Agenda 09/22/2015 Item # 6A 9/22/2015 6.A.
Office of the County Manager
Leo E. Ochs, Jr.
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August 31,2015
NR Contractors Inc.
Attention: Ray Muslimani,President
P.O. Box 110127
Naples FL 34108
Re: Public Petition request from Ray Muslimani, President, NR Contractors, Inc., requesting payment
for rock excavation for Contract 14-6197"Hammerhead and Designated Driveway
[onstrucdon."
Dear Mr. Muslimani,
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of September 22,2015,regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However,your petition may be
placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently
under litigation or is an on-going Code Enforcement case,the Board will hear the item but will not
discuss the item after it has been presented.Therefore, your petition to the Board should be to advise
them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner
Building(Building"F"of the government complex) at 3299 Tamiami Trail East, Naples, Florida 34112.
Please arrange to be present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance,please do not hesitate to contact this office.
Sincerely,
Mike Sheffield
Communications and Customer Relations Manager
MJS:mjb
cc: Jeffrey Klatzkow,County Attorney
Len Price,Administrative Services Department Head
George Yilmaz,Public Utilities Department Head
Joe Bellone,Operations Support Division Director
Joanne Markiewicz, Procurement Services Division Director
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9/22/2015 6.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 6.6.A.
Item Summary: Public Petition request from Ray Muslimani, President, NR Contractors,
Inc., requesting payment for rock excavation for Contract 14-6197 "Hammerhead and
Designated Driveway Construction."
Meeting Date: 9/22/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
9/1/2015 10:51:25 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
9/1/2015 10:51:26 AM
Approved By
Name: SheffieldMichael
Title: Manager-Communications&Cust. Relations, Communication &Customer Relations Division
Date: 9/1/2015 11:52:37 AM
Name: SheffieldMichael
Title: Manager-Communications &Cust.Relations, Communication&Customer Relations Division
Date: 9/1/2015 11:55:45 AM
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9/22/2015 6.A.
PROCEDURE TO PETITION THE BOARD OF COUNTY COMMISSIONERS
Public Petitions are limited to a single speaker, with a maximum time of ten
minutes. Generally the Board will not take action on public petition items on the
day the petition is presented, but may direct staff to take action, or bring back the
item to the Board at a future date for consideration. If the subject matter is
currently under litigation or is an on-going Code Enforcement case, the Board will
hear the item but will not discuss the item after it has been presented.
The County Manager may defer scheduling a public petition for a reasonable
period of time to allow sufficient time for staff to review the content and thus
prepare for questions from the Board.
Individuals wishing to petition the Board of County Commissioners should present
such a request in writing to the County Manager a minimum of 13 days prior to the
Board meeting date on which the public petition is requested to be heard. The
written request should be on the following form and include any exhibits and/or
backup material that may be pertinent to the petition.
It should be noted that your request and all materials submitted will become public
record and will be retained for that purpose.
Public Petition requests can be mailed to:
County Manager
Collier County Government Complex
3301 East Tamiami Trail
Naples, FL 34112
Or faxed to:
(239) 252-4010 Attn: Mike Sheffield
The County Manager will review your request and determine if the Board of County
Commissioners has the ability to legally act upon the action you are requesting.
Final determination of this request is at the discretion of the County Manager's
office.
The County Manager's office will notify you via mail the status of your request.
C:\Program Files(x86)\Neevia.Com\Document Converter\temp\167233.doc
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9/22/2015 6.A.
Request to Speak under Public Petition
Please print
Name: NR Contractors INC Ray Muslimani President
Address: P.O. Box 110127 Naples, FL. 34108
Phone: 239-272-5384
Date of the Board Meeting you wish to speak: At the next available meeting
Must circle yes or no:
Is this subject matter under litigation at this time? No
Is this subject matter an ongoing Code Enforcement case? No
Note: If either answer is "yes", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
For the Non-Payment of Hammerhead 10B
Please explain in detail the action you are asking the Commission to take (attach
additional page if necessary):
To look into this project to see if invoice for rock excavation can be paid.
