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HomeMy WebLinkAboutPonderosa Homes - Reimbursement Agreement - Atlanta and Magn r October 26, 1972 Ponderosa Homes 2082 Business Center Drive, Suite 100 Irvine, California 92664 Attention: Ronald E. Comer Subject: Bond Amounts and Fees, Tract 7791 (revised) Gentlemen: The following are the bond amounts and fees receivable from the subject tract: Bonds Improvement Bond $156,000.00 Labor and Materi.a. Bond 78,OOO.00 Monument Bond 100.00 Fees Sewer, 63 uniLs @ $60.O0/unit 3,780.00 Water, 63 uni's @ $30.00/unit 11890,00 Drainage, 29.996 at. (Tract 7791, 11.978 ac.1 Tract 7855, 18.106 ac.) @ $1,85O.00/ac. equal8 $55,492.60 minus $1; ,711.73 (fee paid 6V6 72) and $14,199.69 credit for Master Plan storm drain construction 29,581.18 Construction Water, 63 lots @ $5.00/lot 315.00 Each fee must be on a separate check. Enc osed are two subdivision agreements and a certificate of insurance form for the subject tract which you should have executed and returned to this office. The bonds, the executed agreements, the insurance certificate and the fees must be submitted prior to the recordation of the tract. For Parks, Recreation and Plan Check fees, please contact the Planning Department. Very truly yours, James R. Wheeler Director of Pub' icWorks JRW:NEH:CPSsae H. E. Hartge 1+-t a.. T---.0-e.... Tract 7619 - B. G. Williams 7656 - Goldenwest Partnership 7650 - Stadard Pacific Corp. 7639 - McKeon Construction 7663 - S & S Construction 7700 - La Cuesta 7855 - Ponderosa Homes #0889 Pump scion fee *#7270 additional drainage $21,621.57 7703 - Frank Ayres d Son Constr. 7664 - S & S Construction 7651 - Standard Pacific Corp.