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HomeMy WebLinkAboutGovindbhai M. Patel - Reimbursement Agreement 87-S1 - Sewer l Y REQUES-r FOR CITY COUNCIL'ACTION J Date August 21, .19 8 7 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator.._ - Prepared by: Paul E. Cook, Director Public Works Subject: FEIMBURSIIMENT AGREEMENT 87-�l (G. PATEL) Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Finding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Govindbhai M. Patel seeks approval of Reimbursement Agreement 87-51 for the construc- tion of 394 lineal feet of 12" VCP sewer line and other relative appurtenances in 8th Street and Walnut Avenue. RECOMMENDATION: Approve the agreement which establishes a maximum possible reimbursement of $22,208.28. ANALYSIS: Govindbhai M. Patel, at his awn cost and expense, constructed 394 linear feet of 12" VCP sewer line to serve his development and adjacent properties fronting 8th Street. The facilities have been constructed in conformance with the plans approved by the Director of Public Works. 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 Sewer Connection Fees collected from the Builder/ Builders 'who develop adjacent property. ALTERNATIVE ACTION: None ATrAMIETTI': Location Map Reimbursement Agreement 87-51 PEC:ERC:ik Din C/DC REIMBURSEMENT AGREEMENT 87-Sl FOR OFFSITE SEWER IMPROVEMENTS BETWEEN THE CITY OF HUNTINGTON BEACH AND GOVINDBHAI M. PATEL THIS AGREEMENT is made and entered into on this day of 19 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and GOVINDBHAI M. PATEL, an individual, hereinafter referred to as "BUILDER" . WHEREAS, BUILDER has at its own cost and expense installed offsite sewer improvements, hereinafter referred to as "FACILITIES" , for the benefit of the subdivision at 800 Pacific Coast Highway; and CITY has adopted an ordinance requiring that BUILDER provide FACILITIES which contain additional size, capacity or number for the benefit of property not within BUILDER' s subdivision; 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 consist of 394 linear feet 12" sewer pipe, four ( 4 ) manholes, one ( 1 ) tie-into County Manhole and 394 linear feet of sand bedding (as depicted on a map attached hereto as Exhibit "A" and by this reference made a part hereof ) ; and In accordance with the Government Code § 66485 of the Subdivision Map Act of the State of California and HBOC Chapter 99, CITY may require BUILDER to provide supplementally sized FACILITIES and 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: I -1- l 1 . CONSTRUCTION - DEDICATION BUILDER has constructed FACILITIES at a total cost of Forty two thousand five hundred and thirteen ($42 ,513 ) dollars ($42,513 ) and has dedicated FACILITIES to CITY. 2 . REIMBURSEMENT The cost of the excess portion of the FACILITIES and the total reimbursement to be paid BUILDER for such supplemental portion of FACILITIES is the Sum of twenty two thousand two hundred and eight dollars and twenty eight cents ($22 ,208 .28) , plus legal interest accrued hereunder to the date of said reimbursement. 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 funds from the subsequent developer ' s service hook-up fee as set forth above or from such other sources as may be available for such reimbursement. 3 . LIABILITY OF CITY CITY shall not. be liable to BUILDER for payment of this reimbursement by reason of city ' s failure to collect or receive from any subsequent developer the service hook-up fee for connecting into FACILITIES. Further, CITY 'S refusal to allow any subsequent -2- developer to connect into FACILITIES constructed by BUILDER shall not impose liability upon CITY to BUILDER for any reimbursement monies which would have accrued to BUILDER if such connection had been permitted. 4 . EXEMPT CONNECTION BY PUBLIC AGENCY CITY may 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 -such connection. 