HomeMy WebLinkAbout5.0 General Correspondence City of Fontana
CALIFORNIA
February 26, 1996
File: Washington Drive Sewer Project
Andy Trac.hman
Birtcher Trachman Properties
1552 Edris Drive
Los Angeles, California 90035
RE: Quit Claim of Easement Subsequent to the Removal of the
Existing Pump Station on Washington Drive
Dear Mr. ~r~:
As requ,es~ed, the City of Fontana has processed a quit claim deed
necessary to vacate the portion of the subject easement which was
no longer needed after 'the pLmp station was removed.
Attached for your files is a copy of the recorded quit claim deed
which includes an exhibit shc~ing the area of the quit claim.
If you should have any questions regarding this matter, please
contact me at (909) 350-7613.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTS. lENT
Engineering Division
Robert W. Weddle, P.E.
City Engineer
RWW:RS/cye
Enclosures
co: Special Projects (Y.P.)-w/attachments
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE · FONTANA. CALIFORNIA 92334-0518 ', (909) 350-7600
EecordlKI In OffIcial Records, County o(
San Bernardlno, Errol J. rlackzum, Recorder
16.88
Doc No, ~ 9968824974
~: 34pm e ~/24/96
Recording Re~esied By: 885 1847779 e~ 86
~en Recorded ~ail To:
Engineering Division P6 FEE ' A~ GIM$ ,w,lm,,.., ,~
P,O, Box 518
Fonm~, CA ~2334 S
Assessors Parcel No's: 0251-171-17, 0251-17:[~18
~cadon: W~h~gton Drive, ~een C~rcs=~ Avenue ~d Jumper Avenue
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DGCUMENTARY TRANSFER TAX IS $ None
unincorporated area City of Fontann
Parcel No's. 0251-171-17. 0251-171-18
[~'computed on full value of property conveyed, or
Cl computed on full value less value of liens or
encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowl edged,
CITY OF FONTANA, a munidpsl cewporatton,
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
Bincher Trachm~n Properties LTD., A California Partnership,
the following described real property in the City of Fontana, County of San Bernardino, State of
California:
See Lega Description, Exhibit "A", sheet 3 of 4, and Deed Plat, Exhibit 'B", sheet 4 of 4, made
a pan: herein.
Sheet I of 4
City Parcel No. 2867
City Manager, C ~' of Fontarm
ALL-PURPO, E ACKNOWLEDGMEI~Fr
State of Cali ~ornia }
County of 8a~ Bernardill. O } ~
On 1/17/96/ before me. P~r4,~ inn ~arv,:ln, l~la~py Publ,ic
personally appears Cragnry C. na,rOrllaUx
NAMR(~ OF SI6NBR(S}
~ personally know w me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person{-~
whose nam ai subscribed to the widfin instrument and acknowledged to me tha(~she/they executed
a; pesa~;o~i 3eir authorized capacity{4ss-~ and that byi~j~her/their siSnature,(efon the instrument
entity upon behalf of which the petsohiO, acted~ executed the instrument.
~/~r official sea/.
SIGNATURE OF NOTA
Sheet 2 of 4
City Parcel No.2867
E(HIBIT "A"
LEGAL DESCRIPTION
Being a portion of the easement conveyed to the City of Forearia, on October 12, 19~0, as recorded in
Official Record ~)-408045, of the records of ~ae San Bernardino County, more specifically described as
follows:
That portion of the West 2.70 acres of the East 5.55 acres of the North 10,96 acres of Lot 735, Semi-
Tropic La~d & Water Company subdivision recorded iuMap Book 11, Page 12, San Bernardino County,
S~ate of California, described as follows:
Beginning at a point on West line of the East 1/2 of the West 1/2 of the West 2.70 acres of the ~
~.56 acres of the North 10.~j acres of said Lot 735, said point being on the northerly right-of-way
line of Washington Drive; thence noz~erly along the west line of the parcel of land described
above, North 00"12' 44" West, 45.00 feet; thence North 89°4Y46" East, 110.00 feet; thence
South 00 ° 12'44" East, 45 .00 feet to a point on said North line of Washington Drive; thence
westerly along said North line of Washington EMve, South 89 °45'46" We~ 110.00 feet to
the TRUE POINT OF BEGINNING'. ' '
Excepting therefrom areas south of the fOHowing described line:
Beginning at a poim on West line o~'the East 1/2 of the West 1/2 of the West 2.70 acres Of
the Eas: 5.56 acres of the North 10.96 acres of said Lot 735, said point being on the northerly
right-of-way line of Washington Drive; thence easterly along said North Line of Washington
Drive, North 89045'46" East, 24.23 feet; thence North 75 °26'20" East, 54.25 feet; thence
South 14°33'40'' East, 13.85 feet to a poim on said northerly right-of-way line of
Washington Drive, being South 89°45'46" West, 80.23 feet t~om the Point of Beginning.
The Basis of B caring described hereon is ba~d on the centerline of Washington Drive being North
89 °45'46" East per Parcel Map 14412 as recorded in Book 153 of Maps, Pages 9 through 1 ] of the
records of said County.
Said described parcels are as shown on "EXhibit B", sheet 4 of 4
This documen: was prepared under supervision of: ~~tss~~
~'~/~. ~C./~ /- / 7- '9 ~ Sheet 3 of 4
RobeR W. Weddie, P.E. Date CiW P~cel No.2867
' i (N89'4'5'46"'.i~~ "SS.T.L.&W Co
. _ .............................: ...........%~.2...6:,!_ .........-_..- MY~.~'i 1/~ 2
<~F-"
F-
F-{.C,
U-C:;Z .¢ %- ~
o,_o_ ,f ~,T-
., "' ' ~orn o o :~
~ ~ Z:~ 7 ZO~
bJ
OOEE ~ ~ rr
~ ~ eq~9~ ~ AP.N. 251-~1-18 A.P.N. 251-171-17 ~ < PARCEE 1
\ld ~ ~ c~ M.B.15]/9-11
F CALtf ~- rY
LU<~ 0
Ldr'Or"' Z
"" °~° Portion to be
t,d
110,00' N89*45'46"E ~,;
WASHIN ~ 80.~ 'E
~ +DRIVE _51.81 .-'~_ ~162.61 N894546 E) _
OF WASFIINGTON DRIVE VACAT~'~Dt ' ~ ' )
PORTION ""/F"""~"EZ ...... '~'~'~"~"~';) ........................ '~'~T,~'~;'p-~' ..... "~r425 96'~'~
PER DOCUMENT RECORDED IN SAN BERNARDINO --SOUTH LINE OF NORTH 10.96
COUNTY, ON MARCH 20, 1990, PUBLIC LJTtI_ITY ACRES OF LOT 7,~5, SEMi-TROPIC
EASEMENT RESERVED. LAND & WATER CO. SUBDIV~SION,
( ) Recorded info'mation per P.M 14412, M.B. 155/9-1] M.B.11, PAGE 12.
Acreage=O. 105~acres
Ap rove City Parcel No
CITY OF' FONTANA, CALIFORNIA /? .,g ~- 2867
DEED PLAT ~~c/--------~ s.~T, 0~ ,
Drawn By: Jr
MEMORANDUM
CYFY OF FONTANA
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION/SPECIAL PROJECTS
TO: Ken Jeske, Public Serwices Director ~
FROM: Robert W Weddie P 1 City Engineer
SUBJECT: Washington Drive Sewer Project From Cypress Avenue
To Approx. 803 Feel~ East
DATE: October 23, 1995
Transmitted herewith is a set of "Record Drawings" for Washington Drive Sewer Project, as
listed below. These are for your records and distribution to the appropriate maintenance staff.
The City Council accepted this project as complete on September 5, 1995.
DRAWING NO. TITLE
1815 (Sht. 7 of 20) Inland Empire Center
Juniper Avenue
2315 (Shts. 1-2) Washington Drive Sewer Project From
Cypress Avenue to Approx. 803 Feet East'
cc: Principal Civil Engineer/Special Projects
BIRTCHER 27611 La Vaz Road
Post Office Box A 1
Laguna NigueI, CA 92677-1078
!!i;t I 0 i99 Telephone714831-8031
October 2, 1995
Mr. YousoufPatanwala, P.E.
Associate Engineer/Special Projects
City of Fontana
8353 Sierra Avenue
Fontana, .CaLfornia 92334-0518
RE: WASHINGTON DRIVE SERVER PROJECT
THE INLAND EMPIRE CENTER
FONTANA, CALIFORNIA
Dear Yousouf:
Pursuant to 3'our request, this letter is to serve as our acceptance of the landscape material
installed at the above referenced location.
We apologiz~ for the delay in forwarding this letter to you. If we can be of any further assistance
to you, please call me at (714) 643-7443.
Sincerely,
Vonda Jennings
Property Manager
VJ/spb
Allluqucrquc Chicago Cleveland Colorado Springs Dallas Denver Hackensack Houston lrwind31c Lagaria Nigucl
his Angeles Milwaukee Ontario P~m Desert Pho,~nkx Portland Salt Lakc City Seattle Tempe Washington, D,C.
CITY OF FONTANA
RECORD OF TELEPHONE CONVERSATION
(City Employee)
Organization V~- ~ ~ f. Phone No, ~/a- ~ - ~/~
Comments or Action Required
BEST, BEST & KRIE6ER
LAWYERS
RIVERSIDE 800 NORTH HAVEN, SUITE 120 RANC, HO MIRAG~
ecember 29, 1994
VIA S MAIL
(909) 350-6
Mr. Robert Weddle, P.E.
City Engineer
City of Fontana
8353 Sierra Avenue -..
Fontana, CA 92334-0518
Re: Washington Drive Sewer Relocation Pro~ect
Dear Bob:
This letter follows our office conference of December 20,
1994, concerning the Washington Drive Sewer Main Project and the
abandonment of the Fontana Water Company's existing main. We
discussed your concern that the proposed formal abandonment
agreement was becoming too complex given the relatively small
nature of the project. You asked whether a simpler agreement could
be used, along the lines of the letter agreements the Fontana Water
Company said that it has used in the past.
I spoke with Steve Deitsch after our conversation.
Although, as City Attorney, we believe that a more formal agreement
would best protect the City's interests, we can also appreciate
your economic concerns.
I have attached a copy (with computer diskette) of a
proposed letter to Mr. LoGuidice which will protect the City's
interests, although not to the same extent as the more formal
agreement. Please feel free to make any changes which you feel are
necessary; however, if you make significant changes, we would
appreciate the opportunity to briefly review them before you send
the letter out. You should then attach the referenced map and have
Mr. Devereaux sign the letter. The map we were going to use as an
exhibit for the formal agreement would serve the purpose.
KKR43249
/ BEST, BEST & krlegER
Robert W. Weddle, P.E.
City of Fontana
December 29, 1994
Page 2
Thank you for your time and patience in this matter.
Please call either Steve or me if you have any questions about the
enclosed letter.
Sin ely,
Ke in K. Randolph
ST & KRIEGER
KKR/clU
Enclosure
cc: Gregory C. Devereaux, City Manager
Frank Schuma, Community Development Director
Clark H. Alsop, City Attorney
Stephen Po Deitsch, Esq.
KKR43249
Mr. Frank A. LoGuidice
Vice President - Engineering & Operations
San Gabriel Valley Water Company
Post Office Box 6010
E1 Monte, CA 91734
Re: Abandonment of Water Facilities, Washinqton Drive
Sewer Project, Fontana, California
Dear Mr. LoGuidice:
The City of Fontana ("City") requests that the San
Gabriel Valley Water Company ("Water Company") abandon certain of
its water distribution facilities located in Washington Drive.
This a~andonment is necessary to accommodate the City's
construction of its Washington Drive Sewer Project. This Project
is an important one benefitting the general public and is part of
the City's program to enhance its sewer collection system. If the
Water company is unwilling to voluntarily abandon its existing
water facilities, the City would be forced to consider the use of
its eminent domain powers to acquire that portion of the existing
facilitLes necessary to accommodate the City's construction of its
Project.
We would prefer to resolve this matter by agreement
rather than by the possible initiation of condemnation proceedings.
Accordingly, this letter requests that the Water Company abandon
thatportion of its Washington Drive existing water main identified
in the attached map. In ad. dition, the Water Company will need to
transfer service for those customers which currently receive
service from the existing main to an adjacent Water Company main
already in place under Washington Drive.
The City will pay the Water Company the sum of
$ as full compensation for the Water Company's
abandonment of the existing main and transfer of service to the
adjacent main. The City 'will notify the Water Company when it
needs the Water Company to abandon the existing main and transfer
service. We have agreed that the Water Company will complete its
work within__ days following the City's request. The City will
KKR43252
pay $ to the Water Company within __ days following
the Water Company's completion of its work.
In addition, by accepting the foregoing compensation, the
Water Company will forego all other claims against the City which
the Water Company could have asserted in an condemnation action if
the City had proceeded to file such an action. Furthermore, the
City and the Water Company acknowledge and agree that their
agreement with respect to this Project shall not affect or impair
any other rights, remedies or obligations of them with respect to
other City projects or Water Company lines, equipment or
facilities.
