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Abel, Jarrard and Company - Reimbursement Agreement 87-W2 -
REQUEST FOR CITY COUNCIL ACTION Date December 21, 1987 Submitted to: Honorable Mayor and City Council Submittedby: 'Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acting Director of Public Works Subject: Reimbursement Agreement E7-W2 Consistent with Council Policy? Ex Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funcing Source,Alternative Actions,Attachments: Statement of Issue: The Abel, Jarrard Company seeks apt--oval of Reimbursement Agreement 87-W2 for the construction of a water line and appurtenances in Ellis Avenue west of Gothard Street. Recommendation: Approve the agreement which established a maximum possible reimbursement of $30, 000. 00. Analysis: The Abel, Jarrard Company, at their own cost and expense, constructed 300 feet of water main and appurtenances to serve the adjacent properties to the south and west. The facilities have been constructed in conformance with the plans approves by the City Engineer. Therefore, Ezcording to the City's Ordinance Code, the developer is eligible for reimbursement as funds become available. Funding Source: Reimbursement will be made from water connection fees collected from the builder(s) who develop the adjacent property. Alternative Action: N/A. Attachment: Location Maps. Reimbursement Agreement 87-W2. LE:JSH: lw CITY OF HUNTINGTON --ACH TO: DEPARTME \ DATE ❑ For your approval. ❑ Per your request.. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file.. Please call. TELEPHONE Mr. Mrs. Miss TIME CALLED DATE CALLED // TELEPHONE NO. 1 MESSAGE 1 0 FROM: DEPT. TRANSMITTAL AND TOR PHONaE SLIP � f CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 1988 Abel, Jarrard Company 18600 Main Street, Suite 300 Huntington Beach, CA 92648 The City Council of the City of Huntington Beach on January 4, 1988 approved Reimbursement Agreement 87-W2 for the construction of a water line and appurtenances in Ellis Avenue, west of Gothard . Street. Enclosed is a duly executed copy of said agreement for your records. Alicia M. Wentworth City Clerk AMW:pm CC: Wayne Lee, Finance Jim Hibbard, Public Works (Telephone:714-536-5227) REQUES t" FOR CITY COUNCIL ACTION Date December 21, 1987 Submitted to: Honorable Mayor and City Council -e__- Submitted by: Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acting Director of Public Works Subject: Reimbursement Agreement 37-Yv2 APPROVED BY CITY COVINCIL Consistent with Council Policy? [X] Yes [ ] New Policy or Excepti Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: a a' Y 9 V Statement of Issue: The Abel, Jarrard Company seeks approval of Reimbursement Agreement 87-W2 for the construction of a water line and appurtenances in Ellis Avenue west of Gothard Street. Recommendation: Approve the agreement which established a maximum possible reimbursement of $30 , 000 . 00 . Analysis: The Abel, Jarrard Company, at their own cost and expense, constructed 300 feet of water main and appurtenances to serve the adjacent properties to the south and west. The facilities have been constructed in conformance with the plans approved by the City Engineer. Therefore, according. to the City' s Ordinance Code, the developer is eligible for reimbursement as funds become available. Funding Source: Reimbursement will be made from water connection fees collected from the builder (s) who develop the adjacent property. Alternative Action: N/A. Attachment: Location Maps. Reimbursement Agreement 87-W2. LE:JSH: lw .00 Plo 5/85 ZONING INDEX MAP 9-5-N 10-5-11 DM 9 D 1 LEGEND 19-6-10•SECTIM-TOWNSHIP-RANGE 16- -II 15- -11 14- 11 oM 22-DISTRICT MAP zz DM 18 D 17 DM15 {{ 7 21- -II 22-5•II 21-5-11 24 DM \�, ,001 21 DIVI 24 DN 23 "S DM 27 / �l�✓ Sl► --LD-C,g77OA LL30��-vi 2 Q,jll 27- II -5-11 23 1 AM ��DH 33 32 CM31 so 33-5-11 -II -5-I 3 II DM 36 OM 37 T {b 38 DM 40 i 5-6-II �-LL 3-6-II k -II 1-6-II 6- 10 10 DM4 DM3 2 To D 6 DM 1j— 9-6-11 0-6-11 II- -11 12-6-11 7-6-10 8-6-10 DM 10 OM 2 . DM t3 DM 7 IDM8 VDIM © 04 Cz 1 M 13-6-11 18-6-106_IO CITY.OF 0 14 DM2019 HUNTINGTON BEACH . - ORANGE COUNTY CALIFORNIA r 24-6-i .o. DM 29 22 100Tm YYOI D,M AIi�fCY,�q Rfp{YTV OTT�.Itl•OdY�Q 4�M / up E SECTIONAL DISTRICT MAP 35-5-II sI CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA EHOT A USE OF PROPERTY MAP n n r r w r r r TALKRT l � AVE. ld C F-R *CLA NGTCIN CIN1RA..PARK) C"'�TY TRANSFER 5lC.:Gii CF-R ,,,, 11 ~a � r u o a w`� FGR^ Lil CF-C vV�-uc� 6 &LOMA pA N 011 YURON 0o AK. �I I ►T:ilfi.i •QR"AGiE ` TOWEM ?Y;SK1 h !qgs Tl cm -------- it tl�CHV 3 ralah�.Al "_ *; .._.__... •a 3 .......... a�rt£t F Z t 1 "RFIELD ONE. wr rr REIMBURSEMENT AGREEMENT 87-W2 FOR WATER MAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND ABEL, JARRARD & CO. THIS AGREEMENT is made and entered into this % h day of , 198�, by and between the CITY OF HUNTINGTON,;2 BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" , and ABEL, JARRARD AND CO. , a California general partnership, hereinafter referred to as "BUILDER" . WHEREAS, BUILDER has at its own cost and expense installed water main improvements, hereinafter referred to as "FACILITIES" , in the City of Huntington Beach; and PURSUANT TO Chapter 99 of the Huntington Beach Ordinance Code (HBOC ) , FACILITIES contain supplemental size, capacity or number for the benefit of- property not owned by BUILDER; and FACILITIES have been constructed in conformance with plans and specifications approved by CITY ' S Director of Public Works and have been duly dedicated to CITY; and Attached hereto as Exhibit "A" , and by this reference made a part hereof, is a map depicting FACILITIES and the area thereby served; and In accordance with the Subdivision Map Act of the State of California and HBOC Chapter 99, CITY is required to reimburse BUILDER for the cost of the supplemental portion of FACILITIES. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows : -1- 1 . CONSTRUCTION BUILDER has constructed FACILITIES at a total cost of Fifty-Eight Thousand Nine Hundred Eighty-Eight- and no/100 Dollars ($58,988 .00 ) . 2 . DEDICATION BUILDER has dedicated FACILITIES to CITY. 3 . REIMBURSEMENT The total reimbursement to be paid BUILDER for the supplemental portion of FACILITIES is the sum of Thirty Thousand and no/100 Dollars ($30,000 .00 ) . Said reimbursement shall be made by CITY to BUILDER upon certification of CITY ' S Director of Public Works to its Finance Director that BUILDER is entitled to reimbursement by reason of connection having been made to FACILITIES by a subsequent developer in accordance with the Huntington Beach Municipal Code and this Agreement , and that CITY has received the subsequent developer ' s service hook-up fee as set forth above . 4 . LIABILITY OF CITY CITY shall not be liable to BUILDER for payment of any reimbursement by reason of CITY ' S failure to collect or receive from any subsequent developer the service hook-up fee for connecting into FACILITIES. CITY 'S refusal to allow any subsequent developer to connect into FACILITIES constructed by BUILDER shall not make CITY liable to BUILDER for any reimbursement monies which would have accrued to BUILDER if such connection had been permitted. -2- -a 5. CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 6 . ATTORNEY ' S FEES In the event suit is brought to enforce the terms and provisions of this Agreement a reasonable attorney' s fee, to be fixed by the court, shall be paid by BUILDER in CITY ' S favor . REST OF PAGE NOT USED -3- v 7 . ENTIRETY This writing contains the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. BUILDER: CITY: ABEL, JARRARD & CO. . CITY OF HUNTINGTON BEACH a California general a California municipal partnership corporation Ro ert E . arrard, General Pa 1, Howard L . Abel, General Partner ATTEST: APPROVED AS FORM: City Clerk Ct At r ey REVIEWED AND APPROVED: INITIATED AND A ROVED: City Administrator p�,�;�� Director of Public Works rf -4- A �� P 60 n--o --- --- A(Z' - -- - -- - -- - - -- - --- - - �C-ld (LAAa,nn_�. -24E�, .� � ��---d�U-e���e�•-� �.e�,�-�.Q.c v ---- - --- ----------- -- - ----- ------- h REQUEST FOR CITY COUNCIL ACTION Date December 21, 1987 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acting Director of Public Works Subject: Reimbursement Agreement 87-W2 Consistent with Council Policy? [X) Yes [ ) New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: The Abel, Jarrard Company seeks approval of Reimbursement Agreement 87-W2 for the construction of a water line and appurtenances in Ellis Avenue west of Gothard Street. Recommendation: Approve the agreement which established a maximum possible reimbursement of $30, 000. 00. Analysis: The Abel, Jarrard Company, at their own cost and expense, constructed 300 feet of water main and appurtenances to serve the adjacent properties to the south and west. The facilities have been constructed in conformance with the plans approved by the City Engineer. Therefore, according to the City' s Ordinance Code, the developer is eligible for reimbursement as funds become available. Funding Source: Reimbursement will be made from water connection fees collected from the builder (s) who develop the adjacent property. Alternative Action: N/A. Attachment: Location Maps. Reimbursement Agreement 87-W2. t LE:JSH: lw REQUEST FOR CITY COUNCIL ACTION Date December 21, 1987 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acting Director of Public Works Subject: Reimbursement Agreement 87-W2 Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: The Abel, Jarrard Company seeks approval of Reimbursement Agreement 87-W2 for the construction of a water line and appurtenances in Ellis Avenue west of Gothard Street. Recommendation: Approve the agreement which established a maximum possible reimbursement of $30, 000. 00. Analysis: The Abel, Jarrard Company, at their own cost and expense, constructed 300 feet of water main and appurtenances to serve the adjacent properties to the south and west. The facilities have been constructed in conformance with the plans approved by the City Engineer. Therefore, according to the City's Ordinance Code, the developer is eligible for reimbursement as funds become available. Funding Source: Reimbursement will be made from water connection fees collected from the builder (s) who develop the adjacent property. Alternative Action: N/A. Attachment: Location Maps. Reimbursement Agreement 87-W2. LE:JSH: lw REQUEST FOR CITY COUNCIL ACTION Date December 21, 1987 Submitted to: Honorable Mayo and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acting Director of Public Works Subject: Reimbursement Agreement 87-W2 Consistent with Council Policy? [X: Yes [ ] New Policy or Exception Statement of Issue, Recommendatioi, Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: The Abel, Jarrard Compar- seeks approval of Reimbussement Agreement 87-W2 for the construction of a water line and appurtenances in Ellis Avenue west of Gothard Street. Recommendation: Approve the agreement which established a maximum possible reimbursement of $30, 000. 00. Analysis: The Abel, Jarrard Compary, at their own cost and Expense, constructed 300 feet of water main P.ad appurtenances to serve the adjacent properties to the south and west. The facilities have beet constructed in conformanze with the plans approved by the City Engineer. Maerefore, according to th= City's Ordinance Code, the developer is eligible for reimbursement as furds become available. Funding Source: Reimbursement will be mzde from water connection fees collected from the builder (s) who develop the adjacent property. Alternative Action: N/A. Attachment: Location Maps. Reimbursement Agreement 87-W2. LE:JSH:lw 1 - ZONING INDEX MAP 9-5-111 10 5-I1 DM 9 DM I IEGEN0 4$ 19-6-10•SECTION-TOWNSHIP-RANGE 16- -II 15- -II 14- 1� „ DM22-DISTRICT MAP 22 DM 18 D 17 DM 15 i 24�51-4�1 19-5-11 �-5-11 21- -11 22-5-11 2 -5-11 24- DM 2 ��DIM 21 DM DM24 DIV 25 `S DM 27 T 30-5-II r 29-5-11 2 `I LI 27- -II 2 -5-11 25- -II /LLM 35 DM34 ���DIf33 D 32 M31 D C% \, DM 1 ,\' '�32-5`II 33-5-11 Y �.3� -II 3 5-II 36- -II DM = 38 39" DM 40 5-6i - 3-6-II 2-6-II 1- -II 6-6-10 54-0 DMDM3 Q 2 �D I D 6 DM 9-6-11 0-6-II 11- -II 12-6-II 7-6-10 8-6-10 DM 10 DM DO 12 1)M13 DM 7 IDM8 R 13_6-II 18-6-10 17-6-10 CITY OF ,DW14� DM20 DM19 HUNTINGTON BEACH - ORANGE COUNTY CALIFORNIA w y 24-6-I 19- -10 DM 29 22 f wr...s corrsHon ncsoumon ❑n munch.-onawnci no.er �'f�� �arra� �54� - �> 133 �� �,� ,� ���� � ZONING INDEX MAP 9-5-11 10-5-11 DM 9 D I LEGEND $ 19-6-10-SECTION-TOWNSHIP-RANGE 16-`%1,1 15- -II • 14- 1 DMS DM IS DM 22-DISTRICT MAP 22 L �0_5\5- 19-5-11 -11 21- �-11 2 -5-II 24 OM 2 OM 21 DM D 4 D 25 -3 DM 27 6 \aN- 30-5-11 29-5-11 24'tul 27- -11 2 -5-11 25- -11 �DM 35 DM 34 ��DAf 33 D 32 M 31 D 0 -O � LL �n32-5\`II 33-5-II % 3 -11 3 -5-11 36- -11 DM 36 DM 37 1 !� 38 39' ' DM 40 5-6-11 `6�L�- 3-6-11 2-6-II 1- -11 -10 DM4 10M3 qA2 �0 I DIJ16 DM 9 6-II 0-6-11 II- -11 9 12-6-11 7-6-10 8-6-10 DM10 DM Lw 12 DM13 DM7 1DM8 © O14 CZ I 6-II 18-6-10 17-6-10 CITY OF vp 1 14 OM2o DM19 HUNTINGTON BEACH - ORANGE COUNTY CALIFORNIA 24-6-1 19- -10 DM 29 D w22 ADWTEO YRON 10.94 0.YNWf CO�W51p1 nE50luTnN1 CITY GOUNtiI-MOlwnt[Iq�N 4 1 REIMBURSEMENT AGREEMENT 87-W2 FOR WATER MAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND ABEL, JARRARD & CO. THIS AGREEMENT is made and entered into this day of , 1987, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" , and ABEL, JARRARL AND CO. , a California general partnership, hereinafter referred to as "BUILDER" . WHEREAS, BUILDER has at its own cost and expense installed water main improvements, hereinafter referred to as "FACILITIES" , in the City of Huntington Beach; and PURSUANT TO Chapter 99 of the Huntington Beach Ordinance Code (HBOC) , FACILITIES contain supplemental size, capacity or number for the benefit of property not owned by BUILDER; and FACILITIES have been constructed in conformance with plans and specifications approved by CITY 'S Director of Public Works and have been duly dedicated to CITY; and Attached hereto as Exhibit "A" , and by this reference made a part hereof, is a map depicting FACILITIES and the area thereby served; and In accordance with the Subdivision Map Act of the State of California and HBOC Chapter 99, CITY is required to reimburse BUILDER for the cost of the supplemental portion of FACILITIES. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: -1- 1 . CONSTRUCTION BUILDER has constructed FACILITIES at a total cost of Fifty-Eight Thousand Nine Hundred Eighty-Eight and no/100 Dollars ($58, 988 .00) . 2 . DEDICATION BUILDER has dedicated FACILITIES to CITY. 3 . REIMBURSEMENT The total reimbursement to be paid BUILDER for the supplemental portion of FACILITIES is the sum of Thirty Thousand and no/100 Dollars ($30,000.00) . Said reimbursement shall be made by CITY to BUILDER upon certification of CITY 'S Director of Public Works to its Finance Director that BUILDER is entitled to reimbursement by reason of connection having been made to FACILITIES by a subsequent developer in accordance with the Huntington Beach Municipal Code and this Agreement, and that CITY has received the subsequent developer 's service hook-up fee as set forth above. 4 . LIABILITY OF CITY CITY shall not be liable to BUILDER for payment of any reimbursement by reason of CITY 'S failure to collect or receive from any subsequent developer the service hook-up fee for connecting into FACILITIES. CITY'S refusal to allow any subsequent developer to connect into FACILITIES constructed by BUILDER shall not make CITY liable to BUILDER for any reimbursement monies which would have accrued to BUILDER if such connection had been permitted. -2- 5. CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 6 . ATTORNEY 'S FEES In the event suit is brought to enforce the terms and provisions of this Agreement a reasonable attorney' s fee, to be fixed by the court, shall be paid by BUILDER in CITY 'S favor. REST OF PAGE NOT USED -3- t 7 . ENTIRETY This writing contains the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. BUILDER: CITY : ABEL, JARRARD & CO. . CITY. OF HUNTINGTON BEACH .a California general a California municipal partnership corporation Ro er E. arrar , Mayor General Pa --� HoArd L. Abel, General Partner ATTEST: APPROVED gASFORM: City Clerk C L-.y At by REVIEWED AND APPROVED: INITIATED AND tVROVED: City Administrator Director of Public Works rf -4 1 �!��!���■ 111111111111111`�. . unuuunu nMNII 1111161111,111 HIM un^ mm�nunn nun . - -■■ ,WIN unn� u❑n """"""1'1 . Mm nun Mile 'la:: /11111//ra IN ME MH oil No MIN .•.... �rIIII 1/�� ,■ �' :: ���II/IIIIi��� ■ Boom MERU ■ �_� 11� ...11�1111�11�� �, _■ ' 1111111111111111111��� �.. - uosn n yrr • � � ICI►����■■� 111111= _ IIuiiliimi �_ • lii�iiiiiii� r�© ©� cqazzazc/ & Co. 18600 Main Street, Suite 300 Huntington Beach, CA 92648 (714) 848-3133 December 16, 1987 Mr . Jim Hibbard Dept . of Public Works P .O . Box 190 Huntington Beach, California 92648 ( 714 ) 536-5431 RE : Reimbursement Agreement 87-W2 Dear Mr . Hibbard, Enclosed please find the signed original of Reimbursement Agreement #87-W2 . Your assistance in the preparation of this document is greatly appreciated. Should you need any further assistance by us in the final processing of this agreement , please feel free to call me at ( 714) 848-3133 . Yours Truly, Robert E . Jarrard Partner Abel , Jarrard & Co. Enclosure C .C . Chron Reimb. File 0. CITY OF HUNTIN N BEACH .4,"gp =0 MAIN STREET P.O.ROX ISO CALIFORNIA E2648 hul E. Cook Fublb Works Oeprrtment olna�lor (714) 53sum LEr'= of TPANSK=AL To: m . Date: 2�I d�?--)-T Project: Gentlemen: life re sending :13 - rewith ❑ under separate covert' mail per your request ❑ per the request of ❑ street iwrvnr ent plans ❑ correspondence ❑ parcel map ❑ estimates ❑ record Beep ❑ legal descriptions ❑ contract doctiaents ❑ grading plan For: �/�.:'rections ❑Yaw file �PProval O your use ❑distribution ❑your information PA arks• cc• REIMBURSEMENT AGREEMENT 87-W2 FOR WATER MAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND ABEL, JARRARD & CO. THIS AGREEMENT is made and entered into this aay of , 1987 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" , and ABEL, JARRARD AND CO. , a California general partnership, hereinafter referred to as "BUILDER" . WHEREAS, BUILDER has at its own cost and expense installed water main improvements, hereinafter referred to as "FACILITIES" , in the-City of Huntington Beach; and PURSUANT TO Chapter 99 of the Huntington Beach Ordinance Code (HBOC ) , FACILITIES contain supplemental size, capacity or number for the benefit of property not owned by BUILDER; and FACILITIES have been constructed in conformance with plans and specifications approved by CITY ' S Director of Public Works and have been duly dedicated to CITY; and Attached hereto as Exhibit "A" , and by this reference made a part hereof, is a map depicting FACILITIES and the area thereby served; and In accordance with the Subdivision Map Act of the State of California and HBOC Chapter 99, CITY is required to reimburse BUILDER for the cost of the supplemental portion of FACILITIES. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: -1- C , ' 1 . CONSTRUCTION BUILDER has constructed FACILITIES at a total cost of Fifty-Eight Thousand Nine Hundred Eighty-Eight and no/100 Dollars ($58,988.00 ) . 2 . DEDICATION- BUILDER has dedicated FACILITIES to CITY . 3. REIMBURSEMENT The total reimbursement to be paid BUILDER for the supplemental portion of FACILITIES is the sum of Thirty Thousand and no/100 Dollars ($30,000 . 00) . .Said reimbursement shall be made by CITY to BUILDER upon certification of CITY ' S Director of Public Works to its Finance Director that BUILDER is entitled to reimbursement by reason of connection having been made to FACILITIES by a subsequent developer in accordance with the Huntington Beach Municipal Code and this Agreement, and that CITY has received the subsequent developer 's service hook-up fee as set forth above. 4 . LIABILITY OF CITY CITY shall not be liable to BUILDER for payment of any reimbursement by reason of CITY 'S failure to collect or receive from any subsequent developer the service hook-up fee for connecting into FACILITIES. CITY 'S refusal to allow any subsequent developer to connect into FACILITIES constructed by BUILDER shall not make CITY liable to BUILDER for any reimbursement monies which would have accrued to BUILDER if such connection had been permitted. -2- 5 . CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 6 . ATTORNEY'S FEES In the event suit is brought to enforce the terms and provisions of this Agreement a reasonable attorney' s fee, to be- fixed by the court, shall be paid by BUILDER in CITY 'S favor . REST OF PAGE NOT USED -3- J 7 . ENTIRETY This writing contains the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written . BUILDER: CITY : ABEL, JARRARD & CO. . CITY OF HUNTINGTON BEACH a California general a California municipal partnership corporation Robert E. Jarrar , Mayor General Partner Howard L. Abel, General Partner .ATTEST: APPROVED AS FORM: ZgAM City Clerk C' t-Y At )ROVED: ey REVIEWED AND APPROVED: INITIATED AND A City Administrator Director of Public Works rf -4- W� r� SECTIONAL DISTRICT MAP 35-5-II CITY OF ( - HUNTINGT ON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP IT" »=s _. TALOERT V � AVE. � 1!; _ CF—R ORANGE (c:Nr!"MN CENTRA..PARK) CN TY --_- TRANSFER nA-,,... CF-Rr (TERf!Y?A.?i7 CllVRCrLET m ARq OR N".:SOP: FORD CF-C 4.OEIITA pR N OR NOE. i F COMIYOOOIIE CR. --00A R1>;Yti+.�E KYS?RAL AMA ~ ~ to '-'------ r ZZ • u a k NT:�t:r f. 9 = 1 1 GARFIELD AVE. »» »» REIMBURSEMENT AGREEMENT 87-W2 FOR WATER MAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND ABEL, JARRARD & CO. THIS AGREEMENT is made and entered into this day .of , 1987, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" , and ABEL, JARRARD AND CO. , a California general partnership, hereinafter referred to as "BUILDER" . WHEREAS, BUILDER has at its own cost and expense installed water main improvements, hereinafter referred to as "FACILITIES" , in the City of Huntington Beach; and PURSUANT TO Chapter 99 of the Huntington Beach Ordinance Code (HBOC ) , FACILITIES contain supplemental size, capacity or number for the benefit of property not owned by BUILDER; and FACILITIES have been constructed in conformance with plans and specifications approved by CITY ' S Director of Public Works and have been duly dedicated to CITY; and Attached hereto as Exhibit "A" , and by this reference made a part hereof, is a map depicting FACILITIES and the area thereby served; and In accordance with the Subdivision Map Act of the State of California and HBOC Chapter 99, CITY is required to reimburse BUILDER for the cost of the supplemental portion of FACILITIES . NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: -1- 1 . CONSTRUCTION BUILDER has constructed FACILITIES at .a total cost of Fifty-Eight Thousand Nine Hundred Eighty-Eight and no/100 Dollars ($58,988 .00 ) . 2 . DEDICATION BUILDER has dedicated FACILITIES to CITY. 3 . REIMBURSEMENT The total reimbursement to be paid BUILDER for the supplemental portion of FACILITIES is the sum of Thirty Thousand and no/100 Dollars ($30,000 .00 ) . Said reimbursement shall be made by CITY to BUILDER upon certification of CITY ' S Director of Public Works to .its Finance Director that BUILDER is entitled to reimbursement by reason of connection having been made to FACILITIES by a subsequent developer in accordance with the Huntington Beach Municipal Code and this Agreement, and that CITY has received the subsequent developer 's service hook-up fee as set forth above. 4 . LIABILITY OF CITY CITY shall not be liable to BUILDER for payment of any reimbursement by reason of CITY ' S failure to collect or receive from any subsequent developer the service hook-up fee for connecting into FACILITIES. CITY'S refusal to allow any subsequent developer to connect into FACILITIES constructed by BUILDER shall not make CITY liable to BUILDER for any reimbursement monies which would have accrued to BUILDER if such connection had been permitted. -2- 5. CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 6 . ATTORNEY 'S FEES In the event suit is brought to enforce the terms and provisions of this Agreement a reasonable attorney' s fee, to be fixed by the court, shall be paid by BUILDER in CITY 'S favor. REST OF PAGE NOT USED -3- 7 . ENTIRETY This writing contains the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. BUILDER: CITY: ABEL, JARRARD & CO. . CITY OF HUNTINGTON BEACH a California general a California municipal partnership corporation Ro ert E. Jarrar , Mayor General Partner Howard L. Abel, General Partner ATTEST: APPROVED AS FORM: Af City Clerk C t At )ROVED: y REVIEWED AND APPROVED: INITIATED AND A City Administrator Director of Public Works rf -4- ` SECTIONAL DISTRICT MAP 35-5-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP RT CF-R ORANGE MR OR WL TALOE"T AVE. AVL ' r---------� r---------�.r---------� r--�-x-� . ~~~ ~^~ AM ~ SECTIONAL DISTRICT MAP 35-5-II w.E .,� ,k CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY, MAP Er EA a Es H 7e 35 TAL6ERT AVE. IC L (WUHTWGTON CENTRA:.PARE) C:0U�TTIle TRANSFER sw....N CF—R r awARID DR =oar. 5 CF—C c DR (.iNE"TA NTF.:7NIPr p B ALEERfA DRYum DR N OR ELUS AVE. :i COMMODM CR. P N IIILJJII[IlIJIJJJ y�Iu = a e w F O W I g P!1 I TA I GARFIELD. AVE. n. CITY OF HUNTINGTON BEACH i ildenrod lfs City Attorney REaUEST FOR LEGAL SERVICES erry Cy ClarkAdm stretor Departmental XlAVt1Nf 10N Mat Date ) Request Made By Department INSTRUCTIONS: File request in the City Attorney's Office as soon as possible.Print or type facts necessary for City Attorney.Out- line briefly reasons for the request.Attach all information and exhibits pertinent to the subject. Type of LaWl Service Requested: [ 1 Ordinance [ ] Insurance I I Other ( 1 Resolution [ ] Bonds [: Contract/Agreement [ I Opinion All exhibits must be attached,or this request will be returned to you. ( Exhibits Attached ocjw � 1 a, L;o If for Council Action, If not for Council action,desired completion daft Signature: Agenda deadline tz�f7 " Council eeeatlng NO 12/78 s �i CITY OF HUNTINGTON BEACH welt• sty Attorney REaUEST FOR LEGAL SERVICES canary City park lea Pink City Administrator tfold•nrod papartnantal HUNnNGMN MACH Data Request Ma By Department DeceMjaer98 Me". Don Noble JH Public T-Torks INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney.Out- line briefly reasons for the request.Attach all information and exhibits pertinent to the subject. Type of Legal Service Requested: [ l Ordinance [ ] Insurance [ ] Other [ l Resolution [ ] Bonds KF Contract/Agreement [ J Opinion All exhibits must be attached,or this request will be returned to you. k:k Exhibits Attached Please prepare reimbursement agreement water agreement 87-112 for construction of oversized water main. Total Reimbursement $30,000 This agreement is in conjunction with public works improvements for DPW #86-122 Abel, Jarrard & Co. at M9 corner of Ellis and Gothard Please call me if. you have any questions. Vl . l If for Council Action, If not for Council action,desired completion dam Signature Agwmb deed8m 12-9—8 7 Counclmt dm 12=21-87 PIO 12no BEQUEST FOR LEGAL SER IY CES - CONTRACT PREPARATION 1 . Name of Contracting Party ��� � • 2. Capacity of Contracting Party: (Check one) 1 ) ( ) Sole proprietor 2) . Corporation 3) ( ) Unlimited partnership 4) ( ) Limitecl partnershi 5) ( Other2�y �Al. dtZ�'T.1 }I P, (State) 3. The purpose of this agreement is d9ir� LE=12r--D I0A P-41ki_ 4. Who will sign the agreement 'What is his/their title` What is their authority to sign* ( ) Owner (General Partner ( ) Corporate officer 5. What is the duration of the agreementL ,years/months(circle No. one) 6. What is the consideration for the agreement (who pays whom and how much?) 7. When and how are the payments to be made (all in advance, all in arrears, progress payments, etc .?) 8. Who will approve he agreement for the city initiating department I • Name, Title * SE�y 2. ABOVE - If 1 ) is filled in then owner signs; if 2) then President/vice president Anj Secretary or Treasurer = copy of authorizing action of board of directors; if 3) or 4) one or more of the general partners. 