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HomeMy WebLinkAbout22- Development Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Michael E. Hays Subject: Termination of Contract for convenience and Release of Contract Dept: Development Services Bonds-Installation of Street Trees along Highland Avenue from "E" Street to Date: April 19, 2000 Waterman Avenue (Colarossi Construction) 0 � L per Plan No. 9845. File: 7.37-5040 MCC Date: 05-01-2000 Synopsis of Previous Council Action: 05/05/99 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. 08/02/99 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. 1/24/99 Continued to February 22, 2000. 2/22/00 Continued to March 20, 2000. 3/20/00 Continued to April 3, 2000. 4/03/00 Continued to May 1, 2000. Recommended Motion: That the Mayor and Common Council terminate The Contract for Convenience and Release all Contract Bonds—Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue (Colarossi Construction) per Plan No. 9845 and authorize payment to Colarossi Construction in the amount of $150,000 plus monies owed to material suppliers as settlement for all costs incurred and claims arising from thi contract Michael E.ylyy Contact person: Michael Grubbs, Sr. Civil Engineer Phone: 5179 Supporting data attached: Staff Report Ward: 2 & 7 FUNDING REQUIREMENTS: Amount: $160,500.00 Source: (Acct. No.) CDBG Activity Nos 97-231 and 98-233 Acct. Description: Highland Avenue Streetsca e `d'yta� Q& .2D 1120 Finance: Council Notes: 7 Agenda Item No. 0,�/o 71,oed 0-g I-A �/40to CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Termination of Contract and Release of Contract Bonds for Convenience—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 the Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue for the contract amount of $158,433 pursuant to the public bid process wherein the bids were received on July 13, 1999. The submitted bids ranged from $158,433 to $348,850. 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 September 3, 1999, the contractor encountered 9" to 10" thick asphalt concrete pavement. On September 7, 1999, 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 September 8, 1999. An evaluation by City staff of the progress of the work was made on September 22, 1999, and the rate of trenching was only 188 linear feet per day, substantially less than the performance goal of 300 linear feet per day. STAFF REPORT—Page 3 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 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 Empeflo, Deputy City Attorney, attended on behalf of the City, together with Public Works staff. It was agreed that Colarossi Construction would resume work on November 1, 1999, 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 December 1, 1999, so that the 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 November 1, 1999, and worked continuously until December 29, 1999, 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 any time 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. STAFF REPORT—Page 5 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. On January 24, 2000, the City Council received testimony from representatives of Colarossi Construction and representatives of the bonding company. The item was continued to February 22, 2000 at the request of Colarossi Construction, their attorney and the attorney for the bonding company. In order to allow time for the Colarossi Construction attorney to provide documentation to support their claim, the item was continued to March 20, 2000. Additional delays in receiving all necessary documents and negotiations for settlement resulted in a continuance of the item to April 3, 2000 and to May 1, 2000. After protracted negotiations with Attorneys for Colarossi Construction and the bonding company, a settlement was agreed in the amount of $150,000.00 plus monies owed to material suppliers. Staff feels that a total settlement amount not to exceed $160,500.00 (including verifiable materials supplied) is fair and reasonable. Financial Impact: This project is funded by CDBG Activity Nos. 97-231 ($110,000.00) & 98-233 ($110,000.00). Staff charges for Engineering, administrative and inspection will be charged to Account No. 001-181-5952-5040, which should be 100% reimbursed by the CDBG grant. Sufficient funds remain in this account to pay the $150,000.00 settlement (plus monies owed to material suppliers) being offered to Colarossi Construction. Recommendation: That the Mayor and Common Council terminate The Contract for Convenience and Release all Contract Bonds-Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue (Colarossi Construction) per Plan No. 9845 and authorize payment to Colarossi Construction in the amount of $150,000.00 plus monies owed to material suppliers as settlement for all costs incurred and claims arising from this contract. i 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: March 27, 2000 Avenue (Colarossi Construction) per Plan I , r No. 9845. File: 7.37-5040 0 r V MCC Date: 04/03/00 Synopsis of Previous Council Action: 5/03/99 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. 8/02/99 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. 1/24/99 Continued to February 22, 2000. 2/22/00 Continued to March 20, 2000. 3/20/00 Continued to April 3, 2000. Recommended Motion: That the Mayor and Common Council continue this item to the next regular meeting of May 1, 2000. Michael E. As 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: aDOO Agenda Item No. 23, 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: This item was originally heard on January 24, 2000 and the backup was distributed at that time. It was continued to February 22, 2000 at the request of Colarossi Construction, their attorney and the attorney for the bonding company. In order to allow time for the Colarossi Construction attorney to provide documentation to support their claim, the item was continued to March 20, 2000. The item was further continued to April 3, 2000, to allow additional time for negotiation. Large volumes of documents were received from the attorney for Colarossi Construction on March 6, 2000. Staff has completed review of the submitted material and is attempting to schedule a meeting with the attorneys for Colarossi Construction and the bonding company. We anticipate that the meeting can be held in sufficient time for staff to propose a recommended resolution of this matter for consideration at the Council meeting of May 1, 2000. Therefore, we are requesting that this item be continued until that time. Financial Impact: There is no financial impact. Recommendation: That the Mayor and Common Council continue this matter to the next regular meeting of May 1, 2000. 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: March 14, 2000 Avenue (Colarossi Construction) per Plan No. 9845. File: 7.37-5040 MCC Date: 3/20/00 Oi I i �Wl 4 s L ; L Synopsis of Previous Council Action: 5/03/99 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. 8/02/99 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. 1/24/99 Continued to February 22, 2000. 2/22/00 Continued to March 20, 2000. Recommended Motion: That the Mayor and Common Council continue this item to the next regular meeting of April 3, 2000. Michaea. Hays 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: 3 a.alaoyu Agenda Item No. p� 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: This item was originally heard on January 24, 2000 and the backup was distributed at that time. It was continued to February 22, 2000 at the request of Colarossi Construction, their attorney and the attorney for the bonding company. In order to allow time for the Colarossi Construction attorney to provide documentation to support their claim, the item was continued to March 20, 2000. Large volumes of documents were received from the attorney for Colarossi Construction on March 6, 2000. Staff is in the process of reviewing the material and expects to have it completed by March 20. Once the review is complete, a meeting will be scheduled with City staff and the attorneys for the Colarossi and the bonding company. We anticipate that it can held in sufficient time for staff to propose a recommended resolution of this matter for consideration at the Council meeting of April 3, 2000. Therefore, we are requesting that this item be continued until that time. Financial Impact: There is no financial impact. Recommendation: That the Mayor and Common Council continue this matter to the next regular meeting of April 3, 2000. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM To: Judith Valles, Mayor From: Michael E. Hays, Director of Development Services Subject: Highland Avenue Street Tree Project: Default of Colarossi Construction— Request for Continuance from February 22, 2000 Council Meeting to March 20, 2000. February 10 F Date: e y , 2000 Copies: Fred Wilson, City Administrator File: 7.37-5040 The Mayor and Common Council originally heard this item on January 24, 2000, and the backup was distributed at that time. At the request of Colarossi Construction, its attorney and the attorney for the bonding company, the item was continued to February 22, 2000. On January 14, 2000 and again on February 10, 2000, staff met with the attorneys for Colarossi Construction and its bonding company. Negotiations are continuing and additional time is necessary to completely review new documentation being supplied by the contractor. Upon completion of negotiations, staff will bring the item before the Mayor and Common Council with a recommendation. We anticipate that the additional review and negotiations will be completed by March 20, 2000. Therefore, we are requesting that the item be continued until the regular meeting of the Mayor and Common Council on March 20, 2000. #31 a.)aa'1Da 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 A Avenue (Colarossi Construction) per Plan 0 � � � i ���L No. 9845. File: 7.37-5040 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". v Michael E. IA ys Contact person: Michael Grubbs, Sr. Civil Engineer Phone: 5179 Supporting data attached: Staff Report & Project Correspondence Ward: 2 & 7 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Finance: Council Notes: Agenda Item No.� //41 Y .. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Declaration of Default by Contractor and Cancellation of Contract—Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue (Colarossi Construction) per Plan No. 9845. Background: On August 2, 1999, the City entered into a Contract with Colarossi Construction for Installation of Street Trees along Highland Avenue from "E" Street to Waterman Avenue for the contract amount of$158,433. The "Notice to Proceed" was given on August 27, 1999. Colarossi Construction began work at the southeast corner of "E" Street and Highland Avenue and started trenching east as required by Bid Item No. 8 "Trenching, Backfilling and Restoration of Asphalt concrete Pavement". On 9/3/99 the contractor encountered 9" to 10" thick asphalt concrete pavement. On 9/7/99 the contractor encountered a 6" thick layer of concrete underneath the asphalt concrete pavement. The extra thick asphalt concrete pavement and the subsurface concrete was not shown on the plans and appeared to affect the entire reach of the project., therefore, Colarossi Construction immediately stopped work and verbally requested a change order to compensate them for the extra cost incurred due to "Changed Conditions" under Section 3-4 of the Standard Specifications. In a meeting with the Contractor, City Staff acknowledged the "Changed Condition" and authorized the Contractor to proceed under Section 3-4 of the Standard Specifications, which requires the Agency to issue a change order to adjust the compensation for the affected work. However, it was not possible to immediately process a change order before the City Council because the location and amount of the unforeseen asphalt and concrete was highly variable and the total cost of the change order could not be estimated. The Contractor and City Staff agreed that Bid Item No. 8 "Trenching, Backfilling and Restoration of Asphalt Concrete Pavement" would be deleted and the work covered would be completed on a "Time and Materials" basis as provided by Section 3-3.2.2 "Basis for Establishing Costs" of the Standard Specifications. It was further agreed that Colarossi Construction would attempt to complete 300 linear feet per work day of trenching. The Contractor resumed work on 9/8/99. An evaluation by City Staff of the progress of the work was made on 9/22/99 and the rate of trenching was found to be only 188 linear feet per day, substantially less than the performance goal of 300 linear feet per day. City Staff suggested that Colarossi Construction investigate alternative methods of trenching, such as a "rock saw" trencher. Representatives of Colarossi Construction, rejected the suggestion and insisted on continuing the work by conventional methods. Each family member performed various tasks, such as laborer, equipment operator, flagger, truck driver, etc. Colarossi Construction refused to bring in additional workers or hire subcontractors to speed up the trenching operation. On September 22, 1999, the City issued a "Stop Work Notice" to Colarossi Construction. The "Stop Work Notice" was to remain in effect until the Colarossi Construction: 1) Formally requested a "Change in Condition" from the City in writing; and 2) that Colarossi Construction submit a fair and reasonable request for additional performance time and cost based on an economical alternative trenching methodology. On October 19, 1999, a meeting was held with Colarossi Construction and their Attorney, Blake A. Hudson. Henry Empeno, Deputy City Attorney, was in attendance on behalf of the City together with Public Works Staff. It was agreed that Colarossi Construction would resume work on 11/1/99 with a goal of 300 linear feet per day of trenching. The Contractor would further attempt to complete trenching in the street between "E" Street and Sierra Way before 12/1/99 so that our Highland Avenue Pavement Rehabilitation Project, a separate contract, could proceed. Additionally, City Staff agreed to seek approval to pay for materials that had been delivered but not incorporated in the work. Further, City Staff agreed to consider a claim by the Contractor for "lost time cost" due to the "Stop Work Notice". In the spirit of cooperation with the Contractor and to alleviate unfair impacts to its material supplier M & M Boys, Inc. the City processed Change Order No. 1 to delete the portion of Section 6-1.06 PAYMENTS, which read as follows: "No partial payment will be made for any materials which are furnished but not incorporated in the work.". The purpose of this change order was to enable payment to the Contractor for materials delivered to the job, but not yet incorporated into the work. This was a "no cost" change order and did not require City Council approval. The Contractor resumed work on 11/1/99 and worked continuously until 12/29/99, when the Contractor without notice to the City, abandoned the Project. The Contractor failed to provide "Time and Material" reports as required by Section 3-3.3 "Daily Reports by Contractor" for anytime during that period. Measurement by City Staff of the work completed during that time period indicated that the Contractor averaged 67 linear feet per day of trenching, backfilling and restoring asphalt concrete pavement. City Staff felt that the Contractor's lack of manpower was the cause of the extremely low rate of progress. On December 28, 1999, City Staff attempted to deliver two checks to Colarossi Construction. One check was to Colarossi Construction for work completed during the period 8/27/99 through 9/20/99. The other check was a joint check made payable to Colarossi Construction and M & M Boys, Inc. and was intended to pay for grates and irrigation materials stored at M & M Boys' yard in Corona, but not yet incorporated in the work. Larry Colarossi, Sr. refused to accept either of the checks indicating that he felt that approximately $80,000 is owed to him for work completed to date. On December 29, 1999, the Contractor stopped work, without notice to the City, and moved their equipment off the site. City Staff believed they had abandoned the project. A letter was sent on 1/3/2000, by certified mail to Colarossi Construction, its bonding company and its Attorney, Blake A. Hudson advising them that the City considered them in default as defined by Section 6-4 of the Standard Specifications. The Contractor was given five (5) days to respond to the "Notice of Default" letter. The Contractor was advised that if it failed to resume work and diligently pursue the work to completion, the City would declare the Contractor in default, cancel the contract and exclude the Contractor from the project site taking possession of all materials and equipment at the site. On Wednesday, January 12, 2000, without notice to the City, the Contractor returned to the job site and resumed work. City staff has monitored the work since the Contractor's return and the Contractor's performance still falls far short of the mutually agree upon goal of 300 linear feet per day. The average rate of progress since returning has been less than 100 linear feet per day. In addition to stopping work and moving off the site on December 29, 1999, Colarossi Construction had reportedly directed its supplier, M & M Boys of Corona, to return to the manufacturer approximately $44,000 worth of tree grates and irrigation material. This action indicated to City Staff that Colarossi Construction was not acting in good faith and had no intention of returning to complete the project. In addition to the substandard performance indicated above, staff has been unable to obtain from Colarossi Construction documents required by HUD for the City to obtain reimbursement under the CDBG Grant. Except for the period 8/27/99 to 9/20/99, the Contractor has failed to submit acceptable Certified Payroll Records for the payroll periods during which contract work was completed. No Certified Payroll records have been submitted for work completed between 11/1/199 and 12/29/99. Without acceptable Certified Payroll Records for all pay periods worked after 9/20/99, Staff is unable to authorize any further payment to Colarossi Construction. City Staff had been in contact with Colarossi's bonding company and has attempted to have the bonding company intervene and influence the Contractor to remedy the deficiencies in his performance to no avail. Consequently, on January 18, 2000, Staff mailed and delivered to Colarossi Construction a notice to suspend work pursuant to Section 6-3 "Suspension of Work" of the Standard Specifications pending resolution of the "Notice of Default" action before the Mayor and Common Council on January 24, 2000. A copy of the letter and all other correspondence between the City and Colarossi Construction or their representatives is attached. Therefore, Staff is recommending that the Mayor and Common Council declare Colarossi Construction in default and Cancel the Contract pursuant to Section 6-4 "Default by Contractor" of the Standard Specifications which provides that "The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent". Staff contends that the Contractor is not "complying in good faith" as evidenced by the following actions and performance deficiencies: 1. Abandoned the Work on 12/29/1999 without notice to the City and subsequently returned to work, also without notice to City, on 1/12/2000, but only after receiving a written notice from Staff regarding their abandonment. 2. Directed M & M Boys, Inc. to return approximately $44,000 in tree grates and irrigation supplies which were intended to be included in the work, indicating a lack of commitment to complete the Project even though the City attempted to deliver to them a joint check to pay for the materials. 3. Made no effort to achieve the agreed upon performance goal of 300 linear feet per day of trenching, backfilling and restoration of pavement. 4. Have not submitted proper and complete documentation of Certified Payroll Reports and Time and Materials reports that are required for the City to pay Contractor and obtain reimbursement from the Community Development Block Grant (CDBG) Fund. Financial Impact: There is no immediate financial impact due to the proposed action declaring the default and canceling of the contract. Recommendation: That the Mayor and Common Council declare Colarossi Construction in default and cancel the Contract pursuant to Section 6-4 "Default by Contractor" of the Standard Specifications for project "Installation of Streetscaping on Highland Avenue from "E" Street to Waterman Avenue per Plan No. 9845". • I � i • • F loll NO lb i�i�i f .•.' \ �i�i1 • �i.` ` ' • \ ` ►iii i�i�i f` \ f �i�i1 • Rini �i�i1 • • IRS �,0,� ►�,�1 • • . iN�i ►iii/ • ►N.I1 ����� . • IRS ►*.*1 ►,.,1 �.�. IRS 4 i BASED ON HOLLAND-LOWE'S PROPOSAL FINISH TRENCHING & IRRIGATION (1375 /4949 = 27.8%) FROM "E" TO ARROWHEAD BID AMOUNT QUANTITY AMOUNT 1 MOBILIZATION 24,619.00 L.S. 16.6% of total cost $ 4,087 2 TRAFFIC CONTROL 9.197.00 L.S. 16.630 S 1,527 3 CLEARING&GRL-BBLNG 32,629.00 L.S. 16.6% $ 5,416 4 INSTALL QUEEN PALMS 400.00 EA 0 $ - 5 INSTALL TREE GRADES 423.00 EA 0 S - 6 IRRIGATION SYSTEM 79.842.00 L.S. 27.8% of trenchins S 22.196 CCNSTRL-CT SIDEWALK 1 1.75 ST 0 - S S TR.E_NCHI\G &- BACKFILLINC 67.691.00 L.S. 2 7.S'?u of trznchin_ S 1S.S19 9 REMOVE EXISTING TREE 140.00 EA 0 � S - S 52,045 TREE PLANTING BETWEEN "E" AND SIERRA WAY (65 TREES) BID AMOUNT QUANTITY AMOUNT 1 MOBILIZATION 24,619.00 L.S. 22.6% S 5,564 2 TRAFFIC CONTROL 9.197.00 L.S. 22.6% S 2,079 Ci=_ARI\G & GRUBBING =2.629.00 L.S. 22.6% S 7,374 4 INSTALL QUEEN PALMS 400.00 EA 65 S 26,000 5 INSTALL TREET GRADES 423.00 EA 65 S 27,495 6 IRR:GATION SYSTEM -9.842.00 L.S. 0 S - CONSTRUCT SIDEWALK 11.75 SF 615 S 7.226 TRENCHING R: BACKFILLING 6"'.69=1.00 L.S. 0 S - 9 RE'•.OA"E EXISTING TREET 140.00 EA 19 S 2,660 S 78,398 COMPLETE IRRIGATION SYSTEM AND PLANT TREES BETWEEN SIERRA WAY AND WATERVIAN BID AMOUNT QUANTITY AMOUNT 1 MOBILIZATION 24,619.00 L.S. 60.9% S 14,993 2 TRAFFIC CONTROL 9,197.00 L.S. 60.9% S 5,601 3 CLEARING & GRUBBING 32,629.00 L.S. 60.9% $ 19,871 4 INSTALL QUEEN PALMS 400.00 EA 48 S 19,200 5 INSTALL TREE GRADES 423.00 EA 48 S 20,304 6 IRRIGATION SYSTEM 79,842.00 L.S. 72.2% S 57,646 7 CONSTRUCT SIDEWALK 11.75 ST 455 $ 5,346 S TRENCHING& BACKFILLING 67,694.00 L.S. 72.2% S 48,875 9 REMOVE EXISTING TREE 140.00 EA 0 $ --� SC 191 36'� P��' 1 Grand Total: $ 322,279 BASED ON AVILA'S PROPOSAL FINISH TRENCHING & IRRIGATION SYSTEM FROM "E" TO ARROWHEAD BID AMOUNT QUANTITY AMOUNT 1 MOBILIZATION 7,500.00 L.S. 11.6% of total cost $ 870 2 TRAFFIC CONTROL 7,500.00 L.S. 11.6% $ 870 3 CLEARING&GRUBBING 15,000.00 L.S. 11.6% $ 1,740 4 INSTALL QUEEN PALMS 400.00 EA 0 $ - 5 INSTALL TREE GRADES 480.00 EA 0 $ - 6 IRRIGATION SYSTEM 32.400.00 L.S. 27.8% of trenching S 9.007 7 CONSTRUCT SIDE`A:ALK 10.00 ST 0 � S - 8 TRENCHING&BACKFILLING 30,000.00 L.S. 27.8% of trenching S 8.340 9 REMOVE EXISTING TREE 140.00 EA 0 V $ - $ 20,827 TREE PLANTING BETWEEN "E" AND SIERRA WAY (65 TREES) BID AMOUNT QUANTITY AMOUNT 1 MOBILIZATION 7,500.00 L.S. 26.8% of total cost $ 2,010 2 TRAFFIC CONTROL 7,500.00 L.S. 26.8% $ 2,010 3 CLEARING& GRUBBING 15,000.00 L.S. 26.8% $ 4,020 4 INSTALL QUEEN PALMS 400.00 EA 65 S 26,00 5 INSTALL TREE GRADES 480.00 EA 65 S 31,200 6 IRRIGATION SYSTEM 32,400.00 L.S. 0 of trenching S - 7 CONSTRUCT SIDEWALK 10.00 S.F 615 S 6,130 8 TRENCHING&BACKFILLING 30,000.00 L.S. 0 of trenching S - 9 REMOVE EXISTING TREE 140.00 EA 19 S 2,660 S 74,050 COMPLETE IRRIGATION SYSTEM AND PLANT TREEST BETWEEN SIERRA WAY AND WATERMAN BID AMOUNT QUANTITY AMOUNT 1 MOBILIZATION 7,500.00 L.S. 61.5% of total cost $ 4,613 2 TRAFFIC CONTROL 7,500.00 L.S. 61.5% $ 4,613 3 CLEARING & GRUBBING 15,000.00 L.S. 61.5% S 9,225 4 INSTALL QUEEN PALMS 400.00 EA 48 $ 19,200 5 INSTALL TREE GRADES 480.00 EA 48 $ 23,040 6 IRRIGATION SYSTEM 32,400.00 L.S. 72.2% of trenching $ 23,393 7 CONSTRUCT SIDEWALK 10.00 S.F 455 $ 4,550 8 TRENCHING&BACKFILLIN'G 30,000.00 L.S. 72.2% of trenching $ 21,660 9 REMOVE EXISTING TREE 140.00 EA 0 $ - $ 110,293 Paget Grand Total: S 205,170 NARp�tiG p� n = an Bernardino 0 E V E L O P M E N T S E R V I C E S D E P A R T M E N T M i C H A E L E H A Y S D 1 R E C T O R CERTIFIED MAIL January 18, 2000 File No. 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Attention: Mr. Larry Colarossi, Jr., Sole Proprietor Subject: Highland Street Tree Planting Project per Plan No. 9845 - SUSPENSION OF THE WORK AND NOTICE OF INTENT TO DECLARE DEFAULT AND CANCELLATION OF CONTRACT. Dear Mr. Colarossi: On January 3, 2000, we sent you a "Notice of Default" letter advising that the City proposes to declare your company in default on the subject contract. This default is due to the fact that you have failed to "execute the work in a manner and at such locations as specified" and you have failed to "maintain a work program which will ensure the Agency's interest". You abandoned the project on December 29, 1999, and we have received word from M & M Boys, Inc. that you directed them to return tree grates and irrigation supplies to the manufacturer which were ordered for this project and valued at approximately $44,000. The slow rate at which your company has progressed on the work has resulted in excessive costs to the City, caused unnecessary interference with access through the area, restricted access to adjacent properties and interfered with the orderly conduct of business along this very busy section of Highland Avenue. Your conduct of the work has clearly not been in the City's best interest. It has caused and is continuing to cause significant damages to the City of San Bernardino. 