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HomeMy WebLinkAbout2005-424 1 RESOLUTION NO. 2005-424 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A UTILITY 4 UNDERGROUNDING AGREEMENT WITH CATELLUS LAND AND DEVELOPMENT CORPORATION, A DELAWARE CORPORATION, FOR 5 UNDERGROUNDING OF OVERHEAD UTILITY LINES ON MILL STREET AND 6 DOOLITTLE DRIVE. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 Undergrounding Agreement (see Attachment" 1" and incorporated herein) with Catellus Land SECTION 1. THAT THE MAYOR is hereby authorized to execute the Utility 11 and Development Corporation, a Delaware Corporation, for undergrounding of overhead 12 utility lines on Mill Street and Doolittle Drive. Such Agreement shall be effective only upon 13 being fully executed by all parties. 14 15 SECTION 2. This Utility Undergrounding Agreement shall not take effect or become 16 operative until fully signed and executed by the parties and no party shall be obligated 17 hereunder until the time of such full execution. No oral agreement, amendments, 18 modifications or waivers are intended or authorized and shall not be implied from any act or 19 20 21 22 course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of the resolution. 23 III 24 III 25 26 27 28 2005-424 1 2 RESOLUTION... AUTHORIZING THE MAYOR TO EXECUTE A UTILITY UNDERGROUNDING AGREEMENT WITH CA TELLUS LAND AND 3 DEVELOPMENT CORPORATION, A DELAWARE CORPORATION, FOR UNDERGROUNDING OF OVERHEAD UTILITY LINES ON MILL STREET AND 4 DOOLITTLE DRIVE. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular 8 meeting thereof, 19 20 21 22 23 24 25 Approved as to 26 form and legal content: ~~h~ The foregoing resolution is hereby approved this J~day of December ,20 ~5 ,,~ '"\ I / J-.... / / '-;;/ /j' Neil Derry, ~ Pro Tern City of San Bernardino 27 JAMES F. PENMAN, 28 City Attorney ~,'~ 2005-424 UTILITY UNDERGROUNDlNG AGREEMENT This UTIpTY UNDERGROUNDIN9- AGREEMENT is made and entered into as of the ~ day of rUa~ , 2002- by and between the CITY OF SAN BERNARDINO ("City")~ and CATELLUS LAND AND DEVELOPMENT CORPORA TION, a Delaware Corporation ("Catellus"). A. Regarding the City Public Works Standard Requirements under Section 3 (g) for the Development Permit (Type II) No. 03-06 for the industrial building at the Northwest Comer of Mill Street and Doolittle Drive in San Bernardino, California dated June 26, 2003, this Utility Undergrounding Agreement is being executed as a prerequisite to the issuance of a Certificate of Occupancy ("Certificate") by the City for a building more fully described by the City under Building Permit Number B0402326 and Public Works Permits No: E00400407, E00400408 and E0400468. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: AGREEMENTS 1. Catellus agrees to pay the City the grand total amount of $432,677.00 within 30 days of the date of execution of this Utility Undergrounding Agreement for the work described in the following exhibits: . $16,319.50 as described in Exhibit "A" by Adelphia; . $155,087.36 As described in Exhibit "B" by Southern California Edison; . $6,639.57 as described in Exhibit "c" by Verizon; . $20,470.00 as described in Exhibit "D" by Gregg Electric, Inc.; . $90,652.00 as described in Exhibit "E" by Gregg Electric, Inc.; . $43,660.00 as described in Exhibit "F" by Gregg Electric, Inc. Subtotal $332,828.43 Administration (15%) $49,924.26 Contingencies (15%) $49,924.31 Grand Total $432,677.00 The above Exhibits are attached