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HomeMy WebLinkAbout5.1 General Correspondence f~l~4 ~ MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DI VISION/SPECIAL PROJECTS TO: Ken Jeske, Public Services Director FROM: Robert W. Weddie, P.E., City Engineer/ SUBJECT: Locust Avenue Sewer Extension from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard DATE: June 26, 1996 Transmitted herewith is a set of "Record Drawing for Locust Avenue Sewer Extension 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 June 18, 1996. DRAWING NO. TITLE 2319 (Sheets 1 to 3) Locust Avenue Sewer Extension From 110' South of Foothill Blvd. To 170' North of Foothill Blvd. cc: Principal Civil Engineer/Special Projects CITY OF FONTANA FONTANA, CALIFORNIA MEMORANDUM TO: YOUSUF PATANWALA, ASSOCIATE ENGINE~ FROM: WAYNE BROWN, PUBLIC WORKS INSPECT DATE: JUNE 10, 1996 SUBJECT: LOCUST AVENUE SEWER The Locust Avenue Sewer Extension civil work has been completed by the contractor, S.J. Burkhardt Inc. All construction is complete and in accordance with all plans and specifications and all punch list items have been completed to the satisfaction of the Inspector. WB:ke cc: City Engineer Principal Civil Engineer/Special Projects City of Fontana CALIFORNIA May13,1996 Kurt Yoshi, Project Manager Ninyo & Moore, Inc. 155 West Hospitality Lane Suite 165 San Bemardino, CA 92408 RE: Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd. to 170' North of Foothill Blvd. (SB-72-94) Ninyo and Moore Project No. 103005-01 Dear Mr. Yoshi: Enclosed as requested is one set of Coreract Documents (Plans and Specifications) for the above referenced project. Please contact the undersigned at (909) 350-6645 if you required any additional information. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yousuf Patanwala, P .E. Associate Civil Engineer/Special Projects Enclosure: One (1) set of Plans and Specifications cc: Principal Civil Engineer/Special Projects 8353SIERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, 'B.C. CANADA ~ recycled paper MAYOR ' CITY CLERK CARL B. COLEMAN, JR. ~ ,Z ' ~, DR. CHARLES A. KOEHLER MAYo. ..o TEM C 0 Fontana c. TREA uRER NANCY HODPER COUNCIL MEMBER JOHN B. ROBERTS j ~ C A L I F 0 R N I A GREGORY C. DEVEREAUX COUNCIL MEMBER ~ CITY MANAGER BEATRICE WATSON COUNCIL MEMBER _ April 4, 1996 Norstar Plumbing Co. P.O. Box 9000-310 AIm Loma, CA 91701 Dear Sirs: Please find enclosed ~your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard' in the City of Fontarm. The successful low bidder for this project was S.J. Burkhardt in the mount of $97,982. The City is most appreciative of your interest in bidding on tllis project and if you should have any further questions, please feel free to contact Yousuf Palanwala in the Engineering Division of the City of Fontaria at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 380-7600 PRINTED ON RECYCLED PAPER DAVID n. ESHLEMAN F/~~~ ].- '~ Y KATHY MONTOYA MAYOR CIT~ CLERK CARL B. COLEMAN, JR, ; C f Fo ,,R.c.ARLEsA,<oE.LE, MAYOR PRO TEM " C~TY TREASURER NANC~ .O0~ER~ 0 FIt El 11 3 COUNCIL MEMBER JOHNB. ROBERTS ~ (,7, A L ~ F O ]{ J[x4 ][ A GREGORY C+ DEVEREAUX COUNCIL MEMBER ,]' CJTY MANAGER 8EATRICE WATSON COUNCIL MEMBER April 4, 1996 Norstar Puumbing Co. P.O. Box 9000-310 Alta Loma, CA 91701 Dear Sirs: Please find enclosed your Bid Bond submitted on February 8, 1996, for the 'Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard' in the City of Fontaria. The successful low bidder for this project was S.J. Burkhardt in the amount of $97,982. 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 the Engineering Division of the City of Fontana at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: P. OBOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 City of Fojtana DAVID R. ESHLEMAN - ' ~ KATHY MONTOYA · MAYOR CI1~ CLERK CARL B. COLEMAN, JR. DR. CHARLES A. KOEHLER MAYOR PRO TEM CITY TREASURER NANCY HOOPER COUNCIL MEMBER JOHN S. ROBERTS C A L [ F 0 R N [ A GBEGOBY C. DEVEBEAUX COUNCIL MEMBER CITY MANAGER BEATRICE WATSON COUNCIL MEMBER April 4, 1996 F. T. Pipeline Construction Co. 12464 Silkoak Ct. Etiwanda, CA 91739 Dear Sirs: Please find enclosed your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard' in the City of Fontaria. The successful low bidder for this project was S .L Burlthardt in the mount of $97,982. 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 the Engineering Division of the City of Fontana at (909) 350-6645. in er , Linda S. Nunn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTAN& CALIFORNIA 92334-0518 · (909) 350-7600 pRINTED ON ~ECYCLEO PAPER City of Fo=tana DAVID R. ESHLEMAN KATHY MONTOYA MAYOR CITY CLERK CARL S. COLEMAN, JR. DR. CHARLES A. KOEHLER MAYOR PRO TEM CITY TREASURER NANCY HOOPER COUNCIL MEMBER JOHN B. ROBERTS C A l, I F C) R N [ A GBEGORYC. DEVEREAUX COUNCIL MEMBER CITY MANAGER BEATRICE WATSON COUNCIL MEMBER April 4, 1996 Atlas Underground Co. P.O. Box 951 Chino, CA 91708-0951 Dear Sirs: Please find enclosed your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard" in the City of Fontaria. The successful low bidder for this project was S.J. Burkhardt in the mount of $97,982. 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 the Engineering Division of the City of Fontaria at (909) 350-6645. Sincerely, ~_ .~L.;~I 6(&.-~' L 'kC. L nda i S. unn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 PRINTED ON RECYCLED pApER AV,DR.E HLEMAN I C ty Of Fontana HYMoN o A MAYOR ! CITY CLERK CARL B. COLEMAN, JR. ~ DR. CHARLES A. KOEHLER MAYOR PRO TEM ° CITY TREASURER NANCY HOOPER COUNCIL MEMBER ~ JOHN S. ROBERTS C A L [ F 0 R N I ~ GREGORY C. DEVEREAUX COUNCIL MEMBER ~ CI~ MANAGER BEATRICE WATSON COUNCIL MEMBER April 4, 1996 Apple Valley Construction 9312 Deep Creek Road Apple Valley, CA. 92308 Dear Sirs: Please fred enclosed your Bid Bond submitted on February 8, 1996, for the 'Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard' in the City of Fontana. The successful low bidder for this project was SJ. Burkhardt in the mount of $97,982. 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 Pataawala in the Engineering Division of the City of Fontana at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: P,O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 PRINTED ON RECYCLED PAPER ' City of FoTtana 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 L ] F O R INT I A GBEGOBYC. DEVEBEAUX COUNCIL MEMBER CITY MANAGER SEATRICE WATSON COUNCIL MEMBER ~ April 4, 1996 Albert W. Davies, Inc. P.O. Box 215 Rancho Cucamonga, CA 91730 Dear Sirs: Please find enclosed your Bid Bond submitted on February 8, 1996, for ~c "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to lq0' North of Foothill Boulevard" in ~e City of Fontaria. The successful low bidder for this project was S.L Burkhardt in the amount of $97,982. 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 the Engineering Division of the City of Fontaria at (909) 350-6645. Sincerely, l,inda S. Nunn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE * FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 PRINTED ON RECYCLED PAPER City of Fo tana DAVID R. ESHLEMAN KATHY MONTOYA MAYOR CITY CLERK CARL B. COLEMAN, JR. OR. CHARLES A. KOEHLER MAYOR PRO TEM CITY TREASURER NANCY HOOPER COUNCIL MEMBER JOHN B. ROBERTS C A I., I F C) R N I A GREGORY C. DEVEREAUX COUNCIL MEMBER CiTY MANAGER BEATRICE WATSON COUNCIL MEMBER April 4, 1996 Zaich Construction, Inc. 10135 Wystone Avenue Northridge, CA 91324 Dear Sirs: Please find enclosed your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard' in the City of Fontann. The successful low bidder for this project was S.J. Burkhardt in the amount of $97,982. 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 the Engineering Division of the City of Fontann at (909) 350-6645. Sincerely, Linda S. Nuun, CMC Deputy City Clerk lsn enclosure co: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.SOX 5t8 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 DAVID R. ESHLEMAN KATHY MONTOYA MAYOR CITY CLERK CARL S. COLEMAN, JR. DR. CHARLES A. KOEHLER MAYoR PRo TEM City of Fontana c, ,TREABuRER NANCY HOOPER COUNCIL MEMBER JOHN B. ROBERTS C A L I F C) R N I A GREGORY C. DEVEREAUX COUNCIL MEMBER CITY MANAGER BEATRICE WATSON COUNCIL MEMBER April 4, 1996 Trautwein Construction 14046 Santa Ana Avenue Fontaria, CA 92337 Dear Sirs: Please f'md enclosed your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard" in the City of Fontana. The successful low bidder for this project was S.L Burkhardt in the amount of $97,982. 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 l~atanwala.in the Engineering Division of ~e City of Fontana at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk lsn enclosure ec: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE ,m FONTANA, CALIFORNIA 92334-0518 * (909) 350-7600 pRINTED ON RECYCLED PAPER City of Fontana 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. ROBEBTS C A L I F (D t~ N I A GREGORY C. DEVEBEAUX COUNCIL MEMBER CITY MANAGER BEATRICE WATSON COUNCIL MEMBER April 4, 1996 El-Co Contractors, Inc. 1995 Nolan Street San Bemardino, CA 92405 Dear Sirs: Please fred enclosed your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewe2 Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard" in the City of Fontana. The successful low bidder for this project was S./. Burkhardt in the mount of $97,982. 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 the Engineering Division of the City of Fontaria at (909) 350-6645. Sincerely, , , Linda S. Nunn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE ,, FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 pRINTE[~ ON RECYCLED pAPEF~ DA',.DR. SHLEMAN' City f F MAYOR KATHY MONTOYA CiTY CLERK CARL S. COLEMAN, JR. MAYOR PRO TEM DR. CHARLES A. KOEHLER .ANCY HOO~ER , , O O 11 t a 11 a c,Ty T.EABu. ER COUNCIL MEMBER JOHN B. ROBERTS ~ C A l. I F 0 R N I A GREGORY C. DEVEREAUX CITY MANAGER . COUNCIL MEMBER , BEATRICE WATSON COUNCIL MEMBER April 4, 1996 Genesis Construction P.O Box 7067 Hemet, CA 92545 Dear Sirs: Please find enclosed your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard" in the City of Fontana. The successful low bidder for this project was S.L Burkhardt in the amount of $97,982. 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 the Engineering Division of the City of Fontana at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: RO.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 pRINTED ON ~ECyCLED PAPER 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 JOHN B. ROBERTS C A L I F C) R N I A GREGOBYC. DEVEREAUX COUNCIL MEMBER CITY MANAGER SEATRICE WATSON COUNCIL MEMBER - ~ April 4, 1996 Shields Industries, Inc. 9401 Etiwanda Ave., Suite #120 Rancho Cucamonga, CA 91739 Dear Sirs: Please find enclosed your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard" in the City of Fontaria. The successful low bidder for this project was S ,J. Burkhardt in the amount of $97,982. 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 the Engineering Division of the City of Fontaria at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk lsn enclosure co: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.SOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 pRINTED ON ,~ECYCLED PAPER ' City of Fojtana DAVID R. ESHLEMAN KATHY MONTOYA MAYOR CITY CLERK CARL B. COLEMAN, JR. MAYOR PRO TEM DR. CHARLES A. KOEHLER CITY TREASURER NANCY HOOPER ~ COUNCtL MEMBER JOHN B. ROBERTS C A L I F 0 R N I A GBEGORY C. DEVEREAUX COUNCIL MEMBER ' CITY MANAGER BEATRICE WATSON COUNCIL MEMBER ~" A ~ April 4, 1996 Bear Valley Paving P.O. Box 1588 Big Bear lake, CA 92315 Dear Sirs: Please find enclosed your Bid Bond submitted on February 8, 1996, for the "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Boulevard to 170' North of Foothill Boulevard' in the City of Fontana. The successful low bidder for this project was S.J. Burkhardt in the mount of $97,982. The City is most appreciative of your interest in bidding on this project and if you should have any further questions, please feel flee to contact Yousuf Patanwala in the Engineering Division of the City of Fontaria at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk lsn enclosure cc: Yousuf Patanwala - Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 PRINTED ON RECYCLED PAPER MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: LINDA ROMBAUGH ACCOUNT CLERK II FROM: YOUSUF pATANWALA, P.E., ASSOCIATE ENGINEER/SPECIAL PROJECTS~'~ SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD.-SB-72-94 EXECUTED CONTRACT DOCUMENTS DATE: APRIL 3, 1996 Enclosed is a copy of one fully executed contract document and a copy of Council Agenda Item for Award of the above stated preject. Please process the Purchase Order for the project. cc: Principal Civil Engineer/Special Projects LETTER OF TRANSMITTAL CITY OF FONTANA FILE: LOCUST AVENUE SEWER EXTENSION CDD/ENGINEERING DIVISION PROJECT FROM 110' SOUTH OF 8353 SIERRA AVENUE FOOTHILL BLVD. TO 170' NORTH FONTANA, CA. 92335 OF FOOTHILL BLVD. (SB-72-94) TO: ~RISK MANAGEMENT DATE: MARCH 21, 1996 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 proiect on March 5, 1996. Attached are three (3) sets of original Construction Contracts for vour signature. Certificates of insurance is attached to each set. Please call Extension 6659/6645 when siqned. Copy to: Signed: ~~ MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: LINDANUNN DEPUTY CITY CLERK FROM: YOUSUF PATANWALA, P.E., ASSOCIATE ENGINEER/SPECIAL PROJECTS SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD.-SB-72~94 EXECUTED CONTRACT DOCUMENTS DATE: APRIL 2, 1996 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 twelve 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 PAYMENT/CONTRACT EXECUTION REQUEST TO: GREGORY C. DEVEREAUX, CITY MANAGER FROM: BOB WEDDLE, CITY ENGINEER~/ DATE: MARCH 26, 1995 SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110 FEET SOUTH OF FOOTHILL BLVD. TO 170 FEET NORTH OF FOOTHILL BLVD. (SB 72-94) BRIEF BACKGROUND/SUMMARY: ON MARCH 5, 1996 THE CITY COUNCIL AWARDED THE CONTRACT FOR THE CONSTRUCTION OF THE LOCUST AVENUE SEWER EXTENSION PROJECT Vendor/Contract Name: S.J. BURKHARDT, INC. Contract Value $97,982.00 Document Authority from City Council: [X] Yes [ ] No Budgeted: [X] Yes [ ] No [ ] One-Time Cost [ ] Recurring Consistent with Purchasing Procedures: IX] Yes [ ] No If not consistent, explain: STAFF APPROVAL: ~/~/-~ DATE: : _, DATE: Attac~ent: City Council M~nutes and/or Page from Approved Budget IX] Yes [ ] No [ ] Other CITY COUNCIL ACTION REPORT MARCH 5, 1996 MEETING FROM: Community Development Department Z~ .a SUBJECT: Award of Contract for the Construction of the Locust Avenue Sewer Extension Project RECOMMENDATION: 1. REJECT THE LOWEST BIDDER, BEAR VALLEY PAVING'S BID FOR FALLING TO LIST THE SUBCONTRACTORS FOR THE PROJECT; ACCEPT A BID FROM THE SECOND LOWEST BIDDER IN THE AMOUNT OF 997,982 AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH S.J. BURKHARDT, INC. FOR THE CONSTRUCTION OF THE LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110 FEET SOUTH OF FOOTHILL BOULEVARD TO 170 FEET NORTH OF FOOTHILL BOULEVARD; AUTHORIZE A CONSTRUCTION CONTINGENCY FUND IN THE AMOUNT OF 99,798.20 (10%) OF THE CONSTRUCTION AMOUNT. 