3 0 0 N O R T H 0 S T R E E T . S A N B E R N A R 0 1 N 0, C A L I F . 9 2 4 1 8 0 0 0 1 (909) 354 - 5357 • FAX : 354 - 5080 / P U B L I C WO R KS FAX : 384-5155 i Highland Street Tree Project — Notice to Suspend Work 01/18/2000 In addition, despite numerous discussions between Public Works Staff and representatives from the firm regarding the necessity to follow proper local, state and Federal procedures, we have yet to receive the documentation necessary to pay your company for work performed after September 20, 1999. We did receive the documentation required in order to pay you from August 27, 1999, through September 20, 1999. We attempted to deliver the checks covering work completed for that period and materials on hand but not incorporated in the work to Larry Colarossi, Sr. on December 28, 1999. Our letter of January 3, 2000, indicated that we are proposing to declare your company in default under Section 6-4 of the Standard Specifications. It further gave you five(5) days after receipt of the notice of proposed default to explain how you would remedy the deficiencies in your performance indicated above. It further indicated that, if you did not respond and the deficiencies are not remedied within five (5) days, or you fail to continue after starting to comply, then the City will exclude you from the premises and take possession of all materials and equipment. You were warned that, if you fail to comply, the City will turn to your Surety to complete the work and any cost incurred by the City in the completion of the work will be charged against your company or your Surety. Please be advised that you have not provided a work plan, within the time limit specified, that would indicate that you are capable of remedying the performance deficiencies noted earlier in the letter. Therefore, we have no choice but to recommend to the Board (Mayor and Common Council) that the subject contract be cancelled under the provisions of Section 6-4 "Default by Contractor" of the Standard Specifications. This action is scheduled for hearing before the Mayor and Common Council at its regular meeting of January 24, 2000. You and/or a representative of your company may attend the meeting. Further, please be advised that the City is suspending the work on the subject project in its entirety pending the hearing before the Board to declare your company in default. This suspension is being made under the provisions of Section 6-3 "Suspension of Work" of the Standard Specifications, based on a determination by the Engineer that the suspension is necessary in the interests of the Agency. Therefore, you are hereby ordered to halt all work on the subject project pending a hearing before the Board scheduled for January 24, 2000, to determine if Colarossi Construction should be declared in default and the Contract cancelled pursuant to Section 6-4 "Default by Contractor" of the Standard Specifications. You are hereby reminded of your obligation as a licensed contractor to restore the site to a condition that is safe, clean and offers minimum inconvenience to the public and adjacent property owners. You are also required to remove all debris, equipment and materials, except those which have been installed under the contract, from the site and clean up any storage/staging areas used during the work. Prior to leaving the site, you are required to coordinate the shutdown with our Construction Inspector, Henry Wingson, so as to assure that the site is left in a safe, clean and serviceable condition. We are providing notice to your Surety of staff's intent to recommend to the Board that Colarossi Construction be declared in default and cancellation of the subject contract. If the Board declares a Highland Street Tree Project - Notice to Suspend Work 01/18/2000 f 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) 384-5125. Very truly yours, Raymond A. Casey City Engineer cc: Crosby Insurance, Inc Attn Mr. Dwight Reilly (Re: Performance Bond No. 5941977) Henry Empeno, Deputy City Attorney Blake Hudson, Attorney for Colarossi Construction Michael E. Hays, Director of Development Services Michael W. Grubbs, Senior Civil Engineer Henry Wingson, Construction Inspector CITY OF SAN BERNARDINO Inter-Office Memorandum TO: Henry Empeno, Deputy City Attorney FROM: Michael W. Grubbs, Senior Civil Engineer SUBJECT: Colarossi Construction—Letter dated 1/13/2000 from Blake Hudson DATE: January 18, 2000 FILE: 7.37-5040 Henry, I am transmitting the subject letter for your review. It is dated 1/13/2000 but was sent by certified mail and received here on January 18, 2000, at 3:42 pm. Do I have a case against Blake Hudson for defamation of character? His statements about me are completely ridiculous and blasphemous. It's obvious that he is trying to focus attention on personalities rather than his client's failure to perform under the requirements of the Contract. I'd appreciate your advice regarding this continuing and completely unwarranted personal attack by Blake Hudson. Michael W. Grubbs PUBLIC WORKS/ENGINEERING HUDSON & BROWNING ,(Tv ^` , .r ,• � � i,a n ATTORNEYS AT LAW 18952 MAC ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92612 N TELEPHONE(949) 622-2150 FACSIMILE(949) 852-9778 BLAKE A.HUDSON BLAKE @BHUDSONLAW.COM PARTNER January 13, 2000 Writers Direct Dial:(949)852-9772 VIA CERTIFIED MAIL Mr. Raymond A. Casey City Engineer Development Services Department 300 North D Street San Bernardino, CA 92418-001 Re: Colarossi Construction Our File No.: 555-1012 Dear Mr. Casey: This correspondence will respond to Mr. Grubbs' letter of January 3, 2000 asserting that Colarossi is in default with respect to the Highland Street improvement project. The letter correctly states that it was agreed at meetings between Colarossi Construction and the City that a goal of 300 linear feet per day would attempt to be achieved. It was explicitly agreed that this would only be a goal and that due to the unforeseen change in subsurface conditions, no guarantee could be made as to any particular rate per day. Even if it is true that the completion rate of Colarossi Construction since November 1, 1999 is 67 linear feet per day, that is due to the site conditions (not represented on the defective plans and specifications), and not the work of Colarossi Construction. Furthermore, any decrease in a reasonable rate is due to the interference of the City personnel specifically, Mr. Michael Grubbs. As mentioned in previous correspondence, due to the City's breach of contract, Colarossi Construction exercised its option to cease work on this project. However, after meeting with you on January 6, 2000, Colarossi Construction has temporarily decided not to pursue a breach of contract action based on your representations that the City of San Bernardino wishes Colarossi Construction to complete this project and intends to promptly pay them all undisputed monies owed. The disputed monies will be arbitrated after the project pursuant to the Public Contract Code. Colarossi Construction continues, Mr. Raymond A. Casey January 13, 2000 Page 2 as it has since this dispute first arose, to proceed under protect with the respect to any amounts Colarossi Construction feels it is due, which are not forthcoming from the City of San Bernardino. Based on the above, it would be improper to declare Colarossi Construction "in default" on this project. On a separate but related note, this writing will confirm that Mr. Grubbs has clearly stated his intention to "ruin Colarossi's life" and"ruin Colarossi's credit." As you know, there are limits to governmental immunity and Mr. Grubbs has clearly exceeded them. We need written assurance that Mr. Grubbs will no longer be handling this project, will cease and desist making false, defamatory and inflammatory statements to and about the Colarossis, will cease his efforts, through his office, to ruin Colarossi's reputation, business and credit. Very t ly yours, HU BROWNING Blake A. Hudson BH:bg �c -�m =y _Z7 Irr, vZ . J rTl O= Colarossnetter to Casey a It i I - a-+ - •mil.• ,yT, ��1�yr} � C� cd U to UQ ° + It] .Z, �rt fU O Q" N i 0 m z � 0 IM m ON1ObVNd36 h ti AlIO ® � U 1NIMNION3/SNaOM O11Ond 0 w 0 LO cn 00 � C I 'T Y O F �G�DLID I ,0��. �n lBernardin' O D E V E L O P M E N T S E R V I C E S D E P A R T M E N T M I C H A E L E H A Y S D I R E C T O R - January 18, 2000 M 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 41 enter the rates from Exhibit "A". (3) Multiply Column 1, 3, and 4 and enter the result under Column 5. Sum up Column 5. (4) Enter hourly rate in Column 8 from Weekly Certified Payroll Report. 3 0 0 N O R T H ' D ' S T R E E T . S A N 8 E R N A R D I N O. C A L I F 9 2 4 1 8 - 0 0 0 1 (9 0 9) 3 8 4 - 5 3 5 7 • F A X : 3 8 4- 5 0 8 0 / P U B L I C W O R K S FAX : 384 -5155 Colarossi Construction Attn: Mr. Larry Colarossi, Jr. — President January 18, 2000 4. 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). (11) Calculate 15% markup on Equipment, Material & Work Cost and enter at (B). (12) Total cost for the Time and Materials Sheet is the sum of A, B, (A) and (B). Your attention is invited to Section 9-1.03C (Exhibit "D") which requires that the completed Daily Extra Work Reports be prepared and submitted on a daily basis by the Contractor to the Engineer. r Colarossi Construction Attn: Mr. Larry Colarossi, Jr. — President January 18, 2000 File No. 7.37-5040 Page 2 Subject: Installation of Streetscaping on Highland Avenue, from "E" Street to Waterman Avenue (Plan No. 9845) b.. 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 WORKSIEQGINQ� OIarOSSi Construction CITY "` Lic#742283 32 7600 Reche Canyon Road EFOrgowmD Colton, CA 92324 Phone (909) 783-1823 SAN 13 2000 Fax(909) 783-9171 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT Facsimile Transmission Date: January 12, 2000 To: Mr Raymond Casey or Mr Michael Grubbs City of San Bernadino Development Services Department 300 North D Street Phone (909) 384-5357 San Bernadino, CA 92418-0001 Fax(909) 384-5080 From: Anthony Colarossi Subject: Notice of Default Reply Total number of pages (including this cover sheet): 15 FROM: COLAROSSI CONSTRUCTION "'°' 7600 RECHE CYN RD COLTON, CA 92324 LIC # 742283 PUBLIC WORKS/ENGINEERING PHONE (909) 783-1823 C I T Y 017 'z - %] c•a o I t N 0 FAX (909) 783-9171 on .iAN i 3 AM i I: 4 4 TO: CITY OF SAN BERNADINO REPRESENTATIVES DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DIVISION { r 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 Bernadino (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! "k Q M$40 n .j, i � Aid il: 44 In paragraph one, the City states that CC has appeared to have abandoneg the project. Colarossi Construction has stated time and time again to the City that we are not abandoning this project. We believe this is due to the fact that CC asked the City to delete the entire contract because CC believes the city has grossly breached the contract, and we have other projects occurring at this time. This company, CC, is experiencing costly delays on both jobs they are performing work on. These delays were unnecessary if the City would have deleted the contract between CC and the City. In paragraph two, the city states that CC "has failed to execute the work in a manner and at such locations as specified". What does this "execute the work in a manner" mean. CC does not understand the Cities wording here. Furthermore, the City requested that CC concentrate its efforts between E and Sierra Ave, which CC did. Why is the City accusing CC of this? If CC misunderstands, would you please explain your wording! Why does the City continue this confusion? Also in paragraph two, the City states that "CC failed to maintain a work program which will ensure the Agency's interest". CC has schedules from before and after T&M, but these schedules were overran by disruptions and unforeseen conditions. CC obtains detail daily reports (starting on Sep- tember 03, 1999 and written by Anthony Colarossi (who is a Civil Engineer pending exam results from the State of California) when the 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 Backfill item. Henry identified this item as being between 20 and 40% (Anthony can not, at this time, recall the exact number Henry quoted) completed. Henry also asked if Larry Jr would sign for this, so a check can be issued very quickly. I asked Henry that we are suppose to be on Time& Materials and Item No.8 T&M started on September 03, 1999. Henry said that the office wanted a number for this because a check can be issued very quickly. Henry also said to Anthony, "If the City has to add up the T&M, then it might take two or more weeks to issue a check". This alone indicates that CC will dispute all signatures requested by the City. Page 2 On page 2 paragraph 1 or paragraph 4 of the entire notice of default, the city states that "It was agreed at the meetings that you (CC) would work towardosO RfO V % kear feet per day of trenching, backfilling and restoration of pavement". C IT Y ?J n r 0 U A o 1)1&40 At the meeting (01/06/00), CC provided Ray and Michael calendars for the mo h, and Dec of 1999 which identifies disruptions (an interruption to laborers tga't st ps ei'r��j'o�b�ythmv� from developing) experienced by CC during the trench excavation on the SBSS project. These dis- ruptions ranged from CC removing time saving trenching equipment (due to damage and unsafe conditions from unforeseen objects) to water line breakage/and almost breakage (due to Water Dept not marking live lines). Accompanied with this report (See pages 10, 11, 12, and 13) is a copy of the disruption calendars. Note, these calendars do not contain all disruptions (small print area). There are more disruptions identified in the video and elsewhere. Restoration of pavement was never agreed upon at any meetings because Anthony recalled trying to address this issue at the Sept 29th meeting, but this meeting was cut short. After the October meeting with the City, Anthony still recalls that the issue about asphalt restoration was still not addressed (or it wasn't important). Since the city was informed that CC was cutting asphalt to 7-1/2" during early November, CC as- sumed that the City is happy with the work progress. At the 01/06 meeting, CC warned Ray and Michael that another laborer placed on this project will probably result in an inefficient laborer and unnecessary cost to CC (who is found to be providing the total cost to this project without the needed help from the City). Note, we worked diligently towards a goal of over 400 linear feet per day at the start of this job. Due to the unforeseen conditions, disruptions, and CC's equipment abuse, the goal of 300 feet doesn't seem possible in a continuous manner, nor can CC guarantee this progress for obvious reasons related to the project. However, the 300 ft goal seems possible, between E and Arrowhead, because we started getting into normal 10" (about) thick asphalt cross sections West of Mt View. Never the less, CC does not guarantee anything in the future as we did in the past. Also in this paragraph, CC would feel more comfortable if the City would have written "we", meaning both CC and the City, "agreed to work towards a goal of 300 linear feet per day". It is obvious from the letter, that the City means that only CC agrees to work alone towards this goal. At this time, CC will identify a few costs that CC put forth to achieve this goal and experienced that they were unappreciated by the City: 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. 500# Skidsteer breaker rental (Early Dec) (On some days saved 7mh/day) At the meeting, CC identified that three items are required from both parties to achieve a successful project (based on Federal Government Procedure of Partnering(Army Corp of Eng), and they are: 1. Time 2. Effort 3. Money Page 3 It took the City till December 28, 1999 to provide the first check for work performed from Aug 27 to Sept 20, and the City had the nerve to place a condition on this check. Furthermore, material invoices were provided to the City in early November, but it took the City till December 28 to provide a check for irrigation supplies (not placed in the project) from M&M Boys. Note, the City was warned (Dec 09) that CC needs money to pay material cost for material actually placed on the job. No check (even though invoices have been sent to the City, and City acknowledged that they received the invoices) has been provided to CC as of January 07, 2000 for the invoices and itemized report provided in mid November. In the same paragraph, the city states CC's completion rate is only 67 linear feet per day. This value of 67 linear feet probably contains intersection crossings, several unforeseen conditions, asphalt saw cutting to a deeper depth, asphalt restoration, lot clean-up, and disruptions in the calcula- tion. But the most important factor affecting the above value was that trenching became much more difficult (please see disruption calendar for Nov and Dec) especially between Arrowhead and Sierra Ave on both sides of Highland. This is the main reason for this low value. On page 2 paragraph 2 or paragraph 5 of the entire notice, the city states "slow rate" and "excessive costs to the City". Back in late September, CC warned the City that this old road maybe unfeasible and take an excessive length of time to complete. Recall CC asked to delete entire contract due to unforeseen conditions and "future delays". On page 2 paragraph 3 or paragraph 5 of the entire notice, the City states that CC is not following "proper local, state, and Federal procedures". This seems like another vague statement, and CC demands specific procedures not being followed. Also in this paragraph, the City states "we" (the city) "have yet to receive the documentation neces- sary to pay your company for work performed after September 20, 1999. During the meeting, Larry Jr stated that he did not have time to turn certified payroll to the City yet for labor work after Sep- tember 20, 1999. However, Larry Jr said that he is still waiting for checks prior to September 20th to be given to CC. All in all, Larry Jr said on 01/07/00 he will give labor payroll to his accountant. In the same paragraph, the city states that the city attempted to deliver checks covering work com- pleted for that period (Aug 27 to Sept 20) and materials on hand but not incorporated in the work. Note, these checks were actually a letter written by Michael Grubbs and signed by him with nobody else from the City receiving this letter. Due to the fact that several areas of disputes are not solved and still arising, we could not accept this check yet until CC is assured that we sign under protest and CC needs to understand what the 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 9§hviduals that knew what these checks were all about. Since our lawyer is also being silenced by the ity,-Anthony Colarossi believes that Mr Hudson doesn't even know what these checks encompass. i 414 G VS_ M U is LL �L C 1 �> c Page 4 Z c: i B- r rri�rr REMEDIES FROM NOTICE On page 2 paragraph 4 or paragraph 7 of the entire notice, the city states that CC is "required to remedy the deficiencies in your performance indicated above within five days" and a City threat. After reading this notice, CC believes the notice identifies the following deficiencies: 1. Goal of completing 300 linear feet per day and Achieving only 67 2. Allocating Enough Manpower 3. Receiving the Documentation 4. Checks Delivered to Larry Sr For No. I above, the goal of completing 300 linear feet per day is still a goal to CC and seems achiev- able between E to D and D to Arrowhead; of coarse, CC can not guarantee any rate for this project. As identified in the majority of this report (notice reply) and in the calendar of disruptions, CC be- lieves that you can understand why we could not reach this goal at this time. We also hope the above information indicates to the City that the City should also try to do what they can to aide CC in achieving this goal. The City can do this by paying money owed (disputed and undisputed) to CC by the City. Note, this will not only provide company moral, it prevents thoughts of company bankruptcy, which can ultimately lead to labor disruptions. CC never made an agreement with the City stating that CC will provide all finances for this project. This is another problem the City placed on CC. For No. 2 above, allocating enough manpower was discussed at the meeting. Larry Jr indicated that he will try to provide another laborer on the SBSS project. Anthony Colarossi indicated that this laborer will probably be an inefficient laborer(unless disruptions are halted) for the majority of time on this project. CC noticed this during the September trenching when several times laborers were waiting for equipment progress. For No. 3 and No. 4, receiving the documentation, if the City representative negotiates with an individual from CC, then the negotiation should end with those two individuals (at minimum)in agreement. At the meeting, Michael Grubbs indicated that there is "miscommunications" occurring. After reading letters written by Michael Grubbs, CC (specifically Anthony Colarossi) doesn't understand the specif- ics. For example, in the Notice of Default, Mr Grubbs fails to identify what documents have not been received by the City yet. Another example is, at the meeting Mr Grubbs said that the payroll is not filled out correctly, but he does not identify what has been filled out incorrectly. Another example is the check and letter that he provided to Larry Sr. He should have provided this check and letter to � rry-Jr and at least itemize what the check is for. Nis unlikely the confusion will stop, and this is a good reason why CC requested more meetings twee—en the City and CC. However, the City noted at the 01/06/00 meeting that they didn't see the , twee—en gn having these meetings. r�uect©the unnecessary problems noted above, all monies owed to Colarossi Construction by the City o of Sap Bernadino will be disputed, unless a written agreement between the City and all members of tl:ACC Rs been signed. C Page 5 a RESULTS OF MEETING ON 01/Vlll400WORKS/ENGINEERIN( CITY OF CA U acQ"A Qr)IN0 The meeting brought about the following: n n .iAN 1 3 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. IA- 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 page14). Sincerely, L Colarossi Jr Page 6 J%U I SECTION 3 . C14ANGES IN WORK This ad " J>+sunent will be based upon then ease or decrease iii 1CR Gn RBQMTED By THE in Quantity and the Contract Unit Pnce. In the case of such an increase -1.1 General. C Item, the use of this basis for t adjustment f a Major want m sptcttiic methods of be limited to that payment will structton may )� made x the C'ontractor's request when ( portion of the change. which together with roved in writing by the Ftlsinfeer. all previous changes to that item, is not in excess of 25 -hartges in ibe Pltm Yd percent of the total cost of such item based on the original ing by the Co:7t:ta0lpr do mom' in ; 9uantity and Contract Unit Price rk and whid ue Vo' matmallti' of t the If a change is ordered in an item of Hork covered b% a rests of the Apttiy tW to the Work or to the Contact Unit Price titatt the W ton by the Board to substantial change in the character ofnthe work tfrom�that otit� �'� appe�oved in wt�itin sneer S �' the shown On the Plans or included in the Specifications, an 1.2 )hy� tW C1r" mad by the ` a4luatrnent in payment will be made in accordance with 3- 2 2.3. tractef. If sgele eiatl�a ttRa�� �,shall be made Should any Contract item be deleted an its entiren, :�Orto o u rijht to the r"ificati ntlOfssuc �yi o� for actual costs incurred prior to CRANGES WMATED BY THE AGENCY. 1 t�2.2.2 Stiprlailed Unit Prices. Stipulated unit pnces are !,1 Gesersl. T1* �blrshed by the Agency in the Contract Documents, nay change the 1?lans, as disungtiished from Contract Unit Prices submitted bN the woes, or quantity of work Contractor. Stipulated unit prices may be used for the ided het total of dolor vii w Of an such c adjvmftnt of Contract changes additive acid 4mille not oxoead 25 peg t of the Tact Price. Sht> M it 3-2.2.3 Agreed Prices. Adjustments in payments for ation, the c � y to axcera this ch"S"other than those set forth in 3-2 2 1 and 3-2 2 2 will ement tibali be by written Supplemea>� � be es agree to pee o and I detemnOd by agreement between Contractor and Agency Afe kss both I unable to reach agreement, the Agency may direct the by Chi Order. tractor to of the Orden ftH � b and taste the dollar mince with 3r d on the bests of Extra Work to m�ent in o i� ��d ces 3-3 EXTRA WORK Gee,, v � � 3-3.1 — Dc ,� red, shag p ov Ar tm Conttacws sigh General. New o -- tti,ng ac eptaa0e. unforeseen wo will be classified' as "ta work'!