Loading...
HomeMy WebLinkAboutFamily Home Builders - Reimbursement Agreement 77-D4 - Water f RMG ENGINEERING, INC. R EC E I Vi Civil Engineers, Planners & Land Surveyors DF-PT, OF [*U@L«10 WORKS 3990 WESTERLY PLACE • NEWPORT BEACH, CALIFORNIA 92660 • (714) 752-8171 N O V 2 8 1977 November 23, 1977 #495-0700 "VIM77N "4 ®EACK- CALIF. Mr. H. E. Hartge Director of Public Works CITY OF HUNTINGTON BEACH P. O. Box 190 Huntington Beach, Calif. 92648 Re: Reimbursement Agreement 77-D4 Family Home Builders Dear Bill: Reference is made to our letter of November 1 1 , 1977, regarding the subject agreement. It has been brought to our attention that the drainage fee paid was stated to be $215, 176.00. This figure was in error in that the fee paid was $25, 176.00. Please excuse this error. Very truly yours, RMG ENGINEERING, INC. 1 'J. K. Mandrell President JKM:c Encl. RMG ENGINEERING, INC. Civil Engineers, Planners & Land Surveyors 3990 WESTERLY PLACE • NEWPORT BEACH, CALIFORNIA 92660 • (714) 752-8171 November 1 1 , 1977 *495-0700 Mr, H. E. Hartge Director of Public Works City of Huntington Beach Re: Reimbursement Agreement 77-D4 Family Home Builders Dear Bill: In August we requested approval from your office of the dollar value of Master Plan Drainage Facilities constructed by Family Home Builders in Huntington Street in order that credit could be made to the drainage fee payment by the adjacent project (see attached letter). Sometime thereafter in a conversation with Mr. John Wipple of your office, we were advised that a credit toward fees would not be possible and a re- imbursement agreement would be required due to some inter-city pro- cedures. Since, Family Home Builders has paid the total drainage fee obligation for the development $2,t 5, 176.00. Last week we received the attached reimbursement agreement. It has been our intent to request refund of the $3,384.35 cost of Master Plan Facilities from the$215,176.00 fees paid to the City per the reimbursement agreement. However, in reviewing the attached agreement we question the fo l lowing points. 1. Page 1 - next to last paragraph - Refunds should be payable until completely refunded. Builder should not be liable for refunds not made in a five year period. 2. Page 1 - last paragraph - The City has previously refunded 100% of cost. of Master Plan facilities considered in establishing the District Drainage Fee. There doesn't appear to be any reason for the Builder to pay 10% of the cost. 3. Page 2 - paragraph 3 - implies there will not be sufficient funds to reimburse all agreements. 4. Page 2 - paragraph 4 - states "City may allow said developer credit toward the per acreage fee . . 11 therefore, Family Home Builders Mr. 1-I . E. Hartge Page 2 November 11 , 1977 could have been credited $3,384.00 toward their $25, 176.00 fee. 5. Page 2 - paragraph 5 - if the City is not liable for payment of any refund due by reason of its failure to collect the fee from another party connecting to the facility, then the Builder could be liable in that they would no.t get their refund. Since the City has the right to regulate connections they should be the party liable for collecting fees and refund- ing same. 6. Page 2 - paragraph 7 - public agencies should not be exempt unless the facility connecting is only for the benefit of those in the district and all who participate in the construction cost are refunded all cost over their fair share. 7. Page 2 - paragraph 8 - If fees are collected from a project connecting to or being directly served by the facilities-cons tructed by 8uilde►^ s =he should be reimbursed. Any other use of the fees would be unfair to Builder. Since Family Home Builders can be reimbursed immediately from the fees they paid, many of the above comments don't apply to this situation. How- ever, we wish to receive your assurance that a refund will be made within 30 to 60 days following a written request for same accompanied by the executed agreement. Very truly yours, RMG ENGINEERING, INC. J. k . Mandrell JKM/rad attachments cc: Louie Graziadio CEIVE ® RMG ENGINEERING, INC. D'CPrr. APrwaL,,0Wopt Ke Civil Engineers, Planners & Land Surveyors NOV 1 4 A 3990 WESTERLY PLACE • NEWPORT BEACH, CALIFORNIA 92660 • (714) 752-8171 1979 November 1 1 , 1977 #495-0700 Mr. H..E. Hartge Director of Public Works City of Huntington Beach Re: Reimbursement Agreement 77-D4 Family Home Builders Dear Bill:- _ In August we requested approval from your office of the dollar value of Master Plan Drainage-Facilites'constructed by Family Home Builders in Huntington Street in order that credit could be made to the drainage I fee payment by the adjacent project..