Please acknowledge your agreement on behalf of the Water
Company by signing this letter where noted below. Please return a
signed copy of the letter to me for my files and keep one for
yours.
Your professional courtesy and cooperation is
appreciated. Please call me if you have any questions.
Sincerely,
Gregory C. Devereaux
City Manager
AGREED AND ACCEPTED:
By:
Frank LoGuidice
for the San Gabriel Valley Water Company
KKR43252 -2 -
CITY OF FONTANA
RECORD OF TELEPHONE CONVERSATION
(City Employee)
Subject/~E/,~2~ ~,~
Individual
Organizaton
Items Dis:ussed
Comments ot Action Required
/dee 7192
CITY OF FONTANA
RECORD OF TFLEPHONE CONVERSATION
(CiW Employee)
Individual /Z~ ~, ~
' * ~:. E~c ~, Phone No. ~
Comments of Action Required
· BEST, BEST & KRIEGI[R
LAWY~'RS
RIVERSIDE: 800 NORTH HAVEN. SUITE I~0 RANCHO MIRAGE
(flog) 888-1450 POST OFFICE BOX 4360
ONTAI~IO. CALIFORNIA ~1764
8AN DIEGO
PALM SPRINGS TELEPHONE (909)
(81g) 595-1333
~61g) 3~5'7~64 TiLE:COPIER (90g) 944-1441
ilEC I 5
Decembe~ 13, 1994
VIA FACSIMILE AND U.S. MAIL
909-350-6618
Mr. Robert Weddle, P.E.
City Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92334-0518
Re: San Gabriel Water ComDany's Requested Changes to
Aqreement Reqardinq Abandonment of Washington Drive
Water Main
Dear Bob:
This letter follows your request for our review of the
changes proposed by the San Gabriel Valley Water Company to the
agreement regarding abandonment of the Washington Drive water main.
The Water Company did not identify the changes in the draft which
it returned to the City. We therefore carefully reviewed our
version of the agreement with that proposed by the Water Company.
The following are the noted changes of concern and our comments on
each:
1. The Water Company deleted language in Recital B
which stated that the Existing Main has the potential of stopping
the Project altogether and replaced it with language stating that
the Existing Main simply makes the Project more expensive. It is
my recollection that the Existing Main has the potential for both
increasing the Project costs and possibly precluding the Project
altogether. The Recitals should be as complete and accurate as
possible. If my recollection is correct, then Recital B should be
changed back to the form of the first draft. If the issue is
simply one of increased expense, then the Water Company's change is
acceptable.
2. The Water Company added a sentence to Recital D
which szates that the purpose of the Agreement is to resolve the
City's and Water Company's dispute and to avoid the "expense and
uncertainty of litigation". This "litigation/condemnation" theme
appears in several places throughout the Agreement. Although we
acknowledge the Water Company's desire to characterize their
KKR42909
Robert W. Weddle, P.E.
City of Fontana
December 13, 1994
Page 2
capitulation as being under threat of condemnation, the Agreement
must nonetheless accurately reflect the circumstances. If the City
had formally considered litigation against the Water Company in
this matter, then the proposed addition to Recital D would be
appropriate. It is our understanding, however, that no litigation
was formally considered. If we are correct, then the language
added to Recital D by the Water Company is inappropriate.
3. The Water Company deleted the language at the end of
Section 2 which provides that they would cap and abandon the
Existing Main in accordance with relevant City policies, rules and
regulations. Although probably not necessary to the Agreement, the
fact that the Water Company deleted the language raises the
question as to whether the Water Company believes that it is not
subject to the City's oversight. Please advise if there is a
disagreement between the City and Water Company in this regard.
4. The Water Company has proposed adding the phrase
"just compensation" following-the dollar figure set forth in
Section 4. This ties into 'the Water Company's premise that their
abandonment of the Existing Main follows the City's threat of
condemnation. However, 'the phrase "just compensation" has
independent legal significance and a defined meaning. Unless the
City has gone through the fermal steps of determining that the sum
of $12,650 is "just compensation", then the use of that phrase is
inappropriate.
5. The City Attorney is particularly concerned about
the modification of the release language in Section 5 of the
Agreement. The original version provided that the Water Company
released any claims against the City with respect to the City's
construction of the Project and the Water Company's abandonment and
sealing of the Existing Main. The Water Company has proposed that
the release be limited to claims relating to the abandonment of the
Existing Main. The City Attorney believes that this language is
not sufficient and leaves open the possibility that the Water
Company could assert claims which the Agreement was intended to
release. The original language was designed to release any claims
which the Water Company may assert against the City with respect to
not only compensation for the value of the Existing Main, but
business interruption and other incidental and consequential
damages as well. Although we can understand the Water Company's
desire not to release certain claims against the City related to
the Profect (such as a City employee in a City vehicle injuring a
Water Company employee), we cannot recommend that the City rely
upon 'the release language proposed by the Water Company. At the
very least, the release should include claims for business
KKR42909
Robert W. Weddle, P.E.
City of Fontana
December 13, 1994
Page 3
interruption and consequential and incidental damages related to
the Water Company's ownership interest in the Existing Main.
6. The Water Company deleted language at the end of
Section 7 which clarified the extent of the rights which are
necessary to eliminate the ]Existing Main's interference with the
Project. In keeping with the other changes suggested by the Water
Company, the City Attorney recommends that the phrase "to
accommodate the City's construction of the Project" be added to the
end of Section 7.
7. The City Attorney has reviewed the indemnity
provisions (Section 12) of the Agreement. After further
reflection, the City Attorney believes that there is some ambiguity
in the proposed language. We therefore recommend the following be
substituted:
"The City hereby agrees to indemnify, defend
and hold harmless the Water Company and its
respective officers, officials, employees,
agents and contractors from any and all third
party claims for property damage or personal
injury (including wrongful death) which arise
from the performance of the City's obligations
hereunder. The Water Company hereby agrees to
indemnify, defend and hold harmless the City
and its respective officers, officials,
employees, agents and contractors from any and
all third party claims for property damage or
personal injury (including wrongful death)
which arise from the performance of the Water
Company's obligations hereunder."
8. The standard City signature page should be used. A
copy of ~he appropriate signature page is attached to this letter
for your reference.
We have attempted to confine our comments to those proposed changes
which have a significant legal effect. The other changes proposed
by the Water Company and not discussed herein are acceptable to the
City Attorney.
KKR42909
Robert'. W. Weddle, P.E.
City of Fontana
December 13, 1994
Page 4
Should you have any questions, please call Steve Deitsch
or me.
Since ely, l-
KKR/pko
cc: Gregory C. Devereaux, City Manager
Frank Schuma, Community Development Director
Filipe Molinos, Principal Civil Engineer
Clark H. Alsop, City Attorney
Stephen P. Deitsch, Esq.
KKR42909
IN WITNESS WHEREOF, tile parties hereto have executed this
Agreement on the day of , 1994.
CITY OF FONTANA
Gregory C. Devereaux By:
City Manager Its:
By:
Its:
ATTEST:
Kathy Montoya
City Clerk
(SEAL)
Frank A. Schuma
Community Development Director
Robert Weddle
City Engineer
Robert Graham
Risk Management
APPROVED AS TO LEGAL FORM:
Clark Alsop or
Stephen P. Deitsch
City Attorney
KKR429S7
City of Fontana
CALIFORNIA
December 8, 1994
Kevin Randolph, Esquire
Best, Bes~ & Krieger
800 N. Haven Avenue, Suite 120
Ontario, CA
RE: Agrgement for Washington Drive Water Main Abandonment
City of Fontaria and San Gabriel Valley Water Company
Dear Kevin:
Staff has received a copy of the amended agreement from Fontana Water Company
(San Gabriel Valley Water Company) on subject item and is forwarding it toy our
offices for review and comment.
Our review against your revious version does not reveal any substantive changes
in the deal points, only the legal clarifications they required. If their
changes are satisfactory~ please advise City staff and Mr. LoGuidice so that a
final agreement can be prepared in triplicate for City execution and forwarding
to the Water Company for signatures.
Thank you for your assistance,
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineer'ng Division
Robert W. Weddle, P.E.
City Engineer
RWW:sh
cc: Community Development Director
Principal Civil Engineer/Special Projects
(
Principal Civil Engineer/:apital Improvements
8353 SIERRAAVENUE(P.O. BOX El8) ® FONTANA, CALIFORNIA92334-0518 · (714)350,7600
SISTER CITY -- KAMLOOPS, B.C. CANADA
~lf~ recycled paper
SAN GABRli,=L VALLEY WATER COMPANY
Post Office Box 6010
El Monte, CA 91734
Phone No. (818) 448.6183
FAX No. (818) 448,5530
TRANSMISSI~ )N SLIP Date: December 7, ]994
To: Felip~ vlolinos, P.B, FAXNO,: (909) 350-6618
City of Fontone
Please deliver s copy to:
From:Frank ~., LoGuidlce
This FAX ceil tiara of ~ page(s) (inclutllng this Transmission Slip).
If you hay any difficulty w~h thb transrn~slon, please phone Chrfstlne Sanchez at (818) 448-e183,
DRAF']' - Agreement Regarding Abandonment of Water Main and Release Relative Thereto
AGREEMENT REGARDING 'ABANDONMENT OF WATER MAIN
AND RELEASE RELATIVE THERETO
This agreement Regarding Abandonment of Water Main and Release Relative Thereto
CAgrcemcnt") is made this . day of , 1994, by and between the City of
Fontann ("City"). a municipal corporation. and San Gabriel Valley Water Company ("Water
Comptmy '). a California corporation.
RECITAI..S
This Agreement is made with r,~spcct to the following facts:
A, The City is proceeding with the design and construction of x public sewer main
("Project") which extends beneath the Washington Drive public right of way. The portion of
Washington Drive through which the: Project will be constructed lies partially within the
municipal boundaries of City and parlily within the adjoining unincorporated San Bemardino
County a~ea. A sketch depicting the lLocation of the Project along Washington Drive and the
relative locations of the County and City a~eas is attached and incorporated heroto as Exhibit "A.'
B. Water Company is the owner of a two-inch diameter steel water main
("Existing Main") lying beneath Washington Drive in the area through which the Project will be
constructed. The Existing Main provides water service to the customers located on the north side
of Washington Drive. The location of the Project is such that if the Existing Main is not
~N ~Y;~AN ~A~CL VAlLeY ;12- 7-~4; 14:1~ ; 81844a~0~ 909 ~O ~61~;~ ~
removed it wUI be aignh'Icantly more costly to build the Prnjogt. Also located within Washington
Drive adja~elxt to the ]Existing Main, but not in a poeides to intvfem with the Project, is another
wasmr main ("Adjacent Main*') owned by Watff Company. The Adjacent Mann gould provide
water service to those customers located on the north side of Washingran Drive which curren~y
receive water sexyice from the !~xisdng Water Main.
C. The City has raluestecl that Water Company close and abandon the RainfinS Main
and provide water service to the customers along the north side of Washington Drive from the
Adjacent Mann. Water Cornpiny has agreed to do so, subject to the mrrns and conditions of this
Agreement.
D. City and Water Company each acknowledge the cxistence of a dispute between
the City and Water Company with respect to the !~xisfing Main. The City contends, and Water
Company disputes. that Water Company hits the obligation. both under statueroT and common
law, to relocate. at its sole cost, expense. and liability, the Existing Main to the extent necessary
to accommndate the Cjty's construction of the Project. The City contends, and Water Company
disputes, that this obligation extends not only to the portion of the Existing Main located
underneath the Washington Drive right of way situated within the City's municipal boundaries,
but also to that portion of the ExistinS Main located underneath the Wa.e. hington Drive right of
way situated within the County, The City and Water Company have agreed pursuant to this
Af~'rncnt to resolve their dispute and to avoid the expense and uncermlnty of litigation.
SEN[ DY:~AN fA~K~L VALLEY ;12- ?-84; 14;10 ; 81~44~5530~ 909 350 ~618;~ 4
NOW, 11.1EREFORE, in consideration for the covenants described below, the City and
Water Company agree as follows:
AOREI~-MENT
1. /ncorooratiOn of Rcciti'ls. The City and Water Company agree that the Recitals
set forth above constitute s material pan of the consideration furnish,',4 to the panics hereunder.
2. CooDine of tlxistine Main, Wat~ Company shall, within sixty (60) days
following execution of this Aircement, at its sole cost, expanse and liability (subjcct to the
payment of comlx:nsadon described in Section 4 below). seal the ends of the-Existing ]vlain at
those points identified on ~xhibit "A". Water Company shall also, at its sole cost, expense. and
liability (subject to the payment of compensation described in Section 4 below), provide water
service from the Adjacent Main to those customers located on the north side of Washington
Drive which currently receive water service from the Existing Main.
3. Abandonn~nt of Existinn Main. Following the sealing and n'ans~er of water
service from the Existing Main, as described in Section 2 above. Water Company shall, without
demand for payment other than that sct forth in Section 4 below, irrevocably abandon, and shall
release and quit claim to the City any and all interest which it may have in the Existing Main.