9. Have the procurement ordinances and charter provisions been complied with? a /No (circle one) �9y2�•`��`' 10. What special risk to the city is involved in these agreements? N ,� ( ) Food & Beverages served, ( ) Construction work, ( ) Motor vehicles used, ( ) Maintenance work 11 . What is' the latest this assignment can be completed by the City Attorney to meet your deadline? dat ) 12. Does the other party desire the city to provide indemnifi- cation? Yes o (circle one) Why? 13. Has the other party been advised as to the city 's require- ments in regard to worker 's compensation, insurance and the indemnity (hold harmless) agreement? �No (circle one) Have you handed the other party a copy of the current reso- s lu ion and certificate of insurance blank to be filled in? Ye /No (circle one) 14. Who is our contact at the other party to resolve the con- tractual problems? ` Named Telephone k4 tz;zm 8-a?( 3� Title Ptz I2 t-47 15. Have you attached a copy of the "work statement?" Yes/No If not, why not? -�• 16. Are any State or Federal funds involved? (j ) State ( ) Federal All requests must be approved by a department head or the City Administrator . (approved) . �-_2q&4 ga%%azcd & (fa 18600 Main Street, Suite 300 Huntington Beach, CA 92648 (714) 848-3133 Mr. Wm. Patapof` August 6, 19a7 Public Works Department City of Huntington Beach P.O.. Box 190 Huntington Beach, California 92648 Re: File * 86-122 - Reimbursement Request for Water Main Dear Mr. Patapoff , Attached please find our letter of October 21 , 1986 and you reply of November 4 , 1986 as to a reimbursement request for over sized 12" water main on Ellis Ave. Per your request we include ,the following information. Original Bids as Follows : 1 . Lonroy $20, 728 No barricades, patching, paving, engineering or slurry 2 . R.P. Construction $21 , 335 it 3 . Southwest Const . $21 , 284 of 4 . M.C . Mechanical $ 19, 965 base - it . $ 7 , 050 to include above $27 , 015 Total price 5 . Speer Pipeline Construction No item breakdown 6 . LBS Pipeline Contractors No item breakdown The contract was let to LBS Pipeline Contractors for $58 , 988 for all the project water installation including the 12" work. This price includes temporary paving and backfill but no allowance for engineering, compaction report, permits or sur*lay. Attached please find a copy of the original contract . Our best estimate for the cost of the 12" work is $30 , 000 Including plans , permits , survey, basic installation, street patching and debris removal . . We also had to repair/replace traffic signal control loops that were in the way of the pipe:--re ditch and haul spoil dirt to the dump . I hope this information is as you requested. Yours Truly, r Ro ert Jarra,d Partner Abel , Jarrard & Co. REJ/ms Enclosures CC Water Line ReImbursement File 1 � � N ©D �=• • �r r7.� av 11111�" � ■ maim- _, ■IIFAME fiiu ■ ��/ � ter_ i■�■ ■!■■!■■■!!■!■ ��_ ��_ ONE NONE �'�i�� IIIII.I�� �■■■■t■■1 i- ■ , 1 ■ �i%Ililllt ' �7■ na11�ou — �■ ■■ ■ EN ■■:��� ,�;■■��■/III - illll�llll� �il�llllll� �■■"■■��1 1�■1■' ■■ e© e© av av SECTIONAL DISTRICT MAP 35-5-II . a i CITY OF HUNTINGTON BEACH 4 ORANGE COUNTY, CALIF.ORNIA E USE OF PROPERTY MAP �- M to w w TALBERT AVE. i .. wurr oN. m CF—R ORANGE D7UUii (H:2.^.EN,T^•N CENTRAL PARK) CGUNTY � --- TRANSFER , $TATii! CF—R ,,. I:E•rxr.PAR=� � �vrsc-_-• i OR f i N N ARID DR FGRC i4 : Ff•R^ J CF—C vc DR (?THE$TA DTkAMNM.r F:f. ----- /. a 6 ALlERT 1 - R Dll YIIKOR DR r7 AVE IFt: uri.:S) ---------------- ' DOWODD/R DR. LV :.r49r - � ...�•PS .i7-KbYF.c ms-7AL Q IA ----_____. n H iia cow dal - HOSP::AI. ZZ .-------- 4i D _ "�YUT� � GARFIELD AVE. ZONING INDEX MAP 9-5-11 M 9 D 10 5-11 D i LEGEND 19-6-10•SECTION-TOWNSHIP-RANGE 16- -II 15- -11 14- 11 DM 18� � D 17 DM IS DM 22-DISTRICT MAP 22 0. I L 24-5-I 19-5-11 -5-11 21- -II 22- -II 2 -5-11 24 I OM 2 DM 21 i D 4 D 25 `5 DM 27 PROLIEC7-" - i, LL30��-5-11 29-5-11 2 °�,�I 27- -11 2 -5-11 25 - _ /DM 35 DM 34 DWJ33 D 32 OM31 JOOOO INf. �C132-5\`II 33-5-II y` �-3C- - I 35- -II 36- -11 DM 36 DM 37 38 39 DM 40 5-6-11vj� 3-6-11 2 -11 1-6-11 6-6-10 5 -10DM4 �DM3 � qA2 �D I D 6 DM ol -6-11 8-6-109-6-11 DM10 DM 12 •DM13 DM7 'DM8 Jed Y'13-6-II 18-6-10 N �17-6-10 © O ----- CITY OF la� DM2o oM19 HUNTINGTON BEACH ,r - ORANGE COUNTY CALIFORNIA 24-6-1 19- -10 DM 29 '22 - .Doom r..cw o.sY a"C coons»M W U4 _ CRT Cp111CR•OIIOINYIQ 1p.n� / . cqazzazd fs Co. 18600 Main Street, Suite 300 Huntington Beach, CA 92648 (714) 848-3133 Mr . Wm . Patapoff August 6 , 1987 Public Works Department City of Huntington Beach P .O .. Box 190 Huntington Beach, California 92648 Re : File # 86-122 - Reimbursement Request for Water Main Dear Mr . Patapoff , Attached please find our letter of October 21 , 1986 and you reply of November 4 , 1986 as to a reimbursement request for over sized 12" water main_ on Ellis Ave. Per your request we include the following information. Original Bids as Follows : 1 . Lonroy $20 , 728 No barricades , patching, paving, engineering o.r ._ ry 2 . R.P . Construction $21 , 335 it 3 . Southwest Const . $21 , 284 " 4 . M.C . Mechanical $19 , 965 base " $ 7 , 050 to.__include above $27 , 015 Total price 5 . Speer Pipeline Construction No item breakdown 6 . LBS Pipeline Contractors No item breakdown. The contract was let to LBS Pipeline Contractors for $53 , 988 for all the project water installation including the 12" were. This price includes temporary paving and backfill but no allowance for engineering, compaction report , permits or sur-:ay. Attached please find a copy of the original contract . Our best estimate for the cost of the 12" work is $3O ,000 including plans , permits , survey, basic installation, street patching and debris removal . We also had to repair/replace traffic signal control loops that were in the way of the pipeli-ne ditch and haul spoil dirt to the dump. I hope this information is as you requested. Yours Truly, Ro ert n. Jarrard Partner Abel , Jarrard & Co . REJ/ms Enclosures CC Water Line Reimbursement File �avtatd & Co 18600 Main Street, Suite 300 Huntington Beach, CA 92648 (714) 848-3133 Mr . Wm. Patapoff August 6 , 19087 Public Works Department City of Huntington Beach P.O.. Box 190 Huntington Beach, California 92648 Re: File # 86-122 - Reimbursement Request for Water Main Dear Mr. Patapoff , Attached please find our letter of October 21 , 1986 and you reply of November 4 , 1986 as to a reimbursement request for over sized 12" water main on Ellis Ave. Per your request we include the following information. Original Bids as Follows : . 1 . Lonroy $20, 728 No barricades, patching, paving, engineering or slurry 2 . R.P . Construction $21 , 335 " 3 . Southwest Const . $21 , 284 " 4 . M.C . Mechanical $19 , 965 base " $ 7 , 050 to include above $27 , 015 Total price _ 5 . Speer Pipeline Construction No item breakdown 6 . LBS Pipeline Contractors No item breakdown The contract was let to LBS Pipeline Contractors for $58 , 988 for all the project water installation including the 12" wcrk. This price includes temporary paving and backfill but no allowance for engineering, compaction report, permits or siar--iay. Attached please find a copy of the original contract . Our best estimate for the cost of the 12" work is $30 , CW00 including plans , permits , survey , basic installation, sty-set patching and debris removal . We also had to repair/replace traffic signal cortrc'_ loons that were in the way of the pipeline ditch and haul spoil dirt to the dump . I hope this information is as you requested. Yours Truly, Ro ert n. Jarrard Partner Abel , Jarrard & Co . REJims Enclosures CC Water Line ReImbL'rsement File c�4&4 qai%a%d Co 18600 Main Street, Suite 300 Huntington Beach, CA 92648 (714) 848-3133 Mr . Wm. Patapoff August 6 , 1907 Public Works Department City of Huntington Beach P.0 .. Box 190 Huntington Beach, California 92648 Re: File # 86-122 - Reimbursement Request for Water Main Dear Mr . Patapoff , Attached please find our letter of October 21 , 1986 and you reply of November 4 , 1986 as to a reimbursement request for over sized 12" water main on Ellis Ave. Per your request we include the following information. Original Bids as Follows : 1 . Lonroy $20 , 728 No barricades, patching, paving, engineering or slurry 2 . R.P . Construction $21 , 335 " 3 . Southwest Const . $21 , 284 " 4 . M.C . Mechanical $19 , 965 base " $ 7 , 050 to include above $27 , 015 Total price 5 . Speer Pipeline Construction No item breakdown 6 . LBS Pipeline Contractors No item breakdown The contract was let to LBS Pipeline Contractors for $58 , 988 for all the project water installation including the 12" work. This price includes temporary paving and backfill but no allowance for engineering, compaction report, permits or sia --7ay. Attached please find a copy of the original contract . Our best estimate for the cost of the 12" work is $30 , 000 including plans , permits , survey, basic installation, street patching and debris removal . We also had to repair/replace traffic signal cor_tro'_ loops that were in the way of the pipe_ir:e ditch and. haul spoil dirt to the dump . I hope this information is as you requested. Yours Truly, �Jarrardd Ro ert . Partner Abel ,. Jarrard & Co . REJ/ms Enclosures CC Water Line ReI.nbursement File SUBdECT�G3�I I�/�f'�1'\.� T�I t�1V I �.�T �QI Imo► � �1ST HB JAt� L.Lj� v DATE���� CC NO. Mrrtacrou wa -rAF (Wwc� ti� C CA 4E-5 g48o 2 Lj'F. ►o) Imo . -t4cDc)_ 1 eg 2S. g' GV CHKD.BY DATE -SHEET NO. OF� $QUEST F'OR LEGAL SERVICES - CONTACT PREPARATION 1 . Name of,�Contracting Party 2. Capacity of Contracting Party : (Check one) 1 ) ( ) Sole proprietor 2) ( ) Corporation 3) ( ) Unlimited partnership 4) ( ) Limited partnership 5) ( ) Other (State) 3. The purpose of this agreement is 4. Who will sign the agreement 'What is his/their title What is their authority .to sign* ( ) Owner s ( ) General Partner ( ) Corporate officer 5. What is the duration of the agreement„_.years/months(circle No . one) b. What is the consideration for the agreement (who pays whom and how much?) 7. When and how are the payments to be made (all in advance, all in' ,aerears, progress payments, etc . ?) 8. Who will approve the agreement for the city initiating department? • Name, Title SEE 2. ABOVE - If 1 ) is filled in then owner signs; if 2) then President/vice president Ajjd Secretary or Treasurer gL copy of authorizing action �of board of directors; if 3) or 4) one or more of the gen�eral partners. 9. Have the procurement ordinances and charter provisions been complied with? Yes/No (circle one ) 10. What special risk to the city is involved in these agreements? ( ) Food & Beverages served , ( ) Construction work, ( ) Motor, vehicles used , ( ) Maintenance work 11 . What is the latest this assignment can be completed by the City .Attorney to meet your deadline? (date) 12. Does the other party desire the city to provide indemnifi- cation? Yes/No (circle one) Why? 13. Has the other party been advised as to the city 's require- ments in regard to worker 's compensation, insurance and the indemnity (hold harmless) agreement? Yes/No (circle one) . Have you handed the other party a copy of the -current reso- lution and certificate of insurance blank to be filled in? Yes/No (circle one) 14. Who is our, contact at the other party to resolve the con- tractual problems? Name Telephone Title 15. Have you attached a copy of the "work statement?" Yes/Nn If not, why not? 16. Are any State or Federal funds involved? (� ) State ( ) Federal All requests must, be approved by a department head or the City Administrator . (approved) EO EST FOR LEGAL SERVICES - CONTRACT E ARATION 1 .. 'Name of Contracting Party 2. Capacity of Contracting Party: (Check one) 1 ) ( ) Sole proprietor 2) ( ) Corporation 3) ( ) Unlimited partnership 4) ( ) Limited partnership 5) ( ) Other (State) 3. The purpose of this agreement is 4. Who will sign the agreement 'What is his/their title What is their authority to signP ( ) Owner ( ) General Partner ( ) Corporate officer 5. What is the duration of the agreement ears/months(circle No one) 6. What is the consideration for the agreement (who pays whom and how much?) 7. When and how are the payments to be made (all in advance, all in arrears, progress payments, 'etc .'?) 8. Who will approve the agreement for the city initiating department? • Name, Title +� SEE 2. ABOVE - If 1 ) is filled in then owner signs; if 2) then Presidlent/vice president AMA Secretary or Treasurer copy of: authorizing action of board of directors; if 3) or 4) one or more ' of the ggo .A1 partners. v i� 9. Have the procurement ordinances and charter provisions been complied with? Yes/No (circle one ) 10. What special risk to the city is involved in these agreements? ( ) Food & Beverages served, ( ) Construction work, ( ) Motor• vehicles used, ( ) Maintenance work 11 . What is the latest this assignment can be completed by - the City Attorney to meet your deadline? (date ) 12 . Does the other party desire the city to provide indemnifi- cation? Yes/No (circle one) Why? 13. Has the other party been advised as to the city 's require- ments in regard to worker 's compensation, insurance and the indemnity (hold harmless) agreement? Yes/No (circle one) Have you handed the other party a copy of the -current reso- lution and certificate of insurance blank to be filled in? Yes/No (circle one) 14. Who is our• contact at the other party to resolve the con.- tractual problems? Name Telephone Title 15. Have you attached a copy of the "work statement?" Yes/No If not , why not? 16. Are any State or Federal funds involved? (� ) State ( ) Federal. All requests must be approved by a department head or the City Administrator . (approved) Sl1BJt,;T tail HB B� _l DATE O 1 GC NO. N`A �raicroN��o+ 10 FVC VVQTER MAN . �o�O LF. 6' f:;VC, WAXER t -41, 010U=. e C-:,ATia VALVE6 2ZEA 4( ROTA L CHKD.BY DATE SHEET NO. OF OJJ WE 750 - 2c5u T - -�---ram ---�-P��_ . -- _ - _��G�����-, - �,��-r�ol•..c, -2zbDCIL - ` t= .- 11 _ ��� . l a.�21� �i.���,�A-c -- ��-�U ►8u- _l� -�-P���rt���--(2�n- - -- -_ -- 4 4 Awe n/(/k- Re -M-t U- -� - ----- -- -4-®- --- - ------------- A.U �D- t 39.15. 