtlfy w-......r,..,� mbf °"°r P° of u u WIcIlT pF"n d. v Mw have the U.S.Pomw Sav . r by w qhp ed rt ar dz '�Yoo li*T —PMd o and cw-da w U Nu mesa. ar161O'I m 4 rt NM Wrvc.mrou.;. REMARKS: T741dn HUDSON & BROWNING arroaNeea AT uW ® - 18852 MAc ARTHUR, SURE 430 — - IRVeNL, CAUFORNIA 92812 TELEPHONE(949)M-2150 FACSIWLE(949)852-9778 &AKE A HW PM k eaw¢ttrwntauw.MW December 8, 1999 weer.DMI ar:(949)ux-e»r Mr. Raymond A. Casey City Engineer Development Services Deportment 300 North D Street San Bernardino, CA 92418-001 Re: Colarossi Construction Our File No,: 555-1012 Dear Mr. Casey: This correspondence is written because I have been unable to reach you by telephone. Mike Crnubbs 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. Thcrc 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. 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 representation made by the City at our meeting. To date, the City: W. Raymond n. Casey December 8, 1999 Page 2 1. Has not paid Colarossi Construction as agreed. 2. Has not executed a change order deleting the trenching and baekfiUmg 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 Prolxrly 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). & 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 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 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 COIoWrl�l.ttltrbC�r . W Raymond A. Casey December 8, 1999 Page 3 tried to wozk with yon. Very y o , S R �, Blake H n $H/u THE LAW OFFICES OF BLAKE HUDSON ATTOPNS"AT LAW 18952 MAC ARTHuR. SurrE 430 IRVINE, CALJFORNN 92812 TELFPHONE(949) 852-9772 FAC31MILE(949)852-9778 FACSIMILE TRANSMISSION Date: December 8, 1999 File Number: 500-1012 Too:: '•amO Fa xN umber: � R°ym°°d Casey 909/384-S I55 From: Blakc A. Hudson TOTAL NUMBHR OF PAGES (including thts over sheet): 3 (Please call(949) 852-9T)2 as soon as possible if any pages ate missing and ask for the Fax Operaoor.) This-mm=ked-n is CONFIDENTIALITY STATEMENT Pmooe e.bkdbeeaa:is P44n m whgd h k.ddreyod, a a+r eo4ain wformdoo dW u prdeeued 8om&WJi e m ddJd u me We 4uadsd oonadmCal,m 4keu.y_dlmt o"M rdc.d. or.vomry wort peo&, If the nrndu of dds mrate d- mr--, mo WdAw wpywj mft be riot tlnd.kpar MY od ewd18s4W a privikeed e®mimktim.nd rmfved this—aukatlo.V errs, W'= of tlu. commw, w or.ey pordoo of LL u 4t1 Wr Pohiluad. v m Im" dz vs.Pode��� WA°OO�y 1 Wd W.WY M in thine nd rtnan dt RICO. ]La,kYa at roar(ypWmyn.nd m+.�dci4im 111 thu Ol.L.I. ��mv"WtoA4lb..bWC.dd10Yti REMARKS: 7742-dm HUDSON & BROWNING AT NEr9ATLAW 18852 MAC ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92812 TELEPHONE(949)822-21% FACSI W L E(949)852-9778 &mr A.NU){JN PARTNER BV @%OM NLAW.L December 8, 1999 WIWI 0. LA 9:(249)Ayr-9772 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 correspondcncc is written because I have been unable to reach you by telephone. Mike Grubbs 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 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. 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: W.Raymond A. Casey December 8, 1999 Page 2 1. Has not paid Colarossi Construction as agreed. 2. Has not executed a change order deleting the trenching and backlrlling 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 cvideocea 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 Colmossi and has repudiated the agreement reached at our meeting. He has called my clients "uneducated" and "animals." VVhilc 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 Colamssi, rest assured it will not go unanswered. Obviously litigation will be necessary in order for Colarossi Construction to be trade whole with regard to this project. I'm sorry it has come to this, but we CoW=Aa bc,,y Mr. Raymond A Casey December 8, 1999 Page 3 tried to work with yon. vm iHn , S R G Blake BHPIr COWMVLe nCr y i�Er6.6s•... i0F'RNARp�Hp . C I T Y O F art ; San Bernardino ED I' IQ: DEVELOPMENT SERVICES DEPARTMENT M� 1 C H A E L E M A Y S O I R 6 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 D S T R E E T , S A N B E R N A R D I N O. C A L I F . 9'2 6 1 8 . 0 0 0 1 (6 0 6) 0 6 4 . 6 0 6 ? - F A X : X 6 4.6 0 6 0 / P U B L I C IN O R K S FAX : 064-6166 �.J L 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, ff-ee—64-91 Michael W. Grubbs Senior Civil Engineer cc: Henry Empeno, Deputy City Attorney Blake Hudson, Attorney for Colarossi Construction Ray Casey, City Engineer _ s f 22 919 931 it f ndclm 4 'e Add,e _ 'v v "'_. - (ONLY if Iep-6sd and lee Paid) R LC iF4 Q-F4*2-v. < %1H Lac�/2.i uuyk !-HOC%1 !` 8E .Jw4.,,�vEe Br —EIF 5 SF,- 17'f .ua•.uu y Rapid Memo — 15/i IF .-7.2 `r To: c e-A-U[si �o.1ii,?yC7v-1 From: NEdR L✓�dLSo 76ce QFGHt cwNy1N 2• CoL70 1 Ext. 111 Public Works/Engineering Dept. Subject: S�7- FiJcwPiNG ON hSGWC. A✓d % fta-7Fz 94t-f- t4.+ Date: //— 2 2 - T7 Message: �YOIC A2' A";7HVZ c 70 Z'.- .rG ,, ir,PO 7F.d gAcx,_7" r,wsEw...c A3 /JC�fDE R7 7 AGCFF.I �w7� OL' ,# ,(L O Coq DFC V -0:A i7 Signed:� Date: Response: Signed: No Reply Necessary ❑ Reply Requested City of San Bernardino — Rapid Memo — To: Coe-AI oSIS/ From: N ,I(zy /,liu:C.s.-j �Ext 5111 Public Works/Engineering Dept. Subject•.SUAFi-remf,..:G c i N.cNC 1 A4 r rn bR-FD (QAer ex, ^*;P*4t.Date: //- 22 - Sf Message: ( A2° 13,wrALL n • fR wG a3 �t`r JED 4 7 9NF A��L-f Fa ?,4 ?F PF 4 ,(-O-J a �f x i 1 tc eoq,N i Date: Response: Signed: AC,i No Reply Necessary ❑ Reply Requested E„ R.,M (2 W) n...rc rx.W�Lfv,tSGl PACE ai THE LAW OFFICES OF BLAKE HUDSON ATTORNEYS AT LAW 18952 MAC ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92612 TELEPHONE(949)852-9772 FACSIMILE(949) 852-9778 FACSIMILE TRANSMISSION Date: November 16, 1999 File Number. 500-10 12 To: — Name: Fax Number Ra ud 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.) CONFIDENTIALITY STATEMENT TYds commueicabao u in[mdeit oNy far the person b wham it is addreud It may romaio information thu is pmtec4d{tort diwlastua to thvd parsam undo apphaable Isw be se A is�deatW u ctornaydient commumatioo,a a r"'M wwk Al is ro If the rudK of dus to Q&d ai nol OYe m i..d reciplInst You era hcaby notified That You may he vlolcing a Ia _ sow -s si reviewaomw Ak*tb as mot, M and/or copying of this ootamumntion " my pMW ofdisl rtisay Pot bited U riu hn'e rtcmvN ads plaaaa m,df,us inwaduul the U.S.Postal Sim-. Thastk you for yvur Y DY Ielephis o and rahva fhc original..sits to us a the above address vie eoopcatioa and mosiderauoo m this magic. REMARKS: V V 7742doc iV0fRNARO,MC / 1 �•-�: — i C 1 T r O F 5an Bernardino OE V E L O P M E NT SEAV I ES 0 E P AA T ME NT M I C N A E L E H A Y S D I R E C T O R November 12, 1999 File No. 7.37-5040 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. 3 J 0 . O A T - D p, a T S A B E F b 9 0 n J 0 31118 CDQ 1 9 J S I J S A . 3 3 3 ) FAX ] S A . S O 3 0 1 P U B L I C W 0 A 9 e i A Y : 3 J 1 3 3 4 S I S S ' Colarossi Construction Daily Extra Work Reports November 12, 1999 Page 2 of 2 Meanwhile, I have directed the inspector to continue recording his version 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. Ha)s, Director of Development Services Raymond Casey. City Engineer Henry Wingson, Construction Inspector � III � x= Y< O Y O • • S _ Q m Q co S l ` t• 0 ' = f ' Y u u • m V 2 O i k • < Y O Y g O h n • • J O: O s i R S S O O 6 U < a 0 u V S 0 0 u t O p p U J < c = = t O W F N < 0 i s m • O w c Y J I m O i 0 • J p S 2 c < Z A e c = O O e i Y d 6 .G o f '< i C Y �2 < < S � c t • • a I S �2 ,o .�i n J JY Y or W S ¢ x 2 i Z < O + J i O < Y c W 0 f 0 3 Z < C j W F Vol i 0 W W c O it O u O L ~ O 0 So W Y U < 1IIIIY= Y< p Y z ♦ Y r O r JY < W Q W M Z D [ 0 5 0 O 0 ° • O p < • r O U z 0 s r i < • < Y 0 ° z z 0 • • & O _ [ R o 0 o G ; i = e u o p p J U < � 0 w N < a r I C • N r u O Z _ [ m [ U S SW [ f Q o a ► 0 [ • J 0 < W < < < i ° Y = 2 a n c z O O e d 1 to o i i i ¢ C zz • � ° I S X X i Yom° � y< F ' n J 0a W V z ►i r 3 z r > e =o i 2 ' < O z n = O z t Y z W � r 0 i 3 Z Z � � z W Z Z 2 L O G _ 6 [ n c' > C a .� W 0 Q 4 W 0 p 0 Ir W W [ 0 O o p s E c a x Q Yo u or 5 a r G o E Y � r C 0 e Sd W 3 n SO ) u c HAUE 112 HUDSON & BROWNING ATTORNEYS AT u 18952 MAc AR THUR. SurrE 430 _ IRVINE,CAUFORNIA 92012 TELEPHONE(949) 622-2150 FAcswuLE(949) 852.9778 avAE A.H,owN PARTNER Nw(E@11WSaMAM,(nu _ November 10, 1999 t949l85z.9772 Mr. Raymond A Casey City Engineer Development Services Department 300 North D Street San Bernardino, CA 92418-001 Re: Colarossi Construction Our File No.: Dear Mr. Casey: This correspondence is written because 1 have been unable to reach you by telephone. As you know, at our October 19, 1999 meeting, we agreed on the following points: • 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 COlaro99i 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 03 r Mr. Raymond A. Casey November 10, 1999 Page 2 • The City of San Bernardino will advance fees for materials io 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 I 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 understated the City has, to date, not accepted Colarossi's request for the approximately $18,089.52 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, 1 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 HUDS N C, BH/ir Blake A. Hudson COJilpi A,itQ to cucy 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 PAI T-4- oo a13 414 �go 0TTY OF SAN BER4i4DINO LETTER C TRANSMITTAL DEPARTMENT OF PUBLIC WORKS 300 NORTH NDM STREET, 30 FLOOR DA1E4' gyp j FILE NO. 7. 