hereto and made a part hereof. This work shall consist of the undergrounding of the overhead electrical wires, TV cable, and telephone lines along the Mill Street frontage of parcel # 0136-391-05, 0136-391-07, 0136-391-19,0136-391-20,0136-391-26, 0136-331-11, 0136-331-12, 0136-331-14, and 0136-331-15. More specifically as indicated in the following exhibits: . Exhibit "G" by Adelphia dated June 15, 2005, consisting of a Print of City Drawing No. 11205, Sheet 2 of 5, with hand written notations added by Adelphia on 6-15-05) 2005-424 Utility Undergrounding Agreement with Catellus Land and Development Corporation DPIl 03-06 Located on Doolittle Drive and Mill Street Page 2 of4 . Exhibit "H" by Southern California Edison (drawing # 3157212 dated June 21,2005 consisting of three (3) sheets) . Exhibit "I" by Verizon (work order #0415-8P001-AX drawings #1 and 2 with an issue date of 05/05) The above Exhibits are on file in the office of the City Engineer and are incorporated by reference. 2. In consideration of payment of these funds the City hereby agrees to release, acquit and forever discharge Catellus from such undergrounding duties. 3. This Utility Undergrounding Agreement contains the entire agreement between the parties and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. This Agreement may be amended only by a written instrument signed by both parties. / / / / / / 12/01/05 2005-424 Utility Undergrounding Agreement with Catellus Land and Development Corporation DPll 03-06 Located on Doolittle Drive and Mill Street Page 3 01'4 IN WITNESS WHEREOF, the City and Catellus have executed this Agreement as of the date first written above, to be effective as of the date of receipt of the Certificate of Occupancy by Catellus. CITY OF SAN BERNARDINO CATELLUS CA TELL US LAND AND DEVELOPMENT CORPORATION, a Delaware Corporation By: , / /' / ! /' ,// V Neil Derry, Mayor Pro Tern City of San Bernardino By: &<<A~ tvvc~ Title:Sf.~\ce/p~.u- ATTEST: By:~h.~ Rachel Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: 12/01105 2005-424 Utility Undergrounding Agreement with Cate\lus Land and Development Corporation DPlI 03-06 Located on Doolittle Drive and Mill Street Page 4 of 4 SUMMARY OF EXHIBITS Exhibits "A" through "F" are attached hereto and incorporated herein. Exhibits "G" through "I" are full size plans on file in the office of the City Engineer and are incorporated by reference. EXHIBIT "A" Adelphia Letter Dated June 15, 2005 Outlining Facilities Relocation Costs EXHIBIT "B" Southern California Edison Costs EXHIBIT "C" Verizon Letter Dated July 14,2005 Outlining Facilities Relocation Costs (3 pages) EXHIBIT "D" Gregg Electric, Inc. Cost for Providing Infrastructure Required by Adelphia Dated June 30, 2005 (2 pages) EXHIBIT "E" Gregg Electric, Inc. Cost for Providing Infrastructure Required by Southern California Edison Dated June 8, 2005 (2 pages) EXHIBIT "F" Gregg Electric, Inc. Cost for Providing Infrastructure Required by Verizon Dated August 11, 2005 (2 pages) EXHIBIT "G" Adelphia CATV Design Dated June 15, 2005, consisting of a Print of City Drawing No. 11205, Sheet 2 of 5, with hand written notations added by Adelphia on 6-15-05. (Full size plan on file at the office of the City Engineer) EXHIBIT "H" Southern California Edison Undergrounding Design (drawing # 3157212 dated June 21,2005 consisting of three (3) sheets) (Full size plan on file at the office of the City Engineer) EXHIBIT "I" Verizon Undergrounding