1 - 1 --- - -- ---- --- - -- - ► ° ----- - --- - ---- - -- -------- - -- - --- --------- -- --- ---- - f� 14 .20 .010 Chapter 14.20 WATER MAIN EXTENSIONS Sections: 14 .20.010 Application--Deposit--Installation. 14 .20.020 Oversized mains--Decision of superintendent. 14.20. 030 Main size determination. 14 .20 .040 Oversize mains--Installation . 14.20.050 Oversize mains--Cost paid by applicant. 14 .20.060 Oversize mains--Refund conditions. 14.20.070 Subdivided land shall have water rights deeded. 14 .20 .010 Application--Deposit--Installation. Any person, as owner or subdivi er of a single lot , subdivision or tract of land, who desires the extension of water mains and services to such lot , subdivision or tract of land, shall file a written application with the water department . Any number of persons may join together in a single application. (a) The water department shall• determine the size, loca- tions and total costs for such extension, and shall on approval of such extension, ,collect from the applicant a deposit cover- ing the total estimated cost of installing all facilities from the nearest existing main line of adequate capacity. (b) The term "all facilities" includes distribution mains, services, fire hydrants , etc. (c) If and when the applicant has complied with all re- quirements of the water department and made the deposit as herein required, the water department shall install such mains and services , subject to provisions of subsection (d) below, such line shall thereupon become and remain the property of the city water department . (d) In the event the deposit was in excess of the actual cost of installation the excess amount shall be returned to the applicant. In the event the deposit was less than the actual cost of installation the applicant shall immediately pay to the water department the deficit . ( e) If in the opinion of the superintendent of the water department it is for the best interests of the city, he may a4thorize the applicant to install the extension lines at 402 14 .20.020--14.20.060. applicant ' s sole cost and expense in accordance with specifi- cations approved by the superintendent, and such line shall thereupon become and remain the property of the city water department . (Ord. 674, 4 Dec 57 ) 14 .20.020 Oversized mains--Decision of superintendent . Whenever an application for extension- of a main line is re- ceived, the superintendent shall determine whether the best interests of the city water system would be served by a line larger than required by the applicant' s need. In the event the superintendent so determines, he shall require the larger size line to be installed. (Ord. 674, 4 Dec 57 ) 14 .20.030 Main size determination. The determination of the superintendent of the water depar went as to the size of the line necessary to meet applicant ' s need and his determina- tion of the size of the line which would best serve the inter- est of the city water system shall be final and binding on applicant. (Ord. 674, 4 Dec 57 ) 14 .20.040 _Oversize mains--Installation. When the superin- tendent of the water department has determined that the city { water system will be best served by a line larger than needed for applicant ' s use, the superintendent shall require the in- stallation of such oversize line in accordance with the provi- sions of section 14 .20.010. (Ord. 674, 4 Dec 57 ) 14.20.050 Oversize mains--Cost paid by applicant. The cost of installing the oversize line . shall be paid for by the applicant, subject to the provisions for refunds as hereinafter set forth. (Ord. 674 , 4 Dec 57 ) 14 .20.060 Refund conditions. Notwithstanding any other ' provision of this chapter , the payment of refunds shall be. governed as follows: (a) Refunds shall be payable for a period of five (5 ) . years only from the date of the director of public works ac- ceptance of _a main line extension. 1 (b) Refunds for oversize water mains shall be made from fees derived from subsequent development as set forth in sec- tion 14 .20.010 of the Huntington Beach Municipal Code. (c) Refunds shall not exceed 90 percent of off-site con- strLction costs. 403 i r 14 .20 .070 (d ) Refunds shall bear no interest . (e) Refunds shall be payable only to the original appli- cant or applicants . Upon death of applicant, the right to re- fund shall terminate. In the event applicant is a partnership or corporation, the dissolution of the partnership or corpora- tion shall terminate the right to refund . ( f ) The city and city water department shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the main line paid for by applicant . (g) The city water department ' s refusal to allow any con- nection or connections into the mein line paid for by applicant shall not make the city or city water department liable to ap- plicant for any .refund which might have accrued to applicant if such connection had been permitted . (h) The city retains the right to allow a connection by any public agency exempted from payment of connection fees and city shall not he liable to applicant for refund because of the connection. ( i ) Refunds for off-site water main extensions shall be made from fees derived from subsequent development at the rate set forth in section 14 .20 .010 (Ord. 2196, 6 Jul 77 , Ord . 674, 12/57 ) 14 .20 .070 Subdivided land shall have water rights deeded. Whenever land is to be subd v di ed, any water wells , mains and easements needed therefor , which may be appurtenant thereto or which may be used exclusively thereon, shall be deeded to the city in consideration of the city approving any application for city water to be placed on such tract or subdivision . The deed to the city shall be executed before any such application shall be approved by the superintendent . However , where water wells and equipment, as described above, are used to supply water to additional land not subdivided, the city may allow such wells and equipment to continue to supply such unsubdivided portion until such tim(- as such parcel is subdivided into four or more 1-vircels of 1 -ind containing five ( 5 ) acres or less . (Ord . 674 , 4 Doc 57 ) 404 MOW �. CITY OF HUNTINGTON . BEACH 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 November 4, 1986 Mr. Bob Jarrard Abel, Jarrard and Company 18600 Main Street #300 Huntington Beach CA 92648 Subject: Waterman at N/W Gothard Street and Ellis Avenue (File #86-122) Dear Bob: In reply to your letter of October 21, 19 86, you are eligible for reimbursement for the construction of the 12" water main in Ellis Avenue. The Municipal Code allows reimbursement for oversized water main construction. In order to initiate the reimbursement procedure you must submit three bids for the eligible items for City review and approval. We will then request the City Attorney to prepare an agree- ment for reimbursement. After the construction is complete, the agreement will be sent to City Council for approval. Reimbursement will be made at the titre the south side of Ellis Avenue (across from your property,) is developed. I hope this clarifies the procedure and if you have any additional questions, please contact me. Very truly yours, Bill Patapoff BAP:ik ABEL , JARRARD & - CO . 18600 Main Street Suite 300 Huntington Beach , CA 92648 ( 714 ) 848-3133 October 21 . 1986 Paul E . Cook - Director Department of Public Works City of Huntington Beach 2000 Main Street Huntington Beach , CA 92648 Re : Request for Offsite Reimbursement Agreement Dear Mr . Cook : Our firm is the owner of the five acre parcel located at the northwest corner of Gothard and Ellis in Huntington Beach . We are presently completing the rough grading for a fifteen lot industrial subdivision (AR 86-38 , TPM 86-182 and ND 86-32 ) and are currently in the final stages of processing both on site and off site working drawings through the City plan check process . Item *32 of our condition of approval requires that we install a 12" water main on the southerly side of Ellis Avenue . Our tract is taking primary water service from a new in tract public water main that will connect to the existing City main in Gothard . We would like to ask that your department consider an offsite reimbursement agreement for this 12" offsite improvement for the following reasons : 1 ) The installation is larger than would be normal and required for a project of our size , even if we were to service from this new main. 2 ) The new main is an extension of the grid water system and is not needed by our project . 3 ) The 12" main will be . of more probable benefit to our southerly neighbors . 4 ) Our site has a long we'sterly/easterly property line compared to its northerly/southerly dimension resulting in this main extension being disproportionate to our site area . i Mr . Paul Cook October 21 , 1986 Page— ----------- 5 ) Our site is also providing over center line paving improvements , signal control .relocation, major Edison pole line relocation both on and off our property, street profile engineering from Ellis to Goldenwest, and almost 600 lineal .feet of retention to the Heliport and crushing site on our northerly boundary. Your assistance in determining our project suitability for offsite reimbursement agreement is greatly appreciated . Yours truly, CVert E . Jarrard General Partner Abel , Jarrard & Co . REJ: dms LONROY P.O. Box 797 Trabuco Canyon, CA 92678 (7141 858-9314 License #220397 TO DATE: �/Q��t�l c' d 7 here" after calle Owner LONTROY, a duly licensed company, hereby proposes to construct in a good and workmanlike manner for Owner, subject to terms and conditions set forth herein and on the reverse side hereof, the work as noted and defined for the unit prices as set forth below: W 4 d C100 Ave I S </* /3loa) ff o Sf c( 1001 / �- 4700 0) = 900, ° o PJ J T tuo fey Seruiev, 57db e V90 °° _ 3�.Y>. a o 8f tao bra '6 l (2 y,W. = ��e 00 zo 900 � / 4-0.00 00 �] /2 " 6&2�- VaiLe a ea C &00 3�z0 00 4-C fv �re tservlee lo/`� a ea- PI.Oc No joem S no -enaltneearic, 501KAIld6k I .°° need"d on the fol v ing descnbed dP_Freal propeny:Tract Lot in the Citv of CoLmN of California 1. Owner agrees to pay to Contractor for said work listed above a sum based upon trait prices set forth herein extended by quantities as actually installed. Owner shall pay ninety-five per cent (95%)of each invoice upon presentation. The retained balance shall be paid to Contractor thirty (30) days after completion of work covered by this contract, or at such time as the sewer, water or storm drain system is used or connec- tion, made by Owner, or his agents, representatives or successors in interest, whichever is sooner. Late payments shall be assessed interest penalty at the highest allowable rate. 2. Contractor shall at his own expense carry all Workman's Compensation Insurance and Public Liability Insurance necessary for the full protection of Contractor and Owner during the progress of the work. Certificates'of Insurance shall be filed with the Owner if Owner so desires. Acceptance (additional conditions on other side.) You are hereby authorized to furnish and install the above equipment and materials at the price and under the terms and conditions as set forth above on the reverse side hereof: Owner 6 y � Date Accepted: 19 LMOY Engineering Contractors n 110T�Ga�2c3l�ccC�l2 T�O- Nam,,, GENERAL CONTRACTORS SEWERS, STORM DRAINS&WATER SYSTEMS Contractors License*373323 265 So.Pacific Street Office 669-1490 Tustin,CA 92680 PIPELINE PROPOSAL AND AGREEMENT To Abel, Jarrad and Company Date September 25, 1986 hereinafter called Owner 18600 i4ain Street, Suite #300 Gothard & Ellis, Huntington Beach, CA Street Huntington Beach, CA 92648 Tract or Job No. ; City Approx. Quantity Description Unit Price Total 12" WATER 1 12" water/remove plug & connect $ 2,500.00 672' 12" pvc $22.00 plf 14,784.00 \ 2 12" gate valve $950 each 1,900.00 1 12x8 Tee $650 each 650.00 1 - 4" blow off end of 12" $1,500 1,500.00 TOTAL $21,335.00 PRICES SUBJECT TO CHANGE WITH SIGNED PLANS FROM CITY. If Slurry is required for backfill - $75.00/yard 1• $14.00 per ton for Rock 2. $14.00 per ton for base 3. $8.00 per ton for sand 4. Temporary paving only If sand bedding or backfill, or rock bedding is required, to be at negotiated price. All footage is to be measured upon completion. All permits, inspection and engineering fees are to be paid by Owner. Owner agrees to pay 955F,of the total price when ditches are backfilled and flooded; the remaining 5%upon completion. Interest(d 7y,will be charged after 35 days from billing. Owner agrees to furnish water at his expense to Contractor within the tract site In amounts sufficient for flooding trenches. Ali excess dirt from excavations by Contractor shall be!eft at trench site; any removal of dirt from trench site, including the regrading of streets and lot grades shall be the responsibility of the Owner. Any additional costs, caused by changes or deviations of plans or specifications, will be assumed by the Owner. The Owner will assume responsibility for damage to underground pipel1nes and conduits that are not properly located by him (the Owner). This Proposal will become null and void if not accepted within all days after the date shown hereon. In the event Contractor shall institute and prevail in any action or suit for the enforcement of any of its right hereunder. Owner shall pay to Contractor a reasonable attorney's fee on account thereof. ACCEPTANCE You are hereby authorized to furnish and install the above equipment and materials at the price and under the terms and conditions as set forth above. Owner By By Date Accepted 19 t t 905 Eof&ad St. • g"KMt9(or4- b'e4d, e4*vu4 9264 (714) 947-7229 TO: _Mr. Bob Jarrard Date 12/31/86 Gothard&Ellis, Huntington Beach,CA Water 742' C-900 8" $13,356.00 3 Fire Hydrants $2800. Each 8400. 672' 12" C-900 14,784 1 4" Blow off Ass. 1200. 15 1" Water Services 8250. 1 8" Hot Tap 2500. 1 . 8" 900 300. 1 8" Gate Valve 800. 2 12" Gate Valve $900. Each 1800. 1 12" by 8" Tee 500. 