Upon abandonment, Water Company irrevocably consants to the City's tskini of whatever
actions with respect to the abandoned Existing Main the City dcems necessary, in its sole and
absolute discretion, to accommodate the City's construction of the Project. Water Company
acknowledlas and agrees that such actions includ¢, without limitation, the removal and disposal
of the Existing Main, without cost, expense, or liability to Water Company.
4. Piy~mnt of Compensation. In consideration of, and expressly subject to, Water
Company's performance of those obligations set forth in Sections 2 and 3 above, the City shall,
within ten (I0) days following Water Company's abandonment of the Existing Main as described
In Section 3 above, pay to Water Company the sum of Twelve Thousand Six Hundred Fifty
Dollars ($12,650) as just compensation and full and complet~ consideration for the performance
of Water Company's obligations under this Agreement.
5. g~lea~. Upon payment of tha amount set forth in Sacdon 4 above, Water
Company shall release, waive, and forever forego any and all claims or demands against the City
and its officers. officials. employees, agents. and contractors for monetary damages or equitable
relief arising from Water Company's abandonment of the Existing Main. Without limiting the
generality of the foregoing, Wa~' Company hereby expx~ssly releases, walvas, and forever
furScos any and all claims or demands against the City and its officers, officials, ~mployces.
agents, and contractors based upon theories of direct or inverse condemnation, business
intczTupdon. lose of good will, compensation for fair maric¢t value except for the compensation
provided in this Airesmast, arising from the sealinn ~cl abandonment of the Existing Main. as
well as any claims for compensation or damages related to the reconnection of the customers
located on the north side of Washington Drive to the Adjacent Main. This release shall not
preclude the right of Water company to recover for physical damage to Water Company facilities,
other tha .n the Existing Main, if such facilities are damaged by City's agents, employees. or
contract~ ~rs,
No Release of Future Claims With R;sqect to Other Relocation Reuuirements.
City an Water Company each acknowledges and agrees that by entering into this Agreement,
neither te City nor Water Company' has expressly or impliedly agreed to waive, release, or
forego claim or demand with respect to relocatton requirements at any other time o~r place.
~tnder sil liar or different circumstances, for other water transmission lines or any other
equipmet or facilities of Water Company located within public rights of way In the City or
elsewher~ when City believes such rclocation, removal. or replacement is reasonably necessat7
to accom nodate public works projects undertaken by the City or the Fontann Redeve]opment
Agency.
7. Eminent Domain. The ,City acknowledges that this Agreement in entered into in
lieu of en tineat domain proceedings by the City against Water Company to acquire those fights
relative to the Existing Main. but only to the extent that such righL~ are necessary.
8. Enforceable bv Soeci~c ]Performance. Water Company irrevocably acknowledges,
consents. lad agrees that, upon failun; of Water Company to perform any of the obligations
imposed ~ port it pursuant m this Agreement, that such obligations may be made enforceable by
means of a tn order for injunctivc relietr and/or specific performance, Water Company hereby
irrevocabl ' agrees and stipulates that the City would suffer irreparable harm in the nature of the
SENT BY:SAN BABRZE. L VALLEY ;12- 7-94; 14:12 ; 8184485530~ 909 350 8818;# 7
delay to the construction of the Project should Wamr Company fail to perform in iccordancc wiffi
its obligations under this Agreement-
9. Attorney Fees. !n the event any acdon or proceeding is commenced to contest the
validity of this Agreement or to enforce any of its harms or provisions. then the prevailing patty
in any such action or proceeding shall be entitled to recover, in addition to othe~ remedies
available m it, its cost of suit and reasonable attorney fees. For purposes of this Secdon 9, costs
of suit include, without limitation, filing fees, Focessing fees, costs of expert wireeases* cou~t
reporton, ~ the like.
10. AuthoriW m Execute. Each individual signing this Agreement on behldf of the
City and Water Company hereby reFesent and warrant that they have the requisite authority
necessary to bind the party on whose behalf they are signing.
] l, ]neeration/No Modification, Thin Agreement represents the endre understanding
of the pardel with the mstters herein contained. It supersedes all other prior written or oral
agreements inconsistent with its tomas. This Agreement may be modified only by another
waltgee, subscribed by the party m be charged.
12. ,~. The City and Water Company each hereby agree to indemnify, defend.
and hold harmless ~e other and their ~especdve officers. officials, employees, agents, and
SENT BY:SAN 6ABRIEL VALLEY ;12- '/-94; 14:12 ; 818~4485530~ 909 350 6618;~ 8
contz-,'mrs from any and all third pm~, claims for property dimage or p~rsonal injury (including
wrongful deaffi) which erie from the performance of the parties' obligations hereunder.
CITY
Gregory C. Devomaux.
City Manlier
City Clerk
Stephen P, Deitsch,
City Attorney
Rotraft Weddie,
City Engineer
SAN GABRIEL VALLEY WATER COMPANY
President
Secreta~/
.... ~,, o, ra& uuu anu uul8 CITY OF FONTANA ~001
*** TX REPORT ***
TRANSMISSION OK
TX/RX NO 0109
CONNECTION TEL 99441441
SUBADDRESS
CONNECTION ID
ST. TIME 12/08 15:54
USAGE T
PGS. i02'31
10
RESULT OK
FAX. CITY OF
CAL IFOFI N A
COHHUNICATIONS
FROH FAX NO. [714] 350-6618 0
PLEASE DELZVER THE FOLLOi~/NG PAGES TO: N
.A.E:
FROH: ~O~ ~c~DD~. ( N
LOCAT I ON: ~, td~ r3 C.
ACCOU~ NO. PHONE:
(inc' udtng )
~ESSAGE:
CC:
FAX CHARG: I$: $3.00 IST PAGE (EXCLUDING COVER SHEET) $1,50 THEREAFTER.
PLEASE HA(E CHECK PAYABLE TO CZTY OF FONTANA IN THE AHOUNT OF $
City of Fontana
CALIFORNIA
October 17, 1994
Mr. Andrew M. Trachman
Birtcher Trachman
1221 E. Dyer Road, Suite 295
Santa Ana, CA 92705-5635
RE: Washington Drive Sewer Project
Bid No. SB - 71-94
Gentleman:
This letter responds to your request for information on the above referenced project by letter to
this office dated October 12, 1994. (A copy of the letter is attached).
1. There will be no need for a traffic detour for this project. Washington Avenue West of
the pump station site will be the only access affected, only local work area traffic control
will be exercised and local access will be maintained at all times. Should the contractor
need, by unforeseen reasons, to deviate from this schedule, your office and emergency
services will be contacted timely and a copy of a traffic detour plan will be sent to all
concerned, including your office.
2. Fire Department requires notification only if the street is closed to through traffic.
Washington Drive will not be closed to traffic during construction.
3. The sewer service will continue uninterrupted throughout the construction period. We
will also include that statement in the specifications and stress it during the pre-
construction meeting.
4. A copy of the signed plans and Specifications is hereby transmitted for your review and
approval. City approved landscape work is included as part of the plans see sheet 2 of
2 and Appendix I of the specifications.
E353SrERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA92334-0518 · (714) 3504600
SIS'TER CITY -- KAMLOOPS, B.C. CANADA ~l~ recycled paper
Mr. Andrew M. Traehman
October 17, 1994
Page 2
5. The City proposed reduced size o.f the easement is also transmitted as an attached exhibit.
The recordation of the easement ~,~hall take place after recordation of notice of completion
for t~e sewer project and City Council action for vacation of a portion of the easement,
as shown on the attached exhibit referenced above.
The City is anticipating advertising this project for public bidding in the third week of
November. Please contact this office at (909) 350-6641 if any further clarification is required
on the project.
Sincerely,
COMMIJN]TY DEVELOPMENT DEPARTMENT
Engineexing Division
Felipe Molinos
Principal Civil Engineer/Capital Improvements
FM:km
co: City Engineer
Associate Engineer/Special Projects
1221 E. Dyer Road, Suite 295
gI I{TC H 1~ R Sa,~ta Aria, CA 92705-5635
Telephone: 714-850-1411
Fax: 714-850-9(142
October 12 1994
Mr. Robert Weddie
Mr. Felipe Molinos
The City of Fontana
8353 Sierra Avenue
Fontaria, CA 92335
RE: WASHINGTON DR!VE SEWER PROJECT
BID NO. SB-71-94
Gentlemen:
We are in receipt of the specifications for construction of the above referenced project. Th is
information was submitted for our review and approval. The specifications provided have
been approved subject to the terms ancl conditions stipulated below.
1. The City of Fontaria agrees to provide a copy of the traffic detour plan submitted by
the contractor.
2. MI construction activities shall be coordinated with the Fire Department. The City
will provide written confirmation from the Fire Department that the required
coordination has been accomplished.
3. The City will provide written confirmation that the sewer service will continue
uninlerrupted throughot~t the construction period.
4. The City of Fontaria will submit a copy of the landscape plans for the area in
ques ion for review and approval. Said plans will be reviewed to confirm
conformance with the existing handscape design of the Center.
5. AddHonally, we would like to reduce the size of the easement to enable the
maximization of the site for integration into future development to the West.
Page Two
Robert Weddie and Felipe Molinos
October 12, 1994
Please arrange to have the requested information forwarded to my attention at the above
referenced address.
Should you have any questions, please call me at (714) 643-7560.
Sincerely,
Andrew M. Trachman
General Partner
AT/vj
cc: Voncla ]ennings
beST, beST & Krieger ~p ~ 6~
LAWYERS
September 22, 1994
Mr. Frank LoGuidice
San Gabriel Valley Water Company
11~42 Garvey Avenue
E1 Monte, CA 91733
Re: FONTANA WATER COMPANY--CITY OF FONTANA AGREEMENT
FOR ABANDONMENT OF WATER MAIN
Dear Mr. LoGuidice:
At the request of Mr. Felipe Molines of the City of
Fontana, enclosed please find an agreement with respect to the
abandonment and release of claims relative to the Fontana Water
Company's Washington Drive water main. Please advise me as soon as
possible of any comments or concerns you may have. Furthermore, I
am not fully aware of the legal relationship between San Gabriel
Valley Water and Fontaria Water and am not sure who would be signing
the agreement on Fontana Water's behalf. If you would provide that
information to me, I will correct the agreement.
Should you have any questions, please feel free to call.
for BEST, BEST & KRIEGER ~
KKR/pko
Enclosures
KKR~.0927
LAW OFFICE;5 OF
BrST. BE;ST & KRlf:'Gr,.R
FRANK LOGUIDICE
September 22, 1994
Page 2
cc: Gregory C. Devereaux, City Manager
Frank A. Schuma, Director of Community Development
Robert Weddie, City Engineer (w/encls.)
Felipe Molinos (w/encls.) =!
Clark H. Alsop, City Attorney
Stephen P. Deitsch, Esq.
KKR40927
AGREEMENT REGARDIN.G ABANDONMENT OF WATER MAIN
AND RELEASE RELATIVE THERETO
This Agreement Regarding Abandonment of Water Main and Release
Relative Thereto ("Agreement") is made this __ day of ,
1994, by and between the City of Fontana ("City"), a municipal
corporation, and the Fontana Water Company ("Fontana Water"), a
RECITALS
This Agreement is made with respect to the following facts:
A. The City is proceeding with the design and construction
of a public sewer main ("Project") which extends beneath the
Washington Drive public right of way. The portion of Washington
Drive through which the Project will be constructed lies partially
within the municipal boundaries of City and partly within the
adjoining unincorporated San Bernardino County area. A sketch
depicting the location of the Project along Washington Drive and
the relative locations of the County and City areas is attached and
incorporated hereto as Exhibit "A."
B. Fontana Water is the owner of a two-inch diameter steel
water main ("Existing Main") lying beneath Washington Drive in the
area through which the Project will be constructed. The Existing
Main provides water service to the residences located on the north
side of Washington Drive. The location of the Existing Main
KKR40540
interferes with the City's construction of the Project to such an
extent that if the Existing Main is not removed, the Project could
not be built or, if built, would be built at significant additional
cost. Also located within Washington Drive adjacent to the
Existing Main, but not in a position to interfere with the Project,
is another water main ("Adjacent Main") owned by Fontana Water.
The Adjacent Main has the ability to provide water service to those
residences located on the north side of Washington Drive which
currently receive water service from the Existing Water Main.
C., The City has requested that Fontana Water close and
abandon the Existing Main and transfer water service for the
residences along the north side of Washington Drive to the Adjacent
Main. Fentana Water has agreed to do so, subject to the terms and
conditions of this Agreement.
D. City and Fontana Water each acknowledge the existence of
a dispute between the City and Fontana Water with respect to the
Existing Main. The City contends, and Fontana Water disputes, that
Fontana Water has the obligation, both under statutory and common
law, to remove/replace/relocate, at its sole cost, expense and
liability, the Existing Main to the extent necessary to accommodate
the City's construction of 'the Project. The City contends, and
Fontana Water disputes, that this obligation extends not only to
the portion of the Existing Main located underneath the Washington
Drive right of way situated within the City's municipal boundaries,
KKR40540 --2 --
but also to that portion of the Existing Main located underneath
the Washington Drive right of way situated within the County.
