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HomeMy WebLinkAboutStorm Drain District Miscellaneous Correspondence 1959 - 197 V CITY OF HUNTINGTON BEACH < Date TO FROM R YOUR INFORMATION NOTE AND FILE -NOTE AND RETURN PREPARE REPLY FOR ATTACHED (MY SIGNATURE) REPLY DIRECT, SENDING ME A COPY INVESTIGATE AND REPORT IN ACCORDANCE WITH YOUR REQUEST PLEASE CIRCULATE READ ITEM ON PAGE AND RETURN ABEYANCE FILE FOR NOTE AND SEE ME ABOUT THIS . SEND FOR ITEM MARKED 'X' APPROVE AS TO FUNDS HANDLE TO CONCLUSION RETURN WITH COMMENTS OR RECOMMENDATIONS CUT ITEM MARKED 'X' AND"'RET-URN RUN COPIES_AND'R-ETURN.,_ RUN COPIES OF ITEM MARKED AND RETURN VVAMLAN AND BROADS In. 7r 0 s0 Vendor :010-2-9d- 7,713 C P 7 T! in--.odt and mtered irt-- t}js day 0i"_L­ ct-.-n lucrel_uvfldr called the Subcon-1 Whoac bus;;'Iess e8drris it(i) Zk?ITNESS'TH: 'N"-!EFEAS, THE CONTRACTOR HAS ENTERED INTO T 0Y.— F 0 Cc, T C­I�i C AT IN ACCORDANCE WITH ALL rERMS, COVENANTS AND (:(^- 1ljJ:CTl0N CONTRACT BETWEEN THE OWNER AND THE CONTRACTOR, AND WHEREAS, complete plans, specifications, and drawings have been prepared by the-.Contractor and the architect for the Contra(tw. and WHEREAS said plans, specifications, and drawings have been approved and purchased-by dir Owner and WHEREAS, the contract documents have been prepared by the Owner. and WHE11EAS, the Subcontractor has sfgnJfiei.'hi%--% %,ill, .es�ai 'a Dy ov,i-r M%4i C T t' IiI,. ,�n.0 yr, o r.-T m and supplies for a complete job of TOGETHER WITH ALL INCIDENTAL WORK THERETO. NOV.*, THEREFORE, IT IS AGREED, between the parties in consideration of the mutual ai!rvements herein as follows: 1. The Subcontractor, to the entire satisfaction and approval of the 3e. In the event that the Subcontractor fail-, to pay Lied discharge Contractor and Owner or their authorized representatives and/or assigns, when due any bills of any kind or nature incurred by the 1,nk(ontrictor agues-to famish all labor, materials, tools, necessary equipment and in fulfillment of this Contract, or if at any time ther.• hall be any temporary protection, and to perform all work or services described in eviderce of any licn-or any claim against the Contra(ti.r i, ;i re,uit of Paragraph 2 hereof, in strict accordance with the Construction Contract the Subcontractor's operations, the Contractor shall ha%, ow ni.:ht to and its general provisions, this contract and its general provisions and retAin out of any payment herein due or any payment t,, h­orne due with the Contract plans, drawings, specifications and addenda thereto. an amount sufficient for the Contractor to com, pletely Indemnify the 2. The Contractor and the Subcontractor agree that the work to be Contractor against any such lien or claim including Littnt-ney', fees Ton,eely the S n b h Subcontractor is as follows: incurred by reason thereof. made under this Contract shall he (ondU11%,1 eVJ- 3' ' No ayment In. andBence of tFe performance of this Contract, either wholly -r in part, C or�,cl r sl J-L; 6­111 no payment including final payment shall be construed to be an entitlel acceptance of defective or unsatisfactory workmanship and/,)T material,. 3g. The Subcontractor agrees !hat monies received for the perform-. 5710" nnd in o 2' a I I of this Contract shall be used primarily for labor and maierials to this work and said monies shall not be divcrtedl to satisfy ..;iii:3 and rec�., i n!E7, (.`Iet�.L I of the Subcontractor on other contracts. by City ot-. C ot-i a C Ii--Q- Id 4he event that any provision thereunder shall be held invalid lva lw� -Cf-3?7 and n1_1 otlizor ­,.Uver• . ..eaz-al -,'L,)' any, court of competent jurisdiction, the remainder of this agreement Sliall not be affected thereby. U ioa i e n c U C 5. For convenience to Subcontractor referred to herein as an indi- 11li vidual,,the word "fie" shall, as the sense may require, he construed to mean she," "it" and "them" and the word -his- shall be construed to aad B attzac_'ied. mean "hers," "its" and "theirs." B. The signature of any person to this agreement shall he deemed a personal warranty by that person that he has the power and the authority to bind any corporation, co-partnership or any other business entity for whom he purports to act. 3a. In consideration whereof and for the full and faithful perform- 7. The Subcontractor agrees that he personally guarantees the ance of his work, the Contractor agrees to pay the Subcontractor in faithful and complete performance of all the terms and conditions of accordance with the attached Schedule of Buildings attached hereto this Contract an the general provisions hereto attached. 8. The parties agree that ail of the provisions of the Contract, the and made a part hereof, subject to additions and deductions for may be agreed upon in writing, signed by both parties, pro- Additional Provisions and the General Provisions are conditions of the ZdZeUs rlo payments are to be made unless the Subcontractor's rate Contract, and that breach of any of these provisions by the Subcon- Of progress, work done and materials furnished are satisfactory to the tra-tor shall create the right in the Contractor to terminate the Contract Con _cfor as herein awed upon. Payments are to be made as :follows: without incurring any liability except for the value of the work per- C., [,aixwd and materials furnished on actor prior J-0): co Z31 e. 0 ti i�:' & site by the Subcont: nor M ?5�ti;_4 delivery to the Subcontractor of written notice of the te-ri;naton. s;nd n!iproved 1;7 Gon.,M_,,_wtorvo Ear.-Ineer. NothIng herein shall be construed as in any manner resn-icnn; or Subcontr,p.!tlor sh-nil su--bmit any riihts and remedies of any part7 on breach c f --is Agr--- t "all be in -It bv the other, and &.e rcmedy provided in this clause n 2 517.h. o In nc,a 0 .;-'-':?`sail;. :'. ........ _11­0�_-­io to all others provided by this Agreement or by lad. OL P. No oral statement of any person whomsoever shall in any manner V . VM 3 r,-:- c or (---,-ree modify or otherwise affect e terms of this Ccr-:'�Zl. It is J its that nothin hereunder or In directing performance by the Sul,_--contTac�tor done by the Ccntractor in the performance ofhe construed in any manner or to any extent whatever as a waiver ic tv'_-:` 'by the Contractor of any default in a failure of performance of the terms a-,!a. conditions of this Agreement by the Contract. It is azreed that no has or shall hereinafter have env Power or authority to waive, ion of this Agreement for the Con- C aiter or rescind any provis to�or except the person or persons whose names are affixed to this 2 'orz"tnact as contracting representatives of the Contractor and except J such persons as are authorized by the President or Secretary &.e Contractor,-in writing, to aEzree to such waiver, mo--iticauon, jj n the case of th.-ese latter persons. b. 'Le �,Uocoanmctor ahall ltc-at�ors or rescission and i, wi".1;sL_1r;L;icC that he will provide service during the _aunt of the warranty. This a--l-1:_�&y shall be strictly limited to the terms of the writinz. con be in the form of a cash retention or a bond in an amount agreed 10. It is hereby expressly understood and agreed between upon b both rt that in the event a 111plute should arise as to the perfrirm.ince r." the 3c.- ;,egardfes's of the terms of payment provided for herein the obligations of the parties pursuant to this Agreement, th-it the parties Conitm-cior shall not be required to make any payments to the Sub- will adjudicate any such dispute in the Courts of the State of contractor tliAt would leave a b.:Jance due Subcontractor inrufficient to c,c;-vvy the retained percenta7e plw an ainmmt sufficient to satisfy all I Cal if jand the parties agree that each will accept ben-ice of process ckil.1gitions of the Subccritnictor for labor, materials, equipment, serv- outside of the State ofCalif ornia with the same force and jk=, etc., furnished or to be furnisiml by t-' ,a Subcontractor hereunder. Payment for any work not cove-A by thii Cant act will not be made unias covered by an order slrne�d by the Contractor's Project Manager effc-ct as if suchpTocess had been served within the State of ez;A =y tech order must be obtained pilnr in the suTt of such work I Ca i if and each of the parties agree that the Courts of the wrrt cqrvxd by this Ccncmcl. if an orcirr 43 not so obtained, no pay- =mts will be made for any work not covmyA by this Contract. state of California shall have in personam jurisdiction over 3d. T1w Subcontractor a7-"-z.3, as a orn-11=-i i;;rcced,-nt to receiving the parties in connection with this-Agreement of any litigation which any payments, that he will f-iLrnish the Ckmtmctor satisfactory relea3es i may arise as a result hereof. waiwm of lien,a@daviti,and such fiziuviar evidence as may be requiQ 11. THE PROVISIONS SET FORTH ON THE REVERSE SIDE by 6a Contractor that all Labor, mater", equipment, services etc HEREOF AND IN THE GENERAL AND SPECIAL PROVISIONS itmed in connection with or incorporatod in said work have been PaIJ ATTACHED HERETO ARE HEREBY INCORPORATED INTO for in full. 1. AND MADE A PART OF THIS SUBCONTRACT. IN WITNESS WHEREOF the pardw hereto have executed this Amverr_-nt\for themselves, their heirs, executors, successors, administra- tom and assipm.on the day and ywr firat above. written. B!'7i"Viii) w? WMESSED BY: VJ ; 1,�_. y 1 -1 . .. I I I Title Ti- 71.1 1:�?G, co 11"111_0 a A7773T: /-Subcoatmctc,7� Illy. T;t6 ............. Date V"I[Acies, Par retention see Exhibit ettached. Page 1 o f 6 • Tract6736 CENEIRAL PROVISIONS TO THE SUBCONTRACT FOR `r 'L' .l. .i.it4,l .f 1.-�• , 1i.\.: 11cl I"- Valley View 1171hittier, California 906C4 213/944-798c" 1. Contract Documents subcontract are to be new and of the most suitable gradc of their resper- The contract documents referred to in Section I of the Additional tive kinds for the purpose, and all workmanship shall he first class. Provisions of Subcontract shall also include the Construction Contract Where equipment, materials or afticles are referred to in spit'tirations as and the General Provisions attached thereto. The subcontract docu- "equal to" any particular standard, the Owner and/or the ( intrartor mcnts are complementary and what is called for by one shall be deemed shall decide the questions of equality. The Subcontractor shall furnish to to be called for hs all, except in case of conflict between the Additional the Contractor, for approval, full information concerning the rn:::erials or Pro+isi:m• of the Subcontract and the General Provisions to the Sub- articles which he contemplates incorporating in the +,,,rk ti:imples of contract, the Additional Provisions of the Subcontract shall govern. materials shall he submitted for approval when so directed• and materials 2. Contract Drawings used shall conform to,approved samples. %lachinerv. rquipmrnt, mate- The contract drawings are, in part, diagrammatic and show the rials and articles installed or used Without such approval, shall h,- at Fencral irran9C1nent5 of ducts, piping and work of other mechanical the risk of subsequent rejection. The Contractor mav, in writing, require trades. I'll(- Subcontrait-,r shall have a competent superinrenlent nn the Subcontractor to remove from the work such crnplosrc' as the Contractnr. drerns incmm�ctent. carelrss, insuhordinatr or nthr.+y!sr ob- thr i!•1, site to cnnnln!ate all ficid ,vntw print to ins!all�!ior. .:l:dror , jrrhr,rt�bie, or v%ho<e ,-,ruv-red emplovrnent on the ,c„rk :s erred by sul+nri>•ion of field or shop drawings for es•pr:�yai. ,`' `' the Contractor to he ront:ary to his or the�: public :nrrrr.t. 3. Verification of Meavur.�tneets, I)tt: itti[a, AndAndtiff:<>ci`icatioi5s -- 't ties Intorrnation regarding the site of the work given in drassin r an 12. rra d a. The Su':(, ntractor shall at the request of, and in a n;anne: accepr- specitications is believed to be reasonably coat,,, but the Contractor able to the C'nntractor, correct any defects in ssnrk;nanship or n:a;rriais does not warrant either the completeness or accuracy of such infcrma- whirl! appear trarto%ithin a period of one {ts near from the dare � f final tion, and it is the responsibility of the Subcontractor to verify all such acceptance appear the Owner. information, independently, and to make such .other examination of the site as shall reasonably be necessary to'satisfy himself of the condi- b. Fxcept as otherwise expressly provided in this contract for Suhcnn- tions to he encountered during construction. In anv case of discrepancy, tractor warrants all mechanical and electrical equipment to be free from either in the figures, in the drawings, or in the specifications, the matter defects of design, material and workmanship for a period of one ycar shall he promptly submitted to the Contractor, who shall promptly make from date of acceptance thereof; and the Subcontractor, promptly after a determination in writing. Any adjustment by the Subcontractor with- receipt of notice, shall make good at his expense, all defects developing out such determination, shall be at his own risk and expense. Omissions during iueh period. from the drawings or specifications or a misdescription of details of c. The remedies provided for in this clause shall net be restrictive bur work, which are manifestly necessary to carry nut the intent of the shall be cumulative and in addition to all other remedies of the C r:trac- drawings and specifications, or which are customarily performed, shall for in respect to latent defects or fraud; provided• ho%%ever. that the riot relieve the Subcontractor from performing such omitted or mis- maturing of any right hereunder, after final payment has been made to described details of work, but they shall be performed as if fully and the Contractor and then to the Subcontractor, shall he directly disposed correctly set forth and described in the drawings and specifications. •I•he of by Subcontractor without the necessity of notice to other parties. Subcontractor shall check all drawings and specifications furnished him d. If the Contractor deems it expedient to correct work not immediately upon their receipt, and shall promptly notify the Contractor in accordance with this Subcontract, an equitable deduction from the of arty discrepancies. The Subcontractor shall compare all drawings and Subcontract price shall be made therefor. verify the figures before laying out the work, and will be responsible 13. Patents for any errors which might have been avoided thereby. When measure- The Subcontractor shall hold and save the Contractor harmless from are affected by conditions already established, the Subcontractor shall take measurements notwithstanding the giving of scale or figure any liability including costs and expense including reasonable artorney's dimensions in the drawings. Deviations from the drawings and the fee for or on account of any patented or unpatented invention, article dimensions therein given, whether or not an error is believed to exist, or appliance manufactured or used in the performance of this subcon- shall be made only at the written authority as obtained from the tract, including their use by the Owner. Contractor. 14. Inspection Examination and Testing 4. Lines-and Grades a. Except as otherwise provided herrin, all materi.,l and +y: , r,.• It shall be the responsibility of the Subcontractor to lay out all lines ship, if not otherwise designated by the specifications, shall he s,ibiect - and grades required for the work in this subcontract in accordance with inspection, examination and tat by the Contractor at any and ail tin..- the property survey in applicable drawings from bench marks which during manufacture and/or construction and at any and all places :yher. have been established on and adjacent to the site as shown on the such manufacturing and/or construction are carried on. The Ccnnact:,t drawings; bench- marks shall be preserved during the construction shall have the right to reject defective material and workmanship cr period and-supplemental monuments and bench marks shall be estab- require its correction. Rejected workmanship shall be satisfactorily cer- lished by the Subcontractor to provide necessary horizontal and vertical rented and rejected material shall be satisfactorily replaced wirh prepc. control throughout construction. material, without charge therefore, and the Subcontractor shall zrcn;ptly 5. Fitting and Coordination of Work segregate and remove rejected material from the premises. If the Sub- The Subcontractor shall do all the cutting, fitting or patching of his contractor fails to proceed at once with replacement of rejected materiai. work that may be required to make his several parts come together and/or the correction of defective workmanship, such failure may he properly, and fit to receive or be received by work of other Subcontrac- treated as a-default. tors, shown upon or reasonably implied by the plans and specifications b. The Subcontractor shall furnish promptly,without additional charge• for the completed structure. Any cost caused by defective or ill-timed all reasonable facilities, labor and materials necessary for the safe and work shall be borne by the party responsible therefor. It is further convenient inspection and tests that may be required by the Contractor. agreed that the Subcontractor shall not endanger any wprk by cutting, All inspection and tests by the Contractor shall be performed in such digging or otherwise, and shall not cut or alter the work of any other manner as not to unr!ecesssrily delay the work. Special, full-size and Subcontractor, except with the written consent of the Contractor. performance tests shall be as described in the specifications. The Sub- 6. Mutual Responsibilities of Subcontracts contractor shall be charged with any additional cost of inspection when It is the further responsibility of the Subcontractor to correctly measure material and workmanship are not ready ;a the time inspection is rc- and 'properly fit his work under this subcontract, and to properly coor- quested by the Owner and/or the Contractor, or which require additional dinate his work with other trades. In order to prevent duplication of inspection and teats due to inferior or improper material and work- errors, the Subcontractor is not to operate from or use as a basis crrote manship. made boy other Subcontractors. Inconsistencies.or errors are to be imme- C. Inspection of materials and finished articles to be incorporated in diately reported to the Contractor by the Subcontractor making the dis- the work at the site shall be made at the place of production, manufacture eovery, in writing. Where specific branches of the work are affected by or shipment whenever desired by the Owner and/or the Contractor. other branches of the work, those Subcontractors concerned must confer The inspection of material and workmanship for final acceptance as a and exchange drawings or measwements as may bp necessary to insure whole or in part shall be made at the site. Nothing contained in r;:is complete coordination of the work in its entirety as contemplated by the paragraph shall in any way restrict the rights of the Contractor under plans and specifications. In the event of dispute, the decision of the any warranty or g-:aranree of material or workmanship. Owner and/or the Contractor shall be final. 15. Transportation Coats 7. Additional Instructions The subcontract amount includes all transportati„n costs, crc., appli;-. The Contractor, in his discretion, may furnish additional instructions able to the %vnrk covered by this subcontract and it is heron agreed that by means of drawings or as otherwise necessary for the proper execution. there will be no escalator adjustment covering wages applicable to this of the work. subcontract. 8. Communications 16. Licenses and Perraita A bulletin board will be erected in or around the Field Office of the The Subcontractor agrees to give all requisite notices to the proper Contractor and the Subcontractor or his representative will be required authorities, obtain all official inspections, permits, certificates, arid to check this hoard daily for information directly or indirectly affecting licenses mnde necessary.by the work in his charge, and pay all proper his work. Information posted on the bulletin board will be considered and legal fees for the some and all such costs are included in the amount as information passed directly to the Subcontractor or his authorized shown in Paragraph I of the Subcontract. representative. I7. Deliveries of Equipment or Material 9. Supervision All deliveries of equipment or material by the Subcontractor or his The Subcontractor shall give his personal superintendence to the work agents or vendors shall be made direct to the units liv prepaid freight. or have a competent foreman or superintendent, satisfactory to the Con- The handling, unloading and safe storage of said materials will be the tractor, nit the jnh at all times during progress, with authority to act responsibility of :he Subcontractor, Should materials be delivered after for him. working hours in the absence of a representative of the Subcontractor. 10. Job Meetings the Contractor mey cooperate in the unloading of said materials, with It is the responsibility of the Subcontractor to have ■ representative the understanding, however, that the Contractor is not respolmhle for present for all job meetings when called by the Owner or the Con, any shortage in delivery, and, further, the Contractor shall be paid for tractor, his services. 11. Materials and Labor Standards 18. Storage Facilities Unless otherwise specifically provided for In the specifications, all a. The Subcontractor shall sto-e his materials within ouch locations,as en,cintr..nr materials •nd articles incorporated in the work covered by this approved by the Contractor. The Subcontractor shall hold and swot .t'Q! Fape2of6 } Tract 6730 Huntington j34each, California 31. The work contained or described in this subcontract agreement includes all he workTof th z classification ( ,w.::�,�: `',.:" ,,,q �� b a 1 6-ep Yjun � QEia� g�:.. of the total work to be performed in compliance with tCT the requirements and provisions of all addendas ,amend- ments, and changes, whether stipulated in the Specifica- tions or in other sections of the Plans, and includes all work ordinarily and usually performed as a part of the work covered by this subcontract or usually performed by a subcontractor doing work of this trade classification and/or work required to be performed by the employment trades used by the subcontractor and pursuant to the authority of any union jurisdiction rules or customes. 32. CUSTOMER COMPLAINT SERVICING - All customer complaints shall be completed within seven (7) days of receipt of the complaint with the exception of plumbing, heating and electrical which will be completed immediately upon notice of the complaint. Heating, . electrical and plumb- ing shall be required to have an emergency telephone number for night calls. It is the responsibility of the subcontractor to obtain the signature of the customer after the complaint has been completed to their satis- faction. The signed work sheet should be mailed back to our Customer Service office at If any complaint is not satisfactorily serviced within the specified time, Kaufman and Broad shall take the necessary steps to complete said complaint and charge back to the partic- ular subcontractor unless subcontractor can prove that the complaint could not be taken care of due to the resident not being home or any other reasonable expla- .n a_t i on. �q yg■ y� �Ay qyp _ !A Zt.—;M .fl+E.le.`i' 4:R T�ley'j-�iJ C� �'1 vp �V• 9 A4-�41• ' V Contr ctor Subcontractor Z' Title DATE: Pa m 3 of 6 EXHIBIT "A" Continuation of Contract between Derby Land Company and Edison Trenching Co , , Inc . COST AGREEMENT "A"1 This is a lump sum contract for a turn key job installation complete of sewer system and all appertances for Tract 6730, on-tract and also off-tract . There shall be no extras other than those shown on Exhibit "B" entitled "Alternate . " See Exhibit "B" for price. INVESTIGATION CONDITIONS A -Subcontractor has fully satisfied himself thoroughly with his own investigation of all site and all conditions that may be encounted in said work and installation to do this under a lump sum turn key basis and he has included in the total price costs that are known or to be anticipated with the exception of alternates . Should change be made or alternates be required by Governmental Agencies and Contractor work to be done accordingly. SCOPE OF WORK A 3 Subcontractor shall furnish all labor, material , equipment, etc , to perform a complete installation and to include. but not necessarily limited to trenching, laying of pipe , furnishing power and water , construction of all apes rtances ,rock bedding per planfor cfftmct sewer (base for on=tract if required see Alternates) raising/lowering of man- holes , demolition and removal of brick wall , pumping of water if required , hack filling, compaction, provide all safety precautions , shoring, barricades , warning lights , flag men, protection of all existing underground pipes/lines , existing paving and all else for a turn key job, and to leave site in its original condition. Also subcontractor to submit exact location of all sewer lateralsto contractors engineer for future references of location gf same LLoca ion in recference to --front , side property lines, cur and also dept . DER LAND COMPANY EDISON TRENCHING COMPANY, INC. DATE: �`� �rl^ - DATE: Page 4 of 6 EXHIBIT "B" Continuation of Contract between Derby Land Company and Edison Trenching Co . , Inc . COST AGREEMENT B 1 The lump sum contract price is fity seven thousand seven hundred eight three dollars and ten cents without Alternates as follows : Sewer System Tract 6730 - On Tract $29 ,976. 50 Sewer System Tract 6730 - Off Tract $27 806 . 60 �57,783 . 1(5 UNIT PRICES B 2 The following items and prices shown are for invoicing, additon and deletions purposes only and is not predicated against the above lump sum price. Tract 6730 - Off Tract Description Unit Price 15" V.C.P. including rock per bedding detail in plans $114. 50 per lin ft . 18" V.C. P. including rock per bedding details in plans 18.00 per lin ft . Manholes including rock base bedding 385. 00 each Tract 6730 - On Tract 8" V.C. P. $ 3 .85 per lin ft . 4" V.C.P. 2.40 per lin ft. Manholes 258 . 00 each Clean Out 70.00 each RETENTIONS B3 Per paragraph 3 on page 1 on this contract , monthly progressive payments for work completed will be made, however in licu of subcontractor having to provide contractor with a Labor and Material Payment Bond and a Contract Faithful PerformaneBond , a retention of 15% will be withheld on all payments and joint check to be made with .material supplier, equipment rental companies , etc. The accumulated 15% retention is to be held until all governmental agencies inspects and field approve all iistallation. When this is completed and accepted , subcontract shall receive 7% of all the accumulated 15% retention leaving an 8'/ retention until formal acceptance by all governmental agencies . B4 ALTERNATES If required by Contractor , Subcontractor shall furnish all necessary labor, material , equipment , etc. to perform the following alternates : ON TRACT 1. Rock bedding for 8" V.C. P. $0. 06 per inch per lineal foot 2 . Rock bedding for 4" V.C.P. $0. 04 per inch per lineal foot 3 . Granular back fill & compaction from top of bedding to 4" above 8" V.C. P. $0.60 per lineal foot 4. Granular back fill & compaction from top of bedding to 4" above 4" V.C.P. $0.40 per lineal foot 5. Granular back fill & compaction from top of item 3 to surface of ground $0. 60 per foot thickenss per lineal foot 6. Same as item 5 except to reference to item 4 in lieu of 3 , $0. 50 per foot thickness per lineal foot Page 5 of 6 EXHIBIT "B" CONTINUATION ALTERNATES OFF TRACT 1 . Granular back fill and compaction from top of rock bedding per plan detail to surface of ground on 15" & 18" V.C.P. - $0. 80 per foot thickness per lineal foot All the above alternate prices for bedding and back fill to be done if requred , regardless of the width of all trenches . DERBY LAND COMPANY EDISON TRENCHING CO. , INC. DATE: � v �'� " ��•> > I •�� Page 6 of 6 1 1 CIVIL ENGINEERS &PLANNERS LAND AND MINERAL_ SURVEYORS e` j Robert M. Gallowav R.C.E. Cahi . 140 3 Thomas H. Barkduli R.L.S Cali:. 23"; Newport Beach September 4, 1969 File #100-4600 Kaufman & Broad �Q P.O. Box 2107 Long Beach, California 90001 Attention: Mr. Morris Henson Re: Tract 6730 Offsite Sewer Dear Morris: We have been advised by the City of Huntington Beach Public Works Dept. that they will not require the contractor to replace the surfacing on Bushard Street which was removed for the offsite sewer construction . They further advised that the surface replacement which is'not being required, is 2 ft wide for a distance of 1314 ft or 2628 sq ft of surfacing, therefore, they have requested that a reduction in the offsite sewer contract be negotiated. Had the contractor been. required to replace this surfacing, the procedure would have been as follo•.•✓s: Upon the completion of the installation of the sewer and the backfill, the City would have required that a 2" AC surfacing be installed. I -) addition, the contractor would have paid the City an amount based on 40(� per sq ft which the City would have used to rernove the 2" temporary servicing and install 3" of AC over 1 0" of base following settle- ment of the trench backfill . It is estimated that the 2" AC temporary surfacing would have cost betoieen 1 O and 12,-F per sq ft which when added to the 40� per sq ft required by the City results in a total of between 50(;l- and 52d- per sq ft savings . The total savirgs would be between $1314 and $1366 .56. The above information is offered for your reference in negotiating the necessary reduction wi h the contractor. Very truly ,/Ours., R .M. GALLOVVA" & ASSOC. , INC. J.K . Mandrel l Vice President SO4 North Nu:vport Blvd r0id N,-•:Po t E vu 1 i!•::.v.-.ort Bench. Cai:romia 92660 Tel: (714) 6-12-3010 & 5+6-3u62 Suite 103 Pioneur Bank Bid(. P.O. Box 220: -rescott, Arizora 8013J1 Tel: (602)445-4467 cc: City of Huntin,-;ton rPeach Attn; Eric L=vej1'.-y I F w Associates 9ffne. r i CIVIL ENGINEERS & PLANNERS i LAND AND MINERAL SURVEYORS Robert M. Galloway R.C-E. C Iif. 14063 Thomas H. Barkdull R.L.S. Ca;:if.2317 NeN ✓port Beach August 26, 1969 File #100-4600 Kaufman & Broad P.O. Box 2107 Long Beach, California 90501 Attention: Mr. Morris Henson Re: Tract 6730 Onsite. sewers Dear Morris: The wet around condition. ;Vhich has 1:)een encountered in iTact 6730 is again creating problems with respect to -:he sewer installation . We received a call on August 25, from Mr. John Italiano, and John indicated that the City Inspector was requiring rock bedding beneath the sewer line . The site was visited that afternoon and we talked with the City Inspector who was requesting four (4) inches of rock bedding . On August 26, 1939, we met Mr. Italiano and Mr. Tennenbaum and the aradina contractor at the site and pointed out that the bedding was required under the main in view of the present conditions . However, it is anticipated that this con- dition will be relieved as the construction proceeds upstream and the rock bedding requirement should diminish . In addition, the sewer laterals would not appear to require rock bedding, except for the nearest ten (10) feet to the main at the most Southwesterly corner of the tract. In addition, the sewer contractor should use the excavated material to back-fill his trench . However, it will be necessary to break up the excavated material, dry it out and replace it. If there are any questions regarding this matter, please contact our office. Very truly yours, R .M. GALLOWAY & ASSOC. , INC. if d .E<. Mandrell Vice President J KM:ea 504 North Newport Blvd. (Old Ne.vport Blvd) Newport Beach, California 92660 Tel: (714) 642-3010 & 546-3662 Suite 103 Pioneer Bank Bldg. P.O. Box 2204 Prescott, .Arizona 86301 Tel: (602)445-4467 cc: Mr. C . Tennenbaum, Mr. J . I ta'-.iano ADDENDUM NO . 1 ' TO SUBCONTRACT AGREEMENT DATED June 183 1969 BETWEEN DERBY LAND COMPANY AND EDISON TRENCHING CO . , INC , ON TRACT 6730 (County of Orange Huntington Beach, California Contract revision due to the addition of quantities for Tract 6755 as follows : ON SITE UNIT DESCRIPTION QUANTITY PRICE TOTAL Item 1 : 15" V. C.P . Including rock bedding 1410 L.F. $14. 50 L.F. $20,445. 0( 3 -" Item 2 : 8" V.C.P . 2928 L.F. $ 3 .85 L.F. 11 ,272 ,8( Item 3 : 4" V.C.P . House laterials 2987 L.F. $ 2 .40 L.F. 7 ,168 . 8( Vic,;, Item 4: Manholes per standard plan 309 14 Each $258 .00 Ea. 3 ) 612 .0( Lump Sum Total $42 ,498 .6( All of the other terms and conditions of the Subcontract Agreement shall remain the same and are made a part of this addendum. ,e S 3. S_o _ - �- DERBY LAND COMPANY EDISON TRENCHING CO . , INC. Dated: Dat-ed":� J / 1 �\j ,1� G t jJ ell/ 3 e G %r 876c GS76 f 1 _ _ m. /SD,9"its KENT LIVID CO"IPA14Y Vendor SUBCONTRA CY This Affreem--rit =de and entered into &-ij Y%,.'-? �4. y of 19_0 by and between nufman and Broad, hereinafter called the Contractor, and - hereinafter called the Subcontractor whose business address is 332"! 2IT" Awr.-wel Y-05 9'1'�VC4 9 WITNESSETH: WHEREAS, THE CONTRACTOR HAS ENTERED INTO A CONTRACT WITH HEREINAFTER CALLED THE OWNER FOR THE CONSTRUCTION OF n % AT IN ACCORDANCE WITH ALL TERMS, COVENANTS AND CONSTRUCTION CONTRACT BETWEEN THE OWNER AND THE CONTRACTOR, AND WHEREAS, complete plans, specifications, and drawings have been prepared by the Contractor and the architect for the Contractor, and WHEREAS said plans, specifications, and drawings have been approved and purchased by the Owner and WHEREAS, the contract documents have been prepared by the Owner, and WHEREAS. the Subcontractor has signified his willingriess to perform the work and furnish all necessary labor, materials, i-quipmrnt, services, and supplies for a complete job of TOGETHER WITH ALL INCIDENTAL WORK THERETO. NOV,', THEREFORE, IT IS AGREED, between the parties in consideration of the mutual iiijeements herein as follows. 1. The Subcontractor, to the entire satisfaction and approval of the 3e. In the event that the Suh�onttartor fails to pay and discharge Contractor and Owner or their authorized representatives and/ assigns, when due any bills of any kind or nature incurred by the "uhurintractor agrees to furnish all labor, materials, tools, necessary equipment and in fulfillment of thi., Contract, or if at any time there .hall'he any temporary protection, and to perform all work or services described in evidence of any licn-or any claim avain,t the Contractor I, ;I result of Paragraph 2 hereof, in strict accordance with the Construction Contract the Subcontractor's operations, the Contractor ,hall have tht• nght to and its general provisions, this contract and its general provisions and retain out of any payment herein due or any payment to become due with the Contract plans, drawings , specifications and addenda thereto. an arnou nt sufficient for the Contractor to completely Indemnify the 2. The Contractor and the S gcontractor agree that the work to be Contractor against any such lien or claim including attorno.-y's fees performed by the Subcontractor is as follows: incurred by reason thereof. 2" nt made under this Contract shall 1), (on(lusivr evi- 3 f No -me i gy z. ��ence of e performance of thi.i Contract, either %x,lioll% or in part, I tx and no payment including final payment shall be construed to be an K,,apeeptance of defective or unsatisfactory workmanship and/or materials. 3g. The Subcontractor awrees !hat monies received for the perform- L 0 Z%'A ance of this Contract shall beused primarily for labor and material,; o� 0, z -0 C) I C�CM entering into this work and said monies shall not be diverted to satisfy obligations of the Subcontractor on other contracts. 4. In the event that any provision thereunder shall be held invalid (- ,,-nbyany court of competent jurisdiction, the remainder of this agreement U s ,' :shall not be affected thereby. 'A 5. For convenience to Subcontractor referred to herein as an" indi- vi d r�_F_�-n3:13-­T victual, the word "he" shall, as the sense may require, be construed to mean "she," "it" and "them" and the word "his" shall be construed to 0 :3n. Lin mean "hers," its and "theirs." 6. The signature of any person.to this agreement shall he deemed a personal warranty by that person that he has the power and the authority to bind any corporation, co-partnership or any other business entity for whom he purports to act 3a. In consideration whereof and for the full and faithful perform- 7. The Subcontractor ,agrees that he personally guarantees the ance of his work, the Contractor agreesto pay the Subcontractor in faithful and compete performancr of all the terms and conditions of accordance with the attached Sch;2lule of Buildings attached hereto this Contract and the general rovisions hereto attached. and made a part hereof, subject to additions and deductions for 8. The par-ties agree that all of the provisions of the Contract, the Changes as may-be agreed upon in writing, signed by both parties, pro- Additional Provisions and the General Provisions are conditions of the vid2that no payments are to be made unless the Subcontractor's rate Contract, and that breach of any of these provisions by the Subcon- of progress, work done and materials furnished are satisfactory to the tractor shall create the right in the Contractor to terminate the Contract iil(:;on5ractor,ts�, srei&AL&med upov- Payments lam • without incurring any liability except for the value of the work per- btmed and materials furnished on the site by the Subcontractor prior J by, to&.e delivery to the Subcontractor of written notice of the termination (? I g herein shall be construed as in any manner restricting or s,.:t �� limiting any rights and remedies of any party on breach of this Agree- ment by the other, and the remedy provided in this clause shall be in A addition to all others provided by this Agreement or by law. 9. No oral statement of any person whomsoever shall in any manner or degree modify or otherwise affect the terms of this Contract. It is a obligations that nothing done by the Contractor in the performance of its hereunder or In directing performance by the Subcontractor -4a be construed in any manner or to any extent whatever as a waiver 0 by the Contractor of any default in a failure of performance of the terms and d conditions of this Agreement by the Contract. It is agreed that no ",:,I F. "I I-r t3 A1.111 r.`�%,.,)­,-,-(�- person has or shall hereinafter have any power or authority to waive, r 4 2XIE66dify, alter or rescind any provision of this Agreement for the Ccn- j:�Ln.q tractor except the person or persons whose names are affixed to this Le cx'l cmrnlac 10 1,3 L1,Z 0 a contract as contracting representatives of the Contractor and except zctoac to.a. further, such persons as are authorized by the President or Secretary of the Contractor, in writing, to agree to such waiver, modification, 3b. The Subcontractor shall provide the Contractor with assurance alterations or rescission and in the case of these latter persons, their that he will provide service,during the extent of the warranty. This authority shall be strictly limited to the terms of the writing. can be in the form of a cash retention or a bond in an amount agreed 10. It is hereby ex ties expressly understood and agreed bet\&een the parties the upon b both parties. that in the event a dispute should arise as to the performance of 3c.by (of the terms of payment provided for herein the obligations of the parties pursuant to this Agreement, that the parties Contractor shall not be required to make any payments to the Sub- will adiudicate any such dispute in the Courts of the State of cant;ractor that would leave a balance due Subcontractor imru ;cient to cover the retained percemtn," plus an amount snf3cient to -satisfy all Ca 1 if jand the parties agree that each will accept service of process obbipatioas of the Subcontractor for labor, matenals, equipm-!mt, serv- ices, etc., furnished or to be ilarrihed by tha Sulx-ontra=r hereunder. outside of the State of Calif ornia with the same force and rmyment for a-y work not cov--Ted by thU Contract wiJ.1 not b- mide effect as if such process had been served within the State of unless covered y an order signed by the Contractor's Project kimcger and any such order must be obwnad prior to the start c4 such work Calif and each of the parties agree that the Courts of the not covered by.this Contract. If in order is not so obtained, no pay- ammts will be made for any work not covered by this Contract. State of California shall have in personam jurisdiction over 3d. The Subcontractor agrees, as a cclriditiou precedent to receiving the parties in connection with this Agreement of any litigation which =y payments. that he will iurriah &9 Cc-`.actor 3atisdac:cry releases may arse as a result hereof. wetym of lien,&ffidavits,and such fur6w evideuce as may i* required11. THE PROVISIONS SET FORTH ON THE REVERSE SIDE i;,y dw Contractor that an lAbor, materials, e9wpmentservicesseces etc HEREOF AND IN THE GENERAL AND SPECIAL PROVISIONS =r,d in connection with or incorporated in said work have been paid ATTACHED HERETO ARE HEREBY INCORPORATED INTO iof in full. AND MADE A PART OF THIS SUBCONTRACT. IN WITNESS WHEREOF tho parm-as hereto have executed this Agree nvzo for, executors, successors, administra- =s, and assignm.on the day and ywr AM above. written. L..!