C:\Program Files(x86)\Neevia.Com\Document Converter\temp\167233.doc
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9/22/2015 6.A.
CULVERT WORKS, INC.
INVOICE
Invoice Date: January 27, 2015
TO: NR CONTRACTORS Invoice Number: NRC01272015
P.O. BOX 110127
NAPLES, FL 34108 ATTN: Ray
Phone: (239-272-5384)
Email: Raymus @comcast.net
Job Description: Cul-de-sac Dumpsters at job site with the following pull dates:
Job Location: 12th Avenue
January 27, 2015 2@ 20 cy each $180.00 ea/cy $360.00
Loads (2) Total $360.00
GRAND TOTAL I $360.00 I
(Pricing includes all dump fees, hauling and any taxes)
8051 Friendship Lane, Naples, FL 34120
Office: (239) 348-8813 • Fax: (239)348-2436 • Cell: (239) 253-6454
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CULVERT WORKS, INC.
INVOICE
Invoice Date: October 30, 2014
TO: NR CONTRACTORS Invoice Number: NRC10302014
P.O. BOX 110127
NAPLES, FL 34108 ATTN: Ray
Phone: (239-272-5384)
Email: Raymus @comcast.net
Job Description: Cul-de-sac Dumpsters at job site with the following pull dates:
Job Location: 12th Avenue
October 30, 2014 2@ 20 cy each $180.00 ea/cy $360.00
Loads (2) Total $360.00
GRAND TOTAL I $360.00 I
(Pricing includes all dump fees,hauling and any taxes)
8051 Friendship Lane,Naples, FL 34120
Office: (239).348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454
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9/22/2015 6.A.
CULVERT WORKS, INC.
INVOICE
Invoice Date: March 15, 2015
TO: NR CONTRACTORS Invoice Number: NRC03152015
P.O. BOX 110127
NAPLES, FL 34108 ATTN: Ray
Phone: (239-272-5384)
Email: Raymus @comcast.net
Job Description: Cul-de-sac Dumpsters at job site with the following pull dates:
Job Location: 14th Avenue off Wilson Boulevard
February 4, 2015 1@ 20 cy each Asphalt $180.00/each
February 8, 2015 1@ 20 cy each Rocks $180.00/each
February 9, 2015 1@ 20 cy each Rocks $180.00/each
February 10, 2015 2@ 20 cy each Rocks $360.00/total
February 11, 2015 1@ 20 cy each Rocks $180.00/each
February 26, 2015 1@ 20 cy each Rocks $180.00/each
March 9, 2015 1@ 20 cy each Asphalt/Rocks $180.00/each
Loads (8) Total $1,440.00
March 9, 2015 Lowboy moved excavator/access $265.00
(from 14th Avenue to 16th Avenue)
Lowboy Total $265.00
I GRAND TOTAL ( $1,705.00
(Pricing includes all dump fees, hauling and any taxes)
8051 Friendship Lane,Naples, FL 34120
Office: (239) 348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454
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CULVERT WORKS, INC.
INVOICE
Invoice Date: April 3, 2015
TO: NR CONTRACTORS Invoice Number: NRC04032015
P.O. BOX 110127
NAPLES, FL 34108 ATTN: Ray
Phone: (239-272-5384)
Email: Raymus @comcast.net
Job Description: Cul-de-sac Dumpsters at job site with the following pull dates:
Job Location: 16th Avenue NW Cul-de-Sac
March 11, 2015 1@ 30 cy each Trees $320.00/each
March 12, 2015 1@ 30 cy each Trees $320.00/each
1@ 20 cy each Rocks $180.00/each
March 13, 2015 1@ 30 cy each Trees $320.00/each
I@ 20 cy each Rocks $180.00/each
March 16, 2015 2@ 20 cy each Rocks $360.00/total
March 17, 2015 3@ 20 cy each Rocks $540.00/total
March 18, 2015 2@ 20 cy each Rocks $360.00/total
March 19, 2015 2@ 20 cy each Rocks $360.00/total
March 20, 2015 1@ 20 cy each Rocks $180.00/each
March 23, 2015 14 20 cy each Rocks $180.00/each
March 25, 2015 I@ 20 cy each Rocks $180.00/each
April 1, 2015 2@ 20 cy each Rocks $360.00/total
April 2, 2015 1@ 20 cy each Rocks $180.00/each
April 3, 2015 1@ 20 cy each Rocks $180.00/each
Loads (21) Total $4,200.00
I GRAND TOTAL I $4,200.00 I
(Pricing includes all dump fees, hauling and any taxes)
8051 Friendship Lane,Naples, FL 34120
Office: (239) 348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454
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CULVERT WORKS, INC.