5 . 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 OF HUNTINGTON BEACH, GOVINDBHAI M. PATEL, an individual A municipal corporation of the State of California GOVINDBHAI M. PATEL MAYOR ATTEST: APPROVED AS TO FORM: Alicia Wentworth G'ail Hutton CITY CLERK CITY ATTORNEY gee REVIEWED AND APPROVED: I ITIATED AND APPROVED: Charles W. Thompson Paul Cook CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS -3- '=/ly-fZ�f-5�5UfftAGt tEt�TTC�"AS,5�3�1G1tNt. . t 1 I �I I . I ! i 24 - I2 W AL O U-r AVENUE J lot!' i1.f' DJ' 274�' • 7i t' 3 s� Q 24 23' �s' 1- - - - - 1B �s - - 7s' - - -o - - - - 26 v n off 22 24 h W 20 /9 u l! N 23 r lf..' 6 A /7 — — -� 22 2/ .y � b /B / s IS s„ � h /5- PO ui /9 /6 . iiZj . rs 7,1 w /4 7 a - �2- LJ �n ��9 /5 _ 5 i4 i3 2 ,/ i , 7 16 14 ,3 ,'2 / — v B�/�. �3�J K. '/D� 1-�. I I Bpi/( / ,:f , r,,.s / =/oo I l h1 I1 i 2 /01,9fc� .B 7 i6 5 I4 3 ,I 2 1/ 2 3r�it @ � to Z a I I Z I I I G8 fG i Llia 4l 1S So so �f .o M PAC 1 F1G G S''t HIGHWAY — LO N Il, 41..1' G37 14' 23-17 •a rRAcr LEGEND m NEW 6E*4ER MRtN w/MA4.I wx--tom OWtJEsZS RES,�ONSs t31 t..l'1 Y'�20��' r • 1?R 47 • �� *o'fNelz Pi�oPeRTY oballoRs�22,208� .. . C31'T '�A'� * AS O EV EL0176V Z O .. �-� ��-�rT B� F+�oT I G P�� ,, �/� CITY OF HUNTINGTON BEACH. White City Attorney ,66�� REQUEST FOR LEGAL SERVICES canary City Cleft q�q NMI City Administrator �HGoldenrod Departmental HUNTINGTON BEACH Date IF equest Wade BY Degrtmarlt June 24, 1987 Don Noble/EC Public Works 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: [ ] Ordinance [ ] Insurance [ ] Other [ ] Resolu 'on [ ] Bonds [X] e1 /Agreementnt [ 1 Opinion All exhibits must be attached,or this request will be returned to you. [Xl Exhibits Attached Parcel Map and Contract Preparation f orm Please prepare reimbursement agreement 87-Sl between the City and Govindbhai M. Patel per the attached documents and the following : Offsite Sewer Improvements 394 l. f. 12" sewer pipe @ $62.00 per l. f. $24,428 .00 4 manholes @ $3,000 .00 each 12,000 . 00 1 tie in-to County Manhole @ $5, 100 each 5 , 100 .00 394 l. f. sand bedding @ 2. 50 per l.f. 985 .00 Total Costs $42,513 .00 Govindbhai M. Patel's responsibility $20 , 304 .72 Reimbursable costs for offsite sewer $22,208 .28 Improvements @ $126 .90 per frontage foot See exhibit "A" attached If for Council Action, If not for Council action,dosired completion date Sip Agenda deadQns July 17, 1987 Council moetinp PIO 12f79 i 1 REQUEST FOR LEGAL SERUGU - CONTRACT PREPARATION 1 . Name of Contracting Party Govindbhai. M., Patel 2. Capacity of Contracting Party : (Check one) 1 ) (Xx) Sole proprietor 2) ( ) Corporation 3) ( ) Unlimited partnership 4) ( ) Limited partnership 5) ( ) Other (State) 3. The purpose of this agreement is reimbursement on costs inmvrrPd on oversized sQw2r main installation 4. Who will sign the agreement Govindbhai N. Patel What is his/their title Owner What- is their authority to sign* (x,) Owner ( ) General Partner ( ) Corporate officer 5. What is the duration of the agreement NLA ears/months(circle No . one) 6. What is the consideration for the agreement (who pays whom and how much?) Property owners to pay -1€46-- C i-ry $126.90 per frontage. foot 7. When and how are the. payments to be made (all in advance, all in* arrears, progress payments, etc .?) as properties are developed 8. Who will approve the agreement for the city initiating department? Paul Cook - Director of Public Works Name, Title * SEE 2. ABOVE - If 1 ) is filled in then owner signs ; if 2) then President/vice president BMd Secretary or Treasurer = copy of authorizing action of board of directors; if 3) or 4) one or more of the general partners. 4 9. Have the procurement ordinances and charter provisions been complied with? Yes/No (circle one ) N/A 10. What special risk to the city is involved in these agreements? None ( ) 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? 