NOW, THEREFORE, in consideration for the covenants described
below, the City and Fontana Water agree as follows:
AGREEMENT
1. Incorporation Of Recitals. The City and Fontana Water
each warrant, covenant and agree that the Recitals set forth above
and true and accurate. Such representation, covenant and agreement
constitute a material part of the consideration furnished to the
parties hereunder.
2. CaDPing of Existincf Main. Fontana Water shall, within
__days following execution of this Agreement, at its sole cost,
expense and liability (subject to the payment of compensation
described in Section __ below), seal the ends of the Existing
Main at those points identified on Exhibit "A". Fontana Water
shall also, at its sole cost, expense and liability (subject to the
payment of compensation described in Section__below), transfer
water service for those residences located on the north side of
Washington Drive which currently receive water service from the
Existing Main to the Adjacent Main. Fontana Water shall satisfy
the foregoing obligations pursuant to this Section 2 in accordance
with all City's and other cognizant governmental agencies'
engineering policies, rules, regulations and standards.
KKR40540 -- 3 --
3.. Abandonment of Existina Main. Following the sealing and
transfer of water service from the Existing Main, as described in
Section 2 above, Fontana Water shall, without demand for payment
other than that set forth in Section 4 below, irrevocably abandon,
and shall release and quit claim to the City any and all interest
which it may have in the Existing Main. Fontana Water hereby
irrevocakly consents to the City's taking of whatever actions with
respect to the abandoned Existing Main the City deems necessary, in
its sole and absolute discretion, to eliminate the Existing Main's
interference with the City's construction of the Project. Fontana
Water acknowledges and agrees that such actions include, without
limitation, the removal and disposal of the Existing Main.
4, PaYment of Compensation. In consideration of, and
expressly subject to, Fontana Water's performance of those
obligations set forth in Sections 2 and 3 above, the City shall,
within__days following Fontana abandonment of the Existing Main
as described in Section above, pay to Fontana Water the sum of
Twelve Thousand Dollars ($12,000) as full and complete
consideration for the performance of Fontana Water's obligations
under this Agreement.
5. Release. Upon payment of the amount set forth in Section
4 above, Fontana Water shall release, waive and forever forego any
and all claims or demands against the City, and its officers,
officials, employees, agents and contractors, for monetary damages
or equitable relief, which claims or demands are in any way related
KKR40540 -4 -
to the actions of the City in the construction of the Project, the
sealing of the Existing Main, and the abandonment of the Existing
Main. Without limiting the generality of the foregoing, Fontana
Water hereby expressly releases, waives and forever forgoes any and
all claims or demands against the City and its officers, officials,
employees, agents and contractors based upon theories of direct or
inverse condemnation, business interruption, loss of good will,
compensation for fair market value, or any value whatsoever, which
claims or demands are in any way whatsoever related to the sealing
and abandonment of the Existing Main, as well as any claims for
compensation or damages related to the reconnection of the
residences located on the north side of Washington Drive to the
Adjacent Main.
6., No Release of Future Claims With Respect to Other
Relocation Requirements. Fontana Water warrants, covenants and
agrees that by entering into this Agreement or otherwise, the City
has not expressly or impliedly agreed to waive, release or forego
any claim or demand that, at any other time or place, under similar
or different circumstances, Fontana Water has both common law
and/or statutory obligations to relocate/remove/replace, at Fontana
Water's sole cost, liabi][ity and expense, without offset,
contribution or payment from City, other water transmission lines
or any other equipment/facilities of Fontana Water located within
public rights of way in the City or elsewhere, when such
relocation/removal/replacement is reasonably necessary to
i KKR40540 -5-
accommodate public works projects undertaken by the City or the
Fontana Redevelopment Agency..
7. ],,~ninent Domain. The City acknowledges that this Agreement
is entered into in lieu of initiation of eminent domain proceedings
by the City against Fontana Water to acquire those rights relative
to the Existing Main, but only to the extent that such rights are
necessary to eliminate Existing Main's interference with the
Project.
8. Enforceable 2by Specific Performance. Fontana Water
irrevocably acknowledges, consents and agrees that, upon failure of
Fontana Water to perform any of the obligations imposed upon it
pursuant to this Agreement, that such obligations may be made
enforceable by means of an order for injunctive relief and/or
specific performance. Fontana Water hereby irrevocably agrees and
stipulates that the City would suffer irreparable harm in the
nature of the delay to the construction of the Project should
Fontana Water fail to perform in accordance with its obligations
under this Agreement.
9. Attorneys' Fees. In the event any action or proceeding is
commenced to contest the validity of this Agreement or to enforce
any of its terms or provisions, then the prevailing party in any
such action or proceeding shall be entitled to recover, in addition
to other remedies available to it, its cost of suit and actual
attorney's fees. For purpo-=~es of this Section 9, costs of suit
KKR40S40 -- 6 --
include, without limitation, filing fees, processing fees, costs of
expert w~tnesses, court reporters, and the like.
10. Authority to Execute. Each individual signing this
Agreement on behalf of the City and Fontana Water hereby represent
and warrant that they have the requisite authority necessary to
bind the party on whose behalf they are signing.
11. Integration/No Modification. This Agreement represents
the entire understanding of the parties with the matters herein
contained. It supersedes all other prior written or oral
agreements inconsistent with its terms. This Agreement may be
modified only by another writing, subscribed by the party to be
charged.
12. Indemnity. The City and Fontana Water each hereby agree
to indemnify, defend and hold harmless the other and their
respective officers, officials, employees, agents and contractors
from any and all third party claims for property damage or personal
injury (including wrongful death) which arise from the performance
of the parties' obligations i~ereunder.
CITY:
Gregory C. Devereaux,
City Manager
KKR40540 -7-
City Clerk
Stephen P. Deitsch
City Attorney
Robert Weddle
City Engineer
FONTANA WATER:
KKR40540 --8--
CITY OF FONTANA
WASHINGTON DRIVE SEWER PROJECT
~H a E~ g T =A°" .o ~oo'
· UNICORPORATED AREA OF SAN BERNARDINO COUN'P(
~ ~ J
50' R/w ~
PLUG . ~C "__ FONTANA WATER COMPANY (COUN~ PORTION OF PROdECT)
2" MAtNJ (EXISTING MAIN)
~ CI~ OF FONTA~
~ ~ ~ EXi~ ~~ LT *'~ Z
< ~ ~ PLUG 2 MAIN ~
~ VALL~ BLVD
I ..... ~
. f WA~R-~L 20' RT. OF CL
WASHINGTON DRIVE
(Cl~ PORTION OF PROJECT)
City of Fontana
CALIFORNIA
August 25, 1994
Steve Deitsch
City Attorney
Best, Best & Krieger
800 N. Haven Avenue, Suite 120
Ontario, CA
RE: Water Viain Abandonment Requirements - Washington Drive Sewer Project
Dear Steve,
As you are aware, Engineering staff is coordinating the capping and abandonment of an existing 2"
diameter sty;el water main which is interfering with the proposed alignment of the Washington Drive
Sewer main. Essentially what the Fontana Water Company will do is to cap the ends of the existing
2" diameter steel pipe and transfer approximately 5 existing service connections to an existing
adjacent water line also owned by the Fontana Water Company, and charge the City for this work.
Engineering staff discussed the matter with you. You recommended that in order to abandon the
water line the Fontana Water Company would have to enter into a "Purchase and Sale Agreement";
thereby, acqui 'ing the ownership rights to the water main prior to its removal.
The Fontana Water Company (Mr. Frank LoGuidice) was notified of the requirement. Mr. LoGuidice
indicated that this requirement is not of standard practice; however, he would be willing to discuss
the matter 'Further.
Please coordinate the legal requirements of the capping and abandonment of a 2" diameter steel
water main and confirm the need for the "Purchase and Sale Agreement". If the agreement is
necessary please arrange for its preparation. Contact information for the Fontana Water Company is
as follows:
Mr. Frank LoGuidice, Vice President - Engineering & Operations
San Gabriel Water Company
Post Office Box 6010 Phone: (818) 448-6183, ext. 241
El Monte, California (818) 448-5530 FAX
Since the capping and abandonment of an existing 2" water main must be done prior to commencing
the construction of the Washington Drive Sewer, please process this matter as timely as possible.
Should you have any questions regarding this matter please contact me at (909)350-7613.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
E~~/,//,~
Robert W. Waddle, P.E.
City Engineer
RWW :rs Enclosure - Copy of approved sewer project plans (Dr.2315)
cc: Principal Engineer/Capital Improvements
[*I~S sF~RI~AL~B.~H L~?peo. VsjEf.~ZSf, s.. ~iR~e6rie~to~NgAr1~Ir~.~g~BS~ar~49~,~ater Company
SISTER CITY-- KAMLOOPS, B.C. CANADA
~e~ recycled paper
August 17, 1995
2 11993
Mr. Yousuf ?atanwala
CITY OF FONTANA c:, ~ ~,,,~E:i ,.- ....,-:
8353 Sierra Avenue, P.O. Box 518
Fontana, Ca[ifornia 92334
Dear Yousuf:
Thank you for taking the time to speak with me. It was a pleasure talking to you, and I was
especially glad to hear that you have been pleased with the services that you have received
from Ninyo & Moore to date. Keeping our clients happy is of utmost importance to us, and
I assure you that we will make every effort to continue to deserve your confidence in the
future.
Once again, thank you for your time.
Sincerely,
NINYO & MOORE
Principal Engineer
AN/dim
10225 Barnes Canyon Road · SuiteA-ll2 , SanDrec~o, California 9212i · Phone {619J 457-0400 · Fax /619} 558-1236
9272jeronimo Road · Suite 123A · Irvine, California 92718 · Phone (714) 472-5444 · Fax (714) 472-5445
155 West Hospital/ty Lane · Suite 165 · San 8ernardino, California 92408 Phone {909) 383 8777 · Fax/909) 383-8776
City of Fontana
CALIFORNIA
August 11, 1994
File: Washington Drive Sewer Project
Mr. Andy Trachm
Birtcher l'rac hman Properties
1552 Edris Drive
Los Angeles, CA 90035
RE: Remcval of Existing Sewer Pump Station on Washington Drive
Dear Mr. Trachman:
As you know, the City is proposing to remove the existing pump station located at the
southwest c~rner of the Inland Empire C{;nter just north of Washington Drive. An 8" gravity
sewer main will be constructed from the existing manhole in front of the pump station then
west to Cypress Avenue. The plans are finished and will be signed soon.
For your review, two copies of the plans and specifications of the proposed project are
enclosed. Please sign below indicating your concurrence.
If you should have any questions regarding 'this matter, please contact John Tesley at (909)
350-6642.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTIVIENT
Engineerin Division
Felipe Molinos, P.E.
Principal Engineer/Capital Improvements
FM:JT:jt
Enclosures
cc: City Engineer
Concurrence:
Name Title Date
Signature
8353 SIERRA AVENUE (P.O, BOX 518) · FONTAN~, CALIFORNIA 82334-O518 · (714) 350-7a00
SISTER CITY -- KAMLOOPS, B.C. CANADA
~!~ recycled paper
LETTER OF TRANSMITTAL
CITY OF FONTANA FILE: WASHINGTON DRIVE SEWER
CDD/ENGINEERING DIVISION DATE: JUNE 8, 1995
8353 SIERRA AVENUE
FONTANA, CA. 92335
TO: Mark Pfeiler
PfeLler & Associates Engineers, Inc.
612 N. Diamond Bar Blvd.
Dianond Bar, CA 91765
ATTN:
Gentlemen:
We are sending you: (x) Attached ( ) Under separate cover via __
the following item:
( ) Drawing(s) ( ) Print(s) ( ) Plan(s) ( ) Sample(s) ( ) Check
Print(s) (x) Specifications ( ) Copy of Letter ( ) Change
Order(s) ( ) Other:
COPIES DATE NO. DESCRIPTION
1 6-7-95 - Executed Copy of Washington Drive
- - - Sewer Proiect Specifications
PURPOSE: PLEASE;
(x) For your information/records ( ) Submit original
( For Approval ( ) Resubmit copies for
( Approved as submitted approval
( For your use ( ) Submit__ copies for
( Approved as noted distribution
( As requested ( ) Return__ corrected
( For review and comment prints
( Returned for corrections ( ) Other
( Other
( For Bid Due:
( Prints returned after loaned to:
Remarks:
Copy to:
Signedx ~
LETTER OF TRANSMITTAL
CITY OF FONTANA FILE: WASHINGTON DRIVE SEWER
CDD/ENGINEERING DIVISION DATE: JUNE 8, 1995
8353 SIERRA AVENUE
FONTANA, CA. 92335
TO: Tara S. Sikh, RCE, GE, REA
Ninyo & Moore
155 West Hospitility Lane
Suite 165
San Bernardino, CA 92408
ATTN:
Gentlemen:
We are sending you: (x) Attached ( ) Under separate cover via
the following item:
( ) Drawing(s) ( ) Print(s) ( ) Plan(s) ( ) Sample(s) ( ) Check
Print(s) (x) Specifications ( ) Copy of Letter ( ) Change
Order(s) ( ) Other:
COPIES DATE ~O.. DESCRIPTION
1 6-7-95 - Executed COPY of Washinqton Drive
- - Sewer Pro~ect Specifications
PURPOSE: PLEASE:
(x) For your information/records ( ) Submit original
For Approval ( ) Resubmit copies for
Approved as submitted approval
For your use ( ) Submit __ copies for
Approved as noted distribution
As requested ( ) Return __ corrected
For review and comment prints
Returned for corrections ( ) Other
Other
For Bid Due:
Prints returned after loaned to:
Remarks:
Copy to:
Signed:
C ty of Fo:tana
DAVID R. ESHLEMAN KATHY MONTOYA
MAYOR CITY CLERK
CARL B. COLEMAN, JR. DR. CHARLES A. KOEHLER
MAYOR PRO TEM * CITY TREASURER
NANCY HOOPER ~
COUNCIL MEMBER (~ z~ T, I F 0 R N I A. GREGORY C. DEVEREAUX
JOHN B. ROBERTS i
COUNCIL MEMBER CITY MANAGER
BEATRICE WATSON
COUNCIL MEMBER ~
lune 8, 1995
Grbavac Construction Co., Inc.