INVOICE
Invoice Date: June 8, 2015
TO: NR CONTRACTORS Invoice Number: NRC06082015
P.O. BOX 110127
NAPLES, FL 34108 ATTN: Ray
Phone: (239-272-5384)
Email: Raymus @comcast.net
Job Description: Cul-de-sac Dumpsters at job site with the following pull dates:
Job Location: Jung Boulevard
April 17, 2015 1@ 20 cy each Rocks $180.00/each
April 19, 2015 1@ 20 cy each Rocks $180.00/each
April 21, 2015(am) 1@ 20 cy each Rocks $180.00/each
(pm) 1@ 20 cy each Rocks $180.00/each
April 23, 2015(am) 1@ 20 cy each Rocks $180.00/each
(pm) 1@ 20 cy each Rocks $180.00/each
April 24, 2015 1@ 20 cy each Rocks $180.00/each
1@ 20 cy each Rocks $180.00/each
April 25, 2015 1@ 20 cy each Rocks $180.00/each
1@ 20 cy each Rocks $180.00/each
April 30, 2015(am-1) 1@ 20 cy each Rocks $180.00/each
(am-2) 1 @ 20 cy each Rocks $180.00/each
(pm-1)1@ 20 cy each Rocks $180.00/each
(pm-2)1 @ 20 cy each Rocks $180.00/each
(pm-3)1 @ 20 cy each Rocks $180.00/each
8051 Friendship Lane, Naples, FL 34120
Office: (239) 348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454
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NR CONTRACTORS
INVOICE: NRC06082015
INVOICE DATE: June 8, 2015
Page 2 of 2
Job Location: Jung Boulevard
May 1, 2015 2@ 20 cy each Rocks $360.00/total
May 4, 2015 1@ 20 cy each Rocks $180.00/each
May 8, 2015 1@ 20 cy each Rocks $180.00/each
Loads (19) Total $3,420.00
GRAND TOTAL I $3,420.00 I
(Pricing includes all dump fees, hauling and any taxes)
8051 Friendship Lane,Naples, FL 34120
Office: (239) 348-8813 • Fax: (239) 348-2436 • Cell: (239) 253-6454
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N:?
Contractors, inc.
i PO Box 110127 239.597.9083 Office
Naples FL 34108 239.5974227 Fax
INVOICE
INVOICE NO. 605
DATE 6-3-15
TO: Dayne Atkinson WORK PERFORMED AT:
Hammerhead Group 10B 12th Ave
Collier County Project No.59024.1 0 Naples, FL
Naples, FL 34104 Hammerhead Group 10B
Phone 252-5337
Fax 252-6448
Cell 239-877-8292
PO #4500151029
DESCRIPTION OF WORK PERFORMED:
SCOPE OF WORK UNIT QUANTITY UNIT COST TOTAL
12th Ave N.W.,West of Wilson Blvd LS 1 $39,409.00 $ 39,409.00
14th Ave N.W., West of Wilson Blvd LS 1 $39,409.00 $ 39,409.00
16th Ave N.W., West of Wilson Blvd LS 1 $39,409.00 $ 39,409.00
Jung Blvd. W., West of Wilson Blvd LS 1 $39,409.00 $ 39,409.00
Rock excavation at 12th Ave N.W., West of Wilson Blvd CY 60 $100.00 $ 6,000.00
Rock Excavation at 14th Ave N.W., West of Wilson Blvd CY 130 $100.00 $ 13,000.00
Rock Excavation at 16th Ave N.W., West of Wilson Blvd CY 360 $100.00 $ 36,000.00
Rock Excavation at Jung Blvd. W., West of Wilson Blvd CY 380 $100.00 $ 38,000.00
MOBILIZATION for 12th Ave N.W due to high water level Each 1
g Road $2000.00 $ 2,000.00
Remove 25'x55'x10" asphalt instead of 25'x55'x4" asphalt SY 153 $9.00 $ 1,377.00
pavement at 14th Ave N.W., West of Wilson Blvd
TOTAL $254,013.00
HH 10B Invoice#605 Page 1 of 1
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Go ier County Administrative Services Department
August 11, 2015 Procurement Services Division
Ray Muslimani, President
N R Contractors, Inc.
