515555555: 55 5:5 552.5 555 55 51.55 3555 53:? 55 55 55 5555 555 5.5555555 5552555555 522555555 55 5.555535 5 55555535 55 555255555 5 7; 35 a? 5 55555. :55. 5.. $5.195 5555.555} QELEVERY .55')5115 C. \5 51555: Ciiy Law Department 501 West T115115 Sireei 53?. O. BOX ?22 Dayton. OH 4:340 .5 50022 Re: Dear 501551: 55555555555 555.55% 555555.: {5555.5 {5 555555555 5355:5555 3555553535 53:5}? 5555 5 5'15 .5 ?f5 15555 5 ?33 ?555 257 5 ,r 5555 .55; 55.5 555555555: 55.5?3315553355 555:5 23?5"? 5.538551? {Li} 5.53 1 8 2014 Steve R. Ranch, [576. v. (15513.2 (3f?Dc'gizcm, Ohio Case No. 2014 CV 06106 555.5 .555 55. .5555 . 5555 55 55555555555535 555 55.5.3.5: 55?. {15555555 5.15. 555555555: 5/553 5565-55555: 55:5555555515 .55. 555555555: 5255555555555 5 3555555555 5.55555 {555.555 55?. 55:5,: 551555535 5 55155855531115 to phene cenversatien I 21151 emiosing Steve?s executed Release Agreel?nent and all of the. executed {310351553 deeumems in this matter. I wil} see you 255 yam? Office tamermw a?emoen 511 2:00 t0 pick up the check and. 1.0 siga the DismiSsa] Entry which. you. are preparing in the 55515515155; lawsuit. {XE/die 39202151555214.5506} Yours truly. BIESER. (JEER 35: C. Greer m: me?ww, Wm? mm w. WM?m?gm mr mm mm?mmw QWWQ mew 3% mm wig mm QM. m??ammw WW mam QM w? Gm memm WW mama? @me mam? ma mm mew me QQ ?mwm Mm Mm mg mg ?aw mama? mm ?mm Emma M0 mam Wm @mm?w mwm??mm Wm ww? mm mm mag Wm, Emmw amww (may bygamma? mm gm mam mm mmw?mw mam magma, ma mm mm me?mmw wmm?? QM, mm. @meme page 8 mg mam?m?m mg mm?ww04?me Mm mm wwm?mmwm mm. mam Mm may WEN BS The ggersm signi?g {hi3 R?ieag?: {m behalf 0f repmw?tg 336i @733th that heighe has {13% requis?ie authmiw :9 execut? thig Reieage 33 a3 a} bi?d SR1 If} the terms {3f this agreement EN WITNESS WHEREQR have hafsun?ics Set my harm} anmn? am, {big i5 @355 0f ;7 .. . 2015;. Bavid Cgm, Piain?fi Stew R. Rauch? Eric. City on DAYTON, Omo oemntnem OF LAW owe. HALL 0 t01 west" mine arr-leer no. sex 22 . DAYTON, OHIO 4540': 937 3334100 - FAX 93? 333?3628 November 25, 20M VIA EMAIL AND (LS. MAIL David C. Greer, Esq. GREER AND LANDIS 400 RNC Center 6 North Main St. Dayton, OH 45402-1908 RE: Steve R. Ranch, Inc. v. City of Dayton, Ohio Subject to Evidence Rule 408 Dear David: 1 am writing as a follow up to our telephone conversation from the other week about the above? referenced lawsuit. As we discussed, the City of Dayton would like to resolve this matter, however, it is not willing to pay SR1 for work that it did not perform. The City of Dayton was forced to terminate SR1 from the four demolition contracts for SRl?s failure to timely complete the work and SRl?s repeated breaches of the contracts, Not only did SR1 repeatedly breach the contracts by purposefully using improper ?ll on the demolition sites and failing to fully excavate the sites and remove the foundations, but SR1 repeatedly failed to perform the work in a timely manner. SR1 was assigned six separate properties for demolition in June of2013 to be completed by August and September of 2013. Likewise, SR1 was assigned six additional properties for demolition in August of 2013 to be completed in October and early November of 2013. However, despite numerous communications and promptings by the City, as of January 2014, SR1. had not performed the work. As a result, Dayton sent SR1 a cure letter on January demanding that the work be completed within 30 days. On January 14, 2014, SR1, through its Controller, agreed that the work would be completed by that time, However, SR1 did not even start on the work until 24 days after receiving the letter. Moreover, SR1 was not even half done with the work 39 days later on February To make matters worse, on February 21SI the City discovered that SR1 had used improper fill at numerous demolition sites, including rewbar, wood, crushed concrete, bricks, steel, terrazzo, large pieces of asphalt and other unapproved materials. SR1 was directed to remove the improper fill, and replace it with proper fill with the City inspecting. As of February SR1 had not fixed the improper ?ll or completed the work. When SR1 had still Failed to perform the work on March 13, 2014, Dayton terminated the contracts for cause. in order to avoid prolonged litigation, the City is willing to pay SR1 a total of $492,920.84 for work performed on the four contracts, after SR1 provides the City with full releases from SR1 and all subcontractors and material suppliers for the four contracts. However, the City will not pay SR1 for work that it was required to pay other contractors to complete. 1tw we are unable to reach this agreement, the City will fiie a Caunterciaim in the actien seeking, amcng other things, liquidated damages fer failure t9 compkete the work in a timeiy fashien. Fiease give me a call at year earliest coavenience to discuss this matter. Sincarely, John C. Musto ssistant City attorney Kevin Powell err? HALL *1 tot west STREET so. sex 22 DAYTON, oHto 454m 93? 3334160 FAX 93? 3333628 err? on Darrow, 9mg LAW WW \w VIA EMAIL AND FIRST CLASS MAIL David C. Greer, Esq. BIESER. GREER, AND LANDIS. LLP 400 PNC Center 6 North Main St. Day/toot OH 45402m1908 RE: CITY OF NUISANCE CONTRACT AND DEMOLITION PROJECT INVOLVING THE DAYTON DAILY NEWS AND BUILDING Dear r. Greer: arn writing in response to your May 27. 2014 letter on resolving outstanding issues on the City?s demolition contracts with Steve R. Ranch. lnc. As you are aware. there have been numerous documented performance problems on the contracts that resulted in the City terminating the contracts. These problems include. but are not limited to. failure to remove foundations and improper ?ll, grading, and seeding. The City is still in the process of correcting these problems and tabulating the costs. The City is willing to pay Rauch for work for structures razed under the contracts, minus the ity?s costs ot?correcting the detective work. However. the full costs will not be known until the work is corrected. Once the work is corrected, the City will provide Rauch with the lists of costs for the corrective work in order to come up with a final payment amount. The City is moving quickly to ?nish all of the work and tabulate the costs, but it will likely not occur within the 10 day deadline referenced in your letter. Please feel free to contact me to discuss this matter. Sincerely. John C. Music Assistant City Attorney C: Kevin Powell May 27, 2014 Via EuMail: iohmmusto@cityofdavton.or2 and First Class Mail Mr. John C. Mnsto City of Dayton Law Department 101 West Third Street P. O. Box 22 Dayton, OH 45401-0022 Re: City of Dayton/Ration Nuisance Contract and Demolition Project Involving Dayton Daily News and Sohwind Building Dear John: I was recently