10519 Freer St.
Temple City, CA 91780
Dear Sirs:
Please find enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of For. tana. The successful low bidder for this project was S.L Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free to, contact YoUsuf Patanwala in our Engineering Division
of the City of Fontana at (909) 350-66~5.
Sincerely,
Linda S. N'ann, CIVIC
Deputy City Clerk
lsn
enclosure
cc: Engineering Division - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE . FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600
PRINTEO ON RECYCLED PAPER
DAVID R. ESHLEMAN KATHY MONTOYA
MAYOR CITY CLERK
cARLB. co. EMAN. R.) City Of Fontana DR.c,ARLEsA. oE,LER
MAYOR PRO TEM 'I CITY TREABURER
NANCY HOOPER ·
COUNCIL MEMBER
JOHN B. ROBERTS C A. '[. I F 0 R Z'%T ~ A GREGORY C. DEVEREAUX
COUNCIL MEMBER CITY MANAGER
BEATRICE WATSON
COUNCIL MEMBER
lune 8, 1995
KDK Fmgir. eering Constructors
P.O. Box 86
Efiwanda, CA 91739
Dear Sirs:
Please find enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of Fo~tana. The successful low bidder for this project was S.L Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free to contact Yousuf Patanwala in our Engineering Division
of the City of Fontana at (909) 350-6645.
Sincerely,
L~m~d~a S. Nunn, CMC
Deputy ,City Clerk
lsn
enclosure
cc: Engineering DMsion - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600
p &INTED 9N 'RECYCLED pApER
City f Fo tana
DAVID R. ESHLEMAN~ KATHY MONTOYA
MAYOR CITY CLERK
CARL B, COLEMAN, JR. DR. CHARLES A. KOEHLER
MAYOR PRO TEM I CITY TREASURER
NANCY HOOPER ·
COUNCiL MEMBER C A L I F C) ~ ~'~ I A GREGORY C. DEVEREAUX
JOHN B. ROBERTS C~TY MANAGER
COUNCIL MEMBER
BEATRICE WATSON
COUNCIL MEMBER
June 8, 1995
Merlin Johnson Construction
P.O. Box 777
Mentone, CA 92359
Dear Sirs:
Please fine enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From ,Cypress Avenue to Approximately 803 Feet Fast" in the
City of Fontana. The successful low bidder for this project was S.L Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free m contact Yousuf Patanwala in our Engineering Division
of the City of Fontann at (909) 350-6645.
Sincerely,
Linda $. l~'unn, CMC
Deputy Ci~ y Clerk
lsn
enclosure
cc: Engineering Division - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE · FON'IFANA, CALIFORNIA 92334-0518 ® (909) 350-7600
PRINTED ON RECYCLED PAPER
C', ty of Fon' ana
DAVID R. ESHLEMAN KATHY MONTOYA
MAYOR CITY CLERK
CARL B. COLEMAN, JR, DR. CHARLES A. KOEHLER
MAYOR PRO TEM " CITY TREASURER
NANCY HOOPER
COUNCIL MEMBER
JOHN B. BOBERTS C A I.., I F 0 l~ N ~ A GBEGORYC. DEVEREAUX
COUNCIL MEMBER CITY MANAGER
BEATRICE WATSON
COUNCIL MEMBER
June 8, 1995
Albert W. Davies, Inc.
P.O. Bo~c 215
Rancho Cucamonga, CA 91729-0215
Dear Sirs:
Please find enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of Fontann. The successrut low bidder for this project was S .J. Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free to contact Yousuf Patanwala in our Engineering Division
of the City of Fontann at (909) 350-6645.
Sincerely,
Linda S. Nunn, CMC
Deputy City Clerk
lsn
enclosure
ee: Enginering Division - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE ', FONTANA, CALIFORNIA 92334-0518 "(909) 350-7600
pplNTEO ON RECYCLED PAPER
of FoT'tana
DAVID R. ESHLEMAN KATHY MONTOYA
MAYOR CITY CLERK
CARL B. COLEMAN, JR. · DR. CHARLES A. KOEHLER
MAYOR PRO TEM " CiTY TREASURER
NANCY HOOPER
COUNCIL MEMBER
JOHN B. ROBERTS ' C A L I F 0 R ~%T I _A. GREGORY C. DEVEREAUX
COUNCIL MEMBER CITY MANAGER
BEATRICE WATSON
COUNCIL MEMBER A
June 8, 1995
Richard B. Chutuk Co.
12543 Woodley Ave.
Granada Hi[Is, CA 91344
Dear Sh~s:
Please lind enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of Fontaria. The successful low bidder for this project was S .J. Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free to contact Yousuf Patanwala in our Engineering Division
of the City of Fontaria at (909) 350-6645.
Sincerely,
L CMC
inda S. l~'unn,
Deputy City Clerk
lsn
enclosure ',
cc: Engineering Division -' (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE ,, FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600
pRINTED ON RECYCLED PAPER
ty off
DAVID R. ESHLEMAN KATHY MONTOYA
MAYOR CITY CLERK
CARL B. COLEMAN, JR. ,~ DR. CHARLES A. KOEHLER
MAYOR PRO TEM CITY TREASURER
.ANcY .OOPER i 0 I1 t a rl a
COUNCIL MEMBER
; C A L I F 0 R N I A GREGORY C. DEVEBEAUX
JOHN B. ROBERTS ~ CITY MANAGER
COUNCIL MEMBER
BEATRICE WATSON
COUNCIL MEMBER
June 8, 1995
C.P. Construction Company, Inc.
P.O. Box 1206
Ontario, CA 91762
Dear Sh's:
Please find enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of Fontana. The successful low bidder for this project was S.L Burldaardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please fecl free to contact Yousuf Patanwala in our Engineering Division
of the City of Fontaria at (909) 350-6645.
Linda S, N'ann, CMC
Deputy City Clerk
lsn
enclosure
ce: Engineering Division - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE ~' FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600
Cty f Fo 'tana
DAVID R. ESHLEMAN KATHY MONTOYA
MAYOR CITY CLERK
CARL B. COLEMAN, JR. · DR. CHARLES A. KOEHLER
MAYOR PRO TEM ], 0 CITY TREASURER
NANCY HODPER ~
COUNCIL MEMBER C A L I F 0 R N I A GREGORY C. DEVEREAUX
JOHN B. ROBERTS CITY MANAGER
COUNCIL MEMBER
BEATRICE WATSON
COUNCIL MEMBER _
Juno 8, 1975
The Beether Construction Co.
506 S. Gaybar Ave.
West C. ovina, CA 91790
Dear Sirs:
Please find enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet Fast" in the
City of Fontaria. The successful low bidder for this project was S .l. Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free to contact Yousuf Patanwala in our Engineering Division
of the City of Fontaria at (909) 350-6645.
Sincerely,
Linda S. Nunn,' CMC
Deputy City Clerk
lsn
enclosure
co: Engir. eering Division - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE ,. FONTANA, CALIFORNIA 92334-0518 · (900) 350-7600
pRINTED ON RECYCLED PAPER
~ ~ '° ~ i t y f ~
DAVID R. ESHLEMAN ~ KATHY MONTOYA
CITY CLERK
MAYOR ~ "¢°~"0 ~,~ ~ D,. CHAR.ESA. KOE,LER
CARL B. COLEMAN, JR.
MAYOR PRO TEM CI~ TREASURER
.~.~.oo.~. ~ ; C o Fontana
COUNClkMEMBER C A L I F O R N I A GREGORY C. DEVEREAUX
JOHN B. ROBERTS CI~ MANAGER
COUNCIL MEMBER
BEATRICE WATSON ~
COUNCIL MEMBER ~
June 8, 1995
Casfillo Constructors
P.O. Box 728
Agoura Hills, CA 91376-0728
Dear Sirs:
Please finc enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of Fontann. The successful low bidder for this project was S .L Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free to contact Yousuf Patanwala in our Engineering Division
of the City of Fontann at (909) 350-6645.
Sincerely,
Linda S. Kunn, CMC
Deputy Ci,-y Clerk
lsn
enclosure
ce: Enginering Division - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600
PRINTED ON ~EC¥CLEO PAPER
DAVID R. ESHLEMAN ~ ~, KATHY MONTOYA
MAYOR . City f c, ,o.E.K
CARL B. COLEMAN, JR. DR, CHARLES A. KOEHLER
MAYo. PRO TEM
NANCY HOOPER
COUNCIL MEMBER C ~ ~ I ~ O ~ N I ~ GREGORY C. DEVEREAUX
JOHN B. ROBERTS Cm~ MANAGER
COUNCIL MEMBER
BEATRICE WATSON
COUNCIL MEMBER
June 8, 1995
Castillo Constructors
P.O. Box 728
Agoura Hills, CA 91376-0728
Dear Sirs:
Please Fred enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of Fcntana. The successful low bidder for this project was S.J. Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free to contact Yousuf Patanwala in our Engineering Division
of the City of Fontana at (909) 350-6645.
Sincerely,
Linda S. Nunn, CIVIC
Deputy City Clerk
lsn
enclosure
re: Engineering Division - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE * FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600
pRINTED ON R6CYCLED PAPER
City f F
DAVID R. ESHLEMAN KATHY MONTOYA
MAYOR CITY CLERK
CARL B. COLEMAN, JR. DR. CHARLES A. KOEHLER
MAYOR PRO TEM CITY TREASURER
NA~c~ .OOZE. 0 0 11 t a 11 a
COUNCIL MEMBER
JOHN B, ROBERTS C' A E I F 0 R N [ A GREGORY C. DEVEREAUX
COUNCIL MEMBER CITY MANAGER
BEATRICE WATSON
COUNCIL MEMBER
June 8, 1995
Tmutwein Construction
14046 Sm~la Ana Ave.
Fontaria, CA 92337
Dear Sirs:
Please fine enclosed your Bid Bond submitted on April 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of Fontaria. The successful low bidder for this project was SJ. Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free to contact Yousuf Patanwala in our Engineering Division
of the City of Fontana at (909) 350-6(M~5.
Sincerely,
Linda S. Nunn, CMC
Deputy City Clerk
lsn
enclosure
cc: Engineering Division -' (YP)
MAILING ADDRESS: P.O,BOX 518
8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 ~' (909) 350-7600
pRINTEL) ON RECYCLED PAPER
. A , .EB,EMAN City Of Fontana THY oNToYA
MAYOR CR'Y CLERK
CARL B. COLEMAN, JR. DR. CHARLES A. I(OEHLER
MAYOR PRO TEM CITY TREASURER
NANCY HODPER
COUNCIL MEMBER C _,~ L I ~ O ~ N I ~ GREGORY C, DEVEREAUX
JOHN B. ROBERTS C~ ~NAGER
COUNCIL MEMBER
BEATRICE WATSON
COUNCIL MEMBER _ 4
June 8, 1995
E.L Salga~o, Inc.
9122 Reales St.
Alta Loma, CA 91737
Dear Sirs:
Please fine. enclosed your Bid Bond submitted on Apr~ 6, 1995, for the "Construction of
Washington Drive Sewer Project From Cypress Avenue to Approximately 803 Feet East" in the
City of Fontann. The successful low bidder for this project was S.J. Burkhardt, Inc.
The City is most appreciative of your interest in bidding on this project and if you should have
any further questions, please feel free ~o contact Yousuf Patanwala in our Engineering Division
of the City of Fontana at (909) 350-6645.
Sincerely,
L~nda S. lqunn, CMC
Deputy City Clerk
lsn
enclosure
ce: Engineering Division - (YP)
MAILING ADDRESS: P.O.BOX 518
8353 SIERRA AVENUE ', FONTANA, CALIFORNIA 92334-0518, (909) 3504600
p~NTED ON RECYCLED PAPER
MEMORANDUM
CITY OF FONTANA
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION/SPECIAL PROJECTS
TO: LINDA NUNN
DEPUTY CITY CLERK
FROM: YOUSUF PATANWALA, P.E~,
ASSOCIATE ENGINEER/SPECIAL PROJECTS
SUBJECT: WASHINGTON DRIVE SEWER PROJECT FROM CYPRESS AVENUE
TO APPROX. 803 FEET EAST-SB-71-94
EXECUTED CONTRACT DOCUMENTS
DATE: JUNE 7, 1995
1. Enclosed for your records is one fully executed original
Contract Document, Performance, and Labor and Materials Bonds
for the above mentioned[ project.
