HomeMy WebLinkAbout13-Development Services
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
Dept:
Development Services
Resolution approving a Utility
Undergrounding Agreement with Catellus
Land and Development Corporation, a
Delaware Corporation, for undergrounding of
overhead utility lines along Doolittle Drive
and Mill Street.
From:
James Funk, Director Subject:
Date:
December 1, 2005
File No.
DP II 03-06
MCC Date: December 19,2005
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution.
~lwJ ~
James Funk
Contact Person: Mike Grubbs, Eng. Mgr./Field Engineer
Phone:
5179
Supporting data attached:
Staff Report: Resolution:
Agreement (Attachment "1")
Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: N/A
Acct. Description:
Finance:
Council Notes:
/~/Iq/os
Agenda Item No. /3
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resalutian approving a Utility Undergrounding Agreement with Catellus Land and Develapment
Carparatian, a Delaware Carparatian, far undergrounding af averhead utility lines alang
Daalittle Drive and Mill Street.
Backeround:
On June 26, 2003, the Environmental and Develapment Review Cammittee (E/DRC) approved
Develapment Permit (Type II) No.. 03-06 to. canstruct two. industrial buildings at the narthwest
carner af Daalittle Drive and Mill Street. The applicant far the project was Catellus Land and
Develapment Carparatian.
Sectian 19.20.27 af the Develapment Cade requires that new develapment an a parcel af mare
than ane acre in size shall, subject to. certain exceptians, underground all averhead utility lines
traversing ar installed alang either side afthe streets and alleys adjaining the praject site.
The averhead utility lines are lacated adjacent to. the site alang Mill Street and Daalittle Drive.
The averhead lines cansist af 12,000 valt electric distributian lines, an Adelphia TV cable, and a
Verizan Telephane cable, all af which are required. as a canditian af develapment. to. be
undergrounded in accardance with provisians af Sectian 19.20.27. Catellus Land and
Develapment Carparatian has abtained quatatians far the casts af undergrounding the various
lines and the quatatians are shawn as Exhibits "A" through "E" to. the Agreement. The total cast
af undergraunding all averhead lines adjacent to. the site is 5432,677.00. The tatal cast ll1cludcs
15'/'0 far the City's administratian cast and 15% far cantingencies.
Catellus Land and Develapment Carparatian has requested by letter dated May 25. 2005 (capy
attached). that it be allowed to. pay the cast af undergrounding the averhead lines as pravided by
Scctian 19.20.27 in lieu af perfarnling the actual undergrounding. Sectian 19.20.27 allaws 1,)1'
the cast 0.1' the undergrounding to. be paid in semi-annual installments aver a period of 5 years:
however, Catellus Land and Develapment Carparatian is propasing to. make a single cash
payment af the full amaunt to. the City upan approval af the Utility Undergrounding Agreemcnt.
(See Attachment "I ").
The attachcd Utility Undergraunding Agreement provides that Catellus Land and Devclapmcnt
Corparatian shall make a cash payment in the full amaunt af 5432,677.00 to. the City within 30
days 0.1' apprO\al 0.1' the Agreement. Upan payment 0.1' the full amaunt 0.1' the undergrounding
"u. latellus Land and Develapment Corpo.ratlo.n will be relievcd o.f any furthcr respanslbilltv
far undergrounding overhead lines adjacent to. their development.
Thc payment far undergraunding utilities alang Mill Street and Daalittle Drivc will bc rcceiptcd
IntO. trust accaunt no.. 772-181-2365-0000, which was established far cantractar paymcnts far
undergraunding of utilities. The funds will be used to. supplement a futurc large scale
'lndcrgrounding prOtect alang Vlill Strcct in the vicinity 0.1' Do.o.littlc Drivc.
R\..'\' l~ ()lll_~ :~:~() 1)\1
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (CONTINUED)
The attached Utility Undergrounding Agreement meets the requirements of Section 19.20.27 of
the Development Code and approval is recommended.
Financial Impact:
None.
Recommendation:
Adopt Resolution.
3
Rev: 1208/05 9:26 AM
+
CATELLUS
May 25, 2005
Mr. Lynn Parker, Senior Civil Engineer
Development Services Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 9241S..()()(}1
SUlIJECT: UTILITY UNDERGROUNDING FOR 570 E. MILL STREET
DEVELOPMENT PERMIT 03-06
Dear Lynn:
With the approval of Development Permit II 03-06, dated 8/1712004, Condition no.3g
requires "All existillg overlletUl IIIiliIies tldjllCmt to or l1'~rsing tile site 011 eltltu side
of tile street slulll be II1UIergroll1lded in tlccord/lllce wltIt Section 19.29.030 (11011-
sllbdMsions)!' As discussed with you on May 17, 2005, Catellus Development is
requesting the elimination of this condition by having the option of paying for the costs
of undergrounding utilities, in lieu of undergroundi:ng the utility lines, as outlined in
Section 19.30 of the Development Code, which states:
"A S"bdivider witll properly fronttlge of /lilY Imgth IIItIY elect to
enter into /III IIgree_nt witll the City to defer tile "ndergro"nding
IUItlI tile IItiUty lines 410'" tile fronttlge of one or more of tile
adjoining ptU'ce1s an II1UIergroll1lded. The IIgreement shtlll reqllire
tile cost of tile "ndergro""din" tIS determined plUSlI/IIIt to
sllbsection (3)(B) to be _de in semi-tlnnlltll fItIY_nts over tI period
of 5 yetu'S. TIle tlgreement slltlll be secllnd by tI bond, or secllrlty
interest in tile subject reIlI property".