Design (work order #0415-8POOI-AX drawings #1 and 2 with an issue date of 05/05) (Full size plan on file at the office of the City Engineer) 12/01/05 2005-424 Utility Undergrounding Agreement with Catellus Land and Development Corporation DPIl 03-06 Located on Doolittle Drive and Mill Street Page 4 01'4 SUMMARY OF EXHIBITS Exhibits "A" through "F" are attached hereto and incorporated herein. Exhibits .'G" through ''I'' are full size plans on file in the office of the City Engineer and are incorporated by reference. EXHIBIT "A" Adelphia Letter Dated June 15,2005 Outlining Facilities Relocation Costs EXHIBIT "B" Southern California Edison Costs EXHIBIT "C" Verizon Letter Dated July 14,2005 Outlining Facilities Relocation Costs (3 pages) EXHIBIT "D" Gregg Electric, Inc. Cost for Providing Infrastructure Required by Adelphia Dated June 30,2005 (2 pages) EXHIBIT "E" Gregg Electric, Inc. Cost for Providing Infrastructure Required by Southern California Edison Dated June 8,2005 (2 pages) EXHIBIT "F" Gregg Electric, Inc. Cost for Providing Infrastructure Required by Verizon Dated August 11,2005 (2 pages) EXHIBIT "G" Adelphia CATV Design Dated June 15,2005 (Full size plan on file at the office of the City Engineer) EXHIBIT "H" Southern California Edison Undergrounding Design (drawing # 3157212 dated June 21, 2005 consisting of three (3) sheets) (Full size plan on file at the office of the City Engineer) EXHIBIT "I" Verizon Undergrounding Design (work order #0415-8POOI-AX drawings #1 and 2 with an issue date of 05/05) (Full size plan on file at the office of the City Engineer) 12/01/05 2005-424 Adelphia 1500 Auto Center Drive Ontario, CA. 91761 Voice (909) 97~3341 Fax (909) 97~3471 June 15,2005 Gregg Electric 608 W. Emporia ()nUUio,Ca.991762 Attn: Mr. Dave Green RE: R-20B Project @ 570 E. Mill St, San Bernardino Mr. Green, Attached is our CATV conduit design for your above project. I have listed below the cost for the relocation of our facilities at this project. As discussed, the developer will have to provide and place the conduit per our design at their expense. ()nce the conduits are placed our contractor will install the pull boxes, pull and splice our cables and remove our overhead facilities. The cost for our labor and our material will need to be paid for by the developer. Please forward a check to me in the amount below for processing. Please note that will not be able to start any work until we receive the check. If you have any questions please let me know. Adelpbia Communications 1500 S. Auto Center Dr. ()ntario, Ca. 91761 Amount= $16,319.50 oel Altman, Lead Construction Technician Adelpbla Communications Desert Systems Tel. (909) 975-3341 Fax.(909) 975-3471 EXHIBIT "A" 2005-424 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES (Substructure Installation by Applicants) THIS AGREEMENT. made this 3^d. day of . It ( 1~ Lurt .20 gS- , between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, herei fler called "Company", and the party or parties whose names are subscribed hereunder as "Applicants", WITNESSETH: WHEREAS, Applicants have requested Company, pursuant to Section C. of Company's Rule No. 20, Replacement of Overhead with Underground Electric Facilities, except as modified herein, to replace Co~any's existing overhead with underground electric facilities at the locations in the County of a", AO/1~; ~ ,-, ,State of California, substantially described as follows: In I 1\ stAasci \1)CXJ \ \ H; LlL