HomeMy WebLinkAbout2020-10-29; Letter to the Palomar Airport Road Widening Project Contractor on the City's Respectful Workplace Policy and Allegations of Unfair Treatment; Gomez, PazTo the members of the:
CITY COUNCIL
Date10~bicA ✓ cc ✓
CM_~_ACM~'DCM(3) V
Oct. 29, 2020
Council Memorandum
To:
From:
Honorable Mayor Hall and Members ofthe City Council
Paz Gomez, Deputy City Manager, Pub ~~prks
Via: Geoff Patnoe, Assistant City Manager (Q-iY
{cityof
Carlsbad
Memo ID #2020244
Re: Letter to the Palomar Airport Road Widening Project Contractor on the City's
Respectful Workplace Policy a.nd Allegations of Unfair Treatment
This memorandum provides information on a letter to the Contractor on the Palomar Airport
Road Widening Project (Project), Contract No. 6043 and 6044, PWS19-745TRAN (Contract)
regarding the city's Respectful Workplace Policy and allegations of unfair treatment.
Background
On July 23, 2019, the City Council adopted Resolution No. 2019-128 and awarded a contract to
Just Construction, Inc. (Contractor) for construction of the Project. On Dec. 17, 2019, the city
issued a Notice to ~roceed to the Contractor, and the Project is approximately 55% complete.
The Contractor's schedule shows estimated completion in December 2020.
Discussion
On Oct. 14, 2020, during a regularly scheduled weekly Project' progress meeting, a member of
the Contractor's project management team accused a city staff member of harboring ill will,
having a personal agenda against him and claimed the city staff member based decisions on
emotion. City staff members who were at the meeting submitted emails to the Human
Resources Department documenting their concerns on what occurred at the meeting.
On Oct. 15, 2020, the Contractor emailed city staff asserting unfair treatment by the city in its
management of the Contract. The Contractor made these accusations against the city because
their request to work outside of the Contract work hours had been denied. The Contractor
noted that one of its subcontractors had been afforded an opportunity to work outside of the
Contract work hours but alleged that their request was denied due to race/ethnicity.
On Oct. 27, 2020, the city sent a letter to the Contractor addressing the city's Respectful
Workplace Policy and the Contractor's allegations of unfair treatment (Attachment A).
Next Steps
The city is committed to maintaining a respectful workplace environment for all employees. The
City's Respectful Workplace Policy applies to individuals or organizations with whom the city
contracts. The Contractor has been advised that it shall adhere to the City's Respectful
Public Works Branch
Construction Management & Inspection Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2780t
I I
· I
I
Council Memo -Letter to the Palomar Airport Road Widening Project Contractor
Oct. 29, 2020
Page 2
Workplace Policy and that city staff members have been instructed to terminate future
meetings should the Contractor's interactions become inappropriate.
The city will continue to engage the Contractor in a professional and productive manner to
ensure the safe, efficient and timely completion of the Project. In an effort to separate
contractual issues from non-contractual matters, the city has offered the services of the Human
Resources Department should the Contractor wish to file a claim of unfair treatment.
Contractual issues will continue to be addressed in accordance with the terms of the Contract
by the Construction Management and Inspection Department.
Attachment: A. City of Carlsbad letter of Oct. 27, 2020, Subject: Respectful Workplace;
Allegations of Unfair Treatment
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney
Laura Rocha, Deputy City Manager, Administrative Services
Judy van Kalinowski, Human Resources Director
Darrin Schwabe, Human Resources Manager
Babaq Taj, Engineering Manager
Oct. 27, 2020
Mr. Hector Romero
Just Construction, Inc.
3103 Market St.
San Diego, CA 92102
( City of
Carlsbad
Attachment A
Re: Palomar Airport Road Widening Project, Contract No. 6043 & 6044, PWS19-745TRAN
Respectful Workplace; Allegations of Unfair Treatment
Dear Mr. Romero:
This letter is provided in response to recent statements made by Just Construction, Inc. {JCI)
which do not adhere to the City of Carlsbad's {City) Respectful Workplace Policy nor the
professional conduct that is expected of a general engineering contractor in the performance of
a public works contract. This letter addresses the City's concerns about maintaining a respectful
workplace as well as claims made by JCI that the City acted in a discriminatory manner through
its actions and determinations in the management of the Palomar Airport Road Widening
Project {Project), Contract No. 6043 & 6044, PWS19-745TRAN {Contract).
Respectful Workplace
The City is committed to maintaining a respectful workplace environment that is free from
discrimination and harassment. The City's Respectful Workplace Policy, made applicable to you
by Section 7-13 of the Contract, is attached for your reference {Attachment A).
Following the Project's progress meeting held on Oct. 14, 2020, the City received several
complaints from those in attendance of inappropriate and unprofessional behavior by JCI
directed towards a member of the City's project management team. Specifically, it was
reported that while discussing contractual matters, including the City's response to a change
order request submitted by JCI, JCI asserted that a member of the City's project management
team was rendering decisions with a personal agenda and ill will towards JCI. Of equal concern,
several witnesses described the tone, tactic and language used by JCI throughout the meeting
as being aggressive and hostile. Whether or not it was intended, it is important that you know
that JCl's conduct during the meeting came across as aggressive, demeaning and hostile to
several members of the City's project management and engineering team.
It is critically important for the success of the Project and for the protection of all participants
that each and every member of the team is afforded an opportunity to conduct their work in a
respectful, non-hostile environment. Accusations of personal agendas, claims that employees
are acting with ill will and disparaging assertions that decisions are being made based on
emotion are antithetical to a productive and respectful work environment. Should this type of
Public Works Branch
Construction Management & Inspection Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2780 t I CMl@carlsbadca.gov
Mr. Hector Romero, Just Construction, Inc.
Oct. 27, 2020
Page 2
behavior occur in a future meeting, we have given our employees the authority to discontinue
the meeting.
This does not mean that JCI is precluded from disagreeing with the City on matters of
contractual concern. Disputed contractual matters shall follow the process provided within
Section 3-5 of the contract. If JCI wishes to file a claim of improper, discriminatory treatment, it
may do so by contacting Mr. Darrin Schwabe, Human Resources Manager with the City's · ·
Human Resources Department (Darrin.Schwabe@carlsbadca.gov; (760) 271-5548), so that he
may review pertinent information and conduct an investigation as necessary.