Catellus is currently working with Southem California Edison, Adelphia, and Verizon to
obtain cost estimates. The preliminary cost estimate at this time is $ 465,000.00. The
final cost estimates will be forwarded to your office once we receive them.
Should you have any questions, or require any additional information, please feel free to
contact me at (949) 251-6171.
Sincerely,
C~7M VELOPMENT CORPORATION
t:; C~hrun
Associate Vice President
,
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3990 WESTERLY PLACE, SUITE 120. NEWPORT BEACH, CALIFORNIA 92660. TEL(949) 251-6100. FAX (949) 251"()766
1
2
3 RESOLUTlOl\ OF THE MAYOR AND CO!\1:\lO:'\ COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE 1\1 A YOR TO EXECUTE A LTlLITY
4 U~DERGROUNDING AGREEMENT WITH CATELLCS LAND Al\D
DEVELOPMENT CORPORATION, A DELAWARE CORPORATION, FOR
5 UNDERGROl:NDING OF OVERHEAD UTILITY LINES ON MILL STREET Al'ID
6 DOOLITTLE DRIVE.
RESOLl:TlOl\; NO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUl\'CIL OF THE
CITY OF SAN BERl\ARDI]\;O AS FOLLOWS:
8
9
SECTION 1. THAT THE MAYOR is hereby authorized to execute the Ctility
10 Undergrounding Agreement (see Attachment" I" and incorporated herein) with Catellus Land
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 he implied from any act or
19
course of conduct of any partv.
20
21 SECTlO~ 3. This resolution is rescinded if the parties to the Agreement fail to
22 execute it within sixty (60) days of the passage of the resolution.
23 III
24
25
26
27
28
III
Ylo. /3
!:L/ 19/6~
1
2 RESOLl'TIO:\... AlTHORIZI:\G THE i\IA YOR TO EXECLTE .\ lTILln
tNDERGROC'\DIl"G AGREDIENT "'ITH C.-\TELLlS L-\ND AND
3 DEYELOPI\IEl\T CORPORATION. A DEL\ "'ARE CORPORATION. FOR
lTl\DERGROUNDING OF OVERHEAD lTILITY LINES ON 'IILL STREET AND
4 DOOLITTLE DRIYE.
5
6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the \lalor and
7 Common Council of the City of San Bernardino at a meeting thereuf.
.20 . by the folluWIng lore. to \1 it:
1\A YS
ABSTAIN ABSE~T
Citl Clerk
22
23
24
25
Approved as to
26 flmn and legal content:
The foregoing resolution is hereby approled this
day of
.20
Judith Valles. MaIm
City of San Bernardinu
27 JAMES F. PENMAN.
28 Citl .-\[[orney
^. 1
By: 1,.-("..'7 'J. ,/.\4....
/T . I
/)
UTILITY l'NDERGROl':\DI:\G AGREBIE:\T
This UTILITY lJl\DERGROU"lDING AGREEME'\'T is made and entered into
as of the dav of ,200 bv and between the CITY OF SA1\"
. - ~
BER'\'ARDI'\'O ("City"), and CA TELLUS LAND A:\D DEVELOPMENT
CORPORA TI01\", a Delaware Corporation ('"Catellus").
A. Regarding the City Public Works Standard Requirements under Section 3
(g) for the Developmcnt Permlt (Type II) No. 03-06 for the industrial building at the
:\orthwest Comer of Mill Street and Doolittle Dri\'C in San Bernanlino. California dated
June 26. 2003. this Utility Cndergrounding 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 1\'0: E00400407. E00400408 and E0400468.
NO\\', THEREFORE. in consideration of the premises and for other good and valuable
considcration the receipt and sufficiency of which are hereby acknowledged, it is agreed
as follows:
AGREEr'vIENTS
I. Catellus agrees to pay the City the grand total amount of 5432,677.00
\vithin 30 days of the date of execution of this Utility l'ndergrounding
Agreement for the work described in the following exhibits:
. S 16,319.50 as described in Exhibit "A" by Adelphia;
. 5155.087.36 As described in Exhibit "B" by Southern California
Edison:
. 56.639.57 as described in Exhibit "C" by Verizon;
. 520,470.00 as described in Exhibit "0" by Gregg Electric, Inc.;
. 590,652.00 as described in Exhibit "E" by Gregg Electric. Inc.;
. 543.660.00 as described in Exhibit "F" by Gregg Electric. Inc.