retained by Steve R. Ranch. Inc. to bring a prompt closure to any open issues between Ranch and the City. I understand that last week Mr. Blackshear informed Mr. Feucht that the City will pay Rauch in full for all structures razed under its Nuisance Abatement Contracts minus the cost of having Bladecutters place seed and straw on the properties. If Rauch receives the promised payments within the next ten days, it will consider pending matters with the City to be resoived and look forward to a positive relationship with the City on future projects. With regard to the remaining issues on the Dayton Daily News project, I am. enciosing a letter which I have written on behalf of Ranch to Mr. Papa of Student Suites in the hope that all such issues can .. hi3 iebtiiv?'i} ?1105? litigaiiOt}. Yours truly, LLP By: avid Greer DCG:jll Enclosure c: Dan Feucht Steve Rauch (steve@steverauch.com) James H. Greer ihg@bgllaw.com) 214182.3434?3l {Based Greer .B Riff-l Trisha M. Gaff Howard E?Zjisi?ger 3 5 I Kirstie N. E?otiag Eaten t: Eiasriiarzd GRE R- I Thomas M. Hess, Er. i3: ILAND IS I Curtis i3. Moore frames Fri. Greer Fhilip M. gorge; Ehagies age limited Liability Partnership Eosepii C. Gainers egg PNC Ce {3 QfCe-ame?? . {aria j. Marinas: ma {Iiiaries Shoot?; Earnes it Mair: Stseet Eeiward ?haak Fetches: l?a?i. Eeitetee Dayton, GE 454034938 Ersatz G. Bieser, gr. gemsifer ?togaa phone Leo Krebs sane/asses? {a same. r. co in May 27, 2014 Via E-Mail: spana?studentsuiteacom and First Class Mail Mr. Steve Papa Student Saites Dayton LLC 3737 South Elizabeth Street Independence, MO 64057 Re: Dayton Daily News Schwind Building Demolition Project Dear Mr. Papa: I have been retained by Steve R. Ranch, Inc. to resolve all open issues relating to this project. While the City of Dayton paid Student Suites $230,000.00 of which $100,000.00 was then paid to Rauch relating to the Schwind Hotel portion of the project, there remains due and owing from Student Suites to Ranch the suit: of $675,000.00. Please have your attorney contact meeting to address the problems of payment and completion of the project. I could arrange my schedule to meet anytime during the week of June 2, other than June 5, or anytime during the ?rst three days of the week of June 16, 2014. I am sending a copy of this letter to the attorney for the City of Dayton in the event that you, he or year attorney want to have representatives of the City participate in the proposed meeting. I look forward to hearing from you. Yours truly, GREEK LANDIS, LLP wBy: David C. Greer DCG:jll c: John C. Musto (iohn.musto@cityofdayton.ora) Dan Feucht (daeaibdaytondemocom) Steve Ranch (steve@steverauch.com) James H. Greer 214182A434716J GREGORY S. PAGE COC, LEA. 7501 Paragon Read Deytem Ollie 45459 {937) 434?1908 F: (937) 436~0008 Greg@gsplaw.net April 2, 2014 Kevin Pewell Acting Division Manager Department OfBuilding Service-S Via Email Only: Kevinpowell@claytenohio.gov 371 West Street Dayton, OH 45402 Re: Steve Ranch, Inc. Centraet N0. CT12-0526, and Dear Mr. Powell: Please recall that the undersigned represents Steve Ranch? Inc. I am writing in follew up to my correspondence to yon dated March 25, 2014. I had nut received a. response to my correspemlence and therefore felt cempellecl to reiterate my client's position. At present, my client has completed all walk on the above?referenced projects except seeding and. finish grading. Accordingly? my client is justly and truly owed the following: Contract: 2-0526 $64,6 1 3 .79 Contract: 2?0530 $57,078.08 Contract: $92,738.61 Centred: CT13-0680 $203,462.26 Letter to Kevin Pays/ell April 2, 2014 Page 2 I recegnize and acknawledge that a ?ve percent retainage is to be Withheld. As such, an these emiracts, my client is awed $417,892.74, less a five percent retainage. Please prepare a ren?ttance as soon as pessible in the {?lial amount; of $396,998.10 and deliver it t0 my client. I am hopeful that additianal cellectian efforizs will b6 unnecegsaryl AS I indicated in my prior cgn'esponclence, the city and my client have had a longstanding, positive relatianship. However, there i3 Simply as legitimate justi?catioa to withheld payment on these contracts. 01106 again, I would welmme a discussion 0f these issues with you at your cqnvenience. As indicated, my client stands ready; willing and able to (template the limited work remaining can these contracts. I 100k femard to hearing from yau 300:1. Very Truly Years, Gregory S. Page Gregory S. Page or 99cm oemomem or: eo?eoteo seoesoae orwetoo o5: Hooseto March 13, 29% VIA HAND DELIVERY AND US. MAIL Steve R. Ranch, President J. Scott Wells, Project Manager Steve R. Roach, Inc. 550 Soldiers Home-W Carrollton Road Dayton, OH 45417 RE: Termination for Cause of Contracts CT12-0531 and Dear Messrs. Reach and Wells: I am writing to terminate the above~referenced contracts for cause pursuant to 19.04 of the City of Dayton Construction and Material Speci?cations. On January 10, 2014 The City of Dayton faxed and mailed a letter to you notifying you of defective work, failure to prosecute work and demand for a cure on contracts 0530, CT12w053l and The letter demanded that work begin to remedy the incomplete and defective work within ?ve days of the date of the letter and that the work be completed within thirty calendar days. The properties requiring work were inspected thirty days after the date of the letter. The inspections Showed that minimal work had begun on the listed properties and the work was not completed. In fact after thirty-nine days only six of the twelve properties were demolished. In addition, several of the sites were book?lled with improper ?ll materiel. A3 21 result of the failure to eomoly with the Eetter dated 8, 2014 3th January it}, 2014, the City of Eeytoo is terminating eoettoets CTIEMOSBG, CTI $3553} and for Sioeetely, i?ee?e Footed Aetiog Dieisioo Menage: tie: Mt, Eofly, Evie, Eieketeio, Mr. Cromottie, Mr. Banish, Mr. Mosto Nit Zimmer, Me. Mooney, Lexoe losomoee Company Gilt STREET ooYToN, {not} ?35492 93? . FAX e3? 