(see attached letter). . Sometime thereafter in a conversation with Mr. John'W.ipple of your office, we III were advised that a credit toward fees would not be possible and a re-. . imbursement- agreement would be required due to some inter-city pro- cedures. Since,.* Family Home Builders has paid the total drainage fee obligation for the dev-etopment .$215, 176.00. Last week we'received the'attached reimbursement agreement. It has been our intent to request refund of the $3,384.35 cost of Master Plan Facilities from the$2`1.5.,176.00 fees paid to the City per the reimbursement agreement. However, in reviewing the attached agreement we-question the following points. ' 1. Page 1 - next to last paragraph - Refunds-should be payable until completely refunded. Builder should not be liable for refunds not-made in a five year period. 2. Page 1 - last paragraph - The City has previously refunded 100% of cost'-- of Master Plan facilities considered in establishing the District Drainage Fee. There doesn't appear to be.any reason for the Builder to pay 10% of the cost. 3. - Page 2 - paragraph 3 - implies there will not be sufficient funds to reimburse all agreements. 4. Page 2 - paragraph 4 - states "City may allow said developer credit toward- the per acreage fee . . . " therefore, Family Home Builders Y Mr. H . E. Hartge Page 2 November 1 1 , 1977 could have been credited $3,384.00 toward their $25, 176.00 fee. 5. Page 2 - paragraph 5 - if the City is not liable for payment of any refund due by reason of its failure to collect the fee from another party connecting to the facility, then the Builder could be liable in that they would not get their refund. Since the City has the right to regulate connections.they should be the party liable for collecting fees and refund- ing same. 6. Page 2 - paragraph 7 - public agencies should not be exempt unless the facility,, connecting is only for the benefit of those in the district and all who participate in the construction cost are refunded all cost over their fair share. 7. Page 2 - paragraph 8 - If fees are collected from a project connecting to or being directly served by the facilities constructed by Builder, he should be reimbursed. Any other use of the fees would be unfair to Builder. Since Family Home Builders can be reimbursed immediately from the fees they paid, many of the above comments don't apply to this situation. How- ever, we wish to receive your assurance that a refund will be made within 30 to 60 days following a written request for same accompanied by the executed agreement. Very truly yours, RMG ENGINEERING, INC. J. k<_ Mandrell i J KM/rad attachments cc: Louie Graziadio R M G ENGINEERING, INC. Civil Engineers, Planners & Land Surveyors iERef-PtACE--NEWPOR"EACR-C?�L7FORNIA 92660 _ =- .n U _ ! OMMETEA I' f I Mr. H. E. Hartge Director of Public Works CITY OF HUNTINGTON BEACH P. 0. Box 190 Huntington Beach, California 92648 v > +� N 6 7 'AL4,t%t 12 Ta 4 96 I414NTM>CTQPt EEkCWorko iS R94yested by A� - _ .> ...... .- ., -. ,.-- .., «'.. • . : iN�vt?9• Approved by ! I f ' tont�e�cd -Por additional infiormation calf Phone - Phone DATE VENDOR # P.O. E .o tasty w 'D . ' 2451. ,'Z, . orangethorpe p Full toa Calif o 92631 Y O F.O.B. Destination Delivery within Confirm Plus Frt.-Prepay&Add: Terms, days 1530 L.F• C vereize Ovate transmission main l built ; . 'Brookhurst. Street at Covington®s. 1530 L.P. 163 ACV C11:45/fto 1530 LaFo 8's ALT @ $5®95/ft, 9,,103,.50 _ Cost difference 'bet 16' & 80 A.CP g®415'00 . 1-16 x 8 Tee @405o00/eam ' 405,900. 1- 8 x 8 Tee @ $125 0 00/ea 125 0 00 Cost diffewence between 16 x 8 tee 8 '$ 8 tee 280®00 310 .Tons of @ $5.15/toga . �1®596050 Total 1402910.50 Less 10 percent per H,B,K.Co I Section 14o20.0,60(c) 1,029.15 Total due 9,262.•35. .: TOTA L$ I REQ.NO. AMOUNT REQ. NO.- AMOUNT RIMQ.NO. AMOUNT r 2 &. 4 8 DEPARTMENT Copy .ai r , . POST OFFJCE BOX 190 `phis A�rnG�r a'lutst HUNT1NCTON $EACH. CALIFORNIA92643 6fif1£ 17141.536-522.1 {^E123dGrTi , f305 H ® CITY OF 4TIN - 01 ON DC GT A p' 4 ` e, P ANO THURP P jou SITU Ft ER' CA. 92632 T F.O.B. Destination Delivery within Confirm Plus Frt.Prepay&Add: Terms: YES. days' YIES- v530 40: .OVO25YZE' WATER TRA'NSHISSiON MAIN LINE &Ulii.T lit SROOKMAST STREET AT. COVINGTONIIS EXPENSE 1$30- L.F 16*0 ACPP 11.45 i7P16.GO LE3 'i$►u 9.V'- S° ® ACP 5.9s/ 9i COST B1FFERENCE OCTWEEN 16®° S" ACP 0g1S 4ia 1--16 X a .TEE 406000 405* 3.0 1-6 X a TaE .126000 .