3uly 17 , 1987 (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 Is 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) N/A 14. Who is our contact at the other party to resolve the con- tractual problems? Name rnvindbhai M. Patel Telephone (714) 537-6752 Title owner 15. Have you attached a copy of the "work statement?" Yes/No If not, why not? N/A 16. Are any State or Federal funds involved? N/A ( ) State ( ) Federal All requests must be approved by a depa nt cad o City Administrator . (approved ) KENNE Y PIPELINE COMPANY - - 16331 CONSTRUCTION CIRCLE EAST, IRVINE, CALIFORNIA 92714 P.O. BOX-16445 - IRVINE, CALIFORNIA 92714 MAY 28 , 1987 PHONE (714) 559'-4952 TROPIC MOTEL 8791 GARDEN GROVE BLVD. GARDEN GROVE, CA 92641 ATTENTION: NAN PATEL GENTLEMEN: WE ARE PLEASED TO SUBMIT OUR BID .FOR THE SEWER AND WATER UTILITY SYSTEMS FOR THE PROJECT LOCATED AT 8TH STREET AND PACIFIC COAST HIGHWAY IN HUNTINGTON BEACH, AS PER THE FOLLOWING: SEWER SYSTEM ' 394 L.F. 12" SEWER PIPE @ 62.00 $24,428.00 40 EACH 6" SEWER PIPE @ 39..35 1,574.00 EACH MANHOLES @ 3,000`:_00 12,000.00 1 EACH TIE IN @ 5, 100.00 5,100.00 ox- ,- 434 L.F. SAND BEDDING @ 2.50 1,085.00 $44,187.00 WATER SYSTEM 160 L.F. 8" PVC @ 48.00 $ 7,680.00 25 L.F. 6" PVC @ 18.00 450.00 25 L.F. 3' PVC @ 14.75 368.75 1 EACH FIRE HYDRANT @ 2,500.00 2,500.00 1 EACH 6 X 6 HOT TAP @ 1,900.00 1,900.00 1 EACH 3"` SERVICE @ 8,600.00 8,600.00 1 EACH R.P.P.D @ 2,750.00 2,750.00 1 EACH 6" BACKFLOW DEVICE @ 8,500.00 8,500.00 185 L.F. SAND BEDDING @ 2.50 462.50 $33,211.25 PRICES ARE BASED ON A 5% RETENTION. PRICES TO REMAIN IN EFFECT FOR THIRTY DAYS. ALL ENGINEERING, PERMITS, FEES AND CONSTRUCTION WATER TO BE FURNISHED BY OTHERS. MAY 28, 1987 TROPIC MOTEL SEWER, WATER SYSTEMS 8TH STREET AND P.C.H. , HUNTINGTON BEACH PG. 2 IF IMPORT MATERIAL IS REQUIRED FOR BACKFILL, USE $8.50 PER TON FOR SAND, AND $42.00 PER YARD FOR SLURRY AS A UNIT PRICE. EXCESS SPOIL, IF ANY, TO BE SPREAD NEATLY WITHIN THE RIGHT OF WAY. HAULAGE OF EXCESS MATERIAL EXTRA. BILLINGS TO BE BY UNIT PRICES FOR ACTUAL QUANTITIES INSTALLED. PRICE INCLUDES TEMPORARY ASPHALT. PERMANENT ASPHALT TO BE BY OTHERS. TEMPORARY ASPHALT TO BE MAINTAINED THIRTY DAYS. ROADWAY OVERLAY TO BE BY OTHERS. IF ROCK IS TO BE USED TO CONTROL WATER, USE $11.50 PER TON AS A UNIT PRICE. IF ROCK IS ENCOUNTERED, REMOVAL OF SAID ROCK ON COST PLUS BASIS. THANK YOU FOR THE OPPORTUNITY OF SUBMITTING THIS PROPOSAL. IF WE CAN BE OF ANY FUR- THER ASSISTANCE TO YOU, PLEASE DON'T HESITATE TO CALL. VERY TRULY YOURS, KENNEDY PIPELINE COMPANY- TERRY' AGGERS ESTIMATOR TA/LJC GOVINDBHAI M PATEL o 8791 GARDEN GROVE GARDEN GROVE CA 92648 CITY OF HUNTINGTON BEACH (-7 -7 1-5 MAIN STREET HUNTINGTON BEACH CALIFORNIA DEAR SIRS IWOULD LIKE TO INFORM YOU THAT WE ARE CURRENTLY UNDERGOING COUNSTRICTION OF SWERE AND WATER ON EIGHT STREET AND PACIFIC COAST HWY. ( SOO Co P's-T H V4 I WOULD LIKE TO ENTER INTO AGREEMENT WITH THE CITY OF HUNTINGTON BEACH FOR RE EMBERSTMEN7 IF ANYONE TIES INTO SWERE OR WATER YOURS FAITHFULLY 14. A7- lleoce G.M.PATEL s - � iil�il�I�R!�€ • ' "ZV9e" Ve4d, ( 92649 (714) �Z44 - 4La ism TO: Ki a n) 1►'A TO L Date 14 " a 9 " 'T V Sv. t P.C.. To Z E ACA�C,g 1 •t$ f c: / ( 3 S /3t'� S EwC{? N�Cr �K �/ 021, do0. ord H S T-C•t l 7" PC y,�" , 2 a K h o L S �-t,, C',Cj vS t otS4C 1 a'oo. ao �i >✓�wAd £ 0xiST �•� , ✓iLcT- d /2C �1Lc.CG wik7- /.I f� avr).0a (�9- UC 1/S , SO0. ao _T.% 5 44-1 t 3 8" Six i n C.k A51P, c,:-{-��.c�L a� S 00 . v o -c4 � s £u.)E � 71 �o /,r+o p-r',pa, (3 .c1a 14.f3aV%d v► ,p%n � :E.1.y.G�rt4K'(.��:<..a/G�L�? ,._�. �... ...w. M _....,. ,.... .., _ o 0 �K &IL fl ,o v�>: �-x ,.f ,Rfc�dC �� 1, S v•d 0 �, So h S 4-4 r / vK:�.a,3",cs�ut> .SE Q v'r,C.