2. Also enclosed are the original eleven bid documents
submitted for this project which can now be released back to
the respective bidders. Please call me if you have any
questions.
cc: Principal Civil Engineer/Special Projects
BEST, BEST & KR~E6ER
LAWYERS
RiVERSiDE 800 NORTH HAVEN, SUITE 120 RANCHO MIRAGE
(901~) 688-1480 POST OFFICE 80X 4380 {619) 568-2611
ONTARIO, CALIFORNIA 91764
PALM SPRINGS SAN DIEGO
TELEPHONE (~09) ~89-8584
June 1, 1995
Mr. Bob Weddle, City Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Re: Contract Agreement for Washinqton Drive Sewer
Proiect from Citrus' Avenue to Approximately 803
Feet East
Dear Mr. Weddle:
This letter responds to your request for our review and
signature on the above-mentioned contract documents with S. J.
Burkhardt, Inc. All of the documents appear to be complete and in
compliance with the Public Works Contracting Code. Therefore, we
have signed off on each of the contract documents.
Thank you for the .opportunity to assist you. Please call
if you have any questions.
Sincerely,
Michele A. Powers
MAP:clu for BEST, BEST & KRIEGER
cc: Gregory C. Devereaux, City Manager
Clark H. Alsop, City Attorney
Stephen P. Deitsch, Esq.
MAP47295
05/31/05 WED 09:12 FAX uuu
rRANSMISSION OK
TX/RX NO 1114
CONNECTION TEL 98003987
SUBADDRESS
CONNECTION ID
ST. TIME 05/31 09:03
USAGE T 08'34
PGS. 13
RESULT OK
i ' CITY OF F
O
FAX OMMU~mATXONS N
FnoM NVMeEn: T
(909) 350-6618 A
N
A
PLEASE DE ,,IYER TEE FOLLOYVING PAGES TO;
~ YOU ~ 1~ E~ ~PAGES, ~ C~ (909) ~
CITY OF F
O
FAX COMMUNICATIONS N
FRoM L~AX NUMBER: T
(909) 350-6618 A
N
A
P~ASE DELI~R T~ FOLLO~NG PAGES
FAX ~: [~o~) ~Go ~
(~ co~ s~)
~ You ~ NOT E~ ~L P~OES, PLEASE CMS. (909)
MESSAGE: E~--L'Y '~3 e- yxTcr-_~ I~--~egF~.%L \ S. ~-.~.~ u, Jff_~'E ~.
~ '~HE C cc:
CITY OF FONTANA ENGINEERING D~VBXON
8353 SWa, RA AVE~UE, FO~TAt~A, CA 92335
, ~ PHONE N~ER: (909) 350-7610
City of Fontana
CALIFORNIA
May 31, 1995
Mark Pfieler
Pfieler & Associates
612 N. Diamond Bar Blvd.
Diamond Bar, CA. 91765
RE: Washington Drive Sewer Project
Assembly Bill 1414
Preservation of Survey Monuments
Dear Mr. Pfieler:
For your information and proper follow up of Legislative
requirements on City construction projects enclosed are the copies
of letters from California Land Surveyors Association and San
Bernard!no County Surveyor's Office and copies of Pages 41 and 42
from Subdivision Map Act.
Essentially AB 1414 now requires the filing of a corner record with
County Surveyor's Office prior to start of construction and prior
to recording a Certificate of Completion if monuments are to be
disturbed.
As Consultant to the City for Surveying Services, please notify
in writing if any corner records need to be filed with the County
Surveyor's Office prior to start of Washington Drive Sewer Project.
Timely provision of this information will enable the City to
establish a construction start date with the contractor.
Please call the undersigned at (909)350-6645 iftany additional
infomnation is required.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
Y wala, P.E.
Associate Engineer/Special Projects
cc: City Engineer
Principal Civil Engineer/Special Projects
8353 SIERRA AVENUE(P.O, BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600
SISTER CITY- KAMLOOPS, B.C. CANADA
~!~ recycled paper
Joint Professional Practice Com' t't ittee
of Riverside anl-I San Bernardine Chapters of
California I, and Surveyors Association
Co.s.ltin Engi.ei;rs a.d .and S. eyors of Ca,ifornia Lr'/479
In Cooperation with the Riverside & San Bernardino County Surveyors Office
May 1, 1994
Bob Waddle
City Engineer
City of Fontana
P.O. Box 518
Fontana, CA 92334
SURVEY MONUMENTS
The boundary location of all properties is dependant on survey
control monuments. As development continues more and more.of those
monuments become a part Of paved streets. As the roads have become
older, these roads are being repaved or reconstructed.
With cold planing, reconstruction of road base, widening of curbs
and new utility lines, tihousandS of the monuments are being lost.
We need all agencies to 2help preserve these control points.
Enclosed is section 8771 of the Business and Profession Code which
states it is the "responsibility of the Government Agency or others
performing construction work to provide for the monnmentation
required". We hereby request that y~ru m~ke t~is-w~rrka portion o~
all your road & utility contracts. The monuments need to be
referenced out by a Surveyor before construction and a Corner
Record submitted to the County Surveyor. After the construction is
completed, destroyed monuments need to be replaced and the revised
orig;nal Corner Records filed with the County Surveyor. We trust
your agency will comply with the law and help us preserve the
Survey Control Monuments.
Very Truly Yours,
Richard P. Siegmund
Chairman
· · P,O. Box 6674, San Bernardino, California 92412-6674
Committee
RIVERSIDE COUNTY SAN BERNARDINO COUNTY
Joe Beelet (909) 682-2216 Larry Cotton (909) 387-4042
L.L. (Bud) Bacon (909) 676-8042 Eugene Oiepholz (909) 888-1401
Fred Crowe (909) 674-1481 Ron Kabalin (619) 241-0595
Jim McGillvray (909) 845-6668 Richard Siegmund (909) 888-8354
Jerry Stayner (909) 275-6718
BUSINESS AND PROFESSIONS CODE
STATE OF CALIFORNIA
Sections 8700-8806
Professional Land Surveyors Act
8771. Record of survay--rnonumentation
Monuments set shall be sufficient in number and durability and efficiently placed so
as not to be readily disturbed, to assure, together with monuments already existing, the
perpetuation or facile re-establishment of any point or line of the survey.
When adequate records exist as to the location of subdivision, tract, street or
highway monuments, such monuments shall be located and referenced by or under the
direction of a licensed land surveyor or registered civil engineer at the time when streets or
highways are reconstructed or relocated. They shall be reset in the surface of the new
construction, a suitable monument: box placed thereon, or permanent witness monuments
set to perpetuate their location. Sufficient controlling monuments shall be retained or
replaced in their original positions to enable land Fines, proper~y corners, and tract
boundaries to be re-established without devious surveys necessarily originating on
monuments differing frorn the ones which currently control the area. It shall be the
responsibility of the governmental agency o~; others performing construction work to
provide for the monumentatian re~tuired by this section. It shall be the duty of sve~ land
surveyor or civil engineer to cooperate with such governmental agency in matters of
maps, field notes, and other pertinent records, Monuments set to mark the limiting lines of
highways, roads, or streets sha~l not be deemed adequate for this purpose unless
specifically noted on the records of the improvement works with direct ties in bearing or
azimuth and distance between these and other monuments of record.
TRANSPORTATIOCN/FLO-C CONTROL
'DEP R. TMENT- OUNTY SURVEYOR .usucwo. s .ou.
825 East Third Street · San Bernardlno, CA 92415-0835 · (909}~ 387.2800 KEN A. MILLER
Fax No. (9091, 387.2667 ~ Director
May 16, 1995 ~
Mr. ~obe~ Weddie, City Engineer
City of Fontana
8353 Siena Avenue ~.~../c ,,
P.O. Box 518
Fontana, CA 92334
Re: Ccrner Record Filing Fee ~/"
Dear Mr. Weddie:
Please be idvised that effective July 1, 1.995, our office will require a $10.00 fee for
examining, indexing and filing each corner record submitted, pursuant to Section 8773.2(e)
of the ]Land Surveyors Act. This has become necessary as a result of the enactment of A.B.
1414 which amended Section 8771 of the Act on January 1, 1995.
Essentially, A.B. 1414 now requires the, filing of a corner record with this office prior to the
start of construction and prior to recording a certificate of completion. Please be advised
that any City projects or contracts issued after the effective date of this legislation, requires
the filing of both corner records. The local San Bernardino/Riverside Chapter of C.L. S .A.
initiated this bill and has taken an affirmative position on compliance by local agencies.
Failure by the local agency to adhere to this legislation could result in disciplinary action
against the individual in responsible charge, namely, the City Engineer and County Surveyor
or Engineer.
While many cities have excellent systems for the indexing, researching and retrieval of City
tie notes, this legislation makes no provision for that system to be in compliance. Attached
with this letter is a copy of proposed changes to the L.S. Act that would allow for local
agencies to file their standard note forms in compliance with A.B. 1414. Should you have
any comments on this proposed change, please direct them to:
Mr. Bob Reader, County Surveyor
Dept. of Public Works
Survey Division
Los Angeles County
900 S. Fremont Avenue, 3rd. floor
,Mhambra, CA 9t803-1331
Mr. Robert Weddie
City of Fantana
Re: Comer Record Filing Fee
May '[6, 1995
Page 2
Should you have any questions regarding the information contained herein, please feel free
to contact me at (909) 387-2627.
Very truly yours,
Dan C. I~oye ~
Survey Division Chief
Enclosure
DCM, Jch
PROPOSED LEGISLATIVE LANGUAGE
LANF-~ SURVEYORS ACT
AMENDED SECTION 8771 AND 8773.2 OF LAND SURVEYORS ACT
Section 8771 - Record of Survey Monumentsrich. (Amend.)
Monu'nents set shall be sufficient in number and durability and efficiently placed so as not to be
readily distur~-ed, to assure, together with monuments already existing, the perpetuation or facile re-
establishment of any point or line of the survey.
When monuments exist which contro:l the Iocation of subdivisions, tracts, streets, or highways, or
provide survey control, the monuments shall be located and referenced by or under the direction of a licensed
land surveyor or registered civil engineer prior' to the time when any streets or highways are reconstructed
or rolecared ard a corner record of the references shall be flied with the county surveyor, city surveyor, city
enclineer, or state agency of the proiect iurisdiction. They shaft be reset in the surface of the new
construction, a suitable monument box placed thereon, or permanent witness monuments set to perpetuate
their location and a corner record flied with the county surveyor. citY surveyor. city engineer, or state
ar4ency of the the project jurisdiction prior to the recording of a certificate of completion for the project.
Local and state agency surveyors may file their standard note forms in lieu of "corner records" for
this purpose. Sufficient controlling monuments shah be retained or replaced in their original positions to
enable land lines, property corners, and tract boundaries to be re-established without devious surveys
necessarily originating on monuments diffedng from those that currently control the area. It shall be the
responsibility of the governmental agency or others performing construction work to provide for the
monumentatioq required by this section. It shalI be the duty of every land surveyor or civil engineer to
cooperate wifh the governmental agency in matters of maps, field notes, and other pertinent records.
Monuments se: to mark the limiting fines of highways, roads, or streets shall not be deemed adequate for this
purpose unless specifically noted on the records of the improvement works with direct ties in bearing or
azimuth and distance be~veen these and other monuments of record.
Section 87'73.2 Corner Record Filing (Add)
~ For the purpose of compliance with Section 8771 a "corner record" may be approved and
filed by the city surveyor, city engineer, or state agency who has iurisdiction over the road
reconstruction project.
This proposed anguage change will enable the Iocal agency to take full responsibility and control over those
road r,,econstrt. ction projects that they administer or permit. This president is well established in the
Subdivision ME p Act where the local agency has full control over the subdivision mapping process.
; "Joint Professional Practice Committee
of Riverside ;and San Bernardino Chapters of
"'~,~i 9 . California Land Surveyors Association
ConsultingEngineers and Land Surveyors of California
in Cooperation with the Riverside & San Bernardino County Surveyors Office
December 5, 1994
Bob Weddle, City Engineer
City of Fontana
P.O. Box 518
Fontana, CA 92334
Assembly Bill #1414
SURVEY MONUMENTS
With cold plane grinding, street widening, and other
construction within the streets, survey monuments and
reference points are being destroyed. A.B. 1414 is an
effort to assist in preserving these control points.
The new portion of the law now requires "prior" to road
construction, survey monuments shall be referenced out and
Corner Records filed with the County Surveyor. Survey
points shall be reset that Were destroyed during
construction and a second Corner Records filed for those
points prior to completion of the project.
A section of the Business and Professions Code and sections
of the Street and Highways Code have been revised.
Enclosed are portions of A.B. 1414 which cover the changes
to the Codes.
We trust your agency will comply with these changes to the
Codes and help us preserve these valuable Survey Control
Monuments.