� COST DI FFERENCC 61ETWEE14 16 X 0 6 .0 X 8 T9E 26.0.0+ 310 TUNS OF SAND tools 1006.50 TOTA1. LESS 102 PER 0SHC SECgIDN b".,la 14.20.060(C) �2�2.35 _ I +. $ 512+*a�. ... I TERMS AND CONDITIONS ON REVERSE TOTAL,® 3►. t FORM A PART OF THIS ORDER PURCHASING OFFICER"CITY OF HUNTING-TON BEACH 1411595 1 926C. 35 j 2 1 I 1 1. 1 1 t 4 L 7 i I I f REO.NOR. AMOUNT REQ.NOR. AMOUNT .REQ.NOR. AMOUNT �• ' I DEPARTMENT y i O SEWER MAINS HOUSE CONNECTIONS MANHOLES LATERALS SEWER REPAIRS CONSTRUCTION STORM DRAINS . COMPANY 1104 EAST WALNUT • FULLERTON, CALIFORNIA 92631 970-IS92 August 11, 1975 Covington Bros. 2451 E. Orangethorpe Fullerton, California 92631 DJater Tract 8578 Huntington Beach (181-114-4135) 1530 Lin. ft. 16" A.C.P. @ $11.45 per ft.. ......... ...$17,518-.50 1530 Lin. ft. 811 A.C.P. 0 $5.95 per ft .. . 10 - 0 Difference between 16" & 8" A.C.P..:..:.................:.....:.,$ 8,415.00 1-16 X 8 .Tee @ $405.00 each....... . . ... .:... : ..::..:::$ 405.00 1-8 X 8 Tee @ $125.00 each..... ... ..... ... .:..........$ 125.60 Difference between 16 X. 8 Tee & 8 X B 3'ee...... .. ......:... .:.:.$ 280.00 Difference for quantity of sand used due to width & depth of trench due to installation of 16" A.C.P. in lieu of 8" A.C.P: as follows: 310 Tons of sand ® $5.15 per ton...........:...... ....... .......$ 1:596.50 Grand Total.,,i.......:...$10,291.50 t � OF, SEWER MAINS HOUSE CONNECTIONS . MANHOLES LATERALS S\ SEWER REPAIRS CONSTRUCTION STORM DRAINS COMPANY .... I sun— 1104 EAST WALNUT FULLERTON, CALIFORNIA 92631 570-1592 August 11, 1975 Covington Bros. 2451 E. Orangethorpe . Fullerton, California 92631 I%Tater Tract 8578 Huntington Beach (781-114-4135) 1530 Lin. ft. 16" A.C.P.. @ $11.45 per ft.,,...*....e. ;$1.7,518-50 1530 Lin. ft. 811 A.C:P. @ $5.95 per,ft.....:.... .. ....$ 9,103,50 Difference between 16" & 8" A.C.P...:.:...:.............:.....:.$ 8,415.00 1-16 X.8.Tee @ $405.00 each. ..... ... ..:.....:....:. ...:$ 405,00 1-8 X 8 Tee @ $125.00 each........:.... ... . .. .....:...$ 125900 Difference between 16 X 8 Tee & 8 X 6 Tee........ ........... :...$ 280.00 Difference for. quantity of sand. used due to width & depth of trench due to installation of 16" A.C.P. in lieu of 8" A.C.P. as follows: 310 Tons of sand @ $5.15 per ton...:'..... ..:.:................. .$ 1,596.50 Grand Total.:....:.... ....$10,291,50 i 'USE BALL.-Pomir PEN, -PRESS F'IRM�Y :. � JVW ;ram CASH RECEIPT -` • CITY OF HUNTINGTON BEACH Jj P.O.•BOX 71.1 HUNTINGTON BEACH. CALIFORNIA 92648 1714) 536-5200 AL CITY TREASURER'- WARREN G. HALL ( DEPT. ISSUING. Cove �DATE ` IREGEI,VED FROM. y sri��/.I`//ta/ v✓/ f "I!�• t• I ADD RESb` MAY S ff� r /r l~iCJ/'✓1.'r°,/ '. /� r Ze f AMOUNT RECEIVED !t ' CASH❑ CHECK' - ' $ t"/ 6494 I� � J A.B.A. I RECEIVED BY ACCOUNT AMOUNT d i V eo tad V W elit-!may` �s*: dD TOTAL ' ISSUING DElf'ARTME f SEWER MAINS HOUSE CONNECTIONS MANHOLES LATERALS SEWER REPAIRS �pSTORM DRAINS Curio TRUCTI®N COMPANY 1104 EAST WALNUT • FULLERTON, CALIFORNIA 92631 870-1592 June 30, 1975 .# - Do 6 Da Covington Bros. 2451 E. Orangethorpe Fullerton, California 92631 Water Tract 8578 Huntington Beach, California Sand and rock required for water system. 1519.89 Tons of sand in place ® $ .50 per ton,,,*** o*00000$5,319.62 214.09m Tons of rock in place. ® 7.50 per ton............. 1,605.68 60925.30 Please issue check as follows: Norman Const. Co. & West.Coast Sand.&.Gravel...............$4,980•85 /7-7 ,(o'4 Norman Construction \i0.....................................$1.,944.45 /-7 7 1 1975 RECEIV EO J i;L - ',"' _ •- l,. _. _.fair ..X'. .:"�J4 >'. _. _ ..r_ ..,,•. -._: .._ .. •-- - r - . _ ` - _.•.. .. N4)19 A N CONSTRUCTION CO.®0PANA. LICENSF. No. 217621 1104 E. WALNUT AVENUE FULLERTON, CALIFORNIA 92631 AREA CODE (714) 870-1592 MAY 9, 1975 P.O.# 1$ d q 3 Covington Bros. • 2451 E. Orangethorpe Fullerton, California 92631 Sand for Tract 8578 Huntington Beach, California Installation of sand in trenches of water services 284.80 Tons of sand in place @ $3.50 per ton................$996.80 Please issue checks as follows: Norman Const. Co. & West Coast Sand & Gravel Co.............$617.45 Norman Construction Co.....................................� 31 � . 3S $1 9 1975 . .. RE 4'49 �'�' �' "�' 41\ 1'4�OI 0'.0 a�' LICENSF. No. 217621. ' 1104 E. WALNUT AVENUE FULLERTON, CALIFORNIA 92631 AREA CODE (714) 870-1592 • `'��1 Q P o . • 61- � tt d/�3 3 August 8, 1975 P.O.# G '33 — !!ct]17=q/3.5� Covington Bros. 2451 E. Orangethorpe Fullerton, California 92631 Sand installed on water services Tract 8578, Huntington Beach. 