37 _S— yp AOO SAN BERNARDINO,CAL. 92418 attention: 41'ee �nceaRjr ��� (714) 384-5111 re: II _ �. ✓41(, w�AJ.a iwLr Si/1F�i.rC.11�C �l�✓Ct T0._ Czz�ui L( NSTT. 1H � � iF� va� WE ARE SENDING YOU ❑ Check prints ❑ Prints ❑ Originals ❑ Specifications ❑ Copy of letter ❑ Change order ❑ copies date p description €n/c�2A(_ >°eFUAI LiNL I.JF(. f Df%F/1 NIN h71DJ — !�-1r>.�r.✓1' L.f3o¢ Sv,�c,,�AaG�r � E�i(r/anrt✓�ti �./.�L Rk-rFr CFFFEz7w� A-eA,L I 19 5 %Neo..(� ryaactf 1 1 2ooe THESE ARE TRANSMITTED as checked below: ❑F�_or approval ❑ Approved as submitted ❑ Resubmit—copies for approval ,r or your use ❑Approved as noted [] Submit—copies for distribution /❑As requested ❑Returned for corrections ❑ Return_.corrected prints 9 check print ❑For review and comment ❑ REMARKS COPIES T0: SIGNED_94-� /- s /i/.ahs DISTRIBUTION: WHITE-CUSTOMER CANARY•WORK ILRcnnINa Vii COLAROSSI CONSTRUCTION GENERAL ENGINEERJNG CONTRACTOR G. Lic.# 742283 Ut. Lic.# 273713 7600 Rscba Canyon Rd. C OhOk CL Pbooe 4 (909) 78 3j 823 Faax#4 ( 909) 783-9171- To: Nm*w of P4ft Inch,Ag This One: s� UD'Arossr- eoas4 . r -7600 gene e- Cf,.A)*o3 RA C.o�ko 0 u vjO Dor Ar9avl, VAh- " of 11- 9 -y9 �ItASE NOSE (40o .LE ��C e DATED la qtr 9q oL s4A-1—o �AA4 -i-ht �E AAJE WC hAcJ � 1 Epp fESUia wo,ek 1/- � - 9q 3 6 orj,67,2 CigX)d,41.0,j N o -" O e -f xdr q OU f Auld NC Ur C'o ,idi-41o,') Aud 4AA -f fit le,,JgAL �fl4e will e 8 4rEp CAI ,4rflNS 167 , �o � d ��� ; off , N ev r,� Lo a a so,J 14VI 6)A/-Osff; �� Y� spe¢.4oF l , T . O. San Bernardino rt48 Ia8 L a , toAv • OIIMM trNl Me. 7� 7�0�lM�li��#oad Callen,QA &*JKt hl OO Of Street Troer along Highland Avenue from 'E'Street to Waterman Avenue (3elr�ll� Th** you for m00 with us On October 19, 1999• to resolve problems that have occurred 1`1111" IC ft KrbleOt PmJW. We fe•i Visit proproes has been made toward resolving our d ifflaip SOW Of work and compensation for delay incurred due to changed h wre all I* your any wW rims work On Monday, November 1, 1999, and complete Mork In ft Often by Doewriber 1. 1999, so that our pavam•nt rehabilitation project can proceec in a lmoly insili f. You spread to focus YOM alfals on the area between 'E' Street and Sierra Way beota.aa OW M PM off»rellab4mon project. We r•talixed yaw FAX'•d nnlertal r•parTYng 'bet time cwr we will review the material and asPaat b ft"11 rNporr•by Octobw 29, 1889. ftmdk 9 P" sanl for Mates dWhwW to fie rite, we have not received any invoices from you for b" VOW which You WICated have been deWw@d. As a result of the delay in receiving this Worn anion "a VA bat GM@ to auNlorRe payment by Thursday October 28" as agreed in the mass p• Aditms§Y, ur• have been advised by our CD13G speciarist that certified payrolls will be rprlrad pder to r•ta•r•Of arty Propn••P•yrtispinlb. lf You hatre anY ilusettorls rsperdinp Ifft matter, Plssise contact the undersigned at(909) 384-5179 VWYNWZAf1K MINIM *100 f��teer CC! of D•vebyryrlt J•rvfo•• ref leetl 604.1101Pf re•, , won, . ee.e . ee Ctty of San Bemerdlno G ,yo 7.37_ SOx10 Rapid Memo = To: ode 4eettr �•JSi.Pr«7o,J From: 4�w(Ly /✓,Cte,J o./A• 7,.u.}�c7, Ext./51 11 ._Public Works/Engineering Dept. Subjectf '-Fi . ._ Date: Message: i lo•✓✓FY !Nw% , +J A.2% !�- /. 0 y "frssi rJear ` of iirF ftfa..rL x.20✓it,o..J f[tff"Ime, .9 rJ,te /0r<.¢rl %0 %wf Cilc i:Lt.✓[ LA.3�:0. ..Sv,tGNrQG� iA., tcLf o r�r 02 fFFFar/r/.e iV�•x,x 1 1555 :M.tweN 0,+W-e.N 31 2000 Signed: a , v Date: Response: Signed: ❑ No Reply Necessary ❑ Reply Requested En 4.os a, Z'F�.HSM V-02-99 1025 ID:9093845155 CSB PUBLIC WORKS DIVISION JOE3 HUMBER I "pO 246 R MA"rI OM CODE TELEPHONE NUMBER 93593541 O K NAME(lD NUMBER) 909-3595760 START TIME NOV-02-99 10:22 PAGES TRANSMITTED 003 TRANSMISSION MODE RESOLUTION G3 STO REDIALING TIMES SECURITY 01 OFF MAILBOX MACHINE ENGAGED OFF 02 '04 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 0 21 m CITY OF SAN BERTrAKZj1-N� Development Se 300 No�rhQ p-S r«r SaIC �1n Department Pho (909) 38¢505>/SO>l � C!�T:p 924f8 Fez (909) 384-5080 FAX TR'`�NSi✓IITTAI. SfIEET �j ■/� ��'''°������ DATE: �_�I/' /�/ FAX: �5y-��iLI T� r FgOM: t Lt�� 4AI PAGES: SUS-TECT: ��/V REMA.RI{S: Your message here... 9e'l - .�8� siGlo SP0_fRNgR CITY OF SAN BERNARDINO y o Development Services Department a PUBLIC WORKS DIVISIOY 300 North "D" Street, San Bernardino, California 92418 n u+ ,ego Phone: (909) 384-505715071 , Fax (909) 384-5080 FAX TRANSMITTAL SHEET TO: klit/ir�NlRtIQ D ATE: - T / FAX. 351?4W 16 i� PAGES: FROM: A A/.4 mwo y M SUBJECT:&.4e;7rf&W d A ^� Y REMARKS: Your message here... AW1z,lC, � JOOOWi 6- Z 71��- ✓ - /c, Agcy, Z S/OEAj 7a • YJP;00�- SiG<v 3sr -.3syi — °p•°°"•' STATEMENT OF COMPLIANCE "OARrrWY a TwwN•rowYwTwN rorrl lre.w plEV.r.Rm Dale I. rx N dpheabY MtllvuMKpefuM dpmlurY' i +r 4r.IM•1 RYI (IITMIpYmaupemiaeIMpyr dtMpermempbyedby m If�anr...rY�rxrml M _,Ikl dune[IM pYmRrnnmvmintm IM_dayd 19_ad eMlnt the_daY n1 ,19_,•9 pnmm empinryd pnrd pmRm Mn MnpaW lhnr lull ueekiy ea[n nmd.lhu m r.km lure Mn or.ill k madeeilM dirMlvm irdl.Mly Inm m kkl(d rW Irmn IM lull.ally.atm n•rred 6 It'�M..�...wl perNrn,.RM lkn prmmibMdedMimM.ad�eaniMd bnb.: �M�~n ken male dlM dl.MlymildlKMylmm lM lull.apa o.md by any IEI Tkl anY nr.nll+mknM corder thk mntrM rMrdrrd to k mbminnl(m tM a1mm Irrxd•rc nnM ald amnplelr.Ikl the rote nlm!m lalve a,-6.nmu.imdlMMn•remelm lknthw."Ik+bk.ye rnm.enl.irud ix.ny•'•[e dti m...nn 1—praledilnn lk mIarM.flu. tMAoilk.INm+n(mIA1MNn(n se66Mnmmndunk md..m.Rhlk.ml Mnr+M l.nnrmed. 13I Tbl anY aPM•^lim empMryed In Ik alvrre I.•N'd•n ddY reI1MeM in a Inru(NM appeniaerhlp proEnni re;Wrad.IIM1 a Aale apprm11mA1p gent. 111 Thal: 1-0 WDERE FRINGE RENEFITi ARE PAID TO APPROVED PLANS FUNDS OR PROGRAMS ❑ In mWilinn In IM Pn*Mwly watt raln PM W rerh bbrnm m mnknk INDcl in Or ab n referrmd IN IL pM—.d Irinnn lunlila r Owed 1n Ik m11rM lure Mn m.ill M made ln.pppprbin ImXnmr(m IM kMII.1 wch empbyeq e.np u rand In Sr.ekn llel Mbu 0.1 W14E:RE FRINGE. RF.NEFM ARE PAID IN(ASST ❑ h'udr lwivmm meharr lMN inlMabme minerN.d pmdlMk.nl•Nl rirnlinl.d enlM pyrdL an amwmnal ka lknlM Wm rd IM appMaNe kue MN•IY.ate•re Phn IM amuml d IM rmpriml luntr knrrdila m K9.d in lM mmt•M.eaoq r coed In SMien 11a)kkr trl EY('F.ITIONS EECEPTRmI(CRAFT EEP4NATON n.rr.6 NAME AND TITLE HGNATDAV On IednJly.lrrded PMML prrmlwb4 drdmtimu are Mined In Retu6knrL Pan 3(01 PH SwWNP,A1.Dnud by lM SK.mry d lab-under the 1:r 6MAm.uameMedIMLr.NRNSILIM 725lm 991:TR.G•t 111:1011 SC 27MI . Ak..lM.Hifnl LbilimOM n(mYdIkaMn rolerrrmr may ruhNM lMe IDOIemnlMrmraenv In-11m criminal pr—Drn(k SMIm 1001 14TH!,ItlaM{rclinn 91 d TIWJI d Ik llNted SaM(iMel =io`i i 4 0 Y V a _ - p • `u u V� ° y ° ° A 1 W < < a Y J ° ° 0 Is � - a - Sew o 0 0 ol I o 0 I ol ol 0 0 00 •� a s .�. --- ---- HAbE Rl FAX �CC�LONICD Tee: RAYMOND CASEY OCT 2 5 1999 FAX(909)3845080 OIry OF SAN BERNARDINO PHONE(909)3845357 DEVELOPMENT P SERVICES FROM: COLARO%i CpNSr Phone(9p9) 783-1623 Fst (909) 783-9171 DATE: 10/25/99 SUWECT; MATERIAL INVOICE AVE STREET SCAPE SHEETS FROM THE HIGHLAND PROJECT(E TO WATERMAN) Enclosed are the material invoice sheets that the city requested from Colarossi the matCODt'berial.on (CC) so that CC can obtain a city check (ASAP) for Payments of Summary M& M Boys 37,473-10 + 640037 +268.34 = $ 44,142.21 van Material (Cal-Mat) 1670.44 $ 1670.44 Trench Piste Rental Co. 577.50 Total = $ 46,390.15 If you have any g11estions, Please feel free to call us at (909) 783-1823. �Y Jr.speak with ssi, ouLa�Senior will take your call. If you wish to Jr,Also, a fax con$rming r Y can reach him at his cell phone. ciated by Colarossi Constructions of ttoday. fr om the City would be very appre- fax sent to You regarding Lost Time. Y, we did not get a reply from the cc: Mr Blake Hudsm (Attorncy at Law) M r KIM. INC. r ��9371260� P.M�N7 OO E. THIN COMM a 01719 719 ��,.1rAnay USA M a y Oder Rutter 006W 1909) 371-2r" at. 0000 n1 IIIC' LEGACY' wti.tir : 7���GE 00LAMmr1 CRIMIGNLAW flllC[Tl► M1P TP r&W rE t+4a24 M MMO COULN01S1 C0441GNLO S'M9ET) ' t9LTON G fD24 SAM pow � LM . &�15� 3� Account M.O. vulb" COL"m tAMRY snip via AN snip - p/T 00/!1/99 Mrtp Qper SAte MM9e t Ory Ord OtY trip 1 NMet50 p0/!1/99 It9w 9l Mp. Pcriptipt 2L10t • • • • • 0 Y 0 T C • • • • . +pit wt ►rlee Cat. Price 114 0 260520!4 �� Km fMTE ADS 48' FUME EA 234,A000 26,900.20 ' G EO.IS90 fl,fOr.E2 kow't ilA.999,02 Sign"wl hFte ,isG wnoq f•Or Tom f2.bn.26 Friviot r.9tt,A9r im,P K999t w•ubs .s9.Mtlw9a.9M.4 s>A n9.,s tMMFrw� Total iST,Lr7.1C .. .rttt Uniluv 1"A- HALL 03 � M 6095, INC. 19093712&,54 o,a21213 ■ _ ' 1077 6, TNIRO STRffT Vw41BA7/vy (bray G 91717 USA INV91Cf: 041672 (9p6) 571-7276 Ea[. oo¢¢ M i M S Inc. (909) 571-Zf" G3, OCOO LEGACY- . CUSTOIE>t: COIAROSfi CON(NION~ STEM) 34IP T0: 7600 AME CAMYN R0N0 LOLAROS3: CONIM:GNLAND J•R COLTON G 7ZSZ4 " EE.