U^ ~'^ ~~,-0, Cc,- and as shown on the map attached hereto and made a part hereof; and WHEREAS, It is necessary for all property owners served from Company's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnished from Company's underground electric system in accordance with Company's rules and that Company may discontinue Company's overhead service upon completIOn of Company's underground facilities, and WHEREAS, Company is willing to replace Company's existing overhead with underground electric facilities provided Applicants pay in advance a nonrefundable sum equal to the estimated cost of the underground facilities, exclusive of Applicant furnished and installed facilities, less the estimated net salvage value and depreciation of the replaced overhead facilities; and WHEREAS, Underground service connections to each applicant from Company's underground electric system will be installed and maintained as provided in Company's rules applicable thereto; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows, viz.: I. Applicants will pay to Company concurrently with the execution hereof the nonrefundable amount of $ \ 55 <J8 '1. ::>:,g , which is equal to the estimated cost of the underground facilities, exclusive , of Applicant furnished and installed facilities, less the estimated net salvage value and depreciation of the replaced overhead facilities. The amount contributed thereto by each of said Applicants is designated after his name hereinafter. :2. Applicants will furnish and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, and electrolier bases, and perform other work related to structures and substructures including breaking of pavement, trenching. backfilling, and repaving required in connection with installation of the underground system, all in accordance with Company's specifications and timing requirements at Applicant's expense. 3. Company will complete the undergrounding of said overhead distribution electric facilities. provided, however, Company has been granted rights of way therefor satisfactory to and without cost to Company. seE CSO 156-4 REV '1101 EXHIBIT "B" ft U PO'1nled on recyc:led paper 2005-424 4. Parties hereto do hereby declare it is their mutual intention that title to and ownership of said underground structures and substructures, consisting of pads, vaults, conduits, ducts, boxes, and electrolier bases shall vest in Company. Applicants do hereby agree, that immediately upon completion of the underground system described hereinabove and acceptance by Company, title to each and every component part thereof shall immediately pass to Company without further action upon the part of Applicants. 5. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service may be furnished from Company's underground electric system in accordance with Company's rules, and Company may discontinue Company's overhead service upon completion of Company's underground facilities. 6. This contract is subject to the Rules of Company. 7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY By REGION OR DIVISION MANAGER ~~VI(,Q -P b../Y1 ...,,,, Q.A. REGION OR DIVISION SIGNATURE OF APPLICANTS ADDRESS AMOUNT CONTRIBUTED lQO 7, 1- 'l"L1o 1 LR43\ - TL~~ 5 11.1 ~ 5'1 cl?.. O\l~ 'Rom()vo1 $ I q, {pg~, 2-~ U.~^'jr<H"'f\CJ.. 1 ^<:'+Gl..II<A.+;o(\ $ 13S, '"1,<=1'1. 10 $ tLlJ.stol'Y\Q..r N<:1r}'1.~ $ ~ I cyv'-o..:f ...U' ...lL- $ $ 1':55 o<g 1, :''6 , I.Q-.j.