� i✓/. (Z P P �.r� S C/d. �o TnS'FaII". c3t1� t. 8� 3 . .ail •��:, d 1aJ t,: ... .. ..D - �. _.v _ .. .it .,5 3, S00. ao 1 v► S-{C. I O rr Q '1 0 S--a t( 000 g'' �;.0 -e d C) 7o to-G w�c 4 eJL 3�i/ ysc7. �c� £xC'C:✓S tc7 A 7-o 14LL 6Lac. K rwP R 0.e.PLoGCc! �Ew�Pe�r¢✓y du LY �� S'au7(e "Jr—,XT All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum offorlir n,"O& 'd ri r-VV Dollars{$ IV S� Z o,yo ) fly PCB. tenS4mLi,4t4-,vvt ex 0..c.cr Pf- c,. ' 12x Ci+,V Progress payments to be made atJ i u Lz;2,u,vl e, Lj i 1,ulE.r7— ACCEPTANCE SOUTHWEST CONSTRUCTION By: By: 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 tions concerning a contractor may be referred to the registrar this tr psactlon.See the attached notloe of cancellation form of the board w ese oel,room Is., 0pntroptofor lital9 Motto@ for an explanation of this right. Board, 1020 N Street. Sacramento, California 95814. This duly licensed company hereinafter called Contractor, agrees to construct in a good and workmanlike manner for Ogrner as defined below,subject to the terms and conditions set forth herein,furnishing all labor,material,tools and equip- ment therefor, the work as noted.herein for the unit prices as set forth below: 1. The Accepting Party hereof warrants that he is a licensed contractor and/or the Owner in fee, and/or the authorized agent of the owner in fee of the property upon which the said work is to be done.For purposes of this bid proposal and con- tract, Accepting Party shall hereinafter be called the"Owner". 1. Quantities and prices bid are from Owner's plans and specifications and/or Owner's design engineers takeoff.Actual payment is to be based on construction quantities measured in the field,and to be in accordance with the methods of com- pensation used by the State Division of Highways where applicable. No allowance will be made to Owner for labor material, repairs or alterations performed furnished without Contractor's prior written consent.Owner agrees to protect,and assume responsibility for damage to Contractor's work and materials on the construction site prior to completion. 3. An deviation from Owner's plans and specifications and/or terms shall be by mutual agreement and shall be In writing. Payment for extra work and allowance for omissions shall be fixed in advance on demand by either party and shall be set forth in said writing. No verbal agreement or understanding shall be binding unless included in this proposal. 4. All permits, inspection and engineering fees are to be paid by Owner. The Owner will assume responsibility for damage to underground pipelines and conduits that are not properly located by Owner. 5. This agreement includes normal workman's compensation and comprehensive liability insurance coverage require- ments. If excessive amounts are required by Owner, Contractor reserves the right to Increase the amount of the contract accordingly.Contractor agrees to furnish Owner with certificates of insurance on request.In the event Owner should require a bond,Contractor agrees to furnish bond at Owner's cost, plus ten percent(10%)overhead 6. Contractor agrees to construct structures per elevations shown on grade stakes and or cut sheets.Any subsequent changes in elevation will be corrected on a time and material basis, plus twenty percent(20%). 7. I excess dirt from excavations by Contractor shall be left at trench site,distributed neatly within street R/way, any removarof dirt from trench site, Including the regarding of streets and lot grades shall be the responsibility of the Owner. 8. Owner agrees to furnish construction water at Owner's cost within the project site, thru a forty P.S.I. minimum pressurized system. 9. The Contractor shall not be held liable for any loss,damage or delays occasioned by fires,strikes,acts of war,acts of God, secondary boycotts, inability to obtain materials or other causes beyond his control. 