•7 SAN BEROO SNIP ro TM¢ IN ACLTAPIT P.O. MINTER ro(AROJ LARRY SNIP VIA REO SNIP WT 07/11/79 Tam INVOICE DATE PAGE T/ 0X0 W SNIP Dry so'd A[N N0. R1OWNeC30 09/01/99 1 PnGIPr rOR • • • • 1 I N I S T 0 A 1 C A L • . • . . UNIT UNIT PRICf [It PRICE 6 6 0 1�f fSP6L[ 1 1 S p 11/2 M7 RLY p 160a 625 U I47.226 $147.23 12 12 0 i30r11s6N4 - U2 925EV RP FE°CD' u 64,70 $6T6.M 230 250 0 u6760 it/2-I15 Gv Nt6(A 4/6AA33 NAAy EA 201-03 5201,03 2.3"a 2,"2& 0 tA4 w 50-560 SER:-NP EA z7.S000 13ZT.60 12 II 0 T UFI4 WHITE WERE EA 0.10 569,00 11,500 11,500 IO CONOlf11 605 RO FI 0,029 D 1!040 WC7 LID $72.50 500 300 0 TOM 1 1/2 SM40 PIPE PC EA 1T.996 $255.75 1.500 •,500 0 75A0 1 50" PIPE PVC FT 0.2640 13,Os6,00 70 170 0 40100T 3/4 SCM PIPE w! FT 0,1655 f6Z.75 :5 15 0 407731 3/4 T 333 PVC IT 0.1117 WZ.65 S3/a 6 6 1[[ SSS EA 0.77(16 $30,56 115 115 0 402210 1 112 S 314 T 3Sr VC EA 0.30 0 606007 55.79 ° ° 0 676015 5/4 Po SS PVC G 1.2293 S9.65 16 16 0 ISMIN us 1 7/2 UNION U C.1406 $16,17 30 30 0 4315 OR$ 1 112 4 3 NIPPLE EA 6.Ts $54.00 36 36 0 401210 1 1/Z NA PVC EA 3.35 $53.60 7.500 7,500 0 14KACX 1 /213/4 1 335 PVC G 0.306 $11,03 1 25 0 407015 LACK MIRE U 1.44 $51.64 25 25 0 406015 11/2 1 SS3 1, ET C.0290 521T.s0 Z 2 0 GALL 1 112 90 S3 PVC EA 0.60" 520.16 1 I O GALP CAL GMV GLUE 370" EA 0.6012 $15.03 6 6 0 PAINT GEL PR/NCR 31904 EA 27.17 $54,34 1 1 9 n0 RAAXING PAINT U 19.65 (19.65 6 6 0 100TT Pi PIPE DOPE YN[TEPFA'. EA 5.11 $31,66 4 4 0 CP15OLNG 1 TEFLON TAPE U 9.5659 MIT 4 4 a RTOr [AERATE LARGE PAUPER U 1.D666 56.40 N7651 OT CAN G 1.620 36,46 G 1.79 s7.16 SUBTOTAL 55,942.05 s19+19d�V1 MRt MISC. OMGES $.00 ~� TAX fLS %�I. /REIGNT 1.00 5.00 �N.A.^ .E.ir..A.gBIPr r• Ok �� an 4.y ENy9 Ritil.PEf rNF�.bbry TOTAL f6.<pp,7T . .....Rqu Lr•1 Iw.. �. PAGE 04 R 3 M bTS, INC. �' 19093712664 P.33•133 102?1. TRIAD STRUT LAU a s17» 1iS'` M M INVOICE: 3Sc4 non m•1196 Gt. o00D INVOICE: If091 371.2664 SAt, 0000 LEGACY' CATCHER: wIRR9eu CN01911U110 STRIETIP $VIP To: 7600 RECNE Comm I'M wIAROSSI CDLTOR CA 92324 CLNER:6N,AAO STRE:i: SM REROO LN ACCDAj I.O. "Eft COIARq LARRY SNIN VIA RED SNIT aT TERM INVOICE ORi[ PACE MIC219P 2SION/N9tJ0 0!V Od OTT SN17 DST SOVV f1d R0. M/02!99 1 OESOIIRJON . ' ' . N 1 S 1 0 A 1 C A L • • • • . MIT LSD' PRICE FAT PRICE 0 67493 0""' WE R/NINGED Cl LICVR EA 31.13 $249.04 S1IRTOTAL $249.04 ~d�: WINE; RISC. CHARGES S.30 mN117E7S�E.IwN Ey; TAR 5+9.30 EREIGNT S.00 (�I�,", TOTAL SEID_S4 � ;I TOTpL. P.e3 ...,�......,�, �.y�7 PAGE 05 ert ISrr' MIeV9 Nrt9�lalr C e Deer I�ry��� Ne - lA AIR �p��� . Srleetiw: Cdlf1 We 25-011-99 1n7 2e9ert 9Oc_1 S*000» : Sorted by Wetawr nee 'g" N. 13677 only. 4w h. lewiee W!e �Y Del. Ail. I1P2 ter Ref 9ed lneoin D" Cm..� %mber +net Ylr'21l1W Tu 04 Net Alec ne Cuttm, 2x71 - DH9wu fie_ T_m awt Aeutt lire Disc Invoice Statut It*l Del UTld traeit 760 war C7N ND e IX Lilite 9.0 Dose Opel 13-Apyd i"1 32 NET 31 Lost Joe: &-Stp-» tllTilt 04 sM4 110,S'IInt�-?,)N.A6AOewet -191.97 IM To S3 MIM M "- 0'!�� LM D to Lr LN 1 1.0 IN IN ffiIS `St.9r/-193F4t-99 LNa I.N 0 to to LgNg MN 12LN Ar 31D�1 D /.r 8.11 LM 21.0 22.M 2&It 38 GOYS) w PrDJWt TNa1 w Ally T IN.N Lao: T Fty 3tl M 60 M N DAYS MR 121 LM oft LOS Lr Cu 1931 pyI„ �9! ,)♦6rN'Sq 2.36 1 1381 LOB L N FUI IN 3mu L1.8e� tM 199.97 191.97 _ ILJ811 6t 1N um w-app'f9 �Qti-19 13.31 T &A to LN 191.97- LOB 61 W, 1 yt8 IN 371916 13-69p'99 38-tkt-9! 7.71 7 T 2.4 Rim�lT IN LM N 38,14 A 14 14 31 OAYS 3N DAYS 4a.as gas IN IN S&W 372W 16'err" =tkt » 6.76 T 2.64 LN LM 4LN 4LN 4LN 11 is DAYS DAYS 1 go IN S43M 16ie� 32gkt-9f 7.11 T 2.79 LN LN IL 64 36.64 36.61 Jo DArB .36.44 J1.84 U CAYS 1t)11U1lf 62 IN 14 a tb-%P-91 3hkt-9 II.M T 2.61 LN 0.80 3L.i1 36.6 36.61 31 DAiB II F(117L/NT 2 IN 21.34 L wN 9ra7ect iMal w IN 7� T91 7hktM 12.13 7 13.13 to LN 351.91 331.91 331,91 30 DAYS i 36 DAVS pq 1O1.44 Llol J'--'�� aam NI YIPS 61 0718 I.r 1191.44 LN N LM ME8122 w CYe1Nrr TN21 w E7679 to mNeONi L9677LCTIt)1 Average Ieym time to 167L0 ---- �lq CDNALI 31 7L 44 60 am N hft OVER 122 too LON I 2111] I .511 Gig 606 ONQe A'r•Y 117(7vp 90' :t (gOhl so . St 13o rawt tlb ....PL�gTE RiMTAL CO. TI!Ell KATE IIEh1AL SlPYWY 13217 UUELDFU WL IN W BIN LL1Yj� MIRY:888.833-37P Stateatnt of kctwt 76 17y1Yp1 RD � 3,°, OR :ate- tl.ive Oate .Paid Contract • �scriI loll p�:7N199 ._ Uv t �11-BNpE,%-H 3 S t' S in, na '. ... lkei t I4FIILLI4�.17Elln'I -' 3s urc,tn! t 'IBC ATE GIESEIQQ�t�,, PLEASE Ou I& YpIR 116gESS A!ID LIM FINVO Tp SMINS YR3 Nfi11N! nl•-C- --currept- 577.511 %E Milt pal AaS Daan Wade 0 �EKtiAR��� 0 San Bernardino J DEVELOPMENT SEAV . CES DEPARTMENT _ M 1 C M A E L E M A Y f 0 1 R E C T 0 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 280 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 (�E✓ , D o F eery yJjngson, Csop�trvc€tipn Inspector fAE : ]t/- t 0 a 0 1 PD 8 L IC WAORX4 FAIIC ] t/-51632. , 18000 ! FAX TO: RAYMOND CASEY FAX (909) 384-5080 FROM: COLAROSSI CONSTRUCTION 7600 RECHE CYN RD COLTON, CA 92324 LIC. M 742283 PHONE (909) 783_1823 FAX # (909) 783-9171 DATE: 10!20199 SUBJECT: LOST TIME COST BREAKDOWNS FOR LABOR AND EQUIPMENT THAT YOU REQUESTED. As you requested Mr Casey, Please find the cost breakdowns that occurred between the dates of Sept 17 thru Sept 29. I(Anthony Colerossi) still believe that this job has caused Colarossi Construction further delays because of the fracturing of our work force due to the change condmom and the delays that it has caused. In time, I am sure that Colarossi Construction will be experiencing this matter. The total cost came out to be 518,089.52. CAL-TRANS QUOTES Because the Cal-Tram equipment estimate was very low, I recalled several equipment rental companies(as shown on the next page)and you should see that our rates are very close to several other businesses. Furthermore, we have been renting equipment for several Years And our company rates are better than all the rest (note several years of experience with equipment and the headaces they cause). Note, most of the equipment that we rem out are excavating type(backhoes, loaders, hauling, etc.) We are not experts in the small equipment; however, we did obtain quotes for the small equipment except the safety board and delineators DELAY RATE FACTOR I Am mnt familiar with this factor, but it sounds like a Lector used for equipment cost sums that trrchtde equipment not used for a certain time period. Our equipment cost sums include equ'Pracrt that we were anticipating on using for a certain day, thus if we had to rent this equipmrnt for 1 day, we must Pay the daily rate. Note, this job is the type of job 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 m a certain day. All in all, Please look this over and give me a can if you have any questions regarding the data or Anything else. thanks Mr Casey and I look forward to heating your thoughts on this smmatter. SincervilY. Anthony CoWUW (D M" , Hudaoe,Attaanry at O �`f� SSA-�11 "I� CP�r ti 9 g5 - 7 *7 7 ! ! � ■ � t2P* / 7 T 2 m ! f oi � ` Z ` � � � § § 8 | , ! 88 Silo* SO � � � ! ! k! I cu S § q ■ # @ # a8 ■ @ SSA 8 « ! ! : � 2 f § ! � ; § ' � � ■ k ! 2 | # | a � . - ƒ � ƒ » � � � ■ ! & � k ! § al ; e4 _ e2 < 2 } - & R ° ■ ! � � PAGE e k4 _ ■ w , - | & a a sat a aa ■ aa ■ � . ! l88 � ItMWO 00 a a � a # @q # a@ a4 £ ' ' - aae ■ m - � � _ # • � - ` � } � ' - - - - - - ` 00000 � � . ! § k % J § # k 7 + ° ° @Sacra a � � & § o { i § ! /) ) . ; 6 - _ . ■ f � � . � , .\ , Q � Q 2 a 4e ) _ • § 27 ■ � 7 : $ J � � � � I ! ƒ { � � { � . Q / J 2 11 ■ zk � ark22 % / 32 � � U ) It A PAGE BG Cd w N N N F n 0 88888888 - Sibi � aStSiAS� " dad s it H O �F7777 1- o oov� o .n o o N p $ 0Q0 0000 � � fA .CrmN -: w{ m N m 80dbM � i•'47 3 • • N /9 N � y �. Fp a • • ee r h ye n n n 0000000 m° Si � + m' n $ r C CO m m wjw co „ x p po ti W 000 w h `O vi ri ri $ Vf r V u) 00000 w F « • •N • e e M � � w w P u Y w W W m N N V! u Um « OV1 n ++ d c U _ , Y 1a Cu ` CD eL M M . PAGE e ( � lra ■ ■ Raaz - § � g - ■ # # ■ { � a ■ aa ■gaaaaaa . k - 2bkk $ $ ` � B § } # @m # 0 8aaaq aRaa = & kWON � ; 3 ] $ § � 4 ■ m ■ & 222 ; ; 222 ; . ! CL Lb - 2v ^ � AK $ ■ Qd § E % 8 # aa # # # # / / C-4 it 2 J � 32 ; � ■ ■ .. © � 2 � `! / • a } � © ! . ! ■ a Al, � x � �l � _ _ { a � e ■ J & 2 ! 2J ! I 222 # ■ � ■ ! � � ° ° ; 2z :0: \■ / 2 } k � � 9k }} � CX]LAROSSI CONST PAGE 06 e of • � � N M � � N Y�f � Y} y y S $ 8 g S S 8 g 8 S 8 tl SRS 51 g s QJ � NMr r � � � n r .o~. •� $ o i � ~ eg F � -O, ,Oy, � OOOOOp O S SSp 8000 SS F y a o o a 00 0 0 0 'D dame mr OOOO ri gi � vnnin $ .� v Cao � � tommm cdcp y U . RXTI .'4omSpy25 � � e � °mgSo °o °oo°O $ � ° N ] N N N pl 07 9 W N N ^„+ • ^ 3 3 gF 9 E Qpa'�v u1� po V ae VOi +r UN � L 5 v 0 g $ m .� o3a n e•1 pa `�' qq � �pa v � ° n t v w � � a�ii O y yr,+ e a � JN nyp y 8 _ M e- " ,, N O « a L ti: to h.� O Q O o a c 0 0 o ul F- PAGE r cc K & # � aa # aa ■ � � aaaka ■ aa . � ■ _ & : a ° � q # # 8 ■ a Qm 2222222 . a to AS e2 \ ^ ] ! } 9000 7 2 , a • e ] , l « ■ w : IE to / ■ « 2 � ! ! ! a JS } rb / a � $ } � L { Aa $ q 2 ■ { 22 , k \ �k � ® So -ao - o ■ - , � a ! ! a PAGE e � nar � ■ q � � aR § § aaa # a » aa � � aaaa � � aa . • 2 � - � � - } ■ � 2 = n q mg8 @a - # § � § 2 § 72 ! ) to-* § � - - � - - - ; ; _ r « � @ » 2222222 . • 2 # § 7AgKk & § ■ 2 - ~ R & a � f § j } 2k ) 2 { } � 00 ! f ) / J ( � � ■ � � � / � � 0 3 2 Q f A 2 $ d cc B ■ � ■ f Q ! ! a % Q a 2kk � � 2 � lf ) z . , a ...�......_.,i u+vi _ PAGE e9 Egra work cairn- t T s F.aoipmeot Rental Rata Innin010af Cod Hou to Delay ate Traffic Control Safety Devices • Atrowboard w/trailer(TRAFA FLAS) TM $2.86 .30 • Cones-28 inch(TRAFC 2TC)PER 100 B100 $10.30 .