_i-c WITNESSED BY: 'A By aq TTZST. Z-A.7- -- z, Title Subcaawactor Ely Title Date Tract 6576 CENERI _� PROVISIONS TO THE SUBC®N ACT FOR � 11 '�ds:w r xnw.s-�'t t'rs.f+cp� toS %.: .]L1A9� �-J�i...l.t..Lsl.l ty� l.�bY CIO. 1. Contract Documents subcontract are to be new and of the most suitable grade of their resper- The contract documents referred to in Sectinn I of the Additional tive kinds. for the purpose, and all workmanship shall he first class. Prn%i,iops of Subcontract shall also include the Construction Contract Where equipment, materials or articles are referredto in spyrifir at ions as and the general Provisions attached thereto. The subcontract doeu- .equal to" any particular standard, the Owner and/or the t ­ntrartnr ments are eomplementan and what is called for by one shall be deemed shall decide the questions of equality. The Subcontractor shall f,:rnish to to be palled h•r bs all, except in case of conflict between the Additional the Contractor, for approval, full information concerning the rn.:•erials •,r Pm,isi,nn of the Subcontract and the General Provisions to the Sub- articles which he contemplates incorporating in tier .ynrk 1�;:•.,ple< <4 contract, the Additional Provisions of the Subcontract shall govern. materials shall he submitted for approval when so directed, and materials 2. Contract Drawings used shall conform to.approved samples. Machinerv, equipment, mare- The contract drawings are, in part, diagrammatic and show the rials and articles installed or used without such approval, shall hr at general irranvements of ducts, piping and work of other mechanical the risk of subsequent rejection. The Contractor may, in w•ntinj:. require trade. The Subcontractor shall have a competent superintendent on the Subcontractor to remove from the work such cmpinyec, as the the wl, site to coordinate all field work prior to installation and/or Contractor deems incompetent, careless, insuhnrdinate or otherwise ob- submis.ion of field or shop drawings for approval. jectionable, or whose continued employment on the work is deemed by the 3. Verification of ,141easurements, Drawings, and Specifications 12. Contractor in he contrae to his or the puhljc ,nrcreu. Inturm.16on regarding the site of the work given in drawings and 1.. Warranties specifications is believed to be reasonably correct, but the Contractor a. The Subcontractor shall at the request of, and in a manner accept- specifications does not warrant either the completeness or accuracy of such informa- able to the Contractnr, correct any defects in workmanship or materials rials tion, and it is the responsibility of the Subcontractor to verify all such which appear within a period of one (1) cear from the date of final information, independently, and to make such -other examination of acceptance by the Owner. the site as shall reasonably be n-cessary to satisfy himself of the condi- b. Except as otherwise expressly provided in this contract the Suhcn!!- two' tie be encountered during construction. In anv case of discrepancy, tractor warrants all mechanical and electrical equipment to he free frn n either to the figures, in the drawings, or in the specifications, the matter defects of design, material and workmanship for a period of one cear shall he promptly submitted to the Contractor, who shall promptly make from date of acceptance thereof; and the Subcontractor, promptly after a determination in writing. Anv adjustment by the Subcontractor with- receipt of notice, shall make good at his expense, all defects developing out such determination, shall be at his own risk and expense. Omissions during such period. from the drawings or specifications or a mi-description of details of e. The remedies provided for in this clause shall not be restrictive but work, which are manifestly necessary to earn• out the intent of the shall be cumulative and in addition to all other remedies of the Cont.ac- draw•ings and specifications, or which are customarily performed, shall for in respect to latent defects or fraud; provided, however, that the not relieve the Subcontractor from -performing such omitted or mis- maturing of any right hereunder, after final payment has been made to described details of work, but they shall be performed as if fully and the Contractor and then to the Subcontractor, shall be directly dispersed correctly set forth and described in the drawings and specifications. The of by Subcontractor without the necessity of notice to other parties. Subcontractor shall cheek all drawings r•.nd specifications furnished him d. If the Contractor deems it expedient to correct work not ptrinrmej immediately upon their receipt, and shall promptly notify the Contractor in accordance with this Subcontract. an equitable deduction from t -e of any discrepancies. The Subcontractor shall compare all drawings and Subcontract price shall be made therefor. verify the figures before laving out the work, and will be responsible 13. Patents for anv errors which might have been avoided thereby. When measure- ments are affected by conditions already established, the Subcontractor The Subcontractor shall hold and save the Contractor harmless fre•m shall take measurements notwithstanding the giving of scale or figure any liability including costs and expense including reasonable attornes's dimensions in the drawings. Deviations from the drawings and the fee for or on account of any patented or unpare^ted invention, article dimensions therein given, whether or not an error is believed to exist, or appliance manufactured or used in the performance of this subcca- shall he made only at the written authority as obtained from the tract, including their use by the Owner. Contractor. 14. Inspection Examination and Testing A. Lines and Grades a. Except as otherwise provided h.-rein, all ma!eri.il and It shall be the responsibility of the Subcontractor to lay out all lines ship, if not otherwise designated by the specifications, shall be sc�je•_r and grades required for the work in this subcontract in accordance with inspection, examination and test by the Contractor at any and the property survey in applicable drawings from bench marks which during manufacture and/or construction and at any and all places whtr. have been established on and adjacent to the site as shown on the such manufacturing and/or construction are carried on. The Ce-trac: t drawings; bench marks shall be preserved during the construction shall have the right to reject defective material and workmanship period and supplemental monuments and bench marks shall be estab- require its correction. Rejected workmanship shaii be satisfactoriiy ccr- lished.by the Subcontractor to provide necessary horizontal and vertical rected and rejected material shall be satisfactorily replaced with prose: control throughout construction. material, without charge therefore, and the Subcortractor shall pr.--mYt'y 5. Fitting and Coordination of ivork segregate and remove rejected material from the premises. If the S:`•- The Subcontractor shall do all the cutting, fitting or patching of his contractor fails to proceed at once with replacement of rejected material work that may be required to make his several parts town: together and/or the correction of defective workmanship, such failure may properly, and fit to receive or be received by work of other Subcontrac- treated as a-default. tors, shown upon or reasonably implied by the plans and specifications b. The Subcontractor shall furnish promptly,without additional charge, for the completed structure. Any cost caused by defective or ill-timed all reasonable facilities, labor and materials necessary for the safe and work shall be borne by the party responsible therefor. It is further convenient inspection and tests that -ray be required by the Contractor. agreed that the Subcont,-actcr shall not endanger any wprk by cutting, All inspection and tests by the Contractor shall be performed in such diggink or otherwise, and shall not cut or alter the work of any other manner as not to unnecessarily delay the work. Special, full-size z-.d Subcontractor, except with the written consent of the.Contractor. • performance tests shall be as described in the specifications. The Su,---. 6. Mutual Responsibilities of Subcontracts contractor shall be charged with any additional cost of inspection whm It is the further responsibility of the Subcontractor to correctly measure material and workmanship are not ready at the time inspection is re- and 'properly fit his work under this subcontract, and to properly Boor- quested by the Owner and/or the Contractor, or which require additional dinate his work with other trades. In order to prevent duplication of inspection and tests due to inferior or improper material and work- errors, the Subcontractor is not to operate from or use as a basis errors manship. -made b_v other Subcontractors. Inconsistencies or errors are to be imme- c. Inspection of materials and finished articles to be incorporated in diately reported to the Contractor by the Subcontractor making the dis- the work at the site shall be made at the place of production, manufacture .eovery, in writing. Where specific branches of the work are affected by or shipment whenever desired by the Owner and/or the Contractor. other branches of the work, those Subcontractors concerned must confer The inspection of material and workmanship for final acceptance as a and exchange drawings or measurements as may be necessary to insure whole or in part shall be made at the site. Nothing contained in. this complete coordination of the work in its entirety as contemplated by the paragraph shall in any way restrict the rights of the Contractor under plans and specifications. In the event of dispute, the decision of the any warranty or guarantee of material or w•ntkmanship. Owner and/or the Contractor shall be final. 15. Transportation Coats 7. Additional Instructions The subcontract amount includes all transportation costs, etc., appli,-- The Contractor, in his discretion, may furnish additional instructions able to the work covered by this subcontract and it is herebv agreed that by means of drawings or a- otherwise necessary for the proper execution there will be no escalator adjustment covering wages applicable to t''is of the work. subcontract. 8. Communications 16. Licenses and Permits A bulletin hoard will be erected in or around the Field Office of the The Subcontractor agrees to give all requisite notices to the proper Contractor and the Subcontractor or his representative will be required authorities, obtain all official inspections, permits, certificates, a::d to check this board daily for information directly or indirectly affecting licenses made necessary by the work in his charge, and pay all proper his work. Information posted on the bulletin board will be considered and legal fees for the same and all such costs are included in the amount as information passed directly to the Subcontractor or his authorized shown in Paragraph 3 of the Subcontract. representative. 17. Deliveries of Equipment or ?rlaterir,! 9. Supervision All deliveries of equipment or material by the Subcontractor or his The Subcontractor shall give his personal superintendence to the work agents or vendors shall be made direct to the units by prepaid freight. or have a -competent foreman or superintendent, satisfactory to the Con- The handling, unloading and safe storage of said materials will he roe tractor, on the job at all times during progress, with authority to act responsibility of the Subcontractor. Should materials be delivered after for him. working hours in the absence of a representative of the Subcontractor, 10. lob Meetings the Contractor ma_v cooperate in the unloading of said materials, with It is the responsibility of the Subcontractor to have a representative the understanding, however, that the Contractor is not responsible for present for all job meetings when called by the Owner or the Con- any shortage in delivery, and, further, the Contractor shall be paid for tractor. his services. 11. Materials and Labor Standards 18. Storage Facilities Cttless otherwise specifically provided for in the specifications, all a. The Subcontractor shall store his materials within such locations ns equipment, materials and articles incorporated in the work covered by this approved by the Contractor. The Subcontractor shall hold and save the Tract 65,76 .Huntington Beach, Calif. . 31. The work contained or described in this subcontract agreement includes all the work of this type "and trade classification ( SAN.ITARY SEWERS & STORIT DRAINS ) of the total work to be performed in compliance with the requirements and provisions of all addendas , amend- ments, and changes , whether stipulated in the Specifica- tions or in other sections of the Plans, and includes all work ordinarily and usually performed as a part of the work covered by this subcontract or usually performed by a subcontractor doing work of this trade classification and/or work required to be performed by the employment trades used by the subcontractor and pursuant to the authority of any union jurisdiction rules or customes . 32. CUSTOMER COMPLAINT SERVICING - All customer complaints shall be completed within seven (7) days of receipt of the complaint with the exception of plumbing , heating and electrical which will be completed immediately upon notice of the complaint. Heating, .electrical and plumb_ ing shall be required to have an emergency telephone number for night calls. It is the responsibility of the subcontractor to obtain the signature of the customer after the complaint has been completed to their satis- faction. The signed work sheet should be mailed back to our Customer Service office at AS D)_RECTED If any complaint is not satisfactorily serviced within the specified time, Kaufman and Broad shall take the necessary steps to complete said complaint and charge back to the partic- ular -subcont-ractor unless subcontractor can prove that the complaint could not be taken tare of due to the resident not being come or any other reasonable expla- nation. Contractor Subcontractor Title DATE: �� J EXHIBIT "Al" TRACT 6576 CONTRACT BET "MEN IMIT LAND CO;�MANY and COLICH CONSTRUCTION CO. 1. Lien and Completion Bond in the amount of 100% of the contract & Perfo=.ance Bond in the amount of. 100'/o' of the contract on forms acceptable to Contrac;,or shall be furnished by Subcontractor, and Subcontractor agrees to pay premium cost of sane. 2. Subcontractor under penalty of bonds attached hereto and made a part hereof shall furri.sh all labor, material, tools and equipment- necessary and do all work required pursuant to this contract, approved construction drawings pre- pared by R. Galloway & Assoc. and pursuant to the requirements of the Cou,-;1-7 of Orange required for the complete construction of Storm Drain.and Sewer System, including but not li-dted to pipe, structure, excavation, backfill, flooding and compaction of trenches, etc. Included in contract are manholes & valve boxes trnich are to be brought to finish paving grade after paving and also includes any asphalt patching in connection here-Kith. 3. Subcontractor acknowledges that he has personally investigated all site and other conditions and that he has included the prices attached in all job cost"a that are known or anticipated. 4. This contract is predicated on unsigned plans dated before bid date of June ; 1968.:, If-the.tirork is changed on the signed plans so that the cost of the work and the material to the Subcontractor is increased, theSubcontractor shall be paid his increased cost as mutually agreed upon between the pasties hereto. increased quantities of items of work set forth in �;;;ibit "B" which are not involved in increased cost because of the aforesaid changes shall be paid for at the unit prices set forth in Exhibit "B" and multiplies: by actualfield-quantities installed and As approved by the project superinterz :- and the Contractor's engineer. KENT LAND COMPANY COLICH CONSTRUCTION CO. Dated: 9 -103 Dated: �f /�t— EXH IB IT "B"' TRACT 6576 SANITARY SF-VIER: QUANTITY UNIT PRICE TOTAL .1 . 8" V.C.P. Sewer rain 3,570 L.F. $3.70) $1:3,209.OG. 2. 4" V.C.P. house connections 1 ,488 L.F. $3.20 4,761 .6o.; 3. Manhole 15 Units $300..00 ea. 4,500.00. 4. 8" V.C.P. Sewer :fain 81'3 L.F. $8.41 6,837.33 5. 4" V.C.P. house connections 600 L.F. $3.20 1 ,920.00 6. Bond ( 243-51 7. Manholes 3. Units 333.00 ea. 999.0.0. TOTAL $32,470.44 STORM DRAIN: 1 . 36" R.C.P. 1 ,325 L.F. $21 .7a $28,752.50- 2. 241" R.C.P. 50 L.F. $13.00 650.00; 3. 18" R.C.P. 101 L.F. $12.00 1 ,212.00: 4. Manhole 3 units $650.00 ea. 1,950.00 5. Catch Basin 3 units $450.00 ea. 1.,350.00; 6. Junction Structure 1 unit $1 ,700.00 ea. 1,700.00; 7. 1111 x 118" x 301 C.M.P. arch 30 L.F. $1:5.00 450.00, 8. Bond 276.93 Total $36,341 .43 ALTERNATES: Local depression & transition - 390 S.F. 6 $1.50 = $585.00. if required.. Temporary paving, as required, -rill be placed for $12.00 per invoice ton as extra work. Import backfill material, if required, will be supplied by others at the site apt no cost to Colich Construction Go. Excess excavated material to be left at the site of the work, leveled or windrowed, at Ozmer's option. Cost of compaction tests are not included in unit prices and are for the Owner's account. KENT LAND CGIMPANY COLICH GONSTRUCTICN CO. Dated: Dated: /� ADDENDUM NO. 1 TO SUBCONTRACT AGREEMENT DATED August 13 , 1968 ct✓ BEWEEN tl t� DENT LAND COMPANY_ AND COLICH CONSTRUCTION CO. ON TRACT 6576 , Huntington Beach, Calif. , Orange County Contract revision due to changes made in approved plans . All items under Storm Drain (Items 1 thru -S) gre hereby deleted and the following is a list of items that become a part of the Subcontract Agreement dated August 1,3 , 1968 . STOM-1 DRAIN REVISED•: Additions: 4211 R. C. P. , RGJ r,323.02 L.F. C $48.88 per ft.----$64,699.21 361, R. C. P. , RGJ 141 .5 L.F.- C� $40.62 per .ft. 5,747.73 30" R. C. P. , RGJ 60 L. F. C $37.96 per ft. 2,277.60' Manhole, 7-+-02.52 1 Unit Q $1 .,350.00 ea. 1,350.00. Manhole, 13-:34 1 Unit 0 $1 ,100.0C ea. 1 ,100.00 Junction S ructure, 13+12 1 Unit -D $450.00 ea. 4.50.00 Sel-ler supptrt, 3+94 1 Unit C $2CO.00 ea. 200.00 Sewer Support, 6+00 1 Unit $300.00 ea. 300.CO- Sewer Support, 6+92 1 Unit 0 $3,000.00 ea. 3,000.00 Catch Basin 'I , ir1=11Y, V=6.01 41 F/3 1 Unit C $1 ,150.00 ea. 1,150.C0 Catch Basin 2, T+=7, V=5.91 , 41F/B 1 Unit 9 $700.000 ea. 700.00 Catch Basin ,�'3, V 14,V=5.58, 4'F/B 1 Unit Q, $1 ,150.00 ea. 1,150.00 Local. depression & transitions 482 S. F. E $1 .50 per ft. 723 L�� . Total 82,817.54 Improvements im Security Fore Subdivision:_ Curb & 2t Gutter, •rennove & replace, 170 L. F. E $4.00, per ft. $680..00 Cross Gutter, 81 r. 32t, remove & repl., 256 S.F. C $2.00 per ft. 512.00 Spandrel (Returns), 347± x 2, remove & rep1. ,694 SF C- $2.00 ft. 1. 388.C-G Gas main, •remove and replace 275 L. F. C $3.00 per ft. 825.00 Cut & reconnect gas services 2 Units 0 $50.00 ea. 100.00 Total 3,505.00. Haul e7-r--c--s from east of Nowlond to site west of Pe--gland and waste : 5,0,4 C.Y . $ . 50 per yd . 2 ,912 . 00 2 ,912 . 00 BOND 624. 98 624. 98 GRAND TOTAL $89 , 859 . 52 IF REnUIRED : Import back-fill supplied by Owner at not cost to Colich Construction Co . Compact Owner' s-supplied backfill at $ . 50 yd . ' 42" . . . . 7 ,627 yds . @ $ . 50 per yd , $3 ,813 . 50 36" 123 yds . @ $ . 50 per yd . 61 . 50 30" . . . 42 yds . @ $ . 50 per yd . 21. 00 TOTAL . 00 Note : All quantities are to be field measured and actual amounts to be verified . �_ !> CONTINUED ON NEXT PACTS r . ALTU NAT}:;S: 1 . Temporary paving, as rewired, will be placed for $1.2.00 per invoice ton as extra work. 2. Import backfill .ma.terial, if required, will be supplied by others at the site at no cost to Colich Construction Co. 3. Excess excavated material to be left at the site of the work, leveled or windrowed, at owner's option or removed from site to east of Newland for the lump sure of $2,912. 4. Cost of compaction tests are not included in unit prices & are for the owner's account. All of the other terms and conditions of the Subcontract Aoreertent shall remain the same. The Subcontractor agrees to complete the work as expeditiously as possible and will Q keep a full crew on the project as long as there is work available to be done a , the project is not con leted. It is further agreed and understood that the pipe will be installed and backfilled within 21 days from the date of starting the job. KENT LAND COMPANY COLICH CONSTRUCTION CO. Date: Date: PURCHASE ORDER KAUFMiAN AND FROAD, INCv 10889 WILSHIRE BLVD. LOS ANGELES, CALIFORNIA N 0 7629 90024 213-473-2021 �- — DATE--_-=—=- --DATE REQ'D- Bill to: 1. Off-site const. f1}, 2. On-site coast. ❑ -- 3. Sales & Marketing ❑ 4. Buyer's Changes ❑ — ------- —PHONE- --- W_ ,F_ 5. Customer Service ❑ SHIP TO 6 Other ❑ PROJECT_- SHIP VIA-------- —_ TRACT ___ •LOT_ _— I. Item purchased. _ --_ — _ -- —_-- 11. Unit Price _ __=___t Total Not to Exceed Price ` __ — Or Number of t.1an Hours -- _ III. Reason for Purchase in Detail: CONDITIONS AND INSTRUCTIONS 1. The above price includes all labor, material, permits, taxes, etc. 2..All invoices and statements must be billed as instructed above. P.O. No. must app,-ar on delivery tickets, invoices, and correspondence. Labor and material releases must accompany billing. 3. This purchase order subject to cancellation if quality and delivery are not satisfactory to purchaser'. 4. Receiving slips must be signed by our field or authorized representative. 5. In the event there is a subcontract between the parties hereto, all the terms arid conditions are made a part hereof and inccrporated herein by reference. ADDITION TO CONTRACT YES--.— NO BACK CHARGE 1'E5 NO— TO WFiC`;t__—_____— REMARKS _ _ ACCEPTED__ _ - " 'r' '� -= PURCHASER_ BY - APPROVED BY: Purchasing — FOR PAYMENT Production Amount Approved— Sales Mgr. r �t Division Mgr. Engineering PI,IRCHASING COPY ` ` . . ^ � ' PURCHASE ORDER KAURMAN AND BROAD, INC. . 10809VV|LSH|RE BLVD. LOS ANGELE5. CALIFORNIA /YU�2 8616 � � u / u 90024 213'478'2021 TO— DATE -DATE RE8'D'��� BiUto: l. OM'sitoconst. [] 2. On'siteconst. [-1 3. Sales & Marketing [] 4� 8Uyer'sChsnges -PHON 5. Customer Sep/ice - SHIP 6. Other [] PR0 SHIP |. Item purchased. ` o. Unit Price | Not to cxoovu Price o,Number of man Hours U|. Reason for Purchase in Detail: � _ CONDITION'S AND INSTRUCTIONS 1. The above pnzc ino|uus, ox labor, matrno|, permits, taxes, e�. z Al; invoices and statements n:ug be umsu as instmcmu above. P.O. No. must appear on delivery tickets, invoices, and correspondence. Labor and mzZ,,/z/ o|cau:o must zccoopony mmns. 3. l»/s pumxoox order subject u,cancc/iat/on i,quality and delivery are n:)t sausfaoton/to purchaser. 4. Roccivino sonn must ue n/onuu uv Out'ncid or authorized representative. 5. In the event txma isz Subcontract 'Dau:contoo parties ocmu` all the terms and conditions are made o part hereof and incn »oo�d xere"In bw reference. ADDITION TO CONTRACT YE3_____ N0_..__- BACK CHAf"'GE YES_____ N0_-�___ TO WHOM REN\ARRS A�CEPTE �] PURCHASE j BY— ' ' '' ' -BY APPROVED 'BY: Purchasing— ­FOR PAYMENT Production AmountApprovad Sales M�r. Division EnQinuehnQ__-____-________ rVRCHAS|nGDOPY | SCENT LAND MiRMN Vendor SUBCONTRACT This Age�ement made acid entwed into this d-y of .--- IV— by and between Kaufman and Broed, hereinafter called the Contractor, and - _ -S''+"' E "" " ''' _ 777 , hereinafter called the Subcontractor whose business address is I-' Ott'- 6,tlln :' ce.c.t r: �t—I .'.`Is ��?� w �v %'; "-' - - — (1) WITNESSETH: r'::'•-�� n.�.f:.e ,�,•o..-��,n;rr WHEREAS, THE CONTRACTOR HAS ENTERED INTO A CONTRACT WITH c M-� - a •• S F",.��.' HEREINAFTER CALLED THE OWNER FOR THE CONSTRUCTION OF L"4 (]+/.r AT tN ACCORDANCE WITH ALL rERMS, COVENANTS AND CON'tiTliUCTION CONTRACT BETWEEN THE OWNER AND THE CONTRACTOR, AND WHEREAS, complete plans, specifications, and drawings have been prepared by the Contractor and the architect for the Contractor, and WHEREAS said plans, specifications, and drawings have been approved and purchased by the Owner and WHEREAS, the contract documents have been prepared by the Owner, and WHEREAS, the Subcontractor has signified his willingness to perform the work and furnish all necessary labor, materials, equipment, services, and supplies for a complete job of TOGETHER WITH ALL INCIDENTAL WORK THERETO. NOV,', THEREFORE, IT IS AGREED, between the parties in consideration of the mutual acreements herein as follows. 1. The Subcontractor, to the entire satisfaction and approval of the 3e. In the event that the Subcontractor fails to pay and discharge Contractor and Owner or their authorized representatives and/or assigr is, when due• any hills of any kind or nature incurred by the Subwontractor agrees to furnish all labor, materials, tools, necessary equipment and in fulfillment of this Contract, or if at any time there .hall'be any temporary protection, and to perform all work or services described in evidence of any lien or any claim against the Contra t,,r a, a result of Paragraph 2 hereof, in strict accordance with the Construction Contract the Subcontractor's operations, the Contractor shall have the fight to and its general provisions, this contract and its general provisions and retain out of any payment herein due or any payment tr, hecr,me due with the Contract plans, drawings, specincations and addenda thereto. an amount sufficient for the Contractor to completely indemnify the 2. The Contractor and the Subcontractor agree that the work to be Contractor against any such lien or claim including attorney''% fees performed by the Subcontractor is as follows: incurred by reason thereof. ta:Lc!", :[ y ? a='!�:' ,�4 3f.' do payment made under this Contract shall he eondu.ivc evi- ' "E of the performance of this Contract, either wholly or ,n part, r:" •'_ ";Lc3 7d no payment including final payment shall be construed to be an t n acceptance of defective or unsatisfacto workmanshipand/or material,. �; d A •:as' G,L'� 1:d ?.Yi~:`;.i::.','til.� '°.C:@: (_'•.: �.1 -r.,..':"! ('.:'C;i« P that .�C2.:.�v1"t,sc.... _ 3g. The Subcontractor agrees .hat monies received for the perform- s `"s^ ,"� n•'s ance of this Contract shall be used primarily for labor and matenls . f7 a1. ;s P Y' �,,,'y �,�,,,-�r - i ��•,µe , .•aL� _ jr_ entering into this work and said monies shall not be diverted to satisfy a,€ ' �,'•.>; t� t ti-,a.:_ :: ••c ? v -•r C)a 4i« Ll&Tlgations of the Subcontractor on other contracts. ,. •3.•.:.,;;r �;` ?: ) 'r � 3•[:^{�Y 4. In the event that an provision thereunder shall he held invalid �i�� :ut::..:s�,.e,.,� ......•:����'�-3� t...:...'.:� t�;� - t2�:�i:, '.4sL:uc�.r•� Y F r;-•3 �r1 c. , r_ by any court of competent jurisdiction, the remainder of this agreement SitC?C:L :�.� .t . ._a,. s _rt. ...t-�ri �l �i✓l•...� shall not be affected thereby. s' ~.; :'_"'^'�'; • %-3: " s;': _ :'i-3C". `=�'u 5. For convenience to Subcontractor referred to herein as an indi- r;;���,.4.,_ rs - ; r ; a a vidual, the word "he" shall, as the sense may require, be construed to l+'..fi L"$`ot .�., �.�r...l�f i� �.:. L`.: �t,f � trCa >ut�c3°.0 •� •� � � mean "she," "it" and "them" and the word "his" shall be construed to z r- in '."c,')o: + s t 6. mean "hers," "its" and "theirs." 8. The signature of any person to this agreement shall be deemed a ilt �'G"L"C7• personal warranty by that person that he has the power and the authority to bind any corporation, co-partnership or any other business entity for whom he purports to act. 3a. In consideration whereof and for the full and faithful perform- 7. The Subcontractor agrees that he personally guarantees the ance of his work, the Contractor agrees to pay the Subcontractor in faithful and complete performance of all the terms and conditions of accordance with the attached Schedule of Buildings attached hereto this Contract and the general provisions hereto attached. and made a part hereof, subject to additions and deductions for 8. The parties agree that all of the provisions of the Contract, the chap$es as maybe agreed upon in writing, signed by boLh parties, pro- ridditicnal Provisions and the General Provisions are conditions of the vided that no payments are to be made unless the Subcontractor's rate Contract, and that breach of any of these provisions by the Subcon- of progress, work done and materials furnished are satisfactory to the tractor shall create the right in the Contractor to terminate the Contract Contracto;.as herein agreedA". Payments are to be n-"de as follows: without incurring any liability exceppt for the value of the work per- �t-D. nr_ ::_i ';C3`: _11 -iris_.t t.. .313'v; :•'�tW"`, :' >�{iCo-formed and materials furnished on thx site by the Subcontractor prior to the dahvery g`'`''j by '�?'y'�1wu�Y �'-'{ Z-'_l ; a� ;"�� O n. Nothing herenoshall the Sbecconstrued ontractor f written notice f¢s nany ns nerh ti o restricr,gor " '" C t� � t?Cr limiting any rights and remedies of any party on breach of this Agree- ment Schedule Z �- " �� =�J'��� �'�-��- 1"� addition to all t n others pro vided by thd the remedy is rovided in t s Agreement orcby law.lause be in made x-AtiIL-1 � �) '=a Iyo :E'_ " I�o-ce Y)e Cr In- 9. No o.e! statement of any person whomsoever shall in any manner U3 rCr'ti .s.i� arreeedree thatnnothing done by or sthefiect the Contractor rin the of this Contract. It is performance of its �1:..c•..i���h`? G. f' .3 . ..1.•:_. .:r..._._,.._:.._ ,, o ligation% hereunder or in directing performance by the Subcontractor 4 Gs.Jl..�C` $ r:•l.a':�'.�. f:,'s3 ? `.e�'.. w`"�:?.ri U shall be construed in any manner or to any extent whatever as a waiver �µ :� y s ,,�, , by the Contractor of any default in a failure of performance of the terms on all -p^ _nca tee �O ?. 3�:�-)l €3�`.-!�'.� c�.,"'t :':t .1rA• t�id conditions of this Agreement by the Contract. It is agreed that no ,.. k)y O-Aa- :wit rJs; "'...°fir"� YF�C? _a^� 2rr.s.Y �.Y> �' person has or shall hereinafter have any power or authority to µgive, l:yC L,r;� t. �, ri ; r,e w vr9 r. _ rmodify, alter or rescind any provision of this Agreement for the Con- y' �=r0 act ."�• G: _ ��i din`praetor except the person or persons whose names are affixed to this ,Ail,.l:'A�F', ices are into nro:-,t- r Cr D$'. "'ontract as contracting representatives of the Contractor and except further, such persons as are authorized by the President or Secretary of the Contractor, in writing, to agree to such waiver, modification, 3b. The Subcontractor shall provide the Contractor with assurance alterations or rescission and in the case of these latter persons, their that he will provide service during the extent of the warranty. This authority shall be strictly limited to the terms of the writing. can be in the form of a cash retention or a bond in an amount agreed 10. It is hereby expressly understood and agreed between the parties upon by both parties. that in the event a dispute should arise as to the performance of the e ardleu of the terms of t provided for herein the obligations of the parties pursuant to this Agreement, that the parties Contractor shall not be required to make any payments to the Sub- will adjudicate any such dispute in the Courts of the State of contractor that would leave a balance due Subcontractor insufficient to cover the retained percentage plus an amount sufficient to satisfy a.11 Calif ,and the parties agree that each will accept service of process obligations of the Subcontractor for labor, r=teriRls, equipment, serv- km, etc., furnished or to ba fi-xin gfied by tl•.,r. Subc-ontractor hen-under. outside of the State of Cal if Orn is with the same force and Payment for any, work not covered by this Ccatmct will not b2 mr.�de effect as if such process had been served within the State of unl as covered by an order sued by the Cantractoi s Project Manager and any such order must be obtaln�d prior to the start of such work Calif. , and each of the parties agree that the Courts of the zwt covered by.this Contract, If an order is not so obtained, no pay- ments will be made for any work not covered by this Contract. State of California shall have in pesonam jurisdiction over 3d. The Subcontractor agrees, as a eoad idoir precedent to receiving the parties in connection with this Agreement of any litigation which say payments, that he will varnish the Conte ctor satlsfaciory releases may arise as a result hereof. wafvurt of lien,affidavits,and such further evideuee as may be requfre� AL 'I. THE PROVISIONS SET FORTH ON THE REVERSE SIDE by the Contractor that all labor, materials, equipment, services etc. HEREOF AND IN THE GENERAL AND SPECIAL PROVISIONS tt=d in connection with or incorporated in said work have been pail ATTACHED HERETO ARE HEREBY INCORPORATED INTO for in full. AND MADE A PART OF THIS SUBCONTRACT. IN WITNESS WHEREOF tho parties hereto have executed this AArrm.-It for,-thSmstlyes, theica reirs, executors, successors, administra- tx% and assips,on the day and year first above. written. %MESSED BY: AsIES1: Subcontractor Y ti0.1 Date ' Tract 657, CENER..,. PROVISIONS 4® THE SUBC®Pe . .ACT FOR T:S?,I'T7_1 1W -EC€MN- TCAL. C4 as AC' O&S G. A Ana,, �'9.ts.11.f0 (/ L.LV) 5rl'/ —A3r7 1. Contract Documents J subcontract are to he new and of the mint suitable grade of their resper- The contract documents referred to in Section of the Additional tive kinds for the purpose, and all workmanship shall he first class. Provisions of Subcontract shall also include the Construction Contract Where equipment, materials or atticles are referred to in sprrifuations as and the General Provisions attached thereto. The subcontract docu- "equal to" any particular standard, the Owner and/or the ( mtrartor meats are complementary and what is called for by one shall be deemed shall decide the questions of equality. The Subcontractor shall furnish to to he called for Is all, except in case of conflict between the Additional the Contractor, for approval, full information concerning the rn:,rerials �r Pros isi,n, 4 the Subcontract and the General Provisions to the Sub- articles which he contemplates incorporatint; in the wfirk �arnplrs ,f contract, the Additional Provisions of the Subcontract shall govern, materials shall he submitted for approval when so directed, and materials 2. Contract Drawings used shall conform to.approved samples. Machinery, equipment, mare- The contract drawings are, in part, diagrammatic and show the rials and articles installed or used without such approval• shall he at general arrangements of ducts, piping and work of other mechanical the risk of subsequent rejection. The Contractor may, in w•ritint;• require trades. The Subcontractor shall have a competent superintendent on the Subcontractor to remove from the work such rmpinyrrs as the the i,•b site to coordinate all field work prior to installation and/or Contractor deems incompetent, careless, insuhnrdinate or nthrrmse ob- suhmission of field or shop drawings for approval. jecdonahle, or whose continued employment nn the wnrk is deemed by 3. Verification of Measurements, Drawings, and Specifications the Contractor to be contrary to his or the public interest. 12. Warranties information regarding the site of the work given in drawings and a. The Subcontractor shall at the request of, and in a manner accept- speclhCatlons is believed to be reasonably correct, but the Contractor able to the Contractor, correct anv defects in workmanship or materials does not warrant either the completeness or accuracy of such infnrma- which a tion, and it is the responsibility of the Subcontractor to verify all such appear within a period of one (1) year from the date of final information, incirpendently, and to make such -other examination of acceptance by the Owner. the site ac shall reasonably be necessary to'satisfy himself of the Bondi- b. Except as otherwise expressly provided in this contract the Subcon- tions to he encountered during construction. In anv case of discrepancy, tractor warrants all mechanical and electrical equipment to he free from tither in the figures, in the drawings, or in the specifications, the matter defects of design, material and workmanship for a period of one year shall be promptly submitted to the Contractor, who shall promptly make from date of acceptance thereof; and the Subcontractor, promptly after a determination in writing. Any adjustment by the Subcontracror with- receipt of notice, shall make good at his expense, all defects developing out such determination, shall be at his own risk and expense. Omissions during such period. from the drawings or specifications or a misdescription of details of e. The remedies provided for in this clause shall not be restrictive but work, which are manifestly necessary to carry out the intent of the shall be cumulative and in addition to all other remedies of the Contra,-- drawings and specifications, or which are customarily performed, shall for in respect to latent defects or fraud; provided, hn%%eyer, that the not relieve the Subcontractor from performing such omitted or mis- maturing of any right hereunder, after final payment has been made to described details of work, but they shall be performed as if fu!ly and the Contractor and then to the Subcontractor, shall be directly disposed correctly set forth and described in the drawings and specifications. 1-he of by Subcontractor without the necessity of notice to other parties. Subcontractor shall check all drawings and specifications furnished him d..If the Contractor deems it expedient to correct work not perfnrrre.f immediately upon their receipt, and shall promptly notify the Contractor in accordance with this Subcontract, an equitable deduction from the of any discrepancies. The Subcontractor shall compare all drawings and Subcontract price shall be made therefor. verify the figures before laying out the work, and will be responsible 13. Patents for any errors which might have been avoided thereby. When measure- ments are affected by conditions already established, the Subcontractor 'The Subcontractor shall hold and save the Contractor harmless from shall take measurements notwithstanding the giving of scale or figure any liability including costs and expense including reasonable attorneys dimensions in the drawings. Deviations from the drawings and the fee for or on account of any patented or unpatented invention• article dimensions therein given', whether or not an error is believed to exist, or appliance manufactured or used in the performance of this subcon- shall be made only at the written authority as obtained from the tract, including their use by the Owner. Contractor. 