Subtotal 5332.828.43
,\dminlstration (15%) 549,92426
Contingencies (15%) 549.924.31
Grand Total 5432.677.00
The above Exhibits are attached hereto and made a part hereof.
This work shall consist of the undcrgrounding of the o\'erhead 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
(J 136-331-15. More specifically as indicated in the following exhibits:
. Exhibit "G" by Adelphia dated June 15, 2(J()5, consisting of a Print
of City Drawing No. 11205. Sheet 2 of 5, with hand written
notations added by Adclphia on 6-15-(5)
L'lilil) L'ndcrgroundmg Agreement wIth Catellus LanJ and Dc\'dopmcnl Ctllvoratlon
DP]! U3-(J{) LocateJ on Doul1ttle Drne and .\ldl Street
Pa~('': of4
. Exhibit "H" by Southern California Edison (drawing # 3157212
dated June 21. 2005 consisting of three (3) sheets)
. Exhibit ''I" by Verizon (work order #04l5-8POO I-AX dra\\ings # 1
and 2 with an issue date of 05/05)
The abO\'C Exhibits are on file in the office of the City Engineer and are incorporated by
refercn,'e.
) In consideration of payment of these funds the City hereby agrees to
release, acquit and fore\u discharge Catellus from such undergrounding duties,
3, This Utility Undergrounding Agreement contains the entire agreement
hetween 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,
,/i
12!OL05
{"UIJ1Y L'nucrgroundlllg Agrceml..'m \\Jth Catellus Land and Dcn.'lopmcnt CorporatIon
DPll (IJ-U6 LOCJtcd on Doollllle Dn\'c Jnd !\till Strecl
P3gC ~ 01'4
I'\i \\Tf"ESS WHEREOF, the City and Catellus have executed this Agreement as of the
date first \\Titten abo\'e. to be effective as of the date of receipt of the Certificate of
Occupancy by Catcllus.
CITY OF SA)\; BERNARDI'\iO
CA TELLUS
CATELLCS LAND AJ\D
DEVELOPMENT CORPORATION,
a Delaware Corporation
By:
By:
Judith Valles. \1ayor
Title:
ATTEST:
By:
Rachel Clark. City Clerk
APPROVED AS TO FORM AND LEGAL
CO:\TENT:
By ~,12.-,v.. 7 !:~;~~
Omcs F. Penman, City Anolllcy
12'01/05
I :tdlty I "Ildergroundmg Agreement \,"jth Catellus Land and Dc\'clopment Corporatlllll
DPII 03-Ub Located on Doolittle DrI\e and !\.1ill Strcl't
Page... of...
SU!\I:\IARY OF EXHIBITS
Exhibits "A" through "F" are attached hereto and incorporated herein. Exhibits "G"
through "]" are full size plans on file in the office of the City Engineer and are
incorporated by reference.
EXHIBIT "A"
.-\delphia Letter Dated June 15,2005 Outlining Facilities Relocation Costs
EXHIBIT "B"
Southern California Edison Costs
EXHIBIT "c"
Yerizon Letter Dated July 14, 2005 Outlining Facilities Relocation Costs (3 pages)
EXHIBIT "0"
Gregg Electric, Inc. Cost for Proyiding Infrastructure Required by Adelphia Dated
June 30, 2005 (2 pages)
EXHIBIT "E"
Gregg Electric, Inc. Cost for Proyiding Infrastructure Required by
Southern California Edison Dated June 8, 2005 (2 pages)
EXHIBIT "F"
Gregg Electric, Inc. Cost for Pro\'iding Infrastructure Required by Yerizon Dated
August II, 2005 (2 pages)
EXHIBIT "G"
Adelphia CA TY Design Dated June IS, 2005, consisting of a Print of City Drawing
:\ o. I 1205, Sheet 2 of 5, with hand written notations added by Adelphia on 6- I 5-05.
(Full size plan 'on tile at the office of the City Engineer)
EXHIBIT "H"
Southern California Edison Cndergrounding Design (drawing # 3157212 dated June
21,2005 consisting of three (3) sheets)
(Full size plan on tile at the office of the City Engineer)
EXHIBIT "\"
\erizon l'ndergrounding Design (work order #04I5-8POOI-AX drawings #1 and 2
with an issue date of 05/05)
(Full size plan on tile at the office of the City Engineer)
INJ! /05
L'tlill;. Ll1dergroul1dJll~ Agreelllent with Calcllus Land and De\elopJl1~1ll Corpu)";!l](ln
UP]] U3-06 Located on [)ullhnk Om L. ;Jod \1111 SUcct
Pdge ~ of~
SDJ:\IARY OF EXHIBITS
Exhibits "A" through "F" arc attached hereto and inCOlvorated herem, ExhIbIts "C,"
through ''!'' arc 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"
\"erizon Letter Dated July 14,2005 Outlining Facilities Relocation Costs (3 pages)
EXHIBIT "0"
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 \"nizon Dated
August I 1,2005 (2 pages)
EXHIBIT "G"
Adelphia CAT\" Design Dated June IS. 2005
(Full size plan on file at the office of the City Engineer)
EXHIBIT "H"
Southern California Edison Cndergrounding Design (drm\'ing # 3157212 dated June
2 1,2005 consisting of three (3) sheets)
(Full size plan on file at the office of the City Engineer)
EXHIBIT "1"
\erizon l"ndergrounding Design (work order #04I5-8POlll-AX drawings #1 and 2
with an issue date of liS/OS)
(Full size plan on tile at the office of the City Engineer)
12cn.'ij)
Adelphia
1500 Auto Center Drive
Ont8rio, CA. 91761
Voics (909) 975-3341
F8X (909) 975-3471
June 15,2005
Gregg Electric
608 W. Emporia
OnUUio,Ca.991762
Attn: Mr. Dave Green
RE: R-20B Project @ 570 E. Mill Sl, San Bernardino
Mr. Green,
Attached is our CA TV 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. Once 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.