There will be contractual items upon which the City and JCI may not agree. In such
circumstances, JCI is directed to follow Section 3-5 of the contract to resolve contractual
matters and to contact Mr. Schwabe for non-contractual matters. However, under no
circumstance shall JCI engage with City staff, verbally or through written correspondence, in an
accusatory, demeaning or aggressive manner. City staff have been directed to end any future
meetings if the dialog becomes personal, disrespectful or hostile.
Unfair Treatment: Discrimination
On Oct. 15, 2020, JCI transmitted an email with subject PAR -Concrete Availability Concerns
Response (Attachment B) asserting discriminatory treatment by the City through its actions.
Specifically, in response to the City's rejection of a request by JCI that it be allowed to perform
work during daytime hours (i.e., a variance to the contract), JCI questioned the City's
motivations for denying its request by highlighting its status as a Hispanic-owned enterprise as
compared to JCl's subcontractor, Lekas Electric, Inc. (Lekas), whom JCI claims is a Caucasian-
owned enterprise and was previously afforded an opportunity to work during the day.
The City takes any and all concerns of unfair treatment seriously. If JCI wishes to file a claim of
discrimination, after reading the City's explanation for its denial of JCl's daytime work request
(see "Contract Authority and Determinations: Work Hours" below), it may do so by contacting
Mr. Darrin Schwabe, Human Resources Manager with the City's Human Resources Department
(Darrin.Schwabe@carlsbadca.gov; (760) 271-5548).
Contract Authority and Determinations: Work Hours
On Oct. 15, 2020, in response to the City's denial of a request by JCI to work outside of the
contract-stipulated work hours, JCI transmitted an email (Attachment B) with the following
statement:
"It is amazing how LEKOS which is a Caucasian owned firm was allowed to pour concrete
during the day on September 8, 2020 and September 23, 2020 under the same contract,
same exact circumstances, at the same precise location. JCI is being denied the same
Public Works Branch
Construction Management & Inspection Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2780 t I CMl@carlsbadca.gov
Mr. Hector Romero, JustConstruction, Inc.
Oct. 27, 2020
Page 3
request, as you are well aware that JCI is a small minority (Hispanic) owned business, we
beg to question why is JCI being denied this request?"
The following is provided in response to JCl's inquiry:
1. Although race and ethnicity are cited within JCl's email as a motivating factor for the
City's denial of JCl's request, in fact, the City has never considered the race, ethnicity,
color, creed, national origin, gender, religion, age, disability or sexual orientation of any
project participant or project stakeholder in managing and making determinations
regarding this contract.
As the head of the Construction Management and Inspection (CM&I) Department, I help
inform many of the critical and important decisions on the projects that our department
manages. This includes JCl's request of Oct. 14, 2020 submitted by Ms. Leonor Romero
for a request to work outside of the contract-stipulated work hours. I assure you that
the City's management of this Contract and our decisions when considering such
requests is no different than any other project -it is based on our assessment and
interpretation of the Contract and the merit of the individual requests. At no point has
City staff ever considered JCl's race or ethnicity status in responding to technical or
contractual requests or any other matters.
2. JCl's statement that the proposed scope of work to be performed during daytime hours
was of the "same exact circumstance" and "at the same precise location" is inaccurate.
The proposed work and the operation required to support that work is/was different
than the work that had been previously authori_zed by the City and performed by JCI.
Section 7-10 PUBLIC CONVENIENCE AND SAFETY prohibits the Contractor's operations
from causing unnecessary inconvenience. While this requirement applies to the
Contactor, the City's management team shares in the responsibility for ensuring that
public safety and protection of the right-of-way are not compromised as a result of the
Contractor's work. The importance of this obligation takes on increased significance
if /when the work deviates from the Contract. It was the City's determination that the
proposed scope of work had a risk of impacting public safety/ convenience, impacting
the public right-of-way, nearby businesses (commercial establishments) and their
patrons. This risk informed the City's determination that the proposed work should be
performed as required by the Contract, between the hours of 8 p.m. and 5 a.m.
Public Works Branch
Construction Management & Inspection Department
1635 Faraday Avenue I Carlsba d, CA 92008 I 760-602-2780 t I CM l@carlsbadca.gov
Mr. Hector Romero, Just Construction, Inc.
Oct. 27, 2020
Page 4
3. The Contract work hours for the Project were established prior to the bid date,
memorialized within the executed Contract and have not changed since. Section 6-7.2 of
the Contract states that, unless otherwise approved in writing, the hours of work shall
be between the hours of 8 p.m. and 5 a.m. From time to time, when it is determined to
be in the City's best interest (i.e., the timely, safe, and efficient furtherance of the
Project}, and when weighed against potential impacts to the City's residents, visitors,
business owners, business patrons, etc., the City may consider a variance to the
Contract-stipulated work hours.
The City has previously authorized JCI to perform limited-scope work activities during
the daytime on select occasions. All prior authorizations have been granted under the
terms of the Contract. Importantly, prior authorizations do not alter or change the
Contract requirements. The City's denial of JCl's request for a variance causes no harm
to JCI as the Contract work hours have not changed and thus the work has always been
required to be performed at night.
4. In citing the City's rejection of JCl's daytime .work request and prior daytime work
authorizations performed by JCl's subcontractor Lekas, JCI alleges discrimination against
JCI and/or favoritism towards its subcontractor due to their respective status (race,
ethnicity}. Lekas is JCl's subcontractor. Lekas is a. Project participant (only} because JCI
entered into an agreement with Lekas to support its completion of the Project. The City
does not have a Contract with Lekas nor does it share any interest with Lekas. Section 2-
3.3 of the Contract states, in full: "Subcontractors shall be considered employees of the
Contractor, and the Contractor shall be responsible for their work."
If Lekas performed work during the daytime, it is only because the City authori.zed JCI to
perform daytime work and JCI, in tum, had Lekas perform the work for JCI. If JCI
perceives daytime work to be a benefit, then JCI may consider having received the
benefit ofperforming work (through its subcontractor) during the day. For the record,
the City does not view day work vs. night work as beneficial or consequential. Rather;
the City's assessment of requests for deviations in the Contract work hours are based
upon the benefit to the Project while considering the requirements of the Contract,
public safety, convenience and potential impacts to the right-of-way and private
property.
5. Finally, JCI submitted its request to work during the day because, as stated in Ms.
Romero's email of Oct. 14, 2020, JCI would not be able to secure concrete until "the last
week of October for night delivery." The scheduling constraints for securing concrete for
Public Works Branch
Construction Management & Inspection Department
1635 Fa raday Avenue I Carlsbad, CA 92008 I 760-602-2780 t I CMl@carlsbadca.gov
Mr. Hector Romero, Just Construction, Inc.