2. AUTHORIZE APPROPRIATION OF 9107,780.20 FROM SEWER FUND 502. COUNCIL GOALS: To improve and upgrade the City's existing infrastructure. DISCUSSION: On February 8, 1996, the City Clerk received 12 bid proposals for this project. The bids were publicly opened at 2:00 p.m. in the City Council Chambers. Staff has determined that the lowest bidder has been disqualified by not listing the subcontractors for the project. The second lowest bid proposal has been found in compliance with the requirements and is therefore considered the lowest responsible bidder. This project is essential to provide needed sewer service to commercial and residential properties located north of Foothill Boulevard. The Sunrise Ford car dealership has deposited their fair share with the City towards the construction of this sewer line. FISCAL IMPACT: Funds are available in the Sewer Fund (502), Program Number 53720 for this project. This project was originally budgeted and awarded to a contractor in FY 94/95 however, the contractor was unable to enter into a contract and the project was re- bid, Stem: CC-H RANCHO CUCAMONGA ~ RIALTO ,,.. ~ FONTANA i " ~:~ PROJECT "'~' "". qr"":,~ LOCATION ~ ~ ~ ~L ~ r~ ""'2.. / """~ '~.A= O CITY OF FONTANA LEGEND ~H(R( ~ ]N~UEN~ L~U~ A~NUE ~) ~N$) P~JECT ,.c~p~,~o a~ VOCONOTY MEMOR3~NDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: DISTRIBUTION LIST FROM: YOUSUF PATANWALA, P.E., ASSOCIATE ENGINEER/SPECIAL PROJECTS SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD.-SB-72-94 PRE-CONSTRUCTION MEETING DATE: MARCH 28, 1996 The pre-construction meeting for the above referenced project is scheduled for Thursday, April 4, 1996 at 1:30 Dm in the DESIGN ADVISORY BOARD (D.A.B.) meeting room. Your attendance will be appreciated. Distribution List: City Traffic Engineer Principal Civil Engineer/Special Projects Engineering Tech. II/Special Projects (D.G.) Public Services Manager (C.A) Public Works Inspector (W.B.) cc: City Engineer City of Fontana CALIFORNIA March 27, 1996 Dennis Freeman Southern California Gas Co. 1981 Lugonia St. Redlands, CA. RE: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD.-SB-72-94 PRECONSTRUCTION MEETING Dear Mr. Freeman: The City of Fontana has scheduled a preconstruction meeting for the above referenced project. A Gas Company representative is requested to attend this meeting. The preconstruction meeting is schedule for Thursday, April 4, 1996 at 1:30 D.m. in the Desion Advisory Board (D.A.B.) meeting room at Fontana City Hall, 8353 Sierra Avenue, Fontana, CA 92335. Please contract the undersigned at (909) 350-6645 if you have any questions. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects 8353 SIERRA AVENUE (P.O. BOX 818) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, B,C, CANADA ~e~ recycled paper City of Fontana CALIFORNIA March 27, 1996 A1 Krohn Fontana Water Company 16803 Spring St. Fontana, CA. 92335 RE: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD TO 170' NORTH OF FOOTHILL BLVD.-SB-72-94 PRECONSTRUCTION MEETING Dear Mr. Krohn: The City of Fontana has scheduled a preconstruction meeting for the above referenced project. A Fontaria Water Company representative is requested to attend this meeting. The preconstruction meeting is schedule for Thursday, April 4, 1996 at 1:30 ~.m. in the DesiGn Advisory Board (D.A.B.) meeting room at Fontaria City Hall, 8353 Sierra Avenue, Fontana, CA 92335. Please contract the undersigned at (909) 350-6645 if you have any questions. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects 8353 SIERRAAVENUE(P.O, BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, B,C. CANADA ~14~ recycled paper City of Fontana CALIFORNIA March 27, 1996 Fran Stewart Southern California Edison Co. 7951 Redwood Ave. Fontana, CA. 92336 RE: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD.-SB-72-94 PRECONSTRUCTION MEETING DEAR Mr. Stewart: The City of Fontana has scheduled a preconstruction meeting for the above referenced project. A Edison Company representative is requested to attend this meeting. The preconstruction meeting is schedule for Thursday, April 4, 1996 at 1~30 D.~. in the DesiGn Advisory Board (D.A.B.) meeting room at Fontana City Hall, 8353 Sierra Avenue, Fontana, CA 92335. Please contract the undersigned at (909) 350-6645 if you have any questions. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects 8353 SFRRAAVENUE(P.O, BOX518) · FONTANA, CALIFORNrA92334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA ~!~ recycled paper City of Fontana CALIFORNIA March 27, 1996 Jack Hayes Comcast Cable TV 1205 Dupont Avenue Ontario, CA. 91761 RE: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD.-SB-72-94 PRECONSTRUCTION MEETING Dear Mr. Hayes: The City of Fontana has scheduled a preconstruction meeting for the above referenced project. A Comcast Cable representative is requested to attend this meeting. The preconstruction meeting is schedule for Thursday, April 4, 1996 at 1:30 D.m. in the DesiGn Advisory Board (D.A.B.) meeting room at Fontana City Hall, 8353 Sierra Avenue, Fontana, CA 92335. Please contract the undersigned at (909) 350-6645 if you have any questions. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects 8353 SIERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA 92334-0518 ,e (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA ~e~ recycled paper City of Fontana CALIFORNIA March 27, 1996 Larry Todd Pacific Bell 3073 Adams Street Riverside, CA. 92504 RE: LOCUST AVENUE SEW~.R EXT~.NSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD.-SB-72-94 PRECONSTRUCTION MEETING Dear Mr. Todd: The City of Fontana has scheduled a preconstruction meeting for the above referenced project. A Pacific Bell representative is requested to attend this meeting. The preconstruction meeting is schedule for Thursday, April 4, 1996 at 1:30 D.m. in the Design Advisory Board (D.A.B,,) meeting room at Fontana City Hall, 8353 Sierra Avenue, Fontana, CA 92335. Please contract the undersigned at (909) 350-6645 if you have any questions. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division 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 ~1~ recycled paper PAYMENT/CONTRACT EXECUTION REQUEST TO: GREGORY C. DEVEREAUX, CITY MANAGER FROM: BOB WEDDLE, CITY ENGINEER~/~,/ DATE: MARCH 26, 1995 SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110 FEET SOUTH OF FOOTHILL BLVD. TO 170 FEET NORTH OF FOOTHILL BLVD. (SB 72-94) BRIEF BACKGROUND/SUMMARY: ON MARCH 5, 1996 THE CITY COUNCIL AWARDED THE CONTRACT FOR THE CONSTRUCTION OF THE LOCUST AVENUE SEWER EXTENSION PROJECT Vendor/Contract Name: S.J. BURKHARDT, INC. Contract Value $97,982.00 Document Authority from City Council: [X] Yes [ ] '.No Budgeted: [X] Yes [ ] No [ ] One-Time Cost [ ] Recurring Consistent with Purchasing Procedures: [X] Yes [ ] No If not consistent, explain: STAFF APPROVAL: ~-~'~_~ DATE: DEPARTMENT HEAD APPROVAL: DATE: Attachment: City Council Minutes and/or Page from Approved Budget [X] Yes [ ] No [ ] Other f%ITY COUNCIL ACTION REPORT MARCH 5, 1996 MEETING FROM: Community Development Department SUBJECT: Award of Contract for the Construction of the Locust Avenue Sewer Extension Project RECOMMENDATION: 1. REJECT THE LOWEST BIDDER, BEAR VALLEY PAVING'S BID FOR FAILING TO LIST THE SUBCONTRACTORS FOR THE PROJECT; ACCEPT A BID FROM THE SECOND LOWEST BIDDER IN THE AMOUNT OF 997,982 AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH S.J. BURKHARDT, INC. FOR THE CONSTRUCTION OF THE LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110 FEET SOUTH OF FOOTHILL BOULEVARD TO 170 FEET NORTH OF FOOTHILL BOULEVARD; AUTHORIZE A CONSTRUCTION CONTINGENCY FUND IN THE AMOUNT OF 99,798.20 (10%) OF THE CONSTRUCTION AMOUNT. 2. AUTHORIZE APPROPRIATION OF 9107,780.20 FROM SEWER FUND 502. COUNCIL GOALS: To improve arid upgrade the City's existing infrastructure. DISCUSSION: On February 8, 1996, the City Clerk received 12 bid proposals for this project. The bids were publicly opened at 2:00 p.m. in the City Council Chambers. Staff has determined that the lowest bidder has been disqualified by not. listing the subcontractors for the project. The second lowest bid proposal has been found in compliance with the requirements and is therefore considered the lowest responsible bidder. ' This project is essential to provide needed sewer service to cornrnercial and residential properties located north of Foothill Boulevard. The Sunrise Ford car dealership has deposited their fair share with the City towards the construction of this sewer line. FISCAL IMPACT: Funds are available in the Sewer Fund (502), Program Number 53720 for this project. This project was originally budgeted and awarded to a contractor in FY 94/95 however, the contractor was unable to enter into a contract and the project was re~ bid. ,tern: CC-H LETTER OF TRANSMITTAL CITY OF FONTANA FILE: LOCUST AVEb~E SEWER EXTENSION CDD/ENGINEERING DIVISION PROJECT FROM 110' SOUTH OF 8353 SIERRAAVENUE FOOTHILL ELVD. TO 170' NORTH FONTI~NA, CA. 92335 OF FOOTHILL BLVD. (SB-72-94) TO: .RISK MANAGEMENT DATE: MARCH 21, 1996 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 distributign 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 Dro~ect on March 5, 1996. Attached are three (3) sets of original Construction Contracts for your signature. Certificates of insurance is attached to each set. Please call Extension 6659/6645 when si~ned. Copy to: Signed: ~~- B,c, AR VALLEY PAVIh, G Engineering Confracfors 4 1841 garstln Rd, P.O. Box 1588 Big Bear Lake, CA 923 15 Phone (909) 866-4746 FAX (909) 866-8452 February 13, 1996 !:':' 14' City of Fontana 8353 Sierra Avenue Fontana, California 92335 Attn: Yousuf Patanwala Associate Engineer Re: Locust Avenue Bid No. SB-72-94 "Request for Release of Bid Dated February 6, ].996. Gent 1 emen; Bear Valley PavinQ- is respectfully requesting to be released from the above referenced bid, submitted approx. 9am, Feb. 6, 1996. Bear Valley Paving is significantly 10',,7 on this kid d~Le to not adding correctly, the cost of boring to its bid along ~itb listing the appropriate sub contractor to do this ~fork. Bear Valley Pavin~ is a~are of this error in our bid and request your understanding. Please contact ' . d you have ~ny questions. ~ Pres. Bear Valley ~ aving **s TX REPORT TRANSMISSION 0K TX/RX NO 3308 CONNECTION TEL 912094951115 SUBADDRESS CONNECTION ID ST. TIME 02/01 15:18 USAGE T 02'00 PGS. 4 RESULT OK CITY OF F 0 FAX COMMUNICATIONS N FnoM FAX Nv~4sER: T (909) 350-6618 A N A PLEASE DELIVER THE FOLLO~rI~/G PAGES TO: LOCATION / PI-ION~: L..-i~ 14 'I'ILA4..JI"IlF---~i ~ ~o 7LM 4~|~ ~ 1',,3 E--.Tt,d ~ , TOTAL N~nsp~ O~ PAPa: ~ ~c ~ DAr~: 7-/ X/S (- , Tn~: r~ ,, 13 fM (n~cLu~n~o cov~ sSnT) IF YOU ~ NOT RE{:~IY~ ALL PAGZS, PIP, ASS C~! :I (909) '"' C~TY OF F: 0 FAX COMMUNICATIONS N FnoM FAX NvnBnn: T (909) 350-6618 A N A PLEASE DELIVER THE FOLLOWING PAGES TO: LOCATION/PI-IONE: (-~K/'IqL/k'CI'~IL~; '~fdFoft.-M-/~q'{~st3 NSC--TL,OlyC-£L- . LOCATION/PHONE: TOTALNtrt, mmOSPAGES: ~,4- (mC'LDDmG COvm~ store-r) IF YOU DO NOT I~CZlVF, ALL PAGES, PLEASE C.~T .T . (909) CITY OF FONTANA ENGINEERING DIVISION 8353 ,SIERRA AVZNtrE, FONTANA, CA 92335 PHONE NUMBER: (909) 350-7610 *** TX REPORT *** TRANSMISSION OK TX/RX NO 3080 CONNECTION TEL 912094951122 SUBADDRESS CONNECTION ID ST. TIME 01/09 11:19 USAGE T 02'01 PGS. 3 RESULT OK CITY OF F 0 FAX COMMUNICATIONS N FROM FAX NUMBER: T (909) 350-6618 A N A PLEASE DELIYER TIE FOlLOWING PAGF.~ TO: T~N~no~PAo~: ~fL D~: ~-~-q~ ~: ~', ~ ~ (~a~o co~ s~) ~ You m s~ E~ ~ ~A6~, ~mSZ ~r r (909) ~5 O - ~ ~'4 .f 1VIES/AGE,' ~-,~TY OF F 0 FAX COMMUNICATIONS Fno~f FAX NrJMBF~n: T (909) 350-6618 A N A PLEASE DELIVER T~ FO~O~NG PAG~ TO~ L~ON / ~o~: C ~ FROM: ~0~ (~ co~ ~ YOU ~ N~ ~ ~ PAGm, P~SE C~ (909) MESSAGE: 'rile ~ co: ~ ~ CITY OF FONTANA ENGII~EERPfG DIVISION 8353 .Snn~ A~, FO~ANA, CA 92335 PHONE N~En: (~) 350-7610 CITY OF FONTANA COI~,,;,JNITY DEVELOPMENT DEPARTI~Ii'F NOTICE INVITING SEALED BIDS ' FOR CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH 01" FOOTHILL BLVD. BID NO. SB-72-94 PUBLIC NOTICE IS HEREBY GIVEN that the City of Fontana, as CITY, invites sealed bids for the above stated project and will receive such bids in the offices of the City Clerk up to the hour of 2:00 P.M. on the 8th day of February, 1996, at which time they will be publicly opened and read aloud. The work of improvement consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications and Contract Documents for the above stated project. The general items of work to be done hereunder consist of installing a total of approximately 275' of 10" Extra Strengtlh Vitrified Clay Pipe (V.C.P.), removing and replacing street improvements as required for pipe installation, and all appurtenant related work. Approximately 95 ' of the 10" V.C.P. must be installed by the "open trenching" method, and the remaining 180' must be installed within a 21" Steel Pipe encasement by the "Dry Bore & Jacking" method. The project will require traffic control for temporary lane closures on Locust Avenue. Copies of Plans, Specifications, and Contract Documents are available from the Engineering Division of the Community Development Department of the City of Fontana, 8353 Sierra Avenue, Fontana, CA 92335 upon payment of a Twenty Five Dollar (~25.00) non-refundable fee (~30.00 if mailed). Proposals must be accompanied by a proposal guarantee in the form of cash, cashier's check, a certified check or bid bond available to the CITY in the amount of at least ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. A payment bond and a performance bond, each in an amount equal to 100 % of the total contract amount, shall be required concurrently with the execution of the contract and' shall be in the form set forth in the contract documents. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Government Code Section 12940. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. NB-1 The CITY hereby affirr ively ensures that minority busi' -s enterprises will be : afforded full opportunit'~o submit bids in response.to th;'~otice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. The contract documents call for monthly progress paymsnts based upon the engineer's estimate of the percentage of work completed. The CITY will retain 10 percent of each progress payment as security for completion of the balance of the work. At the request and expense of the successful bidder, the CITY will pay the amounts so retained upon compliance with the requirements of Public Contract Code Section 22300 and the provisions of the contract documents pertaining to Substitution of Securities. Bids must be prepared on the City provided proposal forms and completely filled out in conformance with the Instructions to Bidders and all proposal forms must be submitted in a sealed envelope plainly marked on the outside "SEALED BID FOR CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT, FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD. - DO NOT OPEN WITH REGULAR MAIL". The CITY reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of ninety five (95) days. At the time of contract award, the prime contractor shall possess a Class A contractor's license and/or any combination of Class "C" specialty contractors license(s) sufficient to perform the work. BY ORDER OF the City Council of the City of Fontana. Dated this 6th day of March, 1995. City of Fontana 8353 Sierra Avenue Fontana, CA 92335 (909) 350-7610 NB-2 City of Fontana CALIFORNIA January 5, 1996 Construction Express 35805 Mitchell Road Murrieta, CA 92562 RE: CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. to 170' NORTH OF FOOTHILL BLVD. SB-72-94 ADVERTISEMENT OF THE CITY OF FONTANA, CALIFORNIA PUBLIC WORKS CONTRACTS Gentlemen: Enclosed is/are 2 set(s) of plans and specifications for your advertisement. Project details are listed below. Should there be any questions, please call Yousuf Patanwala, P.E., Associate Engineer/Special Projects at (909) 350-6645. BID SUBMITTAL ESTIM/~TED PROJECT DUE DATE/TIME CONSTRUCTION COSTS Construction of Locust February 8, 1996 $116,000.00 Avenue Sewer Extension Project from 110' South of Foothill Blvd. to 170' North of Foothill Blvd. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yo~Paqanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE ,, FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 City of Fontana CALIFORNIA January 5, 1996 McGraw Hill Dodge 2150 Town Center Drive Ariahelm, CA 92806 RE: CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. to 170' NORTH OF FOOTHILL BLVD. SB-72-94 ADVERTISEMENT OF THE CITY OF FONTANA, CALIFORNIA PUBLIC WORKS CONTRACTS Gentlemen: Enclosed is/are 2 set(s) of plans and specifications for your advertisement. Project details are listed below. Should there be 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 Locust February 8, 1996 $116,000.00 Avenue Sewer Extension Project from 110' South of Foothill Blvd. to 170' North of Foothill Blvd. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects MAILING ADDR~=SS: P.O.BOX 518 8~153 SIERRA AVENUE · FONTANA, CALIFORNIA 92934-0518 · (909) 350-7600 PRINTED ON RSOYCLED PAPER City of Fontana CALIFORNIA January 5, 1996 Daily Construction Service P.O. Box 2757 E1 Segundo, CA 90245-2757 RE: CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSXON PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. to 170' NORTH OF FOOTHILL BLVD. SB-72-94 ADVERTISEMENT OF THE CITY OF FONTANA, CALIFORNIA PUBLIC WORKS CONTRACTS Gentlemen: Enclosed is/are 2 set(s) of plans and specifications for your advertisement. Project details are listed below. Should there be 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 Locust February 8, 1996 $116,000.00 Avenue Sewer Extension Project from 110' South of Foothill Blvd. to 170' North of Foothill Blvd. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division You~s!~anwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE .., FONTANA, CALIFORNIA 92334-0518., (909) 350-7900 PRINTED ON ~ECYCLED PAPER City of Fontana CALIFORNIA January 5, 1996 F.W. Dodge 202 E. Airport Drive #190 San Bernardino, CA 92408 RE: CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. to 170' NORTH OF FOOTHILL BLVD. SB-72-94 ADVERTISEMENT OF THE CITY OF FONTANA, CALIFORNIA PUBLIC WORKS CONTRACTS Gentlemen: Enclosed is/are 2 set(s) of plans and specifications for your advertisement. Project details are listed below. Should there be 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 Locust February 8, 1996 $116,000.00 Avenue Sewer Extension Project from 110' South of Foothill Blvd. to 170' North of Foothill Blvd. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Yousuf Patanwala, P.E. AsSociate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 PRINTED ON RECYCLED PAPER DAVID R, ESHLEMAN KATHY MONTOYA MAYOR CITY CLERK CARL B. COLEMAN, JR, DR. CHARLES A, KOEHLER MA oRPRoTEM City of Fontana c. ,TRE,suRBR NANCY HOOPER COUNCIL MEMBER JOHN B. ROBERTS C A L I F C) P~ N [ A GREGOBYC, DEVEREAUX COUNCIL MEMBER CIW MANAGER BEATRICE WATSON COUNCIL MEMBER Trautwein Construction 14046 Santa Ana Avenue Fontaria, CA 92337 Dear Sirs: Please find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontana. On December 1[9, 1995 the Fontana City Council rejected all previously received proposals and authorized staff to readvertise for bids on this project. The City is most appreciative of your interest in bidding on this project. If you should have any further questions, please contact Yousuf Patanwala in the Engineering Division of the City of Fontana at (909) 350-6645. Sincerely, Lmita S. Nunn, CMC Deputy City Clerk /lsn enclosure cc: Yousuf Patanwala, Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 PRINTED ON RECYCLED PAPER DAVID R. FSHLEMAN KATHY'MONTOYA MAYOR CiTY CLERK CARL B. COLEMAN, JR. DR, CHARLES A. KOEHLER MA o. PRoTEM City Of Font:ana C,TYTRE,suRER NANCY HODPER COUNCIL MEMBER JOHN B. ROBERTS C A L I F C) R ]',4 I A GREGORY C. DEVEREAUX COUNCIL MEMBER CITY MANAGER BEATRICE WATSON COUNCIL MEMBER _ January 2, 1996 R & L Sewers 8815 E. Somerset Blvd. Paramount, Ca 90723 Dear Sirs: Hease find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontana. On December 19, 1995 the Fontaria City Council rejected all previously received proposals and authorized staff to readvertise for bids on this project. The City is most appreciative of your interest in bidding on this prqiect. If you should have any further questions, please contact Yousuf Patanwala in the Engineering Division of the City of Fontaria at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk /lsn enclosure cc: Yousuf Patanwala, Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (908) 350-7600 pRrNTED ON RECYCLED pAPER DAVID R. ESHLEMAN ~-{ KATHY MONTOYA MAYOR t y CITY CLERK CARL B. COLEMAN, JR. i'(~ . DR. CHARLES A. KOEHLER MAYo. RBoTEM Of Fontana C,, B A uRER NANCY HOOPER COUNCIL MEMBER 2 C A L I F O R N [ A GREGORY C. DEVEREAUX JOHN B. ROBERTS (~ CITY MANAGER COUNCIL MEMBER BEATRICE WATSON N COUNCIL MEMBER January 2, 1996 Ivanko 1416 Avertida Entrada San Dimas, CA 91773 Dear Sirs: Please find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontana. On December 19, 1995 the Fontaria City Council rejected all previously received proposals and authorized staff to readvertise for bids on this project. The City is most appreciative of your interest in bidding on this project. If you should have any further questions, please contact Yousuf Patanwala in the Engineering DMsion of the City of Fontana at (909) 350-6645. Sincerely, c ~i ~ rl6 [c,.5~ ~ 6 C ~ Linda S. Nunn, CMC Deputy City Clerk /lsn enclosure cc: Yousuf Patanwala, Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 pRiNTED ON RECYCLED PAPER City f "' DAVID R. ESHLEMAN ~ ~ KATHY MONTOYA CARL B. COLEMAN, JR. V~j~ ~ MAYOR PRO TEM jc~ ,-- ~.%~ DR. CHARLES A. KOEHLER NANcy .OO.ER O F O YI t a 11 ~t c,~ TREAB.RER JOHN B, ROBERTS C A. L I F (22) R N I A GREGORY C, DEVEREAUX BEATRIOE WATSON COUNCIL MEMBER *' ~ ~ J'anuary 2, 1996 Grabavac Construction, Inc. 10519 Freer Street Temple City, Ca 91780 Dear Sirs: Please find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontaria. On Deeember 19, 1995 the Fontaria City Council rejected all previously received proposals and authorized staff to readvertise for bids on this project. The City is most appreciative of your interest in bidding on this project. If you should have any further questions, please contact Yousuf Patanwala in the Engineering Division of the City of Fontaria at (909) 350-6645. Linda S. Nunn, CMC Deputy City Clerk /isn enclosure cc: Yousuf Patanwala, Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 * (909) 350-7600 pRINTED ON RECYCLED PAPER City f F DAVID R. ESHLEMAN ~ KATHY MONTOYA MAYOR ,~ CITY CLERK CARL B. COLEMAN, JR. ~-~'~7 ""'-- "',.~;. ~ DR. CHARLES A, KOEHLER MAYOR PRO TEM ~ NANCY HOO~E. , 0 0 11 t a 11 a CiTY ~.EAEUREB COUNCIL MEMBER ~// ,.'n ' C A L I F O R N I A GREGORY C. DEVEREAUX JOHN B. ROBERTS COUNCIL MEMBER CITY MANAGER BEATRICE WATSON ' ~% COUNCIL MEMBER ~ January 2, 1996 Rainier Construction Co. Inc. 32295-B Mission Trail ~64 Lake Elsinore, Ca 92530 Dear Sirs: Please find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontaria. On December 1.9, 1995 the Fontana City Council rejected all previously received proposals and authorized staff to readvertise for bids on this project. The City is most appreciative of your interest in bidding on this project. If you should have any further questions, please contact Yousuf Patanwala in the Engineering Division of the City of Fontana at (909) 350-6645. Sincerely, hnda S. Nunn, CMC Deputy City Clerk /lsn enclosure cc: Yousuf Patanwala, Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 PRINTED ON RECYCLED pAPER City of FoTtana DAVID R. ESHLEMAN KATHY MONTOYA MAYOR CITY CLERK CARL B. COLEMAN, JR. DR. CHARLES A. KOEHLER MAYOR PRO TI~M CiTY TREASURER NANCY HODPER COUNCIL MEMBER JOHN B. ROBERTS C A L I F 0 R N I A GREGORY C. DEVEREAUX COUNCIL MEMBER CITY MANAGER BEATRICE WATSON COUNCIL MEMBER Januar~ 2, 1996 Zaich Construction, Inc. 10135 Wystone Ave. Northridge, CA 91324 Dear Sirs: Please find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontana. On December 19, 1995 the Fontana City Council rejected all previously received proposals and authorized staff to readvertise for bids on this project. The City is most appreciative of your interest in bidding on this project. if you should have any further questions, please contact Yousuf Pamwala in the Engineering Division of the City of Fontana at (909) 350-6645. Sincerely, Linda S. Nunn, CMC Deputy City Clerk /lsn enclosure co: Yousuf Patanwala, Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (989) 350-7600 pRINTED ON RECYCLED pApER DAVID R. ESHLEMAN KATHY MONTOYA MAYOR CITY CLERK CARL B. COLEMAN, JR. DR. CHARLES A. KOEHLER MA oRPRoTEM City f F c,,, TREAsuRER NA.ov HOOPER . O O rl t a rl a COUNCIL MEMBER JOHN B. ROBEBTS ~ C A L I F (D P,, N I A GBEGORY C. DEVEREAUX COUNCIL MEMBER CITY MANAGER BEATRICE WATSON COUNCIL MEMBER January 2, 1996 Castillo Constructors P.O. Box 728 Agourn Hills, CA 91376-0728 Dear Sirs: Pleas~ find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontana. On December 19, 1995 the Fontana City Council rejected your proposal and all previously received bids and authorized staff to readvertise for bids on this project. The City is most appreciative of your interest in bidding on this project. If you should have any further questions, please contact Yousuf Patanwala in the Engineering Division of the City of Fontana at (909) 350-6645. Sincerely, - Linda S. Nunn, CMC Deputy City Clerk /lsn enclosure ce: Yousuf Patanwala, Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE · FONTANA, CALIFORNIA 92334-0518 · (909) 350-7600 pRINTED ON RECYCLED PAPER DAV,DR. ESHLEMAN City f F KATH MONTO A MAYOR CITY CLERK CARL B. COLEMAN. JR. DR. CHARLES A. KOEHLER MAYOR PRO TEM ~ CITY TREASURER . o ontana NANCY HOOPER ~ COUNCIL MEMBER JOHN B. ROBERTS ,~ C A L I F O R N I A GREGORY C. DEVEREAUX COUNCIL MEMBER Cl~ MANAGER BEATRICE WATSON COUNCIL MEMBER January 2, 1996 Albert W. Davies, Inc. 8737 Helms Ave. Rancho Cucamonga, CA 91730 Dear Sirs: Please find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill BIrd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontana. On December 19, 1995 the Fontana City Counc'd rejected all previously rec(tved proposals and authorized staff to readvertise for bids on this project. The City is most appreciative of your interest in bidding on this prqiect. If you should have any further questions, please contact Yousuf Patanwala in the Engineering Division of the City of Fontaria at (909) 350-6645. in ere , Linda S. Nunn, CMC Deputy City Clerk /lsn enclosure cc: Yousuf Patanwala, Engineering MAILING ADDRESS: P,O.BOX 518 8353 SIERRA AVENUE '* FONTANA, CALIFORNIA 92334-0518 ° (909) 350-7600 pRINTED ON RECYCLED PAPER MAYOR ,,,~'~'~· CITY CLERK CARL B. COLEMAN, JR. DR, CHARLES A. KOEHLER MAYoR FRo Of FO C, TREASURER ' ntana NANCY ROODER ~ COUNCIL MEMBEB JOHN S. ROBERTS C A L I F O R N I A GREGORY G. DEVEREAUX COUNCIL MEMBER CiTY MANAGER BEATRICE WATSON ~" ~ COUNCIL MEMBER _ lanuary 2, 1996 S.J. Burkhardt, Inc. 6157 Marlatt Street Mira Loma, CA 91752 Dear Sirs: Please find enclosed your Bid Bond submitted on April 13, 1995, for "Construction of Locust Avenue Sewer Extension Project from 110' South of Foothill Blvd., to 170' North of Foothill Blvd., Bid No. SB-72-94" in the City of Fontana. On December 19, 1995 the Fontana City Council rejected all previously received proposals and authorized staff to re, advertise for bids on this project. The City is most appreciative of your interest in bidding on this project. If you should have any further questions, please contact Yousuf Patanwala in the Engineering Division of the City of Fontana at (909) 350-6645. Sincerely, L d in a S. Nunn, CMC Deputy City Clerk /lsn enclosure cc: Yousuf Patanwala, Engineering MAILING ADDRESS: P.O.BOX 518 8353 SIERRA AVENUE * FONTANA, CALIFORNIA 92334-0518 ° (909) 350'7600 pRINTED ON RECYCLED PAPER MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: LINDA NUNN DEPUTY CITY CLERK ASSOCIATE ENGINEER/SPECIAL PROJECTS SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD.-SB-72-94 CONTRACT DOCUMENTS DATE: DECEMBER 20, 1995 Enclosed you will find the nine original bid documents that were submitted for this project. On December 19, 1995, the City Council repealed the City Council motion made on May 16~ 1995 to accept a bid by Castillo Constructors in the amount of $96,900 and reject all previously received bids for this project; and authorize staff to readvertise for bids for construction of the Locust Avenue Sewer Extension Project. Please in your letter to bidders inform them that City Council has rejected all bids and this project will be readvertised for bid. If you have any questions, please call me at (909) 350-6645. cc: Principal Civil Engineer/Special Projects *** TX REPORT TRANSMISSION OK TX/RX NO 3304 CONNECTION TEL 918183498441 SUBADDRESS CONNECTION ID ST. TIME 02/01 00:40 USAGE T 01 ' 22 PGS. 2 RESULT OK CiTY OF F tIALlltOIlll& FAX COMMUNICATIONS N FROM FAX NUMBER: T (909) 350-6618 A N ~LEASE DEL/VEIt Tile FOLLOWING PAGES TO; ~ FACSIM!I.,F TRANSMISSION ~.: I P--12 - 9-Y Number ot I~es ~ be tr~lsm~ed ;~-~d~lg ~ef a~eet: ~/ , °~"' 10/12/1995 1G". 55 5993803 IVANKO INC To; City of Fonteta 8353 Sfera Avenue Fontana,CA9235 RE; Locust Avenue Sewer Extention Project From llO~South of Foothill Blvd, Tol70'North of Foothill Blvd. Bid No. SB-72-9& Vasilj Inc, Construction campany will exept offer to complited this project as oriSional bid required and ~or ours origional Price of $103,544.00 One hundred three thousand five hundred four~y four dollars &no cants. Bid Date of This project was April-13-1995 SincefilM Yours. Iva VaeilJ/ For VASILJ INC~ R. ], L. SEWERS, INC. I' 8815E, SOMERSETBLVD. NOV J PARAMOUNT. CA 90723 OFFICE (310) 531-8335 FAX: (~JO) 5,31-6132 TO: City of Fontana Nove~er ~, ~ees - Fontana, CA 92335 ATTN: Yousuf Patanwala Associate Engineer Co~u~ity Development Department Dear Yousuf: As per your request, R & L Sewer would be interested in doing the Locust Avenue Sewer Extension. However, this job was originally bid in April and all prices have gone up for some reason. The boring company wants $250.00 per foot. Also, as you can see, it does not include for any rock in soil. R & L Sewer has to provide 10" V.C.P. at $11.33 + tax of $.88, totaling $12.21. Plus dig & shore & bore pit, haul off spoil, compact bore pit & receiving, pave the pits. This price would be $396.56 per foot, instead of $262.29. R & L Sewer had a price of $165.00 per L.F. when bid. And Coast Boring can not do the job now. Also, the price for traffic control would have to be $18,546.73 instead of $13,648.20. R & L Sewers price, at this time would have to be a total of $131,527.53. SOUTH COAST BORING PoO.BOX 5B13 HUNTINGTON BEACH, CALIF. 