156.00 Tons-of sand ® $3.50 per ton.........................$546.00 . - Please issue checks as follows; Norman Coast. Co. & West Coast Sand & Gravel, Inc...........$413.40 . Norman Construction Co.... AUG 14 Aft 9 17 .- t MAN CONSTRUCTION 000111A\ 10' LICENSE No. 21,621 1104 E. WALNUT AVENUE FULLERTON, CALIFORNIA 92631 AREA CODE (714) 870-1592 March 26, 1975 Covington Bros. 2451 E. Orangethorpe Fullerton, California 92631 Sand for Water Tract 8578 Huntington Beach 415.95 Tons of saad ® $3.50 per ton........................$1,455.83 Please issue checks as follexs; Norman Const. Co. & West oast Sand& Gravel...............$1,102.27` Norman Construction Co.....................................$ 353.56 e; California F—deral �aviwjs i,,d Loot, HEAD( T dRS OFFICE r 19 5670 Wilshire B I vd.0 L,__ An ge I Pi, Calif. 90026" 937-0321 PLEASE PAY TO THE ORDER OF-�A'.-� c" N. 1, .......c: N, ADDRESS THE SUM OF IN FULL PAYMENT FOR THE FOLLOWING DESCRIBED LABOR AND MATERIAL FURNISHED FOR THE 51.1aDIVIS108 IMPROVEMENTS ON TRACT— CITY COUNTY FILL IN DESCRIPTION OF MATERIAL OR LABOR FURNISHED: ArVIOLINT'S: "j iCHARGED. CODE N CHARGE 1% �,ICHAR C E 1� �(v ,C..e N O. IV( 20 V/ < CHARGE COD N CH^E ..16 3 2 R� CHARG E CODE 00 NO. --------........ CHARGE CODE NO. CHARGE CODE NO. CHARGE TO LOAN ACCOUNT OF el A 'TOTAL ALCLOAN ORDERS- MUST HAVE APPROVAL OF THE WE CERTIFY THAT THE ABOVE DESCRIBED WORK AND/ ASSOCIATION PRIOR TO PAYMENT. SEE OVER. OR MATERIALS HAVE A VALUE OF AT LEAST THE AMOUNT OF THIS ORDER. APPROVED -19= AND/OR'C ANY(-22- )Vy)'I;VV\ CQ SIGNED CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION SIGNED z CF 17649) 150 BooxS 2/68 DP SEWER MAINS HOUSE CONNECTIONS MANHOLES LATERALS SEWER REPAIRS CONSTRUCTION STORM DRAINS . COMPANY 1104 EAST WALNUT • FULLERTON, CALIFORNIA 92631 870-1592 r, 1 October 7, 1975 f - f Covington Bros. 2451 E. Orangethorpe Fullerton, California 92631 f Re: Retention Water Tract 8578 Phase 11 CA No. 781-114-4135 s. - ` Contract for water on T ct 8578 now completed. Retention in the amount of $3,654.85 due Please issue check to No n Const. Co. AUG 31 PM 3 47 ', tea . �Ji � S� �3Z � 3 2 r � •' -_? � � ��� • ; i 1 , 4,14 I I iVr�/ ��A OJ � - I I I I I -I 1 i I per!-- I I klj I -/(O .�../gyp/-+�/-���1--}-i-/�i /!��;/�j r�- i i-'�---?--+--i---t----�-/Oz�Vj-� .-I-�---j-----1----4-- I zelr� I/�� ,, F - t/ v�'/e_ q-Z�7_ /�'n�'qt7 u All: I -r- 1 -3-S - nFss .' �oS'i!� _ 3o �;F, o ��r < ? - --+--�-- I -- ---r--- � -- .S//�L/�• �'d(J//i%G-i"?�%; /<5�/�i�C�tom(''i R� ,l�;-l6 _bu i c/�� S��W%1-Tf�rl�/L�� I- IF I "� � ' i i I I 1 � I I ( • � I I i i 1 tdove,lber 8, 1974 Darry 7i.a'merrtan Covington Brothers Construction Company 2451 .mast Orangethorpe Fullerton, . California 92651 Dear Mr. Zimmerman. Regarding our telephone conversation• of -November .6, the iollowing procedure applies to seeking reimbursement for the Sixteen inch water line _to .he. built in f3rookhurst Street in conjunction with Tract 9578. ./ `yubiAt to the nirt',ctor of ?Ublic 11orks three (3.) bids' for the project. If you desire to award the contract to anyone other than the lowest. bidder, pleasA .indica'te your reasons. After the project is completed, please contact me and I will arrange a ,aeeting where we will discuss the cost differences between an eightinch and the required sixteen inch . line;' Reim= bursement will be :aide for ninety (90) percent: of...tlie difference in accordance with Section 3454 (c) of the Huntington Beach Ordin- ance Code. Participation by the owner of the property on the west ride of Brroo?:hurst will not be. required by the City. Such. participation is required where the property is developed and the line to be built will save such development or. where simul- taneous development on both sides of a street occurs. Since there are no foreseeable plans for such development . in• this- ca$e,. the cost of the eight inch line will have to be born by' Covington. if you have . any questicin on this matter, please feel free to contact me at (714) 536-5435. Very truly yours, Ii. .T,., ffartge. Director of Public Works Darrel L. Cohoon Departmental Analyst Mailing Address: P.O. BOX 3128 FULLERTON, CALIFORNIA 92634 CALIFORNIA CONTRACTORS' LICENSE No. B-1 217304 0 TD4?Of9212j� hold. the key to your future housing needs 2451 E. Orangethorpe Fullerton, California q� Telephone (714) 879-0111 Ah� CFp7- A September 29, 1975 ve��� y1, J�-p h►c,� u �' 19�S Mr. H. E. Hartge Director of Public Works City of Huntington Beach Huntington Beach, California 92648 RE: TRACT 8578 OFFSITE I PRWIIMENrS Dear Mr. Hartge: In accordance with instructions stipulated in your letter of November 11, 1974, enclosed are copies of bid/proposals taken on offsite improvements on Tract 8578. Also enclosed is a copy of the contract made with the lowest bidder, Norman Construction Company. At your earliest convenience, we would like to arrange a meeting with you at the jcbsite as this project will be completed by the end of this week. Thank you for your cooperation in this matter. V truly yo , Del 0. ington Executive Vi Presid DOC:nun INVESTIGATION ORDER AND REPORT Account No Meter No Size Name Phone No. Address Time Date WATER QUALITY LEAKS METER O DISCOLORED ❑ MAINLINE ❑ METER STUCK O TASTE OR ODOR ❑ METER ❑ METER O PRESSURE ❑ SERVICE LINE ❑ METER SOX ❑ OTHER ❑ OTHER ❑ OTHER Remarks. Order Taken By Referred To Date Meter Reading Before Repairs After Repairs Action Taken Date By 6*;ArTP0eN,,CH TO: DEPARTMENT 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. /�-Q-(-� Mrs. Miss TIME CALLED DATE CALLED TELEPHONE NO. MESSAGE zi Gw -rI � c FROM: DEPT. TRANSMITTAL AND TELEPHONE SLIP c� PROPOSAL and CONTRACT a Dace Februaxyl7 , 19—75 TO Covington Bros, 2451 F nranget horpe F,l l ertori, Caiiifernia Telephone Dear Sir: e propose to furnish all materials and perform all labor necessary to complete the following: T,.. at ns^nBeac , California. Water installation on Rrnnkhssrct Ave O1aite-Water Na-ins 15.30 T;n f't 1611 A.C.P. 0 $13,30 Der ft............00*000....$20,349.00 1 1611X811 Tee ® $500 00 each....................:.............$ 500.00 $20,849.00 asndaa }�an]—'ill DTP rarntired-) Cal $5_50 per ton n , bedding /To d) � 9 1n Tsar tnn - —�LBLZc—D C�C7T[g"'rSs �e�1��eF17--v—�r.��� All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of tt t Huddred Forty Nine-------Dollars ($ 20,849.00 ) Payments to be made—as—aork progresses as the work progresses to the value of ninety. per cent of all work completed. The entire amount of contract.to be paid within fi ve days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Respectfully submitted, "NOTICE TO OWNER" (Section 7019—Contractors License law) By —j.L. Soott—Co. — Under the Mechanics Lien Law, any contractor, subcontractor, laborer, materialman or other person who helps to improve your G1 7 CJ`_ Brookhurst Anaheim property and is not paid for his labor, services or material, has a __ right to enforce his claim against your property. Address Under the law, you may protect yourself against such claims by fling, before commencing such work of improvement, an on inel 635-9540 contract for the work of improvement of a modification thereof, in Telephone the office of the county-recorder of the.county where the property _ is situated and requiring that a contractors payment bond be recorded State License No. 2"512 in such office. Said bond shall be in an amount not less than fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full of the claims of all persons furnishing labor, serv- ices, equipment or materials for the work described in said contract. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any question concerning a contractor may be referred to the.registrar of the board whose-address is: Contractors' State License Board 1020 N Street Sacramento,California 95814 ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED Date _ , 19 PROPOSAL—SUB-CONTRACTOR—WOLCOTre FORM 664—RHV1s6D 7.73 - � Vk(7il1FORNUI - Frapasal and Chun#rat# LICENSED M M TM P" To_ Covinbtton Bros. Date February 26, 1975 ly P. O. Address 2JL51 E. Orangeethorne Fullerton Telephone. Job Address Brookhurst Ave. H.B. Lot Blk Tract 8578 Owner rovington Rros. Architect THIS PROPOSAL IS VOID UNLESS ACCEPTED WITHIN THIRTY DAYS We propose to furnish all materials and labor necessary to perform the following: OFFSTTF. WATER MAIN TNSTALTATTON ON BROOKHLTRST AVE- HUNTINGTON BEACH_ 1530 Lin_ ft. 16" A-C.P. 0 $12.75 per ft_ =$19 507.50 1-16"%8" Tee ® $488.00 each----------------------- ----$ 488.00 $19,995.50 Rock reQUIred 0 $7.75 per ton Sand rearuired 0 $5_25 per ton TPmpn� rP ui rPd a $14-75 Par ton ALL OF THE ABOVE WORK TO BE COMPLETED IN A SUBSTANTIAL A.TID WORKMANLIKE MANNER FOR THE sum o F1Dollars($� ). 