�whed the Engineer determines that it is not 2 Payme@. W"ered b36Zotxrut Unit Prices 13r stipulated unit prices;r 1.2.1 Cetatrset Vii 141ees, if a u oedertad in 3.3.2 Payment. edoes sot imotvt i!' a U ace, acid such 3-3.2.1 General. When the _�� � in Characxer of cannot be agreed upOM the Agency c�Iior the extra work ark ftns. t1�t PU" or included in the based n pay for the extra �cattons, Chart tilt work acctimulatior,of costs as provided herein bt PaYmant will be tssade. I Chapter �e 5 �-� Change Order 's s "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 Rlpbt to Make Changes In virtually all contracts, the owner retains the prerogative of making changes to the work by the use of clauses, such as: The Director may, at any time during the progress of the work, authorize addi- tions, 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 deviations may be authorized as follows at the Director's option: 1. On the basis of unit prices specified. 2. On a lump sure basis. 3. On a time and material basis. Further,the contractor must accept this additional work as it is within the con- text of the contract.Although the terms 'additional work"and"extra work" are used�flny'm°uslY, there ie an important legal diatinctij n .,e`tra invotvroF the requirement for performance of work entirel inde dent of tfie.coilttivol �n Public Y pen Conatruehoa Coi�rh±a is and the,Law (McGraw-Hill, ,1961), Henry.Af Cohen describes extra work As:"The Performance of work and the furnishing of a the required__labor and materials outside and entirely independent of and n wry to complete the contract or something done.or firr ishe"3ins"�'"`eas the r'egWrementa of the contract, not contemplated by the parties, and not con- 9 9. Z OfM `Nrn troIW by the contract"(p. 12J.). (Citations: Kansas City Bridge Co. v. State, 250 N.W. 343,S.D., 1993;Blair v'United States, 66 F. Supp. 405,Ala., 1946.; Addition! work is-the wo'k that can be imposed within the contract docu- mende. it is a change orr�*."tion.to the plans or specifications for a number Of reasons implicit in the original agreement. These reasons could include, but an not limited to, omissions in the design documents.,recognition of better Metbods or n1p.terWa to achieve the required effect, resolutions of problems ✓` ��lresolnti2 f unforesMr coo_ditions not anticipated, and similar ad�uetaienb --the intent of the origin retract. Within the context of additional work change orders' the owner may impose r update the equipment, to recognize different functional require- J ? M*nb, and to otherwise improve upon the design. Changes of this nature �y could potentially be identified as extra work rather than additional work. As �r work above and beyond the contract, the con-tXactor may choose to refuse extra work d a orders. However,generally speaking, the con F actor will prefer to accept both additional work and extra work change orders if they do not obvi- ouslY 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 t work involved and the cost per unit. Where change orders delete some contract wroth, replacing it with other work, the identification of the exact scope of the change order can be very difficult. a Orlons of Chat"Ord*m Fill be occasions where the contract does not suffice to cover either work conditions or the desired scope of work. Identification of these change condi- tione may emanate from the architect/engineer, field engineer at the job site (utdbtessen site conditions), and/or the contractor. The question of whether a change order will result in a credit or payment to the contractor is a matter of interpretation of the plans and specifications. The field engineer should exercise great care to avoid casual comment or agree- meat With purported change items,and should research a change/requirement to the plans and specifications to determine that it is not included in the con- traatuRl scope—either partially or completely. t Change orders are initiated through various methods. An RFI (request for infOrrAstion) usually precedes a change order, or a bulletin can be issued i requesting a Price from the contractor for proposed revisions. Sketches often acooupany this bulletin. Direction can also be given verbally to make changes in the field. In addition, revised drawings can be issued. SPeclfkatlon tw CONNIggg 7U basis (i.e., authority and process) for making changes to the contract is usually in the general conditions portion of the specifications. Many large organisations have standard general conditions clauses. These are developed September, 1999 San Bernadine Street Scape (4649) Sunday Monday Tuesday Wednesday Thursday Fir 1day Saturday 1 3 4 T&B 1)12" Asp (7.5hr) 2) Aban Gas Lines (0.5hr) 3)Truck Haul (1.5hr) 5 6 7 $ 9 10 11 T&.B Ont) T&S (int) OTrench to Holiday 1)Subsurf~ace 24" 0.5hr) Sick Sick Cone (7hr) 2)Subsurf'ace Cone (7hr) 12 13 T&g 14 T48 (int) 15 16 17 18 012"Asp 1)Subsurface T&B T&g City Says (7hr) Cone (7hr) 1)12" 6h d asp 1)Subsurf�ce pay Off Soil Testing 2) 24"Depth 2) Mole S/D 2) pG0 discus cone (5hr) 17 pens Fail 1)C1es & (1.5hr) (.Shr) 2)Asp (2.5hr) & test- (2hr) D13 3) t 3) Trencher 3)Addendum (O.Shr) 3)PCO discus 2) City Day 57 t . Broke (.5hr) discuss 3)Truck Haul in (.5hr) Off 4)Haul (1.5hr) C.Shr) (1.5hr) (Bhr) 10 20 21 22A 23 24 25 Soil Testing sn Pave i) Report Asp Pave Asp Pave 0 Redig &. Enna Phone Graphing on Testfill 1)Reconpar 1)Redig & Recoirpact Call Schedules C4hr) & Redig C4hr) Reconpact C4hr) 1)Q&A (.5hr) PCO Report 1) Intersect 2)Final lab 2)Place Asp (4hr) 2) Place Asp 2)PCO 1) Writting (4hr) test data (4hr) 2) Pave (4hr) report prep (8hr) 2) Straight (2hr) (4hr) 3)City sends (7.5hr) Shots (4hr) Stop Notice 26 27 2$ q 30 i�.y Meetings 1) City Form Develop City Meeting T&H Invoices request T&M 1)Negotiation 1) Negotiation (0.5hr) 1) Rental Proceedings Meeting Everyone Data Calls (2hr) (2hr) pone in a & Research hurry ?? 0.5hr) (no direct) Disruptions/ D- s� 1; Ohluc t'r Uu JH b33NlON3is)(�' yju Ali ..� o M 31 tend October, 1 Sari Bernadino Street Scape (4649) Sunday Monday Tuesday Wednesday Thursday Friday SaturdEy 1 2 1 l 3 4 -�sp Cutting 6 7Stop Work �Letter to 9 OWtr Dept 1)No inspect City Main Tap Clean Up 2)ContaeL 1920th meet discuss 0I1-1OP owner Lawyer 2) No inspect (1/2hr) mad at debry 3)Steve Enna 3)Enna no 2) UTI warn (B.Shr) letter tieing return calls at Lugo were not at 4)Enna lie (1/2hr) work (2.Ohr) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Meeting with City$Lawyer 00ur Lawyer had to arrange this meeting. (2.5hr) 24 25 2 27 28 29 30 Casey Letter Hudson Fax to 1)Material Letter Casey Sierra Meet Invoice Fax 1) Michael 1)Reply to 1)Me, Larry 2)Please City Grubbs Contract Sr & Jr reply Letter Time met with & S/G -24" Statement Henry request. condition. sent 10-26 Inspector C2.Ohr) (fhr) to us (thr) 0hr) 31 Disrupfions/D'rr33/S� �� `�- 3NI2 33N19N OM 011811d December, 1999 San Bernadino Street Scape (4649) Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 3 T & B 4 T B 1) 18" 1) Bobcat T b E3 ono C 2 ) f) 19-21" Asp/ 2) Lawyer & (Saved 5hrs)2) 19" Asp/ Gone (7hrs) Archives Conc (2.5hrs Discussion 3) wind (1/2hr) (1/2hr) T & B � $ � 10r 11 & B Unt) 1) S manhole T & B T & B T & B 1) Asp/Conc (5.5hr) 1) Hrd Asp 1) 8-asp/ 1) No C1hr) 2) S/G (2hrs) 6-cone (fhr) direction 2) Abandon collapse 2) Native 2) City shut (2hrs) Steel/Conc (1.5hr) soil loss haul us down 2) 15" Asp Structure 3) Hard Asp Cfhr) (4hrs) (4hrs) (4hrs) (1/2hr) 3)S/D Ohr) 12 14 14r 15 16 17 1$ & B Cint) &. B tint) T&B Asp Pave 1) Rob burn 1) T&B Unmarked 1)15" Hard 1)Hard Asp 1}Gold Patch 2) Asp/Cone/ 24" Live Asp (bobcat (4hrs} discuss dirt/conc Water line breaker use) (1/2hr) (3hrs) (1.5hr) (6.0hr) McLiotiation 2)Lo1L owner 3)Valve 2) Train 2)Sch80 nips discussion mad so go to discusion Tracks (1.0) my fault inspector clean up (1/2hr) 3)S/D (fhr) (1.5hr) (1/2hr) (7.5hr) 10 20 21 22 23 24 25 20 27 2 20 3 31 Disruptions/ UU ur�iUb �� �N1a33N1gN3%S j1V�M�IiBlld DAILY EQUIPMENT FORM SHEET OF TIME & MATERIAL WORK Date: Project: San Bernadino Streetscape (Highland E to Waterman) (Job No. 4649) Change Order: Trench & Backfill Contractor: Colarossi Construction QUIPMENT MODEL # OPERATOR COST HOURS (HOURLY RATE y N 36"Delineators $0.25 ea/hr 28"Traffic Cones $0.25 ea/hr Lighted Arrow Board DICO $10.60 Tyne I Barricades and/or Traffic Si s& Stands $0.38 ea/hr Dumn Truck Int 6-7-d $25.00 Backhoe JD 410 $38.01 Water Truck 2k tank Int S1900 $30.00 Wacker Com ctor BS62Y $9.00 Wacker Compactor BS52Y $9.00 Skidsteer Tractor w/bucket 751 Bobcat $19.00 Bobcat Sweeper Attachment Bobcat w/buck $12.50 Bobcat Breaker Attachment UB 500T-- $23.00 Air Compressor Sul Air $14.00 Hand r er Sul Air $4.50 60#Hand Breaker Sul Air $4.50 Air Hoses V $1.00 Moil& Chisel Points $0.75 Powder Puff Rammer WARD 19575 $3.40 Mole Auger Vermeer $20.00 Mole Hoses Vermeer 3/4" $0.90 Concrete Hand Saw $6.00 16" Concrete Blade $20.00 20 Asphalt/Concrete Saw MK-20 Series $15.00 6" Green Blade $15.00 20"Asp Blade $31.50 4R Ditch Witch Trencher Ditch Witch $28.50 Hand Shovels Brooms.Hand Auger $0.40 ea/hr Company n Vehicle 98/Ford/Ranger $9.00 Com nv Vehicle 97/Ford/F150 $10.00 Compani,Vehicle 4x4 89/Ford/Ranger $7.50 Compan Vehicle White 99/Ford/F150 $11.00 Tilt Trailer Lil Tex 1400# $5.00 Tilt Trailer AZ CAL 50004 $5.00 3 Ton Smooth Drum Roller CB-224B 1 $17.00 ***RENTAL RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE*** Submitted by: E Approved by: , Anthony Colarossi �.I, WV ON10d,rNo,, N j dQ A113 JN1833NI0N3/S"0M OIlBQd �. r 1 02/10/1994 02:39 8016349409 COLAROSSI CONST PAGE 01 COL.AROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 tat. Lic.# 273713 76,00 Rec1w Canyon Rd - w V Colton, Ca. 92324 JAN 1,1 2000 one # (909) 783-1823 Fax# (909) 783-9171 CITY OF SAN BERNARDINO ^ DEVELOPMENT SERVICES �- lam/- ao p p DEPARTMENT S � Z0 t3 g8N5 To: /?A I A,ou A, C ASS ?e7r (DO?- -+t,-I d-p�oO C JAU %JA J-,j j ! - Q0 0 0 //,W �e A r4 1AJ SGAQ �o � 00 -14A-46- P 4 A-A-+ rn w� � ht W ', P A or .se 0 9 i� AI AO a hoW /MOch w +0 + s Al A + ie A) 64 V '-�r ¢ c) e, oo 4- a4 Number o9 ages Including This One: -ham e.L q SAS 8,erA)Arc1jIibe3 ' -:5 1d 8rcAc/P © COA) 4rAc.,+ AqA -,), r r v ss; -\-j'v)1C- Co JA f, . V 02/10/1994 03:22 8016349409 COLAROSSI CONST PAGE 01 COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Lic.# 273713 7600 Roche Canyon Rd. Colton, Ca. 92324 Phone # (909) 783-1823 Fax # (949) 783_9171 To: M le Cl4 J11ZAJ D GSA S Ple,A Se WQ� PffA `1'0�' Al a 10046- A A + c,u A x o 4o 1,4 6, 68s X 111 r6(J '6W � �E �,,� A hA06 A resp oN.r& _ L06 Ajn+�j U 6 A 6 AOS6 Uj ffA � �49 ,0 f CO�U 0-1U R s /A 6AoA f 4rfk c-+ Nwnber of Pages Including This One: V 02/10/1994 03:22 8016349409 CO AFMSSI CONST PAGE 02 c &m Lao 76"1Adw C*" Road Tone(909)783-1823 COWS,CA 42324 Fax(909) 783-9171 RFI No. Date: To: Requested By ,�• .n/w r4SS/ Jlp e Cary PbOft(90)384-5357 FXX(909)384-5080 Plan No. 9845 Special Provisions No. 9843 REQUEST FOR INFORMATION MAXIM 4t- not giv=m contract doc unmta Conflict in Contract Requirments lion of 00r&wt rocryiranegts Change in sequence/procedure REP DRAWNGS. REF SPECS: kT 5 Al � D - o RESPONSE ji"pv 6r- 2Zy `317 Amwsm&ft Date: u I wV E ! Syr ONIUd NO j� ra . , jv A ilO )NIM33N19N3/S)1MOM Onond 02/10/1994 03:22 8016349409 COLAROSSI CONST PAGE 03 i s r IDD LY EQUIPMENT FORM SHEET OF & MATERIAL WORK Date: I - Q- 1000 Project: San Bernadino Streetscatpe(Highland E to Waterman) (Job No.4649) Change Order: Trench & BackfiH Contractor: Coiarossi Construction EQUIPMENT MODEL # OPERATOR COST HOURS ( URLY RATE) 34"Rdbago .25 aft $0.25 ca/hr Wftd AM Bcwd P= 10 60 0.38 oft Dumb 10" 10 $25.00 80 Mft'tuck 2k tank int S1900 $30.00 900 vhxkei B852Y $9.00 9.00 Bobcat Sweeper Auaidmew Bobcat w/bock $12.50 Air Canpmum SW Aii S14.00 90OHmind $4.50 60N Hand Biq�dacr Sal Air $4.50 Air liomea l" $1.00 75 kaftfUMMMU --WAW 19575 $3,49 110M Wmepr 3/4" $0,90 w $6.00 16"Coacrdo Blsde 20.00 20" W-210 0 Series $15.00 6"Omm Me& 15.00 19- 1.50 Oft PM Vlftich Trencher Ditch Wi>kb $28.50 !G—w&M SO.40 ewhr 59.00 Q�� thick 130 $10.00 4 89 0 7,50 99/F 130 $11.00 Tkx 1400M $5.00 3 Ton SBMXAb Diem Roller CB-224H 1 $17.00 ** *RENTAL RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE Submitted by, /6/ —V Vf, Apinnvea by. Anthony Colaroasi 0 Z :L WV E I Naf' uu nNN�3N jN-apS*8K )M OI18nd 02/09/1994 15:20 8016349409 COLAROSSI CONST f PAGE 01 Colarossi Construction Lic#742283 7600 Reche Canyon Road Colton,CA 92324 Phone (909)783-1823 Fax(909) 783-9171 Facsimile Transmission Date: January 12, 2000 To: Mr Raymond Casey or Mr Michael Grubbs City of San Betnadino Development Services Department 300 North D Street Phone(909)384-5357 San Bemadino,CA 92418-0001 Fax(909) 384-5080 )'row: Anthony Colarossi Subject: Notice of Default Reply Total number of pages(including this cover shee : 15 00 Ar, �1 t 02/10/1994 03:22 8016349409 E>( 14 1 c3 / COLAROSSI CONST �� D x EQUIPMENT FORM A �� � SHEET oF' MATERIAL WORK Date' �rojectc Sawn Ba�aedino S"*e pt(Ifigibtnd E to Waterman) (Job No.4649) / Chants Order: Trench & %am Contractor* COIRMgi COJUStMetion QUIPMENT MODEL # OPERATOR COST - - RATE PER ( URLY RATS) CnY/CAL.ZRANS 36" r •25 t8lhz O. 171 c a .D A UadmiaAmyor Tram, ,-i. $0.25 ra/hr o • 1e3 64I-A Ay 1060 Z.- .38 •87 E� �•t 500 Zo.77 Truck 2k tzak hA S1900 so 6 . 2-2. S30.00 I3• 63 BS52Y 900 /• �`6 S9.00 /. �B Bobcat Swoeper VvAxwk 9.00 - 91 S12.50 S"_eo � 14.00 60M HMO SW Air Air-Hoses C.SO SI.00 SO fr /vc-t4�e .75 How 3/4 3 50.90 160 COOCSCje EIS $6.00 cos—s LESS TH 4J �roJ �M M 77-- _ 0 0.00 ,y N V 0 1 Gc 6� B"& $15.00 2 -7ct IS.00 Rrn�Trencher Ditch W4cb 1.50 - $28.50 98JF 50.40 ea/hr C snALt Tcocs 59.00 -7. 6 9 4 8 I30 SI0.00 7. 6 I50 .50 9'9/F 6 I 11.00 • 6 S5.Oo o .S8 3 Ton S D Ral)jcr C»-2248 O. 6 L 517,00 ! . S2 *#*RENTAL, RATES ARE SUBJECT TO CHANGE 'W OI1T NOTICE*** Submitted by: Anthoay Colarossi APPtoved by 0 Z :L WV £ I NVf uu ONIUhVrid3dNV510 A113 0118nd . i f SECTION 8 MEASUREMENT AND PAYMENT (1) The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance. (2) The State will pay the costs of loading and unloading the equipment. (3) The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by establish haulers. (4) The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day that the equipment is at the site of the extra work, ex. cluding Saturdays,Sundays, and legal holidays unless the equipment is used to perform the extra work on those days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of the equipment. The rental time to be paid per day win be in accordance with the following: Hours Equipment is in Operntion Hours to be Pam ' 00................................ .................................... 4 1.5 ..................................................................... 4.25 �. 1......................................................................... 4.5 .5 ............................................................. 4.75 ................................................. 5 3 2.5 ..................................................................... 5.25 ........................................................................ 5.5 :. 3.5 ............................... 5.75 r 4 4.5 ..................................................................... 6 ...................................... 6.25 { 5 ........................................................... 5.5 ..................................................................... 6.75 6.5 ....................................... 7.25 .............................. 7.5 ..............................._. 7 7. 5 Over 8.................................._..................... 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 the number of hours the equipment is inoperative due to breakdowns. z When hourly rates are listed, less than 30 minutes of eration shall be considered to be 0.5-hour of operation. og When daily rates are listed, payment for 0.5-day will bey• 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 equipmen • (9-8) + • G� cz Y D ci K= r< m p H = r Oc - Z = � P v I j 0 0 • ec f J _ C Z h Z V o O < > U p 4 J F CO OG `� Y o Oe �,J _ ■ W -Z� Ce, z o V = x W i • J 60 "1 rf M V C tf Z h = IK in bi N � 1 � aoao O z Z J V O<c o v�Q W `o < ~ W Q a_ H ! d 1 z w o C> Cl- h h Z w r■ r 1) < o o W Y V Ir lei! e2 • - f. � > _ ! SECTION 9 MEASUREMENT . as provided herein,will be added the AND F'A rental and labor as provided in Section ag L03for Wo equ formed by Contractor." A, "Wo- - 9-1.03A(3d) Dump Truck Rental.--D shall conform to the provisions of Sections 9-1-03A(3) ,. -- � went Rental," amp truck meat 3b 9-1.03A(3a), Equipment on he Work", Work, ( ), "Equipment not on the Work,"except as follows tru Fully maintained and operated rental dump in the performance of extra work Paid for on a rce k� basis will be paid for at the same hourly rate paid I Contractor for use of fully maintained and operated - dump trucks in performing contract item work. In the absence of contract item work reqquirin rental, the Engineer will establish an hour g dump paid. The Contractor shall provide the Engineer rental rate plete information on the hourly rental rates availab; rental offal] rates av with The provisions in maintained on 9 1e03Adl), 'L trucks. apply to operators of rented dump trucks.' "Labor," steal, The rental rates listed for dump trucks in the Departr of Transportation publication entitled Labor Surcharge Equipment Rental Rates shall not a ply rge To the total of the rental costs f operated dam or fully maintained markup p trucks, including labor, there will be add Will be added by reason of peso lei°nal markup of 5 perr contractor. No separate markup will be made for labor. Yap The provisions of Section 9-1.03A 3c Equipment,"shall not apply to dump )e "Owner-Opera ` 9-1.03B Work Performed by S P truck rentals. coal Services--When the Engineer Pecial Forces ct Other S ment, determine that a special service or an the Contractor, b a gr be performed by the forces of the Contractor or poste of any o Contractor's subcontractors, that service or extra performed b ` y a specialist. Invoices for the service orkitem f may work on the basis of the current market price thereof may without complete itemization of labor, material, and equipment costs when it is impracticable and not in accordance with h cept lished practice of the special service Indust rent itemization. P esle In those instances wherein a Contractor is required to a Corm e tra work necessitating a fabrication or machining, Lion or machine shop facility pe1f0� ey that portion n the y away from the jobsitecthel charges f( extra work performed in the facility may, b agreement, be accepted as a specialist billing. To the specialist invoice price, less a credit to the State for an cash or trade discount offered or available, whether or not the count may have been taken, will a added 15 percentages provided in Section 9-1.03A, percent in lieu ofthE Con- tractor." a , "Work Performed b 9.1.030 Y Con Records.—The Contractor shall maintain records it (9-10) - _ - UREMENT AND PAYMENT 1!91 SECTION 9 such a manner as to provide a clear distinction between the direct -: costs of extra work paid for on a force account basis and the costs of other operations. From the above records, the Contractor shall furnish the En ' eer completed daily extra work reports, either on forms furnishedy Department or on computerized facsimiles of the Department's forms 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, ork 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 hourly rate of pay 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 subseqguent daily extra work reports. Should the vendor's invoices not be submit- ted 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 less any discounts as provided in Section 9-1.03A(2a). Daily extra work reports shall be signed by the Contractor or the Contractor's authorized representative. The Engineer will compare the Engineer's records with the com- pleted daily extra work reports furnished by the Contractor and make reany necessary adjustments. When these daily extra work reports are ed s of pn and signed by both parties, the reports shall become the payment for the work performed, but shall not preclude sub- sequent adjustment based on a later audit by the Department. The Contractor's cost records pertaining to work paid for on a force account basis shall be open to inspection or audit b y r epresentatives of the Department, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the s Contractor shall retain those records for that period. Where ayment for materials or labor is based on the cost thereof to forces the Contractor, the Contractor shall make every reasonable effort to 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 be given a reasonable notice of the time _when the audit is to begin. 9-1.03D Payment.— Payment as provided in Sections 9-1.03A, "Work Performed by Contractor," and 9-1.03B "Work Performed by ,Special Forces or Other Special Services," shall constitute full com- pensation to the Contractor for performance of work paid force account basis and no additional compensation willl be for llowed therefor. The payment will be made in accordance with the provisions _ 9 1 i(1 _.. -.rw�g - - aoE30E3E Tom'... r4SM I SS I O1-1 12Epc- '.T JAN-12-00 17:41 I13:9093845155 CSB PUBLIC WORKS DIVISION J CIO S I "mE3EFz e;9E3 I I�IPORMAT I C) CODE OK TELEPHONE NUMBER 97839171 NAME(ID NUMBER) 8016349409 START TIME JAN-12-00 17: 37 PAGES TRANSMITTED 003 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 03 '54 THIS TRANSMISSION IS COMPLETED_ LAST SUCCESSFUL PAGE 003 CITY OF SAN BERNARDINO ' 300 North "D" SYreer, San Bernardino, California 92418 Phone: (909) 384-SIII Fax (909) 3S4-5ISS FAX TRANSMITTAL SlIEET To: Liq � C �"��l � 32 • DA'rE: V/ FAX: �O41 -715i 3 f 1 - PAGES: �� FROM: �IKE G��i()�yg� SL7TS_7ECT: ��,p�,��'S �rI�"�•4-T� �T'" '� RI✓MARKS 'Your message litre___ 02/09/1994 15:16 8016349409 COLAROSSI CONST PAGE 01 J Colarossi Construction Lic#742283 7600 Reche Canyon Road Colton, CA 92324 Phone(909)783-1823 Fax(909)783-9171 v C"Y Of DFvTLOpM SAN Facsimile Transmission DEPARTMF�VICE8 Date: January 12, 2000 To: City of San Bemdino Development Services Department 300 North D ShW Phone(909)384-5357 San Beni"no, CA 92418-0001 Fax(909) 384-5080 From: Anthony Colarossi Subject. Dispute Letter No.2 and Grubbs failed response, 'Iotal number of pages(including this cover shat): S 02/09/1994 15:16 8016349409 COLAROSSI CONST PAGE 02 Colarossi Construction I.,ic N 742283 7600 Reche Canyon Road JAN Colton, CA 92324 AN Phone(909) 783-1823 CITY OF SAN 13ERNARDINO DEVELOPMENT SERVICES Fax(909) 783-9171 DEPARTMENT Date: Jttnwry 11, 2000 w_ Dlspwe Letter: No. 1 To: Mr, Raymond Casey Development Services Department Public Works Division Phone(909) 384-5357 Fax(909)3845080 From: Anthony Colarossi Subject Disputes: 1) Time and Material Start Date on the San Bernadino Street Scape (SBSS)Project 2) Lost Time Cost Response Dear Mr Cawy Thank you for accepting my phone call yesterday and being so direct. This letter was written to identify Colarossi Construction's(CC) disappointment with the cities decision regarding T&M start date. Thus, CC will also claim for delays from Sept 03 to Sept 20. Also, CC is asking for a response from a letter sent to us from Mr Grubbs. He acknowledges that the City will provide a response on October 29th regarding "lost time cost". it is January 11, 2000, and CC is still waiting for this re- sponse. 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 Verbal Change Order rep ding Vdlvcs moved into Sidewalk 2 Henry WuCwn vexW(addendum to plamVchange order)regarding 24"depth Subsurface Storm Drains 3 Notice of Change Order requested(3"to 10"AqA alt)verbally given to Henry Wingson,who CC undetstandii to be a City Inspector and to have supervisor authority as noted in the above verbal chango a*rs that Henry initiated. (09103/99) 4 Woo taken Sept 03 identified late bows and changed eondition/chauge order 3 Tretxhr being*Iaycd by boddm demolition(Sept 03). 6 Dump UV&trip tarice instead of once(Sept 03) 7 3"of White Concrete discovcrod at s.w.corner of D skeet intcrsoction. 02/09/1994 15:16 8016349409 COLAROSSI CONST PAGE 03 8 Henry Wingson verbal dMge order regsirding 24"trench depth(Sept 08) 9 Daily Details report notes that Anthony can not even find time to purchase battery for video tape raWrdcr,which battery is not talung a good charge- 10 Asked Larry Jr for Ad&mdnm/s to the Plans. Larry said They didn't have any. 11 Treadror unsafe operating conditions. 12 Steve Enna,who insisted the plans are very good and rmpecwrs verbal changes are proper(which ooh each other g9ar>_s and vedi s)),finally shows up to the site. 13 City not Responding and in a timely manner to Larry's Messages for problems occurring on tivs job. 14 Unsafe work conditions due to trencher breakdown. Need Bobcat. Quality of work declining. 13 Just like CC asking Henry for work on paying us.Henry not saying anythm8 about a change order. 16 City engineer not showing up to job site even though,inspectors and all CC partners brow about and tared future problems. (09/15199) 17 Review of CM cores indicates 3 to 4"of asphalt away from centerline. Informed inspector(naive not identified)but inspector didn't say anything useful. 