14. Inspection Examination and Testing .4. -Lines and-Grades a. Except as otherwise provided herein, all material and syn-k ra It shall be the responsibility of the Subcontractor to lay out all lines ship, if not otherwise designated by the specifications, shall he subje_t and grades required for the work in this subcontract in accordance with inspection, ;xamination and test by the Contractor at any and allthe property survey in applicable drawings from bench marks which during manufacture and/or construction and at any and all places when have been established on and adjacent to the site as shown on the such manufacturing and/or construction are carried on. The Conttact�.t drawings; bench marks shall be preserved during the construction shall have the right to reject defective material and workmanship cr period and supplemental monuments and bench marks shall be estab- require its correction. Rejected workmanship shall be satisfactorily ccr- lished by the Subcontractor to provide necessary horizontal and vertical rected and rejected material shall be satisfactorily replaced with prone: control throughout construction. material, without charge therefore, and the Subcontractor shall promptly 5. Fitting and Coordination of Work segregate and remove rejected material from the premises. If the Sub- The Subcontractor shall do all the cutting, fitting or patching of his contractor fails to proceed at once with replacement of rejected materia: work that may be required to make his several parts come together and/or the correction of defective workmanship, such failure may tel properly, and fit to receive or be received by work of other Subcontrac- treated as a-default. tors, shown upon or reasonably implied by the plans and specifications b. The Subcontractor shall furnish promptly,without additional charge, for the completed structure. Any cost caused by defective or ill-timed all reasonable facilities, labor and materials necessary for the safe and work shall be borne by the party responsible therefor. It is further convenient inspection and tests that may be required by the Contractor. agreed that the Subcontractur shall not endanger any wprk by cutting, All inspection and tests by the Contractor shall be performed in such diggink or otherwise, and shall not cut or alter the work of any other manner as not to unnecessarily delay the work. Special, full-size and Subcontractor, except with the written consent of the- Contractor.• performance tests shall be as described in the specifications. The Sub- 6. Mutual Responsibilities of Subcontracts contractor shall be charged with any additional cost of inspection when It is the further responsibility of the Subcontractor to correctly measure material and workmanship are not ready at the time inspection is re- and 'properly fit his work under this subcontract, and to properly coor- quested by the Owner and/or the Contractor, or which require additional dinate his work with other trades. In order to prevent duplication of inspection and tests due to inferior or improper material and work- errors, the Subcontractor is not to operate from or use as s basis errors manship. made by other Subcontractors. Inconsistencies or errors are to be imme- e. Inspection of materials and finished articles to be incorporated in diately reported to the Contractor by the Subcontractor making the dis- the work at the site shall be made at the place of production, manufacture eovery, in writing. Where specific branches of the work are affected by or shipment whenever desired by the Owner and/or the Contractor. other branches of the work, those Subcontractors concerned must confer The inspection of material and workmanship for final acceptance as a and exchange drawings or measurements as may be necessary to insure whole or in part shall be made at the site. Nothing contained in this complete coordination of the work in its entirety as contemplated by the paragraph shall in any way restrict the rights of the Contractor under plans and specifications. In the event of dispute, the decision of the any warranty or guarantee of material or workmanship. Owner and/or the Contractor shall be final. 15. Transportation Costa 7. Additional Instructions The subcontract amount includes all transportation costs, etc., appli:- The Contractor, in his discretion, may furnish additional instructions able to the work covered by this subcontract and it is hereby agreed that by means of drawings or as otherwise necessary for the proper execution there will be no escalator adjustment covering wages applicable to this of the work. subcontract. 8. Communications 16. Licenses and Permita A bulletin board will be erected in or around the Field Office of the The Subcontractor agrees to give all requisite notices to the proper Contractor and the Subcontractor or his representative will be required authorities, obtain all official inspections, permits, certificates, and to check this hoard daily for information directly or indirectly affecting licenses made necessary by the work in his charge, and pay a!1 proper his work. Information posted on the bulletin board will be considered and legal fees for the some and all such costs are included in the amount as information passed directly to the Subcontractor or his authorized shown in Paragraph 3 of the Subcontract. representative. 17. Deliveries of Equipment or Material 9. Supervision All deliveries of equipment or material by the Subcontractor or his The Subcontractor shall give his personal superintendence to the work agents or vendors shall be made direct to the units by prepaid freight. or have a competent foreman or superintendent, satisfactory to the Con- The handling, unloading and safe storage of said materials will he the tractor, on the job at all times during progress, with Authority to act responsibility of the Subcontractor. Should materials be delivered after for him. working hours in the absence of a representative of the Subcontractor, 10. Job Meetings the Contractor may cooperate in the unloading of said materials, with It is the responsibility of the Subcontractor to have a representative the understanding, however, that the Contractor is not responsible for present for all jnh meetings when called by the Owner or the Con, any shortage in delivery, and, further, the Contractor shall be paid for tractor. his services. 11. Materials and Labor Standards 18. Storage Facilitlea 1:uless otherwise specifically provided for in the specifications, all a. The Subcontractor shall store his materials within such locations as equipment, materials and articles incorporated in the work covered by this approved by- the Contractor. The Subcontractor shall hold and save the Tract 6576 Huntington Beach, Calif. 31. The work contained or described in this subcontract agreement includes all the work of this type 'and trade classification ( SYSTEM ) of the total work to be performed in compliance with the requirements and provisions of all addendas, amend- ments, and changes, whether stipulated in the Specifica- tions or in other sections of the Plans, and includes all work ordinarily and usually performed as a part of the work covered by this subcontract or usually performed by a subcontractor doing work of this trade classification and/or work required to be performed by the employment trades used by the subcontractor and pursuant to the authority of any union jurisdiction rules or customes. 32. CUSTOMER COMPLAINT SERVICING - All customer complaints shall be completed within seven (7) days of receipt of the complaint with the exception of plumbing, heating and electrical which will be completed immediately upon notice of the complaint. Heating,' electrical and plumb- ing shall be required to have an emergency telephone number for night calls. It is the responsibility of the subcontractor to obtain the signature of the customer after the complaint has been completed to their satis- faction. The signed work sheet should be mailed back to our Customer Service office at ASD F If any complaint is not satisfactorily serviced within the specified time, Kaufman and Broad shall take the necessary steps to complete said complaint and charge back to the partic- ular subcontractor unless subcontractor can prove that the complaint could not be taken care of due to the resident not being home or any other reasonable expla- nation. KENT LAND COMPANY KENNEDY MECHANICAL CONTRACTORS Contractor C/ Subc�ntractor ,f Title_ DATE: .�' S� SCHEDULE "A" TRACT 6576 1. Subcontractor under penalty of bonds attached hereto and made a part hereof shall . furnish all labor, materials , tools and equip- ment necessary and do all work required pursuant to this contract , approved construction drawings prepared by R.M. Galloway & Associates and pursuant to the requirements of the City -of Huntington Beach and/or County of Orange required for the complete construction of Water System, including but not limited to pipe , structure , excavation 'backfill, flooding and compaction of trenches , etc . Manholes and valve boxes are to be brought to the finish paving grade after paving and also includes asphalt patching in connection herewith.. 2. Payment and Performance Bonds in the amount of 100% of the contract on forms acceptable to Contractor shall be furnished by the Sub- . contractor and Subcontractor agrees to pay premium cost of same . -3. Subcontractor acknowledges that he has personally investigated all site and other conditions and that he has included within the prices in Exhibit "B" attached all job costs that are known or anticipated . 4. This contract is predicated on signed plans , any changes on the signed plans will be mutually agreed upon between the parties hereto. All items of work reflected in such chanje shall be paid for at the unit prices above and multiplied by actual field quantities installed and as approved by the Project Superintendent and Contractor ' s Engineer. 5. A complete'' job, as specified herein, includes the restoration of. the site as found by the Subcontractor. Backfilling of all trenches and cleaning of affected building pads and/or slopes shall be done in such a manner as to restore them to their ori- ginal grades . Excess dirt shall be spread and leveled within the tract as directed by the Contractor ' s Tract Superintendent . 6. ALTERNATE ITEMS ON WATER SYSTEM A. Rock Bedding @ $7 . 00 per ton. B. If import material is required for bedding of backfill use $4 . 00 per ton. KENT LAND COMPANY KENNEDY MECHANICAL CONTRACTORS 50" Dated $- 28- b 8 Dated - 1 -- � SCHEDULE "B" - TRACT 6576 UNIT ITEMS •QUANTITY COST TOTAL 1 . 8" A. C.P. 2254 l. f. $ 3 . 60 $ 8 , 114.40 -2 . 6" A. C. P. 1304 l. f. 2 ..80 3 , 651 . 20 3 . 8" Cast Iron Tee 1 ea. 75. 00 75. 00 4 . 8" x 6" Cast Iron Tee 3 ea. 75. 00 225. 00 5. 8" Gate Valves 6 ea. 210. 00 1, 260. 00 6 . 6" Gate Valves 2 ea. 190. 00 380. 00 7 . Fire Hydrant Assemblies 9 ea. 440. 00 3,960 . 00 8 . 2" Blowoff Assemblies 6 ea. 190. 00 1, 140. 00 9. 8" A. C. P. 816 l . f. 3 . 60 2 ,937 . 60 10. 3/4" Copper Water Services 81 47. 00 3 , 807 . 00 11. 5/8" x 3/4" Meter Boxes 81 8 . 00 648 . 00 12. -5/8" x 3/4" Water Meters 81 47. 00 35807 . 00 TOTAL ,--_ $30;005.20 KENT LAND COMPANY KENNEDY MECHANICAL CONTRACTORS Dated : ,�G'- ADDENDUM NO. 1 TO SUBCONTRACT AGREEMIENT DATED AuZust22 , 1968 BETWEEN i KENNEDY TECHANICAL CONTRACTORS AND KENT LAND COMPANY ON TRACT 6576, Huntington Beach, Calif. , Orange County Contract revision due to deletion of item No. 9 on Schedule "B" DELETE Item No. 9 8" A. C. P. , 816 L. F. @ $3 . 60 . $2 ,937 . 60 New Grand Total . . . . $27 , 067 . 60 All of the other terms and conditions of the Subcontract Agreement shall. remain the sane . ° -. KAUFMAN AND BROAD, . INC. . KENNEDY MECHANICAL CONTRACTORS Date : Date . - PURCHASE ORDER KADFMAN AND BROAD. INC. 108,89 VV!LSH|HE BLVD. bOS ANGELES. CALIFORNIAJO �7O� R]RN|� /�� � ^ °� 90024 213-478'2021 TO DAT ' DATE REO'D— BiUto: l. Off-siteoonst. 2. {)n'siteoonut. 3. Sales & Murkedn0 [] 4' Buyer's Changes �3 . ' 5. Customer Service F-1 ' � SHIP ' 6. Other F] PRCUE '',' / / �� ,� SHIP V| TR / | ^ ' x. Unit Price nxm p,iv Not to Exceed Price Or Number of man Hours U|. Reason for Purchase inDetail: commnnomsmvo mnTeuoTmva z. The above p,/ce includes all labor, material, pcnnits. taxes, :u,. 2. All invoices and xtaten:cnts must be bmcu as instructed above. P.O. No. must appear on delivery tickets, invoices, and correspondence. Labor and material releases must aonnn`pa"' bminS. 3. This vuoxs,e order subject tn cancellation if quality and delivery are not satisfactory to purchaser. 4. Receiving slips must be signed ux our field or authorized representative. 5. In the event there is a subcontract between Via p:riesko,eto' all the terms and conditions are made a part hereof and incorporated herein by reference. ADDITION TO CONTRACT YES_--___ NO_____ BACK CHARGE YES—____' NO-__-__ TO VVHO�(1 REMARKS ACCEPTE PURCHASE _ APPROVED BY: FOR PAYMENT Production ArnountApp/oved___-__' Sales Mgr. Division Mgr. Engineering PURCHASING COPY | ' � ...-•-----M-_a.�n....:,��v.ee.eml��a®emam�n .�.�.r,.o..o�,n.,..nv....,... _ nea.aa..>o n...a.,�aa.,.�.,�®�®..._...oaa.n.o � >�ti-. ilcEitr Zvifh. or a U rIter �tnierica ►,T7' 1 of an Rf° 5771 a KAUFMAN AND BROAD , INC . � AGENCY ACCOUNT � 103^J V�ILSHI L L?OLILFVAR1) s LOS /%NCiLLLS, C LI IFORNIA n00?•4 :it 'c o 17s 14_€dr -SCE 2110 �a • _ _-- _--- - 1222 q t DOLLARS $ 2%'56�7.?.5 9YF PAY TO i`:, c) K A U F M A N AND S R 0 A D INC . THE d ::� AGENCY ACCOUNT ORDER .�">J`.,.;t_9 --e: l. �}:iae...: �:�•:. OF MAIN ST.at LA VETA AVE. ORANGE,CALIFORNIA 0 O F 1:, A P! A I' D BROAD I N C . DLTACH STATE1.aENT BEFORE DE:OSIT;NG DO NOT CHANGE OR ALTER A C C C ;t t —,H''ABOVE CHECK IS IN FL.LL.FAYMENT :40 OTHER RECEIPT NECESSARY •.•�C•�: .! _ ^'�1:_ ,.'iL]LEVARD OF THC FGLLOVVING __ rr,S - WORN IA J 0024' - - Dacour„�a ------ � .,,..._ ------ - �rOrAL FOR :.�.E ACCOUNT OF: d[.`- x _I .d�is,a:-^ its .,- .'d o ..-....w, v:- .. �S�•'•r _�."..r�0 4�r. --;.) � C,xa� �I,�. .*�,y 8k�i t J l tw�.`�a-e..�.�_;$ 2.sgS g a:,s e'd li �p Y.:_:•4r'' o'J I 11. 'n �+.:J;;r i �%Si».t°=.".:ea:.1.i, - I `� c• I., .,• ,., �g"— s.,'s etiT aJ I 4 r_�1F50 2 0;631oe5 � : I DIMLY 1 ate C{tT-1TAITY 351 VENDOR FILE `r?= ABED BY DATE •LT 4' - REVIEWED BY PUNCHED BY I.D.NO. c!:I.Li -- ,-CCOUNT N ABER i A M O U N T jl ACCOUNT NUMBER --------A M O U N T ---------- — —_---- 5::9 I LOT;=' _--- DEBIT —I _ C:iEDIT CONrP.OL —SUO LO - ---- DEBIT CZECIT_i -� — ----i---28.647.25 —)----)y �gK _,!�` - -.iliJ j� i 6 ��"r •di.7 I 280 j 1 00J' I I y,l3 w�..•�`^7.25 I yy62 11640 I j spp /�/ j j: e I N2 6771 :^-PMOVED BY: Purchasing �. FOR PAYMENT Production Mgr. _ — F•.n ount Approved Sales Mgr. Division Mgr.— Engineering ACCOUNTING COPY i.TDIS•Ol�l� TRENCHINGNG C® ' �� 21811i-z VALLEY VIEW - Wfirl-'ILR, CALIF. vOd04 p`J r/ •_1. (213) 944-7989 N2 - 1121 SOLD TO: !' r � DATE: //6 G DERBY LAND CO. July 2q, 1969 10889 Wilshire Blvd. Los Angeles, California 90024 JOB: P.O.NO: DESCRIPTION AMOUNT S-34 Tract 6730 Huntington Beach 11 1�� 6� L 1. 1. 8 18" 18 . 00 4- ?�-,�364 TO C73O- c� :��_. M.H. 385 .001+ 1,155 .00 1, ( ------------------ FXAS �. .._...... (�y�-.. ...... Less 15% Retention .3-�-2(�-'85 .-.�� _- -c 15 Cu:(•,;,�t'.C. chit �/,2 � '" •12 (" '� /' j'pp, for paym't ANP• for Pc`ir•'t `�— APPF, APPROVED FOR QUANTITY NLY � ATE..�/ .�� �i PH HALL ellzy job TOTAL AMOUNT DUE FOLD HERE An estimate of the total price of the labor, services, equip- ment or materials furnished or to be furnished is: $-2,500.00 (Dollar amount must be furnished to construction lender - optional as to owner or contractor) If bills are not paid in full for labor, services, equipment or materials furnished or to be furnished, the improved ORIGINAL CONTRACTOR or property may be subject to mechanic's liens. Reputed Contractor, if any Dated:_ 7'1-5--,b9 pasane as lender T• :R.'1 €rcome., Credit Managot-) Telephone Number( 714 ) 545-71.1.7 L This form ( No. 594) distributed through BUILDING MATERIAL DEALERS CREDIT ASSOCIATION - (213) 382-7151 I i > f, ,-DISON TRENC11ING CO. 11811% VALLEY VIE - 1VIII.-YIER, CALIF. 906o•1 (213) 944-7969 - SOLD TO: DATE` September 3 , 1969 Derby Land Co. 10889 Wilshire Blvd. Los Angeles , Calif. 90024 #2911 JOB: Veddor P.O.NO: S-34 Trac u DESCRIPTION AMOUNT Sewer System Tract #6730 - On Tract 7001 811. V.C .P. @ 3 . 85 1/f $2 ,695 .00 `- 62' 41" V.C.P. @ 2 . 40"-1/f 148 . 80 A- TOTAL THIS INVOICE $2 , 843 . 80 '1- PROJECT %'.�.........`.?J/ -1J0 yc2(cc.S� O, c PHASE {lamo -- Gate 16Y Ex. Gh'4 I �l Gaa_ i�"a./ C4 k kArp,P-.-—fo-r-p--a.--,"-tn't i I APPROVED FOR QUANTITY NLY/ / 'LI TOTAL AMOUNT DUE 8. For t e purpose of obtaining pa}'ments for the above items, the undersigned contractor hereby certifies and war- rants that the above names of laborers and mechimics have actnalk. 1)erfornled work ruid labor Upon the job herein before set forth and have actually been paid in full to date. The undersigned further certifies and warrants that the above is it full and complete list of all laborers and mechanics who have performed for him on this job. Edward E. Kyn0 r.4 Sec.—Treas/ CONTRACTOR RACTOR EDISON TRENCHING COMPANY, INC. JOB. NO. �� s�1�®��- �����T�-y����T�� � ��e ll�sll?4z 1'1LLI;Y �'IE1V - tiViIII'CII:R, CALIF. flUttu-4 �I (213) 944.79B9 �,U �(01 lit° 1162 ' SOLD TO: Derby Land Co. DATE: August 29 , 1969 10889 Wilshire Blvd. Los Angeles, California 90024 # 2911 JOB' 04-34 , Tract �i6730 Huntin - DESCRIPTION AMOUNT Sewer System Tract #6730 - Off Tract 13881 181, V.C.P. @ 18 .00 1/f $24 ,984 .OG 1851 15" V.C .P. @ 14 . 50' 1/f i�S ° 2 ,682 .50 6 Each Manholes @385 . 00 Ea. 2 , 310 .00 r: TOTAL CONTRACT $29 ,976 .50 PROJECT 9I; Less Invoice#t:12)• 18,255 .00 #1166 TOTAL THIS INVOICE $11,72.1.50 �- - z J 3 pp. for paym't I --I / c o20�_. c�-CI1� - i 7 0• �.. Aga. far Pcrg . 1-0!1 UWTITY NL / ,.' 9, Gy TOTAL AMOUNT DUE r / For the purpose of obtaining pa'vn)ents fur the above items. the undersipied contractor hereby certifies and war- rant-S that the above names of laborers and mechanics have actually performed work and labor upon the job herein before set forth and have actuall'\- been paid in full to date. The undersigned further certifies and warrants that the above is a full and complete list of all laborers and mechanics who have performed for him on this job. Edward E. KynoA c.—Treas/ CONTRACTOR EDISON TRENCHING COMPANY, INC. i JOB. NO. <� DISON TRENCHING CO. I11411�22 VAI. XY TIFIV - WIfZITILIt, CALIF. 90130-I (213) 944-7989 RECEIV � N0 1152 AUL 2 91559 August SOLD TO: Kaufman and Broad, Inc. DATE: g t 26 , 1969 10889 Wilshire Blvd. Los Angeles, Calif. 90024 JOB S-34 Seawird, Tract #6730 Huntington Beach P•O�NO: 10485 DESCRIPTION AMOUNT Additional costs due to Operating Engineers Strike, per attached copy P.O. 10485 $ 750 .00 Pft6J5C9 .............. C�//0 PHASE .A---07.�% �Anp• for pay..,, i TOTAL AMOUNT-DUE Not to Exceed Price Or Number of Man Hours. III. Reason for Purchase in Detail: LJ CONDITIONS AND INSTRUCTIONS 1. The above price includes all labor, material, permits, taxes, etc. 2. All invoices and statements must be billed as instructed above. P.O. No. must appear on delivery tickets, invoices, and correspondence. Labor and material releases must accompany billing. 3. This purchase order subject to cancellation if quality and delivery are not satisfactory to purchaser. 4. Receiving slips must be signed by our field or authorized representative. 5. In the event there is a subcontract between the parties hereto, all the terms and conditions are made a part hereof and incorporated herein by reference. ADDITION TO CONTRACT YES / NO BACK CH".RGE YES NO___ TO WHOM REMARKS ACCEPTED f 'UR' CHASER � -j BY. __ APPROVED BY: Purchasing_ FOR PAYMENT Production Mgr. Amount Approved Sales Mgr.— Division Mgr. Engineering ACCOUNTING COPY L. PURCHASE ORDER KAUFMAN AND BROAD, INC. +y 10839 WILSHIRE BLVD. LOS ANGELES, CALIFORNIA N 2 10485 90024 213 478 2021 C`_d�!.�..� e (�� DATE `/;'`t2 DATE RE 'D_> CL�2f Cart Q Bill to: 1. Off site const. [ � 2. On-site const. ❑ 3. Sales & Marketing ❑ ` 4. Buyer's Changes ElPHONE El---`� 5. Customer Service — ❑ SHIP TO 6. Other. ��-'.''_. 4 ` .`_ ,' - PROJ EC - SHIP VIA t,r�.;_. , ( .(_ -.;� /, TRACT l' '� LOT t'"-W: 7(J <<iZ.,S+! L ` 0 a II. Unit Price Total Price Not to Exceed Price Or Number of Man Hours ill. Reason for Purchase in Detail; 1 1' t` ._r 2 sL� �,.• o �,f LGi' I .,_e.: _.:-/ if n C,,L.C._c.,:,J CONDITIONS AND INSTRUCTIONS 1. The above price includes all labor, material, permits, taxes, etc. 2. A'I invoices and statements must be billed as instructed above. P.O. No. must appear on delivery tickets, invoices, and correspondence. Labor a material releases must accompany billing. 3. T:is purchase order subject to cancellation if quality and delivery are not satisfactory to purchaser. 4. Receiving slips must be si_-ned by our fie'd or authorized representative. 5. In the event there is a subcontract between the parties hereto, ail the terms and conditions are rnade a part hereof and incorporated herein by reference. ADDITION TO CONTRACT YES_ t _._ NO _ BACK CHARGE YES NO_ TO WHOM.— RE.,1A.RKS ACCEPTED ` PURCHASER!�``"" BY i APr''-RR V E D BY: Purchasing — l , p v FOR PAYMENT Production Mgr. ---- -- — Amount Approved- Sales Division Mgr. _ _ Engincoring ACCOUNTING COPY PURCHASE ORMI?'T . t KAUFMAN AND BROAD, INC: - 10839 WILSHIRE BLVD. LOS ANGELES, CALIFORNIA N° 9543 90024 213-478-2021 70-------_-_= 1SCt� T.; cs; ><1: C. DATE v—`n 7-69 BATE REQ'D- ---- `a';.e. Bill to: 1. Off site const. Ji 2. On-site const. ❑ .,,�. 3. Sales & Marketing ❑ 4. Buyer's Changes ❑ 5. Customer Service ❑ SHIP 6. Other ❑ --- - _- .f,•f, ,4.1 '. ,.C.i�` -- t- '"j _ Aw, 4' . * — _�.v.♦ TS-r �— — ' ---- -t----' 'C—r-- PROJECT � - - SHIP VIA i—_— TRACT—LOT- 1. Item purchased`_�.!r _��v Y_ ',v:'e r.,, t; r� _�$ ma's ^sue_ (f•;sue'_i—�_ —a a ji 7- -4^ II. Unit Price Total Price — — Not to Exceed Price Or Number of Man Hours t12 7.00 III. Reason for Purchase in Detail: Pipe hlad tc; be r�_^.:vc�, f on, ,; a:: x�:�b Citls 0:" 1ii-r din^z.un uc. e CONDITIONS AND INSTRUCTIONS 1. The above price includes all labor, material, permits, taxes, etc. 2. All invoices and statements must be billed as instructed above. P.O. No. must appear on delivery tickets, invoices, and correspondence. Labor and material releases must accompany billing. 3. This purchase order subject to cancellation if quality and delivery are not satisfactory to purchaser. 4. Receiving slips must be signed by our field or authorized representative. 5. In the event there is a subcontract between the parties hereto, a!I the tarms and conditions are made a part hereof and incorporated herein b% reference. ADDITION TO CONTRACT- YES_--- NO— BACK CHARGE YES____ NO__ TO WHOM - R E M AR KS _ _ ---- —�_-- _-- _ ACCEPTED—_-- _ PURCHASER J �Y BY BY APPROVED BY: Purchasing FOR PAYMENT Production %1gr. Amount Approved---- Sales Mgr. Division Mgr. _ _�--- Engineering ACCOUNTING COPY ;1 ,,// ,,.((.,.�..,��e��.o.®.,..�e.a.e�.�.o.®.,��o_..o®.�.,.,,,,,_ ! -- •✓�aVii• milli and /qr a !letter -America N2, ?. 2q rAUFi1l�„`: �, ` B BROAD , INC . pp ? AGENCY ACCOUNT i J s '.:.,;: �t?? � 1C23^ 1'!!-S;'IRF BOULEVARD LOS AN: LLS, CALIFORNIA 90024 22_ 69 ... . P19-- 90-2110 gg 1222 '-E DOLLARS $ 7 r J c- i l� =? PAY g .L 1y.. ' ,'.."_,•J. -t kp.1 u 4' TO _ KAUFMAN AND BROAD INC p� THE # .. az.' ,_,i; .x.'„ "�°s�� �tiu-u:J; AGENCY ACCOUNT � ORDER OF �i,1 r p� a }� q El �1`\ 13 i1�Y> NOT I!� '�.F'.�.,,�OTA�'"a _ LLE .- r MAIN S-i.atLAVETAAVE. 4 ..•:,� f '�f { _3 e ORANGE,CALIFORNIA k-_'.�:' _.�- i K A LI AN D BROAD I N C . DETACH STATEMENT BEFORE DEPOSITING DO NOT CHANGE OR ALTER C n c c C C U:I: THE ABOVE CHECK IS IN FULL PAYMENT NO OTHER RECEIPT NECESSARY iC'S9 `'\'lLc 11.tE E OUI_EVARD Or THE FOLLO'Ni[1G DISCOUNTS B - _OS Arita ES, C;;[_IFORrdiA 90024 TOTAL _ NET I FOR T TO THE ACCOUNT OF. - •., x f-? - ! M r 2 C '7 3 rI7 Ii I 1 —1 �i VENDOR FILE PREPARED 3Y~ "y OATF_ L REViEV�![D 9Y PUNCHED BY I.D-NO. ACC0U NT NUMBER i AMOUNT i! ACCOUNT NU.ABER I— A T i O U N T _^ i LOT DEBIT co^THeLI s CREDIT:; 101 ; M10 280 i ����f � 8 ,753e87 280 1�,+3 I 8,753.87 Imo'=3 12 � <,,733.87 I I I I I I I i N2 7290 i ! ��VlIiG kh tf.A alld `or a ri er _A:terira fV° 70 19 3 KAUFMAN AND BROAD , INC . � i AGENCY ACCOUNT � 10839 WILSHIRE BOULEVARD I LOS ANIGELES, CALIFORNIA 90024 0C'LC-lye's 2_y 19f- — 90.21 1O p — .. .. .. . . ... . . .. .: DOLLARS PAY TO :Y t. � 1 ?' 7 y` _ r KAUA•1.FAN AND BROAD INC . a THE s`. _; ... .t _ g fie..; .�tY._c.... a ,1._reY AGENCY ACCOUNT o s ORDER OF UNION BANK MAIN ST.at LA V'ETA AVE. ORANGE,CALIFORNIA g� tl li F,',^, A ::^! AND 1: R O A D I N C . CETAC:1 STATE.Y. 1:T HEi OHE DiPOS:TI::G DO NOT CHANGE OR ALTER A g is rl C y Account - THE ABOVE CHECK IS IN FULL PAYMENT .10 OT14ER RECEIPT NECESSARY 108S-9 i'! ,11l EOUL.EVA^D OF T14E FOLLO`..ING L CIS/c!iC.� L CAL�FORiviA C`Q0= .. -JUNTs 8 - TOT'L :;_c-:O_ra NET FOR TO THE ACCOUNT OF: v# .:.% �'.-•�"�- -�• - , i I t I I I . Derby L-a,% i Company 351 VENDOR FILE PREPARED BY /_ DATE s'.i"-3 -"f.: RF_l'I cVvFD 31' PU:iCH ED BY _----- I--p,NO. --- ACCOUi,il'N!!t•iBER A M O U N T I! ACCOUNT NW-IBER AMOUNT SUB LOT r - DEBIT-------_— (C�RcCIT II CO NpT3Cl SSU/B� I LOT; DEBIT--- 99//--Ci2EC�]1T (`�n 1�n4 .S•CIO i Z80 I L3J I 1.iJpt 5J. J` 7 � I . 2ao 11511)3 I 10,353.99 i 202 29111 10,853.99 I i I I I jl I �I f,° 7019 I 1 I | ' ' ` ' - ^�--���---- '--��'�—����------�—T�—� 7 -------�r----�—`— ^ ` ' l / IRcifer _/4m AGENCY ACCOUN7 IM 9 WILSHIRE BOULEVARD DOLLARS $ PAY THE: AGENCY riccourqT RDER OF �� u �mxmAND BROAD | No � "`=="",^,==,"",°""=~"".,=" "0 NOT CHANGE"nALTER ^^°n�, A c c°""t ,"�ABOVE="","."."FULL PAYMENT =OTHER""Z".,rNECESSARY wiusH|RE8OULsvARu ur THE,O�`"=Ns ".""",,,," oax TOTAL N ET OR CPED'T THE ACCOU."IT OF: � I)orby Lcamd Co" 351 VENDO.FF, FILE ,Y. .[�Q IA�T �pl. ;A� ttgl 'pp-�� ��-�. Ems( FA.��'!�-SO rJ IZE-i`� CHING CO. +_.-- (213) 944.7989 N2 - 1209 SOLD TO: DATE: October 23 , 1969 Derby Land Company 10889 Wilshire Boulevard Los Angeles , California JOB: P.O.NO: DESCRIPTION AMOUNT _ Item 1, and -2 as listed on Z No. 1167 . Time and material delivery time, 1 hour each case backhoe - operated 24 hours @ $17 . 50 per hour $ 420 .00 John Deere dozer r10/10 oper. 12 hours @. $15 .00 per hour 180 .00 1 laborer, 2 days 16 hours each @ $9 . 00 per nt -Y ' 144 .00 total overtime 8 hours @ $12 . 50 P c�rc7 -� ... ` /"~ 100 . 00 1 Ton stake truck 8 hours @3 . 50 P: � Z 28 .00 Supervision and coordination 14 hours @ $12 . 00- 168 .00 Material: Rock Dust $232 . 49 t '- - 1 Concrete 88 . 62 "" s'► F--' 'e I 321. 11 Add 20% 64 . 22 i . /i� 385 . 33 As per signed Z No. 1167 TOTAL �I $ 1, 425 .33 ., TOTAL AMOUNT DUE $ 1, 425 . 33 , x x - CUSTOMERS AUTHORIZATION TO PROCEED WITH WORK CUSTOMERS ACKNOWLEDGEMENT OF COMPLETION vi[wti aTOrva F., . ...iiTiEw o. .-• APPROVED BY: Purchasing-J �l ( FOR PAYMENT Production Mgr._._ Amount Approved_ Sales Mgr. — r.-..) Division Mg-.-- Engineering ACCOUNTING COPY .PlIPCHASE ORDER KAUFMAN AND BROAD, INC. • � 10889 WILSHIRE BLVD. � LOS ANGELES, CALIFORNIA 1096 8 90024 213-478-2021 DATE + .DATE RE 'D_ ----ff f �'i� -J Bill to: 1. Off-site const. 7 , 'f 2. On-site const. ❑ --- _ , — 3. Sales & Marketing ❑ 4. Buyer's Changes ❑ ----------- ------------ ----PHONE'--ii Jam_,j' s 5. Customer Service ❑ SHIP 6. Other ❑ PROJECT SHIP VIA__ _:-�f '% �� - TRACT_ ,J�Q LOT �'"- -�-- 1. Item purchased. -f` f Gam:✓ ":t_--"_.> C.ids z�4 -J II. Unit Price-_ "' 1` Totai Price Not to Exceed Price7__ �} ' Or Number of Man Hours --- III. Reason for Purchase in Detail: CONDITIONS AND INSTRUCTIONS 1. The above price includes all labor, material, permits, taxes, etc. 2. All invoices and statements must be billed as instructed above. P.O. No. must appear on delivery tickets, invoices, and correspondence. Labor and material releases must accompany billing. 3. This purchase order subject to cancellation if quality and delivery are not satisfactory to purchaser. 4. Receiving slips must be signed by our field or authorized representative. 5. In the event there is a subcontract between the parties hereto, all the terms and conditions are made a pa,t hereof and incorporated herein by reference. ADDITION TO CONTRACT YES—,/-- NO _ BACK CHARGE YES NO TO WHOP/1— -_ REMARKS-- ACCEPTED _—._ PURCHASER- BY APPROVED BY: Purchasing' FOR PAYMENT Production Mgr.J Amount Approved—_____ Sales Mgr. _ Division Mgr..__ flri Engineering ACCOUNTING COPY .,.....�_,....,,..._..L-.o.�...m.m.,._.......��e..�...00�m...a.e..�.•e,.e..m.,�...o..�..��..•a.....o��.._.�...m.��..�.�.�....4�...�..�.�..®..__...:.�o<.�..•. 1�(ti( k1.� tuiflt and lrr a l! c�f�r Ancrica N2 6 971 � KAUFMAN AND BROAD , INC . � AGENCY ACCOUNT ` 10S89 WILSHIRE BOULEVARD 4 -a =;, z h LOSANGELES, CALIFORNIA90024 0 ��ye A '�% , CIO gp-2110--- 19— ' 6 —;222 —i DOLLARS $ oIn .Li G c-'S.p CtJ". ltiioiy � d g KAUFMAN AND BROAD INC. g r+il`A `.3 4 ✓: % <G:.'.SSt+a. �ii3L� AGENCY ACCOUNT S UNION BANK MOT NEGOTIAFLE I.1AcN ST.aT L A\'ETA AVE. E� ORANGE,CALIFORNIA o� 1 4 m. ...,�>,.�.....• o... �a,®om.�....mo .,. — —..n..`o.<... —--- U MI A N' A I`I D BROAD INC . DETACH STATEMENT BEFORE DEPOS:TI::G DO NOT CHANGE OR ALTER A_c O U n* THE ABOVE CHECK IS IN FULL PAYMENT NO OTHER RECEIPT NECESSARY _- ;ILSHfRL EOULEVARD Or THE FOLLOWING _ DISCOUNTS a 90024 - "^'---=• '-`"_ r TO. L D'=Dc cT:c Ns NET F0= CREDIT TO THE ACCOUNT OF: y er'by Sd.i3sci- criirc+`�:"=e;.u.y i-.1,s -4 a Less -.nr. on 25Xv�•80I J /* 1 i I i 351 Derby Land Co. VENDOR FILE --F^c?:\�;. 5Y —� D:'17E �fa 1 J1»Vf REVIEWED BY PUNCHED BY I.D.NO. ACCC_ t,I-:TNU _R AMOUNT ACCOUNTNUI.A.BER I A M O U N T — CCNTR:";LI SUB ! LOTx DEBIT CREDIT I! CONTROI-I SUB LOT# DEBIT _ CREDIT 1,91 3 in,IQ i— — I IQ 8500.99 ! 280 In,C-)3 ( 10,;'S3. 99 280 ."' 11-)3 I 10 9� I II�v2 !�^�� I g�5053.99 I I I! f I +I � 1 05 N2 6 97 1 6. i A �i�����1�T TRENCHING CO. ]l�flll/z �-)LEFT VIEW - N1']II'I'I'ILI2, ('ALIT'. fl0(i0�1 - Jl� (21 3) 944-7989 w N2 - - 1174 15 SOLD TO: Derby Land Co. DATE: Sept. , 1969 10889 Wilshire Blvd. Los Angeles, Calif. 90024 'OE': S-34 Tract 46730 Huntincrton Beach Vendor #2911 P.O.NO: DESCRIPTION AMOUNT Sewer System Tract #6730 — On Tract 4 , 276 ' 8" V.C.P. @ 3 . 85 1/f -f 16 ,462 . 60 2, 870 ' 4" V.C.P . @ 2 . 40 1/f it i 6 ,888 . 00 17 Ea. 48" :1 .d. Manholes @ 253 .00 ea.N / 4 , 386 .00 1, 600 ' Rock Bedding for 8" V.C .P. @ . 36 1/fy 576 . 00 f 1 Ea. Clean out @ 70 . 00 ea. y 70 . 00 Total This Invoice $ 28 , 382 .60 Less Invoice #1168C� 2, 843. 80 Total This Billing $ 25 . 538 . 80 ! APPRO,'EO FO.. jig, � )ard'i ITY ONLY — —-- - � PR©J_OTLI �/ �./A. GAL.(,. \V �APHASE Y� C.hIk Apo, for TOTAL-Ah'tt]U T DUE —km-far pay;'t --i-- TV- TV. IT known) _-Wd13TiL1PY'� C811T0=JA FOLD HERE An estimate of the total price of the labor, services, equip- ment or materials furnished or to be furnished is: (Dollar amcunt must be furnished to construction lender - optional as to owner or contractor) If bills Fe not paid in full for labor. services, equipment or materials furnished or to be furnished, the improved property may be subject to mechanic's liens. ORIGINAL CONTRACTOR or Reputed Contractor, if any Dated:. Selfer:ter 22, loors FS ti AS GN" t . �, /�',� -- Owner (sicna!ure) (title) Telephone Number L This form ( No. 594) distributed through BUILDING MATERIAL uFht._,=„0 --"T ASSOCIATION - (213) 382-7151 r Vendor -S!A49 C 0 M 7 R A'-(-,.7 G9 This Agreement reside and ent d in o ti..is __ dray L. C4:r n :.rdll:cd -- i,.._-,.=lute cal:c t'-c Sub:cuar 1 '_ v:hasc busi -s: :a a. rut; is_. _ - .-- -._.1 F c THE CONTItr+CTCR HAS F NTi.`ED 1?�"M A CO°:•l*1RAC ---- - -- .Ai_1, fig.ANIS, C0%1_'NANTS AND CONSTRUCTION CO ;ACT f -TWEIN THE Oi'.NER Intl) T1i CO `I',_ACT0JA. (ofnoletc plans, a s h, . .._.. . .. d Ow arJwvct for the Cuntr:u .. .,rid WHEREAS said plims, spec.. .`..o ns. rnd t,., . l; ^r in,l 1'.'1iFi1FAS the contract documents harp _ (. WHIL:Rr:AS, ti,e Subcontractor has sl�.a. �'e r rr t 1'i•.. ,rn _, and supplies for a complete job of — --_---------_--.___-- _------_-_--_—. _---_ _ ---- -. TOGETHER WITH ALL INCIDFNTAL W011K THE"ETO. NOV.', THEREFORE, IT IS AGREED, between the parties in consideration of the mutual agi-cernents herein as follows. 1. The Subcontractor, to the entire satisfaction and approval of the 3e. In the event that the Subcontractor fails to pay and discharge Contractor and Owner or their authorized representatives andior assigns, wren due any hills of any kind or nature incurred by the �,uhcontractor agrees to furnish all labor, materials, tools, necessary equipment and in- fuifiijment of this Contract, ,or if at any time then. .hall'be any temporar7 protection, and to perform all work or services described in cvidece of am• lien-or any claim against the Contra(for .i, a result of Paragraph 2 hereof, in strict accordance with the Construction Contract the Ssbcontractor's operations, the Contractor shall has•:" ti,e right to and its general provisions, this contract and its general provisions and retain out of any payment herein due or any payment to hecome due with the Contract plans, drawings, specifications and addenda thereto. an amount sufficient for the Contractor .to completely inderrinlfy the 2. The Contractor and the Subcontractor agree that the work to be Contractor against any such lien or claim including attomey•s fees rfornled by the Subcontractor is as follows: incurred by reason thereof. " 3f. fro pa ay-1 made under this Contract shall he (uric lorry( evi- d .JL r L:=1.j : .�•v s C31. c1 F Oi��'�.Sc={:� u L0 h > der: e of t e performance of this Contract, either wholly or in part, :;, ,wl,"1 `°Or ?':::•'� t�'.i,� ?�F�`+ :iand no payment including final payment shall be construed to be an -� a-s :s. tf �.-,rt••s• ,••,�-r'r•q rT (- r� "�-�.•<•.:c• acceptance of detective or ur:satistactoryworkmanship and/or mairrial.. s.is+.ii>.. .t c., a�.;. . « __it S z.-=ab7_a 1 •_ i_.:: �. ,. ^rst9 � ,- R -: 3F. The Subcontractor agrees that monies received for file perform-- z'- _ - ? 1-t sh i--:J.1 'u e° .',.aL 0� '1� Ace of this Contract snail be used primarily for labor tore materials z.1.r`�t b-n ^^`g�Y `,5,,yN_i4 _ feting Into this work and said monies shall not be disc:fed to satisfy r'` " ions of the Subcontractor or. other contracts. ,�� i G?Gi:a t:i3 :l ..J C?: i�'A - .Jii the event that any provision thereunder shall be held invalid isR` 7� -�.=e i I a n— }•• raf s ;by any, court of competent jurisdiction, the remainder of this agreement ij„' ��,.a� ..... •..r._•.. �._.. Oi:•i1L1" ,.-'�ylc...li:.;. 2 �..I. t hall not be affected thereby. �. lit > C �1.Ee (i y 5. For convenience to Subcontractor referred to herein as an indi- ' ' t vidual, the word "he" shall, as the sense may require, be cnnstr: d to 'i,•bil not _��.t✓_t'3;.,:.1'.`s.'�1' .�, .4i..Zted 1:.'J L:u.l�r�:.t��.tr is L'�a mean "she," "it" and "them" and the word "his" shall he construed to and B a1'':t-acIiad mean "hers... ..its" and "theirs." S. The signature of any person to this agreement shall he deemed a personal warranty by that person that he has the power and the authority to bind any corporation, co-partnership or any other business entity for whom he purports to act. 3a. In consideration whereof and for the full and faithful perform- 7. The Subcontractor agrees that he personally Ruaraw,es the anee of his work, the Contractor agrees to pay the Subcontractor in faithful and complete performance of all the terms and .c:r.di!ion of accordance with the attached Schedule of Buildings attached hereto this Coniract and the general provisions hereto attached. and made a part hereof, subiect to additions and deductions for b. The parties agree that all of the provisions of the Contract• the changes as may be agreed upon in writing, signed by both parties, pro- Additional Provisions and the General Provisions are conditions of the 11 that rho payments are to be made unless the Subcontractor's rate Contract, and that breach of any of these provisions by the Subcon- of progress, work done and rnateriais furnished are satisfactory to the tra=tor sliall create the right in the Contractor to terminate the Contract. Co^_* cWr as herein a,�,aed upon. Payments are to•be made as follows: without ir:curring any� liability except for"the value of the work per. A, . * r• t)_,nr.-,.•t,,,Y ,, `.Ti.L`.f3 :sC; ;.C:)i'_�> and materials furnish J.t_t1�y T3Y3 delivery to the Subcontractor of written notice of the termination.ed on the site by the Subcontractor prior wtlr] 1?"-Z-provt:d i,'"yT hot?iing herein shall be construed as in any manner restricting or t^Yrr=r• I. �1Lmiting any rights and remedies of any party on breach of this Agree- submit irnr sce +D::"?, tI.t , ant b; the other, and fire r^medy provided in this clause shall be in 2 r ' of: e -z.n nn th lto to all others provided by this Agreement or by law. a T> ��. T9m.` Iy Tom. " a ;� a No oral statement of any person whornsocver shall in-any manner for ?s_rC)V` y _. .� T` %_-. _iC C l __ . or degree modify or othenvtse affect the terms of this Contract. It is 1.5 w%?y:i a I r �?_=�''teT�i: "t.L C3:ti iz.1—a-reed that nothing done by the Contractor in the performance of its and `'�?ii i'l=cYc aS;illations hereunder or In directing performance by the Subcontractor 'dCliGs:: 7.i3 r3va•{li�:"1" O �" iSITi"s."+.l�fit?� bV i_l r_ o y �'r-' aC:C- I r.�{] be construed in any manner.or to any extent whatever as a waiver •?11+ I1=a*vI" 1i: i; E3c3 a='s :'•1.1 by the Contractor of any default in a failure of performance of the terns t._ Yy t-a, •,V ] ^,�- ,•r, ' ,ti,,r ,,,.`;� �„ kip _.-r and conditions of this Agr�ement by the Contract. It is agreed that no Id' <_:,om eaczl ,_ _- _r1L on __.�z, has or shall hereinafter have any power or authority to waive, f:1Ihar^y:s i>a i.ia. iiL' :t l"i'�_�aG zG'i3 of 'Sh?i fi ,fig te_nmo fY, alter or rescind any provision of this Agreement for the Con- ,ti Con- tactor except the person or persons whose names are affixed to this ion shall c? -dug � aj r-a Tn.bla�.'_ ice'on :':.1ll r � .. :oatract as contracting representatives of the Contractor and except dt;{+t3-i � r+r'r 9 r� `-�•� - ^ri.-ra c��+v1 further, such persons as are authorized by the President or Secretary Lie r,1ti`t` "j t'� o such waiver, modification, Aterationsroraressciss on and n toctor,.in writing, agree tof these latter persons, their 3,. I"re Suhcon{rnetor s'.Ull -re:sae tla C6naactcr vaih dssumnce'" gut}pricy shall be strictly limited to the terms of the wring. thet lie will provide service during the extent of die warranty. This t th It is hereby ex,tly li understood and agreed between the p :tics con be in the form of a cash retenBoa or a bond in an amount agreed urn byy both parties. } tha< in the event a ispute should arise as to thr performance of the 3c. Regardless of the terms of payment provided for herein the ocirgations of the parties pursuant to this Agreement, that the parties C tea_ or shall not be required to sake any payments to the Sub- will adjudicate any such dispute in the Courts of the State of c=tractor that would I.�Ive a bc•lance dim Subcontractor isuuft:cient to cover the retained percentage plus an amount suiacient to satisfy all Ca 1 if pod the parties agree that each will accept service of process obligations of the Subcontractor for mbar, materials, equipment, serv- j iws, etc., funniahed or to be furtvs ed by the SubcoantrarKor hereunder. 1 outside of the State of Ca 1 if orn is with the same force and Payment for an work not covered this Caat-act will, not be made a y y t er , ss if such process had been served within the State of tan covered by an order signed by trio Contractor's 1'mject Manager esed any such order must be obtained prior to the start cf such work Calif. and each of the parties agree that the Courts of the not covered by.this Conimco. If an onder is not so obtmined, no pay- u=ts will be made for any work not covered.by this Contract. State of CaIifornia shall have in personam jurisdiction over 33. 71W Subcontractor egrvn, cs a emditiou preee:.dent to receiving the parties in connection with this Agreement of any liugatlon which my payments, that he will iumiih the Ccritrector satisfactory releases i may arise as a result hereof. er>v4vY.,a2 of lien,affidavits,and such further eviJenee as may be require1 11. a HE PROVISION'S SET FORTH ON THF. REVS.?:SE SIDE by ene Contractorecon with or incorpoteti ter aal equipment, ry or'Ahavcbaea pafc� 'tices etc ITTrO.� GENERAL AND SPFCLkL PF,,.:vlSi0NS rstFd in connection _L` If1"",AND INI'11-0 �it Hk PF3Y IINC0J ?0RAT :.0 INTO for in fuu. A`-'D . 'tz3 : A k.i,i-T 0' THIS SL' :CONTRACT. IN WITNESS WHEREOF the partiw 6--mto hnve executed thin Acreecr,: t`fr-r .hero„-lv�rs, r'c:r heirs, executors, successors, ad:ranistra- wM and assigam on the day and ymy ArA above. writiam. WTf'IdESSED BY: Mi o-r.•a.7 .. v - B Date mcies, Fbr retention see Exhibit : ►tt clad. Page ii of 6 �� Tract6730 GENUAL PROVIVONS TO THE SUBCONTRACT FOR CO. • 17hittier, Ca i �'IzT r cl:1. c"'CA "IV91-4-7980 1. Contract Documents subcontract are to he new and of the rnoit suitable grade of ili,-ir re-) The contract documents referred to in Sectinn I of the Additional tive kinds for the purpose, and all workmanship shall he first class. Provisions tit Subcontract shall also include the Construction Contract Where equipment, materials or alticles are referred to in sp((if 1 aliens as and the General Provisions attached thereto. The subcontract docu- "equal to" any particular standard, the Owner anti inr the .1-11trartor meats are complementary and what is called for h.% one shall be cleerrwd shall decide the questions of equality. The Subcontractor shall furnish to in he called 1,,r h.