10. WORK STOPPAGES: If, after the work has been started, anything does occur that directly or Indirectly prevents or otherwise delays the carrying on of the work as specified and over which the contractor has no control,the contractor shall Immediately be entitled to and must be paid the full amount of the reasonable value of work that has been performed and material furnished. 11. In the event either Contractor or Owner institutes suit in court against the other party or the surety of such party, in connection with any dispute or matter arising out of this agreement,the party which prevails in that suit shall be entitled to recover from the other its attorney's fees and costs on account thereof. , i a KANA PIPELINE P.O. BOX 5171 CANYON LAKE CA 92380 7141Ax-S2M �6 1-4 8 3 8 CONTRACTORS LICENSE MI814B7 Page 1 of 2 B/D PROPOSAL AND CONTRACT Mr. Nan TO: Great 90 Construction DA TE.• June 3, 1987 STREET 7372 Walnut Ave. - Suite N JOBLOCAT/ON: 800 Pacific Coast Hwy. CITY Buena Park, CA 90620 Huntington Beach, CA TRACT OR JOB NO.: CONST. NOTE DESCRIPTION PRICE SEWER 10. Remove 16" V.C.P Sewer.45 LF @ $43.00 Per LF. . .. . . . . . . . . . $ 1 ,935.00 11 . Const. 12" V.C.P. Sewer Main. 396 LF @ $145.00 Per LF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 572420.00 13. Const. 48" Cone. Manhole Per H. B. Std. 306 Three Ea. @ $7,000.00 Ea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ,000.00 17. Const. 60" Drop Manhole Per H. B. Std. 311 . One Ea. @ $16, 500.00 Ea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ,500.00 18. Remove Exist. 8" V.C.P. Inlet And Replace With 12" V.CP. Inlet. One Ea. @ $3,250.00 Ea. . . . . . . . . . . . . . . . 39250.00 27. Coast. One 6" Sewer Lateral Per H. B. Std. 317. To Property Line Only. One Ea. @ $4,000.00 Ea. . . . . . . . . . 41000.00 --- Remove Exist. Manhole. Two Ea. @ $1 ,500.00 Ea. . . . . . . . . . 39000.00 Total Sewer. . . . . . . . . .$107,105.00 WATER 12. Fire Hydrant To Be Abandoned To Water Main, Remove G. V. , Bolt, Blind Flange, Encase in Concrete Per H. B. Std. 613. One Ea. @ $1 ,200.00 Ea. . . . . . . . . . . . . . . . . $ 11200.00 21 . Coast . 8" PVC C-900 CL150 HD Couplings Water Main. 138 LF @ $35.00 Per LF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,830.00 22. Const. 6" Hot Tap Per H. B. Std. Plan 612 E 614. One Ea. @ $2 , 100.00 Ea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29100.00 23. Coast. 8" x 6" Reducer Flg. to Push On. One Ea. @ $250.00 Ea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00 26. Coast. 3" Water Meter and Service Per H. B. Std. 604 With R.P.P.D. Std. 617. One Ea. @ $14,000.00 Ea. . . . 14,000.00 29. Coast. Fire Hydrant Per H. B. Std. Plan 607. One Ea. @ $2,850.00 Ea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21850.00 31. Coast. One 6" Fire Service Per H. B. Std. 618• One Ea. @ $7,400.00 Ea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79400.00 32. Install One 8" Plug. One Ea. @ $125.00. . . . . . . . . . . . . . . . . 125.00 33. Install One 8" Gate Valve. One Ea. @ $700.00 Ea. . . . . . . . 700.00 Total Water. . . . . . . . . .$ 33,455.00 ACCEPTED BY: KANA PIPELINE ITS BY.• 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. This duly licensed company,hereinafter called Contractor,agrees to construct in a good and workmanlike manner for Owner as defined below,subject to the terms and conditions as set forth herein,furnishing all labor,material, tools and equipment therefor,the work as noted herein for the unit prices as set forth below: 1. The Accepting Party hereof warrants that he is a licensed contractor and/or the Owner in fee, and/or the authorized agent of the owner in fee of the property upon which the said work is to be done. For purposes of this bid proposal and contract,Accepting Party shall hereinafter be called the "Owner." 