18 "Job is taking a toll on we and ray brothers."(09/15/99) 19 7 to 8'of high strength concrete at Pershing Intersection 20 Inspector notified again that we are having problems. Inspectors response is mostly a smile and a comment about something irrelevant.This sounds lute the new inspector,Bob Butler. 21 After Pershing Ave,Backhoe asphalt demo 8r native excavate rate about 50"hr= 17ft/hr. (09/16/ 99)-No drastic change in asphalt thickness noted nor concrete noted. (Possible,asphalt/?'?strength charge) 22 Larry Jr said that Steve Enna informed him not to work tomorrow(09-17-99)Tony obtains into on Steve Enna from Larry Jr and Bob Butler. Steve doesn't have authority to tell us to take a day off: At about this time,I had a phone conversation with Steve Enna and Steve says he didn't say to take a day off. Who ever was sitting with Steve made a laughing sound when Steve said that he doesn't read all his ovectoes reports.especially the days that Tony was referring about. 23 Bob Hitler(City Inspector)hands harry Jr estimate of Rock Saw,which was prepared by Mr Steve Enna.Estimate was given on 09121199_Larry Jr spoke with Mr Enna several days prior to this eetimtits. 24 Larry Jr is not responding to the estimate very well.In fact,Anthony is having a difficult time speaking with Larry Jr at this time. At the end of the day,I noted that Larry Jr definitely needs time away from dealing with this job and the main cause.Steve Enna. (09121199) 25 Larry Sr negotiating with Steve Enna and Bob Butler.Larry Jr is not around (09/22/99) 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 Hemy stated he would take care of this. When inspector started saying nothing about progress and Steve Enna not making progress with negotiations with Larry Jr and ultimately Larry Sr(regarding change orders), CC began demanding action taken- As you can we Ray, it was the City who began,the confusion and, when Steve Enna started arriving on site, shifted to a higher confusion gear until the City finally agreed to schedule a meeting with CC. If this was insisted at the beginning of the job(or at least a City Engineer shows up to the job site during initial construction), all this confusion and delay up to the 29th of September could have been avoided. Thus, CC is extremely disappointed with the Cities decision that T&M started on Sept 20 when it is 02/09/1994 15:16 8016349409 COLAROSSI CONST PAGE 04 obvious that delays and confusion was initiated and progressed by the City representatives. Let it be known that Colarossi Construction disputes the Cities decision on T&M start date of Sept 20. 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'I Mme and Materials on September 20, 1999. Mr Grubbs Fans 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 seat 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: , Ant ny Colarossi 02/09/1994 15:16 8016349409 COLAROSSI CONST PAGE 05 C a T V O• 5n Bernardino ��yta�a�e��r e�a��.�• ���AR7r�R� t ■ • t S . W A Y S POW rm a � nest s • AMd Subod: WONMn of Sb et Trnea alortp!fthtand Avenue from 'E" Street to Waterman Avenue Th t V0 ftr Hint" wKh us on Oc•'lober 19. IM, to resolve problems that have occurred to Gkod projlK:t. We thel that progr has been made toward resolving our M1Q tewsVion of work and compensation for delay incurred due to changed �r it t yOfIX CORIpetly wAl rswme work on Monday, November 1, 1999, and Complete wdllic tlN' by teoar+lber 1, 1>�p, so tl»t our psysment rehabilitation project can proceed in Ville sJ epNd>;o locus your eAbcts on the area between 'E' Street and Sierra Way the dbrt p+bjrc"t. YMa MM FAX RkdwW re"df>a loot time cost". We will review the material and M - 1o�wi�r l�I�IMer 3S, f�. br m iek detivwW to the aft, we have not received ary invoices from you for tt"JEW tlAish you 1fiftetrd have been dettvered- As a rewA of the delay in receiving this t� be unebia to wj#Krbw payment by Thursday October 28' as agreed in the rnaeM* • M hew been sdvlesd by our CD13G specialist that certified payrolls *0 be fMiMMi V4*r 0l�re of efry praprw peymerta. If you hM ily aMftft rrpatdh tl*matter, please cwftd the undersigned at(909)384-5,179 C� t�eekr d DenribprrMn!+Jarvioes � 1 R H w R O i M O. C A L I F e • C C 1�rarat ���•�fr11 raa> s�4'8660 0 P01111, 14 VV • ax • F4: ! 854 . • . sis TI2, riSM I SS I OI'i RE1=3,C:7 /T 3oE9-E3-E JAN-10-00 11 : 16 ID:9093845155 CSB PUBLIC WORKS DIVISION -JOB I1iLlMSEl2 E�B4 I IiiF CIO I2MAT I OICI CC3 EDE OK TELEPHONE NUMBER 99819385 NAME( ID NUMBER) 9099619385 START TIME JAN-10-00 11 : 15 .._ PAGES TRANSMITTED 003 TRANSMISSION MODE EMMR RESOLUTION STD REDIALING TIMES " 00 SECURITY OFF y MAILBOX OFF MACHINE ENGAGED 00 .59 THIS TRANSMISSION IS COMPLETED_ LAST SUCCESSFUL PAGE 003 " CITY OF SAN SERNARDINO � .� � Development Services I)epartmerat sa x �' T•R Y 'WO1z1rcS DZVISi[�t�r 300 IVa"h °/D"Srreet, Son Bernardsno, California 924/$ 'ro z Phone: (909) 384-SIII Fox (9091 3$4-SIBS FAX TI2ANSMIZ°I'AY, SfIEET' DATE= 1'AG�S: FROM: M !KE Ca�Jg 6S c?-7-7 REMA77KS: Your message here--- C: 0 O O O� n N N CCCVVV C T O � �o O " ON � � 0 I a t� C O N N C'1 Cl! •-+ .--+ 'I� w ^ w n • E"' n' N z � s8 s s s m o Is. a . g. a� rn 1 CL V d C4 co « cn cn CL N N G 0 n z > �i nuJ -°- z .. s - :9 < p ° ° ° O z O N CD Z • rn � v Q `rs iJ E O �o w - z0 U a a za 0 w tJ U ad z z W w C; w 0 O U co � ; SW o `n r ' O Z ° o E N Q w►- ?E O 3 o rn n � w J N �. w WO 0ZZf- a � 9cn `VI m� ZQu �t00p ? Z i O o `0 � � � ° 0C-) 0Ow i to a e z Z z N wi < a E- o w 00 -- 000m f- I- )- cr 0 ►- ►- r, Q I cy w U D � z zz �e U a � w � O w Cf) a Q owl o � m ° co � j m o a Z a U 0 d w w a i� CO 3 cv c+ ILA oo a M: Q Y O F �^ �n bernardino -a D l a m.D E V E L O P M E N T N T S E R V I C E S D E P A R T M E N T M 1 C H A E L E H A Y S D 1 R E C T O 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. LyG7'�C� Michael W. Grubbs Senior Civil Engineer cc: Hudson & Browning Attn: Mr. Blake A. Hudson, Attorney Ray Casey, City Engineer Henry Wingson, Construction Inspector enc. — Progress Estimate No. 2 3 0 0 N O R T H ' D ' S T R E E T , S A N B E R N A R D I N 0, C A L I F . 9 2 4 1 8 . 0 0 0 1 (909) 384 - 5357 • FAX : 384 - 5080 / PUBLIC WORKS FAX : 384 -5155 I a NARp�N 0 SP ' s `yam C I T Y O F �= an Bernardino D E V E L O P M E NT S E R V I C E S D E P A R T M E N T M 1 C H A E L E H A Y S D 1 R E C T O R January 10, 2000 / File No. 7.37-5040 V Mr. Dwight Reilly Crosby Insurance Company P.O. Box 5017 Upland, CA 91785-5017 Subject: Colarossi Construction — Faithful Performance Bond No 5941977. Dear Mr. Reilly: Thank you for the FAX dated 1/5/2000 acknowledging receipt of our "Notice of Default' to the subject contractor regarding the Highland Avenue Street Tree Planting Project. As stated in our "Notice of Default" letter dated 1/3/2000, Colarossi Construction appears to have abandoned the project. Additionally we have been advised by M & M Boys, Inc. of Corona that Colarossi has directed them to return tree grates and irrigation supplies valued at approximately $44,000 and intended to be incorporated in the work. On December 28, 1999, City Staff attempted to deliver a joint check made out to Colarossi Construction and M & M Boys, Inc. in the amount of $38,978.72 which was intended to reimburse M & M Boys for the majority of the cost of the material. The check was refused by Colarossi Construction and the City is unable under our accounting regulations to pay M & M Boys, Inc. directly. M & M Boys has stated that, if they return the materials, they will incur a 25% restocking charge and freight costs for which they cannot be reimbursed. However, they cannot continue to hold the materials without compensation. We recommend that your company consider paying M & M Boys, Inc. to continue holding the materials. They have indicated they will store the materials as long as we wish if they can just get paid for the materials. You can contact Mike Pearlman of M & M Boys at (909) 371-1296. There are other serious concerns regarding this Default which need to be discussed. City Staff is available and willing to meet with you or your representatives at any time. We will be mailing copies of this letter to Gene Sawyer and Blake Hudson; however, Would you please FAX a copy to each of them so they will have immediate access to this information. 3 0 0 N C R T H D - S T R E E T . S A N 6 E R N A R D I N 0 , C A L I F 9 2 4 1 8 - 0 0 0 1 (9 0 9) 3 8 4 - 5 3 5 7 • F A X : 3 8 4- 5 0 6 0 / P U B L I C W O R KS FAX : 384 -5155 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 �r City of San Bernardino k/I icy S b,l _ — Rapid Memo To: '��//L �� �l/��/Gs�r/L✓ From: Ext. 5111 Public Works/Engineering Dept. Subject: � �.� 5��� r �d�— /�i¢�cv,�.�c Date. l— 6 Message: �/ � �� •�U i %� _� i0 — SGT c� i�i�'T Ti�/C Cu it/,�Ti9�TO.c w' �o��oi.0 r Signed: Date: Response: Signed: C OF SAN El No Reply Necessary El Reply Requested ENGR-1.05 (2-90) EN PFMTING SEWIICES n 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 03(�[Efly � Senior Civil Engineer Dl City of San Bernardino AN 1 it 210C 300 North °D" Street San Bernardino, CA 92418-0001 C17y Re: Principal :Colarossi Construction Bond Number :5941977 Project :Streetscaping on Highland Ave. from "E"Street to Westminster Ave. Subject :Cure Notice Dear Mr. Grubbs, This acknowledges receipt of your January 3, 2000 letter, which we received on 2000. 1 am the Surety Claims representative responsible for this file. Please address all future correspondence intended for the Surety to my attention. The letter appears to be a cure notice to Colarossi Construction. We have been advised by the counsel for Colarossi, Blake Hudson, that he is attempting to coordinate a meeting between the parties in an attempt to resolve the parties' differences. As your letter appears to be a cure notice, it does not appear that the City is intending to make a performance claim at this time. Please let us know if there is any else that you need from the Surety at this time. No statement in this correspondence is intended as an admission of liability and this correspondence and all prior or subsequent communication is made with a full reservation of all rights and defenses that Safeco Insurance Company and its Principal have, or may have, under law, equity, and the terms and provisions of the bond and any pertinent contract documents. FIRST NATIONAL INSURANCE COMPANY OF AMERICA z,z,z,,V//,//;&/ f-17 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 01/05/00 WED 10:34 FAX 909 981 9385 CROSBY INSURANCE INC (A 001 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: ��S 'Y3 s 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 WE"STMINISTER AVENUE. We are in receipt of your certified letter dated 1-3-00. By carbon copy your 1-3-00 letter has been forwarded to the following individuals: Gene Sawyer, Surety Claims C/O First National Insurance Company of America P.O. Box 34670 Seattle, WA 98124-1670 Blake A. Hudson C/O Hudson & Browning 18952 MacArthur, Suite 430 Irvine, CA 92612 Both Gene and Blake are aware of the ongoing situation in San Bernardino and you may expect to hear from either one or both of them shortly. If we may be of further assistance, please advise. cc: Gene Sawyer Blake Hudson JAN - 5 2000 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT t C i r r o a 1 an Bernardino- D E V E L O P M E N T S E R V I C E S D E P A R T M E N T M I C H A E- L E H A Y S D 1 R E C T O R -" CERTIFIED MAIL ....,..,.. January 3, 2006- File No. 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Attention: Mr. Larry Colarossi, Sr., President Subject: Highland Street Tree Planting Project per Plan No. 9845 - NOTICE OF DEFAULT Dear Mr. Colarossi: Our Construction Inspector, Henry Wingson, reported this morning, January 3, 2000, that you have moved all equipment off the subject job site and appear to have abandoned the project. Therefore, notice is hereby given that the City is declaring your company in default under Section 6-4 "Default by Contractor" of the Standard Specifications. This default is due to the fact that you have failed to "execute the work in a manner and at such 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. 1909) 84 p5357 • FAXS364ESE060 / PUBLIC WAORRKS FAXC3641-515524180001 Highland Street Tree Pr r. .t - Notice of Default 01/03/2000 It was agreed at the meetings that you would work toward a goal of completing 300 linear feet per day of trenching, backfilling and restoration of pavement with an initial goal of completing all work in the street between "E" Street and Sierra Way by December 1, 1999, to allow our pavement rehabilitation project to commence. Our records, as of December 15, 1999, indicate that your completion rate is only 67 linear feet per day average since November 1, 1999. It appears that your company was not allocating enough manpower so as to efficiently use the available equipment in a manner consistent with best construction management practice. This slow rate at which your company is progressing on the work is resulting in excessive costs to the City, causing unnecessary interference with access through the area, restricting access to adjacent properties and interfering with the orderly conduct of business along this very busy section of Highland Avenue. Your conduct of the work is clearly not in our best interest. It has caused and is continuing to cause significant damages to the City of San Bernardino. In addition, despite numerous discussions between Public Works Staff and Larry Colarossi, Sr. regarding the necessity to follow proper local, state and Federal procedures, we have yet to receive the documentation necessary to pay your company for work performed after September 20, 1999. We did receive the documentation required in order to pay you from August 27, 1999, through September 20, 1999. We attempted to deliver the checks covering work completed for that period and materials on hand but not incorporated in the work to Larry Colarossi, Sr. on December 28, 1999, however, Mr. Colarossi refused to accept the checks, indicating that he felt much more money is owed. This letter constitutes notice that the City is declaring your company in default under Section 6-4 of the Standard Specifications. Notice is hereby given that you are required to remedy the deficiencies in your performance indicated above within five (5) days of receipt of this notice. If these concerns are not remedied within five (5) days, or you fail to continue after starting to comply, then the City will exclude you from the premises and take possession of all materials and equipment. If you fail to comply, the City will turn to your Surety to complete the work. Any cost incurred by the City in the completion of the work will be charged against your company or your Surety. By copy of this letter (Certified Mail), we are providing notice to your Surety of the City's intent to declare Colarossi Construction in default on the subject project. We are asking that the Surety either require you to correct the deficiencies in your performance, or assume all responsibility for prompt and orderly completion of the work Highland Street Tree Pro( - Notice of Default 01/03/2000 Please note that your must respond to this letter within five days of receipt thereof. If you have any questions, please call me at (909) 384-5179. Very truly yours, - Michael W. Grubbs Senior Civil Engineer cc: Crosby Insurance, Inc Attu Mr. Dwight Reilly (Re: Performance Bond No. 5941977) Henry Empeno, Deputy City Attorney Blake Hudson, Attorney for Colarossi Construction Ray Casey, City Engineer Ialso wish to receive the I _ _ _.�• following services(for an extra fee): {`_I r SENDER: 0 " Y, this card o I et>eD box at rigW retlute � ,so that we can retum this [J Restricted Delivery • a.the d space does not permit i a LU •print Ya'r"a11e and address ar on the back' consult postmaster for fee. i w I to You. date derwered. Attach this form to the frond of the rr� • . petum t�eceiat vnn ,to whom the article was derrver� 4a.Article Number I z w 3,Article.p ddressed to , P 967 763 ' 625 { 'D i OQ 4b.Service TYPe _ o¢ Q, CERTIFIED l YO 9095-5U7 7.Date Of Deliveu AN U I i==l J (n Wei 8.Addressee's Address LU CL F -5.Received BY:(N twe) 1 6.Signature:(Add' h XDomestic Return Receipt PS FORM 3811,06cember 1994 ., , f rusfai service Receipt for F c J Certified Mail o � EI W cc J2 d I F � PS FORM 3800 RECEIPT FOR CERTIFIED MAIL o j POST SEWICE ��gv.4R p�yr 14= an Bernardino -An D E V E L O P M E N T T S E R V I C E S D E P A R T M E N T M I C H A E L E H A Y S D 1 R E 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 irf 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 W. Grubbs Senior Civil Engineer enc. — Checks I agree to the condition indicated above and acknowledge receipt of the checks described above. La" Gofi3m'ssi, Sp . STR E ET . SAN BE RNARD INO. CADate Received 000 , (9 0 9) 3 5 4 - 5 3 5 7 • F A X : 3 8 4 - S 0 8 0 / P U B L I C W O R K S F A X : 3 B 1 555 do - C I T Y O F FQI �n Bernardino DEVELOPMENT SERVICES DEPARTMENT-"- M 1 C H A E L E H A ah.Y S D I R E C T 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" Str Waterman Avenue — Status Report eet to Dear Sir: In response to your request for information regarding your Contract Audit Report, dated 12/3/99, please be advised that he contract has not been completed as of this date. Due to changed conditions encountered in the field,ea 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 ' D ' S T R E E T . S A N 8 E R N A R 0 1 N 0 . C A L I F 9 2 4 1 8 . 0 0 0 1 (9 0 9) 3 8 4 - 5 3 5 7 • F A X : 384 . 5080 / P U B L I C W O R K S FAX : 384 -5155 �F 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. DATE 12/03/ 1999 SERVICECENTER ORANGE COUNTY PART 1 — BOND INFORMATION CONTRACTOR j� �� '-_ ,-7 COLAROSSI CONSTRUCTION 7600 RECHE CANYON ROAD I COLTON CA 92324 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES OWNER DEPARTMENT CITY OF SAN BERNARDINO 300 NORTH "D" STREET SAN BERNARDINO CA 92418 BOND NUMBER Effective Date Contract 5941977 08/20/ 1999 Description CONTRACT: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE Contract Price FROM "E" STREET TO WATERMAN AVENUE BONDS: $158,433 Performance Payment $158,433 PART II —-AUDIT INFORMATION- + 1. IF CONTRACT COMPLETED PLEASE PROVIDE THE FOLLOWING INFORMATION: a. Approximate completion date and/or acceptance date b. Final contract price $ c. Sales tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ d. Total contract price 2. IF CONTRACT UNCOMPLETED PLEASE PROVIDE THE FOLLOWING INFORMATION: a. Probable completion date $ ATTA MED b. Approximate percentage or dollar amount of contract completed or delivered LEI 'ER 3. ARE THERE ANY CLAIMS,ASSIGNMENTS,STOP NOTICES,OR UENS ON FILE? . . . ❑ YES ® NO 4. REMARKS: Date 12/27/99 Signature Title SENIOR CIVIL ENGINEER (MICHAEL GRUBBS) 45- 1 S-3273/EP 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 HUDSON & BROWNING ATTORNEYS AT LAW 18952 MAC ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92612 TELEPHONE(949)622-2150 FACSIMILE(949) 852-9778 BLAKE A.HUDSON BLAKE @BHUDSONLAW.COM PARTNER December 17, 1999 Writers Direct Dial:(949)852-9772 y, Mr. Michael Grubbs i r ' Development Services Department �tc5 1 J1 City of San Bernardino rti° 300 North D Street San Bernardino, CA 92418-0001 Re: Colarossi Construction Our File No.: 555-1012 Dear Mr. Grubbs: I was troubled at your representation that the City has changed its position. As you know, the City of San Bernardino has acknowledged on several conditions that a "changed condition" as prescribed in the standard specifications for Colarossi Construction has existed on the site with respect to the trenching and back-filling specification in the contract. The City has agreed to delete trenching and back filling as a lump sum cost and to pay policy construction on a time and materials basis for this item of work effected change condition. The City also agreed that the contractor was due additional time to complete this item of work and delayed cost associated with the changed condition. On the phone you seem to strongly imply that on behalf of the City, that the City was reneging on the agreement in our recent meeting and memorialized in the various communications and correspondence since then. You seem to attempt to retreat behind certain provisions of the Green Book and claim that the city engineer, deputy city attorney and other city officials present could actively misrepresent the City's position, and enter into false agreements then hide behind certain contracts specifications which you did not clearly identify. As your city attorney knows, when a public agency orders a contractor to proceed with work arising out of a changed condition not included in the contract price, the contractor has the choice of stopping work, rescinding the contract and suing for the reasonable value of the work performed, or proceeding under protest and later filing a ' Mr. Michael Grubbs December 17, 1999 Page 2 suit for damages for breach of contract. This area of the law is clear and given the experience of the city representatives present at the meeting, I found your claim, which you thought that the contractor must proceed with the work as its sole option is untenable. When Colarossi Construction discovered the changed condition, (with conditions that were obviously known to the City due to other city projects in the adjacent area), as well as discovered that the plans of this project did represent the actual site conditions, Colarossi could have terminated this contract. Instead, the City of San Bernardino and Colarossi reached an agreement, which you know seem to seek to repudiate. Heretofore, the only issue which the City stated that was in dispute was the amount of the delayed amount that is due to Colarossi Construction from the City do to the change condition, the actions of Mr. Enna and other city representatives. Colarossi Construction agreed to proceed with the work under with respect to those amounts. Now, you seem to imply that the area of disagreement is broader, and even includes concept of whether Colarossi Construction encountered a "changed condition" (as conceited by the City in more than one correspondence and at the meeting) or is merely performing "extra work." As you know, it is the former. Colarossi Construction has every intention of pursuing all monies fairly owed to it for the performance of work in light of this changed condition and on this project in general. By copy of this correspondence to Mr. Casey, I again respectively ask that you become personally involved in this matter since your subordinates seem to be repudiating the agreement of the City reached at our meeting. Very lidson urs, H D ROWNING Blake BH:bg cc: Larry Colarossi, Jr. Raymond A. Casey Colazossucn,bbsitr 1994 03:28 8016349409 COLAROSSI CONST PAGE ®1 i COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic* 742283 Ut. Lic.# 273713 7600 Roche Canyon Rd. Colton, Ca. 92324 Phone # (909) 783-1823 Fax# (909) 783-9171 AeM 4-�fl D AAJ �� Aqrt5&- I) 4(::� pA Plus- Numbff of Pages Including This One � fallrrrr�rr . i I r I I • i� tr i r � 1 • * r�r 1 . . . rr�rrrrr �rrrrr . . 11r�r18B - ��r� EL ' i Ir :•� �Ilrr��r' _ r i h r . . �= ��rr1E • • _ rrrrrll Q _ _ _ r� I • v • i I � - + • � I . 