BOOTH, MITCHEL & STRANGE LLP
ATTORNEYS
701 SOUTH PARKER STREET, SUITE 6500
ORANGE, CALIFORNIA 92868
TELEPHONE (714) 480-8500
FAX (714) 480-8533
[email protected] MATES 007: 903-3672
February 13, 2024
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED RECEIVED
Marcus L. Fuller, PE, PLS, MPA, FEB 2 0 2024
Art Cervantes
City Manager Engineering Manager ADMINISTRATION
CITY OF RIALTO CITY OF RIALTO
150 South Palm Avenue 150 South Palm Avenue
Rialto, CA 92376 Rialto, CA 92376
David S. Hammer, P.E. Gabor Pakozdi, P.E
City Engineer Interim City Engineer
CITY OF RIALTO CITY OF RIALTO
150 South Palm Avenue 150 South Palm Avenue
Rialto, CA 92376 Rialto, CA 92376
Dai N. Nguyen, P.E. Nazem Moussa
Civil Engineer Resident Engineer
CITY OF RIALTO AECOM / Public Works Department
150 South Palm Avenue CITY OF RIALTO
Rialto, CA 92376 150 South Palm Avenue
Rialto, CA 92376
GOVERNMENT CODE CLAIM PURSUANT TO GC CODE $910, et seq.
Re: Principal: Sequel Contractors, Inc.
Obligee: City of Rialto
Proiect: 2020/2021 Street Overlay & Reconstruction Project, City Project No. 210807 for the City of Rialto, CA.
BM&S File: 52308
Dear City of Rialto Representatives:
1. Name and Post Office Address of the Claimant ("Sequel"):
SEQUEL CONTRACTORS, INC. CITY CLERA RECEITEU 2024 FEB 20 PM 2: 13 CITY OF RIALTO 13546 Imperial Highway
Santa Fe Springs, CA 90670
CITY OF RIALTO
February 13, 2024
Post Office Address to Which the Person Presenting the Claim Desires Notice to be Sent:
Craig E. Guenther
Booth, Mitchel & Strange LLP
701 South Parker Street, Suite 6500 2024 FEB 20 PM
Orange, CA 92868 CITY OF RIALTO
50m
3. Date, Place and Other Circumstances of the Occurrence or Transaction Which Gave Rise to the Claim Asserted:
13 The City of Rialto awarded a public work of improvement to Sequel, and on September 14,2021, entered into an Agreement (Construction Contract) with Sequel entitled:
"2020/2021 Street Overlay & Reconstruction Project, City Project No. 210807" pursuant to which Sequel furnished all materials, equipment, tools, labor and incidentals as required by the Plains, Specifications, and Contract Documents for the above stated Agreement for the Project, including traffic control; implementation and maintenance of Best Management Practices SWPPP; construction staking and monument perpetuation; removal and replacement of PCC curb ramps, curbs, gutters, cross-gutters, driveways, and sidewalk; cold milling; crack sealing; full depth AC reconstruction in failed areas, reconstruction; asphalt concrete base course; full depth reclamation-cement; cold central plant recycling; asphalt rubber hot mix (ARHM) surface course; and adjustment of surface utilities to grade. The work also included traffic striping and pavement markings, replacement of affected traffic signal detector loops, and associated work as identified on the construction drawings.
The City of Rialto rejected completed work, rejected Sequel's proposals for repair of the work, has failed to respond to Sequel's correspondence and repair proposal dated November 17, 2023, or to meet with Sequel regarding same.
4. General Description of Indebtedness, Obligation, Injury, Damage or Loss Incurred Insofar as it May be Known at the Time of Presentation of the Claim:
The City of Rialto has failed to pay the Contract balances as required by the Agreement for the Project and has wrongfully withheld the contract balances.
5. The Name or Names of Public Employee or Employees Causing the Injury, Damage or Loss if Known:
Arron Brown, [Acting City Manager];
Marcus L. Fuller, PD, PLS, MPA, [City Manager];
Nazem Moussa [Resident Engineer with AECOM];
Art Cervantes [Engineering Manager];
CITY OF RIALTO
February 13, 2024
David S. Hammer, P.E. [City Engineer];
Gabor Pakozdi, P.E. [Interim City Engineer];
Dai N. Nguyen, P.E. [Civil Engineer];
and other individuals currently unknown at this time.
6. The Amount Claimed if it Totals Less than $10,000 as of the Date of Presentation of he Claim, Including the Estimated Amount of Any Prospective Injur y, Damage, ol Loss, Insofar as it May be Known at the Time of Presentation of the Claim, Togethe With the Basis of Computation of the Amount Claimed:
Sequels's claim exceeds the amount of $10,000 and exceeds the jurisdiction of a limited civil case.
It any of you, on behalf of the Board, determine we have not directed this [email protected].
Very truly yours,
CRAIG E. GUENTHER
Ra
•Y CLEAR FOEIVEL 2024 FEB 20 PM 2:13 CITY OF RIALTO
92376-646799
Rialto, CA 92376
ADMINISTRATION 150 South Palm Avenue
CITY OF RIALTO 2024 FED 20 PM 2: 13 CITY OF RIALTO
FEB & 02024 City Manager CITY CLERK RECEIVED
RECEIVED Marcus L. Fuller, PE, PLS, MPA,
RETURN RECEIPT REQUESTED
ORANGE, CALIFORNIA 92868
701 SOUTH PARKER STREET, SUITE 6500
7022 2410 0001 7268 2583
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B12659.24 BOOTH, MITCHEL & STRANGE LLP
FROM 92868
062S0014950422
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