2. Quantities and prices bid are for Owner's plans and specifications and/or Owner's design engineers take off.Actual payment is to be based on construction quantities measured in the field,and to be in accordance with the methods of compensation used by the State Division of Highways where applicable. No allowance will be made to Owner for labor material, repairs or alterations performed furnished without Contractor's prior written consent. Owner agrees to protect, and assume responsibility for damage to Contractor's work and materials on the construction site prior to completion. 3. Any deviation from Owner's plans and specifications and/or terms shall be by mutual agreement and shall be in writing. Payment for any extra work and allowance for omissions shall be fixed in advance on demand by either party and shall be set forth in said writing. No verbal agreement or understanding shall be binding unless included in this proposal. 4. All permits, inspection and engineering fees are to be paid by Owner. The Owner will assume responsibility for damage to underground pipelines and conduits that are not properly located by Owner. 5. This agreement includes normal worker's compensation and comprehensive liability insurance coverage requirements. If excessive amounts are required by Owner, Contractor reserves the right to increase the amount of the contract accordingly. Contractor agrees to furnish Owner with certificates of insurance on request.In the event Owner should require a bond, Contractor agrees to furnish bond at Owner's cost,plus ten percent(10%)overhead. 6. Contractor agrees to construct structures per elevations shown on grade stakes and/or cut sheets.Any subsequent changes in elevation will be corrected on a time-and-material basis,plus twenty percent(2001.). 7. All excess dirt from excavations by contractor shall be left at trench site, distributed neatly within street Rlway,any removal of dirt from trench site, including the regrading of streets and lot grades shall be the responsibility of the Owner. 8. Owner agrees to furnish construction water at Owner's cost within the project site,through a forty P.S.I.minimum pressurized system. 9. The Contractor shall not be held liable for any loss, damage or delays occasioned by fires, strikes, acts of war, acts of God, secondary boycotts,inability to obtain materials or other causes beyond his control. 10. Owner agrees to pay of the total price per payment agreement, the remaining upon completion of Contractor's phase of the project. 11. Payment schedule shall be negotiated. In the event Owner does not meet the payment schedule agreement, interest at eighteen percent(18%)per annum plus collection costs will be charged to Owner. 12. In the event either Contractor or Owner institutes suit in court against the other party or the surety of such party,in connection with any dispute or matter arising out of this agreement,the party which prevails in that suit shall be entitled to recover from the other its attorneys fees and costs on account thereof. ' KANA PIPELINE P.O. BOX 5171 CANYONLAKE,CA92380 71419*►x3M 7 61-4 8 3 8 dmlw CONTRACTORS LICENSE #461487 Page 2 of 2 BID PROPOSAL AND CONTRACT Mr. Nan TO: Great 90 Construction DA TE.• June 3, 1987 STREET 7372 Walnut Ave. - Suite N JOBLOCAT/ON: 800 Pacific Coast Hwy. CITY Buena Park, CA 90620 Huntington Beach, CA TRACT OR JOB NO.: CONSTT, NOTE DESCRIPTION PRICE DRAIN 24. Install 12" x 6" Half Round C.M.P. 190 LF @ $32.00 Per LF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,080.00 25. Reconstruct Conc. Ditch. 8 Ea. @ $500.00 Ea. . . . . . . . . . . . 49000.00 Total Drain. . . . . . . . . .$ 10,080.00 NOTES Includes• 1 . Compaction to 90%. 2. Excavated Spoil Hauled Off Site. 3. Traffic Control. 4. Pipe Bedding. 5. Final Adjustments. Excludes : 1 . Paving. 2 . Concrete Curb & Sidewalk Replacement. 3. Permit Fees . 4. Engineering. 5. Compaction Reports . 6 . Landscaping. 7. Coast. Water. Alternates : 1 . Dewatering @ Cost Plus 20%. 2. Relocation of Utilities @ Cost Plus 20%. 3. Over Excavation & Import Material Due to Wet Or Uncompactable Material @ Cost Plus 20%. 