Adelphia Communications
1500 S. Auto Center Dr.
OnUUio, Ca. 91761
Amount= S16,319.50
Thank you,
oel Alttnan,
Lead Construction Technician
Adelphia Communications
Desert Systems
TeL (909) 975-3341
Fax.(909) 975-3471
EXHIBIT "A"
AGREEMENT FOR REPLACEME!'i'T
OF OVERHEAD WITH UNDERGROU!'i'D ELECTRIC FACILITIES
(Substructure Installation by Applicants)
THIS AGREEMENT. made this 3;v-l day of
between SOl'THER!\ CALIFORNIA EDISON COMPANY, a corporation, heret
party or par1les whose names an: subscribed hereunder as "Applicants",
20 9S- '
fter called "Company", and the
WITNESSETH
\VHEREAS. Applicants have requested Company. pursuanr to Section C. of Company's Rule No.
20. Replacemen! of Overhead VI,Jth L'nderground Electric Facilities. except as modified herein, to replace
Co~any's existlTIf overhead v..'ith underground electric facilities at the locations in the County of
a r'\ AOI"I /"U'; ~ ,....." . State of CJlJfofmJ, substantIally described as follows:
Ill! \ (
~"
Sb&.rl \ llCXJ \ I tllz U^
~Q.,'CL..'V~0, Cc,--
and as shown on the map attached hereto and made a pan hereof; and
\\'HEREAS, It is necessary for all property owners served from Company's overhead facilities to be
removed to agree In \>"Titing to perforrr: the wiring changes on owners' premises so that service m~y be !umi.~hed
Irom Company's und~rground electflc systen:. in accordance WIth Company's rules and that Compan) ma)
uls:::OnL.mUe Company's overhead scr\']~e upon completion of Company's underground facilities. and
V./HEREAS. Company is willing to replace Company's existmg overhead with underground ~lectric
fa:::ilJties provided Applicants pay In ad\'ance J nonrefundable sum equal to the eS!lmated COST of the underground
facilities, exclusive of Applicant furnished and installed facilitie:.. less the estimated net sah'age value and
depreciation of the replaced o\'erhead facilities: and
\\"HEREAS, 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;
':';0\\". THEREFORE, in conside:-atlon of the premises, <.Ind of the mutua] promisefi and covenants of
the parties hereto, hereinafter contamed, It is mutually agreed by <.Ind be[\~een the p4.1nleS hereto as follows. \'lZ.:
1 Applicants will pay to Company concurrently with the execution hereof the nonrefundable
amount of $ \ 55 G2. 'l. ~g , which is equal to the estimated cost of the underground facilities, exclusive
of Applicant furnlshed and installed facilitIes, less the estimated net salyage \'alue and depreciation of the replaced
overhead facilities, The amount contributed therew by eJch of said Applicants is designated after hlS name
hereinafter
2, Applicants will furnIsh and mstall the pads and vaults for iransfurm~r:. and aSSOCi;Jled equIpment,
,-'(lnJulls. GUelS, boxes. ;Jnd electrolier hases. and perform other work related to structures anJ suhstructures
m..:iujmg breaking ot pavement, trenchmg. hackflllmg. and repJ\'lIlg reqUired JIl connectIOn WJth installation of the
underground system, all in i1ccordance wllh ComrJny's specifications and tlnllllg: rt''-juirements aT Applicant's
expense
3 Company will complete the under.f!rounding of said O\'erhead distrihutlOn electric facilities.
pro\'Jded, however, Company has been granted nghts of WJY therefor satisfactory to and without casita Compan)
5=~ 'SL ",_" ~t.>
EXHIBIT "B"
..
U ' "~~r,'.,~,_,c,"np.p,,'
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 wrinen.
SOUTHERN CALIFORNIA EDISON COMPANY
By
REGION OR DIVISION MANAGER
,S,J\VICO
-Pb~ ^~Q^
REGION OR DIVISION
wo"l- 1'LLD l
.
Lo431- lL.4~
51LI~
STLll.
ADDRESS
Ow~ 'K.omova-.Q
AMOUNT
CONTRIBUTED
SIGNATURE OF APPLICANTS
$ I q. iPS g. z-'i?