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 S17-54 .32 Ditch Witch( Model7) ? $ 17.40 ? .26 Water Truck 12701 16330(36000) $ 15.56 32 Air Compressor&Jackhammer 76 to 118 016-025 $ 10.25 .50 Bobcat Skidsteer 753 S 9.24 .30 Code A, General Rate(Tractors, Industrial, Farm& Skid Steer) Delay charoes~ --- --------------- E=lm= John Deer 410 wBackhoe-$ 16.41 per hour @ 8 hours S 131.28 Equipment- 100/9 overhead=S 13.13 Total cost per day =S144.41 LmbQr Cos ta @.30 delay factor =$ 43.41 One superintendent @$38.00 per hour plus overhead-$45.00 S45.00x8 = S360.00. Subtotal S403.41 Overhead @ 400% S161.36 total daily cost $ 564.77 • I ►E)E)E -rEZ A_i SM I SS I ON REPO = )E)E!E OCT-12-99 15:50 ID:9093845155 CSB PUBLIC WORKS DIVISION J0 E3 NLJ M E3 ER 1 1 4 I 111 3F1 CJ R MAT I C3 111 CODE OK TELEPHONE NUMBER 97839171 NAMECID NUMBER) 8016349409 -- 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 - �an Bernardino yvta aMa a• aa ` •uf a M arYaa File b r 12. 1999 File No. 0.30-5040 COLAROSSZ CONSTRUCTION O Rech.Canyon Road Co.ltJl on, CA 92326 12E: INSTALLATION OF STREETSCAPING ON IIIGHLAND AVENUE FROM "E^ STREBT TO WATBRMAN AVENUB Dear Mt. Celarosai: 1 haves reviewed your totter 6.tod Ootobor 8, 1999, received yesterday: and have diacuss.d the situation with ttt. City represrntatives who ltsv. been i. ontact with you and your repro rntativea op ntia p—jm My interprets of yovz letter—a il+paa disevaaiona is that you have decided nor to abandon tlt.p jecq —W.0 is wNeeme nowa. Tf I un aetst.d your currrn[ eonc.m. properly, aRCr resuming to wodc on October 5t1t, you b.came uncomfortable will[ the utusl agreement reached t our Scpteatbet 29th mowing m'ardin8 the Project daily production gets (zees 'me=ted letter dated October 4, 1999). From the City's petspoctivc, thoac alpead upon production levals were mem[ to be sornawha[ floxibl. got.to b.lv ua monitor the Ptog .of t2to Project. Ultimate]Y. tit. City s[aR' recognized in tits[ letter that you have aeuntvred •changed onditioa" as prescribed in [ha Standard Specifications for Public Works Conatrvo[ion. We thou agreed to delete the •'Trtaching and Baokfilling- am a lump sum cost in the contract, and to pay ye. on a .`times and mat.raa' bast.. for this item of work aft cted by the changed condition. Tb. City too reco'stizvd lhs[ th. conQac[er is 4..additional worlcin' day. reI.d to the ev.rtl production aota and delay ousts sssoeistod with thin changed condition. Of course,this does not preclude Yovr f fi'em retlue.tinY another than'. to the oott set f additional woridn6 day. should you s000,ottor otiter estraotdinaty subsurface conditions not ctutently a'nooun2eod or contemplated u you suggested. Due to the upcomin' holiday &caeca, co::cem for the cost of the pspject, std also becassse w. have snottier project scltoaulod in the &ante loo tion on Ilighlattd Avmsse, it is imperative that Your firm»ttar[ta b wort oa the P Joet it-m IiatolY if it is Your inim[ioa to complete the Job. - r eF-RNARp�A, O } 7 C I T Y O F �an Bernardino O E V EL0 PME . T SERVICE . OERARTMENT v M 1 C M A E L E H A Y = D I R IS 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 cur-rent 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 - - D S T P E E T , S A N B E R N A R D I N 0 . C A L I F 9 2 1 1 9 , 0 0 C I (909) 394 - 5567 • FAS : 314- 10101 PUBLIC WOR R9 FA. : 3 1.-. I 6 1 COLAROSSI CONSTRUCTION INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM`E^STREET TO WATERMAN AVENUE OCTOBER l;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) 384-5111 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 Empeiio,Deputy City Attorney Michael E. Hays, Dir. of Development Services Steve Enna, Construction Engineer 7arb 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. HENR7rWIN Co 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. HENR'�' WINGSON �%/�f 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 ? Q 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, at 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. 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 eve E � " C-1 F(o%^A Qr ,�sS , �,JVIS�►'vc-�', � � ` PO-3es I .....� PAEE 82 FROM: COLAROSSI CONSTRUCTION 7M9 RECHE CYN RD COLTON, CA 92324 LIC k 742283 TO: CITY OF SAN BERNADINO REPRESENTATIVES DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION Subject Confiuion on San Bernsdino Streetscape job Date: 10/O8P99 - Dar City of San Bernadmo Representatives This letter is to inform you that we have utmeoessary c"fusion building on the Sveetscape job on ffighLftbd Ave and we treed Geed back from you which we ere not receiving. This confusion is stem- ming friar the fist that 09)3o" Construcbon is trying to get in touch with Steve Enna (his phone annber is not CorPect(909)3045225 on his certified letter). Stowe wig not return our calls. Also just yesterday(10-07-99)� Anthony Colaross triad to have an inspector with Heart Wigcson), and he too did not call us back emaind call him back(I left a message why we"O ad�"do�rmabl�o7n/froam the City of San Bernadmo. remainder of this left/c, I hope will identify ••SEE a G Old V7/27/77 G On the 29th of WaM Septembe Colarosti Construction(Only 3 members shoes because the city didn't ---how firm CaluOSsi ConsBUCtion to�iow up at the 29th of September meeting the by city representatives at the 28th of September meeting)met with Ray Steve E-�, and a Public Works repreaautstive. This y awa' going to A411doned the ten 10 PCO s id meeting(29th)concluded that the City was )� resin� ( ) (identified by Colprossi Construction& requested by the City Benching into a time and materials A f y Casey also said something bout 30M per day AM 2 tc cross igfeteectio4 and I�'A hffio C01aro g t _— di� i ead o us, said to Ran, we are d t 8°O1g to guarantee anYtbng because we have ao t ea t�ahead of us. At this point it seemed that everyone wantod to leave the meeting, but I know that we had a lot of unanswered questions, hke the following: We need to an asphah deeper 'tiC�� _' j We (What about time for that) �� needed to speak with the other partners(since they were not welcomed) 0 said this et the meeting; thus, no decisions were trade at meeting) GE' �3 New mxPmor ga,8 to inspect us and verify T&M 4. When are we going to get m �+otrgltap something writing (We need to know cities �+Y�$Big 6ecic to plan details p✓e � Does 300 R include (all changes are changed) Situ C �h Ping or just backfill ? 1'Er.Z,e?=� oluossn Construction identified several problems encountered(which a wvQxWtwQ wewld bin wvvided and aided ea;ineers is '9v/✓6 tFiLC . S o and °�MM5&plant,ta�movs estimate and���a rose coM Y*t6j wrouY the daea �� Ave(CtY agreed Change Condition), SAT ceLY. °h'help us. This job greatly impadcd our October schedule. QTiS% CGtiTiLSCTC� ;tom. , 'CHA.vGFp Co,.OATida, a WORK ON OCTOBER 05, 1999 BUT NO INSPECTOR OR ENGINEER SHOWED UP ON JOB SITE a ate Sth of October, ® Colada' ,r to berms representatives t oak arrived at P �'u+cuon (1o4boe tinialted prior to being sent Stop Work Notice)and eralung and �ghds+d depth of 7 to 8 irtohm At about 9 to I OAM, warted to cut asphalt to a pied near the old IHOp Colarossi no a San Bernadino City truck decided to restaurant thi Ong the asphalt. Anthony t sawing and �d h Ankh o and why this city trick is their y driver g � /�i L wart to tMfir with Anthony), but w,� Anthony °�rt that the driver did not I Fwd ny shat down the saw, the truck sped off going Fast on � N Later in the day, a W&P teptesmtative showed up and Wanted to know were the water meter is going to be itutaUed and when can he do so. tor, who inEbntttd this Person to gtt in touch with the i Co�roMas6atdd arriving any time. Col aro"Const Construction Parked UP the job at about i nspec Construction ut 6.7 0 and d �P a rated that they did not skx an inspector all day on 10-05-99. frort�to there that we are not suppose to be on Ibis job(it this time) because there is nobody City g our TdtM and sdsedule SEVERAL, PHONE CALLS TO STEVE ENNA AND CTTY Prior and after the s �ct� we�w fiction made -C� `-� Mind other City several phone calls to Steve Enna bmvrA r, When the city said were 11Ot sure what is 90'09 on Most of the calls were they would get bade with us, they never mturted the call or we L^c . C"them back(the twR day)to ace what is going on. Note, some calls that we made were tettttned- - Ahthott/h Steven o0mtteues stading letters to our office, like the one �whnt be wants trot what we are strPPoae to do. attached, he will not inform us STEVE ENNA ACCUSED COLAROSSI CONSTRUCTION OF NOT STARTING THE WORK WHICH IS NOT TRUE 19 Doted on Steve's knee(attached to this report)2nd Paragraph, Steve said that as of October 05, 1999 Colsroasi Con-lt on bin not started the wok,however, Lary Senior R Junior, Robert, and Anthony Cdanossi were cutting asphalt from 06:00 to 16:00 on the 5th of October. Thus, Steve did because he tom Ave Were be knew where we ended work on the 22nd of September) would have sent electrical arrowboard(which we ended up obtaining;' p ) Note,Color om Constntction had the right lane closed off from mid Arrowhead t aste Sierra on the South aide OfHighkild Aveatte. -Anthony Cohrgasi \ ZT G '-o�hAGCEEI�C7f/% A,- -2�\` . 