~ P ho"'-L- TOTAL Witness Address 156-4 -2- EXHIBIT "B" lr'nNTINTTli'n\ .2005-424 . {!1Jeylt:.. w.o. t(Q)f~ Verizon COmm\I",ClIItlOna I" July 14, 2005 Catellus Development Corp. Attention: Scott Mullcay 3990 Westerly Place, Suite 120 Newport Beach, CA 92660 Reference: Verizon Work Order: 0415-8POOIAX Location: !70E. Mill St., San Bernardino Proposed Work: Conduit placement only om, ~ ver'ZIlI1 1980.o.angtt Trllll ~. Suila 100 Redtinde. CA 92374-2803 The estimated cost of the work you have requested from Verizon California Tncj is $7,099 .S7. As stated, this fiaure is an estimate and only covers the costs to reldcatc Vemon facilities, which includes California in Aid of ConstnK:tion surcbarie of 18~. Your agreement with Verizon is to pay for the actual cost of the work, which may be grc-tlter or less than the estimated cost listed above. If the actual cost is greater _ban the estimated cost, you will be billed the additional charges. If the actual cost is lesS than the estimated cost, you will receive a refund. In accordance with Verizon Califo_ Inc. and Cat PUC No. D&R governing the recovery from customers of the actUal costs of facility rearrangements, Verizon requires collection of the full amount of the estimated i:ost of your work in advance before any work can begin. . During out performaJa of the requested work, an additional advance payment j;ould be required should )'OU alter the scope of work, take oll1er action which would cause us to incur additional costs, or jf we encounter unforeseen events or field conditions. : If you agree to these bmDS, please indicate your acceptance by signing and dating this agreement and forward this signed letter of agreement, returning the enclosed ~dvBDCC Payment Transminal form (retain pink copy for your records) and a check for 5.6,639.57 made payable to Verizon California Inc. For your convenience and use, we have enclosed a self-addressed envelope. Upon receipt of your signed agreement and check, I. will complete your work order and release it to our Construction Department for scheduling. EXHIBIT "c" -20P5':'424- --- Catellus Developinent Corp. July 14. 2005 PaSt 2 Engineering Deposit wad received on 03/25/05 in the amount of $460.00. If y~ request that the job be cancelled. the Engineering Deposit wUl not be Rfunded and all ~terial and labor already charaed against this job will be considered as actual costs of the jdb. You would be refunded the diffeRl1CC in the actual costs and the amount paid. V crimn will attempt to complete the work for which it is responsible under this"agreement within 90 days after receipt of payment and a fully executed copy of this ~t and attached agreementS are received. However, no damagel or other liability shall aeeNe against Verizon in favor of the CUstomer if the work is not completecl within said period due to Vcrizoo's action or the action of ather utilities, agencies or other compQies, whicb may have become involved in this project. . The costs and enginecrina specifications will be null and void if this letter is not. signed and returned within 30 days from this date or if customer requests a new engineering study. If you have any questions concerning this maner. please contact Ben Bauer at rXJ:J/ 748-6644. ~iM- Nancy E. Nagel Section Managcr~NetworJc Engineering CA:cc Enclosures A<<eptance: EXHIBIT "c" (CONTINUED) i:'t:I'\I1 aT; V t:.n.1.LUI.., "2005-424 Advance Payment Transmittal Form ~ veril2" 20."'11 Jo04 VERlZON EAST (S.iect ~ CompanylllualMU Unit): o DC 0 DE 0 IlID 0 III! 