% all, except in case of conflict between the Additional the Contractor, for approval, full inf,,rmarion concerning the nrl;iieria)s ,r Pros i,i-m, ,( the Subcontract and the Central Provisions to the Sub- articles which he contemplates incorporating in the %­rk ti:irtiplrs ,If contract, the Additional Provisions of the Subcontract shall govern, materials shall he submitted for approval when s,, directed, and materials 2. Contract Drawings used shall conform to approved samples. !Machinery, equipment, mare- The contract drawings are, in part, diagrammatic and show the trials and articles installed or used without such approval, shall h, at grnt-r.il irranizeinents of ducts, piping and %%urk of other mechanical the risk of subsequent rejection. The Contractor rnav, in writing, require trades. The Subcontractor shall have a competent superintendent on the Subcontractor to remove from the work such ernplo%rt, as the the '.,b itr to coordinate all field work prior to installation and/or Contractor deems incompetent, careless, insubordinate or otherwise ob- suhrr:i—ion of field or shop drawings for apprnval. jection3hie. or .%h,.)se continued employment yment on ibe ­nrk is deemed by -w 3. Verification of Measurententa, Draingm, end Specifications the Contractor to be contrary to his or the public interest. 12. Warranties lnt,Irynan. -i regard"n.ir,, site of t'!f' work 7,!"en in orav,:!-.F and he ntractnr shall at the request of, and in a manner accept- socci6c.16"n, brht,.� cci he rt.lion—dV b-11 Ole ahic to the correct any defects in workmanship or materials does not rant either the camplercntss or acrL:i:;^v o: nict-, jwc,rr­,.a- %%'_116; appear a period of oric (11) pear from the date of final lion, and it i the t e9ponsibilitv of the Subcontractor in verify all such information, independently, and to make such other examination of acceptance i,y the Ownt-. the site as shall reasonably be necrinaiv to -.atisf%- himself of the condi- b. Except ns otherwise expressly provided in this c,,ntract thr Sid,cm;. tions to he encountered during construction. in any case or discrepancy, tractor warrayits all mechanical and electrical Equipment t,, be f­ from either in the figures, in the drawings, or in the sneciiica-i,ns, the matter defects of design, materiel and wnrLmanshir) for i period of .rlir shall he promptly submitted to the Contractor, w'rio snail prc;nipti% make from date of acccprinc.� thereof; and the Suircni-ityactor, prornptiv after a determination in writing. Anv adjustment by the Si:bcor,..1-rRc-1-.r with- receipt of rni;^c, Fl:atl make good at his expense, all defects developing out such dererminat;on, shall be a, bl's own rick ard durl".k.- Such 1-:.i0d. from the drawings or -,I-ccificationi or a ;-11i'lo'C1.11-1 or of c. The provided for in this claus!! 01-11 net be restrictive but to carry cIur tht, of the sb he and in addition to ail other :redie< of the C rnontrav- work. which are maniteit,Y necessaryY a)! drawings and specifications, or which are custnmaii! performed, shall tor in res-pect to latent defects or fraud; p.ovided, bimever, that the not relieve the Subcontractor from performing such omitted or mis- maturing of any right hereunder, after final payment has been made to described details of work., but they shall be performed as if fully and the Contractor and then to the Subcontractor, shall be directly disposed correctly set forth and described in the drawings and specifications. The of by Subcontractor without the necessity of notice to ether parties. Subcontractor shall check all drawiik-, and sp,-cificatiom. iurni-'-ed him d. If the Contractor deems it expedient to correct work not prrfr.rmeJ tor_, _ rn -he, Contractor immediatel.% upon their rertior, and :;hall .i)tl% t 7ontractor in accordance with this Subcontract, an equitable deduction from the of any discrepancies. The Subcontractor shall compare all drawings and Subcontract price shall be made therefor. verify the figures before laying out the -work, and will be responsible 13. Patients for any v errors which might have been avoided thereby. When Measure- ments are affected by conditions already established,' the Subcontractor The Subcontractor shall hold and save the Contractor harmless frnm shall take measurements notwithstanding the giving of scale or figure any liability including costs and expense including reasonable at-torriev's dimensions in the drawings. Deviations from the drawings and the fee for or on account of any patented or unparented invention, article dimensions therein given, whether or not an error is believed to exist, or appliance manufactured or used in the performance of this subcon- shall be made only at the written authority as obtained from the tract, including their use by the Owner. Contractor. 14. Inspection Examination and Testing 4. Lines and Grades a. Except as otherwise provided herein, all material and %1­7t..7l'-J,- It shall be the responsibility of the Subcontractor to lay out all lines ship, if not otherwise designated by the specifications, shall he 5obje,_, - and grades required for the work in this subcontract in accordance with inspection, examination and test by the Contractor at an} % and all the property survey in applicable drawings from bench marks which during manufacture and/or construction and at any and all places %%her: have been established on and Rdjncet,.t to the site as shown on the such manufacturing and/or construction are carried on. The Cont:acr�r drawings; bench marks shall be pr"erved during the construction shall have the right to reject defective material and workmanship ror period and supplemental monuments and bench marks shall be estab- require its correction. Rejected workmanship shall be satisfactorily y cc.,r- fillhed by the Subcontractor to provide necessary horizontal and vertical rec%ed and rejected material shall be satisfactorily replaced with proper- control throughout construction. material, without charge therefore, and the Subcontractor shall pircmptly 5. Fitting and Coordination of Work segregate and remove rejected material from the premises. If the Sub- The Subcontractor shall do all the cutting, fitting or parching of his contractor fails to proceed at once with replacement of rejected material work that may be required to make his several parts come tegether and/or the correction of defective workmanship, such failure may te properly, and fit to receive or be received by work of oth-r Subcontruc- treated as a'default. tors, shown upon or reasonably implied by the plans and specifications b. The Subcontractor shall furnish promptly,without additional charge, for the completed structure. Any cost caused by defective or ill-timed all reasonable facilities, labor and materiais necessary for the safe and work shall be borne by the party responsible therefor. It is further convenient inspection and tests that may v be required by the Contractor. agreed that the Subcontractorihail not endan_,,1tr any .v!!rk by cutting, All-inspection and tests by the Contractor shall be performed in !ucb digging or otherwise, and shall not cut or niter the work of any other manner as not to unnecessarily delay the work. Special, full-size and Subcontractor, except with the written consent of the Contractor. performance' tests shall be as described in the nprci fi cations. The Sub- 6. Mutual Responsibilities of Subcontracts contractor shall be charged with any additional cost of inspection when It is the further responsibility of the Subcontractor to correctly measure material and workmanship are not ready at the time inspection is re. and 'properly fit his work under this subcontract, and to ptoperly cmr- quested by the Owner and/or the Contractor, or which require additional dinRte his work with other trades. In order to prevent duplication of inspection and tests' due to inferior or improper material and work.• errors, the Subcontractor is not to operate from or use as a b3s;3 Erroll manship. -made by other Subcontractors. Inconsistencies or errors are to be inime- c. Inspection of materials and finished articles to be incorporated in diately'reported to the Contractor by the Subcontractor making tie dis- the work at the site shall be made at the place of production, manufacture covery, in writing. Where specific branches of the work are affected by y or shipment whenever desired by the Owner and/or the Contraf!,or. other branches of the work, those Subcontractors concerned must confer The inspection of material and workmanship for final acceptance as a and exchange drawings or melisurranents as may be n,,,:tsiary to insure whole or in part shall he made at the site. Nothing contained It-, 6a1 complete coordination of the work in its entirety :!5 con'.enip'a-,d by the paragraph shall in any way restrict the rights of the Contractor under plans and specifications. In tire Event of dispute, the decision of the any warranty or guarantee of material or workmanship. Owner and for the Contractor shall be final. 15. Transportation Coots 7. Additional Instructions The subcontract amount includes all transportation costa. tic., applic- The Contractor, in his discretion, may furnish ;ldditi,),nal in!-ructions oble to the work covered by this subcontract and it is hererw agreed that by means of drawings or as otherwise necessary for the proper execution there will be no escalator adjustment covering wages applicable to rbis of the work. subcontract. 8. Communications 16. Licenses and Permits A bulletin board will be erected in or around the Field Office of the The Subcontractor agrees to give all requisite notices to the proper Contractor and the Subcontractor or his representative will be required authorities, obtain all official inspections, permits, certificates, and to check this board daily for information directly or indirectly affecting licenses mode necessary by the work in his charge, and pay all proper his work. Information posted on the bulletin board will be considered and legal fees for the some and all such costs are included in the amount as information passed directly to the Subcontractor or his authorized shown in Paragraph 3'of the Subcontract. representative. 17. Deliveries of Eq�.dpment or Material 9. Supervision All deliveries of equipment or material by the Subcontractor or his The Subcontractor shall give his personal superintendence to the work agents or vendors shall be made direct to the units by prepaid freiKht. or have a -competent foreman or superintendent, satisfactory to tht Ccn- The handling, unloading and safe storage of said materials will he the tractor, on the job at all times during progress, with authority to act responsibility of the Subcontractor. Should materials be delivered after for him, working hours ill the absence of a representative of the Subcontractor, 10. Job Meetings the Contractor may-v cooperate in the unloading of said materials, with It is the responsibility of the Subcontractor to have a representative the understanding, however, that the Contractor is not responsible for present for all job meetings when called by the Owner or the Con- any shortage in delivery, and, further, the Contractor shall be paid for tractor. his services. 11. Materials and Labor Standards 18. Storage Facilities Unless otherwise specifically provided for in the specifications, all 2. The Subcontractor shall store his materials within such I ncatims,is rn-sirim-nir materials vnill artirles incoroorsted in the work covered by this approved by the Contractor. The Subcontractor shall hold and it e t Page 2 of 6 Tract 6730 Awntin,;to C^lifornis 31. The work contained or described in this subconLract agreement includes all ,the work of this. ;type and �.rad,e classification _ a 5 of the total work to be performed in compliance with the requirements and provisions of all addendas , amend- ments, and changes, whether stipulated in the Specifica- tions or in other sections of the Plans, and includes all work ordinarily and usually performed as a part of the work covered by this subcontract or usually performed by a subcontractor doing work of this trade classification and/or work required to be performed by the employment trades used by the subcontractor and pursuant to the authority of any union jurisdiction rules or customes. 32. CUSTOMER COMPLAINT SERVICING - All customer complaints shall be completed within seven (7) days of receipt of the complaint with the exception of plumbing , heating and electrical which will be completed immediately upon notice of the complaint. Heating, . electrical and plumb- ing shall be required to have an emergency telephone number for night calls . It is the responsibility of the subcontractor to obtain the signature of the customer after the complaint has been completed to their satis- faction. The signed work sheet should be mailed back to our Customer Service office at If any complaint is not satisfactorily serviced within the specified time, Kaufman and Broad shall take the necessary steps to complete said complaint and charge back to the partic- ular subcontractor unless subcontractor can prove that the complaint could not be taken care of due to the resident not being home or any other reasonable expla- nation. V fir,. "�, ,. Try `'_�'"`'--,'� = 4`�,.;gA� VC. -A -�'wb 1t21 t'.1i.� ',�s�Y.t.�VS S.:v_J.L ii� ac CO.• 9 Contr ctor Subcontractor / Title DATE: lPase 3 of 6 EXHIBIT "A" Continuation of Contract between Derby Land Company and Edison Trenching Co . , Inc. COST AGREEMENT "A"l This is a lump sum contract for a turn key job installation complete of sewer system and all appertances for Tract 6730, on-tract and also. off-tract . There shall be no extras other than those shown on Exhibit "B" entitled "Alternate . " See Exhibit "B" for price. INVESTIGATION CONDITIONS A 2 -Subcontractor has fully satisfied himself thoroughly with his own investigation of all site and all conditions that may be encounted in said work and installation to do this under a lump sum turn key basis and he has included in the total _price costs that are known or to be anticipated with the exception of alternates . Should change be made or alternates be required by Governmental Agencies and Contractor work to be done accordingly. SCOPE OF WORK A 3 Subcontractor shall furnish all labor, material , equipment, etc . to perform a complete installation and to include. but not necessarily limited to trenching, laying of pipe , furnishing power and .water, construction of all app1rtances , rock bedding per planfor cff--fact sewer (base for on=tract if required see Alternates) raising/lowering of man- holes , demolition and removal of brick wall , pumping of water if required , back filling, compaction, provide all safety precautions , shoring, barricades , warning lights , flag men, protection of all existing underground pipes/lines , existing paving and all else for a turn key job , and to leave site in its original condition. Also subcontractor to submit exact location of all sewer lateralSto contractors engineer for future references of location f same LLoca ion in reference to front , side property lines, curg and also dept . DERBY LAND COMPANY EDISON TRENCHING *COMPANY, INC. DATE: l \�_ v - DATE Page 4 of 6 EXHIBIT "B" Continuation of Contract between Derby Land Company and Edison Trenching Co. , Inc . COST AGREEMENT B 1 The lump sum contract price is fity seven thousand seven hundred eight three dollars and ten cents without Alternates as follows : Sewer System Tract 6730 - On Tract $29 ,976. 50 Sewer System Tract 6730 - Off Tract $5 06 7 806�0 UNIT PRICES B 2 The following items and prices shown are for invoicing, additon and deletions purposes only and is not predic::ted against the above lump sum price. Tract 6730 - Off Tract Description Unit Price 15" V.C. P. including rock per bedding detail in plans $114. 50 per lin ft . 18" V.C. P. including rock per bedding details in plans 18 .00 per lin ft. Manholes including rock base bedding 385. 00 each Tract 6730 - On Tract 8" V.C. P. $ 3 .85 per lin ft . 4" V. C. P. 2 .40 per lin ft. Manholes 258 . 00 each Clean Out 70.00 each RETENTIONS B3 Per paragraph 3 on page 1 on this contract , monthly progressive payments for work completed will be made, however in list of subcontractor having to provide contractor with a Labor and Material Payment Bond and a Contract Faithful PerformarmBond , a retention of 15% will be withheld on all payments and joint check to be made with :. material supplier, equipment rental companies , etc. The accumulated 15% retention is to be held until all governmental agencies inspects and field approve all iistallation. When this is completed and accepted , subcontract shall receive 7% of all the accumulated 15% retention leaving an 8% retention until formal acceptance by all governmental agencies . B4 ALTERNATES ' If required by Contractor , Subcontractor shall furnish all necessary labor, material , equipment , etc, to pefform the following alternates : ON TRACT 1 . Rock bedding for 8" V.C . P. $0. 06 per inch per lineal foot 2 . Rock bedding for 4" V.C .P. $0.04 per inch per lineal foot 3 . Granular back fill & compaction from top of bedding to 4" above 8" V.C.P. $0.60 per lineal foot 4. Granular back fill & compaction from top of bedding to 4" above 4" V.C. P. $0.40 per lineal foot 5. Granular back fill & compaction from top of item 3 to surface of ground $0. 60 per foot thickeess per lineal foot 6. Sande as item 5 except to- reference to item 4 in lieu of 3 , $0. 50 per foot thickness per lineal foot :. Page 5 of 6 P EXHIBIT "B" CO17TTNUATION ALTERNATES OFF TRACT 1. Granular back fill and compaction from top of rock bedding per plan detail to surface of ground on 15" & 10" V.C. P. - $0. 80 per foot thickness per lineal foot All the above alternate prices for bedding and back fill to be done if requred , regardless of the width of all trenches . A DERBY LAND COLSPAi�,'Y EDISON TRENCHING CO. , INC. DATE: Page 6 of 6 . i I 1 1 t' 4tNr�i lie . -1 Gal CIVIL ENGINEERS & PLANNERS F LAND AND MINERAL St1RVEYORS I. g Robert P:1. Ga!lo:•:ay R.C.E. Calif. 14063 Thomas H. Barkdwl R L.S. C4. ,. '_317 Newport Beach September 4, 1969 File #100-4600 P Kaufman & Broad P.O. Box 2107 Long Beach, Cal.i.forni.a 910801 Attention: Mr. Morris Henson Re: Tract 6730 Offsite Sewer Dear Morris: We have been advised by the City of Huntington Beach Public Works Dept. that they will not require the contractor to replace the surfacing on P_ushard Street which was removed for the offsite sewer construction . They _rrther advised that the surface replacement �:hich is'not being required, is 2 ft Wide for a distance of 1314 ft or 26288 sq ft of surfacing, therefore, they have requested that a reduction in the offsite sewer contract be negotiated. Had the contractor been required to replace this surfacing, the procedure would have been as follo-v%,s: Upon the completion of the installation of the sewer and the backfill, the City would have required that a 2" AC sl.rr;:j:- no be installed. In addition, the contractor would have paid the City an a r^-•.o_int based on 40� pet- sq ft which the City would have used to remove the 2" temporary servicing and install 3" of AC over 10" of base follo!•;ing settle- ment of the trench backfill . It is estimated teat the 2" AC terr.00rary surfacing would have cost between 10(t and 12 per sq ft which �-v'r,en added to the 40* per sq ft required by the City results in a total of between 50t and 52d, per sq ft savings . The total savir. s would be bet\.veen $131 4 and $13^6.56. The above information is offered for your reference in negotiating the necessary reduction with the contractor. Very truly .,/ours, R.M. GALLOWAY & ASSOC. , INC. J.K . Mandrell Vice President 504 North Ncv.wort Blvd. (Old Naw:port Blvd.) Ne:vport Beach, California 92G60 Tel: (714) 642-3010 E 546-3^u62 Suite 103 Pioneer Bank Bldg. P O- Box 2204 Pr,:scott, Arizona 8-3301 Tel: (602)445-4467 cc: City of Huntington Beach Attn; Eric Ltovicejoy avff. tic a .:tee• 9c '1r. ��, I 1 CIVIL ENGINEERS & PLANNERS LAND AND(MINERAL SURVEYORS Robert M. Ga'. ..ay R.C.E. C�,.,. 140c3 Thomas H. Bark-dull R.LS. Ca ... 2317 Ne,,,/port ' each August 20, 1969 y File #100-4600 Kaufman, 3: Broad P.O. Box 2107 Long Beach, California 90801 Attention: Mir. Morris Henson Re: Tract 6730 Onsite se%,%/ers Dear Morris: The wet ground condition ',%hich. has been encountered in Tract 6730 is again creating problems with respect to r.he sewer installation . We received a call on August 25, from Mr. John Italiano, and John indicated that the City In=pector ':,ias requiring rock bedding beneath the sever line . The site was visited that afternoon and vie talked with the City Inspector who was requesting four (4) inches of rock bedding . On August 26, 1969, we met Mr. Italiano and Mr . Tennenbaum and the grading contractor at the site and pointed out that the bedding was required under the main in view of the present conditions. Hiowever, it is anticipated that this con- dition, will be.relieved as the construction proceeds upstream and the rock bedding requirement should di,-nin,ish. In addition, the sever laterals would not appear to require rock bedding, except for the nearest ten 1, 0) feet to the main at the rr:ost SOuth•,^desterly corner of the tract. In addition, the sewer contracto;^ sho�lld use the excavated material to backfill his trench. However, it will be necessary to break up the excavated material, dry it out and replace it. If there are any questions re Yarding this matter, please contact our office Very truly ;.ours, R. M. GALLOWA`&&/ ASSOC. , INC. 8 Mandrel! Vice President J KM:ea 504 North Ne.•port Blvd. (Oki N�:i or, Nvd) N._ _ -t Beach, California 92680 Tel: (714) 642-3010 & 546-3662 Sul:e 103 Pioneer Bank Brig. P 0. Bon. 22n:' Pr£SCOCr, zon, 5301 TO: (602)445-4-167 cc: Mir . C . Tennent aunt , i.?r. J . lta'.ia:no ADDENDUM .NO . 1 TO SUBCONTRACT AGREEMENT DATED June 18 , 1969 BET1gEEN DERBY LAND COIYIPANY AND EDISON TRENCHING CO . , INC . ON TI:AC County of Orange) z Huntington. Beach, California Contract revision due to the addition of quantities for Tract 6755 -as follows : ON SITE UNIT DESCRIPTION QUANTITY PRICE TOTAL =' Item 1 : 15" V.C.P . Including rock bedding 1410 L.F. $14. 50 L.F. $20,445. 0( 1 Item 2 : 8" V.C.P . 2928 L.F. $ 3 .85 L.F. 11 ,272 . 8( Item 3 : 4" V.C.P . House laterials 2987 L.F. $ 2 .40 L.F. 7 ,168 .8( Item 4: Manholes per standard plan 309 14 Each $258 .00 Ea. 3 ) 612 . 0( Lump Sum Total $42,498 . 6( All of the other terms and conditions of the Subcontract Agreement shall remain the same and are made a part .of this addendum. 3_ DERBY LAND COMPANY EDISON TRENCHING CO. , INC. l Dated : Dated :"'-'-- ' i Vendor # OUR [E! This Agmennient end cnjtcn-cd. irto this h', rid between Kaufman and Broad, hereinafter called the Contractor, and 'L-- hereinafter called the Subcontractor whose business address Is Lt%!; A.-n-yeles, C 21-,..,.::of al a 3 3 5 3 7 (1) WITNESSETH: WHEREAS, THE CONTRACTOR HAS ENTERED INTO A CONTRACT WITH_ HEREINAFTER CALLED THE OWNER FOR THE CONSTRUCTION OF 0­ y anca C2. 7Z�zL1,3�,-"n. U AT N ACCORDANCE WITH ALL TERMS, COVENANTS AND CONSTRUCTION CONTRACT BEnVEEN THE OWNER AND THE CONTRACTOR, AND -WHEREAS, complete plans, specifications, and drawings have been prepared by the Contractor and the architect for the Contractor. and WHEREAS said plans, specifications, and drawings have been approved and purchased by the Owner and WHEREAS, the contract documents have been prepared by the Owner, and WHEREAS, the Subcontractor has signified his willingness to perform the work and furnish all necessary labor, materials, f,lown-if-iit, services, and supplies for a complete job of TOGETHER WITH ALL INCIDENTAL WORK THERETO. NOV,', THEREFORE, IT IS AGREED, between the parties in consideration of the mutual agreements herein as follows: 1. The Subcontractor, to the entire satisfaction and approval of the 3e. In the event that the Subcontractor fails to pay and discharge Contractor and Owner or their authorized representatives and/or assigns, when due any hills of any kind or nature incurred by th,- �uhuontraf tor agrees to furnish all labor, materials, tools, necessary equipment and in fulfillment of this Contract, or if at anv time 'thf-r,• hall he any temporary protection, and to perform all work or services described in evidence of any lien-or any claim against the Contract, r I, a re,ult of Paragraph 2 hereof, in strict accordance with the Construction Contract the Subcontractors operations, the Contractor shall h.i%,- the nght to and its general provisions, this contract and its general provisions and retain out of any payment herein due or any payment to bv�ome due with the Contract plans, drawings, specifications and addenda thereto. an amount sufficient for the Contractor to completely indemnify the 2. The Contractor and the Subcontractor agree that the work to be Contractor against any such lien or claim including attomcy,% fees performed by the Subcontractor is as follows: incurred by reason thereof. CO P C,-a -i 1-',-�:-�1, --' - --�C. 1 C) G�;�a 1: 3f.' No pa ment made under this Contract shall be (nnLIUNO/e eVi- -a- n stca� ;,far dance of t e performance of this Contract, either Ahollv r in part. J C.-A no payment including final payment shall be construed to be an acceptance of defective or unsatisfactory workmanship and/or material,. 7 3g. The Subcontractor agrees that monies received fnr the 51 SCL41 perform- L!"i L J once of this Conti-act shall be used primarily for labor and materials Z; .1 M clt, entering into this work and said monies shall not be diverted to satisfy by 0- 12 obligations of the Subcontractor on other contracts. 4. In the event that any provision thereunder shall be held invalid by any court of competent jurisdiction, the remainder of this agreement .A. G shall not be affected thereby. -ad 5. For convenience to Subcontractor referred to herein as an indi- T­ , - -,�e y -L !I(. 74") bi.l': "n u n S:Y­ to 13m,7-il.bits A aunvJ B at-tacac�-_­,, vidual, the word "he" shall, as the sense may require, be construed to mean "she," "it" and "them" and the word "his" shall be construed to mean "hers," "its" and "theirs." 6. The signature of any person to this agreement shall be deemed a personal warranty by that person that he has the power and the authority to bind any corporation, co-partnership or any other business entity for whom he purports to act. 3a. In consideration whereof and for the full and faithful perform- 7. The Subcontractor agrees that he personally guarantees the tzce of his work, the Contractor agmes to pay the Subcontractor in faithful and complete performance of all the terms and conditions of accordance with the attached Schedule of Buildings attached hereto this Contract and the general provisions hereto attached. and made a part hereof, subject to additions and deductions for 8. The parties agree that all of the provisions of the Contract, the changes as may be agreed upon in writing, signed by both parties, pro- Additional Provisions and the General Provisions are conditions of the vid;T that'no payments are to be made unless the Subcontractor's rate Contract, and that breach of any of these provisions by the Subcon- of progress, work done and materials furnished are satisfactory to the tractor shall create the right in the Contractor to terminate the Contract Contractor as herein agreed upon. Paym m- ts are to be made as follows: without incurring any liability exce t for the value of the work per- ol.lows -A 1�­r*!�,-­ U. -Cf6rmed and materials furnished on t� :01 Gaiy 'i ��et, 0, e site by the Subcontractor prior k�:S to the delivery to the Subcontractor of written notice of the termination. an 1 d OD',�- 0 Z -1 i_1'3 C"L4 Nothing herein shall be construed as in any manner restricting or i1 7 t. Cn 071 f- 0- limiting any rights and remedies of any party on breach of this Agree- ment by the other, andremedthis p in this clause shall be in 11 0 C,.-I A t r,2 C f;0 E21'&addition to all others provided by this Agreement or by law. 9. No oral statement of any person whomsoever shall in any manner 0 --J Ib--0 f "2 w 4 or degree Modify or otherwise affect the terms of this Contract. It is 1D OZYF, IfOC-C1,110t. a-'ad ze�:;Yi-;Y"077":13 0. agreed that nothing done by the Contractor in the performance of its vo 2.Cle s in obligationsM hereunder or In directing performance by the Subcontractor shallbe construed in any manner or to any extent whatever as a waiver an'.3, rm re.: ia-A I by the Contractor of any default in a failure of performance of the terns 72 112 and conditions of this Agreement by the Contract. It is agreed that no person has or shall hereinafter have any power or authority to waive, u aa a es a-nid tIn-o- modify, alter or rescind any provision of this Agreement for the Con- tractor except the person or persons whose names are affixed to this C 0 )0'i -ontract as contracting repm<-­­_ntatives cf the Contractor and except further, such persons as are authorized by the President or Secretary writing, to agree to such waiver, modification. instnj"� J h of the Contractor, in w fib. I'li-1) Subc_onGc*t` C-6ninFact6i %�im assurance alterations or rescission and in the case of these latter persons, their Subcontractor that ie will provide service during &,a eitent of the warranty. This authority shall be strictly limited to the terms of the wnting!. can be in the form of a cash retention or a bond in an amount agreed 10. It is i hereby expressly understood and agreed hem-een the parties upon by both parties. that in the event a dispute should arise as to the perform,ince of the 3c. Regardess of the terms of payment provided for herein the obligations of the parties pursuant to this Agreement, that the parties Contractor shall not be required to make any payments to the Sub- will adjudicate any such dispute in the Courts of the State of contractor that would leave a baLance due Subcontractor insuiEcient to cover the retained perceritnge plus an amount sufficient to satisfy all Cal if jmd the parties agree that each will accept si`rvice of process obligations of the Subcontractor for labor, materials, equipment, serv- im, etc., furnished or to be furnished by the Subcontractor hem-under. outside of the State of Cal if ornia with the same force and Payment for any work not covered by this Contract will not be made unktu covered by an order signed by the Contractor's Project Manager effect as if such process had been served within the State of and any such order must E-e Ob rk t,_J ad p - r" to the start of such work Calif. , and each of the parties agree that the Courts of the not covered by this Contract. If an order is riot so obtained, no pay- =mts will be made for any work not covered by this Contract. State of Ca I if orn ia (hall have in personarn jurisdiction over 3d. The Subcontractor prrecs, as a ccmdidoxi precedent to receiving the parties in connection with this Agreement of any litigation which any payments, that he will iurn-lzh Ohs Ccmtmctor satisfactory releases may arise as a result hereof. vialvm of lien,&Edavit3,and such furrthw evidence as may be req 11. THE PROVISIONS SET FORTH ON THE REVERSE SIDE by tha Contractor that " labor, mawrials 4 . ent' Services etc. HEREOF AND IN THE GENERAL AND SPECIAL PROVISIONS ^ e 'pm 1�v*d in connectlon with or incorporated to have bow pail ATTACHED HERETO ARE HEREBY INCORPORATED INTO for In full. AND MADE A PART OF THIS SUBCONTRACT. IN WITNESS WHEREOF the partim hereto have executed this Agreement for thCri"o-elVeS, their heirls. eXeCUtOTS. SUcce&SOTS, administra- Wm and asaigm, ou the day and year &it above.written. WMESSED BY: By rf -r, Title 14 x L.- U w. AT77-ST: Subcontractor B Mpg T;tIa c F no E "B" Date 4 a'. ! oin see xhil)lt . . • CENE�L PROVISIONS TO THE SUBCQNT�CT FOR Tract 6e5 1. Contract Documents subcontract are to he new and of the most suitable grade of their respee- The contract documents referred to in Section 1 of the Additional tive kinds for the purpose, and all workmanship shall he first class. Provisions of Subcontract shall also include the Construction Contract Where equipment, materials or articles are referred to in specifications as slid the, General Provisions attached thereto. The subcontract docu- "equal to" anc particular standard, the Owner and/or the ('ontractor norms are complementary and what is called for b'v one shall be deemed shall decide the questions of equality. The Subcontractor shall furnish In to be called tnr by all, except in case of conflict between the Additional the Contractor, for approval, full information concerning the material% nr Pn,%salon of the Subcontract and the Genera! Provisions to the Sub- articles which he eontemolates incorporating in the %work tiarnple< of contract. the Additional Provisions of the Subcontract shall govern. materials shall he submitted for approval when so directed, and materials 2• Contract Drawings uwed shall conform to.approved samples. %fachinery, equipment,.mate- The contract drawwings are, in part, diagrammatic and show the riais and articles installed or used without such approval, shall hr at general arrangr:nents of ducts, piping and work of other mechanical the risk of subsequent rejection. The Contractor may, in writing. require trade.. 1 hr Subcontractor shall have a competent superintendent on the Subcontractor to remove from the wnrk such rmplo%re, as the the i..), -itr to coordinate all field work prior to installation and;or Contractor deems incompetent, careless, insubnrdinare or otherwise 2.ct ob- submission of field or shop drawings for approval. jeionable, or whose continued employment on the work is deemed by 3. Verification of ,Measurements, Drawings, and Specifications 1 Contractor in he contrary to his or the public interest. Information regarding the site of the work given in drawings and 1.. Warranties sprcitications is believed to be reasonably correct, but the Contractor a. The Suhcnntractor shall at the request of, and in a manner accept- does lint warrant either the completeness or accuracy of such informa- able to the Contractor, correct any defects in workmanship or materials tion, and it is the responsibility of the Subcontractor to verify all such which appear within a period of one (1) year from the date of final information, independently, and to make such .other examination of acceptance by the Owner. thr site as shall reasonably be necessary to satisfy himself of the condi- b. Except as otherwise expressly provided in chic contract thr Suhcnn- tions to he encountered during construction. In any case of discrepancy, tractor warrants all mechanical and electrical equipment in he free from either to the figures, in the drawings, or in the specifications, the matter defects of design, material and workmanship for a period of one year shall he promptly submitted to the Contractor, who shall promptly make from date of acceptance thereof; and the Subcontractor, promptly after a determination in writing. Any adjustment by the Subcontractor with- receipt of notice, shall make good at his expense, all defects developing out such determination, shall be at his own risk and expense. Omissions during such period. from the drawings or specifications or a misdescription of details of c. The remedies provided for in this clause shall not he restrictive but work. which are manifestly- necessary to carry out the intent of the shall be cumulative and in addition to all other remedies of the Contrae- dravvinis and specifications, or which are customarily performed, shall for in respect to latent defects or fraud; provided, however, that the nor relieve the Subcontractor from performing such omitted or mis- maturing of any right hereunder, after final payment has been made to described details of work, but they shall be performed as if fully and the Contractor and then to the Subcontractor, shall be directly disposed correctly set forth and described in the drawings and specifications. The of by Subcontractor without the necessity of notice to other parties. Subcontractor shall check all drawings and specifications furnished him immediately f rrom the upon their receipt, and shall promptly notify the Contractor d. If the Contractor deems it expedient to correct work not p m e th of any discrepancies. The Subcontractor shall compare all drawings and to accordance with this Subcontract, an equitable deduction f verify- the figures before laying out the work, and will be responsible Subcontract price shall be made therefor. for anv errors which might have been avoided thereby. When measure- 13. Patents ments are affected by conditions already established, the Subcontractor The Subcontractor shall hold and save the Cnntractor harmless from shall take measurements notwithstanding the giving of scale or figure any liability including costs and expense including reasonable attornev's dimensions in the drawings. Deviations from the drawings and the fee for or on account of any patented or unpatented invention, article dimensions therein given, whether or not an error is believed to exist, or appliance manufactured or used in the performance of this suhcon- shall he made only at the written authority as obtained from the tract, including their use by the Owner. Contractor. 14. Inspection Examination and Testing 4. Lines and Grades a. Except as otherwise provided herein, all material and %%n-krra.- It shall be the responsibility of the Subcontractor to lay out all lines ship, if not otherwise designated by the specifications, shall he subje.t and grades required for the work in this subcontract in accordance with inspection, wxamination and test by the Contractor at any and all tir,.:- the property survey in applicable drawings from bench marks which during manufacture and/or construction and at any and all places where. have been established on and adjacent to the site as shown on the such manufacturing and/or construction are carried on. The Contractor drawings; bench marks shall be preserved during the construction shall have the right to reject defective material and workmanship cr period and-supplemental monuments and bench marks shall be estab- require its correction. Rejected workmanship shall be satisfactorily ccr- lished by the Subcontractor to provide necessary horizontal and vertical rected and rejected material shall be satisfactorily replaced with proper control throughout construction. material, without charge therefore, and the Subcontractor shall promptly 5. Fitting and Coordination of Work segregate and remove rejected material from the premises._ If the Sub- The Subcontractor shall do all the cutting, fitting or patching of his contractor fails to proceed at once with replacement of rejected material. -ork that may be required to make his several parts come together and/or the correction of defective workmanship, such failure may' be properly, and fit to receive or be received by work of other Subcontrac- treated as a,default. tors, shown upon or reasonably implied by the plans and specifications b. The Subcontractor shall furnish promptly,without additional charge, for the completed structure. Any cost caused by defective or ill-timed all reasonable facilities, labor and materials necessary for the safe and +work shall be borne by the party responsible therefor. It is further convenient inspection and tests that may be required by the Contractor. agreed that the Subcontractor shall not endanger any wprk by cutting, All inspection and tests by the Contractor shall be performed in such d'Kging or otherwise, and shall not cut or alter the work of any other manner as not to unnecessarily delay the work. Special, full-size and Subcontractor, except with the written consent of the Contractor. performance tests shall be as described in the specifications. The Sub- 5. Mutual Responsibilities of Subcontracts contractor shall be charged with any additional cost of inspection when It is the further responsibility of the Subcontractor to correctly measure material and workmanship are not ready at the time inspection is re- and 'properly fit his work under this subcontract, and to properly coon- quested by the Owner and/or the Contractor, or which require additional f-oate his work with other trades. In order to prevent duplication of inspection and teats due to inferior or improper material and work- r nrs, the Subcontractor is not to operate from or use as a basis errots manship. 'cede by other Subcontractors. Inconsistencies or errors are to be imme- c. Inspection of materials and finished articles to be incorporated in '"eels reporter! to the Contractor bw- the Subcontractor making the dis- the work at the site shall be made at the place of production, manufacture t''''try, in writing. Where specific branches of the work are affected by or shipment whenever desired by the Owner and/or the Contractor. ,'her hranches of the work, those Subcontractors concerned must confer The inspection of material and workmanship for final acceptance as a s-'l rtchange drawings or measurements as may be necessary to insure whole or in part shall be made at the site. Nothing contained in this '"Plete coordination of the work in its entirety as contemplated by the paragraph shall in any way restrict the rights of the Contractor under 9'anw and specifications. In the evert of dispute, the decision of the any warranty or guarantee of material or workmanship. 