333~e2?e Accept of work ACCEPTANCE OF WORK To: Director of White Works Date: Dec. 28, 2012 From: Nuisance Abatement Code: 28309w2420-i159-32 Code: 4002324204 159-32. Contractor: Steve Raucn lnc. Fund: 28309 Fund: 40023 Description of Contract: MOE: DEMOLETION PROGRAM NUESANCE ABATEMENT RESIDENTIAL ??201 2 Partial Pay Estimate Contract Awarded 12/26/2012 Final Pay Estimate 17,488.46 Time Bid From Fund 28309 184,425.29 Started Work 2/1 /2013 From Fund 40023 184,425.29 Totai To Be Paid 349,769.16 Completed Work ?8/i/2014 Bid Price Total Days Change Orders Modified Contract Price Days Consumed 5% Retainage 17,488.46 Balance 0 WD Remainder $19,081.42 work associated with this contract has been com pieted. The retainer may be released immediateiy Nuisance Abatement Specialist Kevin Powell, Acting Manager Housing inspection Page i DEPARTMENT OF BUILDING SERVICES Michaei Cromartie, Interim Director Contract No. 0712?0531 Amount of Contract $368,850.58 I herewith report the foitowing quantities for Estimate No. 7 Adjusted Partial Payment to be paid STEVE RAUCH WC. 1850 Sotdiers HomeuWest Carrollton Rd. Dayton, OH 45418 2012 Nuisance Abatement Program MOF Restdentiat Demotitiort It Kind of improvement NOP t4 and #7 Adjusted ADDRESS DEMO DEBRIS GRADING $0.135/cf 80.01/01 $0.001/st AMOUNT 827 Euciid 39903 128,631.11 17,365.20 5,266 5.27 252-254 Harbine 19771 205,3?: 8.96 27,718.06 4,456 4.46 149-151 Irwin 18617 192,353.85 25,967.77 4,2t 7 4.22 827 Euclid 39903 0.00 Adjustment for work completed by other Contractor ~1 ,063.83 252254 3 Harbine 19771 0.00 Adjustment for work com pieted by other Contractor -7,062.43 149?151 Erwin 18617 0.00 Adjustment for work compieted by other Contractor ~1 063.83 415 Maryrand 24114 1 0.00 Adjustment for work completed by other Contractor ?1 ,06383 155 McGee 18626?27pts i 0.00 Adjustment for work compieted by other Contractor ~1 ,063.83 WORK COMPLETED ON NOE 14 and 7 Adjusted 59,747.22 PREVIOUS WORK COMPLETED 288,436.44 TOTAL WORK COMPLETED 348,183.66 5% RETAINER 617,409.18 SUBTOTAL $330,774.47 PREVIOUS PAYMENTS $274,014.62 AMOUNT DUE $56,759.86 hereby certify that the above quantities are correct and the work has been done according to contract, and that I have record of the above estimates. Prepared By: Approved: DEPARTMENT OF BUILDING SERVICES Michaei Cromartie, interim D?rector Contract No. Amount of Contract $368,850.58 I herewith report the foiiowing quantities for Estimate No. 15 Adjusted Partiai Payment to be paid STEVE Ft RAUCH 1850 Soldiers Home?West Carroilton Rd. Dayton, OH 45418 2012 Nuisance Abatement Program MOF Residential Demotition Kind of improvement NOP 15 ADJUSTED ADDRESS DEMO DEBRIS AMOUNT 23 Ardraore 30548 42 570.00 5,746.95 4,796 4.80 600 Norman 45563 11,111.11 1 50000 Extra for added fit! on sEte 0,00 0.00 0.00 0.00 23 Ardmore 30548 0.00 Ad ustment for work com Ieted other Contractor -5,666.24 0.00 0.00 0.00 0,00 0.00 0.00 0.00 it 15 .5 PREVIOUS WORK COMPLETED 348,183.66 TOTAL WORK COMPLETED 349,769.16 - 5% ?$17 488.46 SUBTOTAL $332,280.70 PR PAYMENTS 774.47 AMOUNT DUE hereby certify that the above quantities are correct and the work has been done according to contract, and that i have record of the above estimates. Prepared By: Approved: wee? SECGNG meme? Came) 45462 93? 33339? I- max 3n"! or Bavvea, (Jute OF B?ii?l?? SEHWCES Bi?e??Sl?f?i GP INSQECTEQN Mereh 13, 2014 VIA HAND DELIVERY AND US. MAIL Steve R. Ranch President J. Scott Wells, Prefect Manage-r Steve R. Ranch, Inc. 1550 Soldiers Heme~W Carrellten Rd; Dayton, Ohie 45417 RE: SECOND LETTER OF FAILURE 0N HIS CONTRACT NOTICE OF FAILURE TO PROSECUTE WORK, AND DEMAND FOR CURE ON CONTRACT CTI 143283 Dear Messrs? Rauch and Wells: The letter is a fermal notice that Steve R. Ranch, Inc. has failed to prosecute the werk with the necessary force and in a timely manner in Violetien of the abeve-referenced contract. One (Notice 0f Poesessien) on this centres: has not been completed and the werk that has been eempleied t0 this peint has been defective: 1. Ni}? was December 1 l} 2013. Original eempletien {late was Jammy 2014. 2. Ge Feb, 24, 20:4 ef the erepeeties en {hie NOE) were inepeeied and failed {0 impreper age illegal heelefill material. The meter-eel ceeteieed emehe? wee-fete cinder hleeksa weed, reben heieks, asphele trash and debrle if: Vielaiien ef the ef Elie 3. Large ameen?s 0f mud have been depesited in the alleys. and surreunding public right~ef~way ef each ef ihese peege?ies. te 'lzem 19.94 {If {he anei Material Speei?eetiene, yet: have ?ve ealender deye feem ihe date {3f this letter :9 begin te Cure and eemelete the were listed Fm??:herg if great fall {e eemplete and {fete this and defee?ee were. wieh?e 20 {Eeye feem Elie {late ef {his Eetfger, {he Cit}: will; teemiee?ie yen: fer in web item 1 19,34. Mr. Steve R. Ramh Mr. J. Wells March 13, 2014 All W?i'k p?rfermed On this contract must be mardinated with igh?: City (3f Dayien ngitci Manager fer {his cantraet and an wax-k may be perfarmed uglegs directly supervised by Gil-Sim Cit}; 9f Daytan 963503331 approved. by {he Praject Managerrl Sincerely, g?gm [a?msl??i Kevin Powell Acting Division Manager G: Mr: Barley Ms. Dickst?ein Mr. Crgmartie Mr. Danish Mr, Musto Mr. Zimmer Lexon Insurance Company 3:?1 west Steam owe) ?35462 333~39?? . Fax 93? 333-4294 Cu"! at: 951193, 9am oememeae oe eememo sewage esvzeoe oe saepeetaoe Mateh 13, 2014 VIA HAND DELIVERY AND U.S. MAIL Steve R. Ranch, President J. Scott Wells, Project Manager Steve R. Ranch, Inc. 558 Soldiers Home-W Cartollton Road Dayton, OH 45417 RE: Termination for Cause of Contracts CT12-0530, CT 1241531 and Dear Messrs. Ranch and Wells: 1 am writing to terminate the above-referenced contracts for cause pursuant to 11934 of the City of Dayton Construction and Material Speci?cations. On January ll), 2014 The City of Dayton faxed and mailed a letter to you notifying you of defective work, failure to prosecute work and demand for a cure on contracts CTl2m0526, 0530, and The letter demanded that work begin to remedy the incomplete and defective work Within ?ve days of the date of the letter and that the work be completed within thirty calendar days. The properties requiring work were inspected thirty days after the date of the letter. The inspections showed that minimal work had begun on the listed properties and the work wee not completed. In fact after thirty-tithe dayS only six of the twelve properties were demolished. In addition, several of the sites were backfilled with improper fill material. AS a reselt of the failure to comply with the letter dated 83 2014 sent 10., ZOl?ig the City ef Dayton is tetmieatiag contracts C?l?i $057,126, end 343680 for izw Kevin E?G?thli Aetiag Bieisioa Manager Elie: hilt, Early? Me. ?ieketeie, Mt, Cromet'tiel Mt. Daeiehg Mr. Meeto Mr. Zimmen Mr. Mueller, Leaoo Company 3?31 WEST SECGMD sraeer BAYTGN, onso eased? 93? - Fax 93? 