2 6" Fire Services, .,, $8000.00Each 16,000 Intersection Work/Gothard& Ellis 3500.00 Total Water $71,390.00 Sewer 519' Eight Inch Sewer Main at $18.00 per ft. $ 9,342.00 2 Standard Man,Holes $1750 Each 3500. 1 Drop Man Hole 13,500. 420' 4" Sewer Lateral $12 per ft. 5040. Total Sewer $31,382. Handling and import of sand for pipe protection,and compaction. $3500. Exclusions All permits to be paid by builders.All engineering ,and compaction reports to be paid by builders. Compaction by Southwest.' Any de-watering needed cause by ground,water there will be additional charge at costs,plus 20%. ZPY All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of One hundred six thousand two hundred- Dollars($106272.00 ) seventy two Progress payments to be made as per completion of work down. ACCEPTANCE SOUTHWEST CONSTRUCTION By: By: 335926 Calif.State Contractors License# RIGHT TO CANCEL Contractors are required by law to be licensed and regu- You, the buyer, may cancel this transaction at any time lated by the Contractors' State License Board. Any ques- prior to midnight of the third business day after the date of tlons concerning a contractor may be referred to the registrar this transaction.See the attached notice of cancellation form of the board whose address is: Contractors' State License for an explanation of this right. Board, 1020 N Street.Sacramento, California 95814. E MECHRniCRL PLUMBING & PIPING SPECIALISTS December 2 , 1986 Abel , Jarrard & Co. 18600 Main St. #300 Huntington Beach, CA 92648 Project: Huntington Auto Center Ellis Street Improvement Construct 12" water main from existing tee on Gothard to 600' west on Ellis with the instulation of one 12x8 tee as per city standards . Install one 4" blow off as per, city standard 608 with rivision date 10-86 . (Proposal based on print prepaired by Emerald Engineering; 18600 Main St. , Ste. 160 ; Huntington Beach, CA 92648 . Sheet 2 of 4 and 3 of 4. ) Piping in street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18 , 128 . 00 Blow off assembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ,837 . 00. Remove temporary patch and replace asphalt patch as per city standards . . . . . . . . . . . . . . . . . . 2 , 300. 00' Sand back fill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ,800. 00' Saw cut street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450. 00' Baracades as per city regulation. . . . . . . . . . . . . 1 , 200. 00 (This includes a lighted arrow board at intersection) Engineering lay-out. . . . . . . . . . . . . . . . . . . . . ... . . 300. 00 " Total $27 ,015 . 00 This does not include any city bonds , or utility fee, or inspection fee . M.C. Mechanical estimates this particular phase of this project to take approximately 8 working days. If there are any further questions , please feel free to call . Thank you, Gregory J. Missick GM/sm 15581 PRODUCT LANE, SUITE C-13 • HUNTINGTON BEACH, CALIFORNIA 92649 • (714) 897-2295 LICENSE NO. 430741 SPEAR PIPELINE CONSTRUCTION Page 1 of 6 118 N. McPherson, Orange, CA 92669 (714) 997-7208 Lic, #426281 PROPOSAL/CONTRACT Client Job Location Jarrard Development Ellis & Gothard 18600 Main St. #300 Huntington Beach, CA Huntington Beach, CA ORDER DATE INVOICE p CUSTOMER ORDER NO. SALESMAN TERMS 10/10/86 2125 INVOICE DATE SHIPPED VIA SHIPPED PREPAID COLLECT QUANTITY UNIT DESCRIFTICN UNIT PRICE AMOUNT Water System $ 85 , 000. 00 Install Water improvements per drawing provided by Emerald Engineering and per City of Huntington Beach STD' S . breakdown 1) Hot Tap (12 x 8) on Gothard 2) 675 '-- 12" Mainline Ellis 3) 3- onsite Fire Hydrants 4) 2- onsite Fire Services 5) 1- inter connection on Ellis & Gotha id 6) 15- 1" Water Services 7) 750' 8" Mainline 8) 1- Street crossing @ west end of Ellis 9) 1- Blow off ***Total Water System*** $ 85 , 000. 00 All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents,or delays beyond our control.Owner to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workmen's Compensation Insurance. We Propose hereby to furnish material, labor,taxes and permits—complete in accordance with above specifications, for the sum of: dollars ($ ) Payment to be made as follows: Authorized Note:This proposal may be Signature withdrawn by us if not accepted within days. Acceptance of Proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do Signature the work as specified. Payment will be made as outlined above. Date of Acceptance Signature SPEAR PIPELINE CONSTRUCTION Page 2 of 6 118 N. McPherson, Orange, CA 92669 (714) 997-7208 Lic. #426281 PROPOSAL/CONTRACT Client Job Location Jarrard Development Ellis & Gothard 18600 Main St . #300 Huntington Beach, CA Huntington Beach, CA ORDER DATE INVOICE a CUSTOMER ORDER NO. SALESMAN TERMS 10/10/86 2125 INVOICE DATE SHIPPED VIA SHfPPED PREPAID COLLECT E] QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT Water System con' t Price Includes- Excavation, compaction, pressure test, 2- above ground backflow devices item # temp paving, hot tap , thrust blocks. ***Price does not include- permanent paving, slurry backfill, sawcutting , City permits, connection fee' s, meter fee' s, surveying costs, or costs resulting from underground inter- ference of structures or utilities not shown on plans or located by USA. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes.accidents,or delays beyond our control.Owner to carry fire.tornado and other necessary insurance.Our workers are fully covered by Workmen's Compensation Insurance. We Propose hereby to furnish material, labor, taxes and permits—complete in accordance with above specifications, for the sum of: dollars ($ ) Payment to be made as follows: Authorized Note:This proposal may be Signature < withdrawn by us if not accepted within days. Acceptance of Proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do Signature the work as specified. Payment will be made as outlined above. Date of Acceptance Signature PIPELINE CON -CRACTORS 16574 Sequoia Street • Fountain Valley, CA 92708 • (714] 968-6177 #C-34-407711 BID PROPOSAL AND CONTRACT TO: ABEL , JARRARD Date: SEPT. 29, 1986 (hereinafter called Owner) GOTHARD & ELLIS HUNT. BCH. Street Tract or Job No.: City WATER SYSTEM GOTHARD STREET ` 1 . POINT OF CONNECTION IN GOTHARD STREET TO BE EXISTING 12 " ACP CITY WATER MAIN, LOCATED AT INTERSECTION OF AUTOPARK DRIVE. 2. AT POINT OF CONNECTION A 8" HOT TAP WIW BE CONSTRUCTED TO FURNISH A 8" PVC C900 WATER LATERAL TO PROPERTY BEING DEVELOPED. ELLIS AVE. 1. POINT OF CONNECTION IN ELLIS AVE. TO BE EXISTING 12" PLUGGED TEE. 2. PLUG WILL BE REMOVED TO INSTALL 12" PVC C900 WATER LINE WESTWARD ON ELLIS AVE. APPROXIAMATELY 673 L. F. , TERMINATE WITH A 4" BLOW OFF. \ 3. AT ELLIS AND REPAIR LANE CONSTRUCT A 8" WATER LATERAL TO PROPERTY BEING DEVELOPED. ONSITE WATER LOOP: 1. CONSTRUCT 8" PVC WATER LOOP APPDXIAMATELY 750 L. F. . ' 2. CONSTRUCT ( 15) 1 " WATER SERVICES WITH WATER METER. ` 3 . CONSTRUCT (2 ) 6" FIRE SERVICE ASSEMBLIES. 4. CONSTRUCT ( 3 ) FIRE HYDRANT ASSEMBLIES. 5. INSTALL NEEDED VALVES AND FITTINGS PER PLANS FUNRISHED. LIMITS: 1 . BID DOES NOT INCLUDE ANY PERMITS, FEES, OR BONDS. 2. BID DOES NOT INCLUDE ANY REPLACEMENT OF ASPHALT OR CONCRETE. , 3. BID DOES NOT INCLUDE ANY STAKING OR ENGINEERING. J 4. BID INCLUDES TESTING AND FLUSHING OF WATER LINE. BID PRICE: $551 455. 00 S �', 9, g oo �AUit>)a j LBS Pipeline Contractors J By: Lanny Collin ,- President Accepted By: Its Company Date No contract or purchase order will be accepted by us unless reference to this dated proposal and contract is contained therein. see conditions on reverse side 11/14/86/JJSI/d1. _065-00. 004 SUBCONTRACT AGREEMENT THIS SUBCONTRACT AGREEMENT ("Agreement") is entered into as of the 20 th day of March , 19_ 7 ("Effective Date") , by and between LBS Pipeline Contractors ("Subcontractor") and _ Jarrard Development ("General Contractor") , with reference to a project located at Corner of Gothard/Ellis PM 86-182("Project") and owned by Abel, Jarrard & Co. A General (:'Owner") . Partnership The parties hereto agree as follows: 1. Description of Work. Subcontractor shall provide all labor, materials, equipment, tools, utilities, and any other items necessary for competent prosecution and completion of water and sewer installation more fully described in Exhibit "A" attached hereto and incorporated herein by reference ("Work") , which constitutes a portion of the work which is the subject of a prime contract ("Prime Contract") between General Contractor and the Owner. Subcontractor shall perform the Work as an independent contractor and shall assume all responsibilities and . liabilities related thereto, including, but not limited to, the payment of all (i) sales, use, transportation and other taxes, (ii) contributions for unemployment insurance, Social Security, retirement benefits, annuities,- pensions and other related benefits, and (iii) other taxes or contributions now or hereafter imposed by the United States, any state or governmental subdivision thereof or any labor organization. 2 . Additional Information. 2 .1. The Work will be performed in strict compliance with the approved plans and specifications of the Project and all other documents described in Exhibit "A" ("Contract Documents") . Subcontractor warrants that it has satisfied itself by its own independent investigation and research, regarding all conditions affecting the Work and materials to be furnished, including, but not limited to, the meaning, intention and other matters related to and all conditions existing at the Project. Subcontractor has entered into this Agreement on the basis of such investigation and independent of any information or estimates prepared or furnished by General Contractor. Information respecting the Project as contained in the Contract Documents, drawings or specifications is not warranted to be complete or accurate. No conversation or verbal agreements with any representative of General Contractor or any other person. or information furnished thereby, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations contained herein. Discrepancies, errors and omissions, if any, in. any Contract Documents have been noted by Subcontractor and provision made therefor in the price to be paid. This Agreement shall control should any conflict arise between this Agreement and any other Contract Document. The Work shall be completed to the satisfaction of General Contractor and applicable governmental agencies. 2 .2 . If the Contract Documents provide for performance contrary to any governmental laws and regulations, Subcontractor shall be required to notify General Contractor, in writing, prior to the commencement of the Work. 2 .3 . Subcontractor shall perform the Work in a good and workmanlike manner in strict compliance with the best of modern trade practice, the Contract Documents and applicable governmental laws and regulations. 3 . Price. The price for the Work shall be as described in Exhibit "A" ("Contract Price") . 4 . Payment Schedule. Payment of the Contract Price shall be made as described in Exhibit "B" attached hereto and incorporated herein by this reference. 5. Commencement, Protection and Completion of the Work. 5.1. Subcontractor shall perform the Work in a prompt and diligent manner, commencing at such times and proceeding as directed by General Contractor or General Contractor's superintendent in accordance with a construction schedule ("Schedule") attached hereto as Exhibit "C" and incorporated herein by this reference. Subcontractor shall finish the Work in conjunction with other trades engaged thereon to facilitate the uninterrupted progress of the Project. 5.2 . Subcontractor, at its own expense, shall furnish promptly, upon request by General Contractor, prints of its shop drawings, schedules, reports or any other data that may be necessary, in the opinion of General Contractor, for distribution to other subcontractors for proper prosecution of the Project. 5.3 . Subcontractor shall protect the Work and be responsible under all circumstances for the condition thereof until final acceptance of the Project by the owner's architect, the owner's engineer and General Contractor. Any items stolen, not present or not in proper condition in conformance with the terms of this Agreement at the time of final inspection for occupancy shall be replaced, restored and repaired by Subcontractor at its own expense. Subcontractor shall store all materials, equipment and any other articles on the Project at its risk; any such storage shall be subject to the direction and supervision of General Contractor. Subcontractor shall protect -2- the materials and the Work from deterioration and damage during construction and shall store and secure flammable material so as to keep the Work and the Project safe from fire, remove oily rags, waste and refuse from the buildings each night and furnish all heat necessary for the proper conduct of the Work during cold weather. Subcontractor shall provide and maintain all temporary walkways, roadways, trench covers, barricades, colored lights, danger signals and other safety controls necessary, to protect the life and health of employees and other persons. 6. Delays. 6. 1. Should Subcontractor be late in the prosecution or completion of the Work by (i) the act, neglect or default of the Owner, the Owner' s architect, or General Contractor, or (ii) damage caused by fire or other casualty beyond the control of Subcontractor, for which Subcontractor is not responsible, and of which Subcontractor has notified General Contractor in writing within three days after occurrence of the asserted cause for delay, then the time for the completion of the Work shall be extended the number of days Subcontractor has been delayed; provided, however, that the time of completion shall not be extended to a date which will prevent General Contractor from completing the Project within the time that the Owner allows General Contractor for such completion. 6.2 . Subcontractor agrees that it has no right to additional compensation or damages for delays, and that the extension of time for the completion of the Work shall be the sole remedy of Subcontractor. 