10 995 cn Payable Progressive Payments The entire amount of contract to be paid within 5 days after completion. Any addition, alteration from the above specifications will become an extra charge over the sum mentioned in this contract and owner shall pay for same weekly as such additional work, alteration or deviation progresses. Contractors are required by law to be licensed and regulated by the Contractor' State License Board. Any questions concerning the responsibilities of a contractor may be referred to the registrar of the board whose address is: CONTRACTORS, STATE LICENSE BOARD 1029"N"Street Sacramento, California 95814 Respectfully submitt South West Pi Reline Co / \,I,1,•,—' P_O_ %x 10431 Santa Ana 92711 I,icense no. 29k,851 You are authorized to furnish all rn;iterials and labor,required to complete the work mentioned in the above proposal, for which agree to pay the amount in said proposal, and according to the terms hereof I have read the conditions of proposal and contract on the reverse side hereof and agree to same. The lender is: NAME D.11 v .19 ADDRESS CLCA FOAM PC.11Wh. - I i CONDITJONS OF PROPOSAL AND CONTRACT 1. MATERIALS: Unless otherwise specified in the plans and specifications, contractor shall have the right to select all materials. When specified materials are unavailable, contractor shall have the right to substitute for such specified materials other materials of equal or better quality. 2. ADDITIONAL WORK: Additions, alterations, or deviations shall be charged-to the owner at'cost of labor and materials plus %. Labor shall be charged at S per hour and materials at published price without discounts plus sales tax. 3. CONTRACT PAYMENTS: The contractor shall not be required to proceed with the installation of the work if the payments applying on same.have not been,made as specified in the contract. 4. UNAVOIDABLE INTERRUPTIONS: It is Hereby mutually agreed that the contractor 'shall not be held responsiblc or liable for any. loss,damage or..delay caused by fire, strikes, civil or.military authority, or by any other causebeyond its control. S. TRANSFER OF TITLE: If the customer shall enter into a sale or, shall sell, all, or any part of the premises herein involved, the full amount remaining unpaid on this contract becomes due and payable within 48 hours after date of such sale or agreement of sale at the option:of the'con- tractor. 6. In the event any process of law is resorted to by the contractor to collect any monies due here- under, the buyer agrees to pay all costs, interest, and attorney's fees incurred. 7. Title to any of the material sold or installed hereunder by the contractor shall remain in the con- tractor until all the terns hereof have been complied with, and in the event such materials are affixed to realty it is expressly understood and agreed that they shall remain personally subject to removal as hereinunder provided, and further that the owner and/or buyer/or customer here- by waives any and all claims.for.damage to said.realty of building caused by the removal of said materials or any part hereof. i 8. Contractor reserves the right to`adjust all prices for any materials required for the work to be done under this proposal and contract to its established prices in effect at the time of shipment or delivery of materials to the job (provided that such adjusted prices shall not exceed applicable maximum prices, if any, estobliished by Government authority.) Should construction labor rates be increased prior to or during the performance of any work under this contract, contractor reserves the right to charge and the owner or buyer or customer hereunder shall pay for the amount of such increases paid by contractor plus pet cent ( 7i) for insurance. 9• It is further understood and agrled that this proposal and contract does not include any labor and materials not specifically mentioned here. i 10. Requirements of Governmental Building Codes or Officials of Governmental Building Departments, not provided for in the plans and specifications, shall be considered as additional work and shall be charged for as provided in paragraph 2 above. 11. Notice: "Under the Mechanics Lien Law Civil Code, any contractor, sub-contractor, laborer,suppli- er or any other person who belps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that, after a court hearing, your property could be sold by a court officer, and the proceeds of the sale used to satisfy the indebted- ness. This can happen even if you have paid your own contractor in full, if the sub-contractor, laborer of supplier remains unpaid. .ONrRACT NUMBER: 11`11 s-4135 ,told the Pey ---- '.._, ':PORK ITEM: ---.. ---------- S to YCUf fuiluf9 h,00 sing reeds 11 PROJECT: __._ .— ------------------- P.O.BOX j!26 .. FULLERT_ON.CALIFORNIA 9263J LOCATION: - (714i 819-011 t THIS SUBCONTRACT, entered into this_—_--.—cay cf.-_--_-_Aar...^h — _—__ t97-C?