Oct. 27, 2020
Page 5
night work is a known factor within the industry and had been a topic of discussion
during several progress meetings. The City did not find justification for introducing
additional risk and potential impacts to public safety, the right-of-way, adjacent
businesses and their patrons as a result of the Contractor's inability to properly schedule
its work.
' Ultimately, a few hours after JCI transmitted its Oct. 15, 2020 email claiming
discrimination due to the City's rejection of its request to work during the day, JCI
notified the City that JCI was able to secure concrete for the evening of Monday, Oct.
19, 2020. The City is thankful that the Contractor was able to mitigate the potential
delay on short order. The ease with which the Contractor was able to resolve the matter
supports the City's assessment of the situation -that a relatively minor scheduling issue
on the Contractor's end did not provide justification for deviating from the Contract
work hours and introducing risk to the project.
Contract Authority and Determinations: Signal Pole, Storage
In a letter dated Oct. 15, 2020 with subject City Change Order NO. 06 I Response to City's Letter
Dated October 13, 2020 (Attachment C), JCI asserted the following:
"As everyone involved in the contract is aware the contract requirements have been
broken in many aspects to date, LEKOS has been allowed to work during the day, Lekas
have allowed to use the city's property to store materials and equipment, etc. while JCI
has not been given the opportunity for the same privileges."
This statement by JCI is inaccurate in the following ways:
A. The Contract has not been broken. The City continues to operate within the terms of the
Contract.
B. The City has provided JCI with authorization to perform work during the day. JCI, in turn,
has directed its subcontractor, Lekas, to perform this work for them.
C. Early in the Project, JCI requested payment for materials procured under the Contract.
The City does not allow for payment of materials that have not been installed unless the
materials have been received and are in the City's possession or unless the materi'als are
stored in an offsite, secure location that is licensed, bonded and insured. JCI was unable,
or did not wish, to secure a licensed, bonded and insured facility. In the spirit of
partnership, the City accommodated JCI by allowing it to store Project materials at a City
facility so that JCI could receive payment for these high-cost items. All discussions and
agreements regarding this item were made between the City, JCI and JCl's
subcontractor, Lekas.
Public Works Branch
Construction Management & Inspection Department
1635 Faraday Avenue I Ca rlsbad, CA 92008 I 760-602-2780 t I CMl@carlsbadca.gov
Mr. Hector Romero, Just Construction, Inc.
Oct. 27, 2020
Page 6
Conclusion
It is my determination, based on my professional experience and a review of the Project file,
that the City's actions under this Contract have been appropriate and consistent with the
requirements and spirit of the Contract.
Should JCI choose to pursue a claim of discrimination against the City, you are advised to
contact Mr. Schwabe of the Human Resources Department {Darrin.Schwabe@carlsbadca.gov;
{760) 271-5548) to file a claim.
Any future Contract disputes shall follow the appeals process under Section 3-5 of the Contract.
Sincerely,
Engineering Manager
Construction Management & Inspection Department
Attachments: A. City's Respectful Workplace Policy
B. Mr. Hector Romero of JCI email of Oct. 15, 2020, 11:45 a.m.
C. JCI letter of Oct. 15, 2020, Subject: City Change Order NO. 6 I Response to City's
Letter Dated October 13, 2020
cc: Paz Gomez, Deputy City Manager, Public Works
Robby Contreras, Assistant City Attorney
Darrin Schwabe, Human Resources Manager
Valerie Airey, Municipal Projects Manager
Public Works Branch
Construction Management & Inspection Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2780 t I CMl@carlsbadca.gov
City of Carlsbad -Respectful Workplace Policy
/if\COVID-19 Information
\~/
Page 1 of l
Attachment A
Latest health orders. prevention information. case data and assistance information.
{city of
Carlsbad
Ca l i forn i a
Respectf ul Wo,_r kp lace Po li cy
The City of Carlsbad values a diverse workforce and is committed to providing equal
employment opportunity to all applicants and employees regardless of race, sex, religious
creed, color, national origin or ancestry, physical or mental disability, medical condition, marital
·status, veteran's status, age or sexual orientation. This commitment applies to all personnel
actions, including but not limited to compensation, benefits, terms and conditions of
employment, opportunities for promotion, training and development, transfer, and other
privileges of employment.
The city also values respectfulness, collaboration, and teamwork in the workplace and
prohibits any form of discrimination and harassment that would otherwise conflict with these
values. Any applicant, official or contractor found in violation of this policy will be subject to
appropriate sanctions. Any employee or officer found in violation of this policy will be subject to
disciplinary action up to and including termination.
It is further the policy of the City of Carlsbad to comply with the letter and spirit of applicable
local, state and federal laws concerning equal employment opportunity.
For questions about the city's policy, please call 760-602-2440.
https://www.carlsbadca.gov/services/depts/hr/respect.asp 10/20/2020
ADMINISTRATIVE ORDER NO 45 (REVISED)
This order supercedes Administrative Orders 45 and 56
TO:
FROM:
ALL DEPARTMENTS
CITY MANAGER
RESPECTFUL WORKPLACE & NON-DISCRIMINATION POLICY
PURPOSE
In harmony with the City's mission to provide top-quality service that enhances the
quality of life for all who live, work, and play in Carlsbad, the City is committed to
maintaining a workplace that respects all individuals and is fr_ee from discrimination and
harassment in any form. This policy outlines: I) the behaviors, practices and activities
that are expected in the workplace, 2) the responsibilities of employees,
managers/supervisors and the Human Resources Department, and 3) the actions that wilJ
be taken to ensure this policy is affirmed.
POLICY:
• The City values a diverse workforce and is committed to providing equal employment
opportunity to all applicants and employees regardless of race, sex, religious creed,
color, national origin or ancestry, physic!).l or mental disability, medical condition,
marital status, veteran's status, age or sexual orientation. This commitment applies to
all personnel actions, including but not limited to compensation, benefits, terms and
conditions of employment, opportunities for promotion, training and development,
transfer, and other privileges of employment.
• The City also values respectfulness, collaboration, and teamwork in the workplace
and prohibits any form ofdiscrimination and harassment that would otherwise
conflict with these values. Any applicant, official or contractor found in violation of
this policy will be subject to appropriate sanctions. Any employee or officer found in
violation of this policy will be subject to disciplinary action up to and including
termination.
• To ensure that the City's respectful workplace is preserved, a timely complaint
procedure to report violations of this policy is available to all individuals. Human
Resources is responsible for administering this complaint procedure, including
authorizing and/or conducting an investigation and, in consultation with the affected
department, recommending disciplinary action commensurate with the severity of the
offense and other appropriate remedial action.