~ '''Y'''-CL 1- vL(' --'2-
LL~O^'jr<>"'I\d- T (1.<'+" [JOe.ho" $ 13S .",<=i'l. 10
$
$
$
TOTAL $ IS 5 o'ill ,2,2S
,
~L.l.,;.to".,"--r N<J.-><Z-
'T.Q..j~pm^-'L
Witness
Address
156-4
-2-
EXHIBIT "B"
trnNTTNTTlf'n\
-- ,
Vetizon Commllnlr.lltionS
{!1JeyJ~ /,IJ.O.
t~\P~
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.
ver'Z2.ft
;-
July 14, 2005
1980 Orange T,.. w.. SlJite 100
RodIands. CA 92374.2803
Catellus Development Corp.
Attention: Scott Mullc.ay
3990 Westerly Place. Suite 120
Newport Beach, CA 92660
Reference: Venzon Work Order: 0415-8POOIAX
Location: 570E. Mill St., San Bernardino
Proposed Work: Conduit placement only
The estimated cost of the work you have requested from Verizon California Inc. is
$7,099.57. As stated, this figure is aD estimate and only covers the costs to relocate
Verizon facilities. which includes California in Aid OfCODStnU:tioD surcharie of 18%.
Your agreement with Verizon is to pay for the actual cost of the work, which may be
grC:-<Iter or less than the estimated cost listed above. If the actual cost is greater than the
estimated cost, you will be billed the additional charges. If the actual cost is less than the
estimated cost, you will receive a refund. In accordance with Verizon Californi.a, Inc. and
CaI PUC No. D&:R governing the recovery from customers of the actUal costs Of facility
rearrangements, Verizon requires collection of the full amount of the estimated ,:ost of your
work in advance before any work can begin.
During our performance of the requested work, an additional advance payment l;Ould be
required should you alter the scope of work. take other action which would caU$e us to
incur additional costs, or if we ellCOUDter unforeseen events or field conditions. .
If you agree to these terms, please indicate your acceptance by signing and dating this
agreement and forward this signed letter of agreement, returning the enclosed Advance
Paymenl Transmitlal fonn (retain pink copy for your records) and a check for $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 agreelDCnl and check, I. will
complete your work order and release it to our Construction Dcpartmenl for scheduling.
EXHIBIT "C"
Catellus Developinent Corp.
July 14, 2005
Page 2
Engineering Deposit wad received on 03125/05 in the amount of $460.00. If yo\: request
that the job be cllllCelled. the Enginel:ling Deposit will not be refuMed and all material and
labor already charlled against this job will be considered as actual costS of the jdb. You
would be refunded the difference in the actual costs and the amount paid.
Verizon will attempt to complete the work for which it is responsible UDder this agreement
within 90 days after receipt of payment and a fully executed copy of this aareetilerlt and
anached agreements are received. However, no damages or other liability sha1l accrue
against Verizon in favor of the Customer if the work is not completed within SLid period
due to Vemen's action or the action of other utilities, agencies or other compal,\ies, which
may have become involved in this project.
The costs and engineering specifications will be null and void if this letter is not signed and
reromed within 30 days from this date or if customer requcslll a new engineer~ srody.
If you have any questions concerning this matter, please contact Ben Bauer at ciJ9/
748-6644.
~~iu-
CNancy E. Nasel
Section Manager-Network Engineering
CA:cc
Enclosures
Acceptance:
4IPOW'
</ 22, '2.VO':>
V (Date)
EXHIBIT "c"
(CONTINUED)
CCI'\ll or. IIcn.I.oO:...UI11
Advance Payment Transmittal Form
~
verJzgJ
20.14.'
~
VERIZOH EAST (Select Qljf Compllnyl8ualn... Unit):
o DC 0 DE 0 10m 0 lIE 0 NH 0 NJ 0 PI< 0 Rl 0 VA 0 vT
o CT/JAA 0 MAlJAA 0 NY/JRA
VERIZOH WEST (Select ONE) CPMS Compllny.Juriadicllon' Codn lSAP.oPARS Compllfty CodHl: .
~ll.C'" (101o-WiC) 0 CW2.NV (101Q-WiP) 0 N12-CN 11032-8WW) 0 TL2-W4 (101l0-9NH)
o CC1-T4 (1050-9TX) 0 Ell-~ (lDeO-9SE) 0 SI'-TX (1050-aTS) 0 TL3-17 (1060-9NX)
o CS1-R2 (10eG-9SD) 0 Ell.SC (10e0-9SE) 0 TG1-MI (1~9NG) 0 T01.0H (108o-eNd)
o CS1.S2 (10e0.eSG) 0 Ell-VA(l060-9SE) OTG3-Mll (1180-9NZ) 0 TP1.PA(1080-GNPl
o CS1-V2 (l0e0-9SB) 0 F11-FL (107().9SF) 0 Tll.IN (1080-9NI) 0 Tf'2-P3 (10llG-SN8)
o CW1-07 (1030-9WM) 0 Hll-HI (102o-9WH) 0 T12.16 (10llO-llNF) 0 TP2-QS (1080-9NSI
o CWl.WN (1030-SWM) 0 N"-IO (l030-llWN) 0 TI3-18 (1Il1O-eNZ) 0 TWl.WI (10llG-9NW)
DCW2-AZ (101o.8WP) 0 Nil-OR (I030-WIN) 0 n.1-IL (I08().9NL)
o CW2-C5 (10IO-IlWP) 0 Nl I.WA (1030-WiN) 0 ru.15 (10B0.llNH)
PLEASE TYPE OR PRINT
OWVI<
. JurildictiOn Code Tr.ns.