92615 (714) 53~-6348 APRIL 1.2, 1995 PROPOSAL CONTRACTOR: JOB LOCATION: LOCUST AVE. FONTANA, CALIF. SOUTH COAST BORING WILL !N-qTALI, BY BORING APPROXIt. IATELY 180 FEET OF 30 INCH BY 1/2 INCH WALL STEEL CASING FOR THE PI%ICE OF $1~5.00 PE~ LINEAL FOOT. THIS PRICE INCLUDES F~NISH AND INSTALL THE CASING, SKID CONT~CTOR SUPPLIED CARRIER PIPE WITH REDWOOD SKIDS AND INSTALL INSIDE CASING, BACKFILL THE ANNU~R STYACE BY BLOWING ROCK~)US'I' AND GROUT THE O.D. AS REQUIRED. CONTRACTOR OR OTHERS S~[ALL PLUC ENDS OF CASING AS REQUIRED. CONT~CTOR OR OTHERS SHALL DIG, BARRICADE, PROTECT ~ROM STORM, SHORE, DEWATER, AND G~DE BO~E PIT TO 2/10 PLUS OR MINUS FROM GRADE, FURNISH LADDERS, REMOVE SPOIL AFTER IT IS REHOVED FRO14 BORE PIT, FURNISH T~FFIC CONTROL, FURNISH DEWATER'~NG, LOCATE EXISTING SUBSTRUCTURR~ AND ]~IP~LINES. SOUTH COAST BORING WIT,T, BE fIELD HAR~dT,ES~ F[~Ol4 ALL DA~4AGES~ OF A~Y KI~, CAUSED BY CONTF~CTORSr ENGINEERS, O~ OWtIERS FAIt,U~IE TO PROP[~RLY LOCATE SUCH SUBSTRUCT~E$ OR PIPELINES. CONTRACTOR OR OTHERS SH~.LL SU~gLY ALL PEF24IT$, ENGINNERN~G COSTS, INSPECTYOH COSTS, OR ~.NY SPECIAl, INBU~AN*CE. EO[)TH COAST BOEING WILL FI~RN~SH $1 ~ 000 ~ 000 · 00 GEN[~;[~AL LIAI~/LITY i~SURA1]CE. EONTRAC, TOR OR OTHERS SUA[,L I~UPPLY I,TNE S'PAKES AT I~IIE Fi<~JHT AND REAR OF .. -BORE PiT AI~D FLOWLI[IE STARVES IN THE BOTTOI.I OF BORE PiT. CONTRACTOR i'ROVIOE 12 l~CHl'J8 [)F C~!U~HIFD ROCK !N SO'ETCH OF BCIRE PI'L' iF WATER THIS PRICE I8 I~ASE~) ON BORFABI,F, COI'II)ITIONS, IF ROCK OR ANY OTHER · BOREAB[,E HATERIAT, OR EXCE~]TVE AMr)I.B~TS OF WATER ~RiF EN~"OUNTERED ADD/- T[ONAL'CHA]{GES WILl, 13E r",~ A T~IIE A}~I) I,{ATER!AL BAS[B. IF ANY BACKCHARGz~:S - ARE 1NCURRED BY SOUIH COAST BOE1NG THEY SHALL BE SIGNED FO~ AT THE TiI4E OF OCCURRENCE ON THE JO~JSITE BY OUR FORE~N. PA'R, IENT SHALL BE ~{~DE 1N PU[,T, W.ETf[LN 30 DAYS OF THai BTLLI~G DATE OR SOO~;ER WITH NO RETENTION HFI~D. S[{OULD LEGAL [~T'I'D:RS ~R;FSE IN RFGARDS TO PA~4E~IT, SOUTH COAST BORING W1LL BE ENT].TL~{D TO RECOV]ER COURT COSTS AND LEGAL FEES. SOUTH COAST BORING'S STAND-BY/~.BO~. & EQUIPMENT RATE IS $350.00 PER HOUR. ANYTHING ~{}T MENTIONED IN '~'HIS Pi<Oi'OSAL WIbL b~eT BI.; FURNISHEl) OR SUI~PL1ED BY SOUTH COAST BO~!NG. ACCEPTED FOR BY ............ DATE SOUTH COAST BORING LICENSE NO. 495295 BY Furnish & bore 180' x 30" × 1/2" c~sing; pro.~g',n'~ cJrou'b oul:s:i. de of casifig; furnish & install rq~dwood skid~z; :Curnisll 'labor' & equi~,menh ~7o push ~0" VCP; and furnish labout ~,,]u i~me:lt & m,'lt:~r'jal, i;o kl(W sand iDside aDnu].ar Abovo pr~ue ~s s~&~ed. $e~ No~e 14~ So~ Cr~nd:L[':{.'j)n~ below, Customer to furnish a, ccef:.s for for equipment, material ,~'~ furnish & hast '}0" VCP; back{]i ~} a compac{. Customer agree~ excavaL~d for U.S.A. (l:,oyc~ [-~{I, m,t=~ entire 'l~.=~l,3',.l~ of Ay~z~l&'s bore), t~c, tho!e all utiljtles in the Area 0F '*',~ b,'~re pit :,m] Lh~. entire leugbh uf [,.]~r.~ bore, and provj. dc AVa]a wilt [to iXi,[i A]r>rl. q'i~'l<i~t NO. ['u':'],.~L' to boring. Stand-by rate , 4.. , AYAI,A J!I.)P, fN{.; r:'; C}~i,I'~'[I.'I I;ll 1.00:~, }41;tE/!)lfi;: .'~ * * 18/27/i'=J95 11:82 9897355248 CAbION COATING' CO PAGE PROPOSAL AND CONTRACT CANON COATING COMPANY SPECIALIZING IN: (;ENERAL ENGINEERING coN'rP~crron *COMPLETE TRAFFIC SEE vICES 8(.le Llc~)ns.~ # 408181~ Class A *LINE STRIPING 1830 FIfth St. I P.O. BOX 399 *BUMPER.~ Norco, CA S1760 *ASPHALT REPAIRS Phone: (909) 735-4119 *TRAFFIC CONTROL Fax: (909) 735-5240 , *SIGNS & PO,.,,cTS TO: ESTIMATOR DATE: i:._~Ol~,/~ff,,~ JOB SITE: LOCUST AVE SEWER EXTENSION I FONTANA, CA L ....... h~' PI~OPOSE TO PROI/~ITF. LABOR & MA IfRIAL TO COiIIPLETE 77tE F()LLOI. FING SCOPE OF IFORK 1, Provide & install, on 2" square galv,'/nizcd posts,(3 I) ndvanccd warning signs $5.172.00 2, Provid~ & illstall on posts, for dttratiol~ of project: A. (6) special Detoar signs @ $263.00/EA, $1,390.00 3. Provide:, on daily rental basis, the following: . A. (8) Typ~ HI' Barricades w/lights & signs @ $3.30/EA. B, (1.) Type l Barricade w/lightS &S[gn ~ $2,0(I/EA..-'-' C. (16) Type Ill Barricades w/lights ~ $2.30/EA D. (3) Flashing arrow Iratiers @ $7S.00FEA: E, (33) Delineators w/bases @ $.35/~A. t4. Delivery & set-up is $100.00, take down & pick up is $100,00. 5. provide & install (745) LF. of letup. aluminum 4" yellow tap~ & (l) tcmp type Vii (LT) arrow. $600.00 6. Deductive alterants: install all sign~ referred to in #1 above on sign stands vice post, on daily rental basis Of $2.00/EA / 7. Traffic conlrol maintenance is $7S/Trip plus material if required. ..~/..~ / PLEASE REFER TO THE FOLLOWING PAGE FOR NOTES AND CONDITIONS THAT AFFECT THIS QUOI'E. 18/27/1995 11:82 9897355248 CANOH COATZNG CO P~GE 82 pROPOSAL AND CONTRACT CANON COATING COMPANY SPECIALIZING IN: CENERAL ENGINEERIN6 CONTRACTOR 'COMPLETE TIt4FFIC ,~ERVICES Slate Lktm¢ it 405188 CI~! A 'LINE STRIPING 1830 Fifth St. I P,O. BOX 399 *BUMPEI~ Norco, CA 91760 *ASPtlALTREPA1RS Phone: (909) 73~-4119 "TRAFFIC CONTROL Fax: (909) 735-5240 *SIGNS &POSTS' L Notes and Conditions:....'_ .." ~ * Q~ote based on: Traffic control plans date~l 1/05/95 * Mobilization to be defined as one day's work or pariial day's work if less than 8 hours and includes one truck and crew. * The following mobilizations are included in this quote: ( 1 ) Layout and line striping, curb painting, other surface painting, no surface preparation or cleaning included if not noted above. ( ) Removal of pavement markings by either grinding or sandblasting or both if required. ( ) Cleaning and surface preparation by sweeping or air blowing/water washing prior to seal coating. ( ) Seal coati~;g pavement surface based on cuatomcr's requirements ¢o mi:fimize inconvenience. ( ) Crack sealing of existing pavement. ( ) Asphalt repairs. paving, and/or demolition and removal. ( 1 ) Sign~ barricade or guardrail[ installation, removal, or repair. ( ) Installation or replacement of wheel stops. (2) Traffic Control, including set up and tear down, if inolnded in proposal but not including maintenance if required. Traffic control maintenance will be a separate item, * Quote based on a total of( 4 ) mobiliz~ttions. Additional trips beyond Canon Coating's control will be at extra cha~ge, * Should field Count va~ from quanlities eatinhaled, unit prices and field ¢ouut shall determine invoice areaurn, * Quote IS based on prevailing wage. * Customer to k~p work area free of traffic and/or materials during process of work * Traffic control for proposed work IS incloded in quoted price, * (85%) nxaterials purchased for this project to be supplied by: Ms Distributing WBE , a CallFans certified DBE, WBE material supplier, Certificate No. CT-0~0875. Total esthnated amount of malerial to be used: $4,500.00 . This bid includes 9B}Y those items liste. d above. Any ad/lilioual work will require an approved change order aud wjfl be an add to conthief at customer's expense. * If you dou't find a certain item inch:ded in this quote, please call us, it is our desire to offer our customers the services you wish performed as well as alternate options. * Work quoted in this proposal will not commence prior to receipt oft signed, approved cop)' of this proposal/contract. SUBMITrED BY: ~ V.t~, Pd.~ ACCEPTED BY: P.O. # EILtC VAN PELT, Eatlama:or ....... '. DJ~TE Page 2 of 2 V RECORD OF TELEPHONE CONVERSATION Proiect No. Individual L ~ Title Phone No. ( ) ITBMS DISCUSSED COMMENTS OR ACTICN REQUIRED RECORD OF TELEPHONE CONVERSATION Project No. ITEMS DISCUSSED COMMENTS OR ACTION FIEQIJIRED RECORD OF TELEPHONE CONVERSATION COMMENTS OR ACTION REQUIRED Wllly-Filil Form 4-7 :":~. RECORD OF TELEPHC)NE CONVERSATION Organization ~V-~I~,~'"~O Location ITEMS DISCUSSED COMMENTS OR ACTION REQUIRED *** TX REPORT TRANSMISSION OK TX/RX NO 2207 CONNECTION TEL 95993003 SUBADDRESS CONNECTION ID ST. TIME 09/25 09:52 USAGE T 11'07 PGS. 22 RESULT OK CITY OF F O FAX COMMUNICATIONSN FRoM FAX NUMSER: T (909) 350-6618 A A PLEASE DELIVER THE FOLLOVIING PAGES TO: NAMll; '~Vt~ ~td~r'I LI T~N~no~PA~5: }~-~ D~: ~-~'~( T~: ~'.~. (~o c0~ s~) ~ you w ~OT U~ ~ PAeSS, ~S C~ (909) ~ ~ - ~ ~ ~ ~ CITY OF F 0 FAX COMMUNICATIONS FROM FAX NUMBER: T (909) 330-6618 A N A PEASE DELIVER TIlE FOLLOWING PAGES (~ co~ s~) ~ roy ~ ~o7 ~ ~ PAeSS, P~S~ C~ (909) ~HE ~ cc: "~ ~ CITY OF FONTANA Esom~tal~qa Dxvlslos ~ ~ 8353 .S~ A~, FO~ANA, CA 92335 Pao~E N~Ea: (~9) 350-7610 BECOeD OF TELEPHONE CONVERSATION Pro/ectTide ~Y A~{- ~ ~ Individual T]tle OrganlzationV~tLT/~c- r~ TV~ L~ation IHIG A~L~;a~ ~4~J~ r~s ITEMS DISCUSSED Wlley-Fidg Form 4.-7 MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: BOB GRAHAM RISK MANAGEMENTY 0 FROM: YOUSUF PATANWALA, P.E., ASSOCIATE ENGINEER/SPECIAL PROJEC SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT 110' SOUTH OF FOOTHILL BLVD. TO 17C~' NORTH OF FOOTHILL BLVD. (SB-72-94) CONSTRUCTION CONTRACTS DATE: SEPTEMBER 5, 1995 Enclosed are three sets of original Construction Contracts for the above stated construction project for your review and signature. The Contractor's insurance agent initially signed the City's provided insurance endorsement forms. Later in the follow up process for providing corrected insurance certificates and automobile endorsement forms, the insurance agent raised concerns towards the legality of the language in the City's insurance endorsement forms. The matter was than referred to the BB & K's attorney Mr. Michael T. Riddell for legal advise. The City attorney's office in a letter dated August 10, 1995 authorized acceptance of the substitute endorsement forms as suggested by the contractor's insurance agent. The City attorney's office is still in the process of reviewing the City's current Standard Insurance Endorsement forms. Both sets of endorsement forms are currently placed within the construction contract documents . Please advise if anything needs to be done differently. Enclosure: Copy of B,B&K's letter dated August 10, 1995 August 10, 1995 Gregory J. Bucknell, P.E. Principal CM1 Engineer VIA TELEFAX Special Projects/Engineering Section (909) 350-6618 Crrv or Forq~a~ 8353 Sierra Avenue P.O. Box 518 Fontann, CA 92334-0518 Re: Locust Avenue Sewer Project and Citrus Avenue Storm Drain Project, Insurance Endorsement Forms Dear Greg: Having reviewed the revisions to the form of insurance endorsement for the Citrus Avenue Storm Drain Project and also the insurer's proposed form of endorsement for the Locust Avenue Sewer Project, it appears to me that both of these provide the bulk of the protection that the City needs. Therefore, in order to get both of these projects moving, I would suggest that the City accept both proposed forms of endorsement, as . suggested by these contractors. I am comfortable with the protection that both of these will provide. Most intriguing are the objections raised by the insurance agent on the Locust Avenue Sewer Project, as expressed in his letter to Yonsef Patanwala dated July 29, 1995. Apparently the underwriters have convinced him that the C, ity's standard form of endorsement does not comply with law and simply cannot be provided. This is most interesting in view of the fact that the City's standard form of endorsement duplicates almost precisely the form recommended by a commercial insurance advisor for use by public entities. What I would like to do is locate that form and send it to the insurance agent for MTR278409 BEST, BEST & KRIEGF_,,w.7 '~ Gregory J. Bucknell, RE. City of Fontana August 10, 1995 Page 2 his examination and to let us know exactly what provisions are illegal or unavailable in the insurance business. I note, for example, that his letter states that it is illegal to contract away one's sole negligence. However, I fail to see where either the City's insurance endorsement or the language of the contract attempts to do that. In order to get to the bottom of this, it may take a little time. Therefore, instead of waiting for that result, I would recommend that the City simply accept the insurance endorsements proposed for both of these projects. I believe that both provide substantially the same protection as the City's standard form of endorsement. Sincerely yours, Michael T. Riddell of BEST, BEST & ~LRIEGER MTR/cah cc: Gregory Devereaux Robert W. Weddle Clark H. Alsop Stephen P. Deitsch MTR278409 MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEP~RTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: KEN HUNT, GENERAL SERVICES MANAGER FROM: YOUSUF PATANWALA, P.E., ASSOCIATE ENGINEER/SPECIAL PROJECTS~ SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH FOOTHILL BLVD. (SB-72-94) VERIFICATION OF CONTRACT PERFORMANCE AND PAYMENT BOND DATE: AUGUST 28, 1995 Enclosed are copies of the Contract Performance and Payment Bonds submitted on behalf of Castillo Constructors, received for the construction of the above referenced project. Please review and verify by written response, whether the Bonds submitted are from an acceptable Surety Company.. cc: Sidd Lambert w/attachments ' CITY OF FONTANA BOND f S-400 6 5 CONTRACT PERFORMANCE BOND PREttiLY: $2,423.. (CALIFORNIA PUBLIG ~D_BK) EXECO'I.'~D IN I'P. IPLICATE FOR CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD. BID NO. SB-72-94 kNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Fontana (sometimes referred to hereinafter as "Obligee") has awarded to CASTTLLO CONS~gCTORS (hereinafter designated as the "Contractor"), an agreement for the work described as follows: Installation of the LOCUST AVENUE SEWER EXTENSION PROJECT. The general items of work to be done hereunder consist of installing approximately 1 of 10" Extra Strength Vitrified Clay Pipe (V.C.P.) within a 21" Steel Pipe encasement by boring and jacking, installing approximately 96' of 10" Extra Strength V.C.P. by open trench, removing and replacing street improvements as required for pipe installation, and all appurtenant related work (hereinafter referred to as the "Public Work"); and in that certain contract for the said Public Work dated , (hereina~er referred to as the "COntract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, ~T~L~ CONS~CTORS , the undersigned Contractor, as Principal, and , ~ASHINGTON I~'I'~ATIO~ INS~CE CO~ , a corporation organized and existing under the laws of the State Of~ZONA , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Fontana in the sum of ~ STX ~OUS~ N~ ~ DOL~S ~ NO/100 Dollars (~ $96,900.00 ..... ), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which amount well and truly to be made, we bind o~rselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounden Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided,. (Page 1 of 4) CA-~ on his or its part, to be kept and performed 'at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications, No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, 'whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee's reasonable attornay's fees incurred, with or without suit, in addition to the above sum, IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~fa day of 3t~I~ , 19 95. PRINCIPAL/CONTRACTOR: CASTILLO CONSTRUCTORS SURETY: t~ASIEN °f A~tt~ y.~f~n~. By~ Atto r (Page 2 of 4) CA-5 The rate of premium on this bond is $25.00 per thousand. 