'nor and/or the Contractor shall be final. 15. Transportation Coats 7• A6ditional Instructions The subcontract amount includes all transportati,.n costs, etc., applic-- r" Contractor, in his discretion, may furnish additional instructions able to the work covered by this subcontract and it is hereby agreed that mranw of draiwings or as otherwise necessary for the proper execution there will be no escalator adjustment covering wages applicable to this. sr the wnrk, subcontract. R• Communications 16. Licenses and Permits h"fletin hoard will be erected in or around the Field Office of the The Subcontractor agrees to give all requisite notices to the proper t'o'ra,tnr and the Subcontractor or his representative will be required authorities, obtain all official inspections, permits, certificates, and 01e'k this hoard dais for information directly or indirect) affecting licenses made necessar• by the work in his charge, end s,e w't y y g } g pay all proper `Irk' Infnrmatron posted on the bulletin board will be considered and legal fees for the same and all such costs are included in the amount e' "'f''rn:atton passed directly to the Subcontractor or his authorized shown in Paragraph 3 of the Subcontract. '•�rrsentetive, 9• tiupervision 17. Deliveries of Equipment or Material ?-he Subcontractor shall Rive his arsons! superintendence to the work All dCliveries of e'lurpment or material by the Subcontractor or his R P P agents or vendors shall be made direct to the units by prepaid freight. w e a competent foreman or superintendent, satisfactory to the Con- The handling, unloading and safe storage of said materials will he the t h Tote the loh at all times during progress, with autbority to act responsihility of the Subcontractor. Should materials be delivered after 10 working hour in the absence of a representative of the Subcontractor, foh Meetings the Contractor may crio erptc in the unloading of said materials, with t, p p R 'w rite res onsil�ility of the Subcontractor to have a representative the understanding, however, that the Contractor is not responsible for all job meetings wvhen called by the Owner or the Con, any shortage in delivery, and, `urther, the Contractor shall be paid for his services. rf Materials tied Labor Standards C lB. Stain c Facilltlr.a t "resw otherwise specifically provided for In the specifirations, all a. The Suhrontrartor shall more his materials within such locations as e'1°+rptnent, materiels end articles incorporated in the work covered b ibis s rover h,. t ,- (•or.tracsor. -a y pr 1 l •I� t' SuhconUectur sl:nil b-hl and agvr !Lr e ^ I Tract �75 ' �t�tin toss each, California. 31. The work contained or described in this subcontract agreement includes all the work of this type 'and trade classification ( "'Cwe'r .'_•stem. ) of the total work to be performed in compliance with the requirements and provisions of all addendas , amend- ments, and changes, whether stipulated in the Specifica- tions or in other sections of the Plans, and includes all work ordinarily and usually performed as a part of the work covered by this subcontract or usually performed by a subcontractor doing work of this trade classification and/or work required to be performed by the employment trades used by the subcontractor and pursuant to the authority of any union jurisdiction rules or customes . 32. CUSTOMER COMPLAINT SERVICING - All customer complaints shall be completed within seven (7) days of receipt of the complaint with the exception of plumbing, heating and electrical which will be completed immediately upon notice of the complaint. Heating, electrical and plumb- ing shall be required to have an emergency telephone number for night calls . It is the responsibility of the subcontractor to obtain the signature of the customer after the complaint has been completed to their satis- faction. The signed work sheet should;.,be,,ipa. ed back to our Customer Service office at y•f•z:`��+i:,' If any complaint is not satisfactorily serviced within the specified time, Kaufman and Broad shall take the necessary steps to complete said complaint and charge back to the partic- ular subcontractor unless subcontractor can prove that the complaint could not be taken care of due to the resident not being home or any other reasonable expla- nation. Contractor 'Subcontractor Title DATE: 7-- EXHIBIT "A" T 1),A CT 6755 CONTRACT 1;EUNEEN DERBY LAND CM,4P ANY and M & M PIPELIi`;E 1 . Subcontractor shall furnish all labor, ,,,aterial , tools and equipment necessary and do all work required pursuant to this contract , approved construction dra-,•.ings prepared by 1 . M. Gallo gay & Assoc . and pursuant to the require:T,c nit:s of the County of Orange required for tl-e complete construction of Sewer Systeri, including but not limited to pipe , structure, excavation, bac :fill , flooding and compacLi_on of trenches , etc . Included in contract are n,anhol_es & valve bosses which are to be brought to finish paving grade after_ paving and it also includes any asphal11-- patching in connection herewith. 2 . Subcontr_actbr acknowledLes that he has personally in:restipated all site and other conditions and that he has included th. prices httached in all job costs that are known or anticipated . 3 . If work is changed on the signed plans so that the cost of the work and the material to the Subcontractor is iC Crew:ed , L Subcontractor shall be paid his increased cost as mutually agreed upon between the parties hereto. Increased quantities of items of work set forth in E-xhibit "B" which are not involved in increased cost because of the aforesaid changes shall be paid £or at the unit prices. set fortl-i in Exhibit "B" and multiplied by actual field quantities installed and as approved by Project Superintendent and the Contractor ' s engineer. 4. If Subcontractor fails first test , additional testing will be made at Subcontractor ' s expense . DERBY LAND CO'PiPANY M & M P IPELlNTE Dated , %,/Z Dated d a w EXIMTT "h" TRACT 6755 CONTRACT Bl.,"TOJEEN DERLY LAND CUMPANNY and M & Pal PIPE LTNE SEMI-R : QUANTITY UNIT PRICE TOTAL 15" VCP 1410 L.F. $ 9 . 50 $ 13 , 395. 00 8" VCP 2928 L. 1-1' 3 . 00 8 , 78'4 . 00 4" VCP house Laterals 2987 L. F. 2 . 00 5, 974. 00 Manholes per Std 309 14 Ea. 300, 00 4, 2.00. 00 $ 32 , 353 00 ALTER'?A'I'ES if required , Rock in place @ $5. 00 per ton and Sand in place 3 . 5U per ton. Said rock and sand are to be paid for on the basis of delivery tickets and verification by Project Superintendent. .Dated : —�11 / G c — Dated ADDENDUM NO . 1. TO SUBCONTRACT AGREEMENT DATED August 29 , 1969 BETWEEN DERBY LAND COMPANY AND KENNEDY MECHANICAL CONTRACTORS 'i: TCT 167777glCounty of Orange Huntington Beach, Ca'L ornia Contract revision due to the addition of quantities for Tract 6755 as follows : o ON SITE UNIT DESCRIPTION QUANTITY PRICE TOTAL Ite l 1 : 8" A.C.P . - 1513 L.F. $ 3 .45 L.F, $5,219 ,8-5 It-c, � 6" A. C.P . 2778 L.F. $ 2 .80 L.F.$7 , 778 .40 Item 3 : G.V. 3 ESA. $180.00 EA. $ :4C-.,00 Item 4-: 6" G.V. 7 EA. $150.00 EA. $ 1_,G r,0. 00 Item 5: ;.Fire Hydrant Assembly 9 EA. $550.00 EA. $4,950J)"; Item 6 : 3/4" Services 97 EA. $ 67 .00 EA. $6 �,09 .00 Item 7 : 1,1ete.rs & Boxes 97 EA, $ 51.00 EA. $+,9'.•7 , 00 Item 8 : "riot Tapp (12"x8") 1 EA. $760.00 EA. $ 760. 00 Item. 9 : Blow-Off Relocate from Tr. 6730 $ 50.00 $ 5MO ALTERNATE if required , Back: il.l/bedding @ $4.00 pe? ton in place. Lump Sum Total $31,794.25 All other termis and conditions of the Subcontract Agreement shall remain It_'L-.e senile and are :i1u-dle a -Dart: of this adde :;um, DERBY LAND CGMPAYX--: KENNEDY ME,Ci';11i]ICL C'� TJ .C'fOR.U. Dated : 1 i;-'� ;' �`r ll tted : ' - . . ' ^ | � ' PURCHASE ORDER KAURNAN AND BROAD, INC. / 10889 WILSHIREBLVD. . 1 � LO� ��O O A��ELES, CALF�RN|A ' �n� ^ " - x ��� 90024 213-47/8-2021 � .-DATE-,-, �/ ` DATE REO' ^ ' Bill to: l. Off-siteoonst �Fn^ ' - 2 On'sit000nst. El 3. Sales & Marketing [� � PHONPy E . `'} 4. Buyer'sChunQes [] ' 5. Customer Service � SHIP TO6 Other ' � PRDJ SHIP LOT-- I. Item purchased. � x. Unit Price / Price Not to Exceed Number nfMan nou ` U|. Reasun for Purchase in Detail: ` CONDITIONS AND INSTRUCTIONS I. The above price includes all labor, mm:r/o|, permits, taxes, etc. 2. /V/ invoices and statements mvst be umeu as instructed above. P.O. No. mua appear on ue|iveryticxots. iovoies' and unnrspnou'nco. Labor and material releases must accompany billing. 3 This puncxam order Subject tocsrccxaoon nnvo/ny.onu delivery are not coumacton, to purchaser. 4. Ruceivin., slips must be signed by our field p,authorized reprs:ntative. 5. In the event there is subcontract between the partiux xrr eto. all the terms and conditions an: mouu o n,:t licreof and /ncorvoc,tccj oa,cm b« reference. ADDITION TO CONTRACT YES-_-~ NO____-- BACK CHARGE YES--___- N0-____- TO VVHOKX REMARKS-- ACCEPTED— PURCHASER-- BY APPROVED BY: Purichasing__._��- FOR PAYMENT Production Nlgr. Amount Approved—. Sales Mgr.— Division Engineering 1 � � � �° .�$ � ����Q9 one. 11532 Anabel Street GARDEN GROVE, CALIF. 92640 Cn9&2EZzu29 �o�zEzaetoz� WATER LINES - SEWER LINES STORM DRAINS Juno 69 1969 1114vuIC A9-338 F �il�fia'a1,3� � �3Tc'dl33 Derby Land Company 10389 Vilshire Blvd. ' Los Angoleap California Send in place Tract 6736 U�'FSZTE Storm brain Hetntin&tou Beach, Cali orniap As per agreement. 15021 0 63.25 Per lih. ft. 5 49781.50 Itv or !1'.1!1 r '7inn jr, C: i r i 4 I ' 1 1 ��0 11532 Anabel Street GARDEN GROVE, CALIF. 92640 (714) 534-7880 cc nn ' G12QL12EE2LJZC� (�012EZLICfA21 WATER LINES✓✓- SEWER LINES • - STORM DRAINS June 6, 1969 INVOICE #69-343 Kaufman Broad Derby Lend Company 10839 Wilshire Blvd. Los .Angeles, California Sand in place, Tract 6730 ONSITE Storm Drain Huntington Beach, California, As per agreement. 11321 �a $3.25 Per lin. ft. S 39679.00 Approveds Cf y of Huntington Leach Galoway Engineering Kau cnan Broad F i no., 1 ac 11532 Anabel Street GARDEN GROVE, CALIF. 92640 (714) 534-7880 n 62gb2EZtb2q ( 01ZtWCt0T:i {` WATER LINES - SEWER LINES Ji) STORM DRAINS 1 Jul,; 22, 1 �U, 3 1 LLT_.ru l:-'i:'.^:? ?7.'O %C?'??' T.-1, v0^'- «n :?0 2107 V ::ttclit.i-on ; JOc 'Pall f 0On5tt'UC-t 1.0 t Ol 011^:":_-F „��� {�( f_ i'_.t c, +o1_m Drc...ln:s, r Ct 67 �1 '/ of n I r J '.` '.1?Ilo7.0s 91�0.00 CIA ,s50.00 in lieu or s?.,,irr-,..TA Lump S'U , r-00e00 0n—Site oTist-n,, , ier : 7 0 n 7 T1 r.Vi SA 73 �.; a r1,J-� l � e `�.' �,1:.• - � ,^^`L OJT/ r h t 1 7 11 7Rr,� 1 ^ Sd r5 P '1�' t "/L .n•Gi �. Cr its• .-, '. • .�_. 7 Ca1ch 13L sir: ' n0,nn 1_ Li'.�',CIL cil_: 71 C� 7.r,0 y Ch r0.00 i , . 75 .27 20C Bass ; Sit In Lil.cl- oss of roc! b- _ c '; _ s rc' 'i11.'0l' 4J1� ✓+or... ""'rains . 1j of 1'';1 ;J roe'_ -VI-V , 1?1'-• C1U,_ C' 4 -.A OL:r l Or Tar`'l �_', . -rice . 3 i.tional I. oC_, 1d^JC .y • f " l 1, C?-'� s :r oc 1 : '3�:.ac ._._e... .� _.. .i.o:.1 ;-,. t^ l�'Y•., 0 Per 0n-Sito rlr OCR: b7. aC ::ro., J+ ..4 ._nn ) 5 r11 .00" t0 i n .I , ?.0= Q70 T',-,7 =+rn] 1c �-1T, ) 1 N:1CCt• V - c=07 L111 •-,t e 3 r ' i j r n0 ^'i 01 ^O 1 �ontir:LLe�� r: fret _ _ - 11532 Anabel Street GARDEN GROVE, CALIF. 92640 i (714) 534-7880 �1I S2.q&zEEalnq (fonftaetoz t WATER LINES - SEWER LINES 1111 STORM DRAINS T` ,01 379 , i. '-'a e - i 'JanC: c!rtil1_ 10 ,�'. 1 '' Lire of TJ u:Cf a: 0n 1 5-1-0 7 0n--` i+_e l / 1 T it000 or 10 t' i F .7C v,�.�� J 171..i.off:S i Su') `110+�.� C`. o w r eA i n v a�= .i ^ry 1 l;^ Cc,li:z c is '-'�,ount ,:.>e 'Te'„ P n77.20 1 r-a2,casue ':TO (In ., 1 57 G , ,`'u.01 _7' 7 { 101) .. � i r h e ADDENDUM NO. 4 TO SUBCONTRACT AGREEMENT DATED June 22 , 1969 BETWEEN DERBY LAND COMPANY AND SADDLEBACK PIPELINE INC. ON TRACT 6730, Huntington Beach, County of Orange, Calif. This addendum is to establish actual quantity and cost for additional rock base under OFFSITE storm drain pipe as required by the City of Huntington Beach and as covered by item B3 under Exhibit B of contract agreement dated April 22 , 1969 . Four (4") additional inches of rock base under Offsite R.C. P. @ $0. 10 per linear—toot per inch in thickness or $0.40 per linear foot for 4 additional inches . 1306 linear foot @ $0.40 per linear foot - $522 .40 total DERBY LAND COMPANY SADDLEBACK PIPELINE, INC. � - �- A-DDENI'DILR4 NO• -3 TO SUBCONT`ACT AGREE:L NT DZITED June 20, 1969 BEZ%7EEN DERBY LP.-NO COMPANY- - AND SXDDLEBACK PIPELINE, INC. 3_G untin,ton Beach, County of Orange , Calif. Item 1 This addendum to the contract is to clarify Addendum #2 date May 16 , 1969 . Placement on sand back fill around main line storm dr -in pipe to spring line at $3 . 25 per lineal foot of storm drain pipe regardless of width of trench for all OEE TRACT back fill only. Consisting of a total of 1412—I-1-nea feet (1498 lineal feet less 86 lineal feet for Brookhurst St . Crossing) ; or a total of $4589 . 00 for off tract. Item 2 This same addendum to contract is for placement of sand back fill around mein line storm drain pipe to the height of spring line of said pipe on ON TRACT. a Subcontractor to furnish all necessary labor, equipment and materials to perform installation of said back fill in full compliance of all requirements by all governmental agencies as follows : Sand back fill around pipe to spring line on: Total of 526 lineal feet of 18", 24" and 27" R. C. P. @ $0. 60 per lineal foot $ 3115. 60 Total of 611 lineal feet of 33" and 36" R. C. P. @ $1. 62 per lineal foot 989;.82 Total for On Tract - $1305••42 Said back fill to be accomplished on the above prices regardless of width of trench. All- other terms and conditions of the Subcontract Agreement to remain the same . ERBY LAND CO11PANY SADDLEBACK PIPELINE IATC. . r - Da e : �1 2� ' �;�� Date : -- c L/ ADDENDUM NO. 2 ;dated May 16 , 1969 TO SUBCONTRACT AGREEiiENT DATED April 22_•, 1969 BE.RIEEN 1:A1JF1,Ar, AND BRO-�D, ITvC . AND SADDLEBACK PIPELINE_, INC. Oit 'ITs ' 6130, Huntington Beach, County of Orange , Calif. Addendum to contract for the placement of. sand back fill around main line storm drain pipe to the height of spring line of said pipe. Sub-Contractor to furnish all necessary labor , equipment , and materials for said back fill in full compliance -,tiTith all Government agencies at a cost of $3 . 25 per lineal ft . of storm drain pipe , regardless of width of trench. Total length of back fill to be determined by ' Contractor ' s representative and mutually agreed . upon by saidontractor . SADDLEBACK PIPELINE, INC. TIAN AND BROAD, INC. l_ Dated : Dated : L` b� --r ADDENDUM NO, 1 TO SUBCONTRACT AGREEHENT DATED April- 22 , 1969 BETWEEN DERBY LAND COMPANY • AND SADDLEBACK PIPELINE ,INC . ON Tract 6730, Huntington Beach, ounty o— an i—Orge ,Zalit . Amendment to contract on additional alternates of Exhibit "B" Page 7 of 7 , Items B-3a & B-4a . Amend Item B-3a to include the following: Rock base bedding which is included i_n. the lump sum price shall be 4" thick and if more than this thickness is required by the City of Huntington Beach and other governmental agencies Subcontractor shall_ receive compensation in the amount of as shown in the following amendment addition for Item B-4a en- titled "Alternates . " Amend Item B-4a "Alternates" to include the following: Additional thickness of rock base bedding (over 4" thick) for off-tract trenches @ . lOG per L.F. of pipe (regardless of width of trench) per inch in thickness . Additional thickness of rock L-ese bedding over 4 thic_. for .on-tract trenches @ . 07(,, per L.F. of pipe (regardless of width of trench) per inch in thickness . Also on the other two (2) alternates shown on Page 7 of 7 of Contrect on Exhibit "B" Item B-4a , for clarification if rock base is required to encase off-tract and on-tract R.C .P. at $9 .00 and $5 .00 per L.F . respectively, these too shall be done regardless of width of trench. All other .terms and conditions of the Subcontract Agreement remain the same . DERBY LAND COMPILNY SADDLEBACK PIPELINE, Ii C . 7�_ L_ Dated:. \ 't`'v1�. �) C; C This A,-rcen:rat r:.•_cl^ Fr,d a st1-:-zl I.ato this 22nd d..v. r.f _ _ _A) ail _ _ 19 6_9 by and between KA,,drman and Drcad, h-rzinafter calved tI�Cont-MOCr, ard -- STDDL_LBACK }.'I_jY'FL1N_t✓__INC. hereinafter called the Subcontractor whale business address ts. 11532 Anabel Street , Garden Grove , Calif. 534-78-80 (1) WITNESSETH: - ------ WHEREAS, THE CONTRACTOR HAS ENTERED INTO A CONTRACT IYITH__D_J'jU3Y__LAND_ COMP.MYY___._____ HEREINAFTER CALLED TFIE OWNEIl FOR THE CONSTRUCTION OFsr\A=6-Z3Q qn—tract_(p.er_sa)- and Off-tract area to serve said tract ,--located in---Git-y- of -Ltli).tingt.oil—Beach,D_range C AT Atlanta Ave. - BrOOl:hurst St . ACCORDANCE WITH ALL fER!:t5, COVENANTS AND C:ONSTHI,•CT10N CONTRACT BETWEEN THE O\VNER AND THE CONTi:ACTOR, AND WHERE.. complete plans, so•ciScations, and drawings have been prepared by the Contractor and the architect for the Cuntractur, and WHEREAS said plans, specifications, end drawings have bccn ep;,roved and purch:!sed by lhr Owner and WHEREAS, the contract docirn^.nts have been pre by the O:.':rr, arid WHEREAS, the Subcontractor has semi ed his w'l,!!ingness to perform t;­ic wort- and furnish all necessary labor, materials, c,impment, services, and supplies fora complete job of STOR" DRAIN SYSTEM . - ON TRACT ANO OFF TRACT-__ __ ___-. TOGETHER WITH ALL INCUDENTAL WORK l i1-ERETO. - - - —— NO`.'.•, THEREFORE, IT IS AGREED, between the parties in coosidtration of the mutual ;agreements herein as follows: 1. The Subcontractor, to the entire satisfaction and approval of the 3e. In the event that the Subcontractor faits to pay and discharge Contractor and 0.:;7er or their author,zcd representzinves and/or assigns, when due any hills if any kind or nature incurred fry flit- Subcontractor agrees to furnish all labor, materials, tools, necessary equipment and in fulf:lln.!cn.t of this Contract, or if at any time there ,hall--he any temporary protection, and to perform all work or services described in c••j- .ce of :any lien-or any clairn against the Cuntr.,ctw .,, a result of Pr'nFraph 2 hereof, in strict accordance with the Co istnlction Contract tl,e Subcontractor's operations, the• Contractor shall have the n ht to end its general provisions, this contract and its general provisions and rc•t::;n out of any payment herein clue or any payment to become due with the Contract plans, dra:v:n-s, speciL•cations and addenda thereto. an amount sufficient for the Contractor to com)-fletcly indrrnn;fy the 2. The Contractor end the Subcontractor agree that the work to be Contractor against any such lien or claim including attorney's fees perfor. cd by the Subcontractor is as foliows: incurred by reason theef. Complete cr ete installation of Storm Drainage 3f.' No FF yment made under this Contract shall he conclu,isr evi- ct does e of the performance of this Contract, either "holly „r In part, S 'Ste s per. plans anproyTd Fehfruar 9 69 ,zll.i no payment including final payment shall be construed to be an e 1titTed Construction ans or r�a9c acce•,ca re of defective or unsatlsfacto. wJrkr„anshi and/or materials. 6730 11 - r '„- "Y P� and in full compliance of all 3v. The Subcontractor agrees !hat monies received for the pc•rfomi- speci.'ications , standard details and anrc of this Contract shall be used primarily for labor and material. requirements by City of Huntington Beach entcrinS, into this wort and said monies shall not be diverted to satisfy Orange Count FHA i�A MPS and all other soo. gations of the Subcontractor on other contracts. g y 4. In the event that any provision thereunder shall be held invalid governmental and regulation agencies . by any covert of competent jurisdiction, the remainder of this agreement This will include but not necessarily shall not be affected thereby. . 5. For convenience to Subcontractor referred to herein as an indi- be limited to those items listed in vidual, the word "he." shall, as the sense may require, be cnnstruc•d to Exhibit A & B attached hereto, me;..a "she," "it" and "them" and the word "his•' shall be construed to mean "hers,' "its" and "theirs." 6. The signature of any person to this agreement shall be deerncd a personal warranty by that person that he has the power and the authority to bind any corporation, co-partnership or any other business Continued on Page 3 of entity for whom he purports to act. 3a. In consideration v:hcrecr and for the full and faithful perform- 7. The Subcontractor agrees that he personally guarantees the once of his work., the Conti=or r.prccs to pay the Subcontractor in fait}7fu1 and corylete perfonn:mce of all the terms and conditions of accordance with Lhe att ached SCbaciuie cf Buildings attached hereto this Contract and the general V,rro�isions hereto attached. tared made a part hereof, su'_ycct to additions and dtdt!cticns for a. The parties agree that all of the provisions of the Contract, the eh=.n es as may be aggczd upon in s::i*� s nod by both partizs, pro- Additional Provisions and the Ceneril Provisions are conditions of the vide that no pays;ens ere to bs in-de vv.lcss the Subcontractor's rate Con'rv.ct, and that -breach of any of these provisions by the Subcon- of progress, work" dea, d_-L rod m^t_ras f `:td are sat-sf cto:y to thn tractor shall create the right in the Contractor to terminate the Co tract Co;t_rs.tor as herein r.r c7;d t•._on. Fx,,-n:r:.t a to b� m_--d- as follows: • t::out incurring any, liability except for the value of the v;orl: MO t CZly progress pc�ymen�s for �:o;ik eomplertedd end materials funiished on th? site by t}:e Subcontractor prior z ij c,'. d,iivery to the Subcontractor of written notice of the termination. an approved by COn�raCtOr s En(.,;) e . S�1bc�nt actor s� all submit invoices n l;nj1rry herein shall be construed rs 7, any manner f this A'g or t 1e 5t Of_ ens 1 month to Contractor Qs L?.i'irs- any rl hts and rrrnedfcs o; my psY/ on breach o, this Age c- r._rr.' Gy t11c o. r, and t`7e aortae, provid d in this clause shall b in Engineer for appproval of work done per )3!i'on to all others pro':iaed by this Arrecment or by law. Exhibit B attached , Payment will be made No oral statement of my person w•ho.nsoevcr shall in any manner within 15 days after receipt and approvalor ccrac modify or od,zlw•ise affect the terns of this Contract. It is :c-::•� .hst nothing done by tl.a Contractor in th pe:;or,+.ar,cc of its Of 1riVOices in proper order aCCO npanled ��r;aLo;ls h_reunuter or In directing perfon-,-nc, by t}tc Subcor.tr:actor by labor & material lien- releases . 10% s;:a: h construed in any manna r or any extent whatever as a waivzr rete�,1 io}l. shall 1 e j ithheld ro i pay en b; t; Cr:atrsctor of any default in a failure of perfonn.-ince of the tann; 0I2 al •pC1aSi S and th "::,ditions of this ,.F-,rc•emcnt by the Ce^tc.a. It is agreed that no e accuiTlu atioll O t 1lS - ` Fr. 0 }:^s or shall }:ereir,after have army po'. cr or authority to 6%aivc, ej�ntion shall b due and pa 'able upon r ll acceptance of the storm raina E t:!ter or r p_1'rSprav:sns o: this Ames -art- for t}:e this g L_ttc:' e:;ca?t the perm o- pzrsnns .vhc�e nr:rr.�s are efiixed to tins SyS ter'( , ns t alled , b0 d , cover nn same :;tr-.! es contra.clin3 r res_ntativzs of the Contractor and czcvpt �OstF<'d Uy Contractor ire_) nPr byy�t� City Of ,r, st:ch p rsons as rrz r.uthorized by the Fresident or Secrei__ry tlunti�1 gton 1� F:C 1,Oran2e County, Q'Overn- of t}e Contractor, in writing, to r•r',ee to loch ::riser, n,odi catirnl, mental agencies V�; �.-�7'A .PA :� t t ,. tna >r.;-_:. >• ::�•s.`-: ..?'i u., etc u, _,c c..,.. Is or rescissicm and in the case o. these latter persons, ti,etr L%_'-t he v;}':i p;o: '_ si.v!c" rs,:. G'a e _;a of Lht v:_n: nty. T`is P..: :�,r'y shall be strictly limited to the terres of the writing. �.n L L-! G:c fo:;;l of a c:_h r. _ilia c: ra L ad in cn st mt FgrEd t It)." It is hereby expressly understood and a;,rcrd between the p.,rties V t..,a ir. the event a di ute should arise as to the •rformar,ce of the P_L,.ci. - gip' p' 3c �3,LardL,s u_` the t- r s of .at rovided for }x`in th- c:::'Lttic is of the parties purse nt to"this Agreem..cnt, that the parties "r - p G,v7t>:actor shall not�I-o rcov: ! to r- .1 fry r,,y-:z;ts to the Sub- l. adjudicate any such dispute in the Courts of tl7c State of r s%o^t:. L r. L' :, d:.. SuF:coa' _tor irs.__ciet7t to C F: tile. rt:[.^.Ll^ IiCOO:._ J 'ell_ r7 f_�_.-'a St'�'^.....;t tQ -.-.izfy Fil C, ' I s{ ll:e ,attic agree w L. i, , L_ pull' parties ree that each ill accept service of process of tt:z 5:;: .me: CtGr fCr ',:'�:r, r:a,A.A—, c .t, :crv- !:';, to bi fr-.-.i.':='. Ui, i':) Stsr r,�.:r l,r..;._under. eu_ de of th;: State crCa1ifornia with the same force and far a.•1/ v%ore: r.ot cost_ d i7' t.:: C_,t-:.::: v iti r,c: e rude t .: d fly col o-! r S ' b•: t::^ Cc.-a:: 'or's I.•:;, T- 7^ecr c t:.ct cs if such process hod been served ::it}in the St;tr cf e-_;I r::y t_.ch ore?•-r r.::aa ba c`''a_: r to t : s:t:rt of s::ch v:ork Call if, and cnch of the parties e.rce that the T-�'^ t pa � Courts of the It t 1 c.c__r to r:-, so c .�i:: d, no p::y- t b: r_:'.e fc: :try vac.:: r-o; c,:: .d by t?:Is Con- ct. $into of CullfOiilil shill have in p.rsrnam jurisdiction over ant to r:^afvL]g t:-- ;:.irtics in connection v;ith Ibis Agreeirl;:nt of any liti,,noon %01z,:h ;n-.y miss as a result c: :a cf'lic c, ;l H ON TI;E 1;i=VEKSE Siff i i SI:'1' FUi 1 to Cc_:. i c: t,^` r__l l:ti,ur, r:_::; 1: c.'�o':-teat a, s:rvlc .s etc. 1: .i: C1 P.?:D IN "rl : C,IP. ^c Iva cc:._,:cdlol citis o: In cc �r_.._3 Ln .r'u v:ur._ h_v h.::n p i !:'iTA I1 J:Ef C ! '11:I: `BY 1'' ! _ •e }iD :) AF.% ,%Critl'i)il ,•1'1:I) }•'•1'1'O frT1--,feli. Aji_. MADi. A PART O? '1NIS SUiCO ."hliP:CT. IN' WITNESS 17IiEBE0 t�: r :1 'r'-:rl:e h'..a c_ rtcd lh f. ._....yr:'t fot d,sm_ 1v,a,'ti7 it 1:c-irs, cxc;u'.ots, st �:', L-. ".'_ socceso:s, re- b:at, U 11' i\-Y ::L.j'�. I C; �\ �_C/(.L✓ � s ne � ,l-'t-�/ 1'%'----s�-�-- � ��•• --��•1�`- ,t',;'l�') �'�:'_�:,,-a.J_ /ti ; , ,i ; 7 file _SAl)1 T,1 15 C.1; 1. 11-1 I,II\lL, �) N; C, J1 In rnznrta Cie tnLl 0-!, Ci !Pa sari the tieOi1r.io, C;ii:n,_-2 o.Yci3 an� ;Tz,'n vtr'z6f"I. Cc--la a 11 of 1,3 dc-curim42 F'ro C-n fiij et tl)-. C, t,;7 L,nrr end arc for irlitecticit at -.11 timm 2, y!' ht: ezi-trully e--Eriined all Cie ccritnTzi jrawin-.s, adder. !harro, and Co! epi c.1 ribl_­n t!,., further undewo-nd th-ct the Stibconntr Is It 3 to L. Z-4. It is full ector shall have the t_­2 tl:" 17 the Contractor as the Conlrnciur has to Ote 0;,t-,)er so determined end In t,;.l &v-,-n.v). Any dc-:1--n 62ficitnu shill he brov.-,ht to the orten0on of III,- CC;It7r.V­,V IQ 11 fl2 tubontrrctor prc-41 % itn his pl% of work withcut acca 7rt ­.,n: in ­-. � t*,!a I!,all be a Oancicoi. VC s,impOon that the dc;ion Is proper and any fallur: or d::n1.rO--2 In ipes tMi msi of Cie.v rill be eltributed to irnpropetr inmallittion of the wor:z or rznte-r1fla. S. TLi C=--ractor is etit:r!z-, Into this Ccn!rt-t vilth the Subcontractor rtlyin';-j vra,% t','l v-14 r1ility of th- officers, ho!dt T. and/or partners of'tbe to f1:11,111 t412 cc-mr."m they: bt a chin:;: in officers, c:ockholderj or per-cn:-r,4 of e_,_2 t'-.l Contrzt:or t'iall have the fl"M to dtclarc this Contract null endT6d a-1 CY21713 EL91i t; LO Clain, upon the Contr.,ctor and any otver firm, tz-rcv or Individual for r.!_ lusts 'V-Iorl dope onthe project site and me Ile tu'Dplied to the project titc, as citzert-alned by tb-- Cont-mcist. 4. The Sutcontractor shzil tarty end pay for (1) vrorkmen's compensation lneutDrite; tnil or-(2) public liability insurancec�naiating of both bodily injury And property damage coverage end irmh;'�inZ c­_.itr,-xrual liability covernge. All of said Entity shall be in a sumand vyitb end fit4�r,);znies acceptable to the Contractor. The Subcontractor shall furnish Conrr=:)r vilt'a cc,-.I-, of taid 1polic;es or %-;ih ccr­tific!;tci sho,,vinj nzines of tht c--rricrs, nvn9trj of tb.., p4c-1--a and txpirttion detcs within fif,,tn days from the dare of this Contra`( and ptior to t,,-. matt of vrozir. Su',=ontrzctor htrcbv P:;ree-a to defend at i- ov7n co:1 end to indemnify end L-_,ld the Connector, its agents ;.nd emp!o5ccs, from any and all linhility, jo:a,­ cj.jjr,-j, Br d 7 ezpenb-i, howto-ver caused, rrsv!fing directly or indirectly from or Conn_-f,,_-J with the perl"fa- aric- of this ftrrement, irrespective of whtlhtt such limbility, dnimpC:et, 1ci--_-3, chin:-), rF,.Jjor ezt>zn_is-.7tre rctu.lily or olle:-odly caused wholly or in part throlich the r,%;l;z,-,nct of Contr=z;r or any of ki v.;-,,cnts, employees or other contractors. S. The Contract amount includes all Fedcr:), State and iocni taxes and dl;titz. All tOL-cs levied or ec-twd against the Contractor or Contract arising out of t1,e or im, by the Subcontractor of raltrials, e,juipment or any other kind of pZrconal property in tl-,_ improve;tent of the real property herein provided for shall be paid by the Sulcontramr And ell such taxes are included in the Contract amount. If the Subcontractor is vDz required to ply or obtain A refund in whole or in,part of an%, such tax which was included in the Contras; v;­_-,ou::-? tb-r. in such event, the Contract amount shall be correspondingly dt-creuted. 6. The Contractor shall have tht right from time to tirric to order additions to or from the work or Any o-,hrr rharlpts in the extent and cliatecier of the work that be mrly lricrcs;nry In.perform the wor'', in accordance with the terms of the Construction Con-n-no, tad VA",-out notice to Sureties. Any such charges shrill result in havin., the Contract Amount rdjV_,V-J In an equitable amount based uv--on the unit prices as r*-zablithr-cl in the Sobw-ntr-c-z-or's tie de paymtnt btcn?down a5 ]on,- as such l,trakdown is not, in the opinion of the Cvrjtrac.or, un- bzInnc-zd In as to provide an inequitable adjusttnenr. The Subcontractor aliall rn:kc no cl._nnaca in test vYorL except upon written order of the Contractor, and tht-we orders shall be valid only whzi, viZ,,ncd by the Contractor's representative authorized 'to sign such order. 7. Tht Subcontractor represents to the Contractnr that rill of the work covered by this tub- cwarrct it-till be performed by the Subcontractor with his oven working cnp;t2l, forces and equip- mint rind thfrcforc, the Subcontractor shall not n"iCn this Agrermcrit or enter into Any vCrez- V izn -or' by cc' L 't Pur3uvrit to which any of the vs'or:: contemplated 1,y this Contract shall be don, her ind-_p:nelent contractors or with equipment not solely owned he the Subcontractor. a. T1,.r Subcontractor guarantees that he will complete The -woik and all portions thereof In accordance with the requircr.icrits of this Contract, and that the same v7ill be perfect with mptct to materials and workr-nanthip. 9. The Sul-,fontr?.ctor 2grc:3 to indtmnify and save brimless the Contractor Itgninst all M.% or dais for trznsportation, freipl,.t and express on men, materials, end equipm.crit to and/or from flit job units, and for 211 other incidental expenses in connection with his work Lnd to prepay the transportation charges on all materials, etc., shipped. Location pLnceincrit of mr.terin) will bz de-,iSnzted by the Contractor's Project Mtnager. No movetntnt% of flatrtigl 'Pill bt required of Subcontractors not furnishing materials except within And between tl-,e site and storage tress. lo. The Subcontractor shall provide It his coirn expense, in An area desi,,nated by the Con- tractor, whatever storage sheds, work- shops, and offices thnt cre necessary for the performance of this Subcontract, and shall remove same and thorDuZMy clean the premises at the Completion of flee wor'.. 11. (a) Time is of the essence of this Contact. Should the Contractor, throuall a tepre- tentative authorized in d,,-,c, under the prnvisions of c1pune 9, waive any time for perforr.,nnce of Am-ti,inZ requirrd to be done bv the Contract under this Aprrcrncnt, such v;ziver shill 11-c-t to my txtant or in rny rr.-anner whntever be or b.c construed to he A waiver of ilny other or fc-Vrt ti­' for performance of any o!h.!t thing- required to be don-! by the Subcontrlcmr under this Conzic-c-Z. (b) The Su,c--n-rnctor sh.-1; he riven a "nn!ice to r.tocccd­ on the%vorL contracted for herein. such notice tl;nll be in wri!inz aCdrc5t<d in the busin!s; address of the Su,,,contrzctor, and tlic SU-1)-ort'r:'C"Or shrill proc-0 to (!r, the %kork %i-ithin (1) days of the sending of said nc..*ice slid conjpleictl according in Ole schedule wahlished Ly the Project Mnnagtr of the Conttzctor- 12. T},? Sul,,crntr.cfnr arrees in pm-krcutc his work, and the several parts thereof It such tiers end in such order as the Cnntrar!rlt ron,irltrs necessary to keep the same sufficiti-MV in Advance of the other girt, of the huiidir;: anti in -%vc.;d triv rlel.iv in the cornpltion of the 11vt or darn_;1 v n COT)- structivri Is a whole. The -ruhz­rt-3,-tnr .hall rtinibuTsr the ('nutractni for I rnL,7C il'ClLzdcl bit not Tf-fricccd to env d-_rn.,r;,s v.h:ch r.-.x% become 6ur the owner under the Coniruc- tion Crntr-.,-t, en:I ears rtjocn-­ paid or inrurrej by Comr;ctor v:hich is due to (P.) S'A'- c,.ntrzc,zor's f,,j1jurc to t!eliver any itiLl all materials ano.'or supply furnish equip mastor C.Zt-ViT-;, etc., is rtnuired herein., sod/or (h) Oil,ire to properly perforn, Any ins CII work in ke-zoiv willi lbc P-­1-1'!i!s5 Of ll"! con-,:ruction viorV. and/or (C) to pron:tly perform any ter;,, covenant or conditinn ccntzinizi in Otis Subcontract. If the Subcontractor fpjJ3 or t-zfk.:3_a to pro--red Y.,ifh his iknrV AS diTtCtd by the Contractor or fails to perform %:id %7crlc in ric-ord-ncf- hcrev.-ith, in who!e or in part, or fails to perform 3n% term, covenant or irzinditicri cortniincri in this Subcnntrocl. the Contr3cer,r may, at ('s­ntr.,ctnr's option, upoll tWo (2) days viritun nrj,'irc in 1hr Subco-rzon,'s 12-,t knnv%n t(!dfe%-. tile env step, Conitartor dcer;,.,j Mdyirnbl.: to t.--curc any labor ant!/or mairriolsi equipment, %rrvitrs, etc., aili:l may (Ar over Ol Of else Szib;.,)ntri:zlor's e(juijimcni. rintrrial,t, etc„ and proiccuic thr %v'or it, coalploinn. In car: U the Contractorttlr jnreE,,_;i::7 ptccrdure necessary, all moniesexptn&d arl'i all of tl',! Lndl e;:tra expen;'i O.-M he deducted from the (onlrect 1-rirc herein stated, Ime If %,iti, anijl losses, di-.rnn-:a and exert exprP.5es, exceed the ar'Inuril v'hzrt--?h,e due to fl.e Subci;r)tvcror hereunder, ll;e Su"nstrarl"r &.`,feet to pay to the Contractor oil d.m,.nd 11-t full 2-ount of ju.-,j 1 excess to L--?,h:r with interest thereon m the rate of six per cent until p:t:J,. Vta :hall13. be Iffmilinte-d for jj-,r cnnvenlenCt of if the C(mirrortion Contfect It is i;:,rtCLJ that own;' Pr::Ir to der Of 1`t Cnntrfct, of should the 1,r notified ill 1:1^1 toij Contract is jerj-.,.ini.ied by 0:- (*,nI1rrI^T. jhrfe '11.111 ht. 11., (Llirn k1r."I lloe C(,r­,ir.-.rin- or env other firm or iodl-idunl for other than O,mc on i1ir proizcr tlt_ ev P lwnt-t, AvAlo-, the Conifacinr. Arid ui5leri�lj supplied In the project site as :c.?d by th 1 Tract 6730 CENE►, 1 PROVISIONS TO THEe SUgBCOi _ . RACT FOR • r715�:.+?., .����� L-k�.� .adxi�:e 3 Jba`9�o 0 1153 f _ 1 1 y� .a • .ti sa r�p J�.i tw'L.:`'1 tJ��t�v.:�y �.' d S• .1.>t-�`°I�V+.71r 1. Contract Documents subcontract are to be new and of the most suitable grade of their respei- The contrart documents referred to in Section 1 of the Additional tive kinds for the purpose, and all workmanship shall he first class. Provisions of Subrnntract shall also include the Construction Contract Where equipment, materials or articles are referred to in spe cif icationi as and the General Provisions attached thereto. The subcontract doeu- ..equal to" any particular standard, the Owner and%or the ('..ntrartvr meats are complementary and what is called for by one shall be deemed shall decide the questions of equality. The Subcontractor shall furnish to to he called i,,r ht all, except in case of conflict between the .Additional the Contractor, for approval, full information concerning the m:,rerials .:r Pros i,ion• of the Suhcnntrart and the General Provisions to the Sub- articles which he contemplates inrorporatin4 in the %­rk tiarnples .J contract, the Additional Provisions of the Subcontract shall govern. materials shall he submitted for approval when so directed, and materials 2. Contract Drawings used shall conform to.approved samples. Machinery, equipment, mare- The contract drawings are, in part, diagrammatic and show the rials and articles installed or used without such approval, shall hr at general arrangements of ducts, piping and v%ork of other mechanical the risk of subsequent rejection. The Contractor may, in writing, require trades. lhr Subcontractor shall have a competent superintendent on the Subcontractor to remove from the work such employer, as the the i,•b site to coordinate all field work prior to installation and/or Contractor deems incompetent, careless, insubordinate or otherwise ob- suhmi—ion of field or shop drawings for approval. jeetionahle, or whose continued employment on the work is deemed by 3. Verification of Measurements, Drawings, and Specifications the Contractor to he contrary to his or the public interest. 12. Warranties Iniurmatinn regarding the site of the work given in drawin gs and a. The Subcontractor shall at the request of, and in a manner accept- specifications is helieved to be reasonably correct, but the Contractor able to the Contractor, correct anv defects in workmanship or materials does not warrant either the completeness or accuracy of such informa- which appear tyithin a period of one (1) year from the date of final tion, and it is the responsibility of the Subcontractor to verify all such acceptance by the Owner. information, indrpendently, and to make such .other examination of the site as shall reasonably be necessary to satisfy himself of the condi- b. Except as otherwise expressly provided in this rnntract the Suhcn:i- tions to be encountered during construction. In any case of discrepancy, tractor warrants all mechanical and electrical equipment to be free from either in the figures, in the drawings, or in the specifications, the matter defects of design, material and workmanship for a period of one year shall he promptly submitted to the Contractor, who shall promptly make from date of acceptance thereof; and the Subcontractor, promptly after a determination in writing. Any adjustment by the Subcontractor with- receipt of notice, shall make good at his expense, all defects developing out such determination, shall be at his own risk and expense. Omissions during such period. from the drawings or specifications or a misdescription of details of c. The remedies provided for in this clause shall not be restrictive bur work, which are manifestly necessary to carry out the intent of the shall be cumulative and in addition to all other remedies of the Contra,- drawings and specifications, or which arc customarily performed, shall for in respect to latent defects or fraud; provided, however, that the nor relieve the Subcontractor from performing such omitted or mis- maturing of any right hereunder,.after final payment has been made to described details of work, but they shall be performed as if fully and the Contractor and then to the Subcontractor, shall be directly disposed correctly set forth and described in the drawings and specifications. The of by Subcontractor without the necessity of notice to other parties.. Subcontractor shall check all drawings and specifications furnished him d. If the Contractor deems it expedient to correct work not performeJ immediately upon their receipt, and shall promptly notify the Contractor in accordance with this Subcontract, an equitable deduction from the Of any discrepancies. The Subcontractor shall compare all drawings and Subcontract price shall be made therefor. verify the figures before laying out the work, and will be responsible 13. Patents for anv errors which might have been avoided thereby. When measure- ments are affected bs- conditions already established, the Subcontractor The Subcontractor shall hold and save the Contractor harmless from shall take measurements notwithstanding the giving of scale or figure any liability including costs and expense including reasonable attorneys dimensions in the drawings. Deviations from the drawings and the fee for or an account of any patented or unpatented invention, article dimensions therein given, whether or not an error is believed to exist, or appliance manufactured or used in the performance of this suhcon- shall he made onh• at the written authority as obtained from the tract, including their use by the Owner. Contractor. 