1
RESPONSIBILITIES .
All City Employees:
• Mode] behavior that respects aJ1 individuals in the workplace and that complies with
the principles and spirit of this policy.
• Report any act that he/she belteves in good faith constitutes harassment or
discrimination, as defined here, to management or to the Human Resources
Department.
• Maintain confidentiality in any investigation that the City conducts by not disclosing
the substance of any investigatory interview, except as directed by the Department
Head or Human Resources.
• Cooperate fully with the City's investigatiop into alleged violations of this policy by
respc;mding fully and truthfully to all questions posed during the investigation.
Management and Supervisory Employees (including Officers and Officials):
• Be knowledgeable about this policy and model behavior that respects all individuals
in the workplace and complies with the principles and spirit of this policy,
• Inform and communicate this policy to your employees, answer any questions and
provide guidance to employees regarding appropriate behavior in the workplace.
• Be proactive in monitoring yolir work environment and take immediate appropriate
action to stop potential violations, such as removing inappropriate pictures and
correcting inappropriate language. . · ·
• Take complaints of discrimination and harassment seriously by immediately dealing
with the situation, listening to the complaint, assuring the victim of protection against
reprisals or retaliation, and immediately reporting the complaint to your Department
Head and Human Resources for further action.
• Implement appropriate discipline and remedial action after the investigation.
Human. Resources Department:
• Ensure that all employment decisions and practices comply with this Administrative
Order.
• Communicate the policy of respectful workplace, non-discrimination and equal
opportunity employment through internal and external postings on official bulletin
boards, in employee orientations, in training, and through other employment
documents.
• Provide guidance and training to managers and supervisors regarding their
responsibilities as outlined in this Administrative Order.
• Administer the complaint procedure, including authorizing and/or conducting
investigations and in consultation with departments, recommending disciplinary
action commensurate with the severity of the offense and other remedial action.
2
DEFINITIONS:
Below are definitions of words or phrases that will help you to understand thi°s policy.
Many of these definitions occur in the law and are spelled out in detail to ensure that
specific behaviors that have legal consequences are clearly understood.
Respectful Workplace means a work environment in which all individuals treat one
another in a courteous, honorable and esteemed manner. Behaviors that'promote the core
competencies of effective teamwork, collaboration, leadership and quality customer
service will be the standards by which all employees will be evaluated.
Protected Classifications identified in the law include: 1) ~ individual's sex, race,
religious creed, color, national origin or ancestry, physical or mental disability, medical
condition, marital status, veteran's status, age or sexual orientation (heterosexual,
homosexual or bisexual); 2) an individual who is perceived to have a protected
classification; and 3) an individual who associates with a person who has or is perceived
to have a protected classification. ·
Discrimination: The result of an action(s) that negatively and unfairly impacts an
individual or group of individuals based on their protected classification. ·
Harassment: is a form of discrimination. Depending on the circumstances, a single act
of harassment or a series of acts, as defined below, can VIolate this Adriiinistrative Order.
Verbal Harassment includes epithets, jokes, comments, or slurs that identify a
person on the basis of his/her protected class1fication, intimate or other
nicknames, comments on appearance--including dress or physical features-or
stories that tend to disparage those within a protected classification.
Visual Forms. of Harassment include gestures, posters, notices, bulletins,
cartoons, pictures or drawings that tend to disparage those within a protected
classification.
Physical Harassment includes assault, impeding or blocking movement,
physically interfering with normal work or movement, pinching, grabbing,
patting, propositioning, leering, making expres~ or implied job threats or promises
in return for submission of physical acts, mimicking, stalking or taunting.
Sexual Harassment includes unwelcome sexual advances, requests for sexual
favors or other verbal or physical conduct of a sexual nature directed at an
. employee which is presented as a condition of an employment benefit,
unreasonably interferes with an individual's work performance or creates a
hostile, intimidating or offensive work environment.
3
Guidelines for Identifying Harassment:
1. Behavior is unwelcome and which ts taken because of a recipient's protected
classification.
2. The behavior is measured from the totality of circumstances, including the nature
and severity of the conduct, frequency of the offensive behavior, interference with
work performance, effect on the complaining employee and the context in which the
conduct occurred.
3. An objective standard is applied; e.g., would a ')"easonable person of comparable
circumstances and status" find the behavior hostile or abusive?
4. Harassment can occur even if a recipient appears to voluntarily "consent" to the
conduct at issue (for fear of being insubordinate or retaliated against or to avoid
being ostracized) or even if the intent of the behavior is not meant to be offensive.
5.. If you are in doubt as to whether any particular conduct may violate this
Administrative Order, seek guidance from your supervisor or Human Resources.
Retaliation is any adverse conduct taken because an individual has reported harassment
or has participated in the investigation of a discrimination or harassment complaint.
Adverse conduct means taking sides because an individual has reported harassment,
spreading rumors about a complainant, ostracizing an individual who reports harassment
or threatening to prevent an individual from reporting harassment. ·
Confidentiality in the investigative process means that those interviewed are prohibited
from discussing the substance of the interview, except as .otherwise directed by a
supervisor, manager or Human Resources. Compiete confidentiality cannot occur
because the City must disclose the substance of a complaint in order to fully investigate
and take effective remedial action. The City will not disclose a completed investigation
report except, as it deems necessary to support a disciplinary action, to take remedial
action, to defend itself in adversarial proceedings, or to comply with the Jaw ot a court
order. ·
COMPLAINT PROCEDURE:
Any individual who feels he/she has been discriminated, harassed or retaliated against in
violation of this Administrative Order should report the conduct immediately so that the
complaint can be resolved quickly and fairly.
The City strongly encourages any individual who feels that he/she has been discriminated
or harassed in violation of this policy to let the offending person know immediately and
firmly that the conduct at issue is unwelcome, offensive and inappropriate and must stop,
l . If an individual who has been discriminated or harassed prefers not to confront the
offending person, the individual is encouraged to immediately report the conduct to
their supervisor, department head, any member of management or to Human
4
Resources. The individual shou]d provide aUdetails of the incident or incidents,
including the names of individuals involved and of any witnesses.
2. Any management employee who receives a complaint or learns of a potential
violation must promptly report the infonnation to his/her superiors and/or to Human
Resources and, if necessary, take action to diffuse volatile circumstances.