'The total amount of premium charged: $2,423.00 (The above .must be filled in by .... corporate surety). IMPORTANT: Surety companies executing bonds must possess a Certificate of Authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THI~ LS ,~ REQUIRFD FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) WASHINGTON II~RNATI,ONAL INS[~,~TCE C0)~2~ 1930 THORF, AU DRIVE, SUITE 101 SL~AII~iB[PRG, IL 60173 QUIGLE~ INS[FI~CE SERVICES, INC, (Name and Address of Agent or Representative for service of process in California if different from above) 23455 V~.Dm{O, SINEWS A t4ISSION VIEJO, CA 92691 (Telephone Number and Fax Number (708) 490-1850 / (708) 519-4633 of Surety and agent or Representative for service of process in California) (714) 470-0011 / (714) 470-0699 (Page 3 of 4) CA-6 STATE OF CALIFORNIA } SS. COUNTY OF ORANGE On 3]JNE 9, 1995 ,before me, -I~, TREDINNICK, NOTARY PIJBLIC PERSONALLY APPEARED MICHAEL A. OUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(los), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~.,'~-~ Signature ~,/d~9/f/~//~f~ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying en the document and could prevent fraudulent reattachment of thia form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'FrACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Trn, EIS) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I'FORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE m-,is~ i~. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY ~.NOW ALL 8Y THESE PRESENTS; That the Washington international Insurance Comapny. a corporation organized and existing under the laws of the State of Arizona. and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN 8LUME, JENNIFER JOHNSTON, MICHAEL .4. QUIGLEY AND DVVIGHT REILLY EACH IN THEIR' SE. nARA TE CAPA CITY s true and lawful attorneyIsi-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, ~.cognizances, contracts of indemnity and other writings obllgatory in the nature thereof. which are or may be allowed. required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument{s) in pursuance of these presents, -hall be as binding upon the said Washington International Insurance Company as fully and amply. to all intents and purposes, as if the sine has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2.000,000.00 for any single obligation. his Power of Attorney is issued 13ursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July .~, 1980 and October 21,1986 which read, in par~. as follows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attomeys-ln- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. and to appoint Special Attorneys-in-~act, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fa,;t or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary. Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, carcificate, bond or undertaking relating thereto. by facsimile. Any such Power cf Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shaft be valid and binding upon the Company. 'N TI~STIMONY WHERE?..~.~._.t~..,~ hington International Insurance Company has caused this instrument to be signed and its corporate ea, ,o be a,,ixed,his 2nd day o, November. 1994. /_.'._**""'~/%/J/c/~.C.'~.L.%f/V. ASH)NGTON INTERNATIONAL INSU~NCE COMPANY /CORPOR TE / COUN~ OF COOK ~ ' . )n this 2nd ~ay of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, ~eing by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; ~~~ . ' ' ' , the day and year first above written. CHRISTINE ZARETSKY ~ '~ ' tl-tary Pub[~c, State of Illinois ~ ~in~ ITATE OF ILLINOISI :OUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY ha~the foregoing and a~tached POWER OF ATTORNEY remains in full force and has not be~, revoked, and furthermore that Article ~ection 5 of ~he By-Laws of the Corporation, and the Resolution of ~he Board of DirectOrs. set forth in the Power of Attorney, are now in force. Signed and seaJed in the County of Cook. Dated he 9~ day of ~ , ]9 9~. Lewis M. Moeller, Secretary BOND # S-400 6035 PREMI[~I INCLUDED ON PERFORMANCE BOND ,~;XECWrED IN TRIPLICATE' CITY OF FONTANA PAYMENT BOND (CALIFORNIA PUBLIC WORK) FOR CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJEOT FROM 110' SOUTH OF FOOTHILL BLVD, TO 170' NORTH OF FOOTHILL BLVD. BID NO. SB-72-94 KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Fontaria (sometimes referred to hereinafter as "Obligee") has awarded to CASTI~.LO CONSTRUCTORS (heroinafter designated as the "Contractor"), an agreement dated zf-(/KJ-x-Z-/~/~5', described as follows: Installation of the LOCUST AVENIjIE SEWER EXTENSION ' PROJECT. The general items of work to be done hereunder consist of installing approximately 180' of 10" Extra Strength Vitrified Clay Pipe (V.C.P.) within a 21" Steel Pipe encasement by boring and jacking, installing approximately 96' of 10' Extra Strength V.C.P. by open trench, removing and replacing street improvements as required for pipe installation, and all appurtenant 'related work (heroinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, CASTTLLO CONSTRUCTORS , the undersigned Contractor, as Principal; and ~ASBINGTON INT~RNAT~ONAT. TNSIJ'IANC1R CilM~2L, N~ a corporation organized and existing under the laws of the State of ~I, IZONA , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Fontaria and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum ofNimn"Y STX TIiOUSA~m NINE ~ a No/tOO-- Dollars (~ $96,900.00 ...... ), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. (Page 1 of 4) CA-8 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay .for any materials, provisions or other supplies, imph;ments, machinery or power used in, upon for or about the performance of the Public Work contracted to be'done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or' labor, or for any amounts required to be deducted, withheld, and-paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitIed to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge · the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above Sum, IN WITNESS WHEREOF, we have hereunto set our hands and seals this 9~a day of PRINCIPAL/CONTRACTOR: CAS'I~TLLO CONSTRUCTORS By: ~ SURE : WAS ~ ITRANC. R COI,{PAI~Y CA-9 IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REClUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) WASHINGTON Ii~'rF. RNATIONAL INSURANCE COl~fPAlff 1930 THOREAU DRIVE, SUITE 101 SCHAUI4BURG, IL 60173 (Name and Addres~ of Agent or QUIGLEY INSURANCE SEEVICES, INC. Representative for service of process in California if different from above) 23455 I~[AUERO, SUITE A ~SSION VIEJO, CA 92691 (Telephone Number and Fax Number (708) 490-1850 / (708) 519-4633 of Surety and Agent or Representative for service of process in California) (714) 470-0011 / (714) 470-0699 (Page 3 of 4) CA-IO STATE OF CALIFORNIA } SS. COUNTY OF ORANGE On JUNE 9, 1995 ,beforeme, -]~ TREDINNI6X, NOTARY PUBI.IC PERSONALLY APPEARED MICHAEL A. 0IIIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the ,,- COMM. #105q08 Signature -. ,/~,C~,q/~ This ar.~a ~ror Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable lo persons relying on the dooum/'nt and Could prevent fraudulent reattachment of thie form. CAPACITY CLAIMED BY 81GNER DESCRIPTION OF AI'rACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Tm.,EiS) [] PARTNER(S) [] LIMITED [] GENERAL [] ATtORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT WASHINGT~'/~ INTERNATIONAL INSURAN~z~ COMPANY POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny, a corporation organized end exiattng under the laws of the State of Arizona, and having its principal office in the Village of Sehaumburg, Illinois does hereby constitute and appoint SH,4WN 8LUME, JENNIFER JOHNSTON, MICHAEL A. QUIGLEY AND Dt4;IGHT REILLY EACH IN THEIR'SEPARA TE CAPACITY its true and lawful attomey(s)-in-fact to execute, seal and detiver for and on its behalf as surety, any and atl bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shatl be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall ba limited in amount to ~2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Beard of Directors adopted March 22, 1978, July 3, 1990 and October 21,198~ which read, in part, as follows: 1, The Chairman of the Beard, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company theretO, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneye-in-~act, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fa.~t or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Palwar of Attorney, certificate, bond or undertaking relating thereto, by faceitalic. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upcn the Company. IN TESTIMONY WHERE~..~._~..,~ hington international Insurance Company has caused this instrument to be signed and its cprporate ..a, ,o be .,fixed,his d.y o, Novemb.,, gg4. ~- ~ARIZONA/~. illSam D. atetrait, Chairman of the Board On this 2nd ~ay of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly sworn, said that he i8 the therein described and authorized officer of the Washington International Insurance Company; ~hat the seal affixed to said instrument is the Corporate Seal of said Company; __~____~~ . ' ' ' , the din/and year firit above written, ~tme Zaretsky Pubhc ~TATE OF ILLINOIS) ;OUNTY OF COOK} I, the undersigned, Secretary of WASHINGTON iNTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY 'ha~the foregoing and attached POWER OF ATTORNEY remains in full force and has not bee~. revoked, and fu~hermore that Article III. Section 5 of the By-Laws Qf the Corporation, and the Resolution of the Board of Director~, sat fe~h in the Power of Attorney, are now ,n force. Signed and sealed in the County of Cook. Dated he 9~ ~ay of ~ , 19 9~ Lewis M. Mooliar, Secretary MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: BOB GRAHAM RISK MANAGEMENTY FROM: YOUSUF PATAN'WALA, P.E., ~O~~~ ASSOCIATE ENGINEER/SPECIAL PROJECTS SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD. (SB-72-94) CONSTRUCTION CONTRACTS DATE: SEPTEMBER 5, 1995 Enclosed are three sets of original Construction Contracts for the above stated construction project for your review and signature. The Contractor's insurance agent initially signed the City's provided insurance endorsement forms. Later in the follow up process for providing corrected insurance certificates and automobile endorsement forms, the insurance agent raised concerns towards the legality of the language in the City's insurance endorsement forms. The matter was than referred to the BB & K's attorney Mr. Michael T. Riddell for legal advise. The City attorney's office in a letter dated August 10, 1995 authorized acceptance of the substitute endorsement forms as suggested by the contractor's insurance agent. The City attorney's office is still in the process of reviewing the City's current Standard Insurance Endorsement forms. Both sets of endorsement forms are currently placed within the construction contract documents Please advise if anything needs to be done differently. Enclosure: Copy of B,B&K'S letter dated August 10, 1995 BEST. BEST & KRIEGER ' LAWYERS "°° "'"'°" :' 'f cj661 ,,. .o..,,,...: August 10, 1995 Gregory J. Bucknell, RE. Principal Civil Engineer VIA TELEFAX Special Projects/Engineering Section (909) 350.6618 Crnc ov Fo~rr~a,~ 8353 Siena Avenue P.O. Box 518 ,.,~ Fontann, CA 92334-0518 Re: Locust Avenue Sewer Project and Citrus Avenue Storm Drain Project, Insurance Endorsement Forms Dear Greg: Having reviewed the revisions to the form of insurance endorsement for the Citrus Avenue Storm Drain Project and also the insurer's proposed form of endorsement for the Locust Avenue Sewer Project, it appears to me that both of these provide the bulk of the protection that the City needs. Therefore, in order to get both of these projects moving, I would suggest that the City accept both proposed forms of endorsement, as .. suggested by these contractors. I am comfortable with the protection that both of these will provide. Most intriguing are the objections raised by the insurance agent on the Locust Avenue Sewer Project, as expressed in his letter to Yousef Patanwala dated July 29, 1995. Apparently the underwriters have convinced him that the City's standard form of endorsement does not comply with law and simply cannot be provided. This is most interesting in view of the fact that the City's standard form of endorsement duplicates almost precisely the form recommended by a commercial insurance advisor for use by public entities. What I would like to do is locate that form and send it to the insurance agent for k~R2.78409 BEST, BEST & KRIEGEN ' Gregory J. Bucknell, P.E. City of Fontana August 10, 1995 Page 2 his examination and to let us know exactly what provisions are illegal or unavailable in the insurance business. I note, for example, that his letter states that it is illegal to contract away one's sole negligence. However, I fail to see where either the City's insurance endorsement or the language of the contract attempts to do that. In order to get to the bottom of this, it may take a little time. Therefore, instead of waiting for that' result, I would recommend that the City simply accept the insurance endorsements proposed for both of these projects. I believe that both provide substantially the same protection as the City's standard form of endorsement. Sincerely yours, Michael T. Riddell of B~sr, BF. sr & ]KRmO~ MTR/cah co: Gregory Devereaux Robert W. Weddie Clark H. Alsop Stephen R Deitsch MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: CLARK ALSOP/STEVE DIETCH CITY ATTORNEY FROM: YOUSUF PATANWALA, P.E., \~ ASSOCIATE ENGINEER/SPECIAL PROJECTS SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD. (SB-72-94) CONSTRUCTION CONTRACTS DATE: AUGUST 29, 1995 Enclosed are three sets of original Construction Contracts for the above stated construction project for your review and signature. The Contractor's insurance agent initially signed the City's provided insurance endorsement forms. Later in the follow up process for providing corrected insurance certificates and automobile endorsement forms, the insurance agent raised concerns towards the legality of the language in the City's insurance endorsement forms. The matter was than referred to the BB & K's attorney Mr. Michael T. Riddell for legal advise. The City attorney's office in a letter dated August 10, 1995 authorized acceptance of the substitute endorsement forms as suggested by the contractor's insurance agent. The City attorney's office is still in the process of reviewing the City's current Standard Insurance Endorsement forms. Both sets of endorsement forms are currently placed within the construction contract documents Please advise if anything needs to be done differently. Enclosure: Copy of B,B&K's letter dated August 10, 1995 ": "';':' i(~i':I'~RGE #16498 0i ~03 BEST. BCST & KRIEGIER ~/,.-~' LAWYERS .,,-'t.~t ~.