7 role (,6 NAT RC,kl eI F( � Ic r0SSL WVIS�Y-vc �`� lot Po-3e5 y FROM: COLAROSSI CONSTRUCTION 76M RECHE CYN RD COLTON, CA 92324 LIC M 712283 TO: CITY OF SAN BERNADINO REPRESENTATIVES DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISIDN Subjom Condtson an San Bernadine Streetscape Job Date: 16/0&/4➢— -- - Dear City of Sao Bernedino Representatives This Letter is to k tm you that we have emneoessary con&Sion building on the Strectscape job on FGgldaed Ave and we BcW Feed back from Y0% which we are not receiving. This confusion is stem- rmng 8•am the%a that ColarUW Construction is trying to get in touch with Steve Enna(his phone number is not correct(909) 3045225 on his certified letter). Steve will not return our calls. Also just yesterday(10-07-99)� Anthony Cdarosm tried to have an inspector can him back (i left a message with Henry Wilkaonj, 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 Besnadino. MEETING ON 09/29/99 On the 29th of September, Colarossi COIISMlMoa(Only 3 members showed because the city didn't want all the partner from Colarossi Construction to show up at the 29th of September meeting, which wan stated by sty representatives at the 28th of September meeting) met with Ray Casey, Steve Em1k and a Public Works nVresentative. This mating(29th) concluded that the City was going to abandoned the ten(10)PCO's(identified by Colarossi Conswction& requested by the City )and turn the trenching imo a time and materials job. Ray Casey also said something about 300ft per day and 2 days to cross intersection, and 1(Anthony Coluvssi)specifically said to Ray, we are not 801118 to guarantee anything because we have no idea what is ahead of us. At this point it seemed that everyone wanted to Leave the meeting, but I know that we had a lot of unanswered questions, Wee the following: 1. We need to cut asphalt deeper(What about time for that) 2. We needed to speak with the Other partner(since they were not welcomed) (1 said this at the meeting;thus,no decisions were made at mating) 3. New inspector going to inspect us and verity T&M 4. When arc we going to Bet something in writing(We need to know cities thoughts)? 5. Why is everything going beck to plan details(all changes are changed) 6. Does 300 ft include asphalt patching orjust back611 ? 7- Since C AUD$si Construction identi6ed several problems encountered (which a nmTW&1b=waWd hm provided and aided train ea is devdopog a tma wad: bans:&mc bm a realistic rpea 4 plan;ageim=n csluiimc.and mnarscmrs estimxe sad *dw&tk and plan of athck) On Highland Ave (City agreed Change Condition), why won't the city h4 us. 11tisjob greatly impacted our October schedule WORK ON OCTOBER 05, 1999 BUT NO INSPECTOR OR ENGINEER SHOWED UP ON JOB SITE On the 5th of October,Colarpui Construction representatives arrived at Pershing and Highland intOrmcb0in(krcatiort fn")ed prior to being stmt Stop Work Notice)and started to cut asphalt to a depth of 7 to B inehea At abort 9 to IDAM, Anthony Colarossi noticed a San Bernadino City truck parked near the old HXW restaurant looking at us saw tinting the asphah. Anthony kept sawing and decided 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 Eater in the day, a W&P representative showed up and wanted to know were the water meter is going to be it K40d and when can he do so. Anthony informed this person to get in touch with the inspoc- tar, who should be arrivbfg any time. Colatossi Construction packed up the job at about 16-10, and COW UM Co"truct"M Rgxpontativea noted that they did not we an inspector all day on 10-05-99. We began to&M*that we are not suppose to be on this job (at this time) because them is nobody >hocn the City verifying our TAM and schedule SEVERAL PHONE CALLS TO STEVE ENNA AND CITY Prior and after the 5th of oaobar, Ce>laroasi Construction made several phone calk to Steve Erma and trthar City Rept�tatrvm beca se we were not acre what n going om Most of the calls were returned,hnesever,when the city said they would get back with us, they never returned the call or we had to cog them bank(the next day)to ace what is going on. Note, some calls that we made were nevertettnned. AkbttuNk Steven 0006m a saw letters to our office,like the one attached, he will not inform w what be wants nor what we arc suppose to do. STEVE ENNA ACCUSED COLAROSSI CONSTRUCTION OF NOT STARTING THE WORT{ WHICH IS NOT TRUE As noted on Steve's letter(attached to this report) 2nd paragraph, Steve said that as of October 05, 1999 Ctshrosd Construction has not stated the work. however, 14wry Dior do Junior, Robert, and Anthony C.eslaroaai were prating atgrhak from 06 00 to 16:00 on the 5th of October. Thus, Steve did not come out to Fi hhuid Ave(were he knew where we ended work on the 22nd of September) because he would have seen the electrical arrowboard(which we ended up obtaining to please him). Note;Cohrossi Canmuction had the right Iane closed off from mid Arrowhead to past Sierra on the South aide OfMgMand Avenue SttsnereiX Anthony Colrtrai Brrgioee•I31-7}aiuerg 0 T O/ 5anPyrnardino alra�a►a1• ■T aaarleaa OalaRra a Mt 10 a • w • t a It . If • T al e / ■ a a • • ■ Otraobor 5, 1999 File No. 7,37-5o4o W.Larry Colrori Sr. - 00 AK=CONSTAUCnON 7600 Raobe Caayon Road Cobboo.CA 92324 REF- INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM -E- STRY)—.-1 TO R'ATHRMAN AVENUE. Dar Mr.Cohroep, Collar" Cess atruetion 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-deya for trenching across each of the side streets. As Of today, Tuesday, October 5a 1999 the contractor has not started the work and is not working dilmgerttly towwds the completion of this project. He is not maintaining a work program that will ensure that the project is completed in a timely manncr and is not acting in good faith. This is to serve u 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 t9o9)304-5225. smOeraiY. r � Cc: ...Michael Hays. Dnxtor of Development Services �Jr p B� o, City City Attorney Man/les,Construction Inspector Ura13C[ 4 aa a/ • / era 93rd/f CT. 3 A N 5 C RMA i OMO. s e r • OF San Bernardino Ga�al•F�a Yr aaaYleas sal ANraa Y1 rf to ■ • tfA• • f a A it f October 5, 1999 File No. 7.37-504o W'Am CoiWinsy 9r. COLAROW 7 CONSTRUCTION Cohost,t A 97.324 Road RHF: WSTALLATION OF STREETSCAPING ON U HIGHLgNp AVENUE FROM "E" S1RE1 '1' TO WATERMAN AVENE DW Mr.cowroni, Colarttyi Cotatrwhon was to start trenching on Friday. October 1, 1999. This work is to be pe,forrned on llowed 2 s brie utd marerial basis, with a Performance level of 300 lineal feet of trench per day. The City also a -days fot trenching acroas each of the side streets. As diligently o �y Tds the October 5•, 1999' the contractor has not started the work and is not working Wwetds the compleyon of this project lie is not maintaining that the project is completed in a timely rranocr and is not acting in go a work program that will ensure od faith. This is to [leave a notification that COharossi Construction has 48 hours from the receipt of this letter to start��t the trenching operation under the terms that have already been agreed upon, or the ('11 will consider the cont+actnr in default of his contnict If you have any questions please call me at(909)304.5225. Shicerely, � 3Cc: hfichasl ysys Dircetw of Development Services •• uDept sty teHarrea,epg.eao, Attorney It1> la •I F 3 A w a r N A P p N e / P wa LIC . Oaga rNI 3~E�E►f Tr N9M I SS I C7" 12EpC : _ OCT-05-99 17: 11 ID:9093845155 CSS PUBLIC WORKS DIVISION .J Cl E3 NU M E;ER 078 I "3R C7 I2 MAT I C3 P4 CODE 00cat TELEPHONE NUMBER 97839173 NAMECID 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 BER1V-4 &z>+INO D<velopmea[ Services Departmaat n B I LVp 300.brrh '0-Srrssr. Sar.Bsrrurdma. Ca)�/9rn[a 93 B Phor.s: (909) 33i-Sfft � F (909) 38i3fSS FAX TRA1YS1vIITTAL SHEET To: / � FROivi= ATE L/�,lJ E,C/,(�Q svarE:c'r_ ST.�E ETSC��i,�G ov ,�/iG NLA�vD Ae�iv�i�' REtiL�RFGS: � . Your massage here... i i I I c e6RWARp�Hp - +f ` O C I T v O F J IN �an Bernardino OE V L O R SI E NT SE R V IC E3 CE R NR TY E NT M I C N A E L E . N A Y S D I R [ C T O R 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 Stan 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, 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 ] N D R T :, 0 7 q - T S A N 6 r R N A R D N 0 . O h L F 9 2 4 1 8 0 0 0 (9 O S) 3 3 4 - 6 3 5 7 • F N % ?] 3 3 . 5 3 1 3 I P U B L I C W 0 R K 5 F N% ; 3 3 3 .3 1 3 3 _---- ----------- - -- --- - - - PoSTAIABA OR DATE RETURN T RECEIRi RESfPC�C�LNERY �^ SERVICE CEMIIEO,FE-AMRN RECti iOiK PASbGE/uO f ES m SENT TO: " Ixoi roR INIERw1gN.LL YYE t` 'I t` Mr �.ar y' 'O .flL'O83; $C. .Vqo . a w'•.rJT. C,;1 7 !24 �7 - - PS FORM 3800 US Postal Service Receipt for Certified Mail u c ' t y C I T Y O F ~ a OFD ,K jO��•` 5an Bernardino 0 EVELOFMENT SERVICES DEPARTMENT M 1 C H A i L a H A Y S D I R E C T O R 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 9/3/99 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. 9 0 J N 0 R T « - 0 ' S T R E E T , S A N E E R N A P 0 I N 0. C A L I F 9 3 I A O O C I (1 0 $1 S S - 1 3 S S T - F A E : S $A- 1 0 E 0 1 P II E L I C IN O K K E F A E : S S A .f I S$ t Mr. Lary Colarossi Sr. COLAROSSI CONSTRUCTION October 4, 1999 File No. 7.37-5040 Page No. 2 REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM " ,, STREET TO WATERMAN AVENUE If you have any questions please call me at (909) 304-5225. 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 -X7 Ft ..- [5M I SS I OIH REX-C3 ` OCT-04-99 16:07 ID:9093845155 CSB PUBLIC WORKS DIVISION JOB PIZ"MBER 052 I "IF OR MAT I C3 CODE OK TELEPHONE NUMBER 97839171 NAMECID NUMBER) 8016349409 START TIME OCT-04-99 16:84 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 BE22rsARD2NO a T)eveI.Pme=r Ser�lces Departaaeat 300.YOTh '[J�S[re�[. Son g�[san[�ue. �[nlo P2aLB Phons_ lS09J 3Si-SLJJ � F (90Dj 3BY-SJSS F2a7t "TRAIKSL�'IIT'TAL curcT z-o: S�Z, S.L. naTE, FROivI: S. LciC//✓.SO - PAGES: _�� sxn3.rec-r, �.Q�GEFOi IG u�/FOJ2GE 4cGol.