0 NH 0 NJ 0 PA 0 Itl 0 VA. 0 'It o CTIJAA 0 MNJRA 0 NY/JRA j VERIZOH WEaT (SeleCt mw CPM$ CompMY.,Juriadictlon" CocIM (SAP.oPARS CompMY CocIM): : ~"..cA (101o-W<<:) 0 CWl-NV (101o-wJP) 0 N12-CN (1032-iWW) 0 Tl2-W4 (10l1().8NHj o CC1-T4 (1050-9TX) 0 E' '-Ne (10e0.9SE) 0 S11-TX (1050-9fS) 0 TL3-17 (1060-9NX) : " JurisdiG\iOn Code Tt.n$. o CS1-R2 (10e0-9SD) 0 E1 '.SC (1060-9SE) 0 TG1-MI (1080-laNG) 0 T01.QH (10a0.llNCI) ID StI.. Abbr.: o CS1-S2 (1Q80..GsG) 0 E11-VA (1060-ME) 0 TG3-MS (118Q.GNZ) 0 TP1.pA (101l0.8NPl o CS1.V'2. (1ll8G-9SB) 0 F11-FL (1070.981') 0 TI1.IN (1Q80.9NI) 0 Tf'2-P3 (10e0.9N8) o CW1-07 (1030-iWM) 0 H11.HI (1Q20-9WH) 0 T12.16 (108(}-8NF) 0 TP2-QS (1080-9N8j o c:N1.WN (1Q30.SWMl 0 N11-ID (1030-SWN) 0 T13-18 (11eo-gNlj 0 lW1.Wl (1()8().9tM) O.CW2-AZ (101o.QWP) 0 N"-OR (1030-MN) 0 11..1.IL (101l0-9Nl) . o CW2-C5 (101G-UWP) 0 N11.WA (1030-WJN) 0 fL2.11i (101J0.8NH) PLlASE TYPE OR PRINT lalld B ("6" i. West) Ullt. ost Billi B1HIptlWortl Cnter (West owly): Coutncdoll A.... Total AllIo..t o 'lNA CN-CA. C5;oCA. t5-1L. l6=IN, 17.olL, ''''IN. Ma-Ml 07-oR, P3-PA, QS-PA, R2=NC, S2=SC, T~TX. V2rNA. 'f/MIMIA. WI='M Clleck One: R ted 811II Rapo_tlNlty Code (Eat 0.1y): VZ . MD (CATV UIe 0.11) Ea....ri.. A.mt. uaJt Cost BlIIlaI $ S S Castomer N.me Tdepboae Number Tota' Aciva.ce paym,"t Amoult (};ZU(tft. J:::};V~~fl1.~t'",d). I ul~~::J9.~7 e...to..... Addr.. 0 Ci Zip Cod~ ,-399/J W~ Tl.iVr:, ZOI M ge~q,{) --.--..P CWOl1f (Eat Oily) ! P1aat Loadolt Code (Wed 0.1y) 0416 I ! Work Ordlr 1# ("""rl... West 0111)') l3p(1OIAX I Fl. N..ber Dlte p.red '/, j "" ZJ Codt P , Customer: I.) ......kIt YOllr pay".1 payable to Vemo. l.) Detacla tile cUlonler copy (pink) for yoar ncordl. 3.) Mail tll. ron.. YOIIr pay.at aod tile s!ptel .11ft_eat ....r to: v.rtzon-RPC ~ -nil/it -''': ~zc.j P.O. Box 60 . Itlff ~REE Cocke-viii. 110 21030 . /..111/, I ~re7?;~... ~ 1- , :~0II9Z~~- P..... allow uvea (7) buIlD.. day. for paYIMat proemial. Verlmu wll aodfy you "Ian tile pay.,.llIu ben ree~ and ZlJo:j provide yo. with a eo......ctioa work selledll'" . Procased By: , TelepbG1l1 NUlllb.r i Amount JournaJized · ! Dill Received (spa) ! I While - SPB Unil Canary RPC . EXHIBIT "C". Pink - Customer II"I_-'T!TIT1Il.TTTT.'Tto'\ 200$-424 .. 05/30/200~ 14:33 9099836912 9099835912 GREGG ELECTRIC PAGE IH/El2 ( gUf/9 ~ ffntJ. CONTRACTORS ENGINEERS License NO. 201042 608 WEST EMPORIA. ONTARIO. CALIFORNIA 91762 · 909-983-1794 FAX 909-983-6912 CHANGE ORDER REQUEST TO: Fullmer Construction Co. DATE: June 30,2005 1725 S. Grove Ave. GEI#: 4300 Ontario, Calif 91761 CORN: 9 Attn: Danny Mitchell Ref: Catellus Mill & DoolittlelCott Beverage HDLD fr.JA '\ ~1'i?;),""tN..' . ~ ~ .~) 'Y~! '0. Dear Danny: We offer the following change order request for your consideration per your request. ( Our FWO Description Price RHf Ref: 9.1 Adelphia offsite underground on City of S.B. drawings dated $20,470.00 3/23/05, sheet # 20f 4 This work will need to be complete after the old AC is removed on Mi\ls and before the street aDd Sidewalk is repaved. ApJ"OLl-weeks work. After approval. Total this COR $20,470.00 Please issue your change order for same if we are to include this work in the current project. This pricing is valid for 1 0 days 01 as indicated above. Sincerely yours, Gregg Electric Joe. Jim Fehlman ( EXHIBIT "D" 2005-424 - 06/30/2005 14:33 '30'3'3836'312 GREGG ELECTRIC PAGE 02/02 ( \ , Gregg Electric Inc. 608 W. Emporia St. Ontario, Calif. 