14. Inspection Examination and Testing 4. Lines and Grades a. Except as otherwise provided herein, all material and tsn.k.r.7' It shall be the responsibility of the Subcontractor to lav out all lines ship, if not otherwise designated by the specifications, shall he SU'ViC't and grades required for the work in this -ubcotttract in accordance with inspection, :xamination and test by the Contractor at any and all tin.,- the property survey in applicable drawings from bench marks which during manufacture and/or construction and at any and all places whe-. have been established on and adjacent to the site as shown on the such manufacturing and/or construction are carried on. The Ccntract:,r drawings; bench marks shall be preserved during the construction shall have the right to reject defective material and workmanship cr period and supplemental monuments and bench .marks shall be estab- require its correction. Rejected workmanship shall be satisfactorily ccr- lished by the Subcontractor to provide necessary horizontal and vertical rested and rejected material shall be satisfactorily replaced with proper control throughout construction. material, without charge therefore, and the Subcontractor shall promptly 5. Fitting and Coordination of Worts segregate and remove rejected material from the premises. If the Sub- The Subcontractor shall do all the cutting, fitting or patching of his contractor fails to proceed at once with replacement of rejected material work that may be required to make .his several parts come together and/or the correction of defective workmanship, such failure may be properly, and fit to receive or be received by work of other Subcontrac- treated as a'default. tors, shown upon or reasonably implied by the plans and specifications b. The Subcontractor shall furnish promptly,without additionai charge, for the completed structure. Any cost caused by defective or ill-timed all reasonable facilities, labor and materials necessary for the safe and work shall be borne by the party responsible ,therefor. It is further convenient inspection and tests that may be required by the Contractor. agreed that the Subcontractor shall not endanger any wprk by cutting, All inspection and tests by the Contractor shall be performed in such digging or otherwise, and shall not cut or alter the work of any other manner as not to unnecessarily delay the work. Special, full-size and Subcontractor, except with the written consent of the Contractor. performance tests shall be as described in the specifications. The Sub- 6. Mutual Responoibilities of Subcontracts contractor shall be charged with any additional cost of inspection when. It is the further responsibility of the Subcontractor to correctly measure material and workmanship are not ready at the time inspection is :c- and'properly fit his work under this subcontract, and to properly coor- quested by the Owner and/or the Contractor, or which require additional dinate his work with other trades. In order to prevent duplication of inspection and tests due to inferior or improper material and work- errors, the Subcontractor is not to operate from or use as a basis errots manship. made by other Subcontractors. Inconsistencies or errors are to be imme- c. Inspection of materials and finished articles to be incorporated in diately reported to the Contractor by the Subcontractor making the dis- the work at the site shall be made at the place of production, manufacture .eovery, in writing. Where specific branches of the work are affected by or shipment whenever desired by the Owner and/or the Contractor. other branches of the work, those Subcontractors concerned must confer The inspection of material and workmanship for final acceptance as a and exchange drawings or measurements as may be necessary to insure whole or in part shall be made at the site. Nothing contained in this complete coordination of the work in its entirety as contemplated by the paragraph shall in any way restrict the rights of the Contractor under plans and specifications. In the event of dispute, the decision of the any warranty or guarantee of material or workmanship. Owner and/or the Contractor shall be final. IS. Transportation Costs 7. Additional Instructions The subcontract amount includes all transportation costs, etc., appli,- The Contractor, in his discretion, may furnish additional instructions able to the work covered by this subcontract and it is hereby agreed that by means. of drawings or as otherwise necessary for the proper execution there will be no escalator adjustment covering wages applicable to this of the work. subcontract. 8. Communications 16. Licenses and Permits A bulletin board will be erected in or around the Field Office of the The Subcontractor agrees to give all requisite notices to the proper Contractor and the Subcontractor or his representative will be required authorities, obtain all official inspections, permits, certificates, and to check this hoard daily for information directly or indirectly affecting licenses made necessary by the work in his charge, ind pay all proper his work. Information posted on the bulletin board will be considered and legal fees for the same and all such costs are included in the amount as information passed directly to the Subcontractor or his authorized shown in Paragraph 3 of the Subcontract. representative. 17. Deliveries of Equipment or Material 9. Supervision . All dCliveries of equipment or material by the Subcontractor or his The Subcontractor shall give his personal superintendence to the work agents or vendors shall be made direct to the units by prepaid freight. or have a Competent foreman or superintendent, satisfactory to the Con- The handling, unloading and safe storage of said materials will be the tractor, on the job at all times during progress, with authority to act responsibility of the Subcontractor. Should materials be delivered after for him. working hours iu the absence of a representative of the Subcontractor, 10. Job Meetings the Contractor may cooperate in the unloading of said materials, with It is the responsibility of the Subcontractor to have a representative the understanding, however, that the Contractor is not responsible for present for all job meetings when called by the Owner or the Con- any shortage in delivery, and, further, the Contractor shall be paid for tractor. - his services, 11. Materials and Labor Standards 18. Storage Facilities Unless otherwise specifically provided for In the specifications, all a, The Subcontractor shall ,tore his materials within such locations -is equi�me t, materials and articles incorporated in the work covered by this approved by the Contractor. The Subcontractor shall hold and save the pa'1�,c. O is ..L. s � Tract 673c- 31. The work contained or described in this subcontract agreement includes all the work of this type "and trade classification ( 'f .`4`,7.,. n , � •w.r ) of the total work to be performed in compliance with the requirements and provisions of all addendas, amend- meets, and changes , whether stipulated in the Specifica- tions or in other sections of the Plans, and includes all work ordinarily and usually performed as a part of the work covered by this subcontract or usually performed by a subcontractor doing work of this trade classification and/or work required to be performed by the employment trades used by the subcontractor and pursuant to the authority of any union jurisdiction rules or customes. 32. CUSTOMER COMPLAINT SERVICING - All customer omplaints shall be completed within seven (7) days receipt of the compl��nt with the exception of plum ing, heating and electric-a . which will be completecy immediately upon notice of the corp_laint. Heating electrical and plumb- ing shall be requirb,< to have 'yemergency telephone number for night calls. It s the responsibility of the subcontractor to obtain signature of the customer after the complaint ha een ompleted to their satis- faction. The signe ork sheet hould be mailed back to our Customer S Tvice office ate If any complaint is not satisfactori serviced within the speci''f�' ed time, Kaufman and-Broad shall take the necessary,steps to complete said complaint and charge back to thc,,,�artic- ular subcontractor unless subcontractor can prove,."that thej complaint could not be taken care of due to the resident not being home or any other reasonable expla- ,na:t,3 a � CPntrbctor Subcontractor Title DATE: Page 5 of Z EXHIBIT A Continuation. of Contract Between Derby Land Co. & Saddleback Pipeline Inc. Al . a. This is a lump sum contract for a turn-key job installation complete of storm drain system for Tract 6730 on-tract and also off-tract. There shall be no extras other than those shown on Exhibit B under title "Alternates" . b. Subcontractor_ has fully satisfied himself thoroughly with his own investigations of all site and other conditions that may be encountered in said work to do this under a lump sum turn-key basis and he has included"'the price attached in all job costs that are known or anticipated with exception of alternates . Should changes be made or alternates be required by Governmental agencies or contractor , work to be done as stated in first paragraph of item 3a on page 1 of of contract . A2 . a. Labor and material payment bond in the amount of 100% of the Contract, and Contract Bond-Performance in the amount of 100% of this contract on forms acceptable to Contractor_ shall be furnished by Subcontractor and Subcontractor agrees to pay premiums cost of same ; however, Contractor shall pay Sub- contractor for premiums of said bond but not to exceed 1% of lump sum contract price. A3 . a. Subcontractor under penalty of bonds attached hereto and made a part hereof shall furnish all necessary labor, equipment , tools , and materials to do a. complete installation and to included but not limited to trenching, laying of pipe., furnish power and water, construction of all appurten- ances , rock base, backfilling, flooding , compaction and tests , installation of sand backfill in lieu of sand slurry at Brookhurst corssing (per letter from City of Huntington Beach dated April 21, 1969) repaving of pavements pf & repave Brookhurst crossing, raising/lowering of manholes , pumping of water where required , provide safety precautions such as barricades , warning lights , flag men, shoring and all else required for a complete turn-key job. A4. a. Subcontractor shall obtain off-tract storm drain pipe from Hydro Conduit through and under an Assignment of Purchase Order No. 8187 as covered by Assignment of Purchase Order dated April 22 , 1.969 and executed by all parties concerned . Payment for this pipe shall be made in the form of joint checks to Subcontractor and Seller of pipe after installa- tion. Assignment of Purchase Order No . 8187 shall be an integral part of this contract . DERBY LAND COMPANY SADDLEBACK PIPELINE, INC. Date : rv, \ �%`1 Date : Page, 6 0 f _7 �,ontinuation of Contract Between Derby Land .Co. & Saddleback: Pipeline, Inc. B1. • a. The lump sum contract price of Eighty-three thousand , Five hundred and fifty one dollars and twenty-two cents without alternates is as follows : 61' Storm Drainage System Tract 6730 - OLf tract $59 , 096 . 02 Storm Drainage System Tract 6730 - Off-tract . . . . 24 ,455. 20 Total . . . . . . $83 , 551 . 22 B2 . a. The following items and prices shown are for invoicing, additions and deletion purposes only and is not predicated against the above lump sum contract price. TRACT 6730 - Off-Tract* Description Unit Price 1. 60" R. C. P. $ 70.49 Per L.F. 2 . 54" R. C. P. 33 . 26 Per L. F. 3 . 48" R. C. P. 28. 82 Per L. F. 4. 42" R. C. P. w/bell coupling 32 . 25 Per L.F. 5. Manholes per St . Plan 307 950. 00 Each 6. Sand back in lieu of slurry & 5,500. 00 Lump Sum hauling away material Prices shown for all off-tract R. C. P. include costs of pipe and taxes as shown on Assignment of Purchase Order No . 8187 . TRACT 6730 - On-Tract Description Unit Price 1. 36" R. C.P. $ 16. 35 Per L.F. 2 . 33" R. C. P. 15. 70 Per L. F. 3 . 27" R. C. P. 13 . 75 Per L. F. 4. 24" R. C. P. 12 . 85 Per L.F. 5. 18" R. C. P. 010. 85 Per L. F. 6. Manhole per St . Plan 307 950. 00 Each 7 . Catch Basin including local 890. 00 Each depression 4' W. 8 . Catch Basin including local 950. 00 Each depression VW. ` �•�L�� , 4 B3 . a. In all of the above...ock. bad bedding is included as required by Governmental Agencies . Not _included is complete rock encase- ment of pipe from base rock to 4" minimum above top of pipe. { 1 This rock if required is covered under alternates , item B4pa. �b~.Als'o� o�tF inclucied,y�is,,removal ro�f'+dirt �generatedLbythei2ikstallat�ion`Yl�k y of R. C. P. and appurtenances along that portion of Atlanta Avenue , which will be removed by others , however this dirt shall be left in a neat and orderly fashion as directed . This ho,-7ever is not r r,� applicable to dirt and paving removed from Brookhurst Avenue crossing. All dirt from trench shall be removed and deposited in a neat and orderly manner on a school site adjacent to Tract 6730, however paving is to be removed and clumped elsewhere. Removal and disposal of aforementioned and repaving is included in Lump Sum Contract price B4. a.-AL TERNNFES Rock base to completely encase Off-tract R. C. P. - $9 . 00 per lineal foot of trench and pipe . ;�• Rock ba se to cornpletel.y encase .On-tract R. C. P. - $5. 00 l)er linen. foot of trench <uul pipe, . _ DERBY LAND COMPANY SADDLEBACK PIPELINE., INC. _ l_r;\ Vendor # This Agreeroent-rs�:de, and eztend into this -' day of �Ll<•u: L !9 `;� by :end between JluaS'iL� UUI i , 1 ,,, =Hereafter called the Contractor, and_ ?:_-t's i�.L.i ,l+�_i hereinafter called the Subcontractor --- whose business address i. +.'2 3 t s _ (1) WITNESSETH: _ WHEREAS, THE CONTRACTOR HAS ENTERED INTO A CONTRACT WITH_ HEREINAFTER CALLED THE OWNER FOR THE CONSTRUCTION OF AT IN ACCORDANCE WITH ALL f ERMS, COVENANTS AND CONSTRUCTION CONTRACT BETWEEN THE OWNER AND THE CONTRACTOR, AND WHEREAS, complete plans,specifications, and drawings have been prepared by the Contractor and the architect for the Contractor, and WHEREAS said plans, specifications, and drawings have been approved and purchased by the Owner and WHEREAS, the contract documents have been prepared by the Owner, and WHEREAS, the Subcontractor has signified his willingness to perform the work and furnish all necessary labor, m:,terials, r,lurpmrnt. services. and supplies for a complete job of __- TOGETHER WITH ALL INCIDENTAL WORK THERETO. NOV,', THEREFORE, IT 1S AGREED, between the parties in consideration of the mutual agreements herein ,u follows: 1. The Subcontractor, to the entire satisfaction and approval of the 3e. In the event that the Subcontractor fails to pay and discharge Contractor and Owner or their authorized representatives and/or assigns, when due any hills of :any kind or nature incurred by the Snhc ontr:actoi agrees to furnish all labor, materials, tools, necessary equipment and in fulfillment of this Contract, or if at any time there .hall-he anv temporary protection, and to perform all work or services described in evidence of any licn•or any claim against the Contractor a. a result of Paragraph 2 hereof, in strict accordance with the Construction Contract the Subcontractors operations, the Contractor shall hove the nght to and its general provisions, this contract and its general provisions and retain out of any payment herein due or any payment to become due with the Contract plans, drawings, specifications and addenda thereto. an amount sufficient for the Contractor to com letely indemnify the 2. The Contractor and the Subcontractor agree that the work to be Contractor against any such lien or claim inclpuding attorney'% fees performed by the Subcontractor.is as follows: incurred by reason thereof. A COi�;?LCLu_ j0?� O .<'.C^ _1^�;? G. r1^�CSSa:!=3f.' No payment made under this Contract shall he rn de ndusivr evi- nce of the performance of this Contract, either %,•holly or an Art, to com!`l jr <<7] �'1 1 e _erui1"C'Tentc of �=:,/ and no payment including final payment shall be construed to be an (� VA,` fiYjx a9 city O� .'U?-1.t2.tl'?tC�11 DC�.r,�k;.y Ta�,r"t.i1^� c:iCCaptance of defective or unsatlsfactoryworkman.shipandiormatrrials. r r�- �, y f. ,s tr 3g. The Subcontractor agrees that monies received for the perform- S =EC1:_icatZO^:.`,' S £'- rECt� . i _ r?leC4i ance of this Contract shall be used primarily for labor and materials Superintendent. T lyds e. it include but 'w .entering into this work and said monies shall not be diverted to satisfy 1'iOt necessarily be 1?*11:�'Cl ' O 4 .00e -tE'T1S obligations of the Subcontractor on other contracts. 4. In the event that any provision thereunder shall be held invalid �':'O'" and any court of competent jurisdiction, the remainder of this agreement liutCd under t !'E`.SCr1Ut1o11 oL i; shall not be affected thereby. 'Coordinating, In -ructions on the 5. For convenience to Subcontractor referred to herein as an indi. attached Sil.eet. vidual, the word "he" shall, as the sense may require, he construed to mean "she," "it" and "them" and the word "his" shall be construed to mean "hers," "its" and "theirs." 8. The signature of any person to this agreement shall be deemed a- personal warranty by that person that he has the power and the authority to bind any corporation, co-partnership or any other business entity for whom he purports to act. 3a. In consideration whereof and for the full and faithful perform- 7. The Subcontractor agrees that he personally guarantees the ance of his work, the Contractor agrees to pay the Subcontractor in faithful and complete performance of all the terms and conditions of accordance with the attached Schedule of Buildings attached hereto this Contract and the general provisions hereto attached. and made a part hereof, subject to additions and deductions for 8. The parties agree that all of the provisions of the Contract, the Changes as may be agreed upon in writing, signed by both parties, pro- Additional Provisions and the General Provisions are conditions of the vided that no payments are to be made unless the Subcontractor's rate Contract, and that breach of any of these provisions by the Subcon- of progress, work done and materials furnished are satisfactory to the tractor shall create the right in the Contractor to terminate the Contract Contractor as herein agreed upon. Payments are to be made as follows: without incurring any liability except for the value of the work per- 9Jr% O% wfiVOiCES '"O' !`' �� ' L'. iiCillltJormed and materials furnished on the site by the Subcontractor prior r s J _ r r�s to the deli to the Subcontractor of written notice of the termination. ted 2'� t OVC� b'r �r0"t'Ct 5�'-'?t. ,_,,r all Nothing herein shall be construed as in any manner restncting or ,7ork cog" ,� sL`.. ?: �n c' '� 0;= t�e limiting any rights and remedies of any party on breach of this Agree- r j r -rs y^,x Z * J d rt10ll:h `'7.cr_'-t:E , 1:+`!.`_' _i?" 'J7_C°� �`'�_E!_ry Ear '..'; ,rt_e-^_el�r£ment by the other, and the remedy provide in this clause shall be in ��11 ..- is`! :�: ? ) A. jr i i sj.11 1,'., :+:;,L C i O i addition to all others provided by this Agreement or by law. t11Gs n_CiiL�1y x3ld iOr all 70 '« CC.:-:�.LC 4V� by 9. No oral statement of any person whomsoever shall in any manner r:�, a t-1 f F_� or degree modify or otherwise affect the terms of this Contract. It is the .�_G;,._J ��. tCTe ,iionth -L1Q 1:r1e v+�1CC; agreed that nothing done by the Contractor in the performance of its rece;Lve 1 ,TQy 1"t0 1.:: ^5.r "1 ;1 tilt. 1 ;L_l Os the obligations hereunder or In directing performance by the Subcontractor rinonta., ill ? .Jr a11U j 0z '::0ac,c S`C :.`;eS C.ONI— shall be construed in any manner or to any extent whatever as a waiver }-Let Cci her a--i-LL b"J !�'�_1 CJ rlO1Tt_1 Pn!�D� e by the Contractor of any default in a failure of performance of the terms - jy 2 Liti� i_ t�0 -, fi n lh�- `7 t'-Z o := �Ont1T` and conditions of this Agreement by the Contract. It is agreed that no i;�, t Y �� i ' �/ person has or shall hereinafter have any power or authority to waive, Payable Utr t._� o= D1` o:':'�._.;- m o, tx. :�,a 1 _ modify, alter or rescind any provision of this Agreement for the Con- es ` ' ' :_foal �'�'ir°r ti 3 I � �T i' trsMor except the person or persons whose names are affixed to this Con- retention��ion �.'fa,.a�.�i ,� nt Will bu ,:)aJ.d o11 I.S t `"i on y _ate �d'_115:,ontract as contracting representatives of the Contractor and except 3 C�?raj G:, n:;:'- 11• " t^_`� C�' :c7 ? t t"1"i_01.1 :a i Y further, such persons as are authorized by the President or Secretary �r �-y . lil': Lai"3i.1 :i ei per u`.:i3t of the Contractor, in writing, to agree to such waiver, modification, 3b. The Subcontractor shall provide the Contractor with assurance alterations or rescission and in the case of these latter persons, their that he will provide service durins the extent of the warranty. This authority shall be strictly limited to the terms of the writing. can be In the form of a cash retention or a bond in an amount agreed 10. It is hereby expressly understood and agreed between the parties upon by both partes. that in the event a dispute should arise as to the performance of the 3c. Regardless of the terms of payment provided for herein the obUgations of the parties pursuant to this Agreement, that the parties Contractor shall not be required to make any payments to the Sub- will adjudicate any such dispute in the Courts of the State of ciontraa:tor that would leave a balance due Subcontractor insufEcieut to com the retained percentage plus an amount sufficient to satisfy all Calif and the parties agree that each will accept service of process obLBations of the Subcontractor for labor, utaterfals, equipment, serv- fm, etc., furnished or to be furnished by the Subcontractor hereunder. outside of the State of Calif ornia with the same force and Peynwmt for an work not covered try Lhia Contract will not be made effect as If such process had been served within the State of unlen covered by an order shred by the Contractors Project Manager r" any such order must be obtained *:dim to the start cf such work Calif. and each of the parties age that the Courts of the oat covered by this Connect. If an ceder is not so obtained, no pay- wimrts will be made for any work not covered.by this Contract. State of Cal if Orn is sha11 have in personam jurisdiction over 3d. The Subcontractor atrem, as a eonaftiara precedent to receiving the parties in connection with this Agreement of any litigation which any payments, that he will varnish tfa Contractor satisfactory releases may arise as a result hereof. waalvm of lieu,of rdavits,and such furth;ar evidence as may be requ—ftQ 11. THE PROVISIONS SET FORTH ON THE REVERSE SIDE by the Contractor that all labor, mo6erials, egtaipment, services etc. HEREOF AND IN THE GENERAL AND SPECIAL PROVISIONS and in connecdcm with or incorporated in said work have been paid _ATTACHED HERETO ARE HEREBY INCORPORATED INTO far in frill. / AND MADE A. PART OF TiIIS SUBCONTRACT. IN WITNESS WHEREOF the piartim hereto have executed this Agreement for themselves; their heirs, executors, successors, administra- tom and assipm.on the day and year drat above, written. Dom. t�` T j�4'J 13P��i11 WITNESSED BY: 1-r 7-ST': T'l'-' ''T�I 't.t'T"T ",T. (";0N717 Title AT1 gal ��---�y-----�.---- - -- .'�C' A ..e s.• J r 1 ) 1 T't1e E.aw Dade submitted. t Tract 6730 GENERAL . A®VISIGNS TO THE SUBCGNTRP%ftiT FOR ---- I" ' drDY 1)2--Cr'kNIQAJ, CONTRACTORS C? l � Ctrh Street`- ' mc cartY a sins, California 1. Contract Documents J subcontract are to he new and of the mngt suitable grade of their respe-- The contract documents referred to in Section t of the Additional tive kinds for the purpose, and all workmanship shall he first class. Prmisions of Subcontract shall also include the Construction Contract Where equipment, materials or articles are referred to in .prrifir3rions ag and the General Provisions attached thereto. The subcontract docu- "equal to" any particular standard, the Owner and/or the ( ,ntrartnt, merits are cnmplementary and what is called for by one shall be deerrwd shall decide the questions of equality. The Subcontractor shall furnish to to be ca11,d f,,r b all, except in case of conflict between the Additional the Contractor, for approval, full informarion concerning the m:,rerials •,r Pm,isinn, of the Subcontract and the General Provisions to the Sub- articles which he contemplates incnrpnrating in the %,rl, .f contract, the Additional Provisions of the Subcontract shall govern, materials shall he submitted for approval when so directed, and rnaterlai, 2. Contract Drawings used shall conform to.approved samples. Machinc.v, equipment, mare- The contract drawings are, in part, diagrammatic and show the rials and articles installed or used without such approval, shall hr at general arrangrments of ducts, piping and work of other mechanical the risk of subsequent rejection, The Contractor mav, in writir.4. require trades. The Subcontractor shall have a competent superintendent on the Subcontractor to remove from the work such employrt. 39 t^e the i.•I, site to coordinate all field work prior to installation and/or Contractor deems incompetent, careless, insubordinate or otherwise ob- suhmission of field or shop drawings for approval. jectionahle, or ,chose continued employment on the synrk is dremcd by 3. Verification of Measurements, Drawings, and Specifications the Contractor to he contrary to his or the public interest. 12. Warranties Inturrnation regarding the site of the work given in drawings and a. The Subcontractor shall at the request of, and in a manner accept- specitications is believed to be reasonably correct, but the Contractor able to the Contractor, correct any defects in workmanship or materials does not warrant either the completeness or accuracy of such informa- which appear within a period of one (1) year from the date of final tion, and it is the responsibility of the Subcontractor to verify all such acceptance by the Owner. information, independently, and to make such -other examination of the site as shall reasonably be n-cessary to satisfy himself of the Bondi- b. Except as otherwise expressly provided in this rontr3ct thr Suhcn::- tions to be encountered during construction. In any case of discrepancy, tractor warrants all mechanical and electrical equipment in be free frn:n either in the figures, in the drawings, or in the specifications, the matter defects of design, material and workmanship for a period of r.ne year shall he promptly submitted to the Contractor, who shall promptly make from date of acceptance thereof; and the Subcontractor, promptly after a determination in writing. Any adjustment by the Subcontractor with- receipt of notice, shall make good at his expense, all defects developing out such determination, shall be at his own risk and expense. Omissions during such period. from the drawings or specifications or a misdescription of details of e. The remedies provided for in this clause shall not be restrictive hur work, which are manifestly necessary to carry out the intent of the shall be cumulative and in addition to all other remedies of the Contrar- draw'ings and specifications, or which are customarily performed, shall for in respect to latent defects or fraud; provided, however, that the not relieve the Subcontractor from performing such omitted or mis- maturing of any right hereunder, after final payment has been made to described details of work, but they shall be performed as if fully and the Contractor and then to the Subcontractor, shall be directiy disposrd correctly set forth and described in the drawings and specifications. The of by Subcontractor without the necessity of notice to other parties. Subcontractor shall check all drawings and specifications furnished him d. If the Contractor deems it expedient to correct work not performer immediately upon their receipt, and shall promptly notify the Contractor in accordance with this Subcontract, an equitable deduction f-am the of any discrepancies. The Subcontractor shall compare ail drawings and Subcontract price shall be made therefor. verify the figures before laving out the work, and will be responsible 13. Patents for any errors which might have been avoided thereby. When measure- ments are affected by conditions already established, the Subcontractor The Subcontractor shall hold and save the Contractor harmless frnrn shall take measurements notwithstanding the giving of scale or figure any liability including costs and expense including reasonabie artorney's dimensions in the drawings. Deviations from the drawings and the fee for or on account of any patented or unpatented invention, artic'e dimensions therein given, whether or not an error is believed to exist, or appliance manufactured or used in the performance of this subcnn. shall be made only at the written authority as obtained from the tract, including their use by the 'Owner. Contractor. 14. Inspection Examination and Testing 4. Lines and Grades a. Except as otherwise provided herein, all material and It shall be the responsibility of the Subcontractor to lay out all lines ship, if not otherwise designated by the specifications, shall he subit•,t and grades required for the work in this subcontract in accordance with inspection, yxamination and test by the Contractor at any and all rim,- the property survey in applicable drawings from bench marks which during manufacture and/or construction and at any and all alaces ;;her. have been established on and adjacent to the site as shown on the such manufacturing and/or construction are carried on. The Ccnt-act:t drawings; bench marks shall be preserved during the construction shall have the right to reject defective material and workmanship cr period and supplemental monuments and bench marks shall be estab- require its correction. Rejected workmanship shall be satisfact.nniN c:-- lished by the Subcontractor to provide necessary horizontal and vertical rested and rejected material shall be satisfactorily replaced with grope- control throughout construction. material, without charge therefore, and the Subcontractor shall p-cmptl* 5. Fitting and Coordination of Work segregate and remove rejected material from the premises. If the. Sub- The Subcontractor shall do all the cutting, fitting or patching of his contractor fails to proceed at once with replacement of reiccted material work that may be required to make his several parts come together and/or the correction of defective workmanship, such failure may to properly, and fit to receive or be received by work of other Subcontrac- treated as a,default. tors, shown upon or reasonably implied by the plans and specifications b. The Subcontractor shall furnish promptly,without additional charge. for the completed structure. Any cost caused by defective or ill-timed all reasonable facilities, labor and materials necessary for the safe and work shall be borne by the party responsible therefor. It is further convenient inspection and tests that may be required by the Contractor. agreed that the Subcontractor shall not endanger any wprk by cutting, All inspection and tests by the Contractor shall be performed in such digging or otherwise, and shall not cut or alter the work of any other manner as not to unnecessarily delay the work. Special, full-size and Subcontractor, except with the written consent of the Contractor. performance tests shall be as described in the specifications. The Sub- 6. Mutual Responsibilities of Subcontracts contractor shall be charged with any additional cost of inspection when It is the further responsibility of the Subcontractor to correctly measure material and workmanship are not ready at the time inspection is re- and 'properly fit his work under this subcontract, and to properly coor- quested by the Owner and/or the Contractor, or which require additional dinate his work with other trades. In order to prevent duplication of inspection and tests due to inferior or improper material and work- errors, the Subcontractor is not to operate from or use as a basis errors manship. made by other Subcontractors. Inconsistencies or errors are to be imme- c. Inspection of materials and finished articles to be incorporated in diately reported to the Contractor by the Subcontractor making the dis- the work at the site shall be made at the place of production, manufacture eovery, in writing. Where specific branches of the work are affected by or shipment whenever desired by the Owner and/or the Contra Cipr. other branches of the work, those Subcontractors concerned must confer The inspection of material and workmanship for final acceptance as a and exchange drawings or measurements as may be necessary to insure whole or in part shall be made at the site. Nothing contained in ibis complete coordination of the work in its entirety as contemplated by the paragraph shall in any way restrict the rights of the Contractor under plans and specifications. In the event of dispute, the decision of the any, warranty or guarantee of material or workmanship. Owner and/or the Contractor shall be final. 15. Transportation Coats 7. Additional Instructions The subcontract amount includes all transportation costs, etc., applic- The Contractor, in his discretion, may furnish additional instructions able to the work covered by this subcontract and it is hereby agreed that by means of drawings or as otherwise necessary for the proper execution there will be no escalator adjustment covering wages applicable to this of the work. subcontract. S. Communications 16. Licenses and Permits A bulletin board will be erected in or around the Field Office of the The Subcontractor agrees to give all requisite notices to the proper Contractor and the Subcontractor or his representative will be required authorities, obtain all official inspections, permits, certificates, and to check this board daily for information directly or indirectly affecting licenses mnde necessary by the work in his charge, and pay all proper his work. Information posted on the bulletin board will be considered and legal fees for the some and all such costs are included in the amount as information passed directly to the Subcontractor or his authorized shown in Paragraph 3 of the Subcontract. representative. 17. Deliveries of Equipment or Material 9. Supervision All dCliverie3 of equipment or material by the Subcontractor or his The Subcontractor shall give his personal superintendence to the work agents or vendors shall be made direct to the units by prepaid freight. er have a competent foreman or superintendent, satisfactory to the Con- The handling, unloading and safe storage of said materialg will he the tractor, on the job at all times during progress, with authority to act responsibility of the Subcontractor. Should materials be delivered after for him. working hours in the absence of a representative of the Suhcuntrartor, 10. Job Meetings the Contractor may cooperpte in the unloading of said materials, with It is the responsibility of the Subcontractor.to have a representative the understanding, however, that the Contractor is not responsible for present for all job meetings when called by the Owner or the Con- any shortage in delivery, and, further, the Contractor shall be paid for tractor. his services. 11. Materials and Labor Standards 16. Storage Facilities Unless otherwise specifically provided for in the specifications, all a. The Subcontractor shall store his materials within such locations is equipment, materials and articles incorporated in the work covered by this approved by the Contractor. The Subcontractor shall hold and save the • SCHEDULE "A" TRACT 6730 1. Subcontractor acknowledges that he has personally investigated all site and other conditions and that he has included within the prices in Exhibit "B" attached all job costs that are known or anticipated. 2 . This contract is predicated on signed plans , any changes on the signed plans will be mutually agreed upon between the parties hereto. All items of work reflected in such change shall be paid for at the unit prices above and multiplied by actual field quantities installed and as approved by the Project Superintendent and Contractor ' s Engineer. 3 . A complete turn key job, as specified herein, includes the restoration of the site as found by the Subcontractor. Backfilling of all trenches and cleaning of affected building pads and/or slopes shall be done in such a manner as to restore them to their ori- ginal grades . Excess dirt shall be spread and leveled within the tract as directed by the Contractor' s Tract Superintendent . 4. Subcontractor under penalty of bonds attached hereto and made a part hereof- shall furnish all labor, materials , tools and equip- ment necessary and do all work required pursuant to this contract , approved construction drawings prepared by R. M. Galloway & Associates and pursuant to the requirements of the City of Huntington Beach and/or County of Orange required for the complete construction o Water System, including but not limited to pipe, structure , excavation backfill, flooding and compaction of trenches , etc . 1\anholes and valve boxes are to be brought to the finish paving grade after paving and also includes asphalt patching in connection herewith. 5 . Payment and Perfbrmance Bonds in the amount of 100% of the centro.ct on forms accept ble to Contractor shall be furnished by the Sub- Contractor and Subcontractor agrees to pay premium cost of same . 5421' Mainline backfill .87 $4,716.27 2800', Service line backfill .76 $2, 128.00. 5421' Mainline backfill bedding only .56 $3,035.76 2800' Service line bedding only .37 `$1,036.00 DERBY LAND COMPANY KENNEDY MECHANICAL CONTRA=:CTORS C� / bDa-te: Date : / � ' � I - " EXHIBIT TRACT 6730 WATER MAIN - OFF TRACT gUANTITY UNIT PRICE TOTAL 1. 12" A. C. Class 150 1,354 Ft . $5.40 $7 ,311 . 60 2 . 12" Gate Valves complete with fittings 1 $380. 00 380. 00 3 . Fire Hydrant complete with fittings 1 $560. 00 560. 00 114. 12" IiOL Tap 1 $890. 00 890. 00 TOTAL $9 ,141. 60 WATER MAIN - ON TRACT 1. 8" A.C. Class 150 1,565 Ft . U . 80 .45 $5, 399 . 25 2. 6" A. C. Class 150 2, 502 Ft. 7 , 005. 60 3 . 8" Gate Valves complete with fittings 3 $180. 00 540 . 00 4. 6" Gate Valves complete with fittings 3 $150. 00 450. 00 5. Fire Hydrant complete with fittings 8 $550. 00 4,400. 00 6. Blow Off 5 $190. 00 950. 00 7. 3/4" Services 106 $67 . 00 7 , 1-02 . 00 8. 3/4" x 5/8" Meters and boxes 106' $51. 00 5,406 . 00 TOTAL $31,252 . 95 Total Lump Sum Price for a full $40 ,394 .45 and complete job. DERBY N'A C0-,,- YENINEDY MECHANICAL CONTRACTORS i4 Date: �ate: �;71 � , OFFICE MEMORANDUM To Jim Palin, Planning Dept._ Date September 18, 1970 From Ted Mullen, Engineering Dept. In Re Reimbursable Costs Park Tract 6651 4 I have checked your figure of 558' as the addition street frontage and am in substantial agreement. I have checked quantities for street work and water improvements and the cost there of as submitted by R. M. Galloway and also agree closely with them as 'to total quantities and unit prices. I understand that the ratio of original street layout quantities to final street layout quantities will be the basis for negotiation. This ratio is 558/970 but for simplicity I suggest "k" (this gives the subdivider "the benefit of the doubt). When the extent of participation, by the developer is agreed upon this participation factor would then be applied to the remaining Water main cost of $4,432.60/2 to allow for the other side of the street $2,216.30 then h of this amount or $1,108.15 would be credited against park fees, part of the remaining h would be paid and credited according to your negotiated agreement. Street costs .allowable for the half street fronting the park'are $9,339.19 of which would be credited or $4,669.60 the remaining $4,669.60 would be split according to your agreement. Sewer costs of subdivider should not be charged as the City never allows these cost in other parks because a park without restrooms has no hookup and the sewer is not benefit to the park. When the final construction costs are agreed upon an allowance of 5% for engineering .should be made and added to the total construction cost. To Summarize: Remaining Amount Participation Total Construction To be Credited to be Split Factor Cost to be Credited Grading $321.50 *6� Cost $10108.15 + $19108.15' x = Street Cost $41669.60 + $49669,60 x = Total Add 5%for Engineering r Remaining Amount Participation Total Construction To be Credited to be Split Factor Cost to be Credited Total Amount to be Credited Excess Dedication $331.56 Drainage Fee on gross Park Acres: 3.167 ac x $1450/ac $4,592.15 Iwo in boss. THOWA6 N.SA KIVLL A A<' V*1L ING0101100 E PLANIOERS LOOMA"D NOWMAL aifIVEVOR9 P.O.MW 11M i4WX#HWT 39ACH.CAI.IV. *XM File *100- October 1, 1970 City of . )gt on Beach P.O. BOX 190 Hcinittn gton Beech, California - Attention:tention: Mr. R. Harlow, Planning Department Mr. H.E: Hartge, 1Ublic Works DWAwtrpent Res Park Dedtcat4onRequired for Trams 6651, a730, 6755 and 15756 As per agmenwt r4mchpd at a rneatvV hold Sep r 96. 