7. Damages Caused by Delays. Should Subcontractor default in the proper performance of its work, thereby causing delay to the work under the Prime Contract, Subcontractor shall be liable for any and all loss and damages, including, but not limited to, (i) liquidated damages sustained by General Contractor as a result thereof, and (ii) any amount described in Exhibit "C" for each day of delay beyond the date described in the Schedule as to the work to be completed by such date. 8. Inspections and Approvals. 8 .1. The Work shall be subject to inspection and approval by General Contractor, the -Owner and the Owner' s engineers and architects, and all applicable governmental authorities. 8 .2 . Subcontractor guarantees the Work and shall indemnify and hold the Owner and General Contractor free and harmless from any loss or damage arising from any defects due to faulty materials or workmanship furnished pursuant to this Agreement, for a period. of one year from the date of recordation of a valid notice of completion with respect to the Project. Upon General -3- Contractor' s notification, Subcontractor shall proceed with due diligence, at its own expense, to replace any defective materials or perform any labor necessary to correct any defect in the Work, and upon failure of Subcontractor to do so within seven days of such demand, General Contractor may, at Subcontractor's expense furnish such materials or labor as necessary to cause the Work to satisfy the required standard. All manufacturers' or suppliers ' warranties and guarantees, express or implied, respecting any material or equipment used in or as part of the Work shall be deemed obtained by General Contractor as the agent of the Owner, as its interest may appear, and shall inure to its respective benefit without the necessity of separate transfer or assignment thereof; provided, that if directed by General Contractor, Subcontractor shall require such manufacturers or suppliers to execute such warranties and guarantees in writing to the Owner. 9. Layout Responsibility. The Owner, the Owner's architect and the Owner's engineer shall establish principal axis lines and levels whereupon Subcontractor shall lay out and be strictly responsible for the accuracy of its work and for any loss or damage to other contractors engaged in work on the Project by reason of failure of Subcontractor to set out or perform its work correctly. 10. Failure to Prosecute Work. If Subcontractor shall at any time (i) refuse or neglect to supply a sufficient number of properly skilled workers or sufficient equipment of the proper quality and quantity, (ii) fail in any respect to promptly and diligently prosecute the Work, (iii) by any action or omission interfere with the Project, (iv) fail in the performance of any duty pursuant to this Agreement, (v) file or have filed against it a petition under any provision of the Federal Bankruptcy Code as amended or make a general assignment for the benefit of its creditors, (vi) have a receiver appointed for Subcontractor or its assets, or (vii) become insolvent or a debtor in any reorganization, composition, or arrangement, then, after serving notice of the existence of any of the foregoing causes and unless the cause specified in such notice is eliminated on or before three days after notice has been given, General Contractor, at its option, may (a) provide either itself or through others, any such labor or materials to prosecute the Work and may deduct the cost thereof from any money then due or thereafter to become due to Subcontractor pursuant to this Agreement and (b) terminate this Agreement. General Contractor may employ any other person or persons to complete the Work by whatever method General Contractor may deem expedient. Upon such termination, Subcontractor shall not be entitled to receive any further payment pursuant to this Agreement until the Work shall be fully completed and accepted by the Owner's architect, the Owner's engineer and General Contractor and 65 days after a valid notice of completion has been recorded. At such time, if the expense incurred by General Contractor in completing the Work shall -4- exceed such unpaid balance, then Subcontractor shall pay the difference to General Contractor immediately upon demand. 11. Removal of Work Condemned. Subcontractor shall, no later than 24 hours after notice has been given, proceed with due diligence to: 11. 1. Remove from the site all materials provided by Subcontractor and condemned by the Owner's architect, the Owner's engineer, General Contractor or any applicable governmental authority; 11.2 . Remove all portions of the Work which the Owner's architect, the Owner's engineer, General Contractor or any applicable governmental authority has condemned as unsound or improper, or which in any manner fails to conform to the Contract Documents; and 11. 3 . Cure all work in other trades damaged by such removal. Should all or any portion of the Work so condemned be of such nature, or the time available to complete the Work be so limited, that in the judgment of General Contractor it will not be expedient to order the same replaced or corrected, General Contractor, at its option, may deduct from the payments due or to become due to Subcontractor an amount that shall represent the difference between the fair and reasonable value of the Work so condemned and its value had it been executed in conformity with the Contract Documents. Should such calculation result in a negative balance of amount due Subcontractor, an amount equal to the negative balance shall be immediately paid upon demand by Subcontractor to General Contractor. 12 . Labor to be Employed. Subcontractor shall employ competent and qualified personnel adequate in number to complete the Work in a timely manner and abide by all rules and regulations applicable to employers. In addition to other remedies it might have, General Contractor shall have the right to terminate this Agreement immediately upon being informed that Subcontractor is delinquent in making payments to any employees, or to any health, welfare, pension, vacation or apprenticeship funds (collectively, "Employee Benefit Payments") or is listed as a delinquent subcontractor with regard to payment of any labor, material or union trust fund bills. 13 . Payments of Royalties, Permits, Fees. Subcontractor shall pay all royalties and shall obtain and pay for all licenses and permits necessary for Subcontractor to perform the Work unless otherwise specified in Exhibit "A". Subcontractor shall comply with all laws and regulations specifically applicable to the Work. Should Subcontractor fail to conform to legal -5- requirements, it shall make all necessary alterations to conform to the same, without delay. Subcontractor shall indemnify General Contractor against any claim, suit, action, loss, liability, or costs, including attorneys ' fees, for any alleged infringement of any patents, trademarks or copyrights arising from Subcontractor' s performance pursuant to this Agreement. Subcontractor shall report to General Contractor promptly and in reasonable written detail each notice or claim of patent, trademark or copyright infringement based upon the performance of this Agreement. 14 . Work of Others. Subcontractor shall protect the work and the works of others from damage as a result of Subcontractor's operations. Should Subcontractor cause damage to the work of any other subcontractor on the Project, including work done directly by General Contractor, Subcontractor shall pay immediately upon demand to General Contractor the amount of such damage. The commencing of the Work by Subcontractor shall constitute its acceptance of prior work of other subcontractors, unless prior damage is reported in writing by Subcontractor to General Contractor. 15. Clean-up. During the course of construction, Subcontractor shall remove waste materials from the Project as often as is necessary to maintain the Project in a clean and orderly condition. Upon completion of the Work under this Agreement, Subcontractor shall remove from the Project all temporary structures, debris, waste, tools, scaffolding, equipment and surplus materials pertaining to its Work and clean all surfaces, fixtures and equipment relative to the performance of this Agreement. If Subcontractor fails to perform a clean up function within two days after notification by General Contractor to do so, General Contractor may proceed with that function as General Contractor deems necessary, and in the manner General Contractor may deem expedient, and the costs thereof shall be charged to Subcontractor and deducted from the amount due under this Agreement. 16. Termination. 16. 1. Should the Prime Contract be terminated prior to completion, Subcontractor shall only be entitled to pro rata payment for the costs of the Work actually completed based upon the Contract Price. 16.2 . Should this Agreement be terminated for cause, Subcontractor shall not be entitled to receive any further payment until the Work undertaken by General Contractor is completely finished and 65 days after a valid notice of completion has been recorded. At that time, if the amounts earned but not paid to Subcontractor before termination exceed the expenses incurred by General Contractor in finishing -6- Subcontractor's Work, any excess shall be paid to Subcontractor. If such expenses exceed the amount earned and unpaid, Subcontractor shall pay immediately upon demand to General Contractor the amount by which the expense exceeds said sum. The expense incurred by General Contractor shall include General Contractor's expense for furnishing materials, for finishing the Work, for attorneys ' fees, and for any damages incurred by General Contractor by reason of Subcontractor's default. 17. Assignment of Contract. 17. 1. Subcontractor shall not sublet, assign or transfer this Agreement or any part of the Work without the written consent of General Contractor. Subcontractor' s claims for monies pursuant to this Agreement shall not be assigned without the written consent of General Contractor. Any assignment without such consent shall be•void, and such assignee shall acquire no rights against General Contractor or the Owner. 17.2 . General Contractor may assign or transfer all or any part of this. Agreement without the consent of Subcontractor. 18. Liens, Third Party Claims. Subcontractor shall make timely payment to all employees and of all Employee Benefit Payments, and to all of its subcontractors and suppliers, and shall keep the Work and the Project free of liens arising in connection with the Work. Should any notice of lien be filed or there be evidence of any claim for which General Contractor, the Owner or the Project may become liable, and which is chargeable to Subcontractor or its subcontractors, or should damage be caused by Subcontractor to another subcontractor's work, then General Contractor shall have the right to retain, out of any payment then due or thereafter to become due to Subcontractor, an amount sufficient to completely indemnify General Contractor, the Owner and the Project against any such lien, claim or damages. Subcontractor shall indemnify and save General Contractor, the Owner and the Project harmless against all liability for claims and liens for labor performed or materials used or furnished, or to be used on the Project, including any costs and expenses for attorneys ' fees and all incidental or consequential damages resulting to General Contractor or the Owner from such claims or liens. 19 . Changes in the Work. 19. 1. General Contractor may from time to time, without invalidating this Agreement, order such extras, additions, alterations, omissions or other modifications in the Work as it may deem necessary ("Changes") . The Changes shall be authorized only on the written order of General Contractor, which shall set forth the additional time, if any, to be allowed for completion, and the amount to be added to or deducted from the Contract Price -7- and the method of its determination. If required by General Contractor, Subcontractor shall submit its estimate of the cost of the Change and of the time required for completion. Should General Contractor and Subcontractor be unable to agree as to the charge or credit attributable to the Change and should General Contractor direct Subcontractor to proceed with the Change notwithstanding such lack of agreement, such charge or credit shall be based upon the actual direct cost or savings of labor and materials plus 10% thereof. 19.2. No Change shall release or exonerate, in whole or in part, any surety or any bond given in connection with this Agreement, and neither the Owner nor General Contractor shall be under any obligation to notify the surety or sureties of any Change. 20. Overtime. General Contractor may order Subcontractor in writing to work overtime in order to expedite the final completion of all or any part of the Work. For such overtime, General Contractor shall pay only the actual excess cost of labor, including excess contributions required by applicable labor agreements over the regular rates, plus the applicable cost of worker's compensation, liability insurance and payroll taxes on such actual excess labor costs; provided, however, that if such overtime is required due to Subcontractor's delay in the prosecution of the Work, Subcontractor shall, at its own expense, perform such overtime as may be necessary to finish the Work in a timely manner. No amounts shall be due and payable to Subcontractor for overtime under this Paragraph 20 unless and until General Contractor receives payment therefor by the Owner. 