P. 0. Box 110127
Naples, Florida 34108
RE: Contract# 14-6197"Hammerhead and Designated Driveway Construction"
Quote - 14-6197-02 Group 10B
Invoice -Rock Excavation
Dear Mr. Muslimani:
After meeting and reviewing the items presented by NR Contractors for the work
completed on 14-6197-02 hammerheads Group 10B along with the invoice for the rock
excavation, the Solid and Hazardous Waste Management Division has decided to pay only
the total amount quoted for the project. The attached quote submitted by NR contractors
was for $157,636.00 with an allowance of$15,000.00 for a total quote of$172,636.00.
We were unable to locate any documentation of the additional rock excavation, or proof to
validate any permission obtained from the Project Manager or engineer on site. Any claims
for rock excavation were to be paid by using the allocated allowance in accordance with the
unit price provided and all claims required verification by the County's CEI onsite during
the construction project. Further, the quote specifically provided that in the event of
additional work, unit prices were to be submitted. The unit prices for each item are
requested to evaluate any change in work scope that may occur due to unforeseen
conditions.
For the reasons listed above the County will only authorize the quoted amount of
$172,636.00. Should you have any questions, please do not hesitate to contact me at
239/252-8935.
Regards,
Swainson Hall
Procurement Strategist
c: Dayne Atkinson,Solid Waste/Project Manager
Enclosures as stated
•
Procurement Services Division•3327 Tamiami Trail East•Naples,Florida 34112-4901 •239-252-8407•u nnr.coliiergov.net/procurementservices
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Dear Commissioners, August 21, 2015
On May 29, 2014, NR Contractors received a notice to proceed for Hammerhead
Group 10 B.
On June 9, 2014, we had a kick off meeting with Dayne Atkinson, at the meeting
Mr. Atkinson stated that any improvement to the current design of Hammerheads
would be welcomed. At that point, I mentioned to Dayne Atkinson that I had a
design that would eliminate deep excavation and that it would save the county
money especially when having to excavate rock. The other improvement would
be that storm water would not be trapped in the culvert thus creating a mosquito
pit.
On June 10, 2014, I met with the engineer to discuss the new design, to which he
pointed out that he would need 2 — 3 weeks to change the current design. At that
point Mr. Atkinson asked me to provide him a drawing showing the new design.
On June 20, 2014, I emailed Dayne Atkinson a drawing showing the new design, at
no cost to the county.
On June 23, 2014, Mr. Atkinson instructed me to proceed with the existing design,
and that you may implement the new design to future Hammerhead projects.
Since the new design eliminates the use of catch basins, I did not have shop
drawings for the catch basins.
On July 02, 2014, I submitted shop drawings for catch basins.
On July 08, 2014, the engineer denied the shop drawings and asked for wall
thickness to be revised from 6" to 8".
On July 09, 2014, I pointed out that FDOT allowed for a 6" wall thickness and that
the plans show 8" CMU wall construction, but not 8" precast construction.
On July 15, 2014, I received an email from Ramon Molina asking me to resubmit
the shop drawings for 8" precast wall thickness and he stated that I am running
out of time to complete the project.
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On July 17, 2014, I met with Mark Burtchin at ROW in regard to the catch basin
wall thickness and he approved the 6" wall thickness.
On July 18, 2014, we started excavation on 12th Ave for 10B and ordered catch
basins to be constructed with a lead time of two weeks.