~.'f,~'. """ "' ,-.,, .... TELEFAXz Taleflax Number: TO: GTcgory C Buckn~ll (90~) City of Font°ha FROM: Michael T. Riddell DATE: August 10, 1995 TIME: 9:0Sam RE: lnc~st Avenue Sewer Projec~ and Ciu~s Avenue Storm Drain Project, In~uranc~ Endorsement Forms PAGES: (including this cover sheet:) 3 OPERATOR: NOTE: Please call (909).685-1450, cxtermton 445, ff there is any problem in receiving th/s transmission. BEST. BEST & KRIE~3ER Au~n~st 10, 1995 Re: Loeug A~enue Sewer Project and CItrus Avenue Storm Drain Project, Inmuranee Endorsemen~ Forms · Dcaz Greg: Havhg reviewed the revlsion~ to the form of huurzace endorsement ~r ~ ~s A~nue Store Drain Pmje~ and ~so ~e ~r's proposed ~ of endo~em~nt ~r the ~t A~nue Sewer ~je~ it a~s to me ~at bo~ of these pr~de ~e b~ d ~e protenon ~at ~e ~W n~ds. ~ere~, h order w get bo~ of ~ese projec~ m~, I ~d sulest ~at ~ CiW accept boffi proposed form d endonemen~ u su~sted ~ ~ese conncton. I m co~rmble ~ffi ~ pm~e~on ~at boffi of ~ese ~ pr~de. Most ~g ~ ~e obje~o~ r~sed by ~e ~a~ ~ent on ~e ~t A~nue Sewer ~je~ u ~reued h ~ le~er w YoBef Pitnw~a dated J~y 29, 1995. A~en~y ~e ~der~rs hav~ con~ced him ~at ~e aW's st~-~ form of endorsemere dees not comply ~ffi law and s~ply ~ot be p~ded. ~s h most ~teres~ ~ ~ew of ~¢ fa~ ~at ~ ~W's g~d~ ~m of endorsement ~p~ates ~most pre~sely ~e ~m ~co~ended by a commer~ ~ce ~sor ~r use by pubic entities. ~at I wo~d ~ to do ~ locate ~at ~rm ~d send it to the ~ur~ce aSent ~r BEBT, BE:BT & KRIB:GEv ~ Gregory J. Bucknell, PIE. City of Fontana August 10, 1995 Page 2 his examination and to let us know exac~y what provisions are ~egal Or unmmilable in the insurance business. I note, for example, that his letter states that it is illegxLl to conTzact away one's sole negligence. However, I fail to see where either the C"ity~ insurance endorsement or the lan2uage of the contract attempLs to do that. In order to get to the bottom of this, it may take a litfie Hme. Therefore, instead of waiting for' that result. I would recommend that the City simply accept the insurance endorsements proposed for both of these projects. I believe that both provide substantially the same p, mtcction as the Cit, y's standard forIn of endorsement. Sincerely yours, Michael T. Riddell of Bvsr, Bast & K~os~ MTR/cah co: C-regory Devereaux Robert W. Weddle Clark H. Alsop Stephen P. Deiisch .0 -.;.~ Phone 818-368-3561 V V Facsimile 818-366-2455 CONTRACTORS & MANUFACTURERS INSURANCE SERVICES P. O. Box 7817 Northridge. CA 91327-78t7 CLAUOE E. STEPHENSON, CPCU. CLU E-MAIL; cmis~Zearthlink.net July 29, 1995 Y. Patanwala CITY OF FONTANA Engineering Division 8353 Sierra Avenue Fontaria, CA 92334-0518 Dear Mr. Patanwala: Whoever drew up the insurance requirements for this contract did so without up-to-clare legal counsel. in the opinion of the underwriters. The specifications, as written, are uninsurabie as they ask for insurance of things that are illegal for us to insure for in California. For example, in this state, all the underwriters have reminded u.s that it is illegal te contract away one's sole negligence in our state, They feel that the language used attempts to de that. And, it is iilegal to insure such a contractual clause. Each of the underwriters is preparing his own endorsement to be attached to the respective policies which wi)l be worded in concert with the Laws of the State of California. It is my understanding that these endorsements will agree to make the coverage provided primary and non contributing. will a.clree to indemnify the Citv o~ ~ontana and the County of San Bernardino. etal. from all liabilities arisin~ out of th~ subiect work except that arisin~ o~t of the sole negligence of the indemnitee(s). The Contract which waa presented to our ~lient should be reformed as respecting paragraph 7-3. ~ and subsequent to be in conce~ with the laws of the State of California, As respecting the notification clause. 7-3.2, it is recommended that you settle on one day count, not two. Unde~riters are willin~ to ~ive a 30 ~ay notice; none are eager to offer a 80 and a 4~ ~ay notice for the same ce~ificate. One un~a~riter ha~ pointed out that it would not be possible to ~mply with a 45 day no~ice under c~ain circumstances. The person(s) who drew up these requirements had good intentions respecting the ' desire to protect his principal, but input from both legal and insurance fields should have been sought so what was asked for would be do-able. Regards, V ENDORSEMENT ~' In consideration of the premium paid, underwriters agree that the insurance provided hereunder shall be primary and non contributing, will agree to indemnify the City of Fontaria and the County of San Bernardino, and/or any incorporated city, from all liabilities arising out of the subject work described as LOCUST AVENUE SEWER EXTENSION PROJECT, except that arising out of the sole negligence of the indemnitee(s) to the limits of the available insurance. It is agreed that the additional insured hereunder as respecting the LOCUST AVENUE SEWER EXTENSION PROJECT shall read as follows: The City of Fontana and its City Council, and/or all City Council appointed groups, committees, boards and any other City Council appointed body, and/or elective and appointive officers, servants, or employees of the City when acting as such are additional Insurers hereunder, for the acts of the named insured, and such insurance provided hereunder shall be primary to any Insurance provided by the City. Should such insurance be canceled, non-renewed, suspended, or materially changed, the insurer will provide 30 days prior notice by certified mail to the City of Fontana, return receipt requested, advising of the date of non-renewal, suspension, or material change, or cancellation. MEMORANDUM CITY OF FONTANA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: CLARK ALSOP/STEVE DIETCH CITY ATTORNEY FROM: YOUSUF PATANWALA, P.E., ~ ASSOCIATE ENGINEER/SPECIAL PROJECTS SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT ll0' SOUTH OF FOOTHILL BLVD. TO 170' NORTH OF FOOTHILL BLVD. (SB-72-94) CONSTRUCTION CONTRACTS DATE: AUGUST 29, 1995 Enclosed are three sets of original Construction Contracts for the above stated construction project for your review and signature. The Contractor's insurance agent initially signed the City's provided insurance endorsement forms. Later in the follow up process for providing corrected insurance certificates and automobile endorsement forms, the insurance agent raised concerns towards the legality of the language in the City's insurance endorsement forms. The matter was than referred to the BB & K's attorney Mr. Michael T. Riddell for legal advise. The City attorney's office in a letter dated August 10, 1995 authorized acceptance of the substitute endorsement forms as suggested by the contractor's insurance agent. The City attorney's office is still in the process of reviewing the City's current Standard Insurance Endorsement forms. Both sets of endorsement forms are currently placed within the construction contract documents Please advise if anything needs to be done differently. Enclosure: Copy of B,B&K's letter dated August 10, 1995 MEMORANDUM CITY OF FONTANA COM~HJNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION/SPECIAL PROJECTS TO: KEN HUNT, GENERAL SERVICES MANAGER FROM: YOUSUF PATANWALA, P.E., ASSOCIATE ENGINEER/SPECIAL PROJECTS~ SUBJECT: LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. TO 170' NORTH FOOTHILL BLVD. (SB-72-94) VERIFICATION OF CONTRACT PERFORMANCE .AND PAYMENT BOND DATE: AUGUST 28, 1995 Enclosed are copies of the Contract Performance and Payment Bonds submitted on behalf of Castillo Constructors, received for the construction of the above referenced project. Please review and verify by written response, whether the Bonds submitted are from an acceptable Surety Company. cc: Sidd Lambert w/attachments August 10, 1995 Gregory J. Bucknell, RE. Principal Civil Engineer Special Projects/Engineering Section {~0~ aSM61 8~ Cry o~ For, rr~,~ 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Locust Avenue Sewer Project and Citrus Avenue Storm Drain Project, Insurance Endorsement Forms Dear Greg: Having reviewed the revisions to the form of insurance endorsement for the Citrus Avenue Storm Drain Project and also the insurer's proposed form of endorsement for the Locust Avenue Sewer Project, it appears to me that both of these provide the bulk of the protection that the City needs. Therefore, in order to get both of these projects moving, I would suggest that the City accept both proposed forms of endorsement, as suggested by these contractors. I am comfortable with the protection that both of these will provide. Most intriguing are the objections raised by the insurance agent on the Locust Avenue Sewer Project, as expressed in his letter to Yousef Patanwala dated July 29, 1995. Apparently the underwriters have convinced him that the City's standard form of endorsement does not comply with law and simply cannot be provided. This is most interesting in view of the fact that the City's standard form of endorsement duplicates almost precisely the form recommended by a commercial insurance advisor for use by public entities. What I would like to do is locate that form and send it to the insurance agent for MTR278409 AW OFFI ES OF Gregory J. Bucknell, P.E. City of Fontana August 10, 1995 Page 2 his examination and to let us know exactly what provisions are illegal or unavailable in the in~surance business. I note, for example, that his letter states that it is illegal to contract away one's sole negligence. However, I fail to see where either the City's insurance endorsement or the language of the contract attempts to do that. In order to get to the bottom of this, it may take a little time. Therefore, instead of waiting for that result, I would recommend that the City simply accept the insurance endorsements proposed for both of these projects. I believe that both provide substantially the same protection as the City's standard form of endorsement. Sincerely yours, Michael T. Riddell of Bvsr, Best & I~aV. GER MTR/cah co: Gregory Devereaux Robert W. Weddle Clark H. Alsop Stephen P. Deitsch MTR278409 City of Fontana CALIFORNIA August 3, 1995 Michael T. Riddell, Esq. Best, Best & Kreiger 400 Mission Square 3750 University Avenue P.O. Box 1028 Riverside, CA 92502 RE: Locust Avenue Sewer Project Insurance Endorsement Contractor - Castillo Constructors, Inc. Dear Mr. Riddell, Esq.: As discussed in the meeting on Wednesday, August 2, 1995, enclosed are the copies of letter and endorsement form received from the Contractor's insurance agent and the Standard City Construction Contract Document. Please advise of any changes to be made in the language to City's existing insurance endorsement forms (General Liability, Automobile Liability & Worker's Compensation) as well as anywhere else in the contract document as referenced in %he letter. Please call the undersigned at (909) 350-6646, if you require any additional information. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT cc: City Engineer Associate Engineer/Special Projects 8353 SIERRA AVENUE (P,O, BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA ~e~ recycled paper LETTER OF TRANSMITTAL CITY OF FONTANA FILE: LOCUST AVENUE SEWER CDD/ENGINEERING DIVISION DATE: JULY 19, 1995 8353 SIERRA AVENUE FONTANA, CA. 92335 TO: RISK MANAGEMENT ATTN: ROBERT GRAHAM 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) ( ) Specifications ( ) Copy of Letter ( ) Change Order(s) (x) Other: Contracts COPIES DATE NO. DESCRIPTION 3 - - LOCUST AVENUE SEWER 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 Droiect on May 16, 1995. Attached are three (3) sets of original Construction Contracts for your siCnature. Certificate of Insurance is attached to each set. Please call Ext. 6659/6645 when signed. Copy to: Signed: ~ City of Fontana CALIFORNIA March 8, 1995 F.W. Dodge 202 E. Airport Drive #190 San Bernardino, CA. 92408 RE: CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. to 170' NORTH OF FOOTHILL BLVD. SB-72-94 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 there be 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 Locust April 13, 1995 $116,000.00 Avenue Sewer Extension 2:00 P.M. Project from 110' South of Foothill Blvd. to 170' North of Foothill Blvd. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects 8353 SIERRA AVENUE(RO, BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA ~e~ recycled paper City of Fontana CALIFORNIA March 8, 1995 Daily construction Service P.O. Box 2757 E1 Segundo, CA. 90245-2757 RE: CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. to 170' NORTH OF FOOTHILL BLVD. SB-72-94 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 there be any questions, please call Yousuf Patanwalal P.E., Associate Engineer/Special Projects at (909)350-6645. BID SUBMITTAL ESTI~LATED PROJECT DUE DATE/TIME CONSTRUCTION COSTS Construction of Locust April 13, 1995 $116,000.00 Avenue Sewer Extension 2:00 P.M. Project from ll0' South of Foothill Blvd. to 170~ North of Foothill Blvd. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects 8353 SIERRA AVENUE(RO. BOX518) · FONTANA, CALIFORNIA92334-0518 e (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA ~ recycled paper City of Fontana CALIFORNIA March 8, 1995 McGraw Hill Dodge 2150 Town Center Drive Anaheim, CA. 92806 RE: CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. to 170' NORTH OF FOOTHILL BLVD. SB-72-94 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 there be 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 Locust April 13, 1995 $116,000.00 Avenue Sewer Extension 2:00 P.M. Project from 110' South of Foothill Blvd. to 170' North .of Foothill Blvd. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects 8353SIERRAAVENUE(P.O, BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY- KAMLOOPS, B.C. CANADA ~ recycled paper City of Fontana CALIFORNIA March 8, 1995 Construction Express 35805 Mitchell Road Murrieta, CA. 92562 RE: CONSTRUCTION OF LOCUST AVENUE SEWER EXTENSION PROJECT FROM 110' SOUTH OF FOOTHILL BLVD. to 170' NORTH OF FOOTHILL BLVD. SB-72-94 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 belong. Should there be any questions, 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 Locust April 13, 1995 $116,000.00 Avenue Sewer Extension 2:00 P.M. Project from 110' South of Foothill Blvd. to 170' North of Foothill Blvd. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Yousuf Patanwala, P.E. Associate Engineer/Special Projects cc: Principal Civil Engineer/Special Projects 8353 SIERRAAVENUE(P.O, BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~ recycled p~i~er BEST, BEST & KRIEGER LAWYERS ARTHUR L. LITTLEWORTH* DOUGLAS S. PHILLIPS* ELISE K. TRAYNUM CYNTHIA M. GERMA~ ~ SUITE 130 GLEN E' STEPHENS* ANTONIA GRAPHOS WILLIAM D' DAHLING' JR'MARY E' GILSTRAP A 10 NORI~H HAVEN WILLIAM R. DeWOLFE* GREGORy K. WILKINSON MAI'T H. MORRIS GLENN p. SABINE BARTON C. GAUT* WVNNE S. FURTH JEFFREY V. DUNN jC(~AR~4~TIO~R~ AR~CCO~ASI~ POST OFFICE BOX 4860 PAUL ~' SELZER* DAVID L' BARON ~TEVEN C' DeBAUN I ONTARIO, CALIFORNIA DALLAS HOLMES* GENE TANAKA ERIC L. GARNER PHILip J. KOEHLER CHRiS~OPHER L. CARpENtER* BASIL T. CHAPMAN DENNIS M COTA DIANE C WIESE TELEPHONE (909) 98~-8584 RICHARD T' ANDERSON* TIMOTHY M' CONNOR RACHELLE J' NICOLLE REBECCA MARES DURN{Y TELECOPIER (9~) 944-144~ JOHN D. WAHLIN· VICTOR L, WOLF ROBERT W, HARGR{AVES DOROTHY I, ANDERSON MICHAE~ D, HARRIS* DANIEL E. OLIVIER ~ANIGE L WEIS G. HENRY WELLES W. CURT EALy* DANIEL J. McHUGH FATRICK H. W, F. pEARCEJAMES R. HARpER THOMAS ~, SLOVAK* HOWARD B, GOLDS KIRK W. SMITH DINA O. HARRIS JOHN E, BROWN* S~EpHEN P DEIT$CH JASON D, DA8AREINER BARBARA R. BARON MICHAEL T, RIDDELL* MARC E, EMPEY ~YLE A, SNOW RICHARD ~. EGGER MEREDITH A, JURy* JOHN R. ROI~$CHAEFER MARK A, EASTER PATRICK D. DOLAN OF COUNSEL MICHAEL GRANT· MARTIN A, MUELLER DIANE L, FINLEY BEAN R. DERLETH JAMES B, FRANCIS J, 8AUM* ~. MICHAE~ $UMMEROUR MICHEL~E OUELLETTE HELENE p. DREYER ANNE ~, THOMAS* VICTORIA N KING DAVID p, pHIpPEN, SR. EMILY P. H{MPHILL D, MARTIN NETHERy* JEFFERy J, CRANDALL SUSAN C. NAUSS SONIA RUBIO SHARMA GEORGE M. REyES SCO[T G. SMITH CHRISTOPHER ODDSON JOHN O. PINKNEY WILLIAM W. ~LOyD. JR. JACK B, CLARKE, JR. BERNIE L, WIlLIAMSON GREGORY L, HARDKE BRIAN M, LEW)5 ELAINE E. HILL OFFlOEB IN KENDALL H. MmCVEy BRADLEy E. NEUFELD ~EVIN K, RANDOLPH RiVERSiD{ (gOg) CLARK H, ALSOp* SHARyL WALKER JAMES B, GIL~IN RAYMOND BEBT (~868-19~7) DAVID J, ERWIN* pETER M. BARMACK MARSHALL S, RUDOLPH JAMES H KRIEGER ( ) 913-1975) PALM 9pRINGS (6 ] 9) 32~-7264 MICHAEL J ANQELSON* JEANNETT[ A, PETERSON KtM A, ByRENS [UGENE BEST (]~G3-~1) RANCHO MIRAGE {619) 568-26] I AD~i 4~ Z994 CONFIDENTIAL; SUBJECT TO ATTORNEY-CLIENT PRIVILEGE Jim Strodtbeck Redevelopment Project Coordinator City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Re: Sunrise Ford Settlement Agreement Concerninq Parcel No. 9107 Dear Jim: Enclosed for your review and consideration is the draft Settlement Agreement between the City of Fontaria and Sunrise Management Company that you have asked us to amend. As we previously advised, because the Subdivision Agreement, which is the basis of the Settlement Agreement, does not contain a sufficient legal description and does not appear to have been executed by the proper City officials, a judge could refuse to enforce the Subdivision Agreement altogether. Thus, your suggestion of refunding $10,000.00 of the $30~000.00 deposit to Sunrise together with interest and retaining the balance of $20,000.00 for the City appears to be a reasonable resolution of this matter, if the City prefers to compromise all claims. We have amended the Agreement accordingly in order to allow Sunrise, City staff and, ultimately, the City Council to consider the proposed Agreement. SRS36043 BEST, BEST & KRIEGER Jim Strodtbeck Redevelopment Project Coordinator April 4, 1994 Page 2 Should you have any further questions, please feel free to call either Stephen Deitsch or me. Very truly yours, Sonia R. Carvalho for BEST, BEST & KRIEGER SRC:ep cc: Gregory C. Devereaux, City Manager Bob Weddle, City Engineer Clark H. Alsop, City Attorney SRS36043 SETTLEMENT AND MUTUAL RELEASE AGREEMENT THIS SETTLEMENT AND MUTUAL RELEASE AGREEMENT ("Agreement") is made and entered into this day of , 1994, by and between the CITY OF FONTANA, a municipal corporation ("City") and SUNRISE MANAGEMENT COMPANY, a California general partnership ("Sunrise"). City and Sunrise are sometimes hereafter referred to collectively as the "Parties". RECITALS A. On February 13, 1985, City' s Planning Commission established Conditions of Approval for Parcel Map No. 9107 ("Conditions of Approval), attached hereto as Exhibit "A". On April 2, 1985, City deferred Conditions of Approval Nos. 3, 6, 7, 13, 14, 16 and 17. B. On April 9, 1985, City and the subdivider, Fox Brothers, Inc. ("Subdivider"), entered into a Subdivision Agreement whereby subdivider agreed to construct at its own cost and expense certain public improvements on Parcel No. 9107 ("Subdivision Agreement"), attached hereto as Exhibit "B". Pursuant to the Subdivision Agreement, the subdivider posted security in the amount of Thirty Thousand Dollars ($30,000.00) to guarantee the construction of those public improvements covered by the Subdivision Agreement (the "Public Improvements"). The Thirty Thousand Dollars ($30,000.00) , together with interest thereon, is currently being held by the Fontana Branch of Bank of America in two accounts known as Certificate of Deposit Nos. 244-4-01635 and SRS36047 244-5-01634 (the "Accounts"). City and Sunriss are listed as the joint beneficiaries of the Accounts. C. In April of 1990, Fox Brothers, Inc. conveyed its interest in the property known as Parcel No. 9107 and the Accounts to Sunrise. D. Because of disagreement among the Parties concerning the improvements to be made pursuant to the Subdivision Agreement and the effect of the conveyance by Fox Brothers, Inc. of its interests in the Accounts to Sunrise, Sunrise has proposed that City retain two-thirds of the Accounts ($20,000) to construct public improvements of the City's choice anywhere in the City at the City's sole discretion and that the City release the remaining one-third of the Accounts ($10,000) together with any and all interest earned on the Accounts to Sunrise. E. City and Sunrise now desire to settle fully and finally all claims and controversies which may exist between them arising out of Sunrise's duty to satisfy the deferred Conditions of Approval and construct, install or pay for the Public Improvements. NOW, THEREFORE, in view of the foregoing, it is agreed by and between the Parties hereto as follows: AGREEMENT 1. Incorporation of Recitals. The Recitals constitute a material part of this Agreement and are incorporated as though fully set forth herein. SRS36047 --2 -- 2. Obligations of Sunrise. a) Sunrise agrees to release two-thirds of its interest in the Accounts ($20,000) to City and further agrees that City can use the $20,000 to either construct any public improvement of its choice within the City or satisfy any of the deferred Conditions of Approval. b) Within fourteen (14) days after this Agreement is executed by both Parties, Sunrise shall arrange for the release of $20,000 in the Accounts to City by submitting to the Fontana branch of Bank of America at 16860 Arrow Boulevard a letter, in a form substantially similar to Exhibit "A" attached hereto and incorporated herein, on Sunrise letterhead stating that it authorizes Bank of America to release to City $20,000 and by signing all other necessary documents required by Bank of America and taking all other actions necessary to facilitate the release to City of $20,000 from the Accounts. c) Sunrise further represents and warrants that it is the successor in interest to any and all interests owned by Fox Brothers, Inc. in the Accounts, and that aside from City, no person or entity owns any interest in the Accounts. 3. Obligations of City. a) City agrees to release one-third of its interest in the Accounts ($10,000), together with all interest earned on the Accounts to Sunrise. Within fourteen (14) days after this Agreement is executed by both Parties, City shall arrange for the release of $10,000 in the Accounts with all interest earned on the Accounts to Sunrise by submitting to the Fontana branch of Bank of SRS36047 --3-- America at 16860 Arrow Boulevard a letter, in a form substantially similar to Exhibit "A" attached hereto and incorporated herein by reference, on City letterhead stating that it authorizes Bank of America to release to Sunrise $10,000 of the Accounts and all interest, and by signing all other necessary documents required by Bank of America and taking all other actions necessary to facilitate the release of the money to Sunrise. b) City agrees to release Sunrise from its obligations to otherwise construct, install or pay for the Public Improvements. c) City further agrees to release Sunrise from its obligations to otherwise satisfy the deferred Conditions of Approval. d) City's obligation to perform under this Section 3 and the releases set forth in this Section 3 and Section 5(b) are conditioned upon City's receipt of $20,000 from the funds in the Accounts. 4. Future Conditions of Approval. Sunrise acknowledges that City retains the right to impose future public improvement obligations on Sunrise or its successors-in-interest to Parcel No. 9107 in regard to any land use permit or approval sought in the future from City. City's release under sections 3(a) and 3(b) shall in no way prevent City from imposing, upon any future application for land use permit or approval, future public improvement obligations on Sunrise or its successors-in-interest to Parcel No. 9107 including, without limitation~ those which are similar to or exactly the same as the Public Improvements or the Conditions of Approval. SRS36047 -4 - 5. Mutual Releases. (a) In consideration of the covenants and agreements contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sunrise hereby irrevocably and unconditionally releases and forever discharges City, its elected officials, officers, employees, and agents from any and all actions, causes of action, suits, debts, demands, damages, controversies, of any nature whatsoever, known or unknown, suspected or unsuspected, which it now has against City arising out of or relating to Sunrise's obligation to construct, install or pay for the Public Improvements or satisfy the deferred Conditions of Approval. Sunrise specifically waives its rights, if any, which may be claimed under California Civil Code Section 1542 relative to the Subdivision Agreement. Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing a release, which if known by him must have materially affected his settlement with the debtor. " Sunrise further waives and releases any and all rights or claims available under common law or equity doctrine similar in right or effect to Civil Code Section 1542 . (b) In consideration of the covenants and agreements contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to the terms and provisions of Section 4 hereof, City hereby irrevocably and unconditionally releases and forever discharges Sunrise from its obligations imposed pursuant to the approval of Parcel Map 9107 and the Subdivision Agreement to satisfy the deferred Conditions of SRS36047 -5- Approval and construct, install or pay for the Public Improvements. City specifically waives its rights, if any, which may be claimed under California Civil Code Section 1542 relative to the Subdivision Agreement. Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing a release, which if known by him must have materially affected his settlement with the debtor." City further waives and releases any rights or claims available under common law or equity doctrine similar in right or effect to Civil Code Section 1542. 6. Entire Aqreement. This Agreement constitutes the entire agreement between the Parties. No modification to this Agreement shall be valid unless in writing and signed by the Parties. The Parties shall not be bound by any representations, warranties, promises, statements or information not specifically set forth in this Agreement. 7. Choice of Law. This Agreement shall be construed under the laws of the State of California and the Parties agree that any action relating to this Agreement shall be instituted and prosecuted in the County of San Bernardino, state of California. The Parties agree that the prevailing party in any action to enforce the terms of this Agreement shall be entitled to any and all reasonable attorneys' fees incurred in association with the enforcement of this Agreement. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but SRS36047 --6-- such counterparts taken together shall constitute but one Agreement. 9. Further Assurances. The Parties agree to execute any additional documentation and do all this is reasonably required to effect the terms of this Agreement. 10. BindinGUpon Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, representatives, successors and permissible assigns. 11. Attorneys' Fees. The Parties to this Agreement shall bear their own attorneys' fees and costs arising from negotiation or settlement of their claims, except as herein provided in paragraph 7. 12. ODDortunity to Review. By the signatures below, the Parties represent and warrant that they have had an opportunity to read and review each and every term set forth herein and to consult with counsel as to the legal meaning and impact of this Agreement, that they have taken such opportunity to read and understand this Agreement and that they agree to accept the terms set forth herein. IN WITNESS THEREOF, the parties hereto have executed this Settlement Agreement and General Release, and when fully executed, it shall be effective. SRS36047 --7 -- CITY OF FONTANA, SUNRISE MANAGEMENT COMPANY, a municipal corporation a California general partnership By: By: Greg Devereaux City Manager Its: Dated: Dated: ATTESTED TO: Kathy Montoya City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER By: Clark H. Alsop or Stephen P. Deitsch City Attorneys for City of Fontana SRS36047 --8-- = Exhibit "A" Form Letter Accounts Manager Bank of America Fontaria Branch 16860 Arrow Boulevard Fontana, CA 92335 Re: Certificates of Deposit Nos. 244-4-01635 and 244-5-01634 Dear Accounts Manager: The City of Fontana and Sunrise Management Corporation are joint beneficiaries of the Certificates of Deposit referenced above. The City of Fontana and Sunrise Management Corporation request that you close the Certificates of Deposit and release the funds as follows: 1. Twenty-thousand dollars ($20,000) to the City of Fontana; and 2. The remaining balance to Sunrise iManagement Corporation. The City of Fontana and Sunrise Management Corporation consent to the disbursement of the Certificates of Deposit as set forth herein. The funds in the Certificates of Deposit should not be released until you receive a copy of this letter signed by representatives of both the City of Fontana and Sunrise Management Corporation. Should you have any questions regarding this request you may contact Jim Strodtbeck, Redevelopment Project Coordinator for the City of Fontana at 350-7675 or Mr. or Mrs. Bruncati of Sunrise Management Corporation at Greg Devereaux Fontana City Manager for Sunrise Management Corporation SRS36047 --9 -- -,' RECORD OF TELEPH'GdNE CONVERSATIOH CITY OF FONTANA ~ C~rlo~ r~a~rro Organization Phone No. runnin~ ~nd Go l~. ~ c~m~ u~a~ ~me, i~5~k~n~ o~a ~t~ se~ ~is BSI-Pq06 ~l~n CITY OF FONTANA RECORD OF TELEPHONE CONVERSATION By ,,/~ (City Employee) Subject Individual ~ Y~J~. Organization ;~ · Phone No. Comments or Action Required / /2-,-r- '~- · CITY OF FONTANA Fontana, CA MEMORANDUM TO: SEWER CAPITAL PROJECT FILES PM NO. 9107 FILE BIRCH SCHOOL FILES (DAB NO. 3-7-91) FROM: BOB WEDDLE, CITY ENGINEER ~ SUBJECT: 1) LOCUST AVENUE AT FOOTHILL SEWER PROBLEM 2) PARCEL MAP NO. 9107 INFRASTRUCTURE REQUIREMENT 3) FUSDSCHOOLPLANNEDALONGLOCUSTAVENUENORTHOF FOOTHILL BOULEVARD DATE: SEPTEMBER 13, 1993 On September 9, 1993 the following staff meet to discuss subject items: Ken Jeske, Bob Weddie, Jim Strodtbeck, Felipe Molinos, and Carlos Navarro. The meeting was held to determine what use the potential $30,000 (deferred infrastructure fee contribution) from PM No. 9107 could be utilized and the cost and repair program to rehabilitate the improperly constructed sewer line in Locust Avenue (just south of PM No. 9107). Additionally, FUSD will be constructing a school along Locust Avenue some + 1,000 feet north of Foothill Boulevard, and discussion was held to see if the City should take a lead in extending sewers in Locust Avenue. The attached vicinity map and August 25, 1993 memorandum provides some background on this item. Ken Jeske agreed that his program would look at installing a liner in the Locust Avenue Sewer (s/o Foothill Boulevard) to solve the deficiency problem as the City had exercised all available recourse against the contractor who originally installed the sewer. The last trench failure occurred in 1988. The cost could be in the $8,000 to $10,000 range for this repair work (liner type). Jim Strodtbeck indicated support to recommend that the entire $30,000 in deferred infrastructure deposits in a joint City/Developer account could be utilized to construct a sewer extension across Foothill Boulevard in Locust Avenue. Jim has to get the developer, City Attorney and Planning Commission's concurrence on this. Memo to File September 13, 1993 Page Two Bob Weddle indicated support for using sewer capital project funds to augment the $30,000 to construct a "bore or tunnel" upsize sewer line across Foothill Boulevard in Locust Avenue. The cost of a sewer line to cross a state highway could be in the $40,000 to $50,000 range. Felipe Molinos