Gv-03 - Roadway Memo 0301

NEW _ _ _YOR _ _ K _ STATE _ _ _ _ SENATE _ __ _ _

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A l. BAN Y, N EW YO RK 12247

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KE 'NETH E RIDDETT EXECUTlIJ COUNSEL TO THE

To:

fORITY

Senator Jos e ph L. Bruno

For you r info rma t i on .

Ken

GOVERNMENT EXHIB IT GV - 3

To: From: Date: Subject:

Senator Bruno Ed Bartholomew Jr., March 2, 2001 Roadway Construction Russ Ball

On Thursday March 1. when I had completed my conversation with Dorie Evans, she put her husband Russ on the line. He indicated a number of issues are now confronting him.

I. WEEKEND V. 'vVEEKDA Y TELECOM WORK Roadway's Telecom Contract for fiber optics ( $8-$]

a Million Contract) for which

the company had been suspended and reinstated after my visit on January 31,

appears to be in jeopardy again. During the course of meetings with Can Ed, it was Russ's understanding that his crews were going to be able to work during t.he week. This past week, Russ has been advised by Can Ed that work was must undertaken onlY on weekends. Russ confirmed that all other contractors on this job must also work weekends. He said that his Roadway crews (8-10) are committed to other projects including the Power Authority on weekends. Therefore, he is seeking to have Can Ed grant an exception and permit his crews to work during the week.

2.CON ED REMARKS TO POWER AUTHOR1TY Russ also complained that while his company was under the brief suspension, a Con Ed superior told the Power Authority that Roadway was reckless and that company was off their bid list. Russ's company is currently working with the Power Authority on a number of projects.

3. CON ED HINDRANCE IN POWER AND TRANSIT WORK Russ also stated that whenever Can Ed is involved in Non NYC work such as Power Authority or Transit they become even more difficult to deal with.

4. REACTION OF ROADWAY'S ATIORNEY In speaking today with Roadway 's Attorney Bob Bannon, he indicated the following: This Telecom Contract is a "when and where" contract for 2 yrs. Following discussions with Can Ed, a revised proposal was developed asking Roadway to establish initially 9 mas of 8 crews who would be kept busy by Con Ed.

On Wednesday February 28, the purchasing agent from Can Ed stated that they can not agree with revised proposal-- due to the scheduling of work. These weekday-weekend restrictions are due to telecom companies selection of heavily traveled areas which necessitates the weekend work.

Attomey claims that Can Ed is not being fair to Roadway. His Solution : Can Ed needs to authorize Roadway to do weekday work with increase crews on weekends. A letter is being sent to Can Ed from Roadway on Monday March 5--copy being faxed to my attention. Recommendation :

• Await arrival of letter and review content EB call McGrath for his comments • Comply response for your review and determine next course of action