1 1 a • I + ,, . • qp � i • w � •1 n _ I 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, 1 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 1:00p.m., Mr. Willie Damper and I went over the payroll and corrected all discrepancies except for the check numbers. Mr. Damper explained to me that Mr. Larry Colarrossi had the numbers in his possession and he would get back to me with the numbers. That same afternoon Mr. Damper called me and gave me the check numbers. Mr. Damper said that Mr. Colarrossi pays his employees "once a month". On November 17, 1999, Mr. Henry Wingson, delivered a proposed progress payment to Colarrossi Construction showing the quantities for payment. The progress payment was never returned to the City, with a signature agreeing to the amounts, to process for payment. Mr. Mike Grubbs was waiting for the agreed and signed progress payment to be returned so we could begin the process of payment to Colarrossi. On December 1, 1999, Mr. Mike Grubbs, sent Colarrossi Construction a letter stating that the City is still waiting for the signed proposed progress estimate. And also advising them that the City was ready to pay for "Materials On Hand" in the amount of$44,152.00, but still needed to receive the signed progress On December 7, 1999, I was informed by Mr. Mike Grubbs and Mr. Henry Wingson, that we were going to pay a percent of the basic bid item no. eight (8), for partial payment for the trenching that the contractor has completed up to this point. Bid item no. 8, was going to be deleted in the future, per change order #two, that would pay for all T&M work that was being done. Mr. Mike Grubbs contacted Mr. Henry Empeno regarding the pay estimate, item no. 8. The question was; can we pay the contractor a percentage of T& M done from Bid Item no. 8 ($16,400.00) and do a change order for the rest. Mr. Empeno said to go ahead and put down Change Order No. two, $16,400.00, and state that the change order is still pending council approval. Page 3. I stated to Mike Grubbs that we still can not pay for any T&M because we do not have any certified payroll for any period of time except for the month of August through September 30, 1999. We do not have any signed T&M sheets by the contractor or the inspector. We do not have any T&M sheets with back-up i.e. equipment rentals, tractor rental, cost of material used and cost for labor for work done. I asked how did we come up with the $16,400.00 dollar figure. Mike Grubbs told me that Henry Wingson is calculating the amount himself. I asked Henry why is he calculating the amount, for pay, why isn't the contractor supplying us with his own sheets. Henry said that Ciolarrossi Construction refuses to do the sheets. Per the green book: the contractor must invoice the City for extra work being performed. The issue also came up about paying Colarrossi's supplier, for Material's On Hand (Grates) (Storage), a joint check issued to B & B Boys, in the amount of$44, 142.21. My only recommendation to Mike Grubbs regarding the above is: that they should have a memo from the City Attorney's office directing and authorizing to do such action. I advised Mike Grubbs, that EDA Accounting Department, will want a memo authorizing a joint check action. He advised me that we'll have to cross that hurdle when we get there. Mr. Henry Wingson, was advised by Ray Casey to go over the Material's On Hand amount ($44,142.21) and see if contractor have used any of that material on the job site. On December 9, 1999, Henry went over the list that was given to us by Colarrossi Construction of the Material's On Hand. The list consisted of three sheets and had three different "Order Numbers" with various items on each list. Henry went through the list and found that there were some items that have been installed and or on the job site. The total amount that Henry came up with, from the three orders, that have been installed, is $832.52. My calculation of what is now due for "Material on Hand" would be: $44,142.21 -$ 832.52 $ 43,309.69 Due for Material On Hand The amount due for work done, on the pay estimate, will have to be for the period that the contractor has supplied payroll for. That period is 8/27/99 to 9/20/99, minus Bid item No. 8. Also Bid Item No. 3, per Henry Wingson, would be 10% not 100% as contractor put down. Bid Item No. One would also change from 100% to 50%, per Henry Wingson. Page 4. Pay Estimate No. One (1), will consist of the following quantities: Bid Item No. 1. Mobilization --------------------------50% of $ 5,000.00 = $2,500.00 Bid Item No.2. Traffic Control-----------------------25% of $11,200.00 = $2,800.00 Bid Item No. 3 Clearing And Grubbing------------10% of $ 650.00 = $ 650.00 Bid Item No. 4 Install Queen Palm-------------------0- of $ -0- _ $ -0- Bid Item No. 5 Install Tree Grate----------------------0- of $ -0- _ $ -0- Bid Item No. 6 Install Irrigation System-------------15% of$ 19,000.00 = $2,850.00 Bid Item No. 7 P.C.C. Sidewalk------------------------0- of $ -0- = $ -0- Bid Item No. 8 Trenching/backfillilling---------------0- of $ -0- = $ -0- TOTAL DUE: $ 89800.00 REVISED AMOUNT OF MAT'L ON HAND: $ 43,309.69 $ 52,109.69 RETENTION AMOUNT AT 10% (52,109.69 X .10) _ ($ 51210.97) $ 46,898.72 TOTAL AMOUNT TO BE PAID FOR ESTIMATE NO.ONE : AMOUNT DUE : $ 46,898.72 o,�F2 ��. o Y4 �-�—� .. Irmo � lo � D H d ° np O Lc COX . N N z M 0. CL c N N N N CO w C); O Z � Q s fJ J l� w w J o CL -•, Q j m O o W o O U. U _ o „ � ZO ►- co W. O Z O Y W Z o f- LL)uj �O p 4D � u uj Lu CL Cl) - a V � V O E i 3 C4 1,y; oc it U d oQattL nro D �67Z- Is I4+gL / 6rt�3 r F r 3�y - l � LA ITV — ►�1,, � � A Sara,c cy� cz l/ / //Y y _ �S,• 7 Y 1 �4J CI �� � tC4 L7.3a ?�y C,- 1 li AL f6Ltn1R v Zo. av b M.de FAX D cc�coa� L TO: RAYMOND CASEY OCT 2 51999 FAX(949)384-5080 CITY OF SAN BERNARDINC PHONE(909)384-5357 DEVELOPMENT SERVICES DEPARTMENT FROM: COLAROSSI CONS'I' Phone(909)783-1823 Fax (909) 783-9171 --DATE: 10!23199 SURIECT: MATERIAL INVOICE SHEETS FMOM THE HIGHLAND AVE STREET SCAPE PROJECT' (E TO WA7'EIiO+VIAN) FDcloied are the material invoice sheets that the city requested from Colarossi �on (CC) so that CC can obtain a city check (A„SAP) for payments of Ym SwMma=y M &MBoys 37,473.10 + 6400.77 + 26,834 = $ 44,142.21 l V can Material (Cal-Mat) 1670.44 $ 1670.44 Trench Plate Rental Co. 577.50 Total = $ 46,390.15 `\ WOO have any questions, please feel free to can us at 909 7 _ I- rry Jr, Anthony Colaross><, or ( ) $3 1823. wish to spcak with Lam' Senior wdl take your call. If you Larry Jr, you can reach him at his cell phone. Al,O' a fax cO°firmmg receipt and agreement h1l, the City would be velY a r - cmtcd by COlarossi Construction. As of today, we did not get a 1 from e fax sent to you regarding Lost Time. Y the cic: Mr Blake H (Attoulcy at Law) 04:24 6016349409 COLAROSSI CST W, PAGE+un 1�. _ PAGE 04 VW. 19eS3712E64 P.03.,a3 VW. IAD ftitw `'*MANZ CA stile» INVOICE: 3&-Wt 33'1-12!6 Ent. DODO -VI-2QK Ext. 0000 A �T• A DATOM: Oo""st CNIMICNIAO STUMP SKIP TO: PWO R[C II WfTON MW COLTON CA 12M, SM BERM K'N(M:(x1:A1►D STREET: SAN bEROD A"'OM WLAR03 1'•0. "EA ART VT`VIA RE0 3MIP TES INVOICE D+ITE PACE Q9l02l9f 2>;1Dtt,/1Nu0 QTY rAtp pT� SMIt+ Ott tlQ'd [TQ1 Ro. 09!021" 1 Df9QiI!•TI OH • • • w • N 1 S i 0 R I C A l OMIT LWJv PRICE EIT ?RICE A 8 D �3Mt BETE E01c WNINiED cI u* cVR EA 31.13 $249.04 f SUBTOTAL $249-04 Due- MISC. CK%MfS i.oa TAX $19.10 FRIIGMT S-00 elm TOTAL 5268.14 TOTA_ p_@3 cs .�<_-, -at.:�_7 m,�,...•* s=_.-..:.' �r�a -�.,�r�..�",a�..a •.�,=s�' s.+�...x:�..a.. �R'�„ "'x°`s . _ 84:24 8816349489 CQ.LIROSSI CAST PAGE 82 -- D+lo ,•vc� ail t:)V tiVC: • �909CS?12664 P.ldl i93 I'S. t. MIND MEET `��trA1�0♦ GI *171 USA M& o-der ►tw,ber Q86660 Inc. 0M) �1-z6at tac. aooQ L E A C Y' Ctsbaftr : ��-/;V, M"oo ei o1(MIpILNO PREET)P Snip To 7AM RFQIE GIIITbN ROAD t7 oDtMOSSi COM(!1IGNlA>f0 S'REET) 0lTON CA 9Zi24 SAN MI)o `y - Arco w,t COl/1R03 LARRT ShTP via Req Sh1P - L 08/31/99 arm$ oroer date refit Qry Ord ctr !hP Item Mo. MOthimet�O 08/31/99 t WSW 4� atPt t Oil w • • • Q V O T.E w • • . . Flit tllit PrIca Nt. Price t15 p i It 4a" 5Lmx GRJ9TE ms 481, FRAME EA 25"-M C 26,W.20 EA 68.3300 (7,789.62 tubtota( $34.777.82 'tlic. Charges S-00 N »" V.695.Z8 Frsiyht 5.00 -sm Pon .�rrrrrlr • r r t ..�� -.` .w.iu'3�-SS"Sa.f.4{.•.3.�+wr..`...:1... ._1'dS"Y-0a41frS..i'r"�i.�.s:.v��-r'. -�. -.- ._s:_._._. _:.a.:.._..r.-.....,.t«..G..r.".a..-.�-_�......._.. 04;24 8016349409 COLAROSSI 0QkrjT _ PAGE 03 w�•� 1 rt'[1 lx'1 11 L!f`1 I�. ~ 19093712654 P.a2/a3 . lw_ TtaAD STRICT MRS�>•/oy CA 9171! ikv010E: X4672 ,I1 371-12% Ext. ODOO Inc. ,9) 376-2W Ex t. Oo00 L E G A C Y- CWTM". COLAROSSI COMIMIGH~ STRlET1 3MIP TO: 7400 RECHE CA" pOW COLARDS3; CONIN:GHLAND S'R COLTON CA VM4 SAM BER00 EE�> SNIP TO TAXD LM ACCCUMT P,O, NuIBLR COLAROS LAMY SHIP VIA REO SHIP o/T TERmS INVOICE DATE PAGE 07/71/99 0*r ORD QT► SNIP QTY 80rd ITEM 40. OESCRIFrraH 2i1otn1Net30 09/01/49 I • - • • • H 13T0 RICAL • • w • UNIT UNIT PRICE E1TPR2Cf II 1 0 CSPEILK ESMIX a 0 130G3 50E25 RB 11/2 DRS RCV EA 147-2Z6 $147,23 EA I 1 0 1 12 12 1/2 6258V RP FfaCD' 84.78 $678-M 0 150Ti1J8NN 11/2-113 GV NIBW WI3RASS NM EA 901.03 230 t!o o uBi60 f2o1.03 2.500 t,wo 0 14W RB $0-360 XM-BUB EA 27.3000 33Z7,60 12 12 UF14 WHITE WIRE- EA 0.30 S69.00 0 1h NOT CONCRETE BOX RD W/C LID FT 0.D29 11.500 11,500 0 17040 372.50. 500 S00 0 10040 1 112 SCN40 PIPE PVC EA 17.096 $225.75 4.500 4.500 0 7u40 1 3CW10 PIPE PVC FT 0.2640 $3.036.00 170 170 3/4 SCMO PIPE PVG FT 0.1655 $82.75 0 401007 314 T 333 ►VC F7 0.1117 .5 15 0 107131 3502-65 a 8 1X3/6 T" S$S pVC FA 0.1186 330.36 O 402210 1 1/2 X $/4 T $$T pVC 115 115 O 406007 0•38 15.70 a 8 314 90 SS PVC EA 1.2293 $9.83 0 694015 &AS 1 1/2 UNION EA C.1406 16 16 0 1583BN 116.17 30 30 W 1 112 X 3 NIPPLE EA 6.75 $54.00 0 431015 36 36 0 401210 1 112 MA PVC EA 3.35 $53.60 7,500 T,500 1 1/ZX3/4 T 355 P �VC 0.3676 $I1,D3 0 14SLACK UF14 ZA 25 25 0 401015 9LCK WIRE 7.44 $51.84 25 25 1 112 T S33 PVC FT G.o290 $21 T.50 2 2 n 401015 1 112 40 SS PVC u 0.8064 S20.16 CALG 1 1 0 GALP GAL GRAY GLUE J1a64 EA 0.6012 515.03 6 6 MAL PRIWA 31904 EA 27.17 $54.34 0 PAINT "INC PAINT EA 19.65 1 1 0 PT D $19,65 6 6 PT P'FE DOPE WXITEIEA; EA S.31 =31.86 0 10057 I TEFLON TAPE EA 9.5659 4 4 0 C41501% L9.5> 4 4 p NTgf CW"TE LARGE pAUBEIR EA 1.0666 $6.40 MT651 OT CAN EA 1.620 $6.4a EA 1.79 $7.16 SUBTOTAL 15,942-53 M13C. oWrES $.00 ---.r, TAX SL 57.94 FUIGKr S.Do fw. owed on to*Pal" to tl y �- TOTAL S6.400.7T 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 relative) and occasionally, moved closer to me in an a y quiet, moment I felt a spray of saliva as Robert Colarossi yelled from a distance e� oftless than three feet. I explained that I would not talk to Anthony or Robert Colarossi since they are not listed as principals in the company. Larry Colarossi, Sr. is listed as sole proprietor of Colarossi and is the only individual who can speak for the company. I asked Larry Colarossi, Sr. to step over to an area where we could talk alone. His major concern is was that we have not paid them for the work done so far. I advised him of our concern that Certified Payroll records had not been provided for the period for which he was expecting payment. Larry Colarossi, Sr. walked to his pickup truck and returned with certified payroll forms that appeared to be filled in. (I later gave those forms to Andy Navarro who checked them and determined that Social Security and check numbers were missing from the forms. Therefore, the Certified Payroll's were unacceptable. I instructed Mr. Navarro to contact Colarossi Construction and advise them of the deficiencies and that no payments can be made until correct certified payrolls are received.) Mr. Colarossi further complained that we were treating them like "animals", and that we are holding up their work. I advised Mr. Colarossi that we are committed to completion of quality work in a timely manner so that our street rehabilitation project can start in January. He ranted some more about the Colarossi's being immigrants and suggesting that we were prejudiced against them. I told him that was incorrect and that we work with people of all racial and national origins. All we are concerned with is getting a quality product completed in a timely manner with the least amount of inconvenience to the public and adjacent property owners. I left Mr. Colarossi about 3:00 pm with a promise to work on getting them paid for the work completed to date. He also asked that we mark the traffic signal loops and conduit. I assured that we would get out signal crew out to mark the signal loops and conduit. Michael W. Grubbs Senior Civil Engineer Cc: Henry Empeno, Deputy City Attorney Michael Hays, Director of Development Services Ray Casey, City Engineer Henry Wingson, Public Works Inspector CITY OF SAN B E R N A R D I N 0 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 TrenchinQ,& 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 12/08/1999 14:15 9498529778 BLAKE HUDSOI,ESU PAGE 01 THE LAW OFFICES OF BLAKE HUDSON ATTORNEYS AT LAW 18952 AMC ARTHUR, SURE 430 IRVINE, CALIFORNIA 92612 TELEPHONE(949)852-9772 FACSIMILE(949)852-9778 FAGS MLE TRANswssiON Date: December 8, 1999 File Number: 500-1012 To: Name: F Raymond Casey From: Blake A. Hudson TOTAL NUMBER OF PAGES (including this cover sheet): 3 (Please call(949)852-9772 as soon as Possible if atay pages are missing and ask for the Fax Operator.) CONMENTIALrry STATEMENT' Thh oomp�ypicatlpn is immded only i the person to whom It Is kWrcmd, "wY contain)gfp�thg is wket ed 5rom dia lm.to thlyd loablc Imw bocn,ac k j.—n9dm ia,st-wy-d1w ,atriludon or attorney wort[prodna if the madrr of ails mftw that t be r'0 d�F CM YOU a:e Yom+mq'be violating a kgolY Prowed voa8dmdd or privikged oommimkohm had dW am d tilde coo i nerror, and/or copying of this eomm uli-lim or may p xwn of it is mricdy prohibited. If Yom have the U.S.Postal Servico. 7bank uw 00 nods ut and wnsidy by n InPhD'"aed rmur,tb0 original r to ov at the above address vi■ YOU 1br Yuri ooapaatioo and conaidcrstioa In this matter. REMARKS: 7742.doe 12/08/1999 14:15 9498529778 BLAKE HLMSON,ESO PAGE 02 �r HUDSON & BROWNING ATTORNEYS AT UAW 18952 MAC ARTHUR, SUITE 430 IRVINE, CAUFORNIA 92612 TELEPHONE(949)622-2150 FACSIMILE(949)852-9778 BLAXE A Huosaa eu ®arunSOrrU;ev. PAAT?*R December 8, 1999 wrW,oftd Dial:(949)a52-9772 Mr. Raymond A. Casey City Engineer Development Services Department 300 North D Street San Berardino, 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 CTrubbs 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 (aud 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: 12/08/1999 14:15 9498529778 BLAKE HUDSON,ESQ PAGE 03 Mr. 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 backfilling 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 Colawssi Construction. 5. Has failed to properly respond to Colarossi's submittal of the data which evidences its delay claims(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 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 conic to this, but we COUMMVLitler 10 Carey 12/08/1999 14:15 9498529778 BLAKE RJDSON,ESQ PAGE 04 i Mr.Raymond A.Casey December 8, 1999 Page 3 tried to work with you. Very iHin S R G Blake . $l�r coiwonvc.ztw to C-cy 12/08/1999 14:15 9498529778 BLAKE HUDSON,ESO PAGE 01 THE LAW OFFICES OF BLAKE HUDSON ATTQQNEYS AT LAW 18952 AMC ARTHUR, SURE 430 IRVINE, CALIFORNIA 92812 TELEPHONE(949)852-9772 FAc3imiLE(949)852-9778 FACSIMILE TRANsmissiON Date: December 8, 1999 File Number: 500-1012 To: Name: Fax Number: Raymtmd Casey 909/3 84-5155 From: Blake A. Hudson TOTAL NUNWER OF PAGES (including this cover sheet): 3 (Please call(949)852-9772 as soon as passible if any pages are missing and ask for the Fax Operator.) CON nDENTIALTTY STATEMENT 7NS comnutaketion is iawoded owy thr the pmsm to whom it is+ddmmt @ msy coatain nufotmatioo that is p vwckd from dlsck m to third Persons> 1wilcoNc low becww it is oonHdcutisl,an�rney-dknt cooraunlcation.or atwmir WMt product. If the Wender of this aesge +lnaj,You am hweby notified that you may be vialsting a legally Protected voa8deadd or that any rt y-, dis�ation. dbtr�, MWDf copying of this communication or MY portion of it is rtrictl Privileged communication If and reedved tkib cooaatlakathm to error, Y prohibited. It yon lave p notify ui Ind camidy by trin this o sod retrun rho original rogssage to as at the above address via the U.S.Foetal service. 'ILmik you gx yvvr 000pa�ion and eaoaid�ion In this nutter. REMARKS: 7742.doc 12/08/1999 14:15 9498529778 BLAKE RMSON,ESQ PAGE 02 HUDSON & BROWNING ATTORNEYS AT LAW 18852 MAc ARTHUR.SUITE 430 IRVINE, CALIFORNIA 92512 TELEPHONE(949)822-2150 -- FAcsimiLE(949)852-9778 BLAKE A.HuosoN BLAKE8F JM0NLAW.G09 PAkn*R December 8, 1999 WrW&oimd otW:(949)b52-9 772 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 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 11ighland 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 fulf% 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: 12/08/1999 14:15 9498529778 BLAKE HUDSON,ESQ PAGE 03 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 backfilling 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. r- 4. Has delayed and impeded orderly execution of the work through its harassment of Colarossi Construction. 5. Has failed to properly respond to Colarossi's submittal of the data which evidences its delay claim(although the City represented it would do so by the end of October). 6. Has dared Colarossi Construction to abandon the job by stopping work without a proper stop work notice detailing the reasons why the City has shut down this job. This is not exhaustive, but simply illustrates the fact that the City is acting in bad faith and in breach of its contract with Colarossi Construction and has apparently engagod 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 COWMAAfter to Grey 12/08/1999 14:15 9498529778 BLAKE HUDSON,ESQ PAGE 04 Mr. Raymond A. Casey December 8, 1999 Page 3 tried to work with you. Very iH S R G Blake n $H/ir coiw=V a w to c,ecy SAR C I T Y O F , ,. an bernardino a�'yDED 1'` D E V E L O P M E N T S E R V I C E S D E P A R T M E N T M- 1 C H A E L E .� H A Y S D 1 R E C T O R 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 8 E R N A R D I N O , C A L I F . 9 2 4 1 8 . 0 0 0 1 (9 0 9) 3 8 4 - S 3 5 7 • F A X : 3 8 4- 5 0 8 0 / P U B L I C W O R K S FAX : 3 8 4 -5 1 5 5 r � Thank you for your attention to this matter. If you have any questions regarding this matter, please do not hesitate to contact the undersigned at (909) 384-5179. Very truly yours, Michael W. Grubbs Senior Civil Engineer cc: Henry Empeno, Deputy City Attorney Blake Hudson, Attorney for Colarossi Construction Ray Casey, City Engineer SENDER ee items 1 and/or 2,k ; ` secwces L l also.wish to receive t services(for an extra" this card �thre s«m t4 tns q�Mte meYptace or, % --Addressee's Address,back if space wes not e'Retum Recelpf ReQ ed"on the maltUiece bebw the article number. The Return #Fee „i 2. Restricted Delivery of del { ,: sgnaturw the Person delivered to and the prbcLq a,t,,.- -_- oi>SUIt Postmaster for fee. 4a.Article Number ' P 225 919 931 G ll� 4b.Service Type r — V C RTIF t, 4c 7.DIPMFRWr�V IT l - 8.Addressee's Address (ONLY if requested and fee paid.) ♦ i ItIS it Fa f•� <} LE����l �49r2 �4 i<H wayDG!s is BF -Scs4r•�:��� !��" ;EIPT 2 �l, You F /rLcz s��-✓�-� C-es�i r2. r I ... .•yam City of San Bernardino Raped Memo 37 - S-D�-O � wp Cpl/11zSo,j To: =-��-�'1-��� �a�si.2ac7�..� From: Ext.tl 11 • 760r- R-,Feg-- CA-44 .,-, J;�), CoL�O•J Public Works/Engineering Dept. Subject: O-J f�,Gac,f-4Z A-vf A,-rFx-4. Hfr;;Pr,-f LDate: Message: TOLL A2. f�uirfa2rStr 7� ",�G i•l /MFo2��` ��,�erFi�L �tr�i E� /}i 9fiE �{��2_FE'> (�.4%� Or � �'o- �� °F2 71...�c,e Lo.},� 17FLr✓f 2E� .a-7 Signed:, -� Date: Response: Signed: MY OF No Reply Necessary El Reply Requested ENGR-1.05 (2-90) +rrv��s ^i _ R - --- City of San Bernardino f I — Rapid Memo — Fc it :-7, 2 S -10 To: From: A�wia 01AM1 0-1 Ext. 5111 76oac«t<< Cwt -ryo + Q foc �o� Public Works/Engineering Dept. � ! ' Qkcxe N :Far.otD 2Z - Subject: Message' OCc 4 z`C cril+Fa2rSi-, lr✓G .1 /r)s�r2�F� i�•tcfFic �s+7cr-4L As 4 ; iµF f•1 2,4 %,r D.rl-iv'FtF� ,z i Signed:,,�-/;.,,I=t" Date: Response: Signed: No Reply Necessary ❑ Reply Requested ENGR-1.05 (2-90) `c�va�rr*WG SERVICES (ICES - - - 11/16/1999 12:46 9498529778 BLAKE HUDSON,ESO PAGE 01 THE LAW OFFICES OF BLAKE HUDSON ATTORNEYS AT LAIN 18952 MAC ARTHUR, SUITE 430 IRVINE, CALIFORNIA 92612 TELEPHONE(949) 852-9772 FACSIMILE(949) 952-9778 FACSIMILE TRANSMISSION Date: November 16, 1999 File Number: 500-1012 To: Name: Fax Number: Raymond 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 I-D issing and ask for the Fax Operator,) CONFEDENTULITY STATEMENT This communication is intended only for the person to whom it is addressed. It may contaim information that is protected from disclosure to third persons under applicable law because it is oonfidential,an attorney-client coptmunication,or attomoy worse product If the reader of tbi7 message is not the intended recipient,you are hereby notified that you may be violating a legally protectod confidential or privileged communicatiotl and that any review, dissemination, diem-bution, andlor copying of this communicstiom of any portion of it is strictly prohibited_ U you have received thin commajA kWou In error,please notify us immediately by telephone and rearm the original message to us at the above address via the U.S.Posul Service. 'lbank you for your cooperation and consideration in this matter. REMARKS: 1 V 7742.doc O�RNA'04 „ I - Y O F an bernardino DEVELOPMENT SERVICES DEPARTMENT M I C H A E L E H A Y S D 1 R E C T O R November 12, 1999 File No. 7.37-5040 - CERTIFIED RECEIPT N0. P 225 919 93 i 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 „ . O R T - D R = ? S A N B E R r, R D 1 N C A L F 3 2 4 1 8 - 0 0 0 1 (909) 384 . 5357 • FAX 384 - 50801 PUBLIC WORKS FAX : 384 .5155 t 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. Hays, Director of Development Services Raymond Casey, City Engineer Henry Wingson, Construction Inspector oz 1 zD y< 6 6 l C z .J Q co Y H 6 F J y f W Z y OC ■ Z L O, r = Do Imr 0 0 0 O i z �, u u _ O > B c C r • • -� `c 0 i i 'o a 0 3 < < 0 0 0 ►- U V ~ r r ~ r ► ► ► Z C t O c O t C t C [ O t G c C t 2 t h Z d z Z H W0: W to v L 0 0 U �Lij y � Q Q o a r J n t 0 c ¢ W J L o = z Z Z c i x 0 0 ` < W a a y Y Y t0 • O i z < < iz S • . o S X K O• 10 I.- �z ` + + n in Jw J J r Y •~ W 0 0 zz n 3 � z W � • Z ►- n 0 O p _< = p C Y z W O � 2 W t W � F- o Z L } ® W d t 7 .� W „ _ r y B } d Q Of Q ° 3 a 0 0 W = W e to d y � z Q c v < a 46 CL W 0 • Y � L O H U 1 Zm r0 2 W< t < Q co Q CC F i a -,t- za : O < D 10, WO < Y f r J _ O w c ° z z p p 3 I t Q 0 o o U U t r r r r ~ < C c o c C c C [ C c 0 [ O t C t Z h Ir Z o 0 < r V .J J U d z z f W IX W W to u � ° e U W = Q Q p a r J < 0 J L ` _ [ W v u " C W a O O t < < r • a a t • ai 5 + � o � � X K as of w 60 h � Yf H h .J r U 0 C C < L z h Z o z W < • Z ~ N z o � Y Z F W � ID d < Z Z z < d • p c h y W r W = Q C d Q W p i 0 Z. O c . O a W it 0 W F, a V u i Z W 0 2? Q ` O (1. O 2 J N L _ W r r U ►1, W� t i u 11/16/1999 12:46 9498529778 BLAKE HUDSCM ES0 PAGE 02 HUDSON & BROWNING ATTORNEYS AT LAW 18952 MAC ARTHUR, SUITE 430 IRVINE,CALIFORNIA 92912 TELEPHONE(949) 622-2150 FACSIMILE(949)852-9778 BLAKE A.HuDsoN "E@WVDS014LAW,4:z M PARTNER November 10, 1999 writer's Direct Dial:(949)B52-9772 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 Colarossi Construction's rights. Colarossi Construction has relied on that representation. • Colarossi Construction will submit certified payroll records and the City of San Bernardino will issue payment promptly after receipt of those records. 11/16/1999 12:46 9498529778 BLAKE HUDSON,ESU PAGE 03 Mr. Raymond A. Casey November 10, 1999 Page 2 • The City of San Bernardino will advance fees for materials to be incorporated into the work of improvement to avoid having to send such materials back to the material supplier. Alternatively, in some cases, the City of San Bernardino has contacted the material suppliers to assist Colarossi Construction in avoiding any costs associated with having to return materials. • Colarossi Construction and the City of San Bernardino will continue to negotiate the delay damages incurred by Colarossi Construction as a result of the actions to date. I was happy that the City recognized that Colarossi Construction encountered a changed condition as defined in the standard specifications for public works construction. Colarossi Construction is also happy that the City recognized that it is due additional time in which to complete this project and delay costs associated with the handling of the discovery of the changed conditions. Presently of concern to Colarossi Construction is the seeming lack of cooperation on behalf of the City inspectors. I am going to attempt to contact you again to discuss this on the telephone, but 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 understand 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, I really would like you to become personally involved with this job, as it seems that other representatives of the City continue to harbor some animosity towards Colarossi Construction and are acting on those feelings. Should you wish to discuss this matter further, please do not hesitate to contact me. Very t ly u HUDS NX VNING Blake A. Hudson BH/ir ColarossilUtter to Casey 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 9-13 Wgq c000 '"A ~� , S � LETTER TRANSMITTAL F SAN N BERN'�,r�DINO . CITY O DEPARTMENT OF PUBLIC WORKS 300 NORTH "D" STREET, 3�d FLOOR DATE// io �S FILE NO. 7..3? __2)W SAN BERNARDINO,CAL. 92418 attention: 6,,*e_2 � .4;14_V (714) 384-5111 re: f' TO r WE ARE SENDING YOU • Check prints ❑ Prints ❑ Originals ❑ Specifications • Copy of letter ❑ Change order ❑ copies date description ��r✓tS2t1C_ ��ttt//�(LN/_ �,Jr4�tG �Fir~/1MIN�Tiu�! 7ty' ZI L I 1�r i�j �tF2a.�(.rl f'lsk:2t H ? I Z Orp THESE ARE TRANSMITTED as checked below: ❑For approval ❑ Approved as submitted ❑ Resubmit copies for approval or your use ❑Approved as noted ❑ Submit copies for distribution /'—'k( As requested ❑ Returned for corrections [] Return corrected prints a check print ❑For review and comment ❑ REMARKS COPIES T0. SIGNED �� ✓ - /i �o .............. :1/10/1994 19:29 8016349409 COLAROSSI CONST PAGE 01 r COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Lic.# 273713 7600 Recta Canyon Rd. COWD, Ca. 92324 Phone# (909) 783-1823 1:9Lx # (909) 783-9171- To: Mmbaof P Bes InchWing This One: .01/10/1994 19:29 8016349409 COLAROSSI CONST PAGE 02 L'atA c'a ss-r C° o ash `1600 R eC�e. ,4P6 R v � � � r�► of !i � � � iu o 46 O v A? 4C 44-6-)L2 0,A o U s-CFA 0 -f-/z A4 -t-h o HAS (c A .� cv + �voek hA�)j E b 14 I'D A) 4AA4 lel,)qA UJ e- e H Co; 1 ::I�o s P K c4 o s�, .91/10/1994 19:29 8016349409 COLAROSSI CONST PAGE 03 w C T V O• 5an ]Bernardino ONM.tSPrwMT 6 1111r106 6 01• A OJT Men? r w • L el . N A T a Fft Na Tr OwMIrM!!!