3. Human Resources will immediately undertake or direct a prompt, discrete, thorough
and objective investigation of the allegations at issue. All complaints, and· in some
situations where complaints are not filed, will be investigated to the extent that the
City deems appropriate. The investigation will normally include interviews with the
reporting individual, the accused, and any other person who is believed to have
relevant knowledge concerning the allegations. The investigator will remind all
interviewees to maintain the confidentiality of the content of the interview and that
retaliation against those who report alleged harassment or who participate in the
complaint pr:ocedure is prohibited.
4. A report of the findings and conclusions will be submitted to the Department Head
who, in consultation with appropriate management staff, will determine the final
decision and appropriate course of remedial action. If disciplinary action is
warranted, notification and appeal procedures will be followed in accordance with the
City's disciplinary policy.
5. The outcome of an investigation will be communicated to the complainant. Details of ·
any disciplinary or remedial actions will not be disclosed.
6. IndividuaJs have the option to report discrimination, harassment and retaliation to the
U.S. Equal Employment Opportunity (EEOC) or·to the California Department ofFair
Employment and Housing (DFEH). These governmental agencies offer legal
remedies and a complaint process. The addresses and phone numbers of these
agencies are listed on official employment postings located on City bulletin boards.
If you have any questions regarding this policy, please contact the Human Resources
Department.
RAYMOND R. PATCHETT
City Manager
5
Babaq Taj
From:
Se nt:
To:
Cc:
Subject:
Attachments:
Valerie, .
Attachment B
Hector Romero. <hector@justconstructioninc.com>
Thursday, October 15, 2020 11 :45 AM
Valerie Airey; 'Leonor Romero'; 'Shawn Stewart'; 'Kugan Panchadsaram';
roger@kugan.com
'Sonia Garcia'; 'Elias Gallegos'; 'Andres Romero'; Babaq Taj; Darrin Schwabe; 'P.E. Marc
Uribe'
PAR -Concrete Availability Concerns Response
8.3.20.pdf; 8.7.20.pdf; 8.18.20.pdf; 8.21.20.pdf; 9.2.20.pdf; 9.8.20.pdf; 9.22.20.pdf;
9.23.20.pdf; 9.28.20.pdf; 10.9.20.pdf
It is amazing how LEKOS which is a Caucasian owned firm was allowed to pour concrete during the
day on September 8, 2020 and September 23, 2020 under the same contract, same exact
circumstances, at the same precise location. JCI is being denied the same request, as you are well
aware that JCI is a small minority (Hispanic) owned business, we beg to question why is JCI being
denied this request?
As far as your you comment of "JCI has been aware there are advanced scheduling requirements for ordering
concrete since August", as you are well aware JCI was able to pour concrete on October 7, without any
problems. JCI does not have any control of the concrete suppliers availability due to the current fires
causing these conditions. ·
Furthermore LEKOS was allowed to work during the day on the project, August 3, 2020, August 7,
2020, August 18, 2020, August 21 , 2020, September 2, 2020, September 8, 2020, September 22,
2020, September 28, 2020 and October 9, 2020 (see attached dailies from LEKOS).
Valerie, as previously stated by Mr. Babaq Taj on August 25, 2020 e-mail "Hector-Thank you for
your email. I always support and encourage the city's contractors to follow the contract, so
I'm glad to hear that you feel the same way. 11 JCI expectations would be that the same rules and
treatment would be applied to everyone regardless of their differences.
Thank you,
I<,
CONSTRUCTION
General Building and Engineering Contractor
1
Lie. No. 968910 A.B.C-8
Hector Romero
3103 Market Street
San Diego, CA 92102
Phone: 619. 702. 7220
Fax: 619.702.7110
Cell: 619.548.5485
hector@justconstructioninc.com
******
CONFIDENTIALITY NOTICE: This e-mail and the transmitted documents contain private, privileged and confidential
information belonging to the sender. The information therein is solely for the use of the addressee. If your receipt
of this transmission has occurred as the result of an error, please immediately notify us so we can arrange for the
return of the documents. In such circumstances, you are advised that you may not disclose, copy, distribute or take
any other action in reliance on the information transmitted.
From: Valerie Airey <Valerie.Airey@carlsbadca.gov>
Sent: Thursday, October 15, 2020 8:21 AM
To: Leonor Romero <leonor@justconstructioninc.com>; 'Shawn Stewart' <SStewart@kleinfelder.com>
Cc: 'Hector Romero' <hector@justconstructioninc.com>; Sonia Garcia <sonia@justconstructioninc.com>; 'Elias Gallegos'
<egallegos@sioncc.com>; Andres Romero <andres@justconstructioninc.com.>; Babaq Taj <Babaq.Taj@carlsbadca.gov>
Subject: RE: PAR -Concrete Availability
Leonor,
The concrete pour is not approved for day time hours. Please proceed per the contract work hours of 8pm-5am. JCI has
. been aware there are advanced scheduling requirements for ordering concrete since August. JCI has not provided a
schedule updated since June 2020. It is the contractor's responsibility to plan and coordinate its work so as not to impact
production.
Thank you,
· Cit:yof
Carlsbad
Valerie Airey, MPA, LEED AP, QSP
Municipal Projects Manager
Public Works
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
www.carlsbadca.gov
760-450-4101 mobile
From: Leonor Romero (mailto:leonor@justconstructioninc.com]
Sent: Wednesday, October 14, 2020 3:11 PM
To: Valerie Airey <Valerie.Airey@carlsbadca.gov>; 'Shawn Stewart' <SStewart@kleinfelder.com >
Cc: 'Hector Romero' <hector@justconstructioninc.com>; Sonia Garcia <sonia@justconstructioninc.com>; 'Elias Gallegos'
<egallegos@sioncc.com>; Andres Romero <andres@justconstructioninc.com>; Babaq Taj <Babaq.Taj@carlsbadca.gov>
Subject: PAR -Concrete Availability
2
Valerie,
As per our conversation during today's meeting, JCI is sending you the following information for your review and
approval.
As you well know and Shawn has confirmed that Robertson's will not have concrete available until the last week of
October. We called several concrete companies and found that most of them have the same problem (shortage of
concrete due to the Fires up North). I have found that Hanson's does have concrete available during day hours vs night
hours for which they also do not have concrete available until the last week of October for night delivery. Hsanson's
availability of concrete during the day is as early as this Friday 10/16/2020.
I have spoken to Rosa in dispatch and ask if she could send this in writing, for which she responded that she could
not. But that anyone is welcomed to call and find out this information.
As mentioned above her name is Rosa and her number is 1-858-715-5600 and press number 1.