10 SUI.. Abbr:
CN-CA. ~ l!>ooll.
16=IN, 17~1l., 18"IN. MI=Ml
07aQR,PJaPA,CS'PA
R2=NC, S2-SC, T...TX,
V201JA. WN-WA. WO><WI
neck Onc: R ulated Blllln "8" II West NOlI-Jbplaled Billing ("'" in West) Uait osl Billin
RcsponlibiMIy Cod_ (Eat oaly): BudgeliWork C_nl_r (West oaly):
VZ _ MD (CATV Use O.ly) I Eualloerla. A.L CoutrDcIloto A.... Tolol AIl10lll
Unn Cost BIIIIll. ' $ S $
C...omcr N.m_ T_lcpbone Number Total Ad.a.ce Paymeal Amounl
.~ZU~ 7::?r,/C./q7A1LJifT""~~ra I ~~~::!y.:,"7
CUilomer Add,... . 0 I Ci y . Slat. Zip Cod~
.39(1) W~ rL.at"/: ZOI C'A 9z(,~"
CWOiI (EIII only) / ! PI..I LOtadOll Code (Well only) 0415 ...--.
I Work Ordlr II ("6"1"." - Watonly)8f!lOlAX
I F.. Nllmber 0... Prepared
'Ifl.t//.,.. zp()5
I ZIp Code ~ .
TIJcpbo.1 Number
44
/)
Slot.
(!/;
C.,lomer.
I.) 1'Ica.. m..... y...., payml.1 p.yable 10 V.rizOD
1.) Deloel, tile c.,IolDcr eopy (Pinkl for your records.
3.) Mail tbill fo..... yo... payme.1 .nd Ibe Illned .....me.IIeIt.' to:
Verlzon - RPC 'i?t.lS:Jt -Ii1I1IL T";- ~zuI
P.O. Box60 19~ ~~r<E:6
Cockeyavill.. MD 21030 I..#~ ;;eji;o
. ~0II9ZjN-
P..... allo"...... (7) bUIlD... daYI for pay.enl proeminl. V.riml lOll DOrity yo. wbo lbe pay....t ~II been reccivtd and:{IO::J
provide you wilb . eo.straction work lC~edUIc.
Proccncd By: I T.lephone Number ; A.ount Journalized I DIle Reclived
(SPB) i I
While - SPB Uni' Can~ RPCa
EXHIBIT "C".
Pink - CUSfomer
06/30/2005 14:33
90'99836912
'3099836912
GREGG ELECTRIC
PAGE 01/02
/
g~:J &br1a, {/na.
CONTRACTORS
ENGINEERS
LIcense No, t01042
608 WEST EMPORJA. ONTARIO, CALIFORNIA 91762 .909.983.1794 FAX 909.983.6912
CHANGE ORDER REQUEST
TO: Fullmer Construction Co, DATE: June 30,2005
] 725 S, Grove Ave, GEI#: 4300
Ontario, Calif 9]76] CORN: 9
Attn: Danny Mitchell
Ref: CateUus Mill & Doolittle/Colt Beverage
HiJLD fUR
", ">"''''~'''1',:
. . ~ ,:.j J'~ : i..
Dear Danny:
We offer the following change order request for your consideration per your request,
Our FWO Description Price
Ref Ref:
9 1 Adelphia off site underground on City of S.B. drawings dated $20,470,00
3/23/05. sheet # 20f 4 This worle will need to be complete
after the old AC is removed on Mills and before the street
aDd Sidewalk is repaved. AproL I-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 10 days 01 as indicated above.
Sincerely yours,
Gregg Electric J nc.
Jim Fehlman
EXHIBIT "D"
06/30/2BB5 14: 33
303983691~
GREGG ELECTRIC
PAGE 02/82
(
e Order Worksheet
Gregg Electric Inc.
608 W. Emporia St.
Ontario, Calif. 91762
Voice 909/983-1794
Fax 909/983-6912
4300 COR No, 9.1
Catellus 785K
Offsite Ade/phis underground
06130105 p, "'....d by: JAF
Overhead
Profit
Bond Fee 0%
otal This Chan e Order Item
1
2
3 3" Sch 40 PVC conduit
4 2" Sch 40 PVC conduit 11ft
5 2' Sch 40 90s swee elbow
6
7
8
9
10
25
26
27
28
29
10 $1.653
3170 $0.817
29 $14.000
40 $4.500
2 $2 500.000
3200 $0.068
_ ... .___,.._._ _.__ _ _ _ _ c ~_~
--- ~
- - - ---
Tolal 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 Supervisio"
0% Non Working Fmn Supervision
Total Direct Labor Costs
0% Small Tool ense
23% Labor Taxes
!