� 7 I Road COlill�a,QA' Subywat: 1tt/t01116lion of Sb"t Trees along Highland Avenue from`E"Street to Waterman Avenue ©a1 Th&* you fbr rrlwwdng wdth us on OCbber 19, 1998, to reaatve problems that have occurred ns>a" 10 live w *JW pmJW. We feel that progress has been made toward resolving our dffl*w m 0MMW1 1g reew"on of work and compensation 1br delay incurred due to changed oat�01�1�f�11E�. It WN 9910d f*yOUr co ;Mny vA raewme work on Monday, November 1, 1999, and complete w**In 11%boat by Ow wri wr 1, 1999, so that our pavement rehabilitation project can proceed in a Off*-YWMNr. Ybu WOW to focus your efforts on the area between -E=- Street and Sierra Way bwoarair 101110 pert of ft rehablNtitlbn p vjwCt• We neOMVad YOW FAX'ad nV0101 I regwrftg "1061 time cost'_ We will review the material and b hM 0 1111PorsN by Otoobar 29, 1988. F%gmdklp P"! 1W MONAak delivered to the site, we have not received any invoices from you for b"Ra1M vMtbh you Indicated have been delivered. As a result of the delay in receiving this WvrMWcn t* VA ba unat * to authorize payment by Thursday October 28" as agreed in the TWINI - A 1dl11onMy, wa have been advised by our CDBG specialist that certified payrolls will be nfQt*wl pdarfisael =*of arty lx*W a psyrrwft, If You haw arty*040005 rogw*V this matter, please contact the undersigned at(909)384-5179. VOY Y9^ >lMMgir �' �•l Hof D+valoRxner11%,Servioes [ [ R N A 11 D I N O. C A L I F e o c fsss� •.4.�>i.l . �A71 : sss• 9 KIP PAR : 884 -Alls 00 ."` .� T'�� �' ^.�e i� - City of San Bernardino ' ( G Ala .3 7— Rapid Memo =- L Q d Sl C c�"'S i�P«t T owl From: 4 4✓/A/l!o.✓ ✓r� ��c,cs �To 2 To: Ext. 111 Public Works/Engineering Dept. Subjectf�/G rc,r-� ,4� 1:'¢rf trr T� ��lr'T. ,r�� Ga l Date: i Message 1� AI 7, % Ah .I�l+�fG7E., j �p�/✓Fy istA% , f�.t S ,P�,c,f iF.� Ci�•�E2 r F�;2,e c✓a 2 K ti �'F %�F S�f , L ��0✓psi ,,! No �cs'c/�` %/r cf �(E[��?��tr,�,� �,✓..�� l2�+;f t iii i L� /o�Go2,�f %k f �il c i.2.1.✓.r �' L.+.3a✓� •:Sv�z C s��+2Ccf �i:r, ��tf lf�rlt v7 r �,Ji�L , lF� // � %E1� C�-JIIiO+� tJr2 G'`.r%-t<<ii✓�f �rI_Z,I l 1 7`) %H'+2d.tE4f Nk,z c,N 31 , 2-Leo Signed: e. Date: Response: Signed: ❑ No Reply Necessary ❑ Reply Requested ENGR-1.05 (2-90) CE wi MTW.S�ICES - t iE�E T .hISMI SS I OI�I REP�� Z �� ��� 7 V-02-99 10:25 ID:9093645155 CSB PUBLIC WORKS DIVISION -TOB MSEI2 2 4 B I 1\I F O FZ M A T I O ICI C O D.1E O K TELEPHONE NUMBER 93593541 NAME(_jD NUMBER) 909-3595760 START TIME NOV-02-99 10 : 22 PAGES TRANSMITTED 003 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 01 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 02 .04 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 �a - _ _ CITY O� SAN I3ER1�A.RIjINO �� _ � De'v'elopment Services De � partment 300 North D-Street, San ge LIC WORKS DIVISION or 41 yaMLe ,Ajlr 01 ti +� 0 rnard:no_ Calsfornfa 92418 -- ----_— Phone: (909) 384-.SOS7/_5071 � Fczz (90g) 384-SO80 FAX TZ2ANS1\�TTA T" S�IEET _ FAX_ ��^ �_.fiw.ji✓ ,�i SLTB.TEC'T: �� R-EMA:RKC-_ YQi1I' message hare__. �" aces-- O�RNARO'"o CITY OF SAN BFRNARDINO _Y Development Services Department PUBLIC WORKS DIVISION •moo ��,, . : �. 300 North "D" Street, San Bernardino, California 92418 °NEE IS'0` Phone: (909) 384-505715071 , Fax (909) 384-5080 FAX TRANSMITTAL SHEET TO: DATE: W7 I FAX: � i PAGES: FROM: �. SUBJECT:aa)iflF,(&V REMARKS: Your message here... 1414ae-of , IQ�IW4P 4!M09%�I&V Z 44 y Z S/ Y&W ���Is ,r g:F-- &f zC xe c.-- A — .0000 arwsa CO CAUroANIA STATEMENT OF COMP_LIANCE --- DEPARTMENT OF TRANSPORTATION - FORM MC-its(REV. s-ss) Date 1 do hereby certify under penalty of perjury: INrmr nl pMl^7 Pan/) ITNkI ..r. (1)That I pay or supervise the payment of the persons employed by on r the ,that during the payroll commencing on the day of mR«W« ' 19 and ending the day of ,19 ,all persons employed on sail project have been paid their full weekly wages earned,that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person,other than permissible deductions,as described below: (2)That any pavrulls otherwise under this contract required to be submitted for the aline perind are correct and complete;that the wage rates for laborers or me•s•hanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract;that - the dassif icatinn set forth therein for each laborer or mechanic conform with the work he or she performed. (1)That any apprentices employed in the above Iterind are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency. (4)That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ In additinn to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced pa roll,payments of fringe benefits as listed in the oontract have been or will be made to appropriate programs for the benefit of such employees,except as noted in Section 4(c)below. (b) Wl-IEKE FRINGF. BENEFITS. ARE PAID IN CASH ❑ Faeh laborer or mechanic listed in the above referenced payroll has bern paid as indicated on the payroll,an amount not less than the sum of the applicable basic hourly wage tale plus the amount of the required fringe henefits as listed in the contract,except as noted In Section 4(c)be irs- (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION f Renur6 NAME:AND TITLE: SIGNATURE On federally-funded projects,permissible deductions arc defined in Regulations.Part 1(29 CFH Subtitle A),issued by the Secretary of Labor under the Cnpclsod Act.as amended(48 Slut.949 61 Slat.108,72 Slat.967;75 Slat.957;40 LIS C.2710. e . Also,the willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution(see Section 1001 of Title 18 and Section 291 of Title 31 of the Unit"I States Code). � rWOaY �^Iv w Z<<4 W ioo V O W r n J a � i W I r � O Q z F i z � o I N 1 e p O _ N l7 O W o r x c < r r N _ V O < N U U ~ 4 N V W O O x W < _ 4 r I F J J <O O u� o OW NU T W < r a w < a O J N < a _ r 7 O O r I W � O r � � W : O 1 J = ' VCt •�a N O N p N p N p N p '^ p '^ O O O 0 Z O_ r .. D❑ < Y U - I1 O � �M10IOM y •-MAIM lO OM � I W F m < O� Q f <z W 8 Z _ W f O W.L i - O 7 I O V W 1 (t { eelr lb. ly'�4 tµ: 14 tiblb ia9µdy k ULARU5S1 CON51 PAGE 01 — FAX nll�� D RAYMOND CASEY OCT 2 5 1999 FAX(909)384-5080 CITY OF SAN BERNARDINO PHONE(909)384-5357 DEVE DEPARTMENRTVICES F : COLARO SI CONST Phone(909) 783-1823 Fax (909) 783-9171 DATE: 10!25/99 SUBJECT: MATERIAL INVOICE SHEEN'S FROM THE ND AVE STREET SCAPE PROJECT(E TO WATE HIGHLAND Bnclosed } are the material invoice sheets that the city requested from Colarossi Coction (CC) so that CC can obtain a city check (ASAP) for a the material, ) Payments of Summary, M dt M Boys 37,473.10 + 6400.77 + 268.34 = S 44,142.21 z VwCan Material (Cal-Mat) 1670.44 $ 1670.44 Tfewh Plate Rental Co. 577.50 Total = $ 46,390.15 If You have any q , please feel free to call us at (909) 783-1823 Larry Jr, Anthony CoIarossi, or wish to sPealc with �•Y Senior will take your can. if you Also, a v Las'Jr, You can reach brim at his cell phone.fax mg receipt and agreement 1%ru the City would be very a re- ciated by Colarossi Construction. As of today, we did not eta 1 PP fax sent to you regarding Lost Tune. g Y from the cic: Mr Blake Hudson (Attomcy at Law) bl/1041994 bu:24 801b349409 UULARUSSl CONS! PAGE 02 . 7- � 937126c4 P-01"213 wn. tile. 1027 f. THIRD sTR[Et `lt0610AT,oy COrCM CA 91719 Oder Neer W6660 � M & M Inc. LEGACY- (909) 371-1664 FAt. a= '> �••, •Cop Ig CUBWOw OOLAMO M, CN(NIQNLAND MEETIP Sh1p To J 76M AECME WYON ROAD COLAR03S( CON(.MIGHLAMO S-REEr) COLTON SAN 9ERDO J CA 9,7324 6 LA AcczWt P.O. MIaI��r COLAR03 Ship via Req Ship - k- LAMY O7T 08/31/99 arms Oro*r )ate Page L Zt'lOth�Net�O Qry Ord uty lllp Item No. OestMpt 1 pR 08/31/99 1 4 w • w • O U 0 T e w • • w y+lt Unit Price _•xt. Price 115 0 114 D M032004 NOS 436 BLACK GRATE iVDS1034 A'OI 48" FRAME EA 23A.680C 26,988.20 EA 68.3100 17,789.62 subtotal 434.777,82 sign"ovo Uarges S.00 ^1111: T6x ;4,695.28 Dab ��, Frslght 5.00 AP&a4"� � MeM iOt�l i3T.4T3.10 bl/ld/1994 04:24 8016349409 CULARUSSI CUNST PAGE 03 19093:12654 P-02/a3 1OZ7 I. TNIAD 3TRIET q Corwo CA 91711 USA LWGICE: 054672 (909) ST1-1296 Cxt. 0000 M Inc. LEGACY' (909) 371-266/, EA t. 0000 D. ■,.... CUSTO"". COLAROSSI C0111N16NLAND STREETI SKIP 10: 7A00 RECHE CANYON ptoW COLAROSS: COn14:6HLAND S'REETI WLTON CA gM4 - SAN OEROO SKIP rG TARO LH ACCOLNT P.O. N1N�CA COLARDS LAA*Y SHIP VIA REQ SNIP o/T TERMS 07/)1/99 INVOICE DATE PAGE WV ORD QTY SHIP qTY pry ITEM 40. Oi:3dp PT TON 2Ltpth'hei30 OAlOi/99 1 • • a * . HISTORICAL UNIT UNIT PRICE EYT PRICE • • 1 1 0 [SPQLX a 6 0 iSOGS ESPOLX EA 150925 xy 11/2 SRS RCV 147.226 S147.z3 12 12 i 1 0 i/2 B2Sav RP FfaCO FA 84.� $678.Z4 0 1SOT113f3V ll/Z-113 GV Nism WIBRASS NANO EA 201.03 $201.03 230 270 0 uss" RS S0-360 XER.-BUB EA 27.3000 $327.60 Z.SDO 2,500 0 14W EA 12 12 0 UF14 {MITE NTRE 0.30 $64.00 �RDT CORCRETE BOX R0 W/CI LID R 0.029 $T2.50 r1.5D0 11,500 p 15040 EA 500 0 100w 1 1/Z SU40 PIPE PVC 17.096 SM.15 4.500 4,500 0 73+10 1 3QK0 PIPE PVC FT 0.2610 $3,036.00 314 3CW PIPE PVC F7 0,1655 $82,75 170 170 0 401007 iT 0.1117 3/4 T $33 PVC 1502.65 ;5 15 0 401131 1X3/4 TEE sss PVC EA 0.1796 $30,36 a 8 0 502210 EA 115 115 1 1/2 X 3/4 T SST PVC 0.38 $5.70 0 4080D7 0 6 3/4 90 ss PVC EA 1.2293 $9.93 a d $6015 EA C.1406 16 16 60 1 112 UNION $16.17 0 TS�ON M 1 112 X 3 NIPPLE EA 6.75 $54.00 30 30 0 436015 36 36 1 1/2 fill PVC LA 3.35 553.60 7,500 T,500 0 ♦01210 1 1/2X3/4 7 SSS PVC EA 0.3676 $11.03 0 101 UF14 SLACK WIRE CA 1.44 $51.64 25 25 0 1010015 15 1 1/Z T s33 PVC tT 0.0290 1217.s� 25 25 0 409015 1 112 90 34 PVC FA 0.go" $20.16 2 2 0 1 1 0 WLa GAL GRAY GLUE 31+365 EA 0.6012 $15.03 6 GAL ?RIMER 71905 EA 27.17 $56,34 6 0 PATHT t 1 0 PTO MARKING PAINT 19.65 $19.65 6 IT PIPE DOPE I,MITESEAL EA S•31 $31.56 ` 0 1DOTT 1 TEFLON TAPE U 9.5659 4 � 0 CH15DlRG $9.ST 4 C~TE LARGE DAUBER tA 1.0666 56.40 5 0 RTQr M7651 OT CAN FA 1.620 $6.4a FA 1.79 $7.16 SUBTOTAL $5.942.93 Yg+ad RY: M13C. CNARGES $.Oa `'-- TAX W?'91 MwMrd�, PREtGHT $.Do Ul N� ��M a n%�y � TOTAL $6.400.77 Y M awl. mmr 01/10/1994 04:24 8016349409 COLAROSSI CONST PAGE 04 N lk N boys, Inc. ( 1909371564 P,03•'03 1017 E. THIRD S1R1tT ����o�r►o� COf" CA 41T19 USA INVOICE: 38181.; clog) 371.12% Ext. 0000 M M Inc. (l09I 571-2664 Ft. 0000 L.E G A C Y" by Udw- NiPLM WITOMER: CR A40 31 Clt(MIGNLANO STREET)► SKIP TO: 7600 WME CARTON ROAD COLAROSSI CCN(M:(',H,AAD STRE,T; ODL`CN CA 92324 SAN NERDO LM ACCOLWT '.0. "ER '.OLAR03 LARRY $"I° VIA RED SHIP TERMS 0/T 09/0 /99 1NVol'E DATE PACE p9/OZrlp t eTr M ptr SHIP OTY !lOrp ITEM No. 2%10th/Net30 acsat[PriCM w w • w • HIS 1 0 A I CAl UNIT UN7` PRICE EAT RICE s e o 03r(t CONCRETE BOX WNINGE0 Cl L/CVR EA 31.13 E249.04 SUBTOTAL $249.04 MISC. CHARGES tDO ------- TAX 119.50 `X van6dmya FREIGHT $.DO -^-- �..A....nw...++....._ ..,c ......,�,,.. TOTAL 5Z68.34 TOTAL p_03 .01/10/1994 04:24 8016349409 COLAROSSI CONST PAGE 05 qo A ;K7 s- 1 ! S o �Gusioo�ere�lociart-� D!v -to A/ Iry Rlport p PION Sol.eti6n: Cvt-off r+te g-prl�� JY � Cwt. M. �1 �grttaeo : Swab by NttOmer cede - a ftt - Date r' by loveiee Dale Del. Ado. Typo invtirf lnroicr Diseoint Roferoneo kober Vams/0 Tax Dist' Tex Qn Net After �••,....... ate Data Toesm Amami Aristt Disc invoice Status Customer LA19 �'dv' �-.�,,*,��„•sy �^ ROOM balAnc► (�a 1�.AR= casTxulfbf (9111-763-1ee� --" «,=Y- �..,.,.,......=Z_; 76N REC1,E CYN RD Credit GdfI D( Lisitt i.N Date fin1 1340-48 ;erssr 31 NET 38 last Inv: 21 SeP-91 COLT% CA ust payI a9-6rp-99 Aawntl -191.97 1'TD Salts x.86 IN VIM r! !il &31M 51�1i1 14-!loi-!y 31-t)et.+!! 0.M 0 N N.Ii Lie IW. 1N.i1 IN N 0 L N N M lie.ie 31 DAr5 1N 21is 1 P'! LM 0 N N LN �-N 21.Ii 30 DAPS s-stp-�!31 Ort-!9 1.M 0 1,N 6.N S.N 2L M 2 8 21.N 31 DAYS 1N 333221 lD- �D'M 31✓O�t-!9 /.M 1) 1.M 6.10 La V M 2i.i/ 21.ie 31 DAYS) ++ P*9jK4 Total w DAYS k Alt 161.11 lion: T nl C1T 3i IM 61 DRYS N DAYS OVER 121 F43 1.N III.Ii of LU 4.� IN 3"-Sop-y! 29.36 t 13.81 1.Yi 0.M 111.17 to 1931 pr 191.97 F01 IN L M - N.AIIT 6t 1N S"13 n Bop-» N-Ort X99 13.31 T 3.24 i.N i.10 72.79 1;1.57- e.ei 61 DAYS , Fab 1N 53nM � N-O -99 J.lb T 6.57 i.N L M 2.79 72.79 31 DEYYS i FES **P-!! 3Ftirt-!9 6.96 T 2.74 i.N dM 11.31 91.31 51.31 30 DAYS ` SAM FOB lM 531246 1!-iop-l1 39'fkt " 7.71 T 3,1,3 It N•!4 31.11 36.14 1N 331916 1 k'.N 4$,b � �� t � F(S IN X,O-t 7.71 T J.13 1.01 0.N Q-18 31 DAYS f� 1N 5Ja'416 ep-!! 3i�llrt-� 6.71 T 2.64 L N L M 42.11 12.iQ 42.06 38 DAYS FES S.N" 1�P-!! N-�kt-" 7.11 T 2.79 36.64 36.64 36.64 36 DAYS FOB ALW1T 6P IN l�P-" 31-04t-99 6.78 T 2. L N 1.N 31.14 38.84 38.81 IN 531123*-%P" *'dot-9f 11.16 T 134-A L 0.N L N 36.11 iii AAY6 I�ANt IN 31 0.11 0.01 36.64 36.64 30 DAfB FOS RAT 62 3b4533 tt-Stp-91 3i�rt-?9 11.4,3 T P8.6i i.?I 8 N x.31 33A.37 338„37 38 DAYS 1M 535157 r2-8iA' 3Wrt-9! 12-23 7 &13 L8i1 311.6a 39A.64 46,64 31 DAYS a* 6reJKt Total w 42978 1.0 1.p x•91 354.91 354.91 38 DAYS i 14!1.41 J M q11 61 � !1 0.M QVf A 12p CuslNOr Total H 2367! CQ�jWI ( Ri�T1tH 0.01 Average wy.Mnt Daly, 10 1671.41 fly �� N OisYS 60 DpyS 90 8At8 -------------_�..- ...�------- - L N 1171.41 I.he 0.p Wk 1M '3Or1 0SI1 SGB 6C6 ONQH k*16 .Irl"v:) 90' i I (Now 66 , 5z '1�0 �dl%lu/lJ9�# u4.14 �-OLAhuSSI CON-3T PAGE: 06 cif ■� CLV 1'wL A CO. mm�w�=�w�m�wm m�m TRENCH KATE REb1RL ZM'ANY 13217 LAURELD U AVE. Da11�EY CA 9K,42 BILLIN� 'NLJIRY: Bgg•833.3777 �tatt�ent of Account G�AF1tISSI"Ca1STR1JCT IQq 76 RCDE L)W" RD COL.TA CA 9323 Date .Paid Contract Description 10.`30 94 _X11 �l1-888E+96oi 1 X cW11:LIG �AFDESI J HAVE ANY MTI ECIA 1E YDUR awgLAEm CALL u5. AM LOOK FDRM TU 5EmNEI YOU urrrnt ver 38, 577.58�� �ver 68-.�ve�• 98__, @� ;a:a: 3ue� that P&MOt has Dorn LWO t t C RraR ' a� d�tio rte'" C I T Y 0 . 5an Bernardino D E V E L O P M E N T S E A V I C E S D E P A R T M E N T M 1 C H A E L E H A Y 8 0 1 R E C T O R October 21, 1999 File No. 7.37-5040 ` Colarossi Construction 7600 Reche Canyon Road - Colton, CA 92324 x,. Subject: Installation of Street Trees along Highland Avenue from "E"Street to Waterman Avenue. Gentlemen: Thank you for meeting with us on October 19, 1999, to resolve problems that have occurred relating to the subject project. We feel that progress has been made toward resolving our differences concerning resumption of work and compensation for delay incurred due to changed conditions at the site. It was agreed that your company will resume work on Monday, November 1, 1999, and complete work in the Street by December 1, 1999, so that our pavement rehabilitation project can proceed in a timely manner. You agreed to focus your efforts on the area between "E" Street and Sierra Way because that is part of the rehabilitation project. We received your FAX'ed material regarding "lost time cost". We will review the material and expect to have a response by October 29, 1999. Regarding payment for materials delivered to the site, we have not received any invoices from you for tree grates which you indicated have been delivered. As a result of the delay in receiving this information we will be unable to authorize payment by Thursday October 28 as agreed in the meeting. Additionally, we have been advised by our CDBG specialist that certified payrolls will be required prior to release of any progress payments. If you have any questions regarding this matter, please contact the undersigned at (909) 384-5179. Very truly yours, Michael W. Grubbs Senior Civil Engineer Cc: Michael E. Hays, Director of Development Services " Ray Casey, City Engineer 0 0 F eery nngson, qopVmr tign Inspector S i 8 E R N A R D I N 0 . C A L I F 9 2 4 1 8 . 0 0 0 (909) 384 . 5357 • FAX : 384- 5080 / P U 8 L I C W O R K S FAX : 384 -5155 '• 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 01 f FAX TO: RAYMOND CASEY FAX (909) 384-5080 FROM: COLAROSSI CONSTRUCTION 7600 RECHE CYN RD COLTON, CA 92324 LIC. # 742283 PHONE (909) 783-1823 FAX # (909) 783-9171 DATE: 10/20/99 - SUBJECT: LOST TIME COST BREAKDOWNS FOR LABOR AND EQUIPMENT THAT YOU REQUESTED. M you requested Mr Casey, please find the cost breakdowns that occurred between the dates of Sept 17 thru Sept 29. I(.Anthorry Colarossi) still believe that this job has caused Colarossi Construction further delays because of the fracturing of our work force due to the change conditions and the delays that it has caused. In time, I am sure that Colarossi Construction will be experiencing this matter. The total cost came out to be$18,489.52. CAL-TRANS QUOTES Because the Cal-Trans equipment estimate was very low, I recalled several equipment rm W 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 Yatrs and our company rates are better than all the rest(note several years of experience with OquiPment and the headacea they cause). Note, most of the equipment that we rent 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 dchneators. DELAY RATE FACTOR I am not familiar with this factor,but it sounds like a factor used for equipment cost sums that include equipment not used for a certain time period. Our equipment cost sums include equipnzat that we were anticipating on using for a certain day, thus if we had to rent this equiprncnt for I day, we must pay the daily rate. Note,this job is the type ofjob where the backhoe may work one day, but not the next day. In closing this subject, we will not charge you if the baekhoe was not used in a certain day. All in all,please look this over and give me a call if you have any questions regarding the data or anything else. Thanks Mr Casey and I look forward to heating your thoughts on this matter Anthony Colarossi Co: Blakc A Hudson,Attorney at I.aw ti �5 - 7 & #-ens ss � s "5 ``7 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 02 4 LS c v • e Q C v U - - m N0Ki0C0 0La cV tnCjmdOOn M C? N � r N N lA M .- W r A M M M e► +4 M 40 M M M a► r q S 8 � mWm_ _ 0 tad► NNMC4 — - .- �- -Wp aQ► (Q� m M M A M M M • N x $ g 78 cz L 88 � N r O _ �! M W N C Q - W r N U M C � O � U s •� W a - �V N a M m C E- 8 g oF; � co V °• i N M — r ISM a 866 " wwwm 0 in O U) A C Q N eq N r r r V M 40 40 40 44 164 ab o ` O U QQ � C W �' W IL cp LO ad P �. O m •� �3S n � C4 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 03 u7 v � V5 w 78 CD H �(/� .� O V m I u U ID O VJ *Olt "' `� j U U = z m m H Q cc 0 � °• Sooga � � � N � OCD � op p �qqp r .7 a sari N MN .- r N i�j►++ F yr � �, �o �u dg •� i h M M rn •• O 0 0000 p ao m op oD o6 Co co II !1 chi M r�i ar � O X � U a o n "' �, U- U 3008 - 000 0 � . � � � N � � � V ,nw pO ri CD 9L O ao � ` R � �, � �' 4 0 m � V O O �i W On f� W Cp N � V 0 a ul •Q" .cl t m 0 a.+ mo = — M v Alf r � Z t" a a.rrl z u� �ppb W Sig a 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 04 co try 9 - IRSg2S C N h f1'1 0 _ ...-- $ $ 5� � 5� � $ � y VH � s ,� 88QO CD o0ho � 0o o �- �c r+ M N oG N M m (0 �t M tM� A o N M N .- — N i o �O fA b arr ep (A � in d h vn h V � � M� pGp � D O 00000 �� 06 o0 a0 O 06 6 00 I� LL y W q OQ v cr W O c t. n b wi CD Ci P, cY �p , ,+ N M •- N M N .- o m Je to tm►� -06 A b r/ 14 �4 U V Q � ; 3 in H lu to � C3 CD "r c o c � U 0 � m Uo m 4 A + -ts i•.� ad H W a> S a 0 o ro a 8Y � .- � lu z z CD 3 �iw O ao R x � ti q � rag 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 05 Wi chi pp � h h F-� HH N f�A 4S H y N U N co S 0 C) 0 � 040000aoo s0 pp r+ W t� w N •r .� OC eV ri a N OD O N CO O N Q� w f? b N C`DN N � 0 A i4 C? b tO A b p N r c) r %n -n w� n o W) C r. M :z a " M M M .r �.l -+ a a O C 3 O C? 0 0 0 0 0 0 0 II OD (o nm ao ao ao op co 11 Q wl r 1L w V e32R �So�o2NC�5 � � ^ Uau) oo $ gog � W o cn �+ .• �c r � t= p oo �., O ui co 0o cj o ui �+ "d .19 m to LO CL o E $ .R o o C Cl)� C ID W m N '► Q n .. o m V c (� CD C ° L CL v � ma t!5 w c 7 c m ., c v W LV O M U . . .nn ao Zy J:) H ►y q � M N2 w � O r q r 8 W 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 06 c M a �f N � � � Vf q � � y � •,y n h - 'o f' tot� NN �crv�� � t� on H H HKMNi yH p�d S000000000 pp O t O O N N M N — N .- } m r/+ VD, at 4o- .0 F � Nhonv� n �nnQ o .n r � aoo � a o 0 00 000000 II Ch v v t- M to m .a 00 cQ cp OD OD CO m Cp C6 II � o a N `~ sh� CD W oO oo oo W fn (- �C ,•: �c h C- t� $ oG .Pi �y O W) CO W C1 O L6 h h N N en M c+t N N N H t7 - i a! '- N • m n7 N N "' o tV ,"J q +o- �u •n o ay +� to `�'� p�p �' J C4 N ]C Y f 4s W ° E Cl L to y F' 13 O O � C3 .0. Q Im U O r C W U V h Q = W IQ W tD N N Q N CL V O V] _ r R U Y U • y •� U :3 U U G U .0 C ` j t-4 c m � m Cz C� cli o v e, R Q Iii O ~ 0 .� b j C Q •a h r u NJ O U 3 tC p W m �3 •q U O 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 07 co a yyfl� y W F ,. Ir Na � �l� s �Q 4! H C4 _._ ... 0 o X �n iA %O t- m (V •-i aA M N awl (D N N) +4 N c'7 N p o. .sed► to Vf H H 'n o h .n n n - �' Q O O O O O O LL � wU J � y �( i•� M O O rti 4, Q L Q w ��, Q N � $ ` U u°, � U) °OO $ oo° ? o pp ao C) C) ui N en M N N �O M N N Cl) M N • a m N Q 0 O �°, F O Q f- .. m m CL i .. O D m .?� m O u Q 0 � � `t tl 1� W N N I,, � t U O Qn r i+ t' U _ o o _co C Y O A a b a C b W - a cc d4 TL Y }.i o Ajj a r � a � � U QQ 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 08 v cn hrV, � aIyy N ►-- 8 $ 88858 $ - " ° �p . II to I� N �Ch p y N ~ N ~ N H g C) 0 0 0 h O v1 4 0 O N .-i oc ri N 0p 8 8 M g H � n O n %n h n h - ^�' sg` � ^�'' � e5 � Q O OO ° o0 as oo co m ap ao 0o II N '.4p m cn d r 't) J CL LL cn fa CA N en M c� N N �p cn , N [7 !7 N O m 9 r O O A Y x m U v @ a+ w " m p Lo o -0 co W W to l CO N N n 1� U W) O m Vc o co dd X 3 a BHP � � ` 4p 'ml a ~ O � U N m 1Z U �W Y v Pon CD Q Lj O o f o � � w a ti � a pp = W .� = m 01/05/1994 03:43 8016349409 COLAROSSI CONST PAGE 09 Highland ve a EMIA work daim-C&I ui m ntal Rates FaQI;(Rl�ll� Code Hourly-Rate Delay Rte Traffic Control Safety Devices • Arrowboard w/trailer(`IR A 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 $17.54 .32 Ditch Witch( Model?) ? $ 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 $ 9.24 .30 Code A,General Rate(Tractors,Industrial, Farm& Skid Steer) ------------------------- Delay cbArgn John Deer 410 w/Backhoe-$ 16.41 per hour @ 8 hours; $ 131.28 Equipment- 100/9 overhead=$ 13.13 Total cost per day =$ 144.41 @.30 delay factor =$ 43.41 Igbor Coats One superintendent @$38.00 per hour plus overhead-$45.00 $45,00 x 8 = $ 360.00. Subtotal $403.41 Overhead @ 40% $ 161.36 total daily cost $ 564.77 SS I OI�I REpO ap-E->-E OCT-12-99 15: 50 ID:9093845155 CSB PUBLIC WORKS DIVISION J'OE LJMEER 1 1 4 I I�IFC)FZMAT I C3 I" CODE C:)I< TELEPHONE NUMBER 9783SI71 NAME( ID NUMBER) 801634S4499 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 43- - - ��` an Fje r nardino b 4 D O 6 V E L O P Y E N T 9 E N V )C!a O@ P A R T Y E N T H A Y S October 12, 1999 File No_ 7.37-5040 COZ.AROSSI CONSTR'C3CTION 7600 Rechc Canyon Road Co7toa,CA 92324 R� FROM EA TREET TO WATlER1KAN Av'ENUE ICY-AN7L1 AVEP7><JE Dear Mr. Colarossi: I have reviews=d 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 irrterprctation of your letter and those discussions is that you havo decidod not to abandon the protect,which is welcome rrews- Zf I understand your current concerns properly. after returning io work on Octobc r 5th, you b i ixin uncoid 'your - with the mutual agreement roachcd at our September 29th tweeting regarding the project daily production goals (sea attached letter dated October 4, 1999)- From the City's perspoctivq those agreed upon production levels were meant to be somewhat flexible goals to help us rnorritar the progross of the project. i)t*imAtely, the City staff recognized in that letter that you have oncouxrtered a "changed condition•' as Prescribed in the Standard Specifications for Public Works Co cartract, _ We then agreed to delete the -rrr=cbirxz and gaekfilling" as a lump sum cost in tt11 changed aeondition you on a --tirne and rnatcrials" basis, for this item of work affected bda s related to trio overall The City also recognized that the contractor is due additional working y sociated production goals axed delay Guesting anotherVchangc to the ontract for add tioaaleworlcins days preclude your f-aura froth req should you encounter other extraordinary subsurface conditions not currently errcounterc or contemplated as you suggested_ Duo to the upoorning holiday season, concern for the cost of the project, and also because we have another project scheduled in the same location on IZighland Avcnuq it is imperative that your firm returns to work on the project immediately if it is your inte"tion to complete the job. R T U at E s =. _ •>a T - P w Y O 7 - o o I P u B L WARD�MC C I T Y O F 5an bernardino �DED I`+10 D E V E L O P M E N T S E R V I C E S D E P A R T M E N T M 1 C H A E L E H A V E 0 1 R E 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 revie,%ved your letter dated October 8, 1999, received yesterday; and have discussed the situation with the City representatives who have been in contact with you and your representatives on this project. My interpretation of your letter and those discussions is that you have decided not to abandon the project,which is welcome news. If I understand your current concerns properly, after returning to work on October 5th, you became uncomfortable with the mutual agreement reached at our September 29th meeting regarding the project daily production goals (see attached letter dated October 4, 1999). From the City's perspective, those agreed upon production levels were meant to be somewhat flexible goals to help us monitor the progress of the project. Ultimately, the City staff recognized in that letter that you have encountered a "changed condition" as prescribed in the Standard Specifications for Public Works Construction. We then agreed to delete the "Trenching and Backfilling" as a lump sum cost in the contract, and to pay you on a "time and materials" basis, for this item of work affected by the changed condition. The City also recognized that the contractor is due additional working days related to the overall production goals and delay costs associated with this changed condition. Of course, this does not preclude your firm from requesting another change to the contract for additional working days should you encounter other extraordinary subsurface conditions not currently encountered or contemplated as you suggested. Due to the upcoming holiday season, concern for the cost of the project, and also because we have another project scheduled in the same location on Highland Avenue, it is imperative that your firm returns to work on the project immediately if it is your intention to complete the job. 3 0 0 N O R - - ' D ' : T R E E T . S A N B E R N A R D I N 0 . C A L I F 9 2 4 1 8 - 0 0 0 1 (9 0 9) 3 8 4 . S 3 5 7 • F A X : 3 1 1 4- 5 0 8 0 1 P U B L I C W O R K S FAX : 3 8 4-5 1 5 5 COLAROSSI CONSTRUCTION INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM"E"STREET TO WATERMAN AVENUE OCTOBER 12,1999 ' Alternatively, if you wish to abandon the project, please let me know within 48 hours so that we may expediantly proceed toward terminating the contract and pursuing the bond for this project. In addition, our deadline is also tomorrow to submit all necessary documentation in order for you to receive payment pursuant to the initial pay estimate for this project. Please contact me at (909) 384-5111 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, A47,le 1A 6,,eAl RAYMOND A. CASEY City Engineer RAC:pa - Attachment: Letter dated October 4, 1999 Cc: Henry Empeno,Deputy City Attorney Michael E. Hays, Dir. of Development Services Steve Enna, Construction Engineer Jarb Thaipejr, Civil Engineering Associate 2 I 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 5`h, 1999, around 4:15 p.m. to 4:30 p.m., I drove down Highland Avenue to see the contractor's progress during the 5-week period that I was off this project and on another assignment. I saw that the trench work on the south side of Highland Avenue had reached a point east of Pershing Avenue in front of a vacant office building. The end of the trench was covered with a steel plate and 2 delineators. At that time of the day, there was no work in progress and the contractor had obviously left for the day. HENR WIN ����/jf Co ion 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. HE=WIN SON �D��/sf Construction Inspector HW:pa P.S. Received the following response on my voice mail at 10:42 a.m. :- " Henry, this is Anthony Colarossi returning your call. We have no idea what the heck is going on right now, O.K. Your guys stopped the job. You want us there ? You don't want us there ? What's going on ? Why don't you get hold of your Engineers ? They've got everything screwed up here. Good-bye. " In view of the above I have requested Ed Stone (Public Services) to have two barricades set at the location of the broken concrete, which is east of the D/way App. 