During our meeting Hector explained how this will not impact the traffic nor will JCI be closing the traffic lanes to
perform this concrete pour in Phase 2. With this said JCI is respectfully requesting to see if we can perform this scope of
work during the day.
Your prompt attention to this matter is greatly appreciated, so that we can prepare any additional documentation that is
needed (i.e. submittals, etc.)
Thank you.
Leonor
.t!CIN -
Leonor Romero
3103 Market Street
San Diego , CA 92102
(619)702-7220 -Office
(619)702-7110 -Fax
(619)288-2262 -Cell
leonor@justconstructioninc.com .
CAUTION: Do not open attachments or click on links unless
3
nize the sender and know the content i
Attachment C
October 15, 2020
Ms. Valerie Airey, MPA, LEED AP
Municipal Projects Manager -Public Works
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Valerie.Airey@carlsbadca.gov
JUST CONSTRUCTION, INC.
GENERAL BUILDING & ENGINEERING CONTRACTORS
CONTRACTOR'S LICENSE NO.: 968910
www.justconstructioninc.com
31 03 Market Street
San Diego, CA 92102
Ph: (619) 702-7220 Fax: (619) 702-7110
SENT VIA E-MAIL
In Response to This Letter Please
Refer to this No. 11
Reference: PAR Widening; Bid No. PWS19-745TRAN; Contract No. 6043 & 6044
Subject: City Change Order NO. 06 / Response to City's Letter Dated October 13, 2020
Ms. Airey,
Regarding your response to JCI's letter dated October 5, 2020, JCI responds as follow:
On your I st paragraph you state "JCI lacks documentation to substantiate its claim of a 101 working day
delay." As it relates to the 101 working days delay they are from the notice to proceed of December 17, 2019
to May 10, 2020 (minus the 42 days accounted for in CO No.I), they can be easily accounted for, that is the
reason JCI is accepting payment for undisputed amounts of Change Order No. 6 under protest and duress.
There has been plenty of notifications to the City, including JCl's Letter No. 03 Dated March 2, 2020 -JCI's
Letter No. 04 Dated March 19, 2020 and JCI's Letter No.IO Dated October 5, 2020.
As previously brought to Mr. Babaq attention it appears that the City's treatment towards JCI js very different
in many aspects from other Public Works Contracts previously performed by JCI, even in comparison with the
City of Carlsbad own contract perfonned by JCI on July 22, 2016, NORTHWEST QUADRANT STORM
DRAIN PROGRAM (MONROE), BID NO. PWS 16-l 16TRAN , PROJECT NO. 6608.
JCI has previously questioned the city's treatment and motives towards JCI, as a matter of fact JCI had a
telephone meeting which was conducted on June 22, 2020 with Mr. Babaq Taj and Mr. Darrin Schwabe
(Human Resource Manager), Leonor, Sonia and myself, in which various questions surfaced to no avail. JCI
was told that everything was fine, and we needed to continue with the performance of the contract.
' As the response to your statement of: "JC! did not mobilize. In the five weeks.following its notification to JC!
to proceed with the work on March 16, 2020, the city provided JCI no less than eight written requests for JC!
to mobilize and to complete the contract scope of work. Despite free and clear access to the contract scope of
work and many requests by the dty for JCI mobilize to the site, JC! did not mobilize until May 11, 2020. "
Just Construction, Inc. I PAR Widening; Bid No. PWS19-745TRAN; Contract No. 6043 & 6044 Letter. No. 11
On February 24, 2020, JCI received the following e-mail from the city and informed all of its employees that
the project was delayed until May 11, 2020, JCI employees proceeded to find employment elsewhere
committing to JCI that they would return on May 11, 2020.
From: Valerie Airey <Valerie.Airey@carlsbadca.gov>
Sent: Monday, February 24, 2020 2:40 PM
To: Hector Romero <hector@justconstructioninc.com>; 'Shawn Stewart' <SStewart@kleinfelder.com>
Cc: 'Leonor (Just Construction)' <leonor@justconstructioninc.com>; andres@justconstructioninc.com
Subject: RE: Your telephone phone call today
Hello Hector,
Yes, the new mobilization date would be May 11, 2020. This was not requested by the Mayor as you stated, but is the request of the city.
Thank you,
From: Hector Romero <hector@justconstructioninc.com>
Sent: Monday, February 24, 2020 1:24 PM
To: 'Valerie Airey' <Valerie.Airey@carlsbadca.gov>; 'Shawn Stewart' <SStewart@kleinfelder.com>
Cc: 'Leonor (Just Construction)' <leonor@justconstructioninc.com>; ,'andres@justconstructioninc.com' <andres@justconstructioninc.com>;
Subject: Your telephone phone call today
Good afternoon Valer[e,
I just want to confirm our telephone conversation of today at 12:28 PM , February 24, 2020 the main reason being is the fact that Leonor placed the
order earlier today to procure the long lead time Precast Porous Concrete Materials and based on the mentioned delay in the commencement of the
project will cause additional storage cost for these materials as well as other costs. You have asked me to consider the commencement date of the
PAR Project to be changed to May 11, 2020 as requested by the Mayor due to the flower field festival event.
As you are aware we are all geared up to mobilize next week on Tuesday March 3, 2020 per our current schedule. JCI doesn't have any problems, in
the spirit of partnering with the City of Carlsbad, to make the project commencement date on May 11 , 2020, however please be aware that
unfortunately additional cost will be incurred do to your request. Please confirm that you do in fact want the May 11 , 2020 to be the PAR Project New
Commencement Date in order for JCI to take action.
Regards,
What is not mentioned in your letter is the fact that JCI provided over twelve responses struggling to find a
way to resolve the problem caused by the City's delayed mobilization direction given to JCI.
JCT believes that the request from the city for JCI to mobilize earlier than the previously agreed date of May
11, 20020, was due to the fact the State of California mandated that all public gatherings were canceled due to
the Corona Virus Epidemic, thus this causing the city to cancel the Flower Festival, therefore the city wanted
JCI to "Please let me know if JCI is able to perform this work sooner than May 11, while maintaining all
contract requirements."
As everyone involved in the contract is aware the contract requirements have been broken in many aspects to
date, LEKOS has been allowed to work during the day, Lekas have allowed to use the city's prope1ty to store
materials and equipment, etc. while JCI has not been given the oppo1tunity for the same privileges.