33341294 On? or Boston, Omo (3F 0F HOUSWG January 8, 2014 VIA AND U.S. MAit Steve R. Rad-ch, President J. Scott Wells, Project Manager Steve R. Rauch, inc. 1550 Soldiers Home Carrollton Rd Dayton, OH 45417 RE: NOTICE OF FAILURE TO PROSECUTE WORK, AND DEMAND FOR CURE ON CONTRACTS (712-6526, $120530, (371341680 Dear Messrs. Rauch and Wells: The letter is a formal notice that Steve R. Rauch, inc. has failed to prosecute the work with the necessary force and in a timely manner in violation of the aboveareferenced contracts. An agreement to complete the work on these contracts and specific NOPs for a price of $50.62 per cubic yard was offered by your company in an email dated October 16, 2012. A subsequent email dated July 1, 2013 demanded a price increase to $54.67 per cubic yard. The City of Dayton agreed to the prices offered and issued several (Notices of Possession) for work on these contracts. The City of Dayton expects and demands that the work be completed for the agreed upon price. Five NQPS (Notices of Possession) on these contracts including 12 properties covered under this price agreement have not been completed: 1. CT12-0526 #3 was issued on June 6, 2013. Completion date was August 28, 2013. 223 Fairview Z. 11 was issued iune 4, 2013. Completion date was August 15, 2013. 224 Hawker, 211:1 Fourth 3. (712?0531 MOP 1a was issued lune 27, 2013. Completion date was September 18, 2013. 827 Euclid, 252-54 5 Harbine, 149-51 5 Erwin ii. CT13-0680 NOP 1 was issued August 8, 2013. Completion date was October 23, 2613. 123 Fountain, 2:316 Grandview, 2241 Third S. CT13-0680 NOP 4 was issued August 21, 2013. Completion date was November 6, 2013. i1? Bolton, 33.95 Hoover, 836 Xenia (rear) ?anuary 8, 2014 Messrs. Ranch and Welts Pursuant to item 119.04 of the and Materia! Specifications, you have five catendar days from the date of th?s ietter t0 begin to comptete the work tistad an the previous page. Further; if you faii t0 comp?ete and care this incomplete work within 30 caiendar days tram the ctate 0f this letter, the City wit? terminate yaur cantracts far cause in accordance with item 119.64. NOPS are attached. 4E Marl? uel'er, dtement Specialist Praject Manager, CT13-0680 Nathan Zebrowski Acting Division Manager C: Mr. Riordan Mr. Earley Ms. Dickstein Mr. Danish Mr. Musto Mr. Cromartie Mr. Zimmer Lexon Insurance Company attachments Latest Rauch Cure Letter timeline: . ., 1~10~14 1?16?14 1-29-14 2-344 2?9?14 2-18? 14 Served Cure Letter via fax and US mail/ fax from Rauch acknowledging receipt of Cure Letter Meeting with Dan Feucht ?Rauch Controller, He agreed that they would complete work in 36 days. Kevin Powell reiterated that we were standing by the letter. Required start date RAPCA start date based on Rauch/Humble Env. SOP and Noti?cation (day 19) Actual start date (day 24) Required completion date 6 of 12 demolitions completed to minimal rough grade (day 39) CNS-0680 Accept of work ACCEPTANCE OF WORK To: Director of Pubttc Works Date: 5/24/2018 From: Nuisance Abatement Code: 283092420415932 Code: 4002324204 159-32 Contractor: Steve Ranch inc. Fund: 28809 Fund: 40023 Description of Contract: CT13-0680 MOVING OHEO FORWARD DEMOLITION PROGRAM ABATEMENT RESIDENTIAL NIH-2013 Partial Pay Estimate Contract Awarded 5/24/2013 Finei Pay Estimate 16,270.99 Time Bid From Fund 28309 217,099.37 Started Work 8/5/2013 From Fund 40023 217,099.38 Totai To Be Paid 434,198.75 Compieted Work 8/11/2014 Bid Price 420,173.75 Totai Days Change Orders Modified Contract Price Days Consumed 5% Retainage 16,270.99 Balance 0 WD Remainder $108,778.99 AII work associated with this contract has been completed. The retainer may be reteased Immediateiy Nuisance Abatement Speciaiist Kevin Poweii, Acting Manager Housing Inspection Page 1 DEPARTMENT OF BUILDING SERVICES Michael Cromaitie, interim Director Contract No. Amount of Contract $434,198.75 herewith report the foiiowirrg quantities for Estimate No. 1 Partial Payment to be paid STEVE RAUCH NC. 1850 Soidiers Home-West Rd. Dayton, OH 45418 Moving Ohio Forward Demolition Program Nuisance Abatement Residential - 2013 NOP 1 ADDRESS DEMO GRADING @$0.001fsf AMOUNT 123 Fountain 23995 137,846.50 t9,298.51 4,299 4.30 2416 Grandview Ave 30863 123,671.42 17,314.00 4,726 4.73 2241 Third St 21654 210,089.00 29,412.46 2,252 2.25 0.00 123 Fountain 23995 0.00 Adjustment for work compiated by Other Contractor ~1 ?63.83 2416 Grandview Ave I 30863 I 0.00 Adjustment for work compieted by Other Contractor 2,035.07 2241 Third St 21654 0.00 Adjustment for work comoieted by Other Contractor ?6,196.00 0.00 0.00 0.00 0.00 WORK COMPLETED ON NOP #1 $56,741.35 TOTAL WORK COMPLETED $56,741.35 10% RETAENER SUBTOTAL $51 ,06?721 AMOUNT DUE $51,067.21 i hereby certify that the above quantities are correct and the work has been done according to contract, and that i have record of the above estimates. Prepared By: Approved: DEPARTMENT OF BUILDING SERVICES Michaet Cromartie, interim Director Contract No. Amount of Contract herewith report the following quantities for Estimate No. 4,2. 8 3 Adjusted ?artiai Payment to be paid STEVE RAUCH 1850 Soldiers Home?West Carrollton Rd. Dayton, OH 45418 Moving Ohio Forward Demolition Program Nuisance Abatement Residential Ell - 2013 and NOP #3 Adjusted ADDRESS DEMO DEBRIS GRADING $0.14/cf $0.01/cf $0.001/st AMOUNT 117 Belton 15133 84,348.00 11,808.72 3,598 3.60 3109 Hoover 50192 pt. 88,526.35 12,393.69 4,626 4.63 836 Xenia (rear) 13910 pt. 218,680.00 30,6t 5.20 1,6t 8 1.62 0.00 3109 Hoover 50192 pt. 0.00 Adjustment for work completed by Other Contractor -1,063.83 836 Xenia (rear) 1 13910 pt. I 0.00 Adjustment for work completed by Other Contractor 6,178.19 0.00 NOP 2 Adjusted 0.00 [See attached tist ~4,255.32 NOP 3 Adjusted 0.00 See attached tist 6,382.98 WORK COMPLETED Adjusted 36,947.13 WORK COMPLETED 126,831.71 TOTAL WORK COMPLETED 163,778.84 10% RETAENER SUBTOTAL $147,400.96 PREVIOUS PAYMENTS $114,148.54 AMOUNT DUE I $33,252.42 I hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: 2 ADJUSTEO ADDRESS AMOUNT 287 Hunter 25450 Adjustment for work completed by Other Contractor -1 063.83 1107 Richmond I Adjustment for work completed by Other Contractor ?1,063.83 146 Westwood I 35895 I I Adjustment for work completed by Other Contractor -1 ,063.83 130 Woodward I 21032,33pts. I I Adjustment for work completed by Other Contractor 4 ?63.83 Total I I I ~4,255.32 NOP 3 ADJUSTED ADDRESS LOW AMOUNT 604 Fulmer 67987 0.00 Adjustment for work completed by Other Contractor ?1 ?63.83 909 Linden I 28268-9pt. I I 0.00 Adjustment for work compteted by Other Contractor -1 ?63.83 1617 Riverview I 40672 I I 0.00 Adiostment for work compteted by Other Contractor 4 ,063.83 1801 Rivervlew I 39899 I I 0.00 Adjustment for work compteted by Other Contractor .1,063.83 5001 Riverview I 70094 I I 0.00 Adjustment for work compteted by Other Contractor ?1 ?63.83 277 Westwood I 49608 I I 0.00 Adjustment for work com pteted by Other Contractor ?1 ,063.83 Total I I I ?6,382.98 DEPARTMENT OF BUILDING SERVICES Michael Cromartie, interim Directer Contract No. CT13-0680 Amount of Contract $434,198.75 1 herewith report the following quantities for Estimate No. 5 