4. Trenching Through Rock or Hardpan @ Cost Plus 20%. TOTAL CONTRACT PRICE. . . . . . . . . . . . . .$150,640.00 ACCEPTED BY: KANA P ELINE ITS BY. COMPANY DA TE 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. r This duly licensed company,hereinafter called Contractor, agrees to construct in a good and workmanlike manner for Owner as defined below,subject to the terms and conditions as set forth herein,furnishing all labor,material,tools and equipment therefor,the work as noted herein for the unit prices as set forth below: 1. The Accepting Party hereof warrants that he is a licensed contractor and/or the Owner in fee,and/or the authorized agent of the owner in fee of the property upon which the said work is to be done. For purposes of this bid proposal and contract,Accepting Party shall hereinafter be called the "Owner." 2. Quantities and prices bid are for Owner's plans and specifications and/or Owner's design engineers take off.Actual payment is to be based on construction quantities measured in the field,and to be in accordance with the methods of compensation used by the State Division of Highways where applicable. No allowance will be made to Owner for labor material, repairs or alterations performed furnished without Contractor's prior written consent. Owner agrees to protect, and assume responsibility for damage to Contractor's work and materials on the construction site prior to completion. 3. Any deviation from Owner's plans and specifications andlor terms shall be by mutual agreement and shall be in writing. Payment for any extra work and allowance for omissions shall be fixed in advance on demand by either party and shall be set forth in said writing. No verbal agreement or understanding shall be binding unless included in this proposal. 4. All permits, inspection and engineering fees are to be paid by Owner. The Owner will assume responsibility for damage to underground pipelines and conduits that are not properly located by Owner 5. This agreement includes normal worker's compensation and comprehensive liability insurance coverage requirements. If excessive amounts are required by Owner, Contractor reserves the right to increase the amount of the contract accordingly. Contractor agrees to furnish Owner with certificates of insurance on request. In the event Owner should require a bond, Contractor agrees to furnish bond at Owner's cost,plus ten percent(100/6)overhead. 6. Contractor agrees to construct structures per elevations shown on grade stakes and/or cut sheets.Any subsequent changes in elevation will be corrected on a time-and-material basis,plus twenty percent(2001.). 7. All excess dirt from excavations by contractor shall be left at trench site, distributed neatly within street Rlway,any re'r ml,cr- dirt from trench site, including the regrading of streets and lot grades shall be the responsibility of the Owner. B. Owner agrees to furnish construction water at Owner's cost within the project site,through a forty P.S.1.minimum pressurized system. 9. The Contractor shall not be held liable for any loss, damage or delays occasioned by fires,strikes, acts of war, acts of God, secondary boycotts, inability to obtain materials or other causes beyond his control. 10. Owner agrees to pay of the total price per payment agreement, the remaining upon completion of Contractor's phase of the project. 11. Payment schedule shall be negotiated. In the event Owner does not meet the payment schedule agreement, interest at eighteen percent(1801.)per annum plus collection costs will be charged to Owner 12. In the event either Contractor or Owner institutes suit in court against the other party or the surety of such party,in connection with any dispute or matter arising out of this agreement,the party which prevails in that suit shall be entitled to recover from the other its attorneys fees and costs on account thereof.