21. Indemnity. Subcontractor assumes entire responsibility and liability for any and all damage or injury, including death, to all persons, whether employees of Subcontractor or otherwise, and to all property, caused by or occurring in connection with the execution of the Work. 22 . Insurance. Subcontractor shall maintain in full force and effect at all times a policy of insurance in strict compliance with the worker's compensation laws of the State of California, together with a comprehensive general liability policy and a comprehensive automobile, bodily injury and property damage policy in such limits as may be specified in Exhibit "A, " or if not specified therein, in such limits as may be required by the Prime Contract or in a pro rata portion thereof based upon the relationship of the Contract Price to the price pursuant to the Prime Contract. Such policies of insurance shall name the Owner and General Contractor as additional insureds. Subcontractor shall furnish certificates of insurance to General Contractor upon execution of this Agreement as evidence of the above insurance coverage. The certificates shall provide for a 30-day notice to General Contractor before cancellation or modification. -8- 23 . Taxes. Subcontractor shall pay and hold General Contractor and the Owner harmless against the payment of all contributions, taxes or premiums which may be payable under federal, state or local laws arising out of the performance of the Work and all sales, used or other taxes levied or assessed against General Contractor, the Owner or Subcontractor arising out of the furnishing or installing by Subcontractor of any materials or equipment including the payments of any interest or penalties arising out of failure of Subcontractor to make timely payment. 24. Warranties. Any warranties by Subcontractor in addition to those set forth in Paragraph 8.2 of this Agreement are described in Exhibit "D" attached hereto and incorporated herein by this reference. 25. Bonding of Subcontractor. Concurrently with the execution of this Agreement, or at any time during its performance, Subcontractor shall, as required by law and/or if General Contractor is so required by the Owner, execute a labor and material bond and faithful performance bond in an amount equal to 100% of the Contract Price. Such bonds shall be executed by a surety acceptable to General Contractor and shall be in form satisfactory to General Contractor.=Bond to be at Owner' s cost not tc RxS88nt2ac�f the cost of the work. Balance of any bond fee to be paid by 26. AcE or mission of General Contractor. Any act or omission of General Contractor which Subcontractor might claim as an excuse for Subcontractor's own failure to perform shall be deemed waived by Subcontractor unless Subcontractor shall notify General Contractor of Subcontractor's intention to assert such claim within ten days after the occurrence of any such act or omission. Subcontractor waives any right it may have to assert the provisions of California Civil Code Section 1654 against General Contractor. 27. Binding. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. 28. Invalidity of Provisions. If any provision of this Agreement as applied to either party or to any circumstance, shall be adjudged by a court to be void and unenforceable, the same shall in no way affect: 28. 1. Any other provision in this Agreement; 28 .2 . The application of such provision in any other circumstances; or 28. 3 . The validity or enforceability of the Agreement as a whole. -9- 29 . Notices. All notices permitted or required under this Agreement shall be deemed given upon personal delivery or .24 hours after having been: 29 . 1. Dispatched by telegram; or 29 .2 . Deposited in the United States mail, certified, postage prepaid, return receipt requested; and 29 .3 . Addressed to the respective parties as follows: Owner: Abel, Jarrard, & Co. 18600 Main St. #300 Huntington Beach, Calif. 92648 (714) 848-3133 Construction Lender Imperial Bank - Mrs . Lorna Wilson of Record: 695 Town Center Drive Costa Mesa, Calif. 92626-0070 General Contractor: Jarrard Development 18600 Main St. #300 Huntington Beach, Calif. 92648 (714) 848-3133 Subcontractor: LBS Pipeline Contractors 16574 Sequoia Street Fountain Valley, Calif. 92708 (714) 968-6177 Phone No: 30. Modification. This Agreement shall not be modified by either party by oral representation made before or after the execution of this Agreement. All modifications must be in writing and signed by the parties. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original Agreement, and all of which shall constitute one Agreement to be effective as of the Effective Date. 32 . Time of the Essence. Time is of the essence for the performance of each and every covenant and the satisfaction of each and every condition contained in this Agreement. 33 . Attorneys ' Fees. Should suit be brought to enforce or _. interpret any part of this Agreement, the "prevailing party" shall be entitled to recover, as an element of costs of suit and not as damages, reasonable attorneys ' fees to be fixed by the court. The "prevailing party" shall be the party entitled to recover his costs of suit, regardless of whether such suit proceeds to final judgment. A party not entitled to recover his -10- costs shall not be entitled to recover attorneys ' fees. No sum for attorneys ' fees shall be counted in calculating the amount of a judgment for the purposes of determining if a party is entitled to recover costs or attorneys ' fees. 34 . Construction. This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared this Agreement, and in accordance with the laws of the State of California. 35. Miscellaneous. All negotiations are merged into this Agreement. This Agreement constitutes the entire understanding of the parties. There are no oral or other written agreements between the parties concerning the subject of this Agreement. This Agreement shall constitute a binding obligation between the parties and shall be applicable beyond the term of this Agreement. 36. Agreement to Perform Necessary Acts. Each party -shall execute and deliver all documents and perform all further facts that may be reasonably necessary to effectuate the provisions of this Agreement. 37 . Incorporation of Information. All information set forth below Subcontractor's signature to this Agreement is incorporated herein and certified by Subcontractor to be correct and complete. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the Registrar of the Board whose address is: Contractor's State License Board 1020 N Street Sacramento, California 95814 [Signature Page Follows] -11- IN WITNESS WHEREOF, the parties to this Agreement h executed this Agreement as of the Effective Date. GENERAL CONTRACTOR: X IMWM Deve me By Robert E. Jarrard Its Owner By Not Applicable Its Not Applicable General Contractor License No: 330-608 Bl SUBCONTRACTOR: LBS E�'ipeline Contractors By Lanny Collins Its President By Not Applicable Its Not Applicable Subcontractor License No: C-34-407711 Subcontractor Information Address and business phone 16574 Sequoia number Fountain Valley, Calif. 92708 Phone No: (714) 968-6177 Emergency Phone No: None Subcontractors License No: #C-34-407711 Classification of License: C-34 Federal Taxpayer I.D. No: 33-0094155 Worker's Compensation Insurance Carrier: State Fund Policy No: 0796842-87 Liability Insurance Carrier: Ohio Casuality Ins. Co. Policy No: XLW 148206. -.12- The following current master labor agreements have been signed by Subcontractor or an affiliate of Subcontractor or an officer, agent, employee or principal of either Subcontractor or an affiliate of Subcontractor: 1. Subcontractor warrants, they are not signatory to any master labor agreements. 2 . 3 . (Subcontractor's Initials) LBS Pipeline Contractors -13- E_ HABIT "A" 1 . Description of Work. Street improvement drawings dated October 27 , 1987 sheets 1 through 4 of set #291 with information sheets from set #411 pages 16 and 17 ; set #291 page 1 , and Parcel Map 86-182 . Work is to include items # 5 , 8 , 9 , 10 , 11 , 13 , 15 , 16 , 18 , 19 , 20, 21 , 22 , 23 and 24 . Being the :complete installation of the offsite water and sewer system including sewer laterals . Water is to and including meter boxes only - jumpers at rough, meter and box set at finish. Sewer is to deep laid lateral + or - 3 ' from building face - no cleanout , PVC riser only. Sewer lateral trench to be dug as close as possible to building face, plastic riser to be installed if code allowed . Contract includes removal-disposal of spoil dirt , removal-disposal of trash/debris, traffic control , temporary patching, compaction/backfill ( including sand/slurry) as needed, and raising to final grade of all installations ( including any paint touch-up) . Owner/Contractor to supply all city improvement permits , civil engineering/survey, passing compaction test/reports , connection fees, temporary water, and power . 2 . Contract Documents . Three copies of full Civil Engineer drawings delivered with contract . First set additional delivered for survey markings . City standard plans and requirements made a part thereto. 3 . Contract Price . (A) Water . - $58 , 998 . (Fifty-Eight Thousand, Nine Hundred and Ninty-Eight Dollars) lump sum contract payable on progress basis . (B) Sewer - $26 , 992 . (Twenty-Six Thousand, Nine Hundred and Ninty-Two Dollars) lump sum contract payable on progress basis . Acknowledged by: t E. T and anny Cdtfins Abel , Jaard & Co . LBS Piplire Contractors A 1 Subcontract No. Cost Code Subcontractor All work executed as shown on the drawings and as specified to include but not necessarily limited to the following: 1. Subcontractor shall obtain . and keep current at all times a business license from the City of Huntington Beach and submit a copy of same to General Contractor. 2 . Subcontractor shall coordinate his work with the work of other subcontractors and with the General Contractor's field representative. 3 . Subcontractor to be responsible for clean-up of all debris caused by his work. 4 . Subcontractor to schedule all deliveries of material and equipment through the General Contractor's field representative. 5. Subcontractor is responsible for hoisting of his equipment, material and supplies in order to complete his work per the contract documents. 6. General Contractor shall furnish a temporary manlift for subcontractor' s personnel as required by law. 7. Subcontractor may not subcontract any part of the work called for by this contract without prior written notice to and the written consent of the General Contractor. 8 . Subcontractor shall employ a competent Superintendent and/or Foreman who shall be in attendance at this project site during the progress of the work. This person or persons shall have full authority to act on the subcontractor' s behalf and make any field decisions required to expedite the project. 9 . Subcontractor is to secure all necessary permits and obtain all approvals in connection with his work from all City Departments having jurisdiction thereof. All work and materials provided by Subcontractor under this agreement are to be performed in accordance with local .-building codes and the requirements of all other applicable governmental agencies. 10. Any tests or uncovering of the work ordered or required by any competent public authority or the General Contractor in connection with this Subcontractor' s work shall be performed A 2 Subcontract No. Cost Code Subcontractor and repaired at the expense of the Subcontractor if such work is deemed faulty or not meeting local building codes. 11. Job meetings will be held weekly at a location designated by the General Contractor's representative. All Subcontractors must have an authorized representative attend each meeting. 12 . Subcontractor shall lay out his work and be responsible for the accuracy thereof. General Contractor will, however, furnish building axis lines and benchmarks on each floor. 13 . Subcontractor shall perform all cutting and fitting for the installation of his work. However, no cutting is to be performed without approval of General Contractor's representative. 14 . As-built drawings shall be maintained on the job site, marked to indicate any deviations from the contract drawings. The as-built drawings shall be delivered to the General Contractor at job completion. 15. General Contractor, except as otherwise provided in this subcontract, shall furnish subcontractor with temporary light, temporary power, temporary water, and temporary toilets during regular working hours. Subcontractor shall extend these services to meet his requirements from the locations furnished by General Contractor. 16. In conjunction with your performance of all subcontracts or contracts for Abel, Jarrard & Co, , you, your firm and all employees and representatives and their employees and suppliers are required to be familiar with and to comply with all of the terms and provisions of CAL/OSHA that are • applicable to your specific scope of operations. In that connection, we assume that you are familiar with and are complying with the Construction Safety Orders and other orders which are a part of CAL/OSHA. If you or your firm do .not have a copy of the State of California Construction Safety Orders, it is recommended that you obtain 'copies of these orders so that all of your personnel who must comply with them will be familiar with their provisions, not only in your place of business but out on the job site. The General Contractor's field representative has the authority from the management of LBS Pipeline Contractors to remove any subcontractor from a job site for repeated violations of the safety rules or committing an unsafe act A 3 Subcontract No. Cost Code Subcontractor or condition that constitutes an imminent hazard as defined by CAL/OSHA. 17 . No subcontractor is to have direct dealings with the Architects or Engineers, whether it be a request for information, a request for changes or approval of shop drawings or samples, unless the General Contractor gives prior approval of same. all correspondence, samples and shop drawings must be sent through the General Contractor. 18 . Subcontractor to furnish shop drawings, samples, catalogues, etc. , as required for the execution of his work or as requested by the General Contractor. The approval of shop drawings will be general and shall not relieve the Subcontractor from the responsibility for adherence to the contract, nor shall it relieve him of the responsibility for any error which may exist. 