Adjusted Partiai Payment to be paid STEVE RAUCH INC. 1850 Sotdiers Home-West Carrotlton Rd. Dayton, OH 45418 Moving Ohio Forward Demotition Program Nuisance Abatement Residentiat HI 2013 NOP 5 Adjusted ADDRESS DEMO DEBRIS GRADING @3014/01? @8001/01 @80001/sf AMOUNT 21345 Fairview 43118 53,939.00 7,551.46 5,602 5.60 258 Filtmore 902?: pt. 30,514.00 4,271.96 2,413 2.41 27 Hotlencamp 63756 33,099.00 4,633.86 5,279 5.28 1330 James McGee 52939 pt. 32,241.00 4,513.74 10,798 10.80 27?29 Norman 40984 77,451.00 10,843.14 7,139 7.14 1129 Wildwocd 28968 35,116.00 4,916.24 4,90t 4.90 0.00 NOP 5 Adjusted 0.00 See attached list 40,278.48 0.00 WORK COMPLETED ON NOP 5 Adjusted 26,488.05 WORK COMPLETED 163,778.84 TOTAL WORK COMPLETED 190,266.89 (-) 10% RETAINER $19,026.69 SUBTOTAL $171,240.20 PREVEOUS PAYMENTS $147,400.96 AMOUNT DUE $23,839.25 hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: NOP 5 ADJUSTED ADDRESS Lo?t# AMOUNT 213-15 Fairview 43118 0.00 Adjustment for work com ateted by Other Contractor ?1,063.83 258 Filtmore 9021 pt. 1 0.00 Adjustment 1for work com Die-ted by Other Contractor ?1 ?63.83 27 Hollencamp 63756 I 0.00 Adjustment for work com ateted by Other Contractor ~4,959.33 1330 James McGee 52939 pt. I 0.00 Adjustment for work com stated by Other Contractor ?63.83 27229 Norman 40984 0.00 Adjustment for work completed by Other Contractor ?1,063.83 1129 Wildwood 28888 I 0.00 Adjustment for work completed by Other Contractor -1 363,83 Total DEPARTMENT OF BUILDING SERVICES Michael Cromartie, interim Director Contract No. Amount of Contract $434,198.75 herewith report the following quantities for Estimate No. 6 Adjusted Partial Payment to be paid STEVE Ft RAUCH INC. 1850 Soldiers Home~West Carrollton Fid. Dayton, OH 45418 Moving Ohio Forward Demolition Program Nuisance Abatement Residential 2013 NOP it 6 Adjusted ADDRESS LOtii DEMO DEBRJS 080.0001 AMOUNT 140.142 Cambridge 25245 86,274.00 12,078.38 5,798 5.80 208-210 Cambridge 28728 65,t00.00 9,114.00 5,998 8.00 801 Oxford 25180 122,818.00 17,194.24 5,881 5.88 004-808 Oxford 25156 83,428.00 8,879.84 5,881 5.88 2028 Victoria 71424 47,872.00 8,702.08 5,702 5.70 208 Walton 49874 34,909.00 4,887.28 4,728 4.73 0.00 NOP it 6 Adjusted 0.00 See attached fist 6,319.15 0.00 WORK ON 1r 8 Adjusted 53,570.42 PREVIOUS WORK COMPLETED 190,288.89 TOTAL WORK COMPLETED 243,837.31 (4) 5% $12,191.87? SUBTOTAL $231 845.44 PAYMENTS $171,240.20 AMOUNT DUE $80,405.24 hereby certify that the above quantities are correct and the work has been done according to contract, and that i have record of the above estimates. Prepared By: Approved: NOP 6 ADJUSTED ADDRESS AMOUNT 2082: 0 Cam bridge 28726 0.00 Adjustment for work com pteted by Other Contractor -1 ,068.83 601 Oxford 25180 1 0.00 Adjustment for work completed by Other Contractor ?1,063.83 604?608 Oxford 25156 I I 0.00 Adiustment for work completed by Other Contractor ~1,063.83 2028 Victoria "71424 I i 000 Adjustment for work completed by Other Contractor -1 ?63.83 206 Watton 49874 0.00 Adjustment for work completed by Other Contractor ~1 ?63.83 Total I I I ~5,31 9.1 5 DEPARTMENT OF BUILDING SERVICES Michael Cromartie, Interim Director Contract No. Amount of Contract $434,198.75 1 herewith report the following quantities tor Estimate No. 7 Adjusted Partiat Payment to be paid STEVE Ft RAUCH INC. 1850 Soldiers HomewWest Rd. Dayton, OH 45418 Moving Ohio Forward Demolition Program Nuisance Abatement Residential 2013 NOP 7 ADJUSTED ADDRESS DEMO DEBRIS GRADING @8014/01? @3001/cf @80001/sf AMOUNT 2200 Germantown 40799 36,696.00 5,137.44 4,561 4.56 2216 Germ antown 40803 30,789.00 4,310.46 4,561 4.56 2603 Germantown 29602 64,636.00 9,049.04 5,480 5.48 2012 Lakeview 28886 33,374.00 4,672.36 4,948 4.95 2020 Lakeview 28888 29,172.00 4,084.08 4,948 4.95 2248 Lakeview 29027 63,140.00 8,839.60 5,846 5.85 0.00 NOP 7 Adjusted 0.00 See attached list 6,382.98 0.00 ON Nor5 7 Amus?'f) 29,740.34 WORK COMPLETED 243,837.31 TOTAL WORK COMPLETED 273,577.65 5% RETAINER $13,678.88 SUBTOTAL $259,898.77 PREVJOUS PAYMENTS $231,645.44 AMOUNT DUE $28,253.33 I hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: NOFJ 7 ADJUSTED ADDRESS AMOUNT 2200 Germantown 40799 0.00 Adjustment for work compteted by Other Contractor -1 ,063.83 2216 Germantown 40803 I 0.00 Adjustment for work completed by Other Contractor ?1 ,063.83 2603 Germantown I 29602 I 0.00 Adjustment for work completed by Other Contractor -t ,063.83 2012 Lakeview I 28886 0.00 Adjustment for work completed by Other Contractor ?t ,063.83 2020 Lakeview I 28888 I 0.00 Adjustment for work completed by Other Contractor ~1 ,063.83 2248 Lakeview I 29027 I 0.00 Adjustment for work completed by Other Contractor ?1 ,063.83 Totat I I 86,382.98 DEPARTMENT OF BUILDING SERVICES Michael Cromartie, interim Director Contract No. 3-0680 Amount of Contract $434,198.75 herewith report the following quantities for Estimate No. 8 Adjusted Partial Payment to be paid STEVE Ft RAUCH ENC. 1850 Soldiers Home?West Carrollton Rd. Dayton, OH 45418 Moving Ohio Forward Demolition Program Nuisance Abatement Residentiai ilt 20t3 NOP 8 ADJUSTED ADDRESS DEMO DEBRIS GRADENG @60001/31 AMOUNT 31 Hatfield 491 19 41,448.00 5,802.72 5,367 5.37 2401 Hoover 6/2/0029 40,264.00 5,636.96 5,284 5.28 2306 Lakeview 28941 34,683.00 4,855.62 6,534 6.53 2515 Lakeview 29551 37,579.00 5,261 .06 5,998 6.00 1535 Stewart 38385-86pts 36,086.00 5,052.04 5,301 5.30 136 Trenton 51333 31,680.00 4,435.20 5,798 5.80 0.00 NOP Adjusted 0.00 See attached list ?23,315.15 0.00 WORK COMPLETED ON NOP 8 ADJUSTED 7,762.73 PREVIOUS WORK COMPLETED 273,577.65 TOTAL WORK COMPLETED 281,340.38 5% RETAINER SUBTOTAL $267,273.37 PREVSOUS PAYMENTS $259,898.77 AMOUNT DUE $7,374.60 i hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: NOP 8 ADJUSTED ADDRESS LOW AMOUNT 31 Hatfield 49119 0.00 Adjustment for work compieted by Other Contractor 6,7663 4 2401 Hoover 6/2/0029 0.00 Adfustment for work completed by Other Contractor 3,913.88 2306 Lakeview 1 28941 1 000 Adjustment for work compieted by Other Contractor ?5,213.77 2515 Lakeview 29551 1 1 0.00 Adjustment for work completed by Other Contractor -1 ?63.83 1535 Stewart 38385-86pts 0.00 Adjustm ent for work com pteted by Other Contractor -6,293.70 138 Trenton 51333 I 0.00 Adjustment for work completed by Other Contractor ~1,063.83 Totai ?23,315.15 DEPARTMENT OF BUILDING SERVICES Michael Cromartie, interim Director Contract No. Amount of Contract $434,198.75 I herewith report the foEEowing quantities for Estimate No. 10 Adjusted Partiat Payment to be paid STEVE RAUCH t850 Soldiers Home-West Carrollton Rd. Dayton, OH 45418 Moving Ohio Forward Demolition Program Nuisance Abatement Residential lEl 2013 NOP 10 ADJUSTED ADDRESS