Very Truly Yours,
Chairman
P.O. 8ox 83.~.e, San 8ernaffiino, California 9241 Comrnitte~
RIVERSIDE COUNTY SAN BERNARDINO COUNTY
Jae Beelet (909) 682-2216 Dan C. Moye (909) 387.4052
L.L. (Bud) Bacon (909) 676-8042 Eugene Oiephotz (909) 888-1401
Fred Crowe (909) 674-1481 Ron Kal3alin (619) 241--0595
Jim McGillvray (909) 845-66(]8 Richard Siegrnun,~i (909) 688-8354
Jerry Staynor (909) 275-67181
Assembly Bill No. 1414
CHAPTER 458
An act to amend Section 87'71 o[ the Business and Professions Code,
to amend Sect-ions 66412, 6{~24, 66426.5, 66428, 66434, 66445, and
68477.2 of, and to add Section 66452.12 to, the Government Code, and
to add Sect/ons 732.5, [492.5, ;rod 1810.5 to, the Streets and High~,ays
Code, relating to land use.
lApproved by Governor September 9, 1994. Filed wi~h
Secre~'y of State September 12, 1994.]
LEGISLATIVE COUNSEL'S DIGEST
A3 1414, Gotch. Land use: Subdivision Map Act: real property
boundaries.
(1) Existing law, the Subdivision Map Act, contains extensive
provisions governing the procedures by wh/ch land is divided for
sale, lease, or financing.
This bill would provide for the expiration of pertnits issued in
conjunction with planned trait developments, as specified, and
wou_d allow the imposition of conditions or requirements for
issuance of a building or equiva/ent permit, as specified. The bill
would authorize the lettering, in addition to numbering, of parcels
designated on a parcel map Fded under the act. By requiring new
duties of local agencies, this bzLll would impose a state-mandated local
program.
This bi/1 ~jould also make .clarifying changes to provisions of' the
Subdivision Map Act regarding the conveyance of land to a
governmental agency and termina~on of offers of dedication.
(2) Existing law provides for the setting of monuments to
delineate the boundaries of subdivisions, tracts, streets, or highways.
This bill would require that monuments be located and referenced
prior to, rather that at 'the time, streets or highways are
reconstructed or reloeated, and would require that a comer record
be filed, as specified.
(3) The CaliFornia Constit'ution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions cstablBh procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The people of the State of C~l,'fornia do enact as Follows:
SECTION 1. Section 8771 oF the Business and Professions Code
is amended to read:
8771. Monuments set shaW/[ be sufficient in number and durabi/ity
9~ 110
Ch. 458
and efficiently placed so as not to be readily disturbed, to assure,
together with monuments already existing, the perpetuation or
fac~e re-establishment oF any point or line oF the survey.
When monuments exist which control the location oi~ subdivisionS,
tracts, streets, or highways, or provide survey control, the
m~numents shall be located and referenced by or under the
dL-ection of a licensed land surveyor or registered civil engineer
prior to the..t~Lee~hen any streets or highway..s are reconstructed or
.r ltad and:~o'~ner ~eca'rd oF"~;xe referenc'~ 'shall be flied with the
cg.._~.ty surve.yor:.. They shall be reset. in the surface oi: the new
construction, a suitable monument box placed thereon, or
permanent witness monum,ents set to perpetuate their location and
a comer record Filed with tile county surveyor prior to the recording
of a certificate o6 completion for the project. Sufficient controlling
monuments shall be retained or replaced in their original positions
to enable land lines, property comers, and tract boundaries to be
re-established without devious surveys necessarily originating on
monuments differing from those that currently control the area. It
shall be the responsibility of the governmental agency or others
per6orrning construction work to provide for the monumentation
required by this section. It shall be the duty of every land surveyor
or civil engineer to cooperate with the governmental agency in
matters of maps, field notes, and other pertinent records.
Monuments set to mark the limiting Lines of highways, roads, or
streets shall not be dee~aed adequate 6or Lkis purpose unless
speci/ically noted on the records of the improvement works with
direct ties in bearing or a;.,imuth and distance between these and
other monuments of record.
SEC. 2. Section 66412 of the Government Code is mended to
read:
66412. This division shall be inapplicable to:
(a) The financing or leasing of apartments, offices, stores,. or
similar space within apartment buildings, industrial buildings,
commercial buildings, mobilehome parks, or trailer parks, (b) Mineral, oil, or gas leases.
(c) Land dedicated for cemetery purposes under the Health and
Safety Code.
(d) A lot line adjustment between two or more existing adjacent
parcels, where the land taken from one parcel is added to an adjacent
parcel, and where a greater aumber o~ parcels than ori~,dnnlly existed
is mot thereby created, provided the lot line adjustment is approved
by 'the local agency, or ad~risory agency. A local agency or advisory
agency shall limit its review and approval to a determination
whether or not the parcels resulting from the lot line adjustment will
con/o~m to local zoning and building ordinances. An advisory agency
or local agency shall not impose conditions or exactions on its
approval of a lot line adjustment except to coniron to local zoning
and building ordinances, to require the prepayment of real property
~ -- 9 -- ~.~ Ch. 458
be terminated and abandoned in the same manner as prescribed for
the summary vacation o[streets by Part 3 (commencing with Section
8300) of Division 9 of the S~reets and Highways Code.
~d) Offers of dedication which are not accepted within the t~rne
limits specified in subdivisi.on (b) shall be deemed abandoned.
~e)' Except as provided in Sections 66499.16, 66499.17, and
66499.18, ff a resubdivision or reversion to acreage oi~ the ~ract is
subsequently Fuled for approval, any offer of dedication previously
rejected shall be deemed to be terminated upon the approval of the
map by the legisla~ve body. The map shall eonta/n a notation
ident/~ying the offer or offers of dedication deemed terminated by
this subdivision.
SEC. i0. Section 732.5 is added to the S~reets and Highways Code,
· to read:
73~..5. Survey monuments shall be preserved, referenced, or
replaced pursuant to Section 877l of the Business and Pro[essions
Code.
SEC. 1L Section 1492.5 ~s added to the Streets and Highways
Code, to read:
.[492.5. Survey monuments sb~ll be preserved, re[erenced, or
replaced pursuant to Section 8771 of the Business and Pro[essions
Code.
SEC. 1~. Section ].810.5 is added to the Streets and Highways
Code, ~o read:
1810.5. Survey monuments shall be preserved, referenced, or
re .~laced pursuant to Section ~/71 of the Business and Professions
Code.
SEC. 13. No reimbursement is required by ~h~ act pursuant to
Section 6 of Article XIII B of the C~l~Fornia Constitution because the
local agency or school alstrict has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or level
of service mandated by this act. Notwithstanding Section 17580 of the
Government Code, unless othenvise specified in this act, the
provisions of ~h{~ act shall become operative on the same date that
the act takes effect pursuant to the California Constitution.
O
}recise Io~ation of property Civil ~,~ml.ladure to compel the filing of the record of,~
property colpars which are surveyor or registered civil engineer resubmits and toques
~Ied by prior records. For without further change, the filing of the record of survey sha~l oe eeemeo to oe a ministerial
:1 to a material discrepancy act.
In any action brought pursuant to Section 1085 of the Code of Civil Procedure
86] between a licensed land surveyor or a registered civil engineer and the county surveyor of
any county, the court may award to the prevailing party costs and other expenses of
litigation, including the payment of experts and other witnesses, and reasonable
}f survey, or within such attorney's fees.
Neyor or civil engineer and
with respect to all of the 8769. Record ,el surveysfiling costs
The charge for filing any record of survey, and for indexing the same, shall be the
ntial compliance with the same as provided for subdivided land under Section 27372 of the Government Code.
5, 8771.5, and 8772. 8770, Record of survey--filing and storage
'aquila the licensed land The record of survey filed with the county recorder of any county shall be securely
of survey to change the fastened by him into a suitable book provided for that purpose.
of the survey, nor shall the He shall keep proper indexes of such record of survey by the name of grant, tract,
le record of survey. subdivision or United States subdivision.
/or from including notes The original map shall be stored for safekeeping in a reproducible condition. It shall
~ods or procedures utilized be proper procedure for the recorder to maintain for public reference a set of counter maps
that are prints of the original maps, and the original maps to be produced for comparison
ned by, or under the direct upon demand.
ear.
8770,5, Record of survey. correction
Any record of survey filed under the provisions of this chapter may be amended to
amining a record of survey show any course or distance that was omitted therefrom, or to correct any error in: course
le service or one hundred or distance shown thereon, the description of the land which the record of survey
.~ hur~dred dollars ($100) comprised, lot numbers, street names, acreages, identification of adjacent record maps,
's if such an increase is or the character of monuments being set, or to correct any other minor errors approved for
~dopted pursuant to a staff correction by the county surveyor in the same manner that subdivision maps may be
service actually exceeds amended under the provisions of the Subdivision Map Act, Division 2 (commencing with
Section 6641 O) of Title 7 ef the Government Code.
8770,6, Defines certify/certification
piles with the examination The use of the word "certify" or '*certification" by a licensed land surveyor or
ment on it of his or her registered civil engineer in the practice of professional engineering or land surveying Or
3g. Otherwise the county the preparation of maps, plats, reports, descriptions, or other surveying documents only
.vith a written statement of constitutes an expression of professional opinion regarding those facts or findings which
.ts of Section 8766. The are the subject of the cerlification, and does not constitute a warranty or guarantee, either
*,he record of survey may expressed or implied.
tnnot be agreed upon and [Added, Chapter 229, Statutes of 1986]
8771, Record uf survey--monumentatlon
.=nces Monuments set shaft be sufficient in number and durabi[i~ and efficiently placed so
: be agreed upon by the as not to be readily disturbed, to assure, together with monuments elready existing, the
ounty surveyor within 10 perpetuation or facile re-establishment of any point or line of the survey.
engineer resubmits and When monuments exist which control the location of subdivisions, tracts, streets,
!, an explanation of the or highways, orprovide survey control, the monuments shall be located and referenced by
}y the county surveyor to or under the direction of e licensed land surveyor or registered civil engineer prior to the
e record of survey. time when any streets or highways are reconstructed or relocated and a corner record of
the references shall be filed with the county surveyor. They shall be reset in the surface
of the new construction, a suitable monument box placed thereon, or permanent witness
survey with the county monuments set to perpetuate their location and a corner record filed with the county
~rveyor or registered civil surveyor prior to the recording of a certificate of completion for the project. Sufficient
ction 1085 of the Code of controlling monuments shall be retained or replaced in their original positions to enable
41
land lines, p ~perty corners, c tract boundaries to be re-eetablished witho~ 'evious (b) In the event
surveys rlec( ssarily originatin~kl~ monuments differing from those that currer'~.t, eev~ontrol examination criteria of subd
the area. It ;half be the responsibility of the governmental agency or others performing the person who presented it
construction Nork to provide for the monumentation required by this section. It shall be make it conform to the reqt
the duty of ~ very land surveyor or civil engineer to cooperate with the governmental registered civil engineer su
agency in m~ ;tters of maps, fiefd notes, and other pertinent records. Monuments set to compliance with subdivisier
mark the limi ing lines of highways, roads, or streets shall not be deemed adequate for this surveyor or engineer shah
purpose unle ~s specifically noted on the records of the improvement works with direct ties resubmission.
in bearing or :imuth and distance be~een these and other monuments of record. (c) If the matters
[Amended, Chapter 458, Statutes of 1994] Iicensed land surveyor or th
working days after the licen
877t,5. :lecord of surveysCalifornia coordinates requests the corner recep
Whet coordinates in the California Coordinate System are shown for points on a differences shall be noted c~
record of .s ~rvey map the map may not be recorded unless it also shows, or is county surveyor.
accompame I by a map showing, the control scheme through which the coordinates were (d) The corner r
determined f 'ore points of known coordinates. securely fastened by him or
(e) A charge lOT
8772. MonumentatiOn identification collected by the county sur,
Any n onument set by a licensed land surveyor or registered civil engineer to mark deed.
or reference a point on a property or land line ehall be permanently and visibly marked or [Am
tagged with he certificate number of the surveyor or civil engineer setting it, each number
to be pr~;ced .~d by the letters "LS." or "R.C,E.,' respectively, as the case may be or, if the 8773.3. Corner re
monument i.' set by a public agency, it shall be marked with the name of the agency and In every case where
the political :.ubdivision it serves. land surveyor or registered
Nathi in this section shall prevent the! inclusion of other information on the tag such corner, and accessed
which will a: .sist in the tracing or location of the survey records which relate to the taggad physical condition that it
monument. so that the same may be n
future.
8773, Corner recordsrecord of survey for "lost" corners
(a) Except as provided in subdivision (b) of Section 8773.4, a person 8773.4. Corner re
authorized t practice land surveying in this state shall complete, sign, stamp with his or (a) No corner re
her seal an, file with the county surveyor Or engineer of the county where the corners are surveyor or registered ck
situated, a ~ 'itten record of corner establishment or restoration to be known as a "corner agency of the United Stab
record" for .~very corner estabfished by the Survey of the Pubtic Lands of the United signed by the chief of the
States, exc~ pt "lost corners," as defined by the Manual of Instructions for the Survey of (b) No corner rE
the Public L ~nds of the United States, and every accessory to such corner which is found, ( 1 ) A corner rec
set, reset, used as control in any survey by :such authorized person. corner record.