—, ov and between COVINGTON BROTHERS, herein al!er cull:li the"Contractor'*and -•-_----------------------? O, man Const_'._'1ction_Co. 1104 E Walnut=--------------------- Q '--F:�ay ---- hereinafter called the"Subcontractor",provides as follows: - Fu'I-,.,C;`�on� "alix _ 870��5g') . ' ARTICLE 1. STATEMENT OF WORK.The Subcontmclor shali turnish an labor, rnaler'ial. equipment, ar-d services. and perform and complete all wnik required for 11:e construction of J7ater mains services. - - - - on the property known as _ Sit ?3erU7illc� ES181@SJ- ' tZCt_8579 j_Lots 1-67; Brookhi4rs_t_�.-�ti'ai�ning,T Huntington_Deach z_California._--- in a good, substantial and workmanlike manner and in strict accordance with plans and specifications prepared by or for COVINGTON BROTHERS. INC., 2451 E.Orangethorpe Ave.,Fullerton,Calif.and incorporated herein by reference.Whether or not shown by the plans or niten:icned in the specifications,the work includes the following: (a)Any item of labor,service,and/or material reasonably referred by the plans and/or specifications or customarily furnished by a subcontractor performing work in this line. - (b)Any item of labor, service;or material required to complete the work in compliance with any applicable law, ordinance or regulation. or necessary to obtain any inspection approvals being obtained by the Contractor. (e)All plans,drawings,permits,and fees required by law,regulations,.ordinance,or building codes. . (d)All scaffolding,equipment,and tools necessary or required for the performance of the work. _ -- (a)The Scope of Work includes,but is not limited to,the following:-- ---- --------------------------------- • 1 -Furnish all necessa_rx-Iabor,<-7-na-terial_and.equipment--for-zomplete- -- insta la iorlfications--an�lQcal__ca ---- r�q_r s_s_ s eq.uj:rQst_ cc9rs3ias��o_phauing�f_-Job_as--dete=ine&-zees-ar-e-- _e_$tabsish.e_d__a_y.__ar_tua1-nu nbers_-a.£_hauses_-built--ixi-caarlypha-se,---Cont-r-&cto-r- �3gre _14�onsi dsar_an;3_neciatiate ny act /_° arr�'._cats a.ncr use ne rec2 ._I'—S�CQntracto-r-dui to_nnion-.labor_increazcz---or-manu -actur-er-a-Eoet--- __incr es__that_m&y_b_P_ Incurred--after _ In the event a copy of the plans and specifications are not furnished to Subcontractor, they are on file at the office of Contractor, and it is Subcontractor's responsibility to inspect the same and to follow the same. ARTICLE 2. CONTRACT PRICE. The Contractor shall pay the Subcontractor for the performance of the contract In current funds, subject to additions and - deductions as herein provided: -- ZEE-EX B1_T —for-prier--hr-ea-k-dog--- —' - ------ TOTAL C091f laCT PRI CE $5 9,9 03.9 5 Other than herein provided, no additional sums of money will be paid unless prior written authorization is given by the Contractor's Representative whose signature appears at the end of this document, prior to the time the work is performed. ALL BILLING MUST BE PER LOT NUMBER. Where contract is based on unit prices, each progressive billing must have attached field measurements,dated and signed by Contractor's and Subcontractor's authorized representatives. ARTICLE 3.PROGRESSIVE PAYMENTS.Progressive payments will be made as the work progresses in,the following manner: 4Q%of above contract as-work-progresses-,and-is--inspected--aced--approvedz--- m --%of above contract ---------------- --------- ------------------------- -%of above contract ---%of above contract --------------------------- ------------------ - %retention will be held for 30 days after completion of the project and acceptance of"Notice of Completion"by local governing authority. (a)As a condition to receiving or requesting any payment on account of the contract price. Subcontractor agrees to furnish and deliver to Contractor a duplicate ropy of all plans, drawings, diagrams, or applications. it any, required by any Federal, State,or local law, regulation, or ortlinance as a condition for obtaining a permit, certificate of occupancy,or final F.H.A.or V.A.approval. (b)Subcontractor agrees to furnish, five(5) days in advance of any payment request, in form and text satisfactory to Contractor and the lending institution, receipts for materials,material release waivers. labor releases showing that all costs of labor,materials.