DEMO @80001/sf AMOUNT 37-41 Brenner 25627 65,803.00 9,212.42 2,944 2.94 58-60 Horton 11201 64,922.00 9,089.08 5,441 5.4-4 1323?25 Steiner 38353 56,006.00 7,840.84 3,920 3.92 523 Stewart 43771~72pts 26,796.00 3,751.44 5,428 5.43 1226 Superior 24670 pt 41,245.00 5,774.30 5,672 5.67 32 Victor 33056 58,608.00 8,205.12 5,001 5.00 0.00 NOP 10 Adjusted 0.00 See attached list ~1 6,760.89 0.00 WORK COMPLETED ON N05 4 10 AOJUSWD 27,140.72 PREVIOUS WORK COMPLETED 284,840.38 TOTAL WORK COMPLETED 311,981.10 (-) 5% RETAINER SUBTOTAL $296,382.04 PREVIOUS PAYMENTS $270,598.36 AMOUNT DUE $25,783.68 hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: 10 ADJUSTED ADDRESS 1.61% AMOUNT 3741 Brenner 25627 0.00 Adjustment for work compteted by Other Contractor -1 ,063.83 58?60 Horton I 11201 I 0.00 Adjustment for work com pteted by Other Contractor ?6,616.75 1323425 Steiner 38353 I 0.00 Adjustment for work com pteted by Other Contractor 6,441.41 523 Stewart 43771 ~72pts 1 0.00 Adjustment for work compteted by Other Contractor {311.24 1226 Superior 24670 pt 1 0.00 Adjustment for work completed by Other Contractor ?1,063.83 32 Victor 33056 I 0.00 Adjustment for work corn pteted by Other Contractor -1 ,063.83 Totai ~16,760;89 DEPARTMENT OF BUILDING SERVICES Michael Cromartie, interim Director Contract No. Amount of Contract $434,198.75 1 herew?th report the totiowirtg quantities for Estimate N0. 1? Adjusted Partial Payment to be paid STEVE RAUCH WC. 1860 Sotdiers Home?West Carrolltorr Rd. Dayton, OH 45418 Moving Ohio Forward Demolition Program Nuisance Abatement Residentiat - 2013 11 ADJUSTED ADDRESS DEMO DEBRES @80001/31? AMOUNT 2016 Lakeview 28887 52,767.00 7,387.38 4,948 4.95 1265 Leonhard/607 Deeds 23030 63,646.00 8,910.44 2,988 2.99 1201 Linda Vista 33341,42 pt. 108,570.00 15,199.80 7,350 7.35 0.00 0.00 2016 Lakeview 28887 0.00 Adtustment for work completed by Other Contractor ~6,041.06 1265 Leonhard/607 Deeds I 23030 I 0.00 Adjustment for work completed by Other Contractor 2,127.66 1201 Linda Vista 33341,42 pt. 1 0.00 Adjustment for work completed by Other Contractor 9905.54 0.00 0.00 WORK NOT-5 it 13,433.00 PREVIOUS WORK COMPLETED 311,981.10 TOTAL WORK COMPLETED 325,419.76 5% RETAINER SUBTOTAL $309,148.77 PAYMENTS $296,382.04 AMOUNT DUE $12,766.72 1 hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: CT12-0530 Accept of work ACCEPTANCE OF WORK To: {Director of Pubiio Works Date: 1213/2013 From: Nuisance Abatement Code: 28309?2420?1159?32 Code: 40023-24204 159?32 Contractor: Steve Rauch Inc. Fund: 28309 Food: 40023 Description of Contract: CT12-0530 MOF DEMOLETION PROGRAM NUISANCE ABATEMENT l~2012 Partial Pay Estimate Contract Awarded 12/2612012 Finai Pay Estimate 18,007.56 Time Bid From Fund 28309 184,425.29 Started Work 1/29/2013 From Fund 40023 184,425.29 Total To Be Paid Compieted Work 7/26/2014 Bid Price Total Days Change Orders Modi?ed Contract Price Days Consumed 5% Fietainage 18,007.56 Balance 0 WD Remainder $8,699.41 All work associated with this contract has been completed. The retainer may be reieased lmmediateiy Nuisance Abatement Speciaiist Kevin Powell, Acting Manager Housing inspection Page i DEPARTMENT OF BUILDING SERVICES Michaei Cromartie, interim Director REVISED 61612013 Contract No. Amount of Contract $368,850.58 I herewith report the foIiowing quantities for Estimate No. 11,314 (Adjusted) Partiai Payment to be paid STEVE RAUCH INC. $850 Soldiers Home-West Rd. Dayton, OH 45418 2012 Nuisance Abatement Program MOF Residentiat Demoiit?on I Kind of Improvement ADJUSTED NOP 11, NOP NOP #14 ADDRESS DEMO DEBRIS GRADING @$0.001lsf AMOUNT 224 Hawker 8149 84,420.15 11,396.72 4,609 4.61 0.00 2111 Fourth St. 5706?? ots 95,478.51 16,939.60 3,546 3.55 0.00 0.00 224 Hawker 8149 0.00 Adjustment for work completed by Other Contractor NOP #11 -1,063.83 113 Marion 6-2?32 I 0.00 Adjustment for work completed by Other Contractor NOP #3 -1 ,063.83 1112 Wiison I 35327 I 0.00 Adjustment for work compieted by Other Contractor NOP #14 ~1 063.83 0.00 0.00 0.00 WORK COMPLETED ON NOP 11,3,14 ADJUSTED 25,152.98 PREVIOUS WORK COMPLETED 223,137.07 TOTAL WORK COMPLETED 248,290.06 (-) 5% RETAINER 612,414.50 SUBTOTAL $235,875.55 PREVIOUS PAYMENTS $211,980.22 AMOUNT DUE $23,895.33 i hereby certify that the above quantities are correct and the work has been done according to contract, and that I have record of the above estimates. Prepared By: Approved: DEPARTMENT OF BUILDING SERVICES Michael Cromartle, interim Directo;r Contract No. Amount of Contract $368,850.58 I herewith report the foilowing quantities for Estimate No. 15 Adjusted Partial Payment to be paid STEVE RAUCH ENC. 1850 Soidiers Home~West Carrollton Rd. Dayton, OH 45418 2012 Nuisance Abatement Program MOF Residential Demolition Kind of Improvement NOP 15 ADJUSTED ADDRESS DEMO DEBRES GRADJNG $0.135/cf .01/cr' $0.001/sf AMOUNT 2218 Second 40 928.00 5,525.2 5 741 5.7 1112 Wiison 35327 000 Extra for Dead Tree 3,703.70 500.00 0.00 0.00 0.00 2218 Second 32-2-6E 0.00 Ad ustment for work Other Contractor 6,083.63 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . PREVIOUS WORK COMPLETED 359 203.78 TOTAL WORK COMPLETED 360 151.17 - 5% RETAINER -$18 007.56 SUBTOTAL $342,143.61 PREVIOUS PAYMENTS $341,243.59 OUNT DUE i hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: mason cums -. x0: 8 5 HAWKER CTIZOS wnsou cums - cono cnz-os 5033, 3 1205 r: MCGEE cnzoss ,3 I EUCUD 12053 . 4353 7 04. 2 . 43 5 2-053 4153 fab. AIRVIIEW uawsw 5 5 757. '17 032, (13714} 753.3% I CT12 052 CT 2:35: 07 194.59 1 1306? 3mm 13?0680 13-0680 130680 13-0680 13-41580 RVIEW 13-0680 LMORE 13-0630 - NCAMP 13-06% Bad Fill ES MCGEE 13-0680 AN 13-0630 ILDWOOD 13 0680 MBFUDGE 13 0680 FORD 13 0680 FORD 13-0680 IA 130530 TON 13-0680 5:53.53 OPEN ROUGH no comm HOLE GRADE mm ACTION 8/14/2014 2200 GERMANTOWN 7 0' 13-0680 Yes YES YES 2216 7 (313-0680 Yes i 3 YES 2603 GERMATOWN 1' CT 130680 Yes YES h? 2012 LAKEVIEW 2 CT13-0680 Yes r: .. 2020 LAKEVIEW 7 CTR-0680 Yes .115 YES i: 2248 LAKEVIEW 7 CTR-0630 Yes 958 31 8 CT13-0680 Yes 25 5 MOP Remedial Bad Fill 2401 HOOVER CTR-0680 Yes is ?r HOP Remedial Bad Fill 2306 LAKEVIEW 8 (313-0680 Yes 4% HOP Remedial Bad Fill 2515 LAKEVIEW a CUB-0680 Yes 1535 STEWART 5 (713-0680 Yes :8 ~15 HOP Remedial Bad Fill 136 TRENTON 8 (313-0680 Yes 45 YES 6 37-41 BRENNER 10 GTE-0680 Yes 155 YES 58-60 HORTON 10 {1713?0680 Yes NOP Remedial Bad Fill 1323-25 STEINER 10 CT 1 3-0680 Yes It 5 HOP Remedial Bad Fill 523 STEWART 10 CT 13-0680 Yes 4&5 rE HOP Remedial Fill Need 1226 SUPERIOR 10 CT 13-0680 Yes 5 32 VICTOR 10 CT 13-0680 Yes 7-8; 2016 LAKEVIEW 11 CT 1343680 Yes YES HOP Remedial Bad Fill 1265 LEONHARDI 11 (113-0630 Yes YES YES Fence Dmg. 607 news W, 1201 LINDA VISTA 11 (11' 13-0680 Yes 'r ?3 ?55 NOP Remedial Bad Fill 5 7.44 313/3358 52/17? 