91762 Voice 9091983-1794 Fax 909/983-6912 e Order Worksheet 4300 COR Ne>: 9.1 catellus 785K Offsite Adelphia underground 06130/05 l7at:uud by: JAF 1'lr::=rr~i,~~'r.i!i'II1"1'Il"~ll~~;~";~';:F'7'~"--:'T""~-"'~W~-"~~'~;T,---:i:fl";:~;T- ~Jeril.:>j:~~{r~-~.::r;~j.:rt!H:~':>I,.~:.;t{~::}.:r'I":,:,~/~u 1:1~:<'j~j~i:Li'>-<;~~_lr:L0~~~~J",~;,~...,....<-..J_t-'_/~_J~..~,.).....,.;..,....,../ or . , , , I .l II . IJ ~, .' '~J'" ~:ilL';'~~;7";=,~1~it71.P.l'l'm"m:mr:;;,-rc;;~m~;,1:-:= r1\7 -7"'"":7"'-'::'.1;, ',--: ;'~: '";nT -0-;-;: ~r:-.;-'--":>T' :Jl.~~'_.b.{lti:lN~YG;':)!~.lli1@~";~_:r''''''!~''''';'''!\'...f>.; ...-v,.' trf:! :f: 'l~t1"t.{1~ I r:' ,~~ \'f' -11' ,rl ~~...., ~\l ...... ~rl";f,:~ll,~, i,:"" ~_.J..J '-ft-.J, I'; l)..-'f _.' "'~-'1',.L.::' ~ I? "';",r''';'- l.J(~~.,,'{..: ~ ( 1 2 3 4 5 6 7 8 9 10 25 26 27 28 29 10 $1.653 0.036 3170 $0.817 0.035 29 $14.000 0.400 40 $4.500 0.000 2 $2500.000 4.000 3200 $0.068 0.005 0.0 0.0 0.4 111.0 11.6 0.0 0.0 0.0 6.0 16.0 0.0 0.0 0.0 0.0 0.0 146.9 '1[IV ~,; "! , ,~"! ", f, Total Direct labor Hours 0% Clean-u labor 0% Job-Site Safety Program 0% As-Built Records Total Labor Hours Workman Hou Rate 25% Working Foreman Supervision 0% Non Working Fmn supervision Total Direct labor Costs 0% Small Tool n5e 23% labor Taxes 148,9 0.0 0.0 0.0 146.9 $44.97 $3.57 $52.11 labor SUbtota' Overhead Profit Bond Fee 0% otal This Chan e Order Item $17 601.84 $0.00 $17,801,154 $2870.25 $0.00 $0.00 $20,471.89 ( EXHIBIT "D" (CONTlNIJF.ill (, o . > 2005-424 ", 06/031'2005 18:13 91399836912 9099836912 GREGG ELECTRIC PAGE 01/€12 ( ;,j g~!} $.attl4 .one. CONTRACTORS ENGINEERS liCense No. 201042 608 WEST EMPORIA . ONTARIO, CALIFORNIA 91762 . 909-983-1794 FAX 909-983.6912 CHAN'GE ORDER REQUEST TO: FuIhner Construction (0. DATE: June 8,2005 1725 S. Grove Ave. GEJ#: 4300 Ontario, Calif 91761 CORN: 8 Attn: Danny MitcheD. Ref: Catellus Mill & DoolittlelCott Beverage Dear Danny: We offer the following change order request for your consideration per your request, l Our FWO Description J'rice Ref Ref . 8.1 SCE off site underground on City ofS.B. drawings dated $90,652.00 4/24/05, sheet # 20f 4 and 3 of 4. This work will need to be complete after the old AC is removed on Mills 00.;1 before the street is repaved. Aprox. 2~weeks work. eyre are waiting for final app.oved SCE dwg. They are not supposed to change, per the &ison. Planner) . Total this COR $90,651.00 Please issue your change order for same ifwe ate to include this work in the current project, This pricing is valid for 30 days or as indicated above. Sincerely yours, Gregg Electric Inc. Jim Fehlman ( EXHIBIT "E" .2DOS';..424 86/08/2865 18:13 '38'3'3836'312 ( Gregg Electric Inc. 608 W. Emporia 5t. OntariO, Calif. 91762 Voice 909/983-1794 Fax 909/983-6912 ( GREGG ELECTRIC PAGE 82/02 8 Order Worksheet 4300 COR Nt1: 8.1 CateUus 785K OOsite SCE underground 06108105 Prt1c&uea by; JAF 3300 $1.940 <4 $75.000 50 $D.na 1100 $1.260 12 $30.900 6 $100.000 35 .000 1340 $4.500 4 $2,500.000 4500 $0.068 90 $68.000 1 $7940.000 2 $50.000 1 $2.500.000 1 $200.000 1 924.000 1 $1,000.000 30 $65.000 25 $45.000 1 $1,500.000 200 $3.000 4 $200.000 1 $50.000 12 $75.000 ~.~~,......~ ~ -....,----------.-~ .