�c rl c� oJ2/G - Of.> NiG NG A.✓/� /,JdE. C'T.f3.�tiCf//.c./G� I REiviARKS: � Your massage here... i II I I I I I P051MA111( dl DATE RETURN E�GNrowai wre un R:SIq�IEG REGEiRT N:CPFSSCi�Eth£RY / fE4IVERV SERVICE CERIIIED fFE�PETAN RFCERf N IOPL YJSME uD IEEE m SENT TO: �MOfIM.nEENEMM1EL EU< Ir Q COLARO SI CONSTRUCTION ATTR: MR. COLAROSSI u, 760U RECHE CA.*,yok iiW ti ti COLTON CA 92324 a PS FORM 3800 RECEIPT FOR CERTIFIED MAIL M1 ' From: Colarossi Construction 7600 Reche Cyn Rd � Colton, CA 92324 Lie # 742283 SEP 2 ) 19y9 To: City of San Bernadino OITV OE SA DEVELOPMENT N BERNARDIN0 SERV I Development Services Department DEPARTMENT CES 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 Bernadino known the 10"(on average)thick asphalt sections existing near the concr ers on Highland Ave Not only have they seen the 10"thick asphalt sections, they have observed subsurface concrete roads running perpendicular to Highland Avenue at D, Arrowhead. and Pershing, 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(Devel- opment Services Department)sends us a letter to Stop Work Don't you le read the ' you people have a very inefficient problem solving fthe inspectors report. I must say g 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 places. 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)n be arranged by the San Bernadino office nor did the office call Larry Sr. meeting was requested to With regards to information contained in the Stop Work Notice, the following is contained in this report. Note,most of these PCCYS where caused by the inspectors changing the plans and are not related to method of rock saw trenching; therefore, they are a separate issue. 1. PCO#1 on Cutting Asphalt&Disposal 2. PCO#2 on Cutting Concrete&Disposal 3. PCO#3 on Unmarked Abandoned Gas Lines and High Voltage Strut Lights 4. PCO#4 on Subsurface Concrete Gutters(notified after the bid) 5. PCO#5 on Gate& Control Valve Placement in Sidewalk & PCO#6 on Concrete Placement Around Tree Grate 7. PCO#7 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 Rack 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, AC Pavement l TT1- — — 0 6" Backfiil O Normal curb gutters have a 6" thickness. During the estimating phase, I am sure that the asphalt was taken as about 4", especially being by the side of the curb. Furthermore, averaging CFU cores that have been taken more than 20' off from the Centerline of Mghland, 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 )'ES Item Cost (unit) Unit Total Cost Recut Asphalt S 1.00/11 Excavate and Haul to Dump S 83.00/yd 12,000 R(step) $ 12,000.00 ZS.3 160 yds S 13,300.00 La,u 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 esvmator did not anticipate encountering concrete, especially 8"as we did at the Pershing intersection. Estimate Item Cost (unit) Unit �� Total Cost Cut Concrete 4 61166-0 Excavate and Haul to Dum S 1.50/ft 2,600 ft $3,900.00 1' /e p S 83.00/yd Yds $3,300.00 PCO #3 on Unmarked Abandoned Gas Lines We knew do ed were going m do a tot n spot digging to uncover utility tines: however,we did not anticipate discov- ering abandoned and.•*+.*+=.tPn 2•gas lines. which tore off a carbide tooth chain on our ditch witch, which helped the backhoe,which was tied up removing 6•of uncut asphalt On the first encounter with an unmarked gas line,our ditch witch trencher caught the 2•line,which was located 16" below surface of asphalt, and took Me front end of the trencher and the operator up in the air,creating a very t.ndfe condition. The sidewalk 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 square on the sidewalk. The disabled trencher was sent home where it sits today.Note,we not only damaged the trencher,we are losing time with the backhoe having to dig the trench also. Estimate Item Cost (unit) Unit Total Cost UnWe aea Wdv h and Huth«RTI&c S 200.00/day 44 days Replace Ditch Witch Chain S 1000.00 1 chain S 1,000.000 0 N� PCO #4 on Subsurface Concrete Gutters A couple of days before we started excavating, I was informed that we will be encountering subsurface culverts turning thru unidentified intersections. Again, thanks slot San Bernadino for no The reason that this upsets me is because the plans show that the main line(11"us�r the bid awarding. concrete culverts because they start below the asphalt and end up at 2 feet below the asphalt right th i the me that the drafter(and all who signed these plans)didn't realize that the culverts existed Also surface, recallcLar y Co-to larossi Jr was told by Steve Enna that Larry should have known that the culverts where there. Why did Steve have to say this? Estimate -550, Item Cost (unit) Unit Total Cost Special tool purchase(Mole) $4000.00 1 mole Excavating, leveling, and setup $ 250.00/hr S 4,000.00 28 hrs $7,000.00 PCO #5 on Gate & Control Valve Placement in Sidewalk As shown in detail#5 of the plans,the gate valve is shown placed in Mthland 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 VahT Box places the gate valve from the street into the sidewalk. Estimate 5A Item Cost (unit) Unit Total Cost Auger, saw cut, excavate, Bt install S 250.001hr 30 hrs $7,500.00 j12- N�< P60 #6 on Concrete Placement Around Tree Grate X46. In detail#1 on sheet 6 of 6 of the plans, pl rehats are not indicated on the tree grates,which indicates that we have to Place concrete around the tree 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 4rAf j sidewalk. SIDE Estimate Item Cost (unit) Unit Total Cost (PO-) Concrete Installation $ 100.00 100 S 10,000.00 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 we had to purchase an arrow board. Estimate Item Cost unit ( ) Unit Total Cost Arrow Board $3000.00 I $3000.00 ���L C C PCO #8 on 8t to,24" trench depth Philip Colarossi and COlarnssi H where informed(by Henry)after Highland Avenue trench between E and D placing ug main water line in the South side of r �1 streets that the trench needs to be dug out 24"not 18"as shown on the 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 Cohrossi Construction was notified of the 24"subsurface concrete culverts at the intersections. During the estimate phase, this part of the job was estimated according to the phtns,which shows an 18"deep trench 6 Note, from estimating Phase to initial start of expvating,we were not given information from the City stating that the -- Pis are not correct nor were we informed specifications are not correct. In fact, it wasn't until we started excavating at the Arrowhead intersection that the 24 inch trench was being excavated Also noted, at the start rime of this job, we were experiencing the City being flexible with the plans and/or lions, specifically in the cities favor. specifica- The following is the estimated cost of increasing the trench depth from 18"to 24": Estimate Item Cost (unit) Unit Total Cost Boring &Augenng Prep $ 15.00 100 Excavate $ 15.00 $1500.00 Om� $30.00 200 $3000.00 � 200 $6000.00 PCO #9 on Material Import The first and last meeting with your soils 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 Purchased,hauled, and placed $35.00 200 yds 57,000.00 Off/ t PCO #10 on Unnecessary Rework of Compacted Soil On Friday the week of the 17th,Hill Top(representing the City of San Bemadmo)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, CID came out and performed sandcone testing,which indicated greater than 95%compaction effort, thus we wasted the reoompaction time(West of Arrowhead)and the time we could have asphalted the road on that Friday. Item Cost(unit) Unit Total Cost I day of unnecessary rework(W of Testfill) $2000.00 1.0 $2000.00 Bx'6�"6rG. , Alternative method of trenching & sidewalk trench response According to the fax sent to the Colarossi Construction office, the Steve Enna has helped us in obtainin g an estimate m for the use of a rock saw. We believe Steve is trying to cut cost on the changing conditions occurring on this job limiting the amount of cost due to this machine,the rock saw. It is obvious(from the telephone call made by Anthony, Colarossi 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 con 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(Bob inspector said machine will probably rip out any unmarked piping and take pavement with it). 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 jab 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 8b1. Exporting of rock saw material(more than double occurring now) 8b2. Picking up rock saw material(not thought out yet) 8b3. Slurry backfiill 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_ I. Water Meters neat to back of curb 2. Street light poles(not to mention foundation)very close to back of curia 3. Signal light high voltage muning next to back of nub in 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 Bernadino Streetscape project was complete, starts in mid October. Estimate Item Cost (unit) Unit Total Cost Delays S 2000.00/day P7?v ?? M Time Delay Wormaxion After/city*gottabons on the above PCO's, if any,time impacts caused by the above PCO's will be provided to the City. M `"tR > SM I SS I OH R1EPOf-'r SEP-22-99 16: 51 ID.9093845155 CSB PUBLIC WORKS DIVISION J O E3 N UM S E R la g 2 I NF O R MA? I O N C O OE O K TELEPHONE NUMBER 9783SI71 NAME( ID NUMBER) 8016349409 START TIME SEP-22-99 16:48 PAGES TRANSMITTED 003 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 02 .40 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 _ _ CITY OF SAN BER1V.a RnINO y Derolopment SerHeea Department 6 Y Pt iwt i(" ucsej. v i00 aVC.rh ^O^S�ri�t, Saa 8errsarC�no, Cv[(flarniu q2JL8 Phorse: (9091 3J-t-Sflf � F (9pgJ 36u-SIBS FAX Y'RANSIVIIT'TAL SFIEET ro: G oL A.e2 o sS.S CO.vs'�.