1:93:70 $3.13.?53 5. 1/4/41! sway a 091-55 994:5; 53? 331 west secoeo grocer omtow, some {353102 5337333697? - Fax 93? 33.34294 or DAYTGH, 0am ?uth?iNG 0F january 8, 2614 WA A313 0.5. Steve R. Reach, President J. Scott Waits, Project Manager Steve R. Ranch, Inc. 1550 Soidiers Home Carroiiton Rd Dayton, OH 45417 RE: NOTICE OF FAILURE TO PROSECUTE WORK, AM) DEMAKD CURE 0N CONTRACTS 1243526, (37120530, CT 12-0531, CT 13-0630 Dear Messrs. Reach and Weils: The ietter is a formal notice that Steve R. Ranch, inc. has faded to prosecute the work with the necessary force and in a timeiy manner in violation of the above~referenced contracts. An agreement to complete the work on these contracts and specific NOPS for a price of $50.62 per cubic yard was offered by your company in an emaii dated October 16, 2012. A subsequent email dated July 1, 2013 demanded a price increase to $54.67 per cubic yard. The City of Dayton agreed to the prices offered and issued several (Notices of Possession) for work on these contracts. The City of Dayton expects and demands that the work be completed for the agreed upon price. Five NOPs (Notices of Possession) or: these contracts including 12 properties covered under this price agreement have not been completed: 3. CTR-43526 NOP #3 was issued on June 6, 2013. Completion date was August 28, 2013. 223 Fairview 2. 11 was issaed June 4, 2513. Completion date was Aogust 16, was. .224 Hawker, 2114 Foorth 3t 1a, was tssoed tone 263.3. Compietioo date was September 18,. 2913. Eeciid, 252-54 5 Heroine, 1439-53. 5 irwin it. CT1343686 HOP 1 was issued August 8, 2013. Completion date was October 23, 203.3. 123 Fountain, zeta 22:31 a! ?third 3. C?i?13wt?3683 it wag iesoed Aogdst 2013. Compietion date was November 6, 2&13. 11? Belton, 3105 Hoover, B36 Xenia (rear) January 3, 2914 Messrs. Ranch 3m} Weiis ?9msuant to item 119.911 the Constructien and Materiaf Sgeci?cat?ons, you have five calendar days from the date this Letter to begin ta compfete the work iisted an the previeus page. Farther; if yin; faii t0 compiete and cure this imam-plate wark wiih?n 38 calendar days the date {if this fetter, the City win terminate your cc?tram?s far cause in accer?ance with Rem 119.9%. MOPS are attathed. Marty uel an, Specialist Project Manager} (27130639 Nathan Zebrowski Act?ng Divisien Manager C: Mr. R?ordan Mr. Earley Ms. Dickstein Mr. Danish Mr. Mustc: Mr. Cromartie Mr. Zimmer Lexon Ensurance Company attachments - 2?28-14 Phone message from Rauch foreman Dave Spencer informing that no work would be done on Dayton jobs and that they would inform the City when work would resume. 2~28-14 About one hour after that phone message, Rauch workers were discovered backfilling and doing earthwork at 223 Fairview. When questioned, Dave Spencer replied that this was not one of the ten bad sites and they thought they could work there. He was reminded that all backfill was required to be inspected and that they had violated that order. He was ordered to remove his men and equipment from the job immediately and not to resume work until further notice. 0 Approx hour later, work was still ongoing and backfill being deposited. When questioned, Spencer replied that Steve Rauch told them to continue working and disregard the orders from the City. A call was placed immediately to Steve Rauch. He admitted that he personally directed his workers to place backfill and to ignore the orders from the City. After a conversation with Mr. Rauch the workers and equipment were pulled from the job. 0 2?28-14 Email from Steve Rauch lnc. requesting another meeting to resolve their non-compliance and poor performance issues. 6T12w0526 Accept of work ACCEPTANCE OF WORK To: Director of Pubiic Works Date: Feb. 22, 2013 From: Nuisance Abatement Code: 26015-24204 159~32 Contractor: Steve Ranch inc. Fund: 26-015 Description of Contract: NUISANCE ABATEMENT PROGRAM - DEMOLITION it 2012 (FEDERAL CDBG FUNDS) Partial Pay Estimate Contract Awarded 12/19/20t2 Final Pay Estimate Time Bid From Fund 26015 245,863.00 Started Work 3/6/2013 Total To Be Paid 245,863.00 Completed Work 8/11/20t4 Bid Price Totai Days Change Orders Modified Contract Price Days Consumed 10% Retainage $12,048.60 Balance 0 Wt) Remainder $125,376.96 All work associated with this contract has been compieted. The retainer may be reieased Immediately Nuisance Abatement Specialist Kevin Powell, Acting Manager Housing inspection Page 1 DEPARTMENT OF BUILDING SERVICES Michael Cromart?e, Interim Director Contract No. Amount of Contract $245,883.00 1 herewith report the foiiowing quantities for Estimate No. 1 Partiat Payment to be paid STEVE RAUCH 1N0. 1850 Soidiers HomewWest Carrciiton Rd. Dayton, OH 45418 2012 Nuisance Abatement Program Commercia! Demciitioo II Kind of improvement NOP It 1 DRESS DEMO DEBRIS GRADING 4 @8002/(21? AMOUNT 3017 Hoover 50198-99 117,560.00 15,282.80 8,625 345.00 2110 Third St. 5691? 18,651.00 2,424.63 5,69?? 227.88 3525 Third St. 48835 11,986.00 1,558.18 427 17.08 2500 Vance 75855 101,515.00 13,196.95 24,481 979.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WORK MPLETED ON #1 081.76 TOTAL WORK COMPLETED $34,031.76 10% RETAINER $3,403.18 SUBTOTAL $30,628.58 UNT DUE i hereby certify that the above quantities are correct and the work has been done according to contract, and that I have record of the above estimates. Prepared By: Approved: DEPARTMENT OF BUILDING SERVICES Mtchaet Cromartie, interim Director Contract No. Amount of Contract $245,863.00 3 herewith report the following quantities for Estimate No. 3 Adjusted Partial Payment to be paid STEVE RAUCH INC. 1850 Soldiers Home-West Carroitton Rd. Dayton, OH 45418 20t2 Nuisance Abatement Program Commercial Demolition Kind of improvement NOP rt 3 ADJUSTED ADDRESS DEMO DEBRIS GRADING @3004/sf AMOUNT 223 Fairvtew 43117 236,356.46 30,726.34 2,840 113.60 0.00 0.00 0.00 217 Fairview 43118 36,169.00 4 701.9?? 