During construction we encountered a high water table and cap rock.
On July 24, 2014 Ramon Molina, the CEI for the project, stated that we needed to
send an email to Dayne Atkinson requesting the use of the allowance.
On July 25, 2014 I sent an email to Dayne Atkinson requesting the use of the
allowance due to rock excavation.
On August 7, 2014 Dayne Atkinson ordered a stop work order due to high water
table and asked for an invoice for rock excavation to date.
On August 13, 2014 I submitted an invoice for $14,208.10 based on T&M.
On August 18, 2014 I received an email from Dayne Atkinson stating that he could
only accept billing using unit pricing. However, the purchase order# 59024.10
dated May 1, 2014 states that T&M should be used.
Ray,
I along with the engineer and the inspector have reviewed your request for use of the allowance. After
speaking with Finance the only way to bill the allowance is per the unit price that was submitted as part
of the RFQ, which is$100/CY. Based on that the most that can be billed against the allowance is$4,000
(2 X 20 CY box X$100). However, not all the of two 20 CY boxes that can be deemed as rock removal.
Please see below for details
The County's definition of "earth" and "rock" excavation is detailed in the Collier County
Technical Specification Section 312316 Part 1.2, Subparts A & B as shown below.
1.2 DEFINITIONS
A. Earth: "Earth" includes all materials which, in the opinion of the ENGINEER, do
not require blasting, barring, wedging or special impact tools for their removal from
their original beds, and removal of which can be completed using standard
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9/22/2015 6.A.
excavating equipment. Specifically excluded are all ledge and bedrock and
boulders or pieces of masonry larger than one cubic yard in volume.
B. Rock: "Rock" includes all materials which, in the opinion of the ENGINEER,
require blasting, barring, wedging and/or special impact tools such as jack
hammers, sledges, chisels, or similar devices specifically designed for use in cutting
or breaking rock for removal from their original beds and which have compressive
strengths in their natural undisturbed state in excess of 300 psi. Boulders or
masonry larger than one cubic yard in volume are classed as rock excavation.
NR Contractors identifies in their invoice the use of specialized equipment for rock
removal (i.e. Hydraulic Hammer) on two days for a total of 11 hrs between 7/28/14-
7/30/14. (Refer to NR Invoice Page 4).
Based on our interpretation of that Collier County specification and the contractor's
detailed invoice, it appears the contractor can claim rock excavation on the 2 days he
used special equipment to remove rock. From the contractor's invoice that would total
$3,462.10
On the other hand, this project was bid as a lump sum for each street and an allowance
for unforeseen conditions was specified by the County. A schedule of values (unit
prices) was requested from the contractor for various work items to be used to assess
change orders and drafts against the allowance. In this case a bid unit price for rock
excavation of $100/cy was bid by NR Contractors. This price covers all labor,
equipment, materials, and supervision needed to remove and dispose of the excavated
material.
The claimed additional work has produced two 20CY containers filled with
approximately 40 CY of excavated rock. However, based on our observation of the
work and the contractor's detailed invoice, only a small part of this work fits the
definition of rock excavation.
At this point we would recommend that the FOR classify the material in each container
and quantify how much is considered "rock". Once the quantities are known, the
County can apply the contracted unit price to determine the total value of the change
order.
If you have any questions, please feel free to contact me
Dayne Atkinson
Project Manager
Solid & Hazardous Waste Management Department
9950 Goodiette-Frank Road
PH: (239) 252-5337 Cell: (239) 877-8292
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On August 22, 2014 a meeting was set up for Dayne Atkinson, Brenda Brilhart,
Swain Hall and I to discuss the project and the invoice.
Dayne Atkinson stated that NR Contractors was using bad means and methods to
excavate rock. As an example, "they are using a screw driver instead of a shovel",
so the only way that he would pay for the rock excavation would be using unit
pricing. My reply was that no core samples were provided to show soil conditions
so we rented equipment to excavate normal soil conditions and lay culvert pipe.