1970, &* park dedica#an acreega fair the above listed Tr acts are as fbll s, T!2!!a Na. ftimber orl Required Dodiogtti 1 78 0.7V 6755 97 0.010. $750 62 E�.l Total 3.155 Actual Deditatton 3.147 Excess Dediftt on 0. 12 0.012 0 $07 0WO.00 $391.56 NEWPORT SQACNlCOSTA MESAS LOS ANGELESs SAN F*A?#CISCOi SAN 01EQO® ALTURA$. CALIF OPRCSCOTT, ARIZONA Pile 0 100-5800 October 1, 1970 City cf Huntington Beach Page 2 It was also the understanding of the meeting,that two (2) Tracts, 6651 and 6756, will be recorded at a fixture date. No further park dedication will be required. A summary of pack reimbursable costs utilizing the participation factor agreed upon at the meeting are as follows: Total Coast. To Be Remaining Amount Participation Cost to be Credited to be split Factor Credited Gr!g LIrg, .�_ $ 321 .50 Wster• Cost $1,108.15 ♦ $1 ,108. 15 x 50% = ($ 554.00) 11,60 i23 Street Cast $.4,669.00 + $4,,eW.60 x 50% = ($2334.80) 7,004.40 Total $ 8,g". 13 Add 5% for Engineering $ 449.40. Total Arrgxint to be Credited 94437.53 Excess Dedication $ 331 .56 Drabu ge Fee on Gross Park Acres: 3. 167 ac x $145Q/ac $ 4,592 15 $1.4,, 1.24 Very fly youry R.M. GALL OWAY & ASSOCIATES, INC. W.V. Chaprr�av t Project Engirwer WVCsea t 4p3t 3At fi* MC iD«l M @i aSAlkD}frfi�i.AlT�RAS,GAUF •PYFItIITF.nRfyONA 't E fi 5 d .140 oowo is k .Co' IUD PARK REIMBURSEMENT COST ESTIMATE SUMMARY TRACT 6755 Fite #100-4629, May 11, 1970 Item Unit Quantity Rats Amount 1 . GRADING Excava n C.Y. 643. 0.50 $ 321 .50 TOTAL GRADING $ 321 .50 2. SANITARY SSWERS 8" Dt&. V.0 P-. L.F. 1413.1 3.00 $3,393.00 Standard Me hholes EA. 5 300.00 0.00 TOTAL SANITARY SEWERS $4,8W.00 � 1/'2 Applicable to Park 34 WATER MAIMS_., syp� tt d { g �(�//�� Wt{ A.C.P. L.F. 380 ,'�,.45 $,Ij31.1 .00 6" A.C.P. L.F. 747 2.82 2 € 91 . 0 all G.V. EA. f 180.00 180.00 611 G.V. EA. 2 150: 300.00 Standard Hydre Ats EA. i 55C400 566.00 TOTAL WATER ArIAIP+IS $4 432:-60 1/2 Applicable to Park $2,216.30 4. STREETS 2" A.C o/6"A.B. S . 15,872.'T9 0.277 $4,618.36 611 C&G L.F 961.30 ✓ 1.93 1,953.31_ Sidewalk (4" cone.) S..F. B,047 5 0.38 2,297.90 �^ Cross Gotten (6f° cane) S .F. t?3 567.53 Street Sighs EA, T07-AL STREETS , 0 3 t,A�iR9 i.` VtiR$ . r.'M�£��.�' `it'k�`r9AfiA2S #.G��C-�3.�AtfR1E60mR�f41RA5..CALF sFit�.S~"��i,l;Rt1(3NA !r••otfS:n j+t!vtic.'iy�4 - �+'►ku.te'�Ik¢.�w;s9: �'F Sd6 3dki.. No-part$bioch,Laid 974E+3 File 0100-4629 May 12, 1970 PARK REIMBURSEMENT SUMMARY A. IMPROV MENT COST $ 921 .50 20 Sanitary Sewers :3. Water Mains 2,216'.30 4. Streets ;,,.i:3. B. ENGINEERING' 1. Ei (5) % �� �.� 725. 17 C. EXCESS DEDICATION � $ 331 .56 � 0. DRAINAGE FEE $ 4,s92. 15 TOTAL $20, 15+2.37 j j i�f. b II / R i a" ) y//_A ��e _2 J l//AY/ l�i�,� 10'� f�JL�`3 o- j4 A OFFICE MEMORANDUM To Jim Palin, Planning Dept. Date September 18, 1970 From Ted Mullen, Engineering Dept. In Re Reimbursable Costs Park Tract 6651 I I have checked your figure of 5581 as the addition street frontage and am in substantial agreement. I have checked quantities for street work and water improvements and the cost there *of as submitted by R. M. Galloway and also agree closely with them as to total quantities and unit prices. -- I understand that the ratio of original street layout quantities, to final street layout .quantities will be the basis for negotiation. This ratio is 558./97�0 but for simplici., y I suggest "�" (this gives the subdivider the benefit of the - ./ doubt). When the extent of participation, by the Oeveloper is agreed upon this � .L zJ participation factor would then be applied to the remain3ng,,11�11. Water main cost of $4,432.60/2 to allow for the other side. of the street $21216.30 then � o-f this amount or $1,108.15 would ,be credited against park fees, part of the remaining ; would be paid and credited according to your,. negotiated agreement. Street costs allowable for the half street fronting the park are .$9,,339.19-L--> which would—be credited or $4,669.60 the remaining $4,669.60 wc�u d'be split ,,cording to your agreement. Sewer costs of subdivider should not be chargedlas the City never allows these cost in other parks because a 'par.k without restrooms has no hookup and the sewer is not benefit-to the park. When.,the .final construction costs are agreed upon an allowance of 5% for engineering should be made and added to the total construction cost. To Summarize: Remaining Amount Participation Total Construction To be Credited to be Split Factor Cost to bef Credited Grading . . . . . . . . . . . . ... $321.50 Alk -most $a.9aOn,-15"Vl + $1,108.1.5 x 6Z Street Cost '$4 V669.60 + $4,669.60 xrw f'�°� _ ~ - ! �8 �51,, IS - - 77 j-r-/ Total / Add 5%for. �14?10 -.z Engineering- Remaining Amount Participation Total Constru. tion. To be Credited to be Split Factor Cost to be Credited i Total Amount to be Credited �U �.s2 . f;.�• Sir l �':�-� Excess Dedication . . .. . . . . . . . ;$331.5 Drainage Fee on Gross Park Acires: 3.167 ac x $1450/ac $4,592.15 - i i i . , .ss /80 - i f s xt .. � �'�' ?�} l:'-"�i�` •+y / i.: III �_ � J° ��/ /!���f//%�•'� � /i� /•-•ice 1 6 / � 4� i �A} E'1 q�✓ '. /•is �t� �r4n /., y; T - --. -. _-._._. .. yeti. �..�. ..-..•s.'r..,.,: � �� .THE- CITY` OF HUNTINGTON_ BEACH= Map on File with City Clerk k � � ■ Nk Lo s� b \' i ll kO r ij !•.. �.'1 .?F.. i..'ram! 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Ga •J .S- M;t". 1'' ..... .. -• '.p >� ., u rY ,Y ","?a, _ •.r;e i5, ": .± ,yEit•..;la 4 i'e`ti? r l, .... .y,.,- -_.'. ..1 .r.s...,>aac.�•�?^`ri-ti'tt`a....i.��`.:f.�..�.:____.._ax.�.�.4,i,.�t'-_.k'1w.�i�s�rlls__#.�..�a..`C.•H,s°.:2.tS�4t:r:.�:+3.:.r, a�._ - �S?�+�`�z.7-.-�� s+c,.��.r�._�.)e�,��y:+=.�,��- € { -000 "`� ys�!► .�" •j3 r, I�7 -11 `ray'"•'! • -�.. fT Wit'-..._..{,�....��*-. � � .. :� .� At �J--j -Vol 17 k�S �� Io�rj h_ t�.•4�l f;''r ti, ; AP of .5•�___. Q ..- l .. — a � . .:` ...__ _.._ N4 .. 1 ` -v.. 'Ni3 , 1 gyp' W�-w L • �� � ' ,' {!1 ip'' / 1,:. � ,\`1 . 9 � f (r .01 EE D feo- i v - y ' OFFICE MEMORANDUM To Jim Palin, Planning Dept. JI Date September 18, 1970 �- From Ted Mullen, Engineering Dept. in Re Reimbursable Costs 1 , Park Tract 6651 F I have checked your figure of 558' as the addition street frontage and am in- substantial agreement. :w I have checked quantities for street work and water improvements and the cost there of as submitted by R. M. Galloway and also agree closely with them as to total quantities and unit prices. I understand that the ratio of original street layout quantities to final ' street layout quantities will be the basis For negotiation. _ This ratio is 558/970 but for simplicity I suggest "�" (this gives the subdivider the benefit of the doubt). When the extent of participation, by "the developer is agreed upon this participation factor would then be applied to the remaining IV% Water main .cost of $4,432.60/2 to allow for the other.side of the sfzeet s '' $2,.216.30 then k of. this amount or $1,108.15 would be credited. against:;gark .� fees, part of the remaining would -be .paid and credited .according 'to your .j . negotiated agreement, ` Street costs allowable for the half street fronting the park are $9,339.19 of which , would be credited or $4,669.60 the remaining $4,669.60 would be split according to your agreement. Sewer costs of subdivider should not be charged .as the City never allows these cost in other parks because a park without restrooms has no hookup and the sewer is not benefit to the park. When the final construction costs are agreed upon 'an allowance of 5% for engineering should be made and added to the total construction cost. _ To Summarize: Remaining Amount Participation Total Construction To be Credited to be Split Factor Cost to be Credited Grading ........... .r $321050 'immm�Cos t $1,108.15 + $1,108.15 x Street Cost $4,669.60' . + $4,669.60 x J�U� Total Add 5%for Engineering k I� a Remaining Amount Participation Total Construction To be Credited to be Split Factor Cost to be Credited Total Amount to be Credited Excess Dedication . . . . . . . .. . . . . . . . . . . . . . . . $331.56 Drainage Fee on Gross Park Acres: 3.167 ac x $1450/ac $4,592.15 i ` R.M.Galloway.: ROBERT M.GALLOWAY R.C.E. & Associates Inc. THOMAS H. BARKDULL R.L.S. JOHN K.MANDRELL R.C.E. CIVIL ENGINEERS &PLANNERS LAND AND MINERAL SURVEYORS TEL. (714) 546-3662 P.O.BOX 1995 NEWPORT BEACH, CALIF. 92663 File #100-4629 May 1 1 , 1970 City of Huntington Beach P.O. Box 190 Huntington Beach, California Attention: Mr. Ted Mullen Re: Tracts 6755,6730,6756,6651 - Reimbursements Dear Ted; Enclosed herein please find two (2) copies of the reimbursement map, reimbursement cost and construction contracts for the above mentioned tracts. We would like, after your review, to meet with you and discuss any questions you might have. We desire to complete the reimbursement agreements immediately on tracts 6755 and 6730. Your early reply will be appreciated. Very truly yours, R.M. GALLOWAY & ASSOCIATES, INC. Gerald T. Bryan Project Engineer GTB:jsh Encl. cc: Kaufman & Broad NEWPORT BEACH/COSTA MESA• LOS ANGELES• SAN FRANCISCO• SAN DIEGO• ALTURAS, CALIF•PRESCOTT, ARIZONA O Ze re 7 E.ti/7-A T/VE ? o to'S/ BF'p,�CENi J�►,! 7'Z� lJl��' TRH 7'S ', 7"r lE FpU/Q 7",4?A C T,5 - BRCAe,N /t4 7�0 rW Q !J/�!/7 r, 7"r,4 C 715 6'7_6 C 7 55 RE.A-We�,0 -rO TRA c rs 6T.5lo G4g5/ REFe!{eac no tvc6w*T#4 -H.4i.F. O VER SI E SEN/ER ./E ''D/ f4/of4uAtT -0U5 492 OVER-515 LC WA we E� a i n �` . 4+D•Qi 9z oaf- s 7-6 s'To e A4 LWAft-! (c o TOTAL AMOUN7 E "VA/.[. �'�!°r ' 7i77A'L ,4MtnUNr caF FEES V 5F P0,4I s 3, 8 / c�Ty ru:mac, FS7-1 t-4A—r ' A Mv4lA,,T our .UE✓EZCJPE�Q : /�(6� Ft� Wr y`O 96p / E 5 7-RAC r G756 WEW 14 LR TorAL 2.�L 261 -'- :2 n/oRTN 14AL TD rA L 29, TOLiES iF F'F E S G,A N A,'O T F E CRF4017 eZ )OVA&E 26/41. touNT Sc/B.✓ T 7U ,PsE�EN7-= tL AL 17 7orA4 �..•'! L`/� tij .��T I A"a� r v/�.�l '�I_,��,L�'� "" G.' 4 J✓ `� '�G't/ � 3L •I./1/`r "ma's. '�� / `�'� �-Qt1A L� r���.����-a�c� �N c�sT �� !2�e�3 �4rG �Y�7�• SIC zzv.'a �al4e-5 /rv( CvST" AE7WeZA/ : /2; /VO 7-6 - 0 M 7 "'s i 7-07-,44- S4U7-H HAZ-F ©V67E 5/IV 4 5"EEWH ' rL/n/F AMOUti{T': 17 Tc�T-A 4- 4M0411.47- O/W R �tt�1B' A[.E :4✓.• Id. Lc . ll'r 8/9 �z 7-07-14L M44/1V7' OF 1�.f 54G/7'/-1 qA4,= -a IFS ✓�cvc�St_ ' P�1 AD _ 8 i 7'O7-.AL. AM�vUNT" o� F&465 sdUTN HALF ©4,415 !S-15, 'Z. 1 MdC1n1 T L�lg ZEE'V�LO�E� ,5 ja, wk AO 7 ..� �2 ems' #1 (qoyo) (1610160514 ,ens': . - . i . 4. JR 4, -97eo -70 P ir ........ _.� ,��TMB[1�t?5��1�1�7�;lj" � :���D �• 3? .. ll Ae LF 40* 3 5, n,,fA^IAAne Cz 9.50 2050, 65t7WA ..e s',hr✓v SA CC F/ram.a 5/// `v: .. u �• I70 �! LP IA 6; 75o e , 751 I 30 z:� �= fj ao 'I Ril N -"PI r,,:lr,,4il p'`+�z jo. xn� ... ....... 6;o 'Rz\ for-777 T7.7-77�� 77-7717777U "'A., ol pp xz-a 7,6 Pmr�Z . --I' .09 )01 ,,•�� "/ I � � � � ' � '� �V'.� �i , V �r'e'.• i .t�, _ ,� � , � v l I i � 4 � •• � i ti' i § ' t '.5 ,.. � rc i 'A Y r"' + � � � � v r�)i � i_� Y:• n w ��.7ta.r s's'v,..�'¢'. y r 'tarF Q',. � "�`'c. � �. � yW ��,y ti•.�1+rr i,4. 1, i• sc� r�xf t � '.f �;' 70 ' k � �t "M LY" +{'��' r''' .rs,� �x �"n#" d� ?'>r n �xh` + �fF..h 4.1f�-�'^#S' �• Z. :.. _ `�� .O 4 �' . ray +� �F F � r a-' '�Ya 'P�'I, h �pf' _ �•�..;,...' k r r. og C9 � o c �r 0or•"'!� �;.k t.t}�`�s �Ys �z �A Fat.y'. 4 ( '°Ki j` "1A � y r r( J n S �.r�Z r +� ice( �, �� , � :,s�. t , >& r� r^'`� t 4 f•� r+a,+ ,n . 5 � �*. FYr s�,� zrx ' �� ' -F'. Gf , T M r• ;c P• : x,r "t.�" tfx'� Y�' n Y^3' �+-•'�i �.n r N rfDr v�2'fi��� U,11' — ... s ', r4?.,.� rY .i4' 'l+J, -r 2 •. y� c� �c S7-•1r 4"ti'^'�.k� y � x'.F a rj.•...- �t s '� shy �. ` ,spa 0� , r . - �. .. ... ,.. .:•n v E.. - .':d .. . ... ,.J':..Ff.3+-�.._st.... ... ..,.�e. ... _.-...s.,�.,. .- ..,ezL..V•w, m.:,i'7,�n-... -..._ ...- ^' -- ...- ,..-:.._—. i Please send one executed copy to our office for our files and use. Thank you. Paul L. Farber Ile REIMBURSEMENT AGREEMENT FOR STORM DRAIN CONSTRUCTION THIS AGREEMENT, entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and DERBY LAND COMPANY, hereinafter for convenience referred to as "Builder". WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed storm drain, hereinafter referred to as facilities, to serve Builder's subdivision Tract No. 6730 and adjacent properties in District 7G, and said facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedicated to City, and City desires to reimburse Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $64,207.12 a storm drain and appurtenances to serve Tract 6730 and adjacent properties. (See Exhibit "A" attached hereto and made a part hereof for a map of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total job cost of facilities $649207.12 Less: Refund credited by waiver of fee @ $2,200.00 per acre $459643.40 Tract Acres Amount 6730 20.747 $45,643.40 Net Refundable : $18,563.72 No. ;,;DSO' t No refund shall be made by City to Builder until the Director of Public Works shall certify in writing, to the Finance Director that Builder .is entitled to a refund by reason of connection having been made to facilities in accordance with the Huntington Beach Ordinance Code, and that City has received the fee for such connection. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the drainage fee. However. City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of developers, either individuals or entities. who have previously constructed similar facilities. by the collecting fees, either prior to or concurrent with the development. of any property served by the facility constructed under this agreement. If a developer who develops property served by the facility constructed by Builder is required as a condition of development to construct additional facilities. City may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due Builder by reason of such construction City further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to deposit the drainage fee with the City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with City; and said agreement will further provide that in the event that it becomes necessary to institute legal proceedings. either by the City or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder. that the prevailing party shall be entitled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. -2- t It j .; .. 1 i 1 1 j 'f rf).-: /'^•, � / � 1~R '� "�-}� e }"" •+wL'' '4,:,. 4 � �y : , f E L 1 ` r � l� � ...�.�'� ��t ''�"� ! ,- ., , ,i' _... .t—_,_-.__�_2!� i c� � i}� v-�-,•,f � �¢ yw "` �� mac: s ^'�a"`-�„'- a 1 j 1 �7 �d 1'�"-`4 5 .; t 4fK-n..zy",� „ `a• ,�L i{IjJS� tt I 1 { 9t° i 4h! �F 7 •x ,6. f J f�"�Yr X>n g,T 1 � ._...,....✓ �{ r [ Y 'at F r.,'�'K(J[.Y: i, Y R1 j}r ` I _ .. _ L 5 4 r y -•+ter }} .", t..a_,-i!y.c�`s:,:.,�.,S� ': 'rS :i F.'4-�.r' f F.�. :SS'' �rN. ~f, a L,•:i'w try* is ��+-.rl� :�•H•. ,,.�c.:\ x'•.#" '^,:- :. 4 z •cti f :. y.M. u.y. :'Y5 iw•..+�:.,sw+«.. r.,t'•-.:-e--�,.4. ',� otie ��'�. ' >. :.. .�. ..�4•.,yr. .. �. r � :. ...,'3 ,�) :t ....,' .S, t: y_' .,p. !G^t. :S't't, ,•. ., .. ..•..t. .: .. S, ,7'.,...y,.r, ., :r. ,.... '.W..,, rSFF ..�153 z ha,.+-r•n '} :t s j(, �I 1F'��" "!" / 'q. • fl.i i� i' E..,J.ti.'�v<; .Y' ?�s is ,, � ° ,• (.,. .�f .,.. . ,'. r r.`aa.• .,,J ,. .+,�" ,,,..XnY• '.*,7,•. Rc,4'�r;,..:a�:ri .�-_ �;. ,t,� � ' ..a' "�� - yy s^ l 1.!`•..1 i .7 PWR { 1. 1 Y.- Wf '. :,. .'r",.' :_. ..':'o- Y r ":4 '_•.l `, ,�1. .,..+, r r., .., '. 1'.. �b .}5�.`f.� > r '..t w i. (( - ;y a, •,, !..'f:., � '4 A,.,.., :'`'r '�=. :,,•y' ,�� ,,.3 y r :�tl"^ - .yreiers ny+ F ,Ra:i '�. T'z"'��-t ,f,4 ..w. - '�'L ae�?:=^�rxMF. . J . ...':. t;",,. ,y "w '�t.•. aZ r o; jl n r' i" �yw •.-.i .. t f �r S' 0 ...s. ',>'r*, 'L.Ca�. '�. ) °� a '.y, rx. :L, :s'. s .vz .� ;,,,,.,„,.t 4 ai :r -4 .'�'•s a _ ~.Q t}.z.x •3 �r ...,�, ..y�L.� '•'.[:.. ✓4 r �. T t f' R' .i4 � .t �Y 3 C �� t. ,t' "1. : w ..i it' .:v.. "'1 ,3., .. ..' :r,' „ \I ,.:,4 f ) Lj 5 ti�,a', ,r y:, r '17'a., � `( S if':4 ,t- x � ^'•+-P _ .L z) !a R -yE.s e F�, y. � t" c ;r r.. i •k-, �'rr;l, f'° ,'* ..a!:, •�,. �a<: -,•..,+'._� w'��L-. .;k„ ? `� ' f f.'I.,'•^"'_ �� ^. k: L .r� 1, "r4 .>- ,.�E y` n,. a.? 1.��`�: t' � ',�.'s �" •�'�• r +n ''i r •� L F �. a � 1''. N� �;� v ;yy.' tf - 4R'4"f' y It is understood that the City is not required to institute legal proceedings to protect the interest of the Builder, but may do so, WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this day of 19 CITY OF HUNTINGTON BEACH, a municipal corporation Mayor ATTEST: City Clerk BUILDE DERBY LAN COMPANY APPROVED AS TO FORM -- - by__ TO 449 C (Corporation) O STATE OF CALIFORNIA l COUNTY OF LOS ANGELES } SS. tOn January 29, 1971 before me, the undersigned, a Notary Public in and for said State, personally appeared James A. Hintz w known to me to be the Vice President, and Paul L. Farber w known to me to be Secretary of the corporation that executed the within Instrument, = known to me to be the persons who executed the within aInstrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within ^•L it instrument pursuant to its by-laws or a resolution of its board ..................................... c to P y" �•• pFFICIAL .. of directors. lJ EISN ER CARLENE Q I WI TNESS y and and official se ,_ % �- 1 NOTp PUFILIC C ILIFORNIA NTY Signature �`'ry LOS pauLLES C.OU c:; CARLENE QUEISNER otary Public-Cal. "" :............... COM?M9.EXP.APR.23,1971-LOS ANGELES CO. Name (.Typed or Printed) (This area for official notarial seal) r i REIMBURSEMENT AGREEMENT FIOR STORM DRAIN CONSTRUCTION THIS AGREEMENT, entered into by and between the CITY OF HUNTINGTON BEACH, I a municipal. corporation, hereinafter for convenience referred to as "City", and DERBY LAND COMPANY, hereinafter for! conveni'ence referred to as "Builder". _ :WHEREAS, Builder, pursuant to agreement wilth City has, at his own cost and expense, constructed storm drain, hereinaftler referred to as facilities, to serve Builder's subdivision Tract No. 6730 a'nd adjacent properties in District 7G, and said facilities have been consltructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedicated to City, and City desires to reimburse Builder for a portion of the cost of the construction of said1facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows:! Builder has constructed, at a total cost of $64,207.12 a storm drain and appurtenances to serve Tract 6730 and adjacent properties. (See Exhibit "A" attached hereto and made a part hereof for a ma� of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total job cost of facilities $64,207.12 Less: Refund credited. by waiver of fee @ $2,200.00 per acre $45,643.40 Tract Acres Amount 6730 20.747 $45,643.40 Net Refundable $18,563.72 No. 70-D5 No refund shall be made by City to Builder until the Director of Public Works shall certify in writing, to the Finance Director that Builder is entitled to a refund by reason of connection having been made to facilities in accordance with the Huntington Beach Ordinance Code, and that City has received the fee for such connection. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the drainage fee. However, City agrees from an administrative. legislative or quasi judicial procedure to protect the interest of developers, either individuals or entities. who have previously constructed similar facilities, by the collecting fees, either prior to or concurrent with the development, of any property served by the facility constructed under this agreement. If a developer who develops property served by the facility constructed by Builder is required as a condition of development to construct additional facilities. City may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due Builder by reason of such construction City further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to deposit the drainage .fee with the City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated. not only to the City, but to Builder, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with City: and said agreement will further provide that in the event that it becomes necessary to institute legal proceedings. either by the City or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder. that the prevailing party shall be entitled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. -2- It is understood that the City is not required to institute legal proceedings to protect the interest of the Builder, but may do so. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this day of , 19 CITY OF HUNTINGTON BEACH, a municipal corporation Mayor ATTEST: City Clerk BUILD DERBY AND COMPANY APPROVED AS TO FORM by TO 449 C (Corporation) O STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. On 7anil-gry 99. 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared Tamr+ce A Hintz W known to me to be the yi rp President, and Paul T. Farber W known to me to be Secretary of the corporation that executed the within Instrument, W known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board mof directors ....................................... . ... ,,. ..............� �' QFFICIAL AL SEAL WITNESS y ]}Find and official seal; "- CARLENE QUEISNER' NOTARY PUBLIC :ALIFORNIA PRINCIPAL OFFICE IN •. Signature , CARLENE QUEISNER Notar LOS ANGELES COUNTY y Public-Cal. ` COMM.EXP.APR.23, 1971- _....................................................... Name (Typed or Printed) (This area for official notarial sea[) at , Ell. 140 ty.,� .. 'l:y, 1 _� � S'd .� .. ''Z' ,�,, "vr_"..e v�' ..1'S(e i y.t y ii w /fyl.srjt Y, y.' 3`4 "'�. t '� _ 1 ti�p Y ...1 j ! � ! � D 4Z t r J fir It AA- 4r-o 4'r.,t 76 ,;;I/so a6cale:;Z1 wal 1 in l•• 00 i - eq..e cr.� a.a*l.s c[crw•,owro o.ccaa .oa•we[.aa - .`� ) k. pim�fttli iv APPROVLD DV- ;l-r -- --_�....__..�� __------- ---SAZ>>dLE'�1_G__�1f_-�L,LG1lE___CQ-..__ ----------- ----- --------------------------------� 111 (2) (3) (4) (5) L 1 N f7lD_U.N_7-_ - -- e - - N.. ._1.F"E_v/_%LT�_.:.��✓S•. I Jr/�'/G�._ � »._ �p � ✓�1DU_ as - -- - Q i '-1 ✓ - ! j I h L3' •YGLc���, II il� .��� :�_... .. 'Gv"G �Go/✓',7���'.=T.. 11 o y V. it 2 r / li ii it 1 2 113 .4 II I II -- ; 114 115 li it 7 II _ - j� - I17 18 ii 19 n r I 20 21 �2 jl i� }I.� p 22 123 t5 - II 25 27 I27 20 II28 29 I!3C 29 30 � II I r ! I - - - - Ir 31 I .. �I31 i II I3: 32 33113� 3.4 �.(�F. ef'�l l,j/:�7 /'- `'� �ii // /—'r II I j I34 36 ;,I it _ li l ! 13s I 8 it !I I3E 3 37 I ii 13; 38 — " — I it I I 3F 39 3F 40 AQ o) -1 �^ 4; • t f t 7 Q��lebCICk .dJ'���� �,�� V 1ZC• 11532 Anabel Street GARDEN GROVE, CALIF. 92640 (714) 534-7880 E23lk2F-Vlb2cq Conbtactou WATER LINES - SEWER LINES 'STORM DRAINS 7 n,lQr�, .,�'•' :i-�. .'liC: - loll— _ .. _� _ ;:C 1:('rn cl 36 r' � '�)i _) _ .1�• _ � ) , ,r •n� 1� � � �'o age. Lump a 7=m, 02 , _. _ 1 ... ..... a ,. _ 1.• i _� .�. ';til 1) �. r -_�• 1•jl � • , ll" • ,%� 1 /C/O 8! 3 VU ' .L APP1MVED FUR CMG:'.NTITY ON Y � $f56°� c 4eZK- I el 0 pup r;, i 1 A . •1 aaateb���� t �t �, ��• 11532 Anabel Street GARDEN GROV CALIF, 92640 (714) 534-7880 ,-n,qineEzln9 dontzactou WATER LINES - SEWER LINES STORM DRAINS ''CP �nl ;�' ..'O � J� r' •.�V I N V O I C E Renewal Date 5/1/71 fire --I � � saddleback Pipelines, Inc. .auto tomDensa!wn �, ' 9 �' �'�' ' J TO , 11532 Anabel Street bonds �-_�:,` I N S U R A N C E I,re [{ Santa Ana, California P. O. BOX S)4 • SANFA A^IA. CAL:FORNIA 92702 1237 SOL/fri MAIN 714-5.17.5631 EFFECTIVE POL1/ Y NUMDER COMPANY - PROPERTY AND COVERAGE AMOUNT PHtMiUM DUE , • [F F ' 5/l/69 M5/2616 INLA Subcontract Bond, Performance .1nd Payn!ent Bond to Derby Lane PR���r„r 7 (/f� /��7;/ / Company for Storm Drainage a � System Tract 6730 - On Tract PHAS! ,/kC.....a�3`DD_�_ 7.3. Tract 6730 - Off Tract 83,551.22 8?6.00 1 Renewal of Po i,:y No. new Code: A Invo*ice Date: 5/2/69 TERMS: THIRTY DAYS UNLESS E,TENDED PAYMENT YEQMS ARE REQUESTED. PLEASE CALL IF TERMS ARE DESIRED. SM SETS— F<I'm NO. 305 DENNIY 1! t• M1 i , 1 ; F .1 ,t v L � si 4 l7i&4 J11 t �y' IL).. 1C: 5' .:ti'. 1•..4`..e'C11 December 66 .n! . _. C.... ....t. n- - -- I�TUT�OVhCIr CCNSTriT I ��-r" nr r J i.T.CT�'1 � �yU. r :.:,. .- -- �- .�_!�_'•� 1- _ L..� . ., � ut-17 E1_1'I .. .te_,__Ca la..`_ Gi 3.14.7.7. �, ,., ; .... . rJ.:: •_t;.. j!� :._.1�:: HIS : ;•,r_tlt'.I) 1r:Ta A cc)N-rRscT 6 rr,t_O�.-__..''_..__T LAND COMPANY .—. ,. ._.: >. „... FOH THE CONAWWON C)F._. 1, t) ._ _ _ C<..62 78 ,_ City of, Hun.t:inf>ton Beach Count , of Orange . Ave . Jilt:=llard : ACCOEXANCE W1111 Alf rl t COVLNANT5 \ I) )`Sl;;i Jlr 1--n .Own preni—rd Ly the Cofamm,r wA the al 1,rfert to Il:c C. ntr.,hin nod anri pm(hio,ed by fill. (t.11 r anti \'•."� - - t - ,r t • .... !).Lr:•. and \4'f i..:.,., hr ..... ::,-nac!or I:.;: ._.s:t-.i i ia•, „r c•rfi)f nl t}:e sv,�I k ,t n;I forrt i, i .:!i nt-kt- I I y lai•: 1 1.I. f-I ia!ti, ;,' : rI Vi;x ,i, �aArr & S rOF1 llRAIN. I id -'::ti :. 11 tit , , J s ". r .:f RE O. _-_._—__ -i tine ?bits in cons idcrat ion of the mutual at:r.vrnc nti Ilet vin as fn!lnly,: t 1. 'r1 :;:! cl"r, . : tll:: <;.t r :: :..,1 .ii;nr•.,:i fir• A-. In the event that the .Snh.ontr.n tnr f.,ii•. to Ire, an:! d:,-;,:arpe \s-hen (Iur ;rn)- hill, t,f m y kind n: r:alnr ne -_i 1,� !u, et;rr-_s to iu .:i .. afi ,,, :r, ary cc,a: :r,cr`! :nl it,, f llfi!hnent of tills (.'ollteact, or if at .:,v ll!n. [!:.;, .i::,i! :Inv t•C ire :,r.ir`. p a mi to ,. ,- ai' !-�":i'C•`: .i(• cr;b-d ill I 1• ,1; ' suit rncc n( any lit•u or any riaim .:,t . .-• t' a• a ,.-•`lilt of i,cr':cu:;:h ._ 1:•. .f it: ,,I%i r- t`.-. tit.. (`c:;:.... ' Ihr !:uhcur.traclor's o t iv.' ata,1,.r . .. !I I,. r: :i:l to and Or „ :r:. 'nv, A" .. -t:,i v:_.i, end retain out of flit e lid ' p.;' ! l:, in_c,nie rice • �: .. ;,- ;:< t-. ,;t; y payment rein (.uc to an• rrcn until tI,,. C ;pros. 1;1; r,.atinrl. l ::i ,:d,ienda thereh,. an arnount sufficient for the Cnnhrirtot it, corny,rt:•ly ins!,:nmfy- the 1C:. y:ork lr, he Cuntrac:r•; r :; i ' : :• � >r against any s,.:ch lien or (lain rn:lud:n;l auurrr.•y'S fees ri•:rfr.;,-_:' !l�<- Sui;ccul,.ae »- ,.,,?:.....•.;,,� - invurrc'd by reason thereof. 3 bcontractor \•ail]_ furnish all necessary A. No Uaymma matt under Am Contra; ,tali l:,- ,noth:.iyc evi- Labor, n (] t!r'rn m of Ow petform.inct' of this CO:ltr:i(-1. ci0wi ,•,hrr!!y rr in part, bor, material , tools 8 equipment nece s sarNA np p:,ym,A including final pits r,:cnt =011 5,• r,,n`,tru:•,1 to he an s t c i"i,ptenee of da:fectiye or uns:ttisfact:,n'v:,akmanAW : An matted,. Eor the co;,lp]_et:c. irt,_,�al.]_atiola of unitary z, , , w,. '11w S4 ,contractor avrce� that rn>::c, let: ,vrcf for the: 1,•Iform- CI:'e , water and storm drain systems In aIne t,f this Contract shall be uwd pnnt:rily for lAm and mn"Als ;Oink)] .L•:;11ce with approved drawings . this trr'rs into this ""k and said mnm" AW wo t„ ';s,•aM to ,.,tr,fy ,.;,,.;t _ .,lilia„It[at - Unt rac't- , City Of. Hant1.ngt-On Beach, County' 4. ]n the event that any pnnisinn therru-i!cr 201 he held jn"hd i; , s t 7 j s S: d�tal1N !ly timer of cumpeG nt junsciiition, the reaninder of this a re:anent • )a orange , �a11d�t1"G ;� )C'C7_j=:1.CLlt:lUn.., AA riot be affected thrtehy. general & special Conditions schedule of For cmwedswe to tilt t t •1- � , r;)t-or.trachlr rc.r-net, to herein .,, ..,, i❑di- )r1 gas , R.H. Calloway Engineers , under pen"nal, ", µ'ord "he" shall. as the sense ie car.°.tr:;:;.J to mean "she,' -iit• aria •"thorn- and the syord "leis" shall he cr.ostnted to il.ty of bonds attached hereto and made a mean "hers,,. its" :and "theirs." )girt hereof. 6. The signahle of any pc•rsnn to this agrecment shall he deemed a personal ;tarranty by that person to! he has the• po%%-cr and tine authority to bind ally corporation, co-part:ership or any i;thcr liustnc•ss entity for sshom he purport; to act. 3a, In cr;;sicl:r,!i;rl y;h.r:ccf are! fr`r the futl :and fart:Jul perfr;rat- + The Suhcontractor ai:reec that hi• personally i;uarar;tres the an•- of :;, `cc:::, •':e C,n.t::•.c+or ..is°es to -) dl Sui;_c:atractcr in faithful and complete performance of all t1:e term, ;in(! crit:,i!tiuns of t,.„ o' }':o:•!;ri;s -!',c::cd La ••to this Contract and tic• general �rovi,ions ber'tn :(:!:,:'. .. ti •Ih•• larfics aviec that r.JI r,f the rn,ctn s r,I ti`,1• Contract, the ^-1d r 1 - , t •t ..,,. ,- •luc::ot::; ,for f i' - cf : c.,,... in : l . loth ;-,:tier. I:ro- Additional Prrivistons and t}r• Ccn,'ra) J ro•isti ns ale f file to Contract, nnd that breach of any of ti. :,tc'on. of ;rr. ,s rr . . . ',or­y to th-2 tractor shall create the right in the Contractor to term ,.m the Contract oe svi&mQ in:uri-mg any habdRy except fir the sa,::^ rr the ;yr k pm- r),o :� i._ t1L1:_i prices C,� 1. a 1 j ^:i rid materials ft!r ahed on be A" by F .'-'-.a•. .:)r f s,ry to the Subcor. ra,tor of a: ccn :w:.., of t le $tt F,�-1e i i e Utility lines are installed C�1,_,h5 herein shall be construed as in anv manner retrictnig or ar s tr uC Lures completed ed de tChe s are back- hinAnT any rights and re wdws of arty party on Knac'7 of AN •0.gmce ' meat by le Who and the remedy pro`:idod' in t}:is ` .Luse shall he in Gilled by the 25th Of each month. Invoices allkkn to ail o! ns pros:ded by this A.,::_e:r.rr:t or la C 'C(::1.Vt't_. 1.T1 our office in proper order and r:f 9. No oral statement of any pmsor. s•.•l:n--soccer st-:.t,�i'tn a .!_Inner r..r de,'.ree mor.ifv or otherµ•ise affect t�:e term: cif t!:i> C:-�rfract it is 1'( proved by COntracirUrs Engineer & Project r •reed that nothog done by file Contr.:_t,u in Me o' its E-upts ,b' tel: l:;t of the month payable on the o"''-atio:is hereur-cler or in directing perior-niance by th 1 S ;c r.ti_:c.tor Mall 0 constned in any manner or to anv e:0e:it uit.ttrvFr as ,t s.aiver 10th of the month. 5`i> retention will be by the Coatractor of any dez'ault in a fad re cf pisho=ince of An trnns ,paid on the loth following complete -accePtt-I cQ'ions of his Aercerrient by the C;,nzna ­_ It ; .Z:ce! that no "son he onshali hereinafter have any pc•..cr c: ;t`..:city to 311CP aiye, by the City of Huntington Beach,Countj��_dl alter or rescind any Ine"sW of this .Aseerirnt f the Con- of Dra & Contra;Cori Engineer Urovidin g r .:or e-Wt the person or persons xho,,e tames arc af*ccd to this ' -' Cnnnact as contracting representatives of the Cnnt:r.cter and extent retention invoitscs SUI_imit.ted In proper ordiXticr, such persons as are authorized by Ke prest:icta or ce^r M.—Y of the Contractor, in writing, to agree to such ss,tt•-er mot l"uon. v ith a:'._cran•ce alte:at;ons or rescission and.in the case of thv t_- ; we. per>un:, their tlr. t }.c s`: ,- sen'!_c COOZ ITT CAM! by , _.;'}'. This autr:o-.it• shall he strictly limited to t}:e terms (-.f ' ` .c:. .ns e:- . }.• i„ ! r: of a ca i r..- .: rya c: e ._.. .., .;-reed 1a It is hereby c•nss!y un.i""wd .in? azrmd V r.,wn tl a Ludes u�ar, b•: h,,` that in the eye nt a dispute Anuld arise as t:, tl., of the r t,P OlAil;atiu11S of fill' ,,irtie5 )l:rs Uatit to this A-4rec'roc•nt, ti,:t the patties r: .. . _ ,:-r her.:r. l 1 a AA i-m . Ann _ 4 to µ.ill Wiu.,Ncate any such dispute in the Courts of the State of a. s .,i! Ca 1 if .znd the parhes a;;re.e that each sti•.I a c `t• , of ;recess ob k . c _ ice outside of the State dCa1i-tornia µnth the .al.„_ lkme and ..':(i n _, `?�:..: :r Re Such Frcc sS a been scned .•. b:n the State of cae-t as if had b r.... . :y „ inkCalif. , and each of the parties agree that the C our;; of the .- c:. State of California shall hayc per rj i. ' is � $Ca.l ttl :i^ Ci`:::rl over •.-,. .: - ..,-, - u f. o: .. ,. tf:C' artitl� in cUtlr;ei Lion u'ifil [ills A rCr.•.•'Gt of :Inns tll:}:P k :..tt,cr, %t :y es mazy ari,e as a rr,,.rlt l:e.e,f ss„.. .. •s: , .. - . . ..-.^ i. THE: Y110"S1t):`:S .SET FOI'.T_cf ON TEiI? l J 111.it' OJ AND IN 111E is F''' .;1. .4`�:) S!'1a: A"i'i:\H .i) HERETO ARE HFJ'ER) r "VEPil:.:lTET) ,.,i0 : A.";I) MADE A PART OF THIS SL'tCON i;AC-1-. ' 'c- ;. .: ., `.•';:. : . ,. :.= - . ,,. .- ._ .... e0... ._ L•.is Ati:c:-:r.•_:! :;! 1„erase yes. t ,cir heirs, ear;t::ors, cut c.•;•,,•s. almms"3- v, OAKEURST -I��D__CO:�. a) NY Date r c'�l •'7:'•;",tied: . E'Xiili')IT "A" MRKY ARTUKOVICH CONSTRUCTION CO. , 1XC. /-'�N D 0A'K11L1RS'.i: J.-AND COMPANY 1, ?nymem �K parCormance bonds in the amount of 100% of the contract on formn naccprable & Contractor shall be furnished by Subcontractor and SUDMaLracLor ngrees to pay premium cost of same . 2 . Sahcomracnor un6er penalty of bonds attached hereto and made a part hernof Y�All furnish all labor, material , tools and equipment necessa. and do All wcak reqvired pursuant to this contract , "?proved construc cion drnQnns prvpbred by RA , Gallaway and pursuant to the require- of W QiLy V Huntington Beach and FAA , for the complete consrrucLinn K sanitary sewer , water and storm drain system, includi: buL nou Limited Lo pipe , structure , excavation, backVill , flooding an- compauLinn of crenches , ecc . 3. SuhconLracror acknowledges that he has personally investigated all sice bnd whor conditions and that he has included within the prices in ExhinA "B" atLached all A costs that are known or anticipated and thaL there shall be no extras or additions to contract . 4. Quanticies gat"- ached are from unsigned plans and any additions or del Beach an directed in writing by R.M. Galloway, CiLy of huntingtoL each noo/or Goncracmrs Project Engineer and should quantities changE they nosli be pain ror at the actual installed quantivias as approved, payable at the unit costs contained in Exhibit "B" . 5 . ConcrocFar Lo pny for all construction permits , City and/or County Aspoczion fees . 6 . Sewer lacerials to be connected to the house plumbing when it is ins tail le& ii JERRY ARTKOVICH CONSTRUCTION CO. ,jNC. D&KRURST LkND COMPANY —77: day of .December, 1966 . Signed &nd accupte6 this Tracts 6338,6339 & 6278 co-,-itoli-,od or described in this subcontract. �11-1 work of th-3-s trade C- j C T. ER 1.1 A Till & to be performed in coil-ipiai-1-1ce and provisions of all addendlLs ;.-m-end- whe t:1-c:r stipulLi ced n the Sp,.�cd -1-4 C 1.11 se-ctions of the 131.�1ns 's :\!,!1_L. 01" �7 11.3-..-)cl usually perfoy- od Lis a art of 1-.7. cOvered by t-Ms subcontract or usuall' -r.v perfoEied c,- doing Fork of this trade clossification n -Cl reclUl-red to be perfored by the. ty�;.61-c' 'ase',,J by Lliic subcontractor and pursuant to the at,,1L--1h0-'- '.LV Of any union jurisdiction rules or CUStO%ies . c L"-F ro (7 '.'L.AJNT S1'1R1VT( TNG - All customer complaints A j. -.i�T)-t,�!'L:�,j -7j*LJ�1�1-- '-;even f receipt of 0. _V e (7) days o- -i heating t i n c, tllu U C'.C). I i i i t: -v;� th the exception of and) 1-4-iich be completed immediately upon di- coli-i-plaiiit. Tleating., electrical and pl=mb- be. require-d to leave an emergency telophone. L- 1-or Pigh� calls . It is the responsibility of the I to obtain signatureof the, customer L- afte-2- co..MT-)laint has bc---.en completed to their satis- fzjctioi) . The signed wor'1.1-1 shect should be mailed back to o,lir. Service o'L:fice at If any compl-al-nt is .not sc..rviced within the specified time, and Broad shall take the necessary steps to C 0, -ie partic- ular - ---. co-i-pliint and charge back- to tl mp -(-.t:C . I j , - I L ular unit subcontractor can prove that tll; l oiC?:i:�_<.ii1:t could not betaken care of clue to the be-ing home or any other reasonable expla- COMPANY CONSTRUCTION CO, JERRY ARTUKOVT"H INC, Co t a c)r Ubcontruc 0 ,T' tle DATE: S?..tIL r , WA 'r 1: & 5'1'011M DRAJIN TRACTS 63 39 , 6338 627 s Q__ n11,_ i_t)' Sub- TotaI Quzin i.ty Su'v'•ToL.�11. Qun1-1f.:i t.y Su 1) Tot<i1 Ullii: 6339 6338 6278 cc) 1 ,1t1_c� T,� 3 ;�,5U . -- 805 111 2 , 111i 1. 5 : 0`7 1"1. 1�,501 £',39 l,I 2 ,037 . 57_5 7111, 2 )013 . 3 . 1.15 . 0Ul ? I . 2. I a 370 , 2_ La 170 . 1 ))5 . 0 74i . 1. I?a I+SU . 1. Ea 450 - 1450 . 00 3 Ea 15275 . 3 Ea 1. ,275 . 1,95 ,00 3 , f?:%5 . r .? z 2 rya 'i00 2 Ea 300 , 2Ea 300 . 150 , U(i J _ J 2 Ea 1110 , 3 La 2.1-0 . 1. Ea 70 . >O .UO 0 a' 1 En 75. -� 1 Ea 75 . 75 . 00 150 . t c 1 Ea 50 . - 1 Ea 50 50 .00 1.00 . { 1 Ea 110 . 110 . 00 40 , ,L:tez_ S_ - cc,s 57 Ea 4 ,275 . 48 3 ,600 . 45 Ea 3 ,375 . 75. 00 11 , 250 . $13,977 .� $13 ,073 . --- $ 9 ,972 . Total. $37 ,022 , 3" 7CP 2,527 LF 8,845 , 1,970 LF 6,895 . 807 LF 21%825. 3 . 50 18 ,565 . 1 1 9110 LF. 4 850 . 1 640 LF 4 100 . 645 LF 1 613. 2 . 50 10 563. F" � CP laterials � f:o }' <1�< , , , , , � x;W 1i-,r)leS 1.2 Ea 4,200. 11 Ea 3,850 . 2 Ea. 700. 350. 00 8,750 . `.,. t`' ``MCP 166 Ea . 3,320. - 20.00 3 , 320 . -l-,ler Siphon 61E LF 1+,�i80 . - A - - 70 . 00 4 ,48, . VCP laterials lack of 1 995 LF 2 993. 1 680 .LF 2,520 . 1. 575 LF 2 ,363 . 1 . 50 7 ,870 . i L, v.er 1 aterial perm-its 57 Ea 399 . 48 Ea. 336. 45 Ea 315 . 7 .00 1 ,0 0 . , $29 ,O.7 . $17 ,701 $7 ,816 , t�C_' 175U'� 64 Lh' 960, - 15 . 00 10 �'�', 1.90 Ili' 1� 750. - 25. 00 1i 750 . ch s, r) i• ''1.1,. ' 11] -4. 37 ' 11 1,1 .';T , 1.1U 9 , Ea �� nrn �tle�rome to - .THE CITY-OF H.LINTINGTON. BEACH. Map on File with City Clerk ■ March 30, 1966 i W. R. Stephenson P.O. Box 176 Sunset Beach, California Subject: Drainage and GradingDear Mr. Stephenson: The City of Huntington Beech has adopted the 1964 Uniform ` Building Code to cover drainage and grading within the City. In j addition to the direct requirements of the Code, the City may nn rewire installation of offsite drainage facilities or payment of draine.ge fees within a certain drainage district;. These are all general requirements, of course, and an engineering study is neces- sary to determine the specific requirements on a particular piece of property. In regards to grading of land so that it drains an adjoining property, this may be allowed if that was the natural course of drainage. As stated above, however, any grading operation should be engineered and match generally with the City's masher Plan for streets and drainage facilities. If you have any questions concerning a particular p-Arcel, please / feel free to call us. Very truly yourg, James R. Wheeler Director of Public Woks By____.___. H. E. Hartge Deputy Director of Public Works JRW:HEH,-WAM:am February 2., 1965 County of Orange Uoad Department 400 i7est Eighth Street Santa Ana, California Attention: Mr. Bill Brand Subject: Drainage Fees Dear Sir.