19 . The subcontractor shall submit to" the General Contractor for approval six (6) prints plus a sepia of all detail shop drawings required for the execution of his work or as requested. These drawings will be reviewed by the Architect/Engineer and two copies will be returned for correction if required, after corrections have been made. Subcontractor shall resubmit six (6) prints for final approval. Two copies will be returned to the Subcontractor when approved and he will furnish any additional prints required by this General Contractor. Shop drawings will not become effective until they have been approved by the Architect in this matter. 20. The Subcontractor shall submit all shop drawings on dates sufficiently in advance of requirements so as to permit proper processing without delaying the progress of the work. No work shall be fabricated by the Subcontractor, save at his own risk, until approval has been given. 21. The Subcontractor shall submit to the General Contractor three (3) samples of all materials (and certificates related to them) , as stipulated under the specifications, as well as all other samples or materials required by the Architect. All samples submitted by the Subcontractor shall be of sufficient size, as required to present the quality, type, range of color, finish and texture of the material he intends to furnish for his work. All samples shall receive formal approval of the Architect. Please note that any A 4 Subcontract No. Cost Code Subcontractor intended substitute differing from materials specified shall comply with the following requirements: Each submittal of proposed substitutes shall be accompanied with a detailed description of the product involved, including manufacturer' s or producer's statement attesting the basis of equivalency in relation to those specified. None of the proposed substitutes shall be ordered prior to approval by the Architect. It is clearly understood that the approval of the foregoing substitutions -is vested in the Architect's decision which shall be binding and final in all cases. The Subcontractor shall submit all samples on dates sufficiently in advance of requirements so as to permit proper processing without delaying the progress of the work. No materials shall be ordered until final approval is received from the Architect. In some cases, Manufacturer's certificates will be required in lieu of, or supplementary to, samples. These certificates shall be submitted in quadruplicate and. all copies shall be notarized. It is the Subcontractor's responsibility to expedite submission of drawings, samples and materials of his own subcontractors. Any expenses incurred by the Contractor in this connection will be charged to the account of the Subcontractor. 22 . In case any work or materials shall be required to be done or furnished by the Subcontractor as extra work under Time and Material, Time and Materials Proceed Orders will be issued by the General Contractor's representative. The Subcontractor shall submit to the Contractor' s representative each day a daily work report, in duplicate, for checking. The daily work report shall show the name and number of each workman, including foremen, if any, employed on such work, excluding, however, all other supervisory employees, whose compensation shall not be considered an element of cost for any purpose hereunder, the actual number of hours employed on such work, the character of the work that he is doing and wages paid to him or to be paid to him. The daily report shall show the materials furnished and the amount paid or to be paid therefor. In addition to rendering these daily work reports for the approval of the General Contractor's Project Manager, the Subcontractor shall, when any item of work to be paid under Time and Material Proceed Orders has been completed, render an itemized statement to the Contractor showing the total amount expended for each class of labor and each kind of material on account of each item of such work. The daily A 5 J Subcontract No. Cost Code Subcontractor work reports and the itemized statement shall show the Time and Material Proceed Order Number. A copy of the daily work report will be retained by the Project Manager in the office. 23 . Where work is indicated on the contract drawings and is not referred to or described further in the contract documents and the nature of the work is such that it can only be performed properly by a specific trade and/or as in accordance with standard building practices, only by a specific type of subcontractor, the performance of such work shall be the obligation of the Subcontractor under this category. s 24 . It will be necessary for you to furnish and have approved, prior to your first request for payment, a cost breakdown for payment purposes. This breakdown is to be on a per floor basis for the components of your phase of the work. If your contract covers two or more trades, drywall, lath and plaster, etc. , a separate breakdown must be submitted for each trade by the appropriate cost code. Upon approval by us, this will be used to compute monthly requisitions. Each subcontractor must submit to the project office not later than the 25th day of each month his requisition covering work completed during the preceding calendar month. Failure to submit the requisition by this date will cause the omission of the item from our monthly requisition. Along with your monthly requisitions, it will be necessary to submit a Waiver of Lien form, completely filled out to correspond with your billing. A sample of this waiver in the manner it should be completed is attached for your reference. A 6 EXHIBIT "B" Pavment Schedule 1. Payment of the Contract Price shall be made in accordance with this Payment Schedule as modified by the provisions of Part 3 of Exhibit "A" . In the event of any conflict between this Payment Schedule and Part 3 of Exhibit "A, " the latter shall control. 2 . Payments to Subcontractor shall be made not more frequently than once each month. On or before the 30th of each month Subcontractor shall submit to General Contractor a written request for payment ("Request for Payment") , which shall set forth the following: 2 .1. The value and description of the portion of the Work completed as of the date of the Request for Payment, together - with the percentage of completion of the Work as of such date, unless a method of determining payment other than percentage of completion is specified in Part 3 of Exhibit "A. " 2 .2 . The cost of materials purchased, delivered and suitably stored at the Project but not yet incorporated therein, together with such data substantiating the amounts claimed under the Request for Payment as General Contractor may require. 3 . Unless otherwise stated in the Request for Payment, the submission by Subcontractor of the Request for Payment shall constitute a representation by Subcontractor to General Contractor that: 3 . 1. The Work has progressed to the point indicated; 3 .2 . The quality of the Work is in accordance with the Contract Documents ; and 3 . 3 . Subcontractor is entitled to payment in the amount certified. 3 .4 . All sums due to the date of such Request for Payment, which if not paid might result in a claim or lien against the Owner, General Contractor or the Project, have been paid, except for sums included in such Request for Payment. General Contractor reserves the right to inspect the Work, approve the percentages and value of Work completed and verify materials purchased and delivered. No amounts shall be due or payable to Subcontractor unless and until General Contractor receives payment therefor by the Owner or the Owner's construction lender. B 1 4 . Unless otherwise provided in Part 3 of Exhibit "A" within 15 days after submission of the Request for Payment and provided payment has been made by the Owner or the Owner' s construction lender to General Contractor, General Contractor shall pay to Subcontractor 90 % of the amount requested in the Request for Payment. The remaining 10% ("Final Payment") shall be retained by General Contractor until it receives final payment from the Owner or the Owner' s construction lender. In no event shall the Final Payment be made less than 10 days after the entire work required by the Prime Contract has been fully completed in conformity with the Contract Documents and has been delivered and accepted by the Owner, the Owner's construction lender and General Contractor. Subject to the terms and conditions of this Agreement, the Final Payment shall be paid to Subcontractor promptly after General Contractor receives its final payment from the Owner or the Owner's construction lender. 5. A general release, labor and material release, union trust fund release and waiver of lien in a form satisfactory to General Contractor shall be executed and delivered by Subcontractor and each of its subcontractors and suppliers before any payment shall be deemed earned or payable. The acceptance by Subcontractor, its assigns or anyone acting on behalf of the Subcontractor, of the Final Payment designated as such by General Contractor shall be a general release to General Contractor, the Owner and the Owner's construction lender of all claims of Subcontractor, its assignees or anyone acting on behalf of Subcontractor. No payment, final or otherwise, shall operate to release Subcontractor from any obligation pursuant to this Agreement, including, but not limited to, any responsibility for defects in materials or workmanship. B 2 EuHIBTT "C" Construction Schedule ( 1 ) Sewer Drop manhole 2 days Main LIne 2 days Other Manholes 1 day Laterals 3 days Clear.-up/Compaction 2 days Total 10 days ( 2 ) Water 12" line with tap 3 days 8" line with tap 2 days Services 3 days Fire service 2 days 3 Hydrants 2 days Clean-up/Compaction 2 days Total 15 days Note: Start date of Wednesday March 25 , 1987 . Sewer and water to start at same time . C i EXHIBIT "D" Additional Warranties Any warranties by Subcontractor in addition to those set forth in Paragraph 8.2 of this Agreement are described below. Those of the Manufacturer' s , as per state law, and per city code and city requirements. D 1 29. Notices. All notices permitted or required under this Agreement shall be deemed given upon personal delivery or 24 hours after having been: 29 . 1. Dispatched by telegram; or 29.2. Deposited in the United States mail, certified, postage prepaid, return receipt requested; and 29.3 . Addressed to the respective parties as follows: Owner: Abel , Jarrard & Co. 18600 Main Street Suite 300 Huntington Beach, Calif. 9 648 (714) 848-3133 Construction Lender None at this time , to hp of Record: furnished at a later date. General Contractor: Jarrard Development 18600 Main Street Suite 300 Huntington Beach, Calif. 92648 (714) 848-3133 Subcontractor: LBS Pipeline Contractors 16574 Sequoia Street Fountain Valley, Calif. 92708 (714) 968-6177 Phone No: 30. Modification. This Agreement shall not be modified by either party by oral representation made before or after the execution of this Agreement. All modifications must be in writing and signed by the parties. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original Agreement, and all of which shall constitute one Agreement to be effective as of the Effective Date. 32 . Time of the Essence. Time is of the essence for the performance of each and every covenant and the satisfaction of each and every condition contained in this Agreement. 33 . Attorneys' Fees. Should suit be brought to enforce or interpret any part of this Agreement, the "prevailing party" shall be entitled to recover, as an element of costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. The "prevailing party" shall be the party entitled to recover his costs of suit, regardless of whether such suit proceeds to final judgment. A party not entitled to recover his �A• y- ���7 ti ti EXHIBIT "B" Payment Schedule 1. Payment. of the Contract Price shall be made in accordance with this Payment Schedule as modified by the provisions of Part 3 of Exhibit "A" . In the event of any conflict between this Payment Schedule and Part 3 of Exhibit "A, " the latter shall control. 2 . . Payments to Subcontractor shall be made not more frequently than once each month. On or before the 20th of each month Subcontractor shall submit to General Contractor a written request for payment ("Request for Payment") , which shall set forth the following: 2 . 1. The value and description of the portion of the Work completed as of the date of the Request for Payment, together with the percentage of completion of the Work as of such date, unless a method of determining payment other than percentage of completion is specified in Part 3 of Exhibit "A. " 2 .2 . The cost of materials purchased, delivered and suitably stored at the Project but not yet incorporated therein, together with such data substantiating the amounts claimed under the Request for Payment as General Contractor may require. 3 . Unless otherwise stated in the Request for Payment, the submission by Subcontractor of the Request for Payment shall constitute a representation by Subcontractor to General Contractor that: 3 .1. The Work has progressed to the point indicated; 3 .2 . The quality of the Work is in accordance with the Contract Documents; and 3 .3 . Subcontractor is entitled to payment in the amount certified. 3 .4. All sums due to the date of such Request for Payment, which if not paid might result in a claim or lien against the Owner, General. Contractor or the Project, have been paid, except for sums included in such Request for Payment. General Contractor reserves the right to inspect the Work, approve the percentages and value of Work completed and verify materials purchased and delivered. No amounts shall be due or payable to Subcontractor unless and until General Contractor receives payment therefor by the Owner or the Owner' s construction lender. XI B 1 dnj `/: �_ �. 7 A461 �`� ABEL, JARRARD & CO. 18600 Main St. #300 Huntington Beach. Ca 92648 Mr. WM. Patapoff Public Works City Of Huntington Beach P.O. Bok 190 Huntington Beach, Ca 91648