From: Valerie Airey <Valerie.Airey@carlsbadca.gov>
Sent: Tuesday, March 17, 2020 10:44 AM
To: Hector Romero <hector@justconstructioninc.com>
Cc: 'Leonor (Just Construction)' <leonor@justconstructioninc.com>; Shawn Stewart <SStewart@kleinfelder.com>
Subject: PAR Widening-Start of Work
Importance: High
Hector,
Just Construction, Inc. I PAR Widening; Bid No. PWS19-745TRAN; Contract No. 6043 & 6044
In our meeting on March 9, 2020, among the many items discussed you requested that the city find a way to allow JCI to start work as soon as possible, instead
of waiting until May 11, 2020 to mobilize. The city has since decided that mobilization and work on the Palomar Airport Widening project can begin immediately.
Per our conversation yesterday, please advise the soonest date JCI will be able to mobilize and start work.
Thank you
JCI promptly responded with the e-mail below by stating:
From: Hector Romero <hector@justconstructioninc.com>
Sent: Thursday, March 19, 2020 11:56 AM
To: 'Valerie Airey' <Valerie.Airey@carlsbadca.gov>
Cc: 'Leonor (Just Construction)' <leonor@justconstructioninc.com>; 'Shawn Stewart' <SStewart@kleinfelder.com>; 'Babaq Taj' <Babaq.Taj@carlsbadca.gov>; 'Sonia
Subject: PAR Widening -Start of Work
Good morning Valerie,
We are in receipt of your two e-mails below. There seems to be a misunderstanding by the City of Carlsbad, as to JC/ requesting to return to
work as soon as possible. JC/'s purpose of the meeting was to discuss the impact created by the change from the March 3, 2020
mobilization to May 11, 2020 mobilization.
As the city of Carlsbad is aware, JC/ was staged and ready to mobilize on March 3, 2020. As a result ofthe City of Carlsbad changing the mobilization
date to May 11, 2020, JC/ has demobilized its equipment and personnel in the anticipation of remobilization on May 11, 2020. Valerie, as a follow up to
our recent telephone conversations, I have informed you that only two out of the ten workers originally staffed for this proiect are currently
available.
JC/ will be staff and ready on May 11, 2020, as previously requested by the City of Carlsbad.
Just is entitled to its delay costs from 12/17 /19 through 5/10/20, which is 101 working days, Jess 42 working days (based
on CO 1) is 59 working days
On March 25, 2020, the City of Carlsbad further clarified the contract duration and mobilization date of May 11, 2020
by stating:
Mr. Romero,
As requested in Just Constriction, Inc. 's (JC/) letter dated March 19, 2020, below is clarification on the project working days accounting.
City of Carlsbad issued the project Notice to Proceed for Dec. 17, 2019,
PWS19-745TRAN contract has a 70-working day duration. With the Notice to Proceed of Dec. 17, 2019 and 70-working days, the contract completion
date is March 27, 2020 ..
Contract Change Order No. 1 awarded 42 working days to the contract duration at no cost to the City of Carlsbad. With the 70 contract working days,
plus the 42 working days awarded in Contract Change Order No. 1 (112 total working days}, the revised completion date is May 27, 2020.
The City of Carlsbad revised the mobilization date from March 3, 2020 to May 11, 2020. There are 49 working days between March 3, 2020 to May 11,
2020. The potential impact duration is approximately from March 3, 2020 to May 10, 2020, or 49 work days.
On March 30, 2020, JCI received the e-mail below stating:
From: Valerie Airey <Valerie.Airey@carlsbadca.gov>
Sent: Monday, March 30, 2020 11:28 AM
To: Hector Romero <hector@justconstructioninc.com>
Cc: 'Leonor (Just Construction)' <leonor@justconstructioninc.com>; Shawn Ste·wart <SStewart@kleinfelder .. com>
Subject: Palomar Airport Widening Project Status
Hello Hector,
I hope-you are well. I just wanted to follow up to see if you were able to mobilize sooner than May 11, 2020. As previously stated, the city is wanting to start this
project and have JCI mobilize as soon as possible.
In "following the guidance provided by the state and County of San Diego, the City of Carlsbad will continue to support construction activities.
Just Construction, Inc. I PAR Widening; Bid No. PWS19-745TRAN; Contract No. 6043 & 6044 Letter. No. 11
On March 30, 2020, JCI responded with the e-mail below stating:
From: Hector Romero <hector@justconstructioninc.com>
·sent: Monday, March 30, 2020 1:15 PM
To: 'Valerie Airey' <Valerie.Airey@carlsbadca.gov>; 'Shawn Stewart' <SStewart@kleinfelder.com>; 'Babaq Taj' <Babaq.Taj@carlsbadca.gov>
Cc: 'Leonor (Just Construction}' <leonor@justconstructioninc.com>; 'sonia@justconstructioninc.com' <sonia@justconstructioninc.com>;
Subject: Project Status Response and Offer
Good morning Valerie,
In response to your email below, JCI has been keeping up with getting what is needed to get the project going, JCI has the following to offer: We have
4 workers available now plus myself, JCI proposes to perform the work on the center island as shown on the Demolition and Improvement Plans
pasted below.
We suggest to accomplish this work while the Government requested the business in the vicinity to be closed. JCI would like to perform this work
during the day and respectfully request that the time taken to perform this work not be counted against our contract days, since JCI is scheduled to
fully mobilize on May 11 , 2020. In addition COVID 19 social distancing regulation will be observed during the performance of the work thus this adding
to our request for the time not to be accounted for.
Please let me know what you think, we can discuss l1ow JCI and the City of Carlsbad can continue to mitigate the financial impact to the project.
From: Hector Romero <hector@justconstructioninc.com>
_Sent: Monday, March 30, 2020 1:15 PM
To: 'Valerie Airey' <Valerie.Airey@carlsbadca.gov>; 'Shawn Stewart' <SStewart@kleinfelder.com>; 'Babaq Taj' <Babaq.Taj@carlsbadca.gov>
Cc: 'Leonor (Just Construction}' <leonor@justconstructioninc.com>; 'sonia@justconstructioninc.com' <sonia@justconstructioninc.com>;
Subject: Project Status Response and Offer
Good morning Valerie,
In response to your email below, JCI has been keeping up with getting what is needed to get the project going, JCI has the following to offer: We have
4 workers available now plus myself, JCI proposes to perform the work on the ceIiter island as shown on the Demolition and Improvement Plans
pasted below.
We suggest to accomplish this work while the Government requested the business in the vicinity to be closed. JCI would like to perform this work
during the day and respectfully request that the time taken to perform this work not be counted against our contract days, since JCI is scheduled to
fully mobilize on May 11 , 2020. In addition COVID 19 social distancing regulation will be observed during the performance of the work thus this adding
to our request for the time not to be accounted for.