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. 03/31/1994 04:34 8016349409 COLAROSSI CONST PAGE 01 C- ve Ev� " C "" F(o V''1 Tok a��, 5 03/31/1994 04:34 8016349409 COLAROSSI CONST PAGE 02 FROM: COLAROSSI CONSTRUCTION 7608 RECHE CYN RD COLTON, CA 92324 LIC M 742283 TO: CITY OF SAN BERNADINO REPRESENTATIVES DEVELOPMENT SERVICES DEPARTMENT,. PUBLIC WORKS DIVISION Subjeot: Confusion on San Bernadino Streetscape job Date: 10AV99 - Dew City of Sir,aernadino RcprCsentnaives This ktt+er is to inform you that we have unnecessary confusion building on the Streetscape job on lfmh Ave and we need feed back from you, which we are not receiving. This confusion is stem- ming ftM the fhct that Colarosai Construction is trying to get in touch with Steve Enna (his phone number is not 00t/V(909) 304-5225 on his certified letter). Steve wi11 not return our calls. Also just Y'gw'day(10-07-99 Anthony Colarossi tried to have an inspector call him back(I left a message With Hcmy Wifimon), and he too did not call us back. The remainder of this letter, I hope, will identify WhY we need infarnration from the City of San Rmudino. MEETI1MrG ON 09/19/99 On the xft of September,Colarosst COnst[LKxlOn(Only 3 tneTt3be1'S shoaled because the City didn't w�tbc Mime r�s from Colarossi Construction byshow - j o w� W up at the 29th of September meeting, by city representatives at the 28th of September meeting)met with Rzy Casey, Steve Erna, acrd a Public Works representative. This meeting(29th)concluded that the City was going to abandoned the ten(10)PCO's(identified by Cohwossi Construction& requested by the City and turn the tratching into a time V-1d materials job,-Ra_ y Casey also said something about 300ft per 4y-And 2 dRys to cxosa inLer:'ection, and Y C �ifically said to Ray, we are not going to gum1mee anything because we haven i t rte. ahead of us. At this point it seemed that everyone wanted to leave the meeting,but 1 know that we had a lot of unanswered questions, like the following; We need to cut asphalt deeper(What about time for that) We needed to speak with the other partners(sauce they were not welcomed) (I said this at the mceting;thus, no decisions were wade at meeting) 3 New inspector going to in ng sped us and verity+T&M 4. When are we going to get something in writing(We need to know cities thoughts)? A7 7H Why is cvft ping going back to plan details(all changes are changed) P� r� 6 Does 300 ft include asphalt patching or just backfill ? Y6 Since Colarossi Construction identified several problems encountered(which a D�SG�r O°wotdd how provided aid aided m0neers w&evetapwg a true w di T'yE d AC�iLL . S o d0"' ,a teah'*C!/pees&ph,=V noCn estimate,and contrrctoxs estimate and C/7)-sdabak and phm af=xk)on Highland Ave(City agreed Change Condition), why'won't the city help us. This job gam,iced our October schedule_ 7-116 03/31/1994 04:34 8016349409 COLAROSSI CONST PAGE 03 WORK ON OCMBER 05, 1999 BUT NO INSPECTOR OR ENGINEER SHOWED UTP ON JOB SITE On the Sts 0100obear,Cdedro Con traction ne resentatives arrived at Pershing and Highland satiotf 00CAtion finished prior to being sent Stop Work Notice)and started to cut asphalt to a depth of 7 t4 8 itwbes At but 9 to LOAM, Anthony Colarossi noticed a San Berrasdino City truck j� pa ked new the old IHOP Mstaumnt looking at us saw cuttin the d0adod to g �'�. Anthony kept sawing and who and why this city truck i9 their(because it seemed that the driver did not want to tack with Am "), but when Anthony shut down the saw, the tnwk'sped offgoing Fast on L.ata!r in the day, a W&P MM-awtative showed up and wined to know were the water meter is going ♦♦ ,-"- to' and when oan he do so. Anthony infom,,a, this tor, who sfxtuld be person to get in touch with the inspec- ttmiving any time. ColaresW Construction packed up the job at about I6:30, and Colar� CongA cxion RePreswtatives noted that they did not see an inspector all day on 14-05-99_ We began to tf'nk that we arc not suppose to be on this job(at this time)because there is nobody fivin the(:ty verifying our T&M and whodule. SEVERAL PHONE CALLS TO STEVE ENNA AND CITY —� Prior end aher the 5th of October,Colmossi Construction made several phone calls to Steve Enna and otbat City Reprrsmtst because we were not $We what is going on. Most of the calls were X rnod;however, when tba city said they would get back with us, they never returned the call or we to QM them bade(the next day)to we what is going on. Note,some calls that we made were sending letters to our office, like the one attached, he will not inform us �whst be wits nor what we arc auppoW to do. STEVE ENNA ACCUSED COLAROSSI CONSTRUCTION OF NOT STARTING THE WORK WHICH IS NOT TRUE 1999 C01811086i W 00 gttve's letter(ttttsclbCd to this report)2nd p pk Steve said that as of October 05, convftcdon lass not started the work;however, Larry Senior k Junior, Robert, and AMhOny Colarossi were cutting asphalt from 06:00 to 16:00 on the Sth of October, Thus,, Steve did "00me out to KSMmd Ave(were he knew where we ended work on the 22nd of September) 7 boaam he would.have seen the doc"wal arrowboard(which we ended up obtaining to please him). Note,CdaOSsi CoMAWIM bad the right lane closed off from mini Arrowhead to past Simm on the lj South sick aft Aventie. ro �,� }- 03/31/1994 04:43 8016349409 COLAROSSI CONST PAGE 01 F(C)v �e s 03/31/1994 04:43 8016349409 COLAROSSI CONST PAGE 02 FROM: COLAROSSI CONSTRUCTION 7608 RECHE CYN RD COLTON, CA 92324 LIC # 742283 TO: MY OF SAN BERNADINO REPRESENTA'TMS DEVELOPMENT SERVICES DEPARTMENT PUBLIC 'WORKS DIVNION Subjoot: C n irsion an San Benudino StreetwAtpe Job Date. 10lOs/9d1` _ Dear City of San Berrkadiw Tbis WOW is to inform you that we have umeoessary confusion building on the Streetscape job on mad Ave and vm nod fend bade from you, which we are not receiving. This confusion is stem- Ming Sam the Aba that Colmossi Construction is trying to get in touch with Steve Enna (his phone number is not oorreet(909)3045225 on his cdtitied letter). Steve will not return our calls. Also just yesterday(]0-07-99), Anthony Colarossi tried to have an inspector call him back(I left a message with Hemy Wilkson), mid he too did not call us back. The remainder of this letter, I hope, will identify why we need a>frinnafmu from the City of San Bemadino. MEETING ON 09/29/99 On the 2M of September,Colarossi Construction(Only 3 members showed because the city didn't want all the partners from Colarossi Construction to show up at the 29th of September meeting, which was stated by city representatives at the 28th of September meeting)suet with Ray Casey, Steve Enna, and s Pubic Works representative. This meeting(29th)concluded that the City was going to abandoned the ten(10)PCUs(identified by Colarossi Construction 8t requested by the City )and turn the trenching into a time and materials job. Ray Casey also said something about 30OR per day and 2 days to cross intersection, and I(Anthony Colarossi)specifically said to Ray, we are not going to gumantee 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, like the following; I. We need to cut asphalt deeper(what about time for that) 2. We needed to speak with the other partners(since they were not welcomed) (I slid this at the meeting;thus,no decisions were made at meeting) I New inepecxor going to inspect us and verify T&M 4. When are we going to get something in wrtpng(We need to know cities thoughts)? 5. Why is everything going back to plan details(all changes are changed) 6. Does 300 ft include aRftk patching or just backfill ? 7. Since Colarossi Canstnw ion identified several problems encountered (which a si *mvestiption would have pevvxW and aided engineers in developing a true condi bona;6wftm a ro 1listic specs$Plana.eamm *s e9=4c,and conuacwn estimate and srbm ek Mad Pbn of attack) on Highland Ave(City agreed Change Condition), 'by wont the city bell?W. This Job w=thy impacted our October schedule. 03/31/1994 04:43 8016349409 COLAROSSI CONST PAGE 03 WORK ON OCTOBER 05, 1999 BUT NO INSPECTOR OR ENGINEER SHOWED UP ON JOB SITE On the 5th of October,Colarossi Construction repre wtatives arrived at perAung and Highland hrfa�ecUott(location�rishe 1 prior to being sent Stop Work Notice)and started to cut asphalt to a d A of 7 to S ineho At about 9 to IoAM, Anthony Colaroasi noticed a San Beroadino City truck parked near the old FHOP rtstsurrutt looking at us saw cutting the asphalt. Anthony kept sawing and dooidod to bad out who acts!why this City truck is their(because it sensed that the drive-did not wrart to tahk with Anthwy)~but when Anthony shut down the saw,the truck sped offgoing East on KWh1md• Lafar in On drty, a W&P repraffnative showed up and wanted to know were the water meter is going to be instMWd and when can he do so. Anthony informed this pe son to get in touch with the inspc- tor, wha should be arriving any time. Colaro&s Construction packed up the job at about 16:: 0, and CoiaraaM C0e04VO600 RtPre90ntativcs noted that they did not sce an inspector all day on I M5-99, We began to ON* that we are not suppose to be on this job(at this time)because there is nobody fiuu the City vaifYi%our T&M and schedule. SEVERAL PHONE CALLS TO STEVE ENNA AND CITY Prior'and&*M the 5th of October,Colarossi COnAnrction made scv+eral phone calls to Steve Emus and other CCAY Repro=tativea because we were not sure what is going on. Most of the calls were returned;hmvcvw,when the city said they would get back with us, they never returned the call of we had to cak them back(the next day)to sm what is going on. Note, some calls that we made were never returned. Attb x*k S"*=ooatW=Muhng lacers to our office,like the one attached, he will not inform us whit be W2M nor what we are suppose to do. STEVE ENNA ACCUSED COLAROSSI CONSTRUCTION OF NOT STARTING THE WORK WHICH IS NOT TRUE As noted on Steve's ktw(attached to this rep)rt)2nd paragraph, Steve said that as of October 05, 1999 Coh wOsm Con$MKDcm has not started the work; however,Larry Sensor& Junior, Robert, and Anony CaWUN i were cutting asphalt from 06:00 to 16:00 on the 5th of Octobm Thus, Steve did not com out to Viand AW(were he knew where we ended work on the 22nd of September) because he would have Seen the ekctrical arrowboard(which we ended up obtaining to please him). Note,CQhr`034 CMAnxtion bled the right lane dosed off from mid Arrowhead to past Sierra on the Saab tide of IfIft and Avenw. Antbony Coy w*W Ir+- 03/31/1994 04:43 8016349409 COLAROSSI CONST PAGE 04 0 I T Y OF 5an P, yrnardino cs+►a�o/saMT al11YIC!• Oa►ARTYlM1 r l • Is A a L 9 . N A V a • 1 ■ a a T • ■ 00601W s, 1999 File No. 7.37-5040 !�. Laery Cabroaaii Sr. COLAROM CONSTRUCTION 7600 Rabe Canyon Road Cohm CA 92324 REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STIZEE-1-TO WATERMAN AVENUE. Dow W.Coiwossi, COlamasi COnShuCtion was to start trenching on Friday, October 1, 1999. This work is to be performed on a tip and tnattrial basis, with a performance level of 300 lineal feet of trench per day. The City also aDOwed 2-days fot ti:=ching across each of the side streets_ As of today. Tuesday, October 5*, 1999, the contractor has not started the work and is not working diliS=tly towards the cvmplttion 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 saw as notification that COIATOSsi Construction has 48 hours from the receipt of this letter to start patfotzrting dfe trenching operation under the terms that have already been agreed upon. or the City will cvnei6W the eonkactor in default of his contract. If you have any questions please call me at(909)304-5225. Sinoerety, ffi�Q1A Coasattlotldn ✓✓ 'Cc: Miebtel Hays,Dime of Development Services 1!t+�Casty,City Engineer Moo Reqmw.Jr..Dtputy City Attorney Bart MantIM Construction Inspector 2 0 0 N p A T M ' D ' S T A t t T . 3 A N B t R N A a D N " S O I f 6 4- 9 4 1 5 1 . •A! : 324. l o a t r F u D t l e �. C � � c y y e 1w O R K a PAX : ash l lij 03/31/1994 04:34 8016349409 COLAROSSI CONST PAGE 04 C 1 T r OF • 5an ���tLO�1r�rT s1hYic/• PAPARTyfwT r i o 1r A I L t . �' A tr s October 5. 1999 File No. 7.37-5040 Mr. Lam'Colareaw Sr. C'OLARC SR CONSTRUCTION 1600 P-60bli 9 Road COMM CA REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET' To WATMWAN AVENUE. Darr W.Cohms"Mi, Colttros#' CouBtruction was to start trenching on Friday, October 1, 1999. This work is to be performed on a tied and matrttre basis, with a P�'ormanee Ievel of 300 lineal feet of trench per day. The City also allowed 2-days foe trenching across each of the side streets. As of today, Tucs&y, October. Sm, 19", 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 ensue that the project is Completed in a bclY manner and is not acting in good faith. %8 is to serve ns notification that Colarossi Construction has 48 hours from the receipt of this letter to staff POrfOrrnmg the trenching operation under the terms that have already been agreed upon. or the City will caewdw the contractor in default of his contract. If you have any questions PlCW call me at(909)304-5225. sincuely. ENNA Caq, MiGhm�1 WA CRIBey Dirt~ct of Development Services City rW VIM Ba"W,Jr-Deputy City Attorney MOMIft,Conswuction Inspector 1!>1111 /+ Ri $ f . ' 9TREE7 , SAn 8f ANA 40 NO f 0 f f '= A i i F „ d T Fs S M I S S I C31 I2 1—=F3,C .T >E>E>E OCT-05-99 17: 11 ID:9093645155 CSB PUBLIC WORKS DIVISION ..T C:)E3 ICI i_J M E3 E FZ 0 "7 8 I "1I CIRMAT I C:)lI-I CODE 008 TELEPHONE NUMBER 97639173 NAME( ID NUMBER) START TIME OCT-05-99 17: 10 PAGES TRANSMITTED 000 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 01 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 00 '00 THIS TRANSMISSION WAS NOT COMPLETED. PLEASE RETRANSMIT. LAST SUCCESSFUL PAGE 000 CITY OF .SAN BERzv .RDTNO Development Services I?epartrneat PLEnr-T< VyOIZKC DlyiSiO�i _p 300 aV,97"h "O"Screer, Sara Barraardirzo_ California 924!8 a aaa Phone_ (909) 3,"-Slll Fa_t (909) 38 -SISS FAX TIL�.NStiii'I"I'AL S�E'T Ica: G� L.Q .2 o s.S - Y'AGE.S= s LrsrECrr_ S T/�E ErSG�4�ivG o.c� .�iG N/—.��ItiI� �9�Nti� /9i�•�i�-�- I Your message Izerz... r I I (t i I I � ` A�$k NAJtp��o } O C I T Y O F a n bernardino 0 E V E L O P M E N T S E R V I C E S O E P A R T M E N T M 1 C H A E L E H A V S D 1 R E C T O R :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 start performing the trenching operation under the terms that have already been agreed upon, or the City will consider the contractor in default of his contract. If you have any questions please call me at(909) 304-5225. Sincerely, 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 3 0 C N 0 R T N n S B E E T , S A N 8 E A N A R 0 1 N 0 . C A L I F 9 2 4 1 8 - 0 0 C I (9 0 9) 3 8 4 - 5 3 5 7 • F A X : 3 8 4 - 5 0 8 0 / P U B L I C W O R K S FAX : 384 - 5155 POSTAGE POSTMARK OR DATE DECE RESTRICTED DELIVERY m ni CERTIFIED FEE-RETURN RECt,PT TOTAL POSTAGE AND FEES • m .SENT TO. NOINSURANCE NOTOR NTERNATIONAL MAIL - SEE Una SIDE lit- ...arry colarossi Cr a C} J CA 92 -44 2 PS FORM 3800 US Postal Service Receipt for Certified Mail J � ' -wcw - Yy L - � ..� ��mac.�L- �`•�i� 2+• _ o. A C C I T Y O F r °�tiaFD'is' 5an bernardino D E V E L O P M E N T S E R V I C E S D E P A R T M E N T M I C H A E L E H A Y S D I R t 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. 3 0 ^- N O R T H D ' S T R E E T . S A N B E R N A R D 1 N 0. C A L I F 9 2 4 1 8 . 0 0 0 (9 0 9) 3 .4 - 5 3 5 7 • F A X : 3 9 4. 5 0 9 0 / P U B L I C W O R K S FAX : ] 9 4 -S t S S Mr. Larry Colarossi Sr. COLAROSSI CONSTRUCTION October 4, 1999 File No. 7.37-5040 Page No. 2 REF: INSTALLATION OF STREETSCAPING ON HIGHLAND AVENUE FROM "E" STREET TO WATERMAN AVENUE. If you have any questions please call me at (909) 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 �Ea.*30E "TFZ 1SM I SS I C:) REpC:) 7 31E3-E30E OCT-04-99 16:07 ID:9093845155 CSB PUBLIC WORKS DIVISION ..TOB rILJMBEI2 052 I PlF012MAT" I C3 k4 CODE OK TELEPHONE NUMBER 97839171 NAME( ID NUMBER) 8016349409 START TIME OCT-04-99 16:04 PAGES TRANSMITTED 003 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 02 '37 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 _ CI7TY OF SAN B.ERNARI�,TrTp Developineat Services Department PL"SLIC V.vOIZTrS D ICY ' 300:Yorrh "D S'rreer- Sars Bernarcfirro, �4I8 Cc=[iJ��sia 9. Phone: (909) 38-$-3111 Far (909) 3a-s-5IS3 FAX TI2ANSZbiITTA1. CH"�FT PAGES: Your message here... I i - I � I` I I POSTAGE POSTMARK OR DATE DET'IRN SHOW TO WHOM,DA TE AND RESTRICTED ADDRESS OF DELIVERY DELIVERY CEPrnFIED FEE+RETURN RECEIPT ru TOTAL POSTAGE AND FEES - INSURANCE NO TSENT Tm L MAIL a- ir CtLAP-0 SI WiSTRUCTDA Er ATTN: t4R. cu-moSSI Lf] 76CU RE-l"HE CA.%jyvtj RD fU ru GCS. N LA 92324 a PS FORM 3800 �* RECEIPT FOR CERTIFIED MAIL .� UNITED STATES - WS(AL$MICE i+•G-�-.c.+�.��i�.�r�J!r�t�r�-��T�.���_-�`��_/mss-+�c.a�"�r_F+��::r�;>�i'��—��:a��-�� - F _ ' From: Colarossi Construction p 2�2a�n 7600 Reche Cyn Rd Colton CA 9232 S D 4 Lic # 742283 �P 1 7 15�� CITY OF SAN BERNAPDIND To• City of San Bernadino �EVE�OPME"', SERVICES DEPARTMENT Development Services Department Public Works Division Subject: Preliminary Change Orders (PCO) on Streetscape on Highland Avenue From E street to Waterman Avenue (due to Stop Work Notice sent 09/22/99 by Steven Enna) Date: 09/24/99 Summary It has been well over two weeks since the City of San Bernadino Inspectors(Bob Butler and Henry) have known about the 10"(on average)thick asphalt sections existing near the concrete gutters 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 people read the inspectors report?I must say you people have a very inefficient problem solving operation going on, if there is one at all. As stated in the Stop Work Notice, Steven Enna(for now on called Steve in this report)requested a formal request for "change in condition"from the City in writing,even though Steve has agreed verbally(phone call taken on 09/23/99 AM by Anthony Colarossi and Steve Enna)that there exist a change in conditions on the plans. After this,I informed Steve to please call my Dad(Larry Colarossi Sr)and continue negotiations and avoid time delays because Larry was informed by Steve that there is nothing wrong with the plans. As of noon today(09/23/99)no meeting was requested to be arranged by the San Bernadino office nor did the office call Larry Sr. With regards to information contained in the Stop Work Notice, the following is contained in this report.Note,most of these PCO's where 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#I on Cutting Asphalt&Disposal 2. PCO#2 on Cutting Concrete&Disposal 3. PCO#3 on Unmarked Abandoned Gas Lines and High Voltage Street Lights 4. PCO#4 on Subsurface Concrete Gutters(notified after the bid) 5. PCO#5 on Gate& Control Valve Placement in Sidewalk 6. PCO#6 on Concrete Placement Around Tree Grate 7. PCO#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 1 I. Alternative Rock Saw Trenching and Trenching Through Sidewalk Responses 12. Delaying Future Colarossi Construction Jobs 13. Time Delay Information PCO #1 on Cutting Asphalt & Disposal As shown on detail 98 of the plans, AC Pavement Back iTI 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 CHJ cores that have been taken more than 20' off from the Centerline of Highland, 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. T7r'1�1 Estimate Item Cost (unit) Unit Total Cost A'SP'Iq4t7 Recut Asphalt $ 1.00/ft 12,000 ft(step) $ 12,000.00 Excavate and Haul to Dump $83.00/yd 160 yds $ 13,300.00 PCO #2 on Cutting Concrete & Disposal In detail#8,the drafter placed the earth symbol at the top and bottom of the trench(bottom not shown on my drawing above). Thus,during the estimating phase, the estimator did not anticipate encountering concrete,especially 8"as we did at the Pershing intersection. Estimate Item Cost (unit) Unit Total Cost A6,e-645�0 Cut Concrete $ 1.50 1ft 2,600 ft $3,900.00 Excavate and Haul to Dump $83.00/yd 40 yds $3,300.00 r PCO #3 on Unmarked Abandoned Gas Lines We knew that we were going to do a lot of spot digging to uncover utility lines;however,we did not anticipate discov- ering abandoned and unmarked 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 tTie front end of the trencher and the operator up in the air,creating a very unsafe 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 Unsafe Ditch Witch and Bac khoe Replacement $200.00/day 44 days $8,800.00 Replace Ditch Witch Chain $ 1000.00 1 chain $ 1,000.00 W,) PCO #4 on Subsurface Concrete Gutters A couple of days before we started excavating.I was informed that we will be encountering subsurface culverts running thru unidentified intersections. Again,thanks slot San Bernadino for notifying us after the bid awarding. The reason that this upsets me is because the plans show that the main line(18" depth) is running right thru the concrete culverts because they start below the asphalt and end up at 2 feet below the asphalt surface,which indicates to me that the drafter(and all who signed these plans)didn't realize that the culverts existed. Also, I recall Larry Co- 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 ss Item Cost (unit) Unit Total Cost Special tool purchase(Mole) $4000.00 1 mole $4,000.00 Excavating, leveling,and setup $ 250.00/hr 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 Highland Avenue.For some reason, Steve says that all gate valves are placed in the sidewalk. If this is true,why didn't the plans state this. The following estimate A.C. Pavement Gate Valve Box places the gate valve from the street into the sidewalk. Estimate Item Cost (unit) Unit Total Cost Auger, saw cut, excavate, &install $ 250.001hr 30 hrs $7,500.00 �46u�6c; PeO #6 on Concrete Placement Around Tree Grate ;; In detail#I on sheet 6 of 6 of the plans, rebars are not indicated on the tree grates,which indicates that we have to $ffk S 1 D 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 Af sidewalk. Estimate Item Cost(unit) Unit Total Cost (110 Concrete Installation $ 100.00 100 $ 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 9ft 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 1 $ 3000.00 PCO #8 on 8' to124" trench depth Philip Colarossi and Larry Colarossi R where informed(by Henry)after placing main water line in the South side of Highland Avenue trench between E and D streets that the trench needs to be dug out 24"not 18"as shown on the approved plans. Inspector said Green Book says to place pressure lines 24"; however, there was no change in the approved plans. This information was given to us a few days after Colarossi Construction was notified of the 24" subsurface concrete culverts at the intersections. During the estimate phase,this part of the job was estimated according to the plans,which shows an 18"deep trench. Note, from estimating phase to initial start of excavating,we were not given information from the City stating that the -- plans 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 time of this job,we were experiencing the City being flexible with the plans and/or specifica- tions, specifically in the cities favor. The following is the estimated cost of increasing the trench depth from 18"to 24": Estimate Item Cost (unit) Unit Total Cost Boring &Augering Prep $ 15.00 100 $1500.00 Excavate $ 15.00 200 $3000.00 Recompact $30.00 200 $6000.00 PCO #9 on Material Import The first and last meeting with your soil's engineer(Hill Top)indicated that we had to place processed sand around the piping. I believe the reason for this is because the existing soil obtains gravels which could crush the pipe. Thus,the existing material can not be used around the pipe as shown in the plans. This will increase if the rock saw option is used- Also, material must be imported to make up for the 10"of asphalt that is being removed and hauled off site.Note, the following estimate does not include the 4"that we already estimated. Estimate Item Cost (unit) Unit Total Cost 'LJ Purchased,hauled,and placed $_ 35.00 200 yds $7,000.00 PCO #10 on Unnecessary Rework of Compacted Soil On Friday the week of the 17th,Hill Top(representing the City of San Bemadino)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, CHJ came out and performed sandcone testing,which indicated greater than 95%compaction effort,thus we wasted the recompaction time(West of Arrowhead)and the time we could have asphalted the road on that Friday. Item Cost (unit) Unit Total Cost 1 day of unnecessary rework(W of Testfill) $2000.00 1.0 $2000.00 Alternative method of trenching & sidewalk trench response According to the fax sent to the Colarossi Construction office,the Steve Enna has helped us in obtaining an estimate for the use of a rock saw. We believe Steve is trying to cut cost on the changing conditions occurring on this job by limiting the amount of cost due to this machine,the rock saw. It is obvious(from the telephone call made by Anthony 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 cost increases that Colarossi Construction foresees. According to the plans that Colarossi Construction estimated this job for,we did not believe that this job needs a rock saw(according to the plans). Although a rock saw may solve some problems, there are several reasons why we do not want to use a rock saw, nor sub out this job. 1. Unmarked gas lines and High Voltage Street Lights(dangerous and unsafe) 2. Sub contractor digs 250 ft/hr(Stop and go,pot holing) -- 3. Plans call for Saw Cutting Asphalt(is this now out) 4. Can machine work against concrete gutter and curb 5. Colarossi wants City to take full responsibility of damages caused by this machine(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 job and economical. If you are so sure that it will work,why don't you take the responsibility of this machine. 