At the end of the meeting I agreed to invoice the rock excavation using unit
pricing. However, I told Dayne Atkinson that I would invoice when the project was
100% complete.
On January 5, 2015 we received a Notice to Resume Work, so we remobilized to
12th Ave and began construction.
On February 2, 2015 we had completed the installation of the culverts. Due to
high water table, the soil had high moisture content and as a result we could not
construct the concrete pads. I asked Mark Rothenberger the CEI if we could move
to 14th Ave and start construction, Mark Rothenberger stated that I needed to call
Dayne Atkinson and ask for permission to mobilize to 14th Ave.
I called Dayne Atkinson's cell phone and left a message requesting permission to
mobilize to 14th Ave, later that day Mark Rothenberger told me that permission
was granted to mobilize to 14th Ave and any further communication with Dayne
Atkinson needs to go through Mark Rothenberger.
We began excavation on 14th Ave and we had more rock on 14th Ave than 12th
ave. At that point Mark Rothenberger commented that the closer we get to Jung
the more rock we will find and he was right because,
On 12th Ave we excavated 60 yards of rock.
On 14th Ave we excavated 130 yards of rock.
On 16th Ave we excavated 360 yards of rock.
On Jung we excavated 380 yards of rock.
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On April 10, 2015 Mark Rothenberger and I were discussing the fact that due to
heavy rock excavation we were running out of time to complete the project.
Mark Rothenberger called Dayne Atkinson and asked him about a time extension,
at that point Dayne Atkinson asked Mark if I was looking for a payment for rock
excavation and Mark replied no just the time extension. Mark stated that I should
send Dayne Atkinson a letter requesting a time extension.
On April 11, 2015 I sent Dayne Atkinson a letter requesting a time extension,
which was granted.
On June 10, 2015 we had a final walk-through of the project.
On June 12, 2015 we had the last inspection report, stating that the project is
100% complete.
On June 10, 2015 I emailed an invoice to Dayne Atkinson, Invoice #605 is
attached.
On June 19, 2015 I received an email from Dayne Atkinson.
Ray,
The attached invoice is being rejected for the following reasons:
• Authorization for use of the allowance was not requested.
o Use of the allowance requires backup
• Invoice needs to be verified and signed by the engineer of record
Please revise invoice and resubmit. If you have any questions, please feel free to call me.
Thanks
Dayne Atkinson
Project Manager
Solid & Hazardous Waste Management Division
9950 Goodlette-Frank Road
PH: (239) 252-5337 Cell: (239) 877-8292
I replied back that an email was sent on July 25, 2014 to Dayne Atkinson
requesting the use of the allowance due to rock excavation and I attached copies
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of invoices for 20 yard containers showing how many containers were hauled off
and its contents. I did not get a response so I called Swain Hall in Purchasing to
arrange a meeting to resolve this issue.
On July 1, 2015 we had a meeting with Dayne Atkinson, Swain Hall, Mathew Catoe
and Sandra Herrera.
At the end of the meeting Swain Hall requested a second meeting and to include
Mark Rothenberger to verify the rock removal.
On July 10, 2015 we had a second meeting with Dayne Atkinson, Swain Hall,
Mathew Catoe, Mark Rothenberger and Sandra Herrera.
At the end of the meeting Swain Hall requested for Mark Rothenberger to send
him all of the daily reports to verify the rock removal and he would have a
meeting with Sandra Herrera and Dayne Atkinson's boss to discuss his findings.
On July 29, 2015 I called Swain Hall to get an update in regards to the meeting
with Sandra Herrera and Dayne Atkinson's boss. He thought that the work has
been done and it was up to Dayne Atkinson and his boss to go in front of the
commissioners to request for payment.
On August 12, 2015 I received a letter denying payment for rock excavation.
In conclusion, I followed plans and specifications to complete the project. There
was a CEI, Mark Rothenberger, on the job that monitored the project, Monday
through Friday from the beginning of each work day until the end of each work
day.
In the past I have had two annual contracts, one with Utilities and the other with
Road Maintenance were I billed using unit pricing and never had a problem
getting paid.
Sincerely,
Ray Muslimani
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