---~ . . - - ----- ( LabOr Subtotal $8 02.00 $300.00 $38.80 $1,386.00 $370.80 $600.00 $2,275.00 $a 030.00 $10,000.00 $306.00 $6,120.00 $7 940.00 $100.00 $2,500.00 5200.00 $924.00 $1,000.00 $1,950.00 $1125.00 $1,500.00 $600.00 $800.00 S50.00 900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $53,417.60 O. 0.700 0,030 0.030 0.500 1.000 0.250 0.000 4.000 0.005 0.250 24.000 4.000 0.000 B.OOO B.oOO B.OOO 0.250 0.500 16.000 0.000 2.000 2.000 0.500 gg. 2.8 1.5 33.0 8.0 6.0 8.8 0.0 16.0 22.5 22.6 24.0 8.0 0.0 8.0 8.0 8.0 7.5 12.5 16.0 0.0 B.O 2.0 6.0 0.0 0.0 0.0 0.0 0.0 326.1 - ""(' -~--;-:~--(~ .l f. $14,662.47 Total Material & labor $ 1.00 Warranty Cost $0.00 $14,953.47 OVerhead $0.00 Profit $3.439.30 Bond Fee 0% $18,392.77 otal This Chao e Order Item $78,828.10 SO.OO $78,828.10 $11,824.22 $0.00 $0.00 $90,652.32 0% Total Costs 15% EXHIBIT "E" '2005-424 138;11'21305 16:27 9099:336':'1 ."2 98'3'3:3%'31.:' Gf;:E'3G ELECTF'r,: PAGE 61/02 ( g~9 ~ia, [/na. CONTRACTORS ENGINEERS License No, 201042 608 WEST EMPORIA' ONTARIO CALIFORNIA 91762. 909'983-1794 FAX 909.983.6912 CHANGE ORDER REQUEST TO: Fullmer Construction Co DA'IE: August 1 1,2005 1725 S. Grove Ave. GEl#: 4300 Ontario, Calif 91761 COR#: 13 Attn: Danny:Mitchell Ref: Catellus Mill & Doolittle/Cott Beverage Dear Danny: We offer the following change ,)rder request for your c-.onsider3tion per your request. ( Our FWO Description Price R~I ReI' - 13.1 Vetizon offsite underground, drawings dated 8/4/05, sheet # $43,660.00 lof2 and 2 of2. work order # 041S-8POOI-AX This work would ooed to be installed along with SCE underground work in joint trench. on Mill street. Per OUT COR #8. TotAl this COR $43,660.00 .-- .- Please issue your change order for same if we are to include this work in the current project. This pricing is valid for 30 days or as indicated above. Sincerely YOllrs, Gregg Electric Inc. Jim Fehlmml EXHIBIT "F" .2ao~.~nt 2005 it.: :'7 .30',',:3,:E,',l.: '3PEGG ELECTPIC PAGE 02/82 ( Change Order Worksheet Gregg Electric Inc. 608 W. Emporia St. Ontario. Calif. 91762 Voice 909/983-1794 Fax 909/983-6912 'ob No; 4300 I 12.1 ob Ncm/fJ Catellus 7SSK Out. Ref: Verizon ol'lsite underground Da,e' 08/11/05 l.prtlCPJ.sed by. JAF ;:~i~,;,;,>,'. $Ul60 $50.B80 $80.240 $2500.000 $4.500 SO. 085 555.000 $2 275.000 $800.000 $100.000 $1 653.000 $850.000 $500.000 $100.000 $75 000 ( ~~ :0. Total Direct Labor Hours 0% Clean-u Labor 0% Job-Site Safety Program 0% As..Built Records Total Labor Hours Workman Houri Rate 25% Working Foreman Supervision 0% Non Working Fmn Supervisiun Total Direct Labor Costs 0% Small Tool E ense 23% Labor Taxes L.abor Subtc ;.~I 53,304,80 $356.16 $641.92 $7 500.00 $261000 $206.55 $000.00 $2,275.00 $800.00 $100.00 $1 85300 $1,70000 $1 500.00 $300.00 $300.00 so~o SO.OO SO.OO $0.00 $0.00 so. 00 $0,00 $0.00 $0.00 $0.00 SO.OO $24,107.43 0.030 1.000 1.000 4.000 0.025 0.005 0.250 16.000 8.000 4.000 6000 6000 6.000 2.000 1.000 72.9 70 a.o 12.0 14.5 12.2 3.0 180 a.o 4.0 6.0 12.0 18.0 6.0 4.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2 .6 ~ - -- --- -- '0% Total Costs Overhead 15% Profit Bond Fes- 0% otal This Chan e Order Item EXHIBIT "F" ((",ONTTNTTED\ ,,"'~~. c::~'a D___' ___6' "'fil{,' r , u" u!I ,." The Global Distribution Solution CERTIFICATE OF ASSISTANT SECRETARY The undersigned, Rondi 1. Boroos, being the Assistant Secretary of Catellus Land and Development Corporation, a Delaware corporation (the "Company"), hereby certify that Charles A. McPhee is a duly qualified and elected Senior Vice President ofthe Company as of the date hereof and he is authorized to execute documents on behalf of the Company. IN WITNESS WHEREOF, the undersigned has executed this Certificate as ofthe 30th day of November, 2005. ~/1~ Rondi 1. Boroos, Assistant Secretary