8a 1. Screening of asphalt(cobble size possible)from backfW may be required- 8a2. Recompaction more than doubles Bbl. Exporting of rock saw material(more than double occurring now) 8b2. Picking up rock saw material(not thought out yet) 8b3. Slurry baclriill cost 9. Plans do not call for a rock saw, and Colarossi Construction would have never have bid on this job if they knew a rock saw would be needed. Sidewalk Trench The following list identifies some of the problems(identified from the surface)that we would anticipate going through the sidewalk with the main line trench. 1. Water Meters next to back of curb 2. Street light poles(not to mention foundation)very close to back of curb 3. Signal light high voltage running neat to back of curb 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 Bemadino 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 $2000.00/day ??9,) $_???? Time Dray fnfnrmatiou A#&` city a9g6tiations on the above PCCVs, if any time impacts caused by the above PCO's will be provided to the City. 3.E31E31E -17IR dSM I SS I OI1i I2EPO�'—T avE>E3E SEP-22-99 16: 51 ID:9093845155 CSB PUBLIC WORKS DIVISION JOS I-ILJMSEI2 0 X 2 I I1iF012MAT I Oi-I C ODE OK TELEPHONE NUMBER 97839171 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 BERNAR DINO Development Services Department t a PL'Bx---YC 'bvOEres 1px3asTc> 300 tMa"A °ID-Scrcgr, San BQi-nardi�xo, CaL"vrnEa 92.418 Phone= (909) 38-X-St l I - FFwr (909) 38=1-SI SS FAX TI2AI�iSiV1IT'TAi. SZ3E�T TE: PAGES: sus.JECT= ST/2�E T.s�4�/�G oiv H/G�/�A.ci.� A1��G� i RE�I_�iRI%S= Your message hers... r.��•cJc-yv�,vG o�°E•c�Ai�o,J oc� N/�NL��l� tI fI i 14AItp��o C I T Y O F ND£D 1'.`t �� �n bernardino D E V E L O P M E N T S E R V I C E S D E P A R T M E N T M 1 C H A E L E H A Y S D 1 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: 3 C C N O R T H D ' S T a _ T . S A N B E R N A R D I N O , C A L I F 9 2 a f 8 - 0 C C I (9 0 9) 3 8 4 . 5 3 5 7 - F A X : 3 8 4 . $ 080 / P U B L I C W O R K S F A X : 3 8 4 - 5 1 5 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 9 (tNAjjp CITY OF SAN BERNARDINO Development Services Department PLBLIC WORKS DMSIOV NCO:Forth D Street, San Bernardino, California 92418 O lr.a Phone: (909) 334-5111 . Fax (909) 384-5155 FAX TRANSMITTAL SBEET TO: ' 1�' DATE: FAX: -7z ,3 - 9171 PAGES: FROM: S Tf– V E/v 6AAA SUBJECT: /'/A/G oiv ///G/1Z- 4110 4P66 IZA!� REM ARKS: Your message here... 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G 3 .O O p O c ° n O cd w d� w : ^ a 4,aw X G w l•: N > O G > " cpO 'C v Q -AD O 0 O ri to G ° o ' S a= U G U ° o o pp 0 0 ' G O c 0 o X 0 c°U U O C ca ca c U U c3 a v r r, k Ray Bob Bert HIGHLAND AVENUE STREETSCAPE ROCKWHEER OF THE TRENCH FOR THE INSTALLATION OF THE IRRIGATION LINES. COMPANY: Penhall CONTACT: Jimmy Thunderberk PHONE No.: 310-225-6690 COSTS: Move on - $ 152.00 Hourly rate - $ 250.00 PERFORMANCE INFORMATION: Maximum depth— 31-inches A.C. OR CONCRETE For 6 to 12 inches of A.C. — trench 300 to 400 lineal feet per hour For a combination of 6-inches of A.C. and 6-inches of concrete — trench 200 lineal feet per hour -------------------------------------------------------------------------------------- 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 - 30FEET SEPULVEDA N - 30 FEET S - 30FEET 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 IV o FFICC 626 960 237.5 zj.5�-C-4 -7 S U L G 4- NnS a��3 fs� tz� o �f, 2 - - _� y � ��1 _ l� oar _3/�lry_ ,►-r,, _ Z . tea' ,a GAtn_ 6a C2�w ( Ju P�' -�7 L/�3 -� - 14.vd 2"'A 7l�ec,� J 2ed6 i --------- ----- -- SENDER: I ■Check box at right if you require Restricted Delivery. I also wish to receive the ■Print r name and address on the reverse of this form so that ,return this card following services(for an extra feE b +. ■Attach this form to the front of the mailpiece,or on the back if space does not permit. ❑ Restricted Delivery i TTV Return Receipt will show to whom the article was delivered and the date delivered. 3 Article Addressed to: Consult postmaster for fee. 4a.Article Number COLUUSSI COkSTRUCTlt�f'� P 9 67 7 6 3 6 2 4 7t;Gj kELhE CANYON ROAD 1 COLTO;t Gti . 324 4b.Service Type ; ATTt3: MR.LURRY COLAROSSI SR. X CERTIFIED T t;x ra .- 4 7.Date of Deliverypp e : (Print Name) CF 4 9J3 _ -y C Iv d 8.Addressee's Address 6.SSiigna re:(Addressee or Agent) PS FORM 3811, December 1994 Domestic Return Receipt t CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: FILE FROM: STEVEN ENNA, Construction Engineer SUBJECT: HIGHAND AVERNUE STREETSCAPE. DATE: 9/221199 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 Larry Calorossi; Jr. and told him that on other streetscape projects the contractors had used a rocksaw for the trenching operation. I suggested that he check to see if this method would be a feasible. Larry telephoned me at approximately 1:00 P.M. to tell me that even if they rented a small rocksaw it could only cut 400 lineal feet a day. I suggested that they check with Penhall, that he could if they recommended he method that Base Line streetscape project that was constructed in 1997 the contractor had successfully used a rocksaw for the trenching operation and the entire operation was performed in four days. Also, Penhall stated that their machine would easily cut through the areas of thick asphalt and concrete. Penhall estimated that th,�ir 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. -93/16/1994 22:06 8016349409 COLAROSSI CONST PAGE 01 r COLAROSSI CONSTRUCTION GENERAL ENGINEERING CONTRACTOR Ca. Lic.# 742283 Ut. Lic.# 273713 7600 Roche Canyon Rd. Colton, Ca. 92324 Phone # (949) 783-1823 Fax# (909) 783® 1 e 1 nG d p � � 72 At5ir6 t Jr T h A a3 G O r r C 2 w-S �cil 02. �Ovl -fhe woe. � i �, 1 ���� ,� I � A d ��-�� P � . Cl\ m 0 (j RA JIJF OPMA4 �0� So ccaC Ntnnber of Pages Including This One: .03/16/1994 22:06 8016349409 COLAROSSI CONST PAGE 02 From: Colaroul Construction 7600 Reehe Cyn Rd Colton, CA 92324 Lic# 742283 Tb: City of Sun Bernadino Development Services Department Public Works Division Subject: Preliminary Change Orders (PCO) on Streetscape on Highland Avenue From F street to Waterman Avenue (due to Stop Work Notice sent 09122/99 by Steven Enna) swaawy It has boo well over two weeks since the City of Sam Bcrnadm Inspectors(Bob Butler and Hmry)have known about the 10"(on avttage)thick asphalt sections existing near the concrete gutters on Highland Ave. Not only have they seen the 10"dd&asphalt soctions,they have observed subsurface concrete roads rrtnamg perpendicular to Highland Avenue at D.Armot04 sad P nhint These i>ligtet1,rt have been told and observed us being delayed due to the asphalt and concrete that we are excavating stet of Ifieldend Aveeoe. Without guidance from the inspedors(regdrdwg change order procedare),the office(Devel- opevat Samoce De7partsncat)sends us a letter to Stop Wort_Don't you people read the inspectors report?I must say you people have a very inefficievit prublem soh ring apeaation ping on,if there is one at all. As stdod in the Stop Wort Notice, Steven Enna(for now on called Steve in this report)requested a formal request for "chaW in oondibon"&om the City in writing,even though Steve has agreed verbally(phone call taken on 09/23/99 AM by Agony Colarum and Steve Enna)that there exist a change in conditions on the pLans. After this,I informed Steve to plessa Call my Dad(Larry Colarossi Sr)and continue negotiations and avoid time delays because Larry was informed by Steve that there is nothing wrong with the plans_ As of noon today(09/23/99)no meeting was requested to be arrsap4 by the San Bernsdino office nor did the office call Larry Sr. With new Io ition ooaGaimd in the Stop Wort Notice,the following is contained in this report.Note,most of these PC M why cawed by the inspector's efiatrg ng the plans and are not related to method of rock saw trenching; dwcdxe,lboy an a sepauft issue. 1. PCO#1 on Cuffing Asphalt&Disposal 2. PCO 02 on Cutting Concrete at Disposal 3. PCO#3 on Unnnarked Abwxkm aci Gas Lines and High Voltage Street Lights 4. PCO#4 cm Subsurihee Concrete Cutters(notified after the bid) S. PCO aS or+Gate&Control Valve.Placement in Sidewalk 6. PCO 06 on Concrete Placement Around'free Gmtc 7_ PCO#7 on Traffic Control Dbvico a. PCO#8 on I8"to 24''IYeach Depth 9. PCO#9 on Material Impart 10. PCO#a10 on Unnec esutq Rework of Cmnpectcd Soil and Delays 11. Alternative Rode Ssw Trenching and Trenching Through Sidewalk Responses 12, Delaying Future Colarossi Constrwdon robs 13. Titno Delay Information 93/16/1994 22:06 8016349409 COLAROSSI CONST PAGE 03 4 � on Cuttiug Asphaft & Disposal As: one detail#a of the plans, AC Pavement Badcfif I+ICI 11= 0 Ik"n a �tgu", C have a t5"t:ng by ss. During the estimating phase, I am sure that the asphalt was wlY being by the side of the curb. Furthermore, averaging CHJ cores that have bees taken more than ZY off from the Centerline of Highland, one will obtain a thickness of about 3-I/2",which is normal This is just I of many items found on the plans that make these plans setm misleading on the scope of this job. TaMi�asbe �� � > Cost(unit) Uinit 'Iota! Coat BmGI ft and I�to Dump 300 d 12,000 R(step) S12,000.00 160 yds $ 13,300.00 Y,Sz,o PCo ols Cattilsg Concrete & Disposal Ia 4"#e,the aI c I Anoed the Mrffi"W d the Vp end bomm of the trench A"ft). T%Nk e�the S pbm,the cimator did not (baRtnm�e e, eq on my drawing M at the Pe�ins am'cipate concrete,especially 8"as we /� rl Esdmee be= Cwt(unit) unit 'Ibtsl Cost CM COMMAft S 1.50M BC Vft wd t�to Dump S / ,� $3,900.00 '�'d 40 Ydg $3,300.00 2� 03/16/1994 22:06 8016349409 COLAROSSI CONST PAGE 04 PCO #3 on Unmarked Abandoned Gas Lines We UM this we were going to do a lot of spot digging to uncover utility tines;however,we did riot anticipate discov- ering aband000d zad ummtndred 2"gas lines,which tort off a carbide tooth chain on our ditch witch,which helped the bsckbW whits was tied rip moving 6`of uncurl aphak On the!lift awomrter with an unmuked gets I=,our ditch witch trencher caught the 2"tine,wbich was located 16" below of asphalt,and tooit the front end of the trencher and the operator up in the air,creating a very unsafe aardliaa The eidewa$ a mesa squire that we believe ideadfied the unmuked gas line; however,on the next encounter of an urm etod gas hnr;the ditch witch chain snapped in half and we didn't see a meter square on the si&-wa&. The disabfied trencher was seat home whom it sits today.Note,wt not only damaged the trencher,we are losing time with the bK*hoe having to dig the mwh also- Estee Cost(unit) Unit Total Cost LLi Dim ws m.ed&dbu.RV6= .d S 200.00/day 44 days $8,800.00 )iteplaoe Ditch Wiwb Cbana $ 1000.00 I chain $ I.000.00 / NC PCO #4 on Subsurface Concrete Gutters A omupb of days before we started cxmvating,l was informed that we will be encom termg subsurface culverts rurtaing thru unidestifled iakrfoctions.Again,thanhta slot San Ber &no for notifying us after the bid awarding. The mum the this upsets me is because the plans show that the main line(18"depth)is running right thru the COf=ft CWvetts bmmm they stattt below the asphalt and end up at 2 feet below the asphalt surface,which indicates to rite that the dad tm (and all who maned these plans)didn't realize that the culverts existed. Also, I recall Larry Co- lamssi It wall told by Steve Enna that IWq should have Down that the culverts where there. Why did Steve have to U7 tbia7 FAdISOft hm Cost(ash) Unit Total Cost SPMW tool p (MOW) $4000.00 1 mole $4,000.00 Emovrtting.lovding,and setup $230.00ft 28 firs $7,000.00 03/16/1994 22:06 8016349409 COLAROSSI CONST _ PAGE 05 PCO #S on Gate & Control Valve Placement in Sidewalk As Wh"m in doatit#5 of the plaaa,the gate vain is shaven phwed w Aightand Avenge_For$ome reasom,Steve says that all gee valves are placed in the sidewalk.if this is true,why didn't the plans state this.The following estimate AC.Pavement owe Boat pis=the pre vaM ftm the street mta the sidewalk. lEt>� Cost(nait) Unit Total Cost A"w,aaw c,emrrrato,&indall S 230.00/hr 30 hrs $7,500.00 PCO #6 on Concrete Placement Around Tree Grate 12 dMW#1 an sheet 6 of 6 Othe pllans,Im ue not indi*Dd on the tree grates,which indicates that we have to place eooM*mumd the tree groks and increase the saw cut length.We did not plan to pour concrete around the tree VW ratilQ cW the eonciese and insert the tree grate and drill a We into the existing sidewalk and anchor grate to siAti�alk. Egi��tte N o Xb�a Cost(trait) Unit Total Cost casomb hwhimoa $ 100.00 100 S 10,000.00 PCO #7 on Traffic Control device InMNmtor Henry and his boss(assuming Steven 130M)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"into the air). Larry Jr met with Steve and Henry and the conclusion was that we had to punftee an arrow board. $sl1�IIIr � �Es-o Cat(luau) Unit Tbtal Cost Artaw Ekwd $3000.00 1 $3000.00 .03/16/1994 22:06 8016349409 COLAROSSI CONST PAGE 06 PCO 08 0"S ' o 24" trench depth Pldlip Cotsrasi and Icy t"olaraeV Jr where informed(by Henry)after placing main water line in the South side of Highland Avenue trench between E and D streets that the trench,=06 to be dugout 24" tot Was shown on the appruved)Piww InVOCtm said Gfm Hook nays to p1a0c pressure linen 240-1 however,these was no change in the approved plans. This information was given to us a few days after Colarossi Construction was notified of the 24"subsurface concrete culveeM at the it knee ems. the 09imM citric,tbis pact of Ot job was estimated accontling to the plans,which shows an 18"deep trewK Note,ft+om estimating phase to initial start of excavating,we were not given information from the City stating that the punt;ate not oorrvet nor were we informed sp=fic show are not correct. In fad,it wasn't until we started excavadng rho Anuwhesd tutCrIOCtiOn that the 24 inch trench war.being excavated, Also nakd,at the start time of this job,we were experiencing the City being fleadble with the plants and/or specifica- tions,gmdtic ally in rho cities favor. The fbllOvnng is iha estimated cost of incensing the umch depth from 18"to 24' 1 , libert � Cost(wit) Unit Total Cost Bodn & g Pmp $ 15.00 100 $1500.00 $ 15.00 200 $3000.00 H°mmped $30.00 200 $6000.00 r o tW PCO #9 on Material Import The l*rind hat mdaina with your war's engineer(Hill Top)indicated that we had to place processed sand around the piping.l behm floe i tasoa for this as because the existing soil obtains gravels which could crash the pipe- Thus,the existiM mOWW can nut be used around the pipe as shown in the plans.This will increase if the rock saw option is ttsed. Also,material must be imported to make up for the 10-of asphalt that is being removed and hauled off site. Note,the eNimate dm not include the 4"that.we aheady estimated_ EsthWe 5l., Its Cost(unit) Unit Total Cost Pa»hwd,hoihd,and pWW 7101� Y� V 5 J-�-Q 200 Y& 57,000.00 PCO #10 on Unnecessary Rework of Compacted Soil On Friday the Week of the l7th,Hill TOP(rqwftenfing the City of San Bernadine)engineering took nuclear gauge eCmpection teats in a teat fill and in a rwortpwW area.The mtclear gauge readings indicated less than 95%compac- tion in the teat fill(which was M%W recongaaod)area but sandeones later revealed the Compaction was greater than 95%even in the exact location of the nuclear tests.Hill'lop also failed a rocompacted area West of Arrowhead(testing inft: W no change in Ompaeteon effort and moisture Content was within specific4tion.The following Monday, CHd come out and pvrfor n mndoone testing,wbich indicated greater than 95%Compaction effort,thus we wasted the IL pact7lon time(West of Arrowhead)and the time we could have asphahzd the ,Won that Friday. Itm Cod(unit) Unit Total Cost I doy of ten rework(W°f'Ibtfin) $2000.00 1.0 $2000.00 .03/16/1994 22:06 8016349409 COLAROSSI CONST PAGE 07 r" Alternative method of trenching & sidewalk trench response Aeeordlttg to the Ux sent to the C 4now Construction office,tit Steve Enna has helped us in obtaining an estimate for the use of a rack saw. We believe Steve is trying to cut cat on the damaging conditions occurring on this job by li[[[ning the[savant of coat due to this machine,the sect saw.It is obvious(from the telephone call made by Anthony Colmom to Sseve Enna),Steve acid not tbimk 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 poaatbk cat increases that Colm om Construction foreaees. to the plans that Coinom Construction esumato jhWjob for,we did not believe that this job needs a rock saw(wooWdIng to the plans). Although a rock saw may solve some problems,there ate sevetiLl reasons why we do not want to tae a rode saw,nor sub out this job. 1. Unmeeked gas lines and High`Mange Street Lights(dangerous and unsafe) 2. Sub ousts=digs 250 ft/hr(Stop and go,put holing) 3. Flans call for Saw Cutting Asphalt(is this now out) 4. Can machine wane against ootcrete gutter and curb 5. Colaroasi wants City to take full responsibility of datrnages caused by this machbw(Bob, inspocim said machine will poobal*rip out any unmarked piping and take pavement with it). Bettvoeu E,D,sad Arrawbeed the gas lines were very close to sewer lines and water lies. If the unmariomd pipe is pulled out,it is possible that main water lines or other pipes come out with it. 6. Who VM to bench piatie what Open trench can not be sealed in days work 7. heat because the city saw a rock saw worst befte doesn't mean that its going to work fur this job and ccotawcaL If you are so sure that it will work,why don't you take the responsibility of this machine. Eel. S=Cuiag Ofaq"h(nobble size possible)from be*M may be required_ M2. RocowpactkM moan than doabics Ebl. E V tong of rock saw material(mote than double occurring stow) 02. PiciJvg up rock gaew=ftmW(not thought out yet) ttb3- Shat hwdabll cost 9_ Plans do not call for a rode saw,and COWUM Construction would have never have bid on this job if they lanew a rock saw would be needed- 9Mtawt� T�&&)*t*Ilea WWAMM some of the problem(identified from the surface)than we would anticipate going through the tidoM&wit the[twin line hcnch. 1. Wales Meters oau to balk of c u* 2. Street light poles(not to mermen foundation)very close to back of curb 3. Signal h&high voltage roasting next to bKk of curb in some area 4. Pmh*4'&DM P (WvcM students)and business owners would arise Delaying Future Colarossi Construction Jobs Acoordblg to the plans that ColafO=COMWT action perforated the bid on,we estimated the San Bernadine Streetscape Project would take leas than 43 days to complete. Since the plans were side Kling and the City of San Bernadino obtnans a very inrlIIcicat PfMcm 90 g gmuP,the schedule has bona drastically increased and will go into future jobs that we have plw med to perform after the San Bem xhno Strmtseape Project was complete,starts in mid October. EstWok DM Cast(start) Unit Total Cost U Deb" $2000.00/day ?777 $????? Di y FE"r»adon May 110MR'. a an the abovePCOPS,if any,tiboe impacts caused by the above PC-O's will be prmided to the City. a T I V I TY REPORT 4�E SEP-24-99 10: 32 ID:9093845155 CSB PUBLIC WORKS DIVISION GRAND TOTAL XMT PAGES = 002225 GRAND TOTAL RCV PAGES = 004437 GRAND TOTAL PRINT PAGES = 005658 No_ DATE START MODE IDENTIFICATION PAGE TIME CODE JOB No_ 01 SEP-22 14 :46 G3/R 9093882332 001 00 '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 '50 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 ,QK 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 10 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 909 890 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 01117 OK 015 18 SEP-23 12:00 EMMR/T 813+345+1624 005 02 .57 OK 016 19 SEP-23 12:06 G3/R 9093882332 001 00146 OK 20 SEP-23 14 : 23 EMMR/T 7146716721 003 02 '22 OK 018 21 SEP-23 14 : 26 EMMR/T 7146716721 002 02111 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 00 '36 OK 25 SEP-24 06:01 G3/R 909 371 8499 001 00 '42 OK 26 SEP-24 07: 58 EMMR/R 1909 886 4954 009 06 . 10 OK 27 SEP-24 08: 12 EMMR/R 8003441912 001 00 '39 OK 28 SEP-24 08:20 EMMR/R 909 338 6894 002 00 '53 OK 29 SEP-24 08:26 EMMR/R 9094783499 006 02 '41 OK 30 SEP-24 08: 38 000 00 .00 CALL 31 SEP-24 09 :22 G3/R 9093862332 001 00 .45 OK 32 SEP-24 10 :28 G3/R 8016349409 007 03156 OK ( ,010 WA O Sp Y C I T Y O F •BOG"DED IS 5afl bernardino DE V-eLOPMENT SERVICES DEPARTMENT M 1 C H A E L E H A Y S D I R E C T O 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 0 C N O R T H I 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 4 1 8 - 0 0 0 1 9 0 9► 384 - S357 • F A X : 3 8 4 - 5 0 8 0 / P U B L I C W O R K S F A X : 3 8 4 . 5 1 5 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 C I T Y O F r D iK 1 5an Bernardino DEVELOPMENT SERVICES DEPARTMENT Y I C M A R L J11 M A Y f O I R t O T O R ""August 27, 1999 File 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Re: NOTICE TO PROCEED: Installation Of Streetscaping On Highland Avenue From "E" Street To Waterman Avenue Gentlemen: 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 furnish 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 Au Acting City Engineer — 9 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 R T H ' 0 ' S T R E E T . S A N B E R N A R 0 1 N O . C A L 1 F 9 2 4 1 8 . 0 0 0 1 (909) 384 -11367 • FAX : 384- 5090 / P U B L I C W O R K S FAX : 344-5199 Y tiRNARp� O C I T Y O F V � a D� ,B��. 5an Bernardino DEVELOPMENT SERVICES DEPARTMENT M 1 C H A E L E H A Y S 0 1 i1 E C T O p ��F 901 sjO`"�61g August 5, 1999 File 7.37-5040 Colarossi Construction 7600 Reche Canyon Road Colton, CA 92324 Re: NOTICE OF AWARD: Installation Of Streetscaping On Highland Avenue From "E" Street To Waterman Avenue Gentlemen: 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 S158,433.00. 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 �N"orks or my office at (909) 384-5111. Very truly yours, --F:"T: MICHAEL W. GRUBBS Acting City Engineer JLC:lc Enclosures 3 0 0 N Q R T H S = E E T . S A N 8 E R N A R 3 1 N 0 . C A L = 9 2 4 1 8 - C � 1 (909) 384 - S3S7 • FAX : 354- 5080IPUBLIC WORKS FAX : 384 . 5155