146.9
0.0
0.0
0.0
146.9
$44.97
$3.57
$52.11
$6 606.09
$131.11
SO.OO
$6 737.20
$0.00
$1 549.56
$8,286.76
Labor Subtota'
,
$0.00
$0.00
$16.53
$2,589.89
$406.00
$0.00
$0.00
$180.00
$5000.00
$217.80
$0.00
$0.00
$000
$000
$0.00
$8,410.02
EXHIBIT "D"
(f'ONTTNfTJ;"f1\
0.035
0.035
0.400
0.0
0.0
0.4
111.0
11.6
0.0
0.0
0.0
8.0
16.0
0.0
0.0
0.0
0.0
0.0
146.9
0.000
4.000
0.005
----, - ....
~ - '- . -~
t.
. "
..'
OblO 1I~805 18: 13
9099836912
9899836912
GREGG ELECTRIC
PAGE 81/82
'"
g~9; ~ic, ffnc.
CONTRACTORS
ENGINEERS
license No. 201042
608 WEST EMPORIA. ONTARIO. CALIFORNIA 91762.909-983-1794 FAX 909-983.6912
CHANGE ORDER REQUEST
TO: Fullmer Construction (0. DATE: June 8,2005
1725 S. Grove Ave. GEI#: 4300
Omario, Calif 91761 COR#: 8
Attn: Danny Mitchell
Ref: Catellus Mill & Doolittle/Cott Beverage
Dear Danny.
We offer the following change order request for your consideration per your request.
OIlT FWO Description Price
Ref Ref
8.1 SCE off!ite underground on City of S.B. drawings dated $90,65200
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 ano:! before the
street is repaved. Aprox. 2-weeks work. eyre are waiting for
final app.Qved SeE dwg. They are not supposed to change,
per the Ec.ison. Planner)
,
Total this COR $90,651.00
Plell3e issue your change order for same ifwe are 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"
~5(08/2ee5 18: 13
~B~~83b~12
Gregg Electric Inc.
608 W. Emporia St.
Ontaiio, Calif. 91762
Voice 909/983-1794
Fax 909/983-6912
1 P & C DB S" conduit
2 P & C DB 5" swee elbow
3 P & C DB 3" conduit
4 P & C DB 4" condult /1ft
5 P & C DB 4" swee elbow
6 Trench Plates
7 sl trench
8 trenchln 11ft
9 Push street crossin
10 Pull ro e 11ft
11 Concrete In trench
12 SCEconcreteVaull6x12x7
13 Vents
14 excavallon of Veult
15 ravel base under Vault
16 5x8x5 SOE
17 Excavate SOE
18 slu SOE & Vault
I 9 tern AC tons
20 traffic control
21 cut and remove alc
22 Pot holel ush ils
23 17x30 HH
24 Ground Rods
25 excludin :
26 Final AC atch In street
27 utili Fee's
28 surve'n and stakin
29 Removal of soil ,concrete & AC from site
TOTN. DIRECT MATElUAliLABOR
3300
4
SO
1100
12
6
35
1340
4
4500
90
1
2
1
1
1
1
30
25
1
200
4
1
12
GREGG ELECTRIC
e Order Worksheet
PAf..ll:.. tlD tlL
4300 COR No' 8.1
Calellus 785K
Offsile SCE underground
06108105 _cd by: JAF
$1.940
$75.000
$0.776
$1.260
$30.900
$100.000
$65.000
$4.500
$2.500.000
$0.068
$68.000
$7,940.000
$50.000
$2,500.000
$200.000
$924.000
$1,000.000
$65.000
$45000
$1,500.000
$3.000
$200.000
$50.000
$75.000
-~~~
"' '-., ~ ..;':,'" - ~
- --~- - ---
ToIal Direct Labor Hours
0% Clean-u Labor
0% Job-SlIe Safety program
0% As-Built Records
Total Labor Hours
Workman Hour Rate
25% Wor1<ing Foreman Supervision
0% Non Working Fmn supervision
Total Direct Labor Costs
0% Small Tool nse
23% Labor TaxeS
Labor Subtotal
~
326.1
0.0
0.0
0.0
326.1
$44.97
$3.57
$52.11
$14,662.47
$291.00
$0.00
$14,953.47
$0.00
$3,439.30
$18.392.71
$6,402.00
$300.00
$38.80
$1,388.00
$370.80
$600.00
$2,275.00
$6,030.00
$10,000.00
$306.00
$6.120.00
$7,940.00
$100.00
$2.500.00
$200.00
$924.00
$1.000.00
$1,950.00
$1.125.00
$1,500.00
$600.00
$800.00
$50.00
$900.00
$0.00
$0.00
$0.00
$0.00
$0.00
$53,417.60
0.030
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
8.000
8.000
8.000
0.250
0.500
16.000
0.000
2.000
2.000
0.500
~-~~
99.0
2.8
1.5
33.0
6.0
6.0
8.6
0.0
16.0
22.5
22.5
24.0
8.0
0.0
8.0
8.0
8.0
7.5
12.5
16.0
0.0
8.0
2.0
6.0
0.0
0.0
0.0
0.0
0.0
326.1
0%
ToIal Costs
overhead 15%
profit
Bond Fee 0%
alai This Chan e Order Item
EXHIBIT "E"
(CONTINUED)
08..11 :-0013 IE.:::7
'30'3'3:.::::t:.'~'l .~'
':113'3'3::: 3E.'31::
':iF:'El:i';i ELECTF'II~
PAGE 01/t)".::
g~9 Efecbr.w, [/nc..