*equipment and other costs have been paid for in full.Where applicable, union benefit trust payments in form and text satisfactory to the Contractor,shall be furnished as proof of payment of such benetifts to the local governing Union Trust. (C)Liquidated Damages. Time is of the essence of this contract. Inasmuch as the amount of damages which Owner will suffer by reason of Contractor's breach of this contract cannot be fairly or reasonably computed and ascertained,the parties do hereby agree that the sum of E--_-------per day shall become due and payable for each day after the date that--------------------------------_—_.---_----------is obligated to complete performance of its contract hereunder. In determining said amount, the parties have taken Into consideration both the interest on the loan which has been Obtained to develop said properly,together with the loss of rental and profits which Covington Brothers would otherwise obtain had Contractor timely performed its contract hereinunder. ARTICLE 4.LEGAL FEES,COSTS AND EXPENSES.If any action at law or in equity is instituted on,in connection with,or arising out of this contract by Contractor against Subcontractor and/or a third party or third parties,or against Contractor by Subcontractor and/or a third party or third parties,or if Contractor is made a party to ary such action•or it any disputed matter arising out of this Contract is referred by the Contractor to his attorney for settlement,Contractor shall be entitled to receive from Subcontractor his costs and expenses in connection with such referrals,action or actions,and attorney's fees in a reasonable amount,and if Contractor recovers judgment in any such action,such costs and expenses and attorney's fees shall be included in any such judgment. - -- ARTICLE 5.CHANGES IN CONTRACT WORK. (a)Subcontractor shall not be entitled to any additional compansntion for any extras unless the extras have been ordered in writing by the Contractor and the cost thereof to the Contractor has been agreed upon in writing.Any extras furnished by Sub.contractor except In accordance with the foregoing will be so done at Subcontractor's sole cost and expense. Contractor shall be entitled to omit from the work such portions of the work as Contractor may Soo fit,by instructions in writing to the Subcontractor.Contractor shall be entitled to deduct from any subsequent payment due on account of the Contract Price,an amount equal to the reasonable value of such work omitted. (b)In the event Contractor elects to add to or deduct from the work to be performed by Subcontractor,and unit prices are set forth on the face of this contract,then tho addition or deduction to the Contract Price shall be based on the unit prices so Sol forth,and such unit prices shall include all items specified in Article 1,above,and all overhead and pfolit. (c)Subcontractor agrees at no additional cost to Contractor to make any changes or modifications,ordered by Contractor,which do not mvolvo extra cost to Subcontractor. (d)All clauses of this contract Shall apply to any changes.or extras in like manner and to the same extent as though said changes or extras were incorporated herein. (a)Should the Contractor at any time prior to the full completion of ilia project work covered by this Subcontract,for any reason whatsoever,discontinue constructiun of said project,he may terminate this contract by giving the Subcontractor notice of such termination in writing and upon such termination the Subcontractor shall bo entitled to receive payment for the work completed by him or in-place materials furnished by him to the date of such termination at the rate harem contractod for and no more for failure of Cuntiartor in purnut lull pun lofinanco by Subcontractor hereunder, JOB COST COPY EX1-IIJ I`1' COVINGTON CON'1R.AC'I' 7`� MARCH 7 , 1975 QUANTITY DESCRIPTION UNIT P ?:IC, TOTAL ✓ 1, 530 L.F. 16" A.C.P. Water main 4�' $17 , 518 . ` +1 � 2, 363 L.F. 8" A: C. P. Water main - 14 , 059 , 8 452 L.F. 6" A.C.P. Water main 5. 05 �2 , 282 . 60 6 8" Gate valves 345 . 00 2 , 070 . 00 3 2" Blow offs 270 . 00 81_0 . 00 3 2" Water services w/meter & box 555. 00 1, 665 . 00 2 8" 900 bends 95. 50 191 . 00 1 8" 450 bends 87 . 50 87 . 50 : 7 •6" gate valves 295. 00 2 , 065 . 00 4 Standard fire hydrants 635. 00 2, 540. 00 5 8" x 6" tees 105 . 00 525 . 00 2 _ 8" x 8"tees 125. 00 250 . 00 1 12" x 6" tees 295. 00 295. 00 i/ 1 16" x 6" tee 405. 00 405. 00 , 1 6" x 450 bend —"72:50— 72 . 50 1 8" x 6" Reducer 92. 50 92. 50 67 Water services w/meter & box 223 . 50 14 , 974 . 50 TOTAL CONTRACT •$59 , 903. 95 Quantities are approximate and will be paid according to unit prices.. If sand is required it shall be 3 . 50 per ton -in place. If rock is required it shall_ be 7 . 50 per ton in place. If temporary is required it shall be 11.75 per ton in place.