- Reference is made to your phone conversation with I'ir. Bill I'lartre re,,,R.rdin.,7, the arCreement between the County of Orange and the City of , Huntington '3each governing drainage fees. The enclosed information is being sent as yoo requested. The- City's Naster Plan of Drainage Nvas. adopted by the Planning Commission on August 16, 1960, and by the Oity 0 Council November 7, 1960. Rec?arding the area west of 3each Boulevard and north of McFadden, the attached map showing the various (Aty drainage districts is marked in red to show the location of the channel which -carries the drainage from the south side of the San Diego Free-way southerly. The hatched area on the same map shows that area outside of the Huntino-ton Reach City linits which said channel is anticipated to drain. The enclosed composite plan shows how the drainage crosses the San Dielo Freeway. If there axe any further questions, please contact this office. Very truly yours., James R. 1 heeler Director of Public 'riorks JR;Iv':JKM:am Encl. OF) Y January 4, 1965 Mir. Al Ko c h Road Commissioner and County Surveyor Engineering Building 400 West 8th Street Santa Ana, California Subject: Drainage Agreement Dear Sir: Transmitted herewith are two copies of an agreement re- garding the payment of drainage fees. For the purposes of collecting drainage fees and the solving of drainage problems the City of Huntington Beach Is divided into twelve areas. Some of these areas extend outside of the city limits into the Cities of Fountain Valley and Westminster and into unincorporated territory. There is in effect a drainage agreement be- tween the cities of Huntington Beach and Fountain Valley whereby fees collected by one city may be paid to the other city when the area being developed drains into the other city. It would be appreciated if you would review the enclosed agreement and contact us regarding the execution of a formal agreement. The agreement has been approved for form by the City Attorney,, Very truly yours, James R. Wheeler Director of Public Works JRW,,HEH:a Trans. coo PY 0 A Peter A Calkenne 27 Frankfort HuxtirCton Boacb, Callforrurulla Boar S 1c r latton of January 18 has boon roferred to ETD Qr the City Council. Au will wall that the plaans -.,n have tram walx to proieide a solution o your problaa only.y.. SubsequontIV ny Wioo has dovoloped a drainals pian for1 ontive mesa area, uhich Men cc ploted (in abcot 60 dnyu) will prMde proper drainage: fox, t1n bUck in which you roside and in nany other EMMA aituationse If accepted as ptupoond it will corroct all of the drainaCe deflojenciea in an area a r ra iy bounded icy :each Boulevard, tin Street,p, 17th Street and Ocean d�t3't3 �3� Vve Wen We to Wke and .dovelopmcnt has financed Mom dralmaZe in all ether rare of our ci ya Bocause the old town arty nas Area# shbdividod no could not ap 2y the ears Woo re e Mcwhero and it app ars that to will have to restart to an improve- nOnt district procecdin try acconpli h thin pisposal, IT this means of financing .a appPov2d the lawer a-ache,* of the proje; _rvin In area WHIch yon Mop VcW in Q service by next rater Dircetor o ilic *nor&- 0P December 6s 1963 Mr. Dave Zulikoff al .for is iviaio of Hi clays 120 South SprinG Street LoaAn-ales, California Dear i1,1r. likoff s Enclosed herewith are tvTo copies of the hydrology and h dra-ulic talc l,ctionao draix�a,,; area map, and reli i ary design of two storm. drain s ate s in- tended to serve the mesa portion of Huntinrton Beach aituatod south of Ellis Avenue mid we at of Beach Boulevard. Tt°e3a storm drains trrill e, ty Into the progoae6 exton son of the Dpl Plood Control Channel. The two systems serge areas I acid II shown one ate drama e mare® she area III drainage systera has not been firmly dot rrainedg but it is i tcrlded that this area x,ill a included in a iz-i station systom which will Include one or more conduits crossing Bea-oil Boulevard. Thc completo report Is in t o process of being pre- pared and wTi .l. bo Forwarded to you when covi l,eted. It 3c hoped that the onclosed materials will be of some Use . a=_n'T"I'lile. I Very truly Co ro o Jmie a R® 14heeler Director of Public Works gaol a O October 16v 196 Stato of California,nia, Dept. of Public Vor1zs moo cl s 54., alUornia Mr. Y. A, Fashimoto Asat, Dint. Engineer J Der Lair* , Roferen e is made to your letter datod Ootober 9 1963 In wbich yeU r parbod We proposed scheduling � F of the cmastructian of crows butters on Pacific Obis w1uh to caphaolze hn ''act that the present facill- bles need immediate a intaaagoe: Captain of these s uc e ;calla se s &-rep ct eno'se s oppo - L' s at:.'s. vill not drair. The Indlfference shown by your dewartncbt laishis matter, may rebUt In derma o to private property or even conso bodily Injury. i ay I once again urge yan to cause a necessary malntenance, repairs inmodiately. W7 truly jeurs v i Director of Nblic arks STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS O SOUTH SPRING STREET DIVISION OF HIGHWAYS L102S ANGELES 12, CALIF. DISTRICT Vill, PHONE: MADISON 0.3030 MAILING ADDRESS BOX 2304,TERMINAL ANNEX LOS ANGELES 54, CALIFORNIA PLEASE REFER October, 1963 TO FILE No. vii-oRA-6o-HntB 61-07V09HO111. 1 Pacific Coast Highway in the City of Huntington Beach Re : Your letter of 9-27-63 Mr. James R. Wheeler Director of Public Works City of Huntington Beach Engineering Department Huntington Beach, California Dear Mr. Wheeler! We have reviewed the drainage problems mentioned in your letter and find that little can be done to alleviate the situation until such time as we can remove the existing facilities and replace theta with cross gutters® A pro- ject has been approved to accomplish this work, but funds will probably not be available for several years. We will be proceeding with plan preparation and will review them with your engineering staff when they become suffi- ciently advanced, Vey-j truly yours., A. 1-4. HOY District Engineer BY W. K. HASHIMOTO Assistant District Engineer Septombor 210 1963 n , r. Be TO '11 rdo -State q;� M State of Wif ondan ; t, of, Pb3le "y7orka. Dn of � hayo,, District V11 1W M. IM! 149 Anplo-O 5W OaWoxmia Dear, siv I tee* is to a solutim probes v*lch oxiv*aon Oco4wftenw, (- 4 10 .) n 414W City "HimUngton %Raehol n a tho intorseati-on vulveeos in the gewtal aiva of Ipt street to 2,3rd Stroet aro elld and am in a deterioratud tonditiono. 4 are t*vaiul Imationsv gate vital- > W and n loner i 3a'.{nth Ze draimga prololm rewitiag from thr c tip r4coss.4--tates the p3acikg of barvioados on ii ig"Aray d each stow, 7ais cites a sarious twXfic ha r and cp . s atee Dus to ow, Mt stroot _ ' e ' the , i o ca a � .� � for o o i =e aloes. the lea-: stinstO. We havo bean contacted I sow repmaentativeo of your office$ A we are army of your proposes Project involviag tho construotion o (A"Ges.-iggettors in this area. GAw. primary c 1-�ave sme action talmn to alleviate Whis problem le prior to the Ayer"r§r Season. U the t?w Coll struotion � ? W p � nd in t'-'-hmnp Vie *vouW Myqwst, tbat, the n000suary wwwnswo and rrapairs W rz& to the existing- culvpr�,85 'Vary xu , fig. meto o Pu Wore B - " - ,' ' 0 Mast Q 1963 Ar. Ralph G. Risor Southern California Wison Go* 1. 0. Dog III Nlxnt In �)caoh, California Dear Ralph: Sorry to appoar to be dvaggj, our feet 14 rogard to the storn drain eazon ats you inquired about W your latter of Au8pot 1p 1963. Reiter one in yOur lettor for ths ommmt in t�ic vicinity og Edinjor Avonso and tho MUM Moctric Rallmay c�LM a be handlod ratkter enoily. 2ho approjo, v alp e of 01,70000 is ra=Ondblo and so apo in agroenezt, HOYMOV thO McOnd Ono in tho vicinity of Garfield Arc and Whard ftrect 15 a littio Innore catod and our Moire to process both toeethor hao hold back tho firat one. U0 will havo a WNW proposal for We lAter ono W3 vook a cc uill 60t in touch with you used atoll, Pleaoo aecqpt our apoloCy for the Why aad we appvociate t,,e Vory truly YOUVS3 Droc tar of Public �Torks COPY n n . Cl\ August P 1963 Mr6 T. B. Talbert P. P. Box 310 Huntington reach, California War r: in �,=ep to yaur laberp dated July 18p 1963 concerning dr , of she laad in the vicinity ` I of lour property at Beach oulevard and Atlanta Avenue we are now In a poeition. to advise you at cooperative project betwo n the Cite and h Orange County Mod Control Districthas been es- tablished. i The Flood Control Distrint has OomplOted thoir Hold studies and aro now in a position to S °%.yo4:.&rien d he alig mont and o3•.ird 4 h o an extension of the existing H nt inCton Beech Channel (DO) t Atlanta Av enue, The channcl tfacre connocted to th channel constructed thrys8h $e Y& Sands will serve o intercept the flow of all drainage eant of Beach Yvery offort is being made to complete the acquieltion of the rIghts of way for the phoject Im odl sl a and to construct the annel prior to the rains of his coming seas= If ther€s are any furjher queations concerning the problem we welcome a opportunIty to discuss them with you,® James 4 wheeler Director of Publia Norks July 26 m 1963 Betty Am Roider 615 Frankfort Street Huntington Boesch v Calif. Dear Nadara: Receipt of your letter ebb Jul y" 23s 1963 3s ae knowled ed, sae i tens cga4rdine rd plianbing and wiring have been referred to the Buildinr? Department for their considor ate on. I e are presently conduotine a drainage study of the area in the vicinity of ;our residence and mope to eerie up with a oolution to Ws problem. In the near future, Very truly youraq Director of Public Works 14 a 4 k Fly i v 615 Frankfort Street Huntington Beach,California 23 July 1963 , Mr. James Wheeler City Engineer �a - Civic Center Huntington Beach, Calif. Dear Mr. Wheeler: Although this letter will touch on several mattersq the paramount one concerns a drainage problem shared with my neighborsq the F.F. Galliennes. On more than one occasions we have had to "bale out" water which came up during the rainy season through the shower. The above problem was mentioned when I recently called Mr. Williams about a ,. plumbing matter- due to defective :plumbingg it became necessary to spend over one hundred dollars for: repair of floor area around the toilet, replacement of all the linoleum, and proper setting and sealing of the toilet. While on this jobq the plumber checked the toilet in the other bath, and found it loose. This house is not yet three years old, and I have lived here aloneq not putting undue wear on the fixtures. The final matter.� 'concerns electricity. When I first moved in, there was a strange and repeated sound. After about two nerve-wracking weeksq the electrical con- tractor finally discovered dangling wire in the attic along which the electricity was traveling with the resultant disturbing sound. It is my contention that the home owners buying in. good faiths deserves pro- tection and satisfaction from problems over which he has no control or knowledge. Surely it is the proper function of the city to ensure precise `vfater drainage all years and strict inspection during the building process. yo(/u/r/sp �C�✓���4 *4e VReider i ����1TINGTpy� CITY OF HUNTINGTON BEACH ENGINEERING DEPARTMENT 9, Huntington Beach, California �CppNTY �'� December 20, 1962 Charles Derigo Re: A.P. No. 25-110-30 222 3rd Street Block 2805B ESV Huntington Beach, California Dear Sir: During the last winter season a serious drainage problem which exists in the near vicinity of Florida Street and Owens Avenue, and which problem also encompasses a considerable portion of your property also, developed into being a critical situation. Considerable damage to private property could have been experienced had this department not responded to the situation and provided some temporary storm water pumping relief. Since a 24-hour drainage pumping program during periods of inclement weather is expensive and im- practical we have considered constructing a temporary drainage ditch so as to provide for gravity flow for a good portion of this storm water. The most desirable location for this ditch is along the south ten feet of your property so as to carry the water to Delaware Street. I am, therefore, requesting permission to enter upon your property for the purpose of constructing this temporary drainage ditch along the south ten feet thereof. I have taken the liberty to enclose a permission of entry letter which, if this meets with your approval, you may sign and return. Thanking you in advance for your cooperation in this matter, I remain, Ver truly y ours, .'V -,Y./ W J es R. Wheeler lerCity Engineer ws�. JRW:WSL:m Encl. James R. Wheeler Re: A.P. No. 25-110-30 City Engineer Block 2805B ESV City of Huntington Beach Huntington Beach, California Dear Sir: This letter is to grant permission to the City of Huntington Beach to enter upon Block 2805B East Side Villa Tract for the purpose of constructing a temporary drainage ditch along the south ten feet thereof. This permission is granted with the understanding that the City of Huntington Beach will maintain this ditch in a neat and clean condition at no expense to me. It is further understood that no dirt will be removed.from the property and that the ditch will be filled, at such time as I might request, and the property restored to its original condition at no expense to me. Very truly yours, bc'z d)(1. r s Derigo, Owner � ' • James R. Wheeler Re: A.P. No. 25-110-01 City Engineer Block 2806 ESV City of Huntington Beach Huntington Beach, California Dear Sir: This letter is to grant permission to the City of Huntington Beach to enter upon Block 2806 East Side Villa Tract for the purpose of constructing a temporary drainage ditch along the south ten feet thereof. This permission is granted with the understanding that the City of Huntington Beach will maintain this ditch in a neat and clean condition at no expense to me. It is further understood that no dirt will be removed from the property and that the ditch will be filled, at such time as I might request, and the property restored to its original condition at no expense to me. Very truly yours, 4-At� Luther Qa ustianz, Owner Novonbor 299 1962 Honorable ,Mayor and City Council City of Huntingt�)n Beach Subject: mooed Control ht of ',wj Pure"aae Transmitted herewl th is the Deed From Control �u tq;� ��g+fY¢t,:( any: e t�}o! the Citty$ �'ory�yf the��.+��t°�y;�'1'^yo'`�ac�e Non AIrol parcel rcel C5 - c3Gg,�/4.,„�1. This the PV,.+�$.o -at od west o 'ad�'UC�, rdi Ltr t adjacent do Oahe C Flood Control Channel and €a portion s to be used for trading fop needed street rwiSht of tray. Your honorablo body should accept this and order Its recordinSo Very truly gour , City Engineer A . ttg Clerk: Copy of recording data to �r eera after Py O July 12p 1962 State of California DOW= of li&ways, District V11 Ban 23042 Terminal Annex Los Angoles, California Attention, Mr. Correa Gentlemen: Apparantly a recent letter to your OffAcee, dated june 129 1962, with, enclo-sures has been losto' Enclosed is a copy of the missing letter Ynd Its enclosure, The private property at the east end of the culvert mentianed in the letter has been filled and is buing developed, The owners are willing to provide an 6asement for a storm drain. However it would be very difficult to provide a right-,-of-way zuid the coast rustion of facilities required to' carvy the runoff originatinZ on the vest side of Beach Boulevard, in view of the unusual drainage situation In thia location using Beach Boulevard as the division of drainage will awmewhat as the problem for both sides, It would be approciated if yDu will Sive this your immediate attention. If there are any questions regarding this request pleaco contact Mr, R"artgo of t1his office, Very truly your so James R. Wheeler City Engineer JRj.,h.,HE I i i a nxiclosures 2 '4 May 24P 1962 Senator John A. 14urdy., Jr. 1623 t'-_7est 17th, Street Santa Ana, California Dear Sir: Transnitted herewith are descri,-,,)t1ons, and plats of the rights of way needed for con- struction of the storm drain channel throur gh your property, You will note., on the larger inap, that additional width is needed in the vicinity of Heil Avenue and at Gothard S' tree-Lb. T'Iftis is be- cause the terrain at these locations is lower than the surroundinG �,,roimd and we nood additional R/!-,', for berm slopes. lVe intend to nrocood with this project in late seer or early 'fall. Construction t-All be coordinated i4th your harvest so that crop danage cm be precluded. If the enclosed dencrirtion rmets with your arproval please advise no, so that; we can pre- pare deeds for your signature. Very truly yours, Jmmes R. !•.henler City �nginocr JR1,,T:a U Git of Huntington f3em-('Zt Honorable Mayor City Adm`a ni ntra`toor Your at op&t €n is called o a d air-ma , Problem that o;clsts at the subject location and 3olution to it Is offered for your cons I dorata Ion. At some tine in 1';ho, past tms erly f'low through a. culvert under 39 t�laaq, blocked by a 1 iald ill opera .ill- kj on the vest iide of the highways causing the -mattmal flow to be reversed Tho east to ms t f1mv (that wb ,-11 wms blocked) would oemir only after a considera-ble area oast of Hit37111--WY 3 was i nund; G-e , t1� , , is to oay Vhe3e s,f,-orm 'waters can be carried. in "a storm c =zel throe&ram Lyons Tra S::j if thoy can be conducted to it, It a-ppov.r-n at tbils that 1-be pt». blorm .Is ea entiall-A so tlo ,, id`'...J"'co- t .lfor -,rvz1 i '.5.- the il- }m y frontage properties cast t side f the higA' vay must provide fox, tbko gassage of floodP-Irst, the party block-1-n- t1le flow can. waters Crom 30-1-ID acres o1i tho west side t-hat in "tho pazl'4- did noG cross the road. i be eal,)sod- to restore the d,11a1VAY';O t"'RrOUDO" goig"i,?",by raiucino the drainage fac l ie Y1• . 8econd, by participating with the effected property owners tulle city can in the ce ® true tan of de irate facility to handle he present tributary mina e. In, either ca2o the 30-hkO acres will con- tribute storm C%"1'aina,o to 42 drainalo area for which aaa beea c.etor nl nodp but will not coax- 'torch"* re= , :;�:, Loth caaes tho city will have ano financial MAGAtion. it appoars to rm that it would be moot bano- foul to adopt the 8VCOn6 OCKC 0 to volvo the problem most expeditiously, Very truly gouts, City Sh3ineor kl I:a I (D 1P _ 11 ���TINGTp� --� City of Huntington Beach Cn ,• Q Fa. �• California C®U�iTY C Novembor 26, 1960 fs H � Osborne., District Engineer �`� � o � �� g Y1eer Oranrp County Flood Control, District PCourt Tlodse nx x; P.O. Boy, 1078 Y Santa Ana, Californi,.a Dear Sirs Attached you will fines the tap of the %seer Plan of Dra.i.na and a Resolution, of the City Council, of the City of Huntington Beach adopting this 1khster Pan. Section 11543.5 Paragraph 3. of the Business a.rd Professional Code provides that our drainage plan must be found to be in conformity '.nth any existing county drainage plans. It is requested that your office review the plan submitted and if it is .found to be in co formity with your drainage plan that you recommend to the Board of Supervisors that they forrolly determine this. upon return: of a reso- lution by the "a-and the City Council can enact ordinances esta-b i.shin� these d ina•e districts and naking an assess ant thereon. If year raysw sho-as that your office will re- commend approval to the board 1 would, appreciate advance notice of this so that i,e nay proceed wit'n more detailed studies of these drainq.-o areas axzd have ordinances prepared so that wa may eraut thorn as soon as possible after favorable hoard action. 'ibile in most cases the point of discharge of the various drainage districts is apparent to us the following tabulation sammari zes what we intend to do in this respect) and may be of assistance to you. Area 1: drains northerly into Area 9 thence westerly to the Bolsa Bay. Area 2: in its entix* y is tributary to the old and new C-4 Channels. September 12p 1961 Orange County Flood Control District P , , Bow 107a Santa Ana,, California Subject: Ocean View Channel Dear Sir$ In response to your letter of September 1. 1961 regarding your proposed aligmient of the Ocean View Channel In the vicinity of Cannery Street, the "C'F al- ternate providing for the crossing to be approximately 495 fact north of the center line of garner Avenue Is acceptable to the City of Huntington Beach, Very truly yours o Fames R. t tee .er City Fi incer J M-T:11, 1F, Y I Area 3: drains northerly to the C-6 Channel which is presently under construct on. Area 4: drains to the C-5 Channel and is separated from Area 5 because it vdll require pumping to drain into the district facility. Area 5: drains to C-5 Channel. Area 6: drains to the existing D-2 Channel and will also drain to the future Channel. Area 7: drains to D-2 Channel and D-1 Channel and differs from Area 6 in that puppage will be required in the lower part of Talbert Valley. Area 8; will drain, to the extension of D-1 Channel. Area 9: drains southerly and the westerly and will be discharged into Bolsa Day. The drainage areas as slawn on the rap are prelimirnry and will no doubt be suIbject, to sore chanbeas as we develop more detailed drainage studies. 'is do think. however that t1he p pne ra 1 plan as shmvn is essentiallir ace-arate and the changes will not be extrei-aa, 'i"i'a found that we had to bo somewhat arbitrary in initially setting; up these study areas so that vie could indicate to our governing body an ided of the costs that pivbably will be imposed by the ordinances that will be adopted by the city. .Any Waestions regarding this submittal may be add sled either to myself or lfaxtrge of my staffs Very truly yours., James R. "Wheeler City Engineer JIOY-.a Att. 2 RUSOLUTION,,,Woo 1440 3 A RESOLUTION W- TU CITY COUNCIL CF TBE 4 CITY OF HUNTINGTON BEACH ADOPTING THAT CERTAIN MASTER PLAN OF DRAINAGE DATBD 5 OCTCBUR lst, 1960 AS PART CF THE MASTER PLAN OF TW3 CITY OF HUNTTNGTOK BEACH9 CALIFORNIA, 7 8 BE IT ?X$OD,VED BY TUS CITY C0U-140IL O ' TIZ CITY (F 9 HUNTINGTON BEACHv that 10 11 WIM-R.13PASt the Planning, Co.rmission of the City of Hunt" 12 in ton each has held public hear ings'o as required by law* 13 for the adoption of a Master Plan of Drainage, which Master 14 Plan relates to drainage facilities for the removal of sur- 15 face and storm waters from local and neighborhood drainage 16 areas; and 17 Ai St the City Council of the City of Huntington 18 Beach has held a public hear ingg as required by law on the 19 proposed Master Plan of Drainage for the City of Huntington 20 Beacht as recorwa�ended for adoption by the Planning Cot mission 21 of the City of Huntington Beach by its Resolution No.. 1035; 22 and 23 WHEWAS9 said plan is being adopted in order to com- 24 ply with the provisions of Section 11543,5 of the Business 25 and Profecsions Code of the State of California and in order 26 to promote the public healtht safetyt welfare and convenience; 27 to serve as a general guide for the development of public 28 29 J 1400 1440 2 3 a-ad private lands, stresto, htzlzmys and subdivisional provide 4 an "thentle Source of Infornation for residents and t- 5 ors in the City and to obviate the nwnacs to public safety, 6 health a olfare and property values resulting from Inade- 7 quato provisions for planning for drainage of the area within F . 8 the City$ 9 10 W4 TMHW09rq W, IT RFS0LW,,D that the City Coun jj of the City of Huntington Beach does hero'by adopt that *ev- 1211 tain Has ter Plan entitled, "City of Fluntington Beach Vlastor 13 Plan of Drainage, dated October Isto 19610"t together with the 14 descriptive natter co'ntalmd In saki nap, as part of the 15 Master Plan of the City of Huntington Beach, 16 WE r& FrMU1.1,211 MGOLVED that tkm Mayor and City Clark 17 oortify on said ynapq 1'-Its adoption by the Counall, of the City 18 of 1-bintington Deach by this resolutl.om,, 19 20 PA7D AND ADOPTED by the City council of the city 21 of lluntiiXtoa Beach$ Callfornia , at Ad vtvgular mostirg thoreor 22 hold on the �th day of drove mberf 19600 23 ERNEST H. GISLER o 24 r 25 26 ATTESTs 27 28 PAUL C. 'JONES City Clark 29 Re so Vot 1440 2 3 MATE, Cri CAM C("'Unty of Orange as 4 City of i'luntlazten Desch 5 6 11 PAPUL Co JOWEAS the dUlY eleOtQd� qualified and aetj�M City Clerk 7 , of the city of auntington -41 eaohv and OX-p 8 officio Clerk of t.11a City Commil of said Cltyg do hereby cer- tify that tie wholo numbor of zaembers of the MY COmcil. Of 10 tie City of, HuntingUn 'Deach to five; that the lftrseo rast)6 11 jUtj()n _Z pageed a p4-e4 by t_a a_r_f jrMtjVe VotO Of Q 12 than a tu-tjority of -all, t-ho 1,,,emb era or saw 01ty CrinneV t a ,�O:Ld on thq 7th tj -IOVO Mb, r,9 13 raguirtr vv,,,-et4,n;, OT , thorev: t, 14 1960�� bw, the followi7ae vot6s 15 AYES 4 16 WELLS, LAMBERT, STEWART9 WAITE GISLER 17 18 110,2ft 19 NONE. 20 AD MUM2 4 ov.,A-1011mms 21 NONE, 22 23 THE' FOUCCING INSTRij!4ENT IS A CORREUt COPY 0F2Ai,--. ORICIRITAL Ui Fd-F fiq T-J5 ATTE,S-1-25- PAUL C. JONES City Clef of SiMst of the Ci2,7d iztcon 1"'Scaceht cam-1cmia 29 3Q s 11543.5. When. local ordinance may require payment of fie® for approval of final magi, rt heal ordinance may rrrplirc Cite pay tornt of a fee as a rnnrlition of npproval of a final subdivision tnap fn.r purposc6 of dorraying the netual or esi dna.ted costs of cou- struet.ing planned drainage facilitiea for the removal of surface and storm wntrr, front Inr:ll or nci;thbot•111,od 111-ninngo area.;. tiuc•h ioral ordinnu.-es may require payment of fees pursuant to this scrtinn ir: (1) The ordinance has been in efTr1•t fnr a period of 30 days pHnr tc the Me nr the tentativv neap or any subdivision for which pnyllwilt of a fee Is 1•rrlllirnrl; (2) The ordinance rerr•rs to a drainage element, of a general plan ndoptrd pursuant to `e(.tion G-, 69 of the Government Code, which contnks an Psthunte of the total costs of constructing the local drainage f.arildho required by the, plan; (3) The drahmap plan, in the rase of a city, Nituated in it county having. a coluity%%idi. draiinigo plan, has been determined by resolution of the governing body of the county to be in conformity with the county drnina�_-e plan; (4) Tion costs, whether actual or rstinlated, are hated upon find- ings by Mr governing body That sobdiyicion and development of property within the planned loyal drainage area trill require con- Qtru.•tJon of flip ra:•ilities drscrihrd in the draknue plan, anti that the fees are f.1 .;y npnnrtinn•,-1 crithill the I,,0 dimiunzo area either "Ti rho le:. f i. It• . . • 'r ! .. : , t' . •c 1` .t. .,-•�j for stth division or on the need for local drainage facilities rreated by the proposed subdivision and development of other property within the local drainage area ; (5) Thee fee as to any property proposed for subdivision within a Ineal drainage area dons not exceed the pro rata share of the amount or the tMA nr•rual or emimattoi e..,ts of ail facilities whhin the lawl drainage a.rca whkh would h.- a,.ses,rlhl­ ,n ,uvh pr(il-rty if su h casts wot—v apportioned uniformly Inn a per acre bads. (rt) Tlw drnina_:o M'dltlr5 planned are in addition to existing lmol drainage facilities scrvkg the area at the time of the adoption of the drainage Man for the area. Fos recyhTd by an ordinance ndoptrd pursnaut to this section nhali he pail into a "planned local drainage facilities fund." A soparatc I'mid shall be established for each local drainage area. bioungs in situp fund shall he expended solely for the eon5trnl•linn or reimburscnlent. For construction of local drainage facilities within the onnnod heal drainage area from which the ices comprising ihr fund were collecied. An ordinance adopted pursuant. to this section rimy pmvide Or the arcrptnnee of cash or of her consideraf inn in An of the p;Iy ucnt. of fors. A c.ounl y nr city imposing fees pursuant to this section way ad- vance money from its general fund to pay the costs of constructing drdnnge facilities within a IMRI divibut re wren and reimhnrsn the penrral fund for snrh advances front the planned local drainagn facilities fund for the local drainage area in which the drainage, facilities tt-on, rnustrlu•led. A county r1r city impnsing fees pursuant. to this section may in- cur an inrlrhiednoss fnr the emistrud6n. or drainage facilities within a local drainage area: provided that the solo security for repay- mcnt of such indobirdness shall he moneys in the planner] local drainage facilities fund. This section shall he rfYo lkv until the nbMy-frM day after final nd,jrurllnll n1 4 ihr 19M R1•;.tlli:tr `essinn of the T,r,gisLonn% [Added 04RA OUNTY FLO OD CrON'ROJWROC.T P. a. .ox IOT. OOUOrT � , 4 MOUM AbSIM 99ANTA ANA.'OALIPOOMIA Ci. M QIMORME J. 06 BOMS tMM M000 OOMTROL CNDINQ(p T9L9Pt10MZ1 AA0INT'"T n.000 OOM"OL B0090MQ`R 7CIa�aLr 9-3771 Ca. 867 JUN 2 9 1960 FILARe. C4.61 Tract no. 37" Federal Housivig Administration 215 Aerican Avow= Lowe Beach, California. �t The wed of ftpsrvisors bas this date approved an agroement bstwou tiw Orasp County Flood Control District and the City of asatizgton Dsacb fact the constroctim of a pwtisa of the Westminster Manna 1 (cum-eat Bond Pro'Joe t me, C-4) from its conf lvence with the Sol" Chica Channel to the vicinity of Graham Avenue. �etion of the war contemplated by this agreement will pr a mans fat satisfactory drains" of Tract 3798. Approval of the t by the City of Suntington Bomb is am required after which the work will be immbdiatel �fer- taioeso smith a target completion date of DeceWber 150 1 . It is recommended that an additional rat be obtained fro® the City Raginsor of Rmtington Beach certifying the city's acceptance of the agreement and giving asawasm that the tract design will be nab that effective disposal of local rewff into the Westminster Cbanwl will be obtained. Very truly yours, ,/&L4jQa4 C. Flood Control Engisaer wQ®gP 1 „���' �A45A!!U G► tlt :fit Rts ,.,:wF;.c a t�*+c! _. HUNTINGTON BEACH ,,.' .,_. ►fw n ewu.H+ MUWARD K +,NrTil UNION HIGH SCHOOL DISTRICT "”" " '" ""'leNti `Mk•19�M• R!•+�1.�pl 6�:If N�M+!h(±++ + 41'61w4 Mw •["Willi ARCH F Lt3i.OWTT "UNTINGTON Nfr^C t. CAL11lk HN'-A CLBII iI . G >,i:UTY E F. •NAGA*. WILLARO M. #AWLIK Ives "VIENTUMM ST-W LT vw+w+ 11A,huA r+wgeLM 011& - H:4++ n I A IJW ;iAvio m PAYNE. 4HAMLP5, S 1,44kb"a RAY M. Jet:.-HA11YY Ka ! 196,0 W#"i sohli i 1tt+0 r�tiiR . .. Grar4o lounty Ylood t'+Ontrel t�. 0. 4ax WIS giants, Anal, California Attention Xro 0abo yo The %mtington 'Reach Wom High School Distrait. to ^ontosp`tat ng tho purcuse of four *Aoo of approximately 60 aaJio# a thg u�4n which they .rill be -t struot.ing high sa[xool fadiliti*se ufare we got too far into aedottatt=o for the P+:r�``- se of any given pioao or p!ot orty we like to prier as no* as possible, abw4t any --i8ts which awV be invdl:#ed in p rivpari n g tn* property for proms use by the di st riet. Therefore, we JI aki l d a},area.A A any inforuation you may give an nWar&ng problems of draimWo and the aosts ° $an may be involve& Site locations being sonfictored am nuab errwd as fo1 Iwo i le 29 IFIrst priority u ftret alternate 2C 30eend alterrAte 29 Third alternate �. 7A first priority 79 Alternste 5k ?I-rot priority _ No altormto at tho Preso-It tioe 40 lie. 6 first pf"I mity c No alterrate \) Maps are orcluods aloAg oV*rty 41overip'tiona. In o" survey of the property we have netlood U<at , is a flood eon rol on the aaat and &W&th aide cf a parcel identif we the +weber 2D an th,* * }a .. tior- Vnel.osed. 0 .6Wa r® them �14 � a uroh. .a�s+-Je�te t^ a.z� * I�} built 'n +rJis 100atioa. Tiurnf6ma we art woniari, ;r �nxi.-f a.Y., t' if* on the a*$ of constructing `nrid"s &ernes t6a fl-*,Pd ,„aW '0 uhwnft1. VPur Ali.1 this matter weeld be &WreciatWe w f Y ' �� 4l✓ _ u c� a'. '. c� �.. ��p 'r' .�K t�/'?:'s +.nni r>f L.s, to`i h� y -u s`' K c �. � i.,.��'; '� �si =`;, t. T f+� } t�4' r ,, :.n�.: ':�1; 1i Z �. � � � � + �r'f �?=ti:•'a( y: � h, �.,:is;,. ri`6 ,;cif€-, `FJr. �„Y'� '�k'�'"':..�.:.''���''�°`T��{,'��rt���d�.�itrr ttii �f���'�'}�:t��'�M` y r . 4. p.: 4Y 1' �, ,r� .ti�J� Ch � 'i �p� i„' u �� fir d � ��' �' �! t rlii' 4 t ��S',:. .9. r �r r.� , >' ♦ d y� , r i • � •it ''� S T 'S 4.t � �� j���`4 Y �' � h�lYS� Y � V... `� �. S,. x.. FSv,• � ..+'..��, t "`�+�� .�..o- F�{',r,: �M. '1 7 ��. c, :\�' .� .t!-�frni�•` w���''�,�ty,.�.4�..� h. yr� F4� �,k �.� r:�+ .��' � ) s. .. _ ' °: .t�':L ?' y.s,' r �,`' T: ' ��� .. } ` �.y y � i � � i Y �, ♦1 �t Y 1M t a y��s��A�'t.� ,r�JJ�.r<�Ifj'..�' t u11���'' '°i� � ! �`.!� � s`�X �, � �'t�ibv�cH `��iyRS*ty'� xct���' h' k�'�.t utf+N^S. '�:' '•',� � 4'r {�'{.% �' 1 1 z'ti7Y, ° y. .F. � r '�`,.'`h �+: � „c, ..�`'�'` ',� 'r}rrA4'..•� �''} �N, ,.y��,: �� �n_ i r x. ,�Y.. � ,� ti ��� i r'. .t HURTMME DRUM Mon Emm moat. Dot' Fame ar POSSMix STM FICP Frrm R SCHOM3 Assessed Valaat too + borax-!Pates �0r 11 Und ' Totsl C onmeata } 2Aa_KE oamr %eItaw 5 Y 1 Y $2:+,F�iO� $ $24^0* Pwtioc of aax*W recoutly WchamA bg' k Srwinadale 1 I. ort®ee, aa+ far s�ivisioe. V3/4 3: 2 SW 1/4 ' 1111 ' GravitT flow drals possible to dit4b 3rwc 15 1. f j aarose Springdale. ' ! I Tsrrai.e & moil oonditiom *am I 1 iPossibly in mach 2oM of atr=VW% i ! appr exists t aly 3/4 WLIAo dlst sat. 2B--.SE oorrlar Si eltse►r 38 1 6 6 33.4200 3.O30 36,4g00`I)ravitp Y.cw drai qM sift bs poeAble to 4 S ` CC* diagonally AwItmw WA W3/4 111/4 j by 1®. 22 TWP5$11 i, I Terrain drams off gradnal13 and pant ditlsu probabXy Saammasas to U aar wr. Pu eas ibly iz approac& sow of airport gPQrt"ru5ately 3/4 mdie s dlsta nt. X-•-11 of Swaltaar and. 58 � z 2 � 33.9�`1 330 90°�Fr*,atage oar one street only. betaasen Springdale, I 12ravi.ty flow drair*Ca possibla. and --kaAdO West # (Terra In dropin sff gradmIly and peat am- KY/k 51/2 W'1/4 a ! ' ' dition probably i.ncro&ass to tto *&At W1/2 31/2 531/4 j Approa. Y ails dist-axt fry airpw%. s*,3 15 TWP5z I °1112.1--Vw oarow .l toss' 50 1 i 21,140* j 24 Y4O''}Port 1m of Po nk propertg In area prop . & 3Pr 1 etI® for i►dae tzi al mcaWLeg. E3/4 31 2 M/4 Gravity flaw draLemp poselbW to ditch See 16 '1 PAt i along easterly A woutAWIg TwrW.-a and soil seafttimm Dimuses ditsb mbw &am= dIftUalt. eibly in apt saam of UPP-Oxtuats,14 3/4 Ed) Oefta% Assessed ealastimw e"imated on beat@ of fractLeml tioos of lorw ©M-06" of aehlob the" a" s Port. a$ Recammumted for & uition with O+Am r bites prcipa»d as mltermtes vitb peioritdr 16 Oudw 118tdd. at all sit" to be requested frcm planoiag oamnlasioaw and 4�4 t% J21 vfH JOD V.9 LF V4 �74 zt- 1"-i lvn 0-1�11.wl OF POW= 3�-Mt ;rA llF"rM& q:x. E-MM4 of ic" C+--1 110, . "CrIl" -40, 4& Of pro;cew.; elfflmntazy mebw! site, 5cme dopressian of twin co rl". --wirnar. Very i 1r to N7, of Otto 4W'.OW-k"g tc %15A 214;2 Ifin!4 w I 71 Rll -,or tier of 87-10 4.7N"I Te:-ralc slopes to west and. smstarly boundary of high seboal dlaot-r` r acres r-12 LM;M-/h iA- -V of 7&lbert bot-vw9n 56 Z,2#101 25#420" -a wall located for rawly propoved ScUliard wid l4ky 19. &ma #5. 7, of SP tranks i Torraln is samvA-,At rolling. 5om keve',. a-M 4 3oo 26/4 la/ n-,c*e6Lry. ; 54c-uth ',6 4mas ',.- clivided icitz rpjaw-oao Very mrall 10".j. E Of ftshard 4 3 Of I Por Eli SIA ;tl e,Oan 4,Ou lz,w;* A,3!,cs* Sft sb&rd from ?o=taln Valli g School. ITTV@ c*nd m lt4 $ apgaor xaw wable. MY ev.duth cf SA Fr*ewV �c' cd co(-a Vto n -for walk-Ine frm side rl'aht-C-11-mmy am of ll'xs g for mwi,7 pawavamd attonUrica mm/4 XW4 -Uc 3c &roe 49 A&DOSSed valastAmw Gatunt" go beffm 2"StIOMI V@619&,LSAM Of -laraw Darec4a of ftlab MOM am fq 4-4 tion ld%k ocimw aL!11=. to adew Itotedo Ajpl;Fm4 4t aU I'R to alp f N tD♦ ! N� 'l Mqr 1Oki f17 M A 9IF 4 1 � 4f0 fb.. r I,iIJ O � '� W 14 � ►Q d 6� 1* 19 IDS 19 4 40-7 ._. . a • d ra r4 r I G 4W i r .• .•: AVr • N am i, C184RICT UFm � P Lam � Y®�1 +�aata �... .. ..r.,_.... I.._ -------- - - _ - T4 or ft' +tom -*A r :6 57 ' #V,9r* i 9M0 rM,440* ftst of Ceftle P. cDePMs 3ch:,ol & sost of Proposed,, K"tiT achool as to a=ea Swq �3 sPA Very 1tw to gR of mite smumA:rwz tc Ho-au 2 MN mf vk see '13 i oar C9 Avgar b 561 i 1 23,8601 970 Zvi,? • Terrain slopee to vast end. wry On eamtor y boundary of bigh school district. lee 13 w5mi d of Y&I. boVwa u 36 ? 7 23.010* 2,410 25,4ZD* Land is wall located for nmly propote: -,arL:,ard and %W 39. attet aaeo araa #3. R of -W tracks Temim is smembat roll Uq. Sam laYt i.- I* W2 MJ4 Sea 26 lirg n MM70 , _ .]► I South 36 acres ie divided into r"merous very mil' Lots. i f #;- - f vaebmY4 S of SA 56 5 3 26,000* 4,000 32,OMO Acrues ward f.-to yoantaln Val1iq School. J,,Av z%y. Fm K112 2 Temin 4 soU ooediUam eppear fsvczable. 4i of sa eamw Oood loeatt� aei for • ig from either eide sv r� 2 of fraoa for newly proposed attaWamas 30 area 06. i valmatImo a.t� 81ra�laaal,talsaal L mar tbom 2ts � n of +eta f� ao F- tk a BOISA _ i10 , 7 1� 74 �S t t t { `p f fu vf ti _ a I ►, ,40 ' �c 41 suC,A aq � i z4 13 y '� ,.f¢ q HUlIrIMTON BEACH UNION FM SCT=L DISTRICT RESUNS OF PMSIBLE SITES FCR FUTURE HIM SCHOOLS C Assessed Valuation pApprox. no. of o Lard 'W� Total Caments Acre Parcel Len mente ArMD -L,E ARC&7,5• f 6, - •07A--Yw corner of Sugar 5? t 3 3 $27,930*1$ 51Q ;2°!,f►1J1 * vast of Cecile B. DeMne School 'i most Nevlai-ei of proposed elementary school site. SM/4 W1/4 ex SW 1.88 &,me depression of terrain on NE corner, acres S0c 13 and Very 1ov to NF of site extending to Bolsa. 31/2 NE1/4 0 1/4 Sec 13 TWP5111 7'B_-5W r C cf ., ^R a T 1 corner of . .gar �� i I 23,850 870 �4,,,0 Terrain slopes to west and. Cannery ; On easterly boundary of high school district. E 56 acres WL12 ;MJ4 Sec 13 TWP5R11 «5A-_Ai of TaiL�ert between 56 7 7 23,010• 2,410 1 25,442:"`, Lary-, a s+ei1 located for rawly proposed Got':ard and RwY 39. a:Lendarce area $5. E of SP ;woks j :cjrr4ir, is somewhat rolling. Qom® levei- 53/4 WI-12 SP.1/4 See 26 � � ling n---C'A3&ar. SJP TSHll South 16 acres is divided into numerous Vert• A7,A11 lots. i E rt ?.:shard 3 S of SA 56 5 3 28.Oxo� 4 000 ! 3?,000*1Acrc:�� `''_a jard from ?cnr.`ai.r 7-11ey Sc2:oo1 Ftoway. Por AI1/2 In/2 lilc-od Terrain & soil conditions appear favarabin. south of SA Freeway � ` iocatior for dalking from ei':endance her si(le { freeway for new right-or-right-of-way ex S1/2 of ff,. lY proposed att 3WI/4 ST--a/4 Sec 30 area $ "WP}RJO Assessed valuations estimated on basis of fractional valuation of larger parcels- of which these are a part. •' elU to for soMu t4tion frith other site® propose¢ as altercates. with -priority in order listed,. Approval of all lU to req ��ead rrm pLrvdng comissions and mreau of School anhing; COWRY _4ND ASSOCrIAI'Y'ES CIVIL ENGINEE'JRS SIDNEY L. LOWRY 1020 BUSH STREET ASSOCIATES PRESID_Nz' SANTA ANA, CALIFORNIA -.- MILO K. KEITH Telephone HARRY C. BILLINGS Kimberly 3_6283 e r Is 195 James R. Wheelers City EnSineer ty Half Huntirtston seaaho California Dead' rtft. Wheeler: i .e: rea'Ce J5r made to our tonver Lion o 'Nora , , relative to t ton of a master storm 4ra4.n plan for a Lion o � bent Valley" in the City o % 8ton each. Wo wish to inf, you of completion of t o prelimlmry Search t d by tys an4 that all related laformti o to eeted and avaluate4 for use in prepav the storm, r Tile limry se h ' ,salosed vhat further studies should de such t an, adoq=te stogy: drain sto"' l be evol !,,jo propose to furnish a storm turfy invelud he following: . Recomended e t n 8 or raod-if ications Isting o oposed Oxnp-nge Gonrtty Flood trot Basil tiv. . Tri t rm flows from adjacent areas ous . eof the City .lizits that terminate withW the City bits. . rropose new stovi eiraindisprosal systems of two types a. Gravity systems ere feasible. b. 21umping systms for the areas lying below high tide elevations. . 'Estizated costs of the storm a faeiliti S. R. 4, last City . . r its final form will owntala Adequate usfozvAtion to asaut the city in plamtngand . .or th area. r fir. tq the , rl for U f $0.60 per , # oavouted upon tho "r"Se wtthia tha City 11mits Only* aft t W14 the t liatts as, dozor at hwilt bo icredited the report "on r authorizatim s. Respectfully LaYMY 40 413"XIA S e V S a~-hr Q AE 4- 2- �7-4c .� l 4s L Ar- Jodie �. i • - •" t �(pa AC,J v c 1 { `:. , too t/ v 3.6 coo • i• l yCIA[ " !vo �► � Q aat 17i�C�? LOWRY AND ASSOCIATES CIVIL ENGINEORS SIDNE',Y L. LOWRY 1020 BUSH STREET ASSOCIATES PRESIDENT SANTA ANA, CALIFORMA -- MII.O K. KEITH Telephone HARRY C. MIL."INQS Kimberly 3-8283 111. Z. Salisbury, Qhiaf Zngineer Los Angeles County Flood or,trol District j2250 Alcazar Street Loa tvAgeles, Coall c -aia. Attn: fit:". W. J. ymnatta i Asslt. Chief Engineer Dear it in response to teiep ne conversation o Uarch 21* 1960, we av d th s request. We hav � ' ern reta . ed the City of Huntington -ach to study an prepare a st storm dr::n plan an report for certaix areas which a ubject to heavy flood- in . The estimate cast f two alternate plans (rein- forced c ncrete pipe twee s oncrete i i ed open channels) indicate 'I difference o approximately 30% in favor of the open chann it has b en our past experience, however that irate ice cost are extremely higher in the open channels. In order that we can complelZe an n ual. east study we would very much appreciate if you could furnish us the following Information If possible: . post of maintaining concrete lined channels. . Crest of maintaining reinforced concrete pipe strum drains. C M. E. Salisbury: Chief Ensineer Los Angeles County► Flood Control District 3.d22-60 page 2. . other miscellaneous information concerning complaints$ hazards or pertinent informa- tion which your District has accumulated in the yawning and operating of storm drain systems. Thank you again for, your our consideration and time in this requests 'fiery truly yyours t Lowry and. Associates Hilo K. Keith cc M. Jim Wheeler City Engineer City of Huntington Beach LOWRY AND ASSOCIATES CIVIL ENGINEER SIDNEY L. LOWRY 1020 BUSH STREET ASSOCIATES PRESIDENT SANTA ANAL CALIFORNIA MILD K. KEJTH Telephone HARRY C. BILLINGS Klmberly 3-8283 March 22,. 1960 Mr. James Kinkaid Director of Public Service City of Long Beach 1601 San Francisco Ave. tong Beacho California Dear Ur. K kaid s you know from re t phone c ersation, we have been retained by th Casty o Huntington ach to study and prepare a maste storm dra, plan. The study s for areas which are ver sim la o the type of terrain and development in th ty Beach, and we fecat your experience in I . nta. in a different types of storm, drain syst will gr tl ssi.st us in planning this new system. `h are we possible playas for development, pipe cyst or concre lined a n channels* with a apro i tel r 3 difference i firs cost, however,, r believe the rein. enance costs wil the deciding factor In the final se ction. We ould ve much appreciate if you could furnish us the oll ng maintenance Information if possible* 1. Methods and costs of maintaining concrete lined channels. 2. Methods and costs of maintaining pipe storm drain. Mr. .James Kinkaid Director of Public Service 3-22-60 Page 2. 3® tither miscellaneous information concerning complaints, dangers or other pertinent information you have encountered in the maintenance of storm drain systems. Hope this request doesn't involve too much; work for you and your staff® Please tell them all hello for me and that I will try to get by to see them at the first chance i have. Thanks again for your time .Jim. Respectfully requested, Lowry and Associates J �y Milo X. Keith MKx%*M CC m Mr. .Jim Wheeler City Engineer City of Huntington Beach