reviewed past records on flow information and directions given to FUSD regarding their proposed school on Locust Avenue. Both Ken and Felipe will contact FUSD to see if their timing would work with the potential City project crossing Foothill Boulevard and to cost share an extension of this line 900-1000' north to the school which currently has approval to use septic tanks. Bob Weddle and Felipe Molinos would also look at the costs and flow capacity problems for extending the Locust Avenue sewer further north to intercept some "dry" sewers that were built some years ago. RWW:sh cc: Attendees Community Development Department Deputy City Engineer/City Traffic Engineer Associate Engineer/Land Development CITY OF FONTANA CALIFORNIA MEMORANDUM TO: BOB WEDDLE, P.E. CITY ENGINEER FROM: CARLOS NAVARRO cJ~ - ASSOCIATE ENGINEER/INSPECTION SUBJECT: ACCEPTANCE AND CONNECTION TO THE NOR1FHERLY SEWER MAIN ON LOCUST AVENUE SOUTH OF FOOTHILL BOULEVARD DATE: AUGUST 25,'1993 Backc~round History: In 1988, during the tail end of the last building boom. This section of sewer main was installed in Locust Avenue. From the very beginning we started having very large street failures over this sewer main. Consequently this sewer main was never formally accepted by our City Council, their currently exist one active sewer connection to ~his main line. Further investigation was conduited, compaction tests over existing facilities failed to meet acceptable standards. A mainline video revealed vertical and horizontal off set joints. All efforts to have this line corrected by the responsible contractor failed. Shortly after this a formal complain was filed with the State of California Department of Consumer Affairs Contractor's State License Board. On March 8 and 9 of this year, this case came before Mr. W.F. Barnes, Presiding Admin, Law Judge. The City of Fontana was represented by Mr. Robert A. Heron Deputy Attorney General State of California (at no cost to the City of Fontana). The findings of fact and his determination of issue are attached, for your review. In August of this year, I again made contact with the Attorney Generals office, in order to determine the current status of this case. And to evaluate if any further action would be necessary on the City's behalf. I was then directed by A.G. office to call upon any bonds or money in deposit, which were required by the Registrar of Contractors to be posted as part of his decision and determination of issue. Bob Weddie, P.E. August 25, 1993 Page 2 The next day in conversation with Mrs. MaryLou Guerrero, Deputy Registrar, Department of Consumer Affairs, Contractors State License Boa..rd, the following facts were established: A. The contractor of record, has not contacted the office of the City Engineer, to provide a time schedule for correctiv(; work on the defective system on Locust Avenue. B. It appears, that the contractor has no intent of paying any restitution to the City of Fontana C. The contractor as of this date, has not posted bonds or money, as directed by the Registrar of Contractors. D. As of this date, both Licenses have expired. It appears the people involved with this company, have walked away from both licenses. We are left with problems we have identified and no money to pursue corrective actions. As of today I have exhausted all legal attempts to resolve the Locust Avenue problems. Recommendations Move for acceptance of mainline sewer. Minimize connections and use of this sections of main, till corrective measures can be identified and financed. Possible Solutions The placement of a seamless linear, the length of this project 330 -F . This installation is fast and a lot more economical than R & R of the total system. Attachments cc: Public Works Manager Principal Civil Engineer/Capital Improvements c:\data\wp\carlos\memos93\acctconn .swr BEFORE T1TR. ~ REGISTRAR OF CONTRACTORS CONTRACTORS' STATE LICENSE BOAILl) DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation ) NO. S-90~587 Against: ) ) 0/~I No. L-55352 BECKER SMITH PIPELINE & ) PIPELINE CONNECTIONS, INC., ) S U B P O E N A Respondent. ) THE PEOPLE OFT HE STATE OF CALWORNIASENDGREEI~NGS TO: Carlos Nayafro City of Fontana 8353 Sierra Ave. Fontaria, California 92334 (714) 350-7610 You are hereby commanded, business and excuses being set aside, to attend and to testify at the request of the Contractors' State License Board in the above-entitled proceedings at the San Bernardtno State Office B~tldlng~ Board of Equalization, 303 West Third Street, Hearing Room 500 M, San Bernardtno, California 92401 on March 8 and 9, 1993, at the hour of 10=00 a.m. Upon service of this subpoena, you may be entitled to witness fees and travel expenses to the hearing if you so request. Please contact the serving party. Disobedience to this subpoena will be punished as contempt in.the manner and form prescribed by law. IF YOU HAVE ANY QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE ATTORNEY REQUESTING THIS SUBPOENA, LISTED BELOW, BEFORE THE DATE WHICH YOU ABE REQUIRED TO BE AT THE ADMINISTRATIVE HEARING. Dated: February 11, 1993 OFFICE OF ADMINISTRATIVE HEARINGS Administrative Law Judge Robert A. Heron Deputy Attorney General (213) 897-2561 .~. RECE~V:~) BEFORE THE REGISTRAR OF CONTRACTO~ CONTRACTORS STATE LICENSE BOARD ~ ~dG I ~ I~:J~ STATE Or c.~-.oR.,,ra "~ ~ ENGmEER'5 OFFICE . Zn the ~attcr of the Accusation ) Againu: ) ) ) SO~ PEGION BECI~:R SMITH PIPFIJNE ) P.O. Box ~17 ) CASE NO. S90-~87 Highland, California 9234~ ) Liceme No. 442730, C34, C42 ) L-S~3S2 Mkhael Wlllhm LongfeIJow, PT ) Randy Reed aec~, Qp ) ) and ) ) PIPELINE CONNECTION, INC ) P.O. Box999 ) HiSbland, CA 92346 ) License No 606837, C,t4, C,12 , ) lhndy Reed Becket, PR/RMO ) Mlcbad ragbun Loire!low, SECFFR ) ) Re~ondents, DECISION The attached Proposed Decision of the Adminjslrative Law Judge is hereby adopted by the Registrar of Contraaors as his Decision in the above-entitled rr Is FURTHER ORDERED, that respondent Becket Smith Pipeline, License no. 442730, shall file a bond or ~st a cash deposit or its equivalent in the mount of//-~/ Seal ? 8 Professions Code of the State of provisions of 'on 071. of the Business and Ca/ifornia, and that said respondent is hereby notified that practice under this aforementioned license may not be resumed and is prohibi~ jl satisfactory evidence of such bond or cash deposit or its equiva/ent is on file with the Registrar of Contractors. IT IS FURTHER ORDERED, that respondent Pipeline Connection, Inc., License no. 606837, shall file a bond or post a cash deposit or its equiva/ent in the amount of ~  /~_~__, on or after ~ ~ , 19_.~, pursuant to and in accordance with the provisions of Section 7071.8 of the Business and Professions Code of the State of Ca/ifornia, and that said respondent is hereby notified that practice under this aforementioned license may not be resumed. and is prohibited until satisfactory evidence of such bond or cash deposit or its equivalent is on file with the Registrar of Contractors. This Decision shall become effective on the ~ day of , 19~J. Tt: is so ordered l:his /~:~ day of , 1993. DAVID R. PI~TI'.LI~S lk.~istar of Contractors Contractors State L/tense Board State of California BEFORE THE REGISTRAR OF CONTRACTORS CONTRACTORS' STATE LICENSE BOARD DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: BECKER SMITH PIPELINE NO. S-90-587 PoO. Box 517 Highland, California 92346 L-55352 LICENSE No. 442730, C-34, C-42 MICHAEL WILLIAM LONGFELLOW, PT RANDY REED BECKER, QP and PIPELINE CONNECTION, INC. P.O. Box 517 Highland, CA 92346 License No. 606837, C-34, C-42 RANDY REED BECKER, PR/RMO MICHAEL WILLIAM LONGFELLOW, SEC/TR ~ Respondents. PROPOSED DECISION This matter came on regularly for hearing before W. F. ByrneS,. Administrative Law Judge of the Office of Administrative Hearings, at San Bernardino, California, on March 8 and 9, 1993. Robert A. Heron, Deputy Attorney General, represented the complainant. Randy Reed Becker, in pro per, represented the respondents. Evidence having been received and the matter submitted, the Administrative Law Judge finds the following facts: I Merle D. Vandruff made the Accusation in his official capacity as Assistant Regional Deputy, Contractors' State License Board. II A. On July 5, 1983, the Registrar of Contractors issued license number 442730, classification C-34 (pipeline contractor) and classification C-42 (sanitation system contractor) to 1 respondent Becker Smith Pipeline, with Michael William Longfellow as a Partner and Randy Reed Becket as the Qualifying Partner. The license expired on July 31, 1987, but was renewed on December 9, 1988. The license again expired on July 31, 1991, but was renewed on September 26, 1991, and is presently in effect through July 31, 1993. B. On November 20, 1990, the Registrar of Contractors issued license number 606837, classification C-34 (pipeline contractor) and classification C-42 (sanitation system contractor) to respondent Pipeline Connections, Inc., with Randy Reed Becker as the President and Responsible Managing Officer and Michael William Longfellow as the Secretary and Treasurer. Effective December 8, 1992, Longfellow was removed, Johnhie Sue Guadagnoli became President and Secretary, Nick Thomas Guadagnoli became Vice President and Treasurer, and Randy Reed Becker became Vice President and Responsible Managing Officer. The license is presently in effect'through November 30, 1994. III On or about September 29, 1988, respondent Becker Smith Pipeline entered into a written sub-contract with Pacific Landmark Development, the prime contractor on a 280-unit apartment complex at Locust Avenue a~ld Foothill Boulevard in Fontand, California, to construct a 10-inch sewer pipeline for $70,000.00. Respondent Becket Smith Pipeline was hiredto replace a previous contractor who was removed from the project. Work began on or about September 29, 1988, and work was last performed on or about January, 1989. Pacific Landmark Development paid respondent Becket Smith Pipeline $69,999.99. Subsequently, the City of Fontana has made emergency repairs on the project. IV Respondent Becker Smith Pipeline, on the Fontana project, willfully departed from accepted trade standards for good and workmanlike construction in the following respects: 1. Failed to properly compact the soil in the trench. 2. Failed to properly connect the pipes at the joints. V Respondent Becker Smith Pipeline failed in a material respect to complete this project for the contract price, and the City of Fontana will be required to spend approximately $51,500.00 to remove and replace the pipeline. VI Respondent Becket Smith Pipeline acted as a contractor on the project at a time when its license had expired. Pursuant to the foregoing findings of fact, the Administrative Law Judge makes the following determination of issues: I Cause exists for license discipline against respondent Becker Smith Pipeline, as follows: A. For violation of Business and Professions Code section 7109, by reason of Finding IV; B. For violation of Business and Professions Code section 7113, by reason of Finding V; and, C. For violation of Business and Professions Code section 7115/7028, by reason of Finding VI. II Cause exists for license discipline against respondent Pipeline Connections, Inc., pursuant to Business and Professions Code sections 7097 and 7098. III Michael William Longfellow, while serving as a Partner of respondent Becker Smith Pipeline, had knowledge of and participated in the acts or omissions which constitute cause for discipline against said respondent, constituting cause to make an order as to him pursuant to Business and Professions Code section 7121. IV Cause exists to make an order pursuant to Business and Professions Code section 7121.5 as to Randy Reed Becker. V Cause exists to make an order of restitution pursuant to Government Code section 11519(d). W}{EREFORE, THE FOLLOWING ORDER is hereby made: I Contractor's license number 442730 (Becket Smith Pipeline) and contractor' license number 606837 (Pipeline Connections, Inc.), and each of them, are revoked; provided, however, that the orders of revocation are stayed for a period of five (5) years upon the following terms and conditions: A. Within ninety (90) days of the effective date of this decision, respondent Becker Smith Pipeline shall correct this project by removal and replacement of this pipeline in accordance with City of Fontana specifications and accepted trade standards, and shall make proof to the Registrar of Contractors of the City's acceptance of the project; or, in the alternative, said respondent shall pay $51,500.00 as restitution to the City of Fontana and make 'proof of that payment to the Registrar of Contractors. B. Respondents shall comply with all federal, state and local laws and all regulations governing the activities of a licensed contractor in California. C. Randy Reed Becket shal~ appear in person for interviews with the Regional Deputy or designee upon request and with reasonable notice. D. Should the Registrar of Contractors determine, after notice to respondents and an opportunity to be heard, that the conditions of this order have not been met or that cause for disciplinary action against respondents has occurred within said five-year period, the Registrar may, in his discretion, vacate the stay and reimpose the orders of revocation, or make such other order as he deems just and reasonable; otherwise, the stay of execution shall become permanent. II In the event that the licenses are actually.revoked pursuant to this decision, then both Randy Reed Becket and Michael William Longfellow are prohibited from serving as officer, director, associate, partner, or responsible managing employee of any Contractor State License Board licensee until further order of the Registrar of Contractors. DATED: 3 Administrative Law Judge Office of Administrative Hearings WFB:mh 4 Accounts Manager Bank of America Fontana Branch 16860 Arrow Boulevard Fontana, CA 92335 Re: Certificates of DeDosit Nos. 244-4-01635 and 244-5-01634 Dear Accounts Manager: The City of Fontana and Sunrise Management Corporation are joint beneficiaries of the Certificates of Deposit referenced above. The City of Fontana and Sunrise Management Corporation request that you close the Certificates of Deposit and release the funds as follows: 1. Twenty-thousand dollars ($20,000) to the City of Fontana; and 2. The remaining balance to Sunrise Management Corporation. The City of Fontana and Sunrise Management Corporation consent to the disbursement of the Certificates of Deposit as set forth herein. The funds in the Certificates of Deposit should not be released until you receive ~ copy of this letter signed by representatives of both the City of Fontana and Sunrise Management Corporation. Should you have any questions regarding this request you may contact Jim Strodtbeck, Redevelopment Project Coordinator for the City of Fontana at 350-7675 or Mr. or Mrs. Bruncati of Sunrise Management CorporatiOn at Fentara ~ity Manage for Sunrise Management Corporation SRS36047 --9 --  VOID AFTER 90 DAYS Bank of America ,-3.,,08 0 16 G 0 8 4 3 3 Issuer: 8ankAmer/ca Corporation or MATCH THE AMOUNT I V~DS TH 1 E A UN I U ERS :!: ', ~,~eh~i~ ~il~ni ':5' ~ :!=,~" =i :=~i:! !!i ~ ')=i,= :h, ';it ;-~= ===="' == '::: ~=: = ~: :,>~,; E~=,~ ~::;.i~,=~::=~:~::, i~,? :: = .:.,, :=;f; ?~ ,:~==~==~, .-%,:=,~,:, ~ ::~= ,r~ ==~ :, ':~ ,~ ~,=~ ~:: =' =i~. ~ '=: ::?.