�UfT/o,J DA-rs, 9 22 PAGES: sTjmuF-c-r: STiPEerSCAP/vG oit/ N/GHQ O ciO AG�iuGE Fif�OH 57.eEET 7o c(i�gTE.eiy.9N .41i6ci�E iYour massage here... LEYT� R To co.�r,�ACroi2 0,.� T,y� TiP�•(JCfv/.vG OPE.PAT/o.J ov ff/G NLA.t�p i ' P�e�%NARp,~p l S AC I T Y O F ~p£n 1% �0`JJ` San Bernardino DEVELOPMENT SERVICES DEP •RTYENT M I C H A E L a H A Y a D I R E C T O 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: J 0 C N O R T H D o S A S A N 8 E R N A R D 1 N O . C A L I - ' 3 t a 1 S - C C C ISOS) 3 S / - 5 ] 6 ) • F S Y : 3 S K. S O S D 1 P O 8 L I C W O R K S F S% ; 3 SA . 3 1 3 5 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 RNA °'"� CITY OF SAN BERNARDINO Development Services Department PUBLIC WORKS DIVISION; 300:borrh "D"Street, San Bernardino, California 92413 Phone: (909) 384-5111 , Fat (909) 384-5155 FAX TRANS' IITTAL SHEET TO: OL 141z, O /e �1 Z DATE: FAX: 783 - 9/7l PAGES: FROM: , 7-�a_ V A-) �,c%uA SLBJECT: S-rl��E75C.4.PIAIG 01U HGf/Z-A11P ,41161ZC 511�eEC-7 7o 6U,4 E 'Aj4N AM6AivE REMARKS: i Your messa;e here... 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O'Nx> vO E '^Lri oE ._ co �u] 3o u° a$ ° m n � Btm L �U y o v sa0= 3 �'� o s 3 E a L 8 rJ° A C Q a T o m ..� L' o Emu < Zcv ° off �; UE W y'a3., � .: ..v M'o '8 � ° 4°�- � � c >$ 0330 tt- 8 Q Y cue 8 � eg8 �ocmoc° v -84 `° cok .a `�-'$ ' o ``$x or c I- - � e Eeoomc iR FU mQ EU ' � WU v, vauuuv cm m - .x G�my 881 uUU3 `c� 4. Ray Bob F 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 -------------------------------------------------------------------------------------- C 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 - 40 FEET --------------- 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 I : ?l26)vc�-.,dam --- - y Kc 26- 960 -3E L- �' 2�, r = l . 9Hf7 �2e 3Faty 'le-F,,•t:.�D _ �s"Ae r !Age- o ✓ --?/�/tv - ,.,,,, oPFaf ----- ----- - --T sEr1DeR: ---------- •� "�O"�"a°^�°"'�+��.^ oxNerr_ I also wish to receive the . •b Hwy�.�. �IO�""oC services(for an extra .Apm m.armex.ha+anx m.�p+c..>m axe.mx.r.w mxx not oannt ❑ RestrcMDelivery Lnq w.a.p aecra..w go.,a.. m.wx.w aeM.ree.�e ms dte dai � . 3 AMC*AEEressee at _ Ccrrsuft Postmaster for fee. COLAR05SI CONSTRUCTION- AP967ef763 624 ' 7000 REGiE CANYON ROAD COLTON LA -22324 4b.Service Type 1 A7TM: JIR.WIRRY GOLAROSSI SR. =: CERTIFIED 7.Date W Delivery 4 999 . .fPIhN f�1Aef - - 8.Adoressee's Atldress . S.S19M :(A Vressee or Agcvrf) X PS FORM 3811,December 1994 Domestic Return Receipt 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 Larry 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 Lary 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. \ r � !� 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. O rM1L Gl COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Lic.# 273713 7600 Reebe Canyon Rd. Colton, Ca. 92324 Phone # (909) 783-1823 Fax # (909) 783-9171 - To: Z-N�JA - P 0 g 1, c Wo p_ k 3 Np CI OP c�AA) 8e,rA)APA;,) 6 Px 0 7S f 6 i s 7 h cr C hAa1.- o rj c 2 -5 o= or E /aF �e� _y0v RAdG �ev ; rt �T S 5-00PorMA4 ,o� So WE !:fj-e"T- ao ;,*jj o ,t7 T�, s Ta & Number of Pages Including This One: 7 r From: Colaroul Construction 7606 Reehe Cyn Rd Colton, CA 92324 Lic # 742283 To: City of San Beroadino Devteloplliftent Services Department -Public Works Division Subject: Preliminary Change Orders (PCO) on Streetmape on Highland Avenue From E street to Waterman Avenue (due to Stop Work Notiee sent 09/22/99 by Steven Ennt) Drat: 9/14/99 Swears It hr been wVU ova two weeks an=the City of San Bernadmo Inspetton(Bob Butler and Haprv)have known about the 10'(en at'miK)"lick NsPh-h so time equating near the concrete gutters on Highland Ave. Not only have they seen the 10'thick arpbdt sections,they have observed subsurface concrete Hoed,nmnmg pM=Khcular to Highland Avenue at D.Attowhm4 and Periting, The:iaapec. have been told and observed us being delayed due to the asphalt and coam-W that we are euavating can of lsydaed Meant. VAthm guid,nec from the impoctms(regarding change order Procedure),the office(Devel- oproat Strom Department)ata I us a later to Stop Work DmY you people read the inspectors repost7 l must say you pan*have a way tneffid at pfd+®solvnog operation going on,if there is one at all. As Noted to the Stop Work Nance, Steven Enna(for Dow on celled Steve in this report)requested a formal request fur 'change in condition'f3mm the City in writing,cam though Steve has agmed verbally(phone call taken on 09/23199 AM by Anthony Comas and Steve Eau)that there exist a change M conditions on the plans. After this,I informed Steve to Pkm Call my Dad(Larry Colarosst Sr)and continue negotiations and avid time delays because Terry 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 msttor>ed by the Sam Bernaimo office err did the ofoe call Ierry Sr. With n eRau6 te fahNma e's oon4imd m the Stop Wort Notion the following is contained in this report.Nate,moo of than FCUa where Caused by the inspecon changing the plans and we Dot related to method of tack saw trenching; thteeshq 6W ate a egsstate is 1. POD MI on C013119 Asphalt k Disposal 2. POO 02 oa Cltpng Concrete 4t.Disposal 3. PCO A3 ad Unmarked Abamtooed Gas Linn and High Voltage Street Lights 4. PCO#4 on SoymfAoe Concrete Gotten(mti5ed after the hid) S. FM 43 oa Gate R Control Valve Placement in Sidewalk 6. POO 06 on Concrete Placement Around Tree Orate 7. POO t7 on Traffic Caatr01 Dovioe A. POO 08 on IV*to 24'Trench Depth 9. PCO 09 an Mimic l Import I0. POD 010 on Ummesaay Rework d Cmrrpsard Soil and Delays 11. Ablawpve Ruck Saw Trenching and TrcwJnng Through Sidewalk Responses 12. Decaying Future Cdarum Comimcdon lobs 13. Time Delay I#prmsnm PCO Ml on Cuttin g Ash ffi i'' s P alt & Disposal Aa shown on dew as of the pw", AC Pavernerg C 6" 1 L Normal autb g utten have a 6" thicimm taken Is Ong the estimating P�> I am sure that the asphalt was about 4"' °9P° $ B by the side of the curb. Furthermore, averaging CHI cores that have been taken more than 2a off From the Centerline of about 3-1/2", which is normal This is just 1 of many items found n the will obtain a thickness of these plans HeCm misleading on the scope of this job. Cat(suit) Unit bass 'Ibtal Cat FAmg A" 4 H;aVe and Aay po Dump $1.00iR 12,000 R(step)93.00/yd S12,000.00 160 yds $ 13,300.00 PCO *2 ON Cutting Concrete & Disposal e)�dam P�e�tt�e s ad�notaoama orwe nmch(l�ttnm mt shown �y dn cbd at wi Ptrshos MIMM w. snueq,ste mm,, ring �11Y R"A$ wee hm Cost(unit) Unit Tbtal Cost CIO_ sod+� tit t°nmW $ / Zoo R $3,900.00 4e ydi S3,300.00 YS„e PCO M3 on Unmarked Abandoned Gas Lines Rb kaaw mat we were going m do■W of spot digging to 000ovaUtility liars;however,we did not anticipate diucwv- ertog Aboadoeed wad tamed 2'ps limes,which tote off a carbide moth chain m our ditch witch, which helped the hamim,w"" wan tied 11p tesovieg 6'e[amta,t imp1Wt On The ftm eeoF - with an unmadsd ps tine,our dime witch trencher caoghi the 2'line,which was located 16' �iS of aaptnh,and took the frond end of the trencher and the operator up m the air,creating a very ansafe 7be afd mowed a taws wpsre that we believe ideatffied the unmarked gas how_ however,on the=4 encounter of an na effiftif gait line,the dime witch chain 08OPW in baff and we didn't we a teeter sgtiarc on the sidewalk. 7tte dfabbd tnmohrr was seas(tome whore it sits to* Ntat,we not only damaged the trencher,we arc b=erg time with the backhoe haviag to dig the trench sho- Esdook hm Coot(nnit) Unit Total Cost U..+oas wit&and%d&..aV6t S 200M/day 44 days S g,a00.00 kSpboe Ditch Wftcb Chino $ 1000.00 1 dbaia $ 1,000.00 NO PCO M4 on Subsurface Concrete Gutters A o'Mk d drys bit we started'=W"ag,l wu wftmed tbat we will be enwanmcutg subsurface"Ntrts nnmi nMdutlSod i ne"Wet mu. Agma,thsnka Slot San Hernadino for notifying us atler the bid awarding_ aP"W err to bocilo the Pbm show that the main line(18"deptb)is running right thru the cenerete Calved beclux they Ant below the asphalt sod end up at 2 foct below the atpbah surface,which indicates to me thin the drafter(and all who signed these plate)didn't realize that the culverts existed. Also, I recall carry Co- laroad Jt wan told by Steve Enna that Larry should have known that the cvly its where there. Why did Steve have to uw dds? Cost(ask) Unit Total Cost IoW W paadbue(Moto) $4000.00 1 mole f 4,000.00 Ob i and amt S 2do.O0/hr 28 her $7,000.00 >' S rtry PCO #S on Gate & Control Valve Placement in Sidewalk As Mown in dean an of the lama,the Pate valve is shown Placed in Ftrgmmi nveuue_For some reason Steve says that an Pea valves are placed in the udewak if this is true,why donY the plans state this.The following estimate AC.Pavemeat (lase 4Yh Box *QM the SM vake nom the street into the sidewalk. Es11111ie �-�7— NUM Cat(Usk) Unit Ietal Cost ANW,saw cat, .