1997-0815_PETAR ARTUKOVICH CONSTRUCTION_Response to Project Claims boa3
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���' MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
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1 JOHN GREINER
ISIR[R RPRRR1fR WYATT HART
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1776 i IDAVID M.SWERDLIN
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CITY MANAGER
GEORGE SCARBOROUGH
August 15, 1997 e44444#0121.
Petar Artukovich Construction Co., Inc.
Attn: Petar Artukovich
8243 Seranata Drive
Whittier, CA 90603
Re: Marbella Gravity Sewer
Dear Mr. Artukovich:
I have reviewed your letters of August 11 and 14, 1997, regarding project claims. Claims which have
not been paid are under review. I have, however, the following comments:
It is simply not true that all claims are outstanding since June 23, 1997, nor can the City provide a
commitment that claims will be paid.
It is completely unacceptable to the City for you to refuse to continue to work on this contract.
Failure to prosecute the work may necessitate the Director of Engineering and Building to terminate
the contract.
The City will certainly not entertain payment of$3,087.12 per day stand-by charges. There is no
construction direction outstanding.
The project completion date is September 13, 1997. The contract provides for liquidated damages
of$250/day after this date.
Very truly yours
avz.4,......
Brian Perry
Senior Civil Engine
BP:ssg
cc: William M. Huber (w/Artukovich letters of August 11 and 14, 1997)
11.1rtukovich letters of August 11 and 14, 1997)
brian\8-15marb.let
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
•
• PETAR ARTUKOVICH (562)
PHONE pas 947-4081
Contractor's License
No. 295300 Class A CONSTRUCTION CO., INC. FAX4 943-3260
8243 SERANATA DRIVE (562)
WHITTIER, CALIFORNIA 90603-1050
August 11, 1997
Mr. Brian Perry
Senior Civil Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Marbella Gravity Sewer
Dear Mr. Perry:
We are requesting immediate payment for our claims submitted to the City
for the extra work and additional costs on the above referenced project.
We have already paid the labor costs and some of the material costs of
these claims, but we are unable to absorb any more costs unless we are
reimbursed by the City.
To date, this project is almost complete, and we have received payment
for less than 20% of the contract amount. It is not economically feasible
for a contractor to have to finance almost 100% of a construction contract.
If we do not receive payment for our claims or a commitment from the City
that it intends to pay our claims, we may not be able to continue the work
on this project.
Very truly yours,
Aat,42/-rtZ
Petar Artukovich i a,
President
'ETAR ARTUKOVICH (562)
Contractor's License PHONEPCD
S 947-4081
No. 295300 Class A CONSTRUCTION CO., INC. FAX j 943-3260
8243 SERANATA DRIVE (562)
WHITTIER,CALIFORNIA 90603-1050
August 14, 1997
Mr. Brian Perry
Senior Civil Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Marbella Gravity Sewer
SUBJECT: Paving Phasing
Dear Mr. Perry:
This letter is in reply to your August 12, 1997, letter regarding the paving
phasing for the Marbella Gravity Sewer project. The paving reconstruction
work on Forster & El Camino Real south of Ortega Highway will begin after
midnight on the first night of paving and cold planing work. By midnight,
the businesses on Forster & El Camino Real will be closed, and our work will
not cause any interference. We will also have flagmen available if needed.
Also, any work not completed the first night on Forster and El Camino Real
will be completed the second night of paving work. We will schedule the work
to allow access in and out of the driveways for the businesses at this
location.
The paving and cold planing work on El Camino Real from Acjachema Street
to La Zanja will be performed during the day.
Currently, we have postponed the paving work on this project due to the
fact that we have not been reimbursed by the City for our claims submitted
since June 23, 1997. We can no longer continue to perform work on this
project without being paid for these claims or receive a written commitment
from the City that these claims will be paid. A summary of our claims which
remain unpaid are listed on the attached pages and total $127 ,483.62. We
will also be obliged to charge the City $3,087.12 per day stand-by time for
our equipment until this matter is resolved.
We are requesting a speedy resolution to this matter.
Very truly yours,
Petar Artukovich
President
cc: Dan Peterson, Claims Consultant
August 14, 1997
City of San Juan Capistrano
Page 2
RE: Marbella Gravity Sewer
LIST OF UNPAID CLAIMS
Claim
No. Description of Claim Amount Due
1. Saw cut concrete with rebars $ 11 ,155.37
2. Concrete with rebar removal 3,932.58
3. Wet material replaced with CMB 46,576.97
and slowing of operations
5. Uncompacted backfill in storm drain 18,622.33
adjacent to trench
8. Saw cut concrete pavement not 1 ,530.86
indicated on drawings
9. Removal of concrete paving 238.57
10. Cut & repair existing 10" sewer in 522.97
conflict with new sewer
11 . Locating mismarked utilities 2,954.24
60-01 Additional surveying services 1,033.23
12. Broke an unmarked water service at 2,360.24
Station 53+50
13. Equipment stand-by time while awaiting 2,412.85
alignment change due to utilities
interference from Sta. 60+00 to 64+35
14. Broke unmarked street light conduit on 4,527 .24
Camino Capistrano and repairs to conduit
15. Broke 8" AC water main mismarked 7 feet 8,373.20
from actual location at Sta. 59+63
16. Extra work due to alignment change because 16,566.08
of closeness of existing potable water lines
17. Loading & hauling charges for increased 2,441 .00
amount of asphalt & concrete pavement
removal due to increased trench widths
18. Extra work to extend sewer laterals due to 1,614.65
alignment change of 10" sewer
August 14, 1997
City of San Juan Capistrano
Page 3
RE: Marbella Gravity Sewer
List of Unpaid Claims Continued:
Claim
No. Description of Claim Amount Due
19. Extra work to install a 6" sewer $ 2,621.24
lateral at Sta. 60+87
TOTAL DUE = $127,483.62