CONTRACTORS
ENGINEERS
license No. 201042
608 WEST EMPORIA. ONTARIO CALIFORNIA 91762.909-983.1794 FAX 909.983.6912
CHANGE ORDER REQUEST
TO: Fullmer Con5ttUction Co DATE: August] 1,2005
1725 S Grove Ave. GEl#: 4300
Ontario, Calif 91761 COR#: 13
Attn: Danny Mitchell
Ref: Catellus Mill & Doolittle/Con Beverage
Dear Datmy:
We offer the following change (.rder request for your ~.onsideration per your request.
Our FWO Description Price
R~j Ref
--- --
13 1 Verizon ,'If site underground. drawings dated 8/4/05, sheet # $43.660.00
lof2 and 2 of2. work order # 0415.8P001-AX This work
would need to be installed along with SCE underground work
in joint Tr<'Tlch. on lVlill street Per our COR #8.
TotRllhis COR $43,660.00
Please issue your change order for same if we are to include this work in the cun'ent project This
pricing is valid for 30 days or as indicated above.
Sincerely yams.
Gregg Electric rnc.
Jim Fehlman
EXHIBIT "F"
E,~/lf.;~005 If:~7
'~O'j'j::: ~:t"31__
,;PE(,I:, ELEI:TPI':
F'AI3[ 1)2'"1)'::
Change Order Worksheet
Gregg Electric Inc.
608 W. Emporia St
Ontario, Calif. 91762
Voice 909/983-1794
Fax 909/983-691 2
l'obNo; 4300 I 12.1
I'oh Name: Catellu, 7S8K
C.ut, Rel Verizon offsite underground
DOl<' 08/11/05 Iprom..... 1>;\' JAF
I, ;J" "":.'" I;,.
:1:'Wft.'1: Yl:~,'~f:~2~~~i~:tP.~~t(. b1j~:~;~~,!~'~.:
1 P & C 06 4" conduit 11ft
2 P & C 06 4",;wee elbow
3 PVC sch 40 48" 90
4 Push street
. 5 trenchin 11ft
6 PUll ro "'ilt 3/8
7 Concrete /yd u'
8 Verilon Concrete MH 4><6.5><6.5
9 excavation of MH
10 ravel base under Mil
11 Venzon Concrete ullbox 3)(5
12 Verizon Concrete ullbox 2x3 _..
13 e)(cavation of ullbox
14 ravel base under ullbox
15 round rods
16
17
18
19
20 Excludin
21
22
23 Encroachment ermits
24 Utili FeEl'S
25 surve in and stakln
26
TOT.o\L DIRECT MA TERM.ULAEOR
2430
7
8
3
580
2430
1.
1
1
1
1
2
3
3
4
$ 1360
$50.BBO
$80240
S2 500 000
$4.500
SO.OB5
$55.000
$2,275.000
S800.000
S100.0OO
$1 853.000
S850.000
$500.000
$100.000
$75000
',"., ,
~~
':'~",: ; :'~';'." :,: ::".I..AJIOltCOSJ;S.
Total Direct Labor Hours
0% Clean-I,J Labor
0% Job.Srte Safely Program.
0% As-.B:.Jil1 RecordS
Total Labor Hours
Workman Houri Rate
25% Working Foreman S\lPQrvl~IOn
0% Non Wor1<ing Fmn SupeFYlslun
Total Direct Labor Costs
0% Small Tool E ense
23"A, Labor Taxes
203.6
00
0.0
00
203.6
$41.86
$317
548.60
Labor $ubfc: ;.]1 ~,
Direct Material
Misc. Material
Sales Tax
.$8.520.60
$171.49
$0.00
$8.692 09
SO 00
$1999.18
$10,69128
5%
7.75%
Material Subtotal
roTAL' ,
Total Material & Labor
arranty Costs.
0%
Total Costs
15%
Overhea d
Profit
Bond Fee- I
otal This Chan e Order Item
0%
EXHIBIT "F"
(("ONTJNTTli'n'
I'
729
7.0
8.0
12.0
14.5
122
3.0
18.0
8.0
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
00
0.0
0.0
2036
.~ I:i'-,:H.
$24 107.43
$1 205.37
S1961.74
$27,27454
,.' '!'~i;'i~t;r:l";"".j.:
$37,965.82
SO.OO
$37,96582
S5694.87
SO 00
SOOO
$43 660 69