Please _let me know what you think, we can discuss how JCI and the City of Carlsbad can continue to mitigate the financial impact to the project.
On March 30, 2020, JCI received the e-mail below stating:
From: Valerie Airey <Valerie.Airey@carlsbadca.gov>
Sent: Monday, March 30, 2020 2:36 PM
To: Hector Romero <hector@justconstructioninc.com>; 'Shawn Stewart' <SStewart@kleinfelder.com>; Babaq Taj <Babaq.Taj@carlsbadca.gov>
Cc: 'Leonor (Just Construction}' <leonor@justconstructioninc.com>; sonia@justconstructioninc.com; andres@justconstructioninc.com; 'Elias Gallegos'
Subject: RE: Project Status Response and Offer
Hello Hector,
Thank you for your response. We are unable to modify the contract requirements as you have described. Please let me know if JCI is able to perform this work
sooner than May 11, while maintaining all contract requirements.
Thank you,
On March 30, 2020, JCI responded with the e-mail below stating:·,
From: Hector Romero <hector@justconstructioninc.com>
Sent: Monday, March 30, 2020 3:07 PM
To: Valerie Airey <Valerie.Airey@carlsbadca.gov>
Cc: Shawn Stewart <SStewart@kleinfelder.com>; Babaq Taj <Babaq.Taj@carlsbadca.gov>; Leonor (Just Construction} <leonor@justconstructioninc.com>;
Subject: Re: Project Status Response and Offer
Just Construction, Inc. I PAR Widening; Bid No. PWS19-745TRAN; Contract No. 6043 & 6044 Letter. No. 11
Valerie,
Thank you for your response below, JCI can mobilize at no additional cost and perform the work as described below.
Is there anything that the City of Carlsbad is willing to do (or negotiate) to allow JCI to perform any work at the site prior to May 11, under the circumstances?
Please let me know ...
On March 30, 2020, JCI received the e-mail below stating:
On Mar 30, 2020, at 3:37 PM, Valerie Airey <Valerie.Airey@carlsbadca.gov> wrote:
Hello Hector,
There is nothing to negotiate, Just Construction has free and clear access to start this job immediately. The contract requirements will remain in place.
On March 30, 2020, JCI responded with the e-mail below stating:
From: Hector Romero [mailto:hector@iustconstructioninc.com1
Sent: Monday, March 30, 2020 4:45 PM
To: Valerie Airey <Valerie.Airey@carlsbadca.gov>
Cc: Shawn Stewart <SStewart@kleinfelder.com>; Babaq Taj <Babaq.Taj@carlsbadca.gov>; Leonor (Just Construction) <leonor@justconstructioninc.com>;
Subject: Re: Project Status Response and Offer
Valerie,
I am sorry about the misunderstanding and my lack of words as it relates to the word I used "negotiate" I meant anything that can be done on "your" side to help
JCI mobilize prior to May· 11, 2020.
I understand, it appears that there is nothing that the City of Carlsbad can do to make this happen prior to _May 11. JCI will continue to target the mobilization
date of May 11, 2020 as previously directed by the City of Carlsbad.
On April 13, 2020, JCI received the e-mail below stating:
From: Valerie Airey <Valerie.Airey@carlsbadca.gov>
Sent: Monday, April 13, 2020 8:34AM
To: Hector Romero <hector@justconstructionihc.com>
Cc: 'Leonor Romero' <leonor@justconstructioninc.com>; Shawn Stewart <SStewart@kleinfelder.com>
Subject: PAR Widening Status
Hello Hector,
I wanted to follow up to see if your position has changed and are able to mobilize sooner than May 11, 2020. The city is wanting to have JCI mobilize as soon as
possible. Please let me know if you are able to start.
On April 13, 2020, JCI responded with the e-mail below stating:
From: Hector Romero <hector@justconstructioninc.com>
Sent: Monday, April 13, 2020 1:54 PM
To: 'Valerie Airey' <Valerie.Airey@carlsbadca.gov>
Cc: 'Leonor Romero' <leonor@justconstructioninc.com>; 'Shawn Stewart' <SStewart@kleinfelder.com>; 'Elias Gallegos' <egallegos@sioncc.com>;
Subject: PAR Widening Status
Good afternoon Valerie,
I have been trying hard to get the workers back and the majority still committed to their present employers until May 7, 2020. Valerie please conside~
my previous request, I understand that you want to abide by the contract documents and I agree. However contract Section 6-7.2 states "Contractor
shall obtain the written approval of the Engineer if the Contractor desires daytime work or work ... " (pasted below)
Valerie, there are many health and safety issues taking place with the ongoing COVID 19 events, which working at night will make it more vulnerable
to be exposed to the Corona Virus, in addition many of the construction material suppliers are closing their stores early and some are completely
Just Construction, Inc. I PAR Widening; Bid No. PWS19-745TRAN; Contract No. 6043 & 6044 Letter. No. 11
closed, it is becoming a challenge to proceed with proper work production as if everything was normal, our contract give us a lead way to work during
the day should you desire.
As previously requested, I would like to use the three workers and myself currently available to at least commence with the work at the •
.location pasted below.
Please let me know what you think. I understand if you don't want to proceed under this conditions and wait until May 11, 2020.
As it relates to your misleading comments of "JC] has not submitted proper notification or documentation of
potential impacts and delays. Additionally, JC] has not submitted a monthly construction schedule update
since June 2020. " JCI has indeed submitted schedule updates with realistic events taking place on the project,
the updates have been rejected by the city without any factual reason, the city took from September 2019 to
October 2020 (over one year) to address and correct all the discrepancies with the new water services
installation which had to be performed prior to any other work being performed. JCI moved on to perform out
of sequence depleting all its labor and equipment budget due to lack of efficiency. JCI performed Phase I
within the time allotted in the contract as a matter of fact it completed approximately 5 days ahead of
schedule, while phase 2 is taking since June 8, 2020 to date to be performed due to no fault of JCI. On July 7,
2020 the city decided to break its own contract by directing JCI to perform work on Phase 3 prior of the
completion of Phase 2, JCI laydown was located at the area of work of Pl1ase 3 thus this creating more pain
and suffering to JCI.
Sincerely,
Hector RomeroNice President
HR/msu
Cc: File
Just Construction, Inc. I PAR Widening; Bid No. PWS19-745TRAN; Contract No. 6043 & 6044 Letter. No. 11