(Io) After the establishment of a lost corner, as defined by the Manual of (2) All conditio,
Instruction for the Survey of the Public Lands of the United States, a record of survey record or survey map file
shall be file ~ as set forth in Section 8764. subdivision map, in com~
{c) Any person authorized to practice land surveying in this state may file such This section shall n
corner record for any property corners, proberry controlling corners, reference
monument~ or accessories to a property corner. 8774. Right of
[Amended, Chapter 805, Statutes of 19871 (a) The right ot
evidence, and to pedorm
8773.1. Corner record form surveying, and it is the re
The card shall by regulation provid~ and prescribe the information which shall be to provide reasonable ac
necessary I be included in the corner recon'l and the board shall prescribe the form in upon the provision of pril
which suct' :orner record shah be presented and filed, and the time limits within which the shall be notified of the prE
form sha(lt flied. (b) The requil
access-controlled porticr
8773.:2. Corner record filing (c) When reqt
{a) A "corner record" submitted to the county surveyor or engineer shatl be way shall be referenced
examined him or her for campliance with subdivision (d) of Section 8765 and Sections having jurisdiction Over
8773, 877: and 8773.4, endorsed with a s~atement Of his or her examination, and fi~ed engineer or licensed lane
with the co Jnty surveyor or returned to the firing party within 20 working days after receipt,
42
PAYMENT/CONTRACT EXECUTION REQUEST
TO: GREGORY C. DEVEREA~UX, CITY MANAGER
FROM: BOB WEDDLE, CITY ENGINEER/f~
DATE: MAY 25, 1995
SUBJECT: WASHINGTON DRIVE SEWER PROJECT FROM CYPRESS AVENUE TO
APPROX. 803 FEET EAST.
BRIEF BACKGROUND/SUMMARY:
ON MAY 2, 1995 THE CITY COUNCIL AWARDED THE CONTRACT FOR THE
CONSTRUCTION OF WASHINGTON DRIVE SEWER PROJECT.
Vendor/Contract Name: S.J. BURKHARDT, INC.
Contract Yalue $85,500.00 Document Authority from City Council:
[X] Yes [ ] No
Budgeted: [X] Yes [ ] No
[ I One-Time Cost [ ] Recurring
Consistent with Purchasing Procedures: IX] Yes [ ] No
If not consistent, explain:
STAFF APPROVAL:'~-F'-~t~C~'/~-''~''''~ DATE:
DEPARTMENT HEAD APPROVAL: ~' DATE:
Attachment City Council Minutes and/or Page from Approvcd Budget [X] Ycs[ ] No
[ ] Other
LETTER OF TRANSMITTAL
CITY OF FONTANA FILE: WASHINGTON DRIVE SEWER
CDD/ENGINEERING DIVISION DATE: MAY 23, 1995
8353 SIERRA AVENUE
FONTANA, CA. 92335
TO: 2RISKMANAGEMENT
ATTN: ROBERT GRAHAM
Gentlemen:
We are sending you: ( ) Attached ( ) Under separate cover via __
the following item:
( ) Drawing(s) ( ) Print(s) ( ) Plan(s) ( ) Sample(s) ( ) Check
Print(s) ( ) Specifications ( ) Copy of Letter ( ) Change
Order(s) ( ) Other:
COPIES DATE NO,. DESCRIPTION
PURPOSE: PLEASE:
( ) For your information/records ( ) submit original
(x) For Approval ( ) Resubmit copies for
( Approved as submitted approval
( For your use ( ) Submit __ copies for
( Approved as noted distribution
( As requested ( ) Return corrected
( For review and comment prints
( Returned for corrections ( ) Other
( Other
( For Bid Due:
( Prints returned after loaned to:
Remarks: The Council awarded this project on May 2, 1995. Attached
are three (3) sets of original Construction Contracts for your
siqnature. Certificate of Insurance is attached to each set.
Please call Ext. 6659/6645 when signed.
Copy to:
Signed: ~( C~ f~T~DA~
MEMORANDUM
CITY OF FONTANA
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION/SPECIAL PROJECTS
TO: KEN HUNT, GENEraL SERVICES MANAGER
FROM: YOUSUF PATANWALA, P.E., ~
ASSOCIATE ENGINEER/SPECIAL PROJECTS
SUBJECT: WASHINGTON DRIVE SEWER PROJECT FROM CYPRESS AVENUE
TO APPROX. 803 FEET EAST (SB-71-94)
CONTRACT PERFORMANCE AND
PAYMENT BOND VERIFICATION
DATE: MAY 16, 1995
Enclosed are copies of the Contract Performance and Payment Bonds
submitted on behalf of S.J. Burkhardt, received for the
construction of the above referenced project.
Please review and verify by written response, whether the Bonds
submitted are from acceptable Surety Companies.
EI~IGINEERS & PLANNERS
E89-0L2,002
May 7, 1990
Karl 3urrelsman ~ ,~.
BIRTC'{ER CONSTRUCTION
701 North Haven Avenue
Suite 150
ontario, CA
Per our conversation Of last Thursday afternoon, the 108 feet
of 8" PVC sanitary sewer and the two. manholes as shown on
Sheet 7 of the Public Works plans are to be eliminated.
There was a vertical conflict with the 36" storm drain. The
4" force main is to be ,extended to the existing 12" sewer
line in Valley Boulevard and tied into the existing manhole
which is approximately 5 feet east of Juniper Street
centerline. Jerry Troyer stated that he saw no problem with
this change.
Also approximately 30 feet of 8" PVC sewer needs to be
installed from the existing manhole at Station 19+90 on
Valley Boulevard (Sheet 6) to the south right-of-way line.
This sewer is intended to serve onsfte Pads D, E & G.
Therefore, an addendum for this work should be as follows:
DELETIONS
Item No. DescriptiOn Quantity
9b Manhole i EA
9e 6" PVC lateral & plug 33 LF
9f 8" PVC 78 LF
The 6" PVC lateral that is being eliminated was to serve Pad
A. However, with the upcoming proposed changes for Major 1
and Retail 4, an onsite sewer may be extended to Juniper
Avenue. This sewer could then serve Pad A. A second
alternate would be to run a 6" PVC service line from Pad A
nortA across Valley Boulevard to the existing 12" sewer line.
10920 Via =rontera · R O. Box 28100 · Ssn Diego, CA 92128-0100 · (619) 485-1500 · (619) 578-7140
FAX (619) 487-2068
E89-0L2.002
Karl Burrelsman
BIRTCI~ER CONSTRUCTION
May 7, 1990
Page 2
If you h~y~urt,~.er guestions, please call me.
R.T. STANDISH, PE
ea
cc: Andrew Trachman
Ray Culley
John McCarty
Jim Strodtbeck
Jerry Troyer
Edgar Casasola
~ike Brown
,m,,,,'V
RECORD OF TELEPHONE CONVERSATION
By
Project No.
Project Title
Organization ~L1 ~ A ~ ~ Location
ITEMS DISCUSSED
COMMENTS OR ACTION REQUIRED
Wlley-Fisk Form
RECORD OF TELEPHONE CONVERSATION
COMMENTS OR ACTION REQUIRED
Wlley-Fllk Form 4-7
City of Fontana
CALIFORNIA
February 28, 1995
MCGRAW HILL DODGE
202 EAST AIRPORT DRIVE
SAN BER}~RDINO, CA. 92408
RE: CONSTRUCTION OF WASHINGTON DRIVE SEWER PROJECT
FROM CYPRESS AVENUE TO APPROXIMATELY 803 FEET EAST
ADVERTISEMENT OF THE CITY OF FONTANA, CALIFORNIA
PUBLIC WORKS CONTRACTS
Gentlemen:
Enclosed[ is/are 2 set(s) of plans and specification for your
advertisement. Project details are listed below. Should you have
any questions, please call Yousuf Patanwala, P.E., Associate
Engineer/Special Projects at (909)350-6645.
BID SUBMITTAL ESTIMATED
PROJECT DUE DATE/TIME CONSTRUCTION COSTS
Construction of Washing- April 6, 1995 $102,000.00
ton Drive Sewer Project 2:00 P.M.
from Cypress Avenue to
Approx. 803 Feet East.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Yousuf Patanwala, P.E.
Associate Engineer/Special Projects
cc: Principal Civil Engineer/Special Projects
8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 380-7600
SISTER CITY-- KAMLOOPS, B.C. CANADA
February 28, 1995
CONSTRUCTION EXPRESS
35805 MITCHELL ROAD
MURRIETA, CA. 92562
RE: CONSTRUCTION OF WASHINGTON DRIVE SEWER PROJECT
FROM CYPRESS AVENUE TO APPROXIMATELY 803 FEET EAST
ADVERTISEMENT OF THE CITY OF FONTANA, CALIFORNIA
PUBLIC WORKS CONTRACTS
Gentlemen:
Enclosed[ is/are 2 set(s) of plans and specification for your
advertisement. Project details are listed below. Should you have
any questions, please call Yousuf Patanwala, P.E., Associate
Engineer/Special Projects at (909)350-6645.
BID SUBMITTAL ESTIMATED
PROJECT DUE DATE/TIE CONSTRUCTION COSTS
Construction of Washing- April 6, 1995 $102,000.00
ton Drive Sewer Project 2:00 P.M.
from Cypress Avenue to
Approx. 803 Feet East.
Sincerely,
COgNI~Y DEVELOPMENT DEPA[PMENT
Yousuf Patanwala, P.E.
Associate Engineer/Special Projects
cc: Principal Civil Engineer/Special Projects
8353 SIERRA AVENUE(RO. BOX518) · FONTANA, CALIFORNIA 92334-0518 · (714)350-7600
SISTER CITY -- KAMLOOPS, B.C. CANADA
.City of Fontaria
CALIFORNIA
February 28, 1995
DAILY CONSTRUCTION SERVICE
P.O. BOX 2757
EL SEGUNDO, CA. 90245-2757
RE: CONSTRUCTION OF WASHINGTON DRIVE SEWER PROJECT
FROM CYPRESS AVENUE TO APPROXIMATELY 803 FEET EAST
ADVERTISEMENT OF THE CITY OF FONTANA, CALIFORNIA
PUBLIC WORKS CONTRACTS
Gentlemen:
Enclosed is/are 2 set(s) of plans and specification for your
advertisement. Project details are listed below. Should you have
any ~estions, please call Yousuf Patanwala, P.E., Associate
Engineer/Special Projects at (909)350-6645.
BID SUBMITTAL ESTIMATED
PROJECT DUE DATE/TIM~ CONSTRUCTION COSTS
Construction of Washing- April 6, 1995 $102,000.00
ton Drive Sewer Project 2:00 P.M.
from Cypress Avenue to
Approx. 803 Feet East.
Sincerely,
COM~UNIIY DEVELOPMENT DEPARTMENT
Yousuf Patanwala, P.E.
Associate Engineer/Special Projects
cc: Principal Civil Engineer/Special Projects
8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600
SISTER CITY -. KAMLOOPS, B.C. CANADA
City of Fontana
CALIFORNIA
February 28, 1995
MCGRAW HILL DODGE
2150 TOWN CENTER PLACE
ANAHEIM, CA. 92806
RE: CONSTRUCTION OF WASHINGTON DRIVE SEWER PROJECT
FROM CYPRESS AVENUE TO APPROXIMATELY 803 FEET EAST
ADVERTISEMENT OF THE C]iTY OF FONTANA, CALIFORNIA
PUBLIC WORKS CONTRACTS
Gentlemen:
Enclosed is/are 2 set(s) of plans and specification for your
advertisement. Project details are listed below. Should you have
any questions, please call Yousuf Patanwala, P.E., Associate
Engineer/Special Projects at (909)350-6645.
BID SUBMITTAL ESTIMATED
PROJECT DUE DATE/TIE CONSTRUCTION COSTS
Construction of Washing- April 6, 1995 $102,000.00
ton Drive Sewer Project 2:00 P.M.
from Cypress Avenue to
Approx. 803 Feet East.
'sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Yousuf Patanwala, P.E.
Associate Engineer/Special Projects
cc: Principal Civil Engineer/Special Projects
8~53 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 82334-0518 · (714) 350-7600
SISTER CITY -- KAMLOOPS, B.C. CANADA
1221 E. Dyer Road, Suite 295
BI RTCttE R Sa.ta Aria,CA 92705 5635
~-_, I'elephone: 714-850 1411
~ Fax: 714-850-9042
NOV I ? Ig~
November 16, 1994
Mr. Robert Weddie
Mr. Felipe Molinos
The City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
RE: WASHINGTON DRIVE SEWER PROJECT
BID NO. SB-71-94
Gentlemen:
We are in receipt of your letter dated October 17, 1994, providing the additional
information requested for the above referenced project. Thank you for your prompt
response to our request.
Based upon our review of the information submitted by The City of Fontana relative to the
Washington Drive Sewer Project, said specifications are hereby approved by Birtcher
Trachman Properties.
If we can be of any further assistance to you, please contact me at (714) 643-7560.
Sincerely,
Andy Trach 'nan
General Partner
AT/vlj