&install S 25O.00/hr 30 Ins $7,500.00 PCO #6 on Concrete Placement Around Tree Grate 12 dean•1 a Mmt 6 of 6 tf the Plana,rtban arc not mt the tree gtaf�,which indicates that we have b Phis aanereae aroand the fret gnto and irrmea ft saw cut length. We did not plan to poor eonmu around the tree Yale neher co the coo==and insert the hoe guts and drill a hole into the edsb"sidewalk and anchor grate to sidapt. ExIlMse No Ilea Cost look) Unit Total Cat CheMMUholanatim $ 100.00 loo S 10,000.00 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 lest 9$into the air). Larry Jr met with Steve and Henry nd the conclusion was that we had to purchase an arrow,board. �3 Elk -A!�D ° boot Cant(tank) Usk Total Cat Arrow bard $3000.00 1 $1000.00 raGt d6 PCO #8 0 18 o 24" trench depth Phft Cotnotth and Imy Colarosai Jr where hnformeA(by Henry)after Paang main watt line in the South side of mOland Awonve tnmeh bdween E and D stmets that the trench mrodt to be dug out 24'not IS-w shown on the apptosed plena. Ir>+pectoc odd Given Hook mays to Pepe P==h=24% huwt .their was m change in the ap,rd Pans. This itubfInOdW was given to m a few days alter Colamsai Coostruc-lion was ratified of the 24"a,�,+r„r roncnere cul.�ts at the imaraectiom Note,DM&tba tedatate 1�,dtis Pint of the job was estimated aocm iag to the Pans,which shows an I S'dap trench t�tlmating phax to Initial aunt of eu-av Lung,we war not givrn udormatioo from the City suCng that the Punt ane nut emrat our wane we infmmod WeeificatiM me not correct 11154 it wasn't until we slatted exCavaring r. the Arrowhead townection that the 24 inch trench w being mavated Also noted,at the start time of this job,we were experiencing the City being f1mble with the Pans at spe6faa- tionk Wocifiraily in the Chin favoa. The fe0owing is the emainune'd cost of me e"unng the urach depth from 18-to 24'- Egtilrtele N � lte� Cost(man) Unit Total Cud S ts.00 100 c $1500.00 RacenTaci S13.00 200 $3000.00 $30.00 200 S6000.00 t 9 COs] PCO #9 on Material Import 11e not and'aa Inaeting wild your mrs eaginoei(U MV)indicated that we had to Pace psommil sand around the Phmli I believe Ile anion for this is becaasc the eluting soil&MM gravels which could crash the pipe. ?bus,the otittirtg tttaWW an not be teed around the PR m shown in the Para. This will increm if the rock saw option is stied Alm, me0cr41 he impulsed to make up for the lo'of asphah that u being nm and and hauled off site. Not the tfmtle don not mc1o�the 4'that we aheedy estimated off Eatlsate '��.Z. 51 w, rs«� R-F-Q ItOm Coat(unit) Unit Total Cost »seed.hauled,and Oared $ 200 yds $7,000.0o PCO #10 on Unnecessary Rework of Compacted Soil Oa FrArf the week of the 1747,Hill ropteaenting City Hernaalno)eugui t COtOpwbm WK (which��°�10mn4mcW a m The aw eu p,,gr tmdings�hn�.t than 9�Sr%�o S 95%even in the etatet Iotxhon of the m�iclq�frata.���M�s��'taled the cony"ine was greater than "x8calod no change to ocation if t effort and rani TOP also failed a remnapaeted err®Wee of Arrowhead(testing came am and perfonued sandcore tessiog,nd in t content o was within VeciSption.The fohlowing Monday. CIU which time(3Mest of Prattr than 95Y.compaction effort, thus we wasted the Arrowhead)and the time we owdd have asphalted the road on that Friday. hens Coat(unit) Unit Total Cost I day ofunneoe=wy rewomk(W of TlwtfiM S2ouo.00 1.0 $2000.00 Yyo r Alternative method of trenching & sidewalk trench response Acmr&ag 10 the%x amt to the Culam®Constmcoim odic'.the Steve Enos has helped to in obtaining an estimate Am the use d•root saw We believe Steve is hying m an cost m the chatigittg conditions owiuring on this job by tinuting the two®t of cost doe m machine,chine,the rock saw. It is obvious(from the Wephone call made by Anthony Colatuaai a Steve Pana). Steve did not think about possible damages and exna costs crated by the rock saw. Also, Steve will rot allow the City of San Baadim to guarantee nor take responsibility of this machines capability and prom sat MMWM that Colamow Coosaogim kraees Aenadie{b the plans that Coluusai Cous<rnctim ea4matoUlim job kr,we did not bche that this'Job needs a rock 511W(110001*214 to the plans). Although a rock saw may Wtve snmc problenw,these ate several reamers wlty we:do not wbtat W 0aa a Pack taw;nor sub out this job. I. Uninsured sm lines and High lbltage Stroa Lights(dangerous and aWe) 2. Sub ooseracear digs 250 ft/hr(Stop and go,pot holing) 3. Plata Call for Saw Crating Asphalt(is this now cat) 4. Can machine work sport twoctae goner and crab 5. Colaroed wants City to take full rcgmnsbiltq•Of caused by this machine(Bob. 8). inspector said machme will probably rip out any unmarked prping and take pavement with Between E,D,and Asrowbead the gee mina were very elms to sewer lines and water]ma. If the maurloed pipe is palled oat,it is po®tie that main water lip or other pipes come out With ii 6. Who pays W blench plate what upon trench an cot be sealed in days work 7. hot ' 'the city saw a rat sew work bellif doesn't mean than its going to work lot this Job and amaomical. If YOU am W sure that it will work,why dons you take the Of thin tune. responaibifity Its'- Saemmg dasphah(cobble size PO=Ne)from bacM MAY be mquuncL W. Recowpictim cot:than dmblm tbl. EVe"thig of rock saw nwkzW(snow than doable occurring now) W. pk king up cock taw atrial(not thought out yet) tb3- Slurry hedkfin cast 9. Plans do not can for a rode saw,and C01020631 Constriction would have never have bid on this job if they knew a rat saw would be nn ion The M►mt ilw ldltoti6rs some ar die problems(identified from the surfaz)that we would arnmpate going through the aidewsk w$h the mom Ilse trench 1. seater Mtarts mkt to hack of cub 2. Street bgk Poles(oat to measiou fouedapon)very close to back of curb 3. Slier(fight high village running rota to bade of curb in same area 4. Pnobsbl�angry Ped'%naa(several Audurts)and bomasa Mom would arise Delaying Future Colarossi Construction Jobs Project would m then 43 COar"'M Construction Performed the bid on,we essdmeltd the San Bemadino Stratscape dW o>mrn a �to mete. Sine the plans were mialeading and the City of San Banadino that we have itsrblcom Wo6km sovmg BAR the schedule has been dr=cally increased and will go into fuuvejobs Planted to perform after the San Bernad;no SMOW&Pe Project was amp(ete,starts in rind October. I1m Coat(salt) Unlit 'ibtal Cwt Dek'a S 2000.00/day 7777 5777, 7be Why E.4won i m AA" on tree above PCD*if any,time mEPOu causod by the shove PCOs will be povidod to the City. • 3�)E SE I - T I V I -X7 le 72 EP0Fe T''. Elf SEP-24-99 10: 32 ID:9093845155 CBS 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 ..5093882332 001 BB '56 OK 02 SEP-22 15: 14 EMMR/R 004 03 . 57 OK 03 SEP-22 15 :20 EMMR/R 004 01 .41 OK 04 SEP-22 15:24 EMMR/T 3873362 003 00 .58 OK 009 05 SEP-22 16: 39 G3/T 9099490546 002 01 . 10 OK 010 06 SEP-22 16:46 G3/T 8016349409 002 01 .57 FK 011 07 SEP-22 16 :48 G3/T 8016349409 003 02 .40 OK . 012 08 SEP-22 17: 09 EMMR/T 97791445 002 00 '59 OK 013 09 SEP-22 17:26 EMMR/T 97843925 001 00 .26 OK 014 I0 SEP-23 07: 15 EMMR/R 001 00 .51 OK 11 SEP-23 07:27 EMMR/R 1909 886 4954 009 07 .03 OK 12 SEP-23 08:46 EMMR/R 909 384 8477 016 06 '31 OK 13 SEP-23 09 : 11 EMMR/R 909 937 0202 002 01 . 19 OK 14 SEP-23 10: 14 EMMR/R 909 898 9355 002 01 .23 OK 15 SEP-23 10:47 EMMR/R 001 00 .34 OK 16 SEP-23 11 : 53 ECM/R Via Fax 001 01 .32 OK 17 SEP-23 11 : 57 EMMR/T 93824106 002 01 . 17 OK 015 16 SEP-23 12:00 EMMR/T 813+345+1624 005 02 .57 OK 076 19 SEP-23 12:06 G3/R 9093882332 001 00 .46 OK 20 SEP-23 14 :23 EMMR/T 7146716721 003 02 .22 OK 018 21 SEP-23 14 : 26 EMMR/T 7146716721 002 02 . 11 OK 017 22 SEP-23 15 :41 ECM/T 9098630747 001 00 .34 OK 019 23 SEP-23 16: 13 G3/T 714 758 9423 001 00 '36 OK 020 24 SEP-23 23:02 EMMR/R CCC 001 BB ' 36 OK 25 SEP-24 06:01 G3/R 909 371 8499 001 00 .42 OK 26 SEP-24 07: 56 EMMR/R 1909 686 4954 009 06 . 10 OK 27 SEP-24 08: 12 EMMR/R 6003441912 001 00 '39 OK 28 SEP-24 86:20 EMMR/R 909 336 6694 002 00 '53 OK 29 SEP-24 06: 26 EMMR/R 9094783499 BOG 02 .41 OK 30 SEP-24 06: 38 000 00 '00 CALL 31 SEP-24 09:22 G3/R 9093882332 001 00 '45 OK 32 SEP-24 10: 28 G3/R 8016349409 007 03 .56 OK 1 � S _ Y C I T Y O F F ' �oGNVEn IN j01C, San Bernardino DEV�!LOP ME NT SERVICES DEPARTMENT M I C H A E L E N A Y S D 1 R B C T C R September 22, 1999 Ile 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: 3 C. N 0 R T M 0 S T R E E T . S A N 8 E R N A R O 1 N O . O A L I F 9 2 9 1 8 0 0 0 1 (9 0 9 1 1 A 4 . 5 3 S) - F A K : 1 44. 6 0 , 0 / P U B L I C W O N KS FAX : IAA - 5135 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 I*. C I T Y O F 5an Bernardino 0 E V L 00 ME NT 9 AV IC EO 0■F A■ TY E AT Y I C N A L F , N A Y S ■ 1 ■ ■ 0 T 0 ■ "-August 27, 1999 File 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Re: NOTICE TO PROCEED: Installation Of Strectscaping 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, MICHAEL W. GRUBBS 6 y Acting City Engineer U _ p JLC:lc / cc: Steve Enna, Construction Engineer dy Navarro, Eng. Aide Lynn Merrill, Acting Director - Public Services Henry Wingson, Const Inspector 3 0 0 N O A T N 0 - 3 T A E E T . 3 A N ■ E A N A A 0 I N 0. C A L I F 0 2 I o 0 0 0 I (909) 344 . F 35 T - FAIL : 344. 50002 F U L I C IN0A ■ 5 FAX : 344. 5155 P X C i T Y O F DfD IN his 5an Bernardino 0 E V E L O PME NT SE R V IC E3 OE PART MEN 1 M I C H A i L E X A Y S 0 ! R E C T O R Y 9 3,�1 6 O August 5, 1999 N E56� 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, T n:-T MICHAEL W. GRUBBS Acting City Engineer JLC:lc Enclosures 30 : NOR TN C S _ a ET , SAN 3E ANAR ' i NO, CA 'i (A 0 A) 384 - 53S ? - F A I : AAA. S Y A 0 / P O ELI C W O P K 5 F A; : 5 A A - ! I S A Z + S _