69.68 0.00 223 Fairview 43117 0.00 usted work com Other Contractor ~t ,063.83 21? Fairview 43118 0.00 usted work com ed Other Contractor -t 063.83 0.00 0.00 0.00 0.00 PREVIOUS WORK COMPLETED 38 846.01 TOTAL WORK COMPLETED 72,329.94 10% RETAINER SUBTOTAL $65,096.95 PAYMENTS ,961.41 NT DUE hereby certify that the above quantities are correct and the work has been done according to contract, and that I have record of the above estimates. Prepared By: Approved: DEPARTMENT OF BUILDING SERVICES Michaei Cromartie, interim Director Contract No. Amount of Contract $245,863.00 I herewith report the foiiowing quantities for Estimate No. 5 Adjusted Partial Payment to be paid STEVE RAUCH NC. 1850 Soldiers HomewWest Carrollton Rd. Dayton, OH 45418 2012 Nuisance Abatement Program Commercial Demolition il Kind of improvement NOP 5 ADJUSTED ADDRESS DEMO DEBRJS GRADENG @8013/03? @8004/cf AMOUNT 124 Findlay (Rear) 17504 pt 74,022.00 9,622.86 aka 126 Findlay 2,960 118.40 156 Nassau 13922 pt 20,293.00 2,638.09 5,706 228.24 2235-87 Third 21664w55pts 64,220.00 8,348.60 2,405 96.20 0.00 124 Findlay (Rear) 17504 pt 0.00 Adjusted per work completed by Other Contractor 4 063.83 156 Nassau I ??3922 pt I 0.00 Adjusted per work completed by Other Contractor ?1 063.83 223537 Third 1 2t 654-55pts I 0.00 Adjusted per work completed by Other Contractor 8,757.47 0.00 0.00 0.00 WORK COMPLETED ON NOP 5 A?DJus?o 15,167.26 PREVIOUS WORK COMPLETED 73,222.44 TOTAL WORK COMPLETED 88,389.70 (-) 10% RETAINER $8,838.97 SUBTOTAL $79,550.73 PREVIOUS PAYMENTS $65,900.20 AMOUNT DUE $13,650.53 I hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: DEPARTMENT OF BUILDING SERVICES Michaei Cromertie, Interim Director Contract No. 2?0526 Amount of Contract $245,863.00 I herewith report the toiiowirtg quantities for Estimate No. 6 Adjusted Partiei Payment to be paid STEVE HAUCH ENC. 1850 Soldiers Horne?West CarroIIton Rd. Dayton, OH 45418 2012 Nuisance Abatement Program Commercial Demolition EI Kind of Improvement NOP 6 ADJUSTED ADDRESS DEMO DEBRIS GRADING @S0.04/sf AMOUNT 29 Burkhardt 62654 pt. 26,810.00 3,485.80 3,049 121.96 254 Vermont 25392 27,623.00 8,590.99 4,522 180.88 0.00 0.00 29 Burkhardt 62654 pt. 0.00 Adjusted per work completed by Other Contractor -1 ,08203 2.54 Vermont I 25392 0.00 Adjusted per work compieted by Other Contractor 637.64 0.00 0.00 0.00 0.00 0.00 WORK COMPLETED ON NOP 6 ADJUSTED 5,659.46 PREVIOUS WORK COMPLETED 88,389.70 TOTAL WORK COMPLETED 94,049.16 10% RETAINER SUBTOTAL $84,644.24 PREVIOUS PAYMENTS $79,550.73 AMOUNT DUE I $5,093.51 I hereby certify that the above quantities are correct and the work has been done according to contract, and that I have record of the above estimates. Prepared By: Approved: DEPARTMENT OF BUILDING SERVICES Michaei Cromartie, Interim {Director Contract No. CT12-0526 Amount of Contract $245,863.00 herewith report the foiiowiog quantities for Estimate No. '7 Adjusted Partiai Payment to be paid STEVE RAUCH INC. 1850 Sofdiers Home~West Carrofltort 312d. Dayton, OH 45418 2012 Nuisance Abatement Program Commorciai Demoiitioo Ii Kind of Improvement NOP ADJUSTED ADDRESS DEMO DEBRIS GRADING $0.13fcf $0.02fct $0.04ist AMOUNT ?1300-04 Fifth 6571-72 pts. 140,384.00 18,249.92 4,334 173.36 3226 Main 45771 73,517.00 9,557.21 6,839 273.56 0.00 0.00 1300-04 Fifth 6571 ~72 pts. 0.00 Adjusted per work compteted by Other Contractor ?753.34 3226 Main 1 4577f 0.00 Adjusted per work com pieted by Other Contractor ~t ,063.83 0.00 0.00 0.00 0.00 0.00 0.00 WORK COMPLETED 5N Noi5 7 Amus? 26,436.88 PREVEOUS WORK COMPLETED 94,049.16 TOTAL WORK COMPLETED 120,486.04 10% RETAINER $12,048.60 SUBTOTAL $108,437.44 PAYMENTS $84,644.24 AMOUNT DUE I $23,793.19 i hereby certify that the above quantities are correct and the work has been done according to contract, and that have record of the above estimates. Prepared By: Approved: 2-18?14 Nuisance Abatement meeting with Law Dept, decision made to allow work to continue to attempt to complete properties on most recent Cure Letter. Once Cure Letter properties are completed CT12-0526 would be terminated. 2-21-14 Improper fiil material found at many recent demo sites including several on the Cure Letter and on another contract not specified on the recent Cure Letter. Improper fill contained re-bar, wood, crushed concrete, bricks, steel, terrazzo, large pieces of asphalt and other materials not approved for fill. Rauch foreman Dave Spencer was informed of discovery and mid not to place any more fill until further notice. 0 2-24?14 Photos taken of improper fill at many sites. 0 2?25?14 Email to Rauch requiring them to notify City prior to any backfill operation so each load could be inspected. 2?2744 Backfilling operations resume. Nuisance Abatement personnel waste approx 20 man hours inspecting trucks. 0 2?27?14 Rauch foreman Dave Spencer agrees to work plan for 2?28?14. Removal of illegal backfill to begin, Spencer will email starting address before starting work. 2~27-14 Small amount of asbestos siding was discovered at 117 Belton Ave. Rauch operator was notified. Dave Spencer was notified on 3-3-14. All asbestos should have been removed prior. Latest Rauch Cure Letter timeline: 1~10~14 0 1-14-14 0 1..15..14 0 13-29?14 0 2?3-14 . 2-9-14 0 248-44 Served Cure Letter via fax and US mail/ received fax from Rauch acknowledging receipt of Cure Letter Meeting with Dan Feucht uRauch Controller, He agreed that they would complete work in 30 days. Kevin Powell reiterated that we were standing by the letter. Required start date RAPCA start date based on Rauch/Humble Env. SOP and Notification (day 19) Actual start date (day 24) Required completion date 6 of 12 demolitions completed to minimal rough grade (day 39) ?25 2 (if i 3 Steve Racch, km. 1533 Scitiic-rg ilcmc- W. Read Daytcm Shir; 45418 Gentlemen: NUISANCE ABATEMENT PROGRAM RESIQENTEAL DEMOLITION El 201 1. 1?0283 This: Transmittal is Natice cf it i5 fer the dcmoliticrt and site clearance at the structures listed 0n the attached sheet. It is the t0 ccntact the Conservaticn Specialist prior to demolition of any structures. Failure to contact the Specialist and failure to cbtain the required inspecticns as outlined in the contract speci?cations may rcsuit in the mt being paid for the demoliticn of the structurcgi it is mandatory that the contractcr have an inspectictt by the Conservation Specialist. The contractor at the time ofthis inspecticn must uncover the sanitary sewer lateral verifying that sanitary plug is still intact, if not, the cciitractcr is t0 recap and have the verifying inspection. Failure to comnlv may result for the demolition (3f the structures which were cannected to said Iatemi. A Notice of under this agreement hereby gives you possessicit cf the entire parccl(s) including the structure and all fer the arid site clearance. This Notice of becomes effective at 12:91 am, Eastern Standard Time in Oliic on Bee. 2613 which is cstabiishcd as the beginning datc activities on this the time fer ccmpictica is days aftcr the {if ii?f??ii??ih a intact Eac- cbtairic? itst?filii?g tici'iiciiticii Kevin Pencil Magagcr it: ii: Wt?" 1*0283 0&8? 3 HOP #15 ADDRESS LOW SEW) 363.531 772 23593 88,220 5.584 72224 Ner?m Ave 7573 80,960 65973 2117 Fi??h 5437 62,44? 3,920 120 McClure M51 2427328 3,049 TOTAL TOTAL ON CONTRACT 1,494,000 585 90,600 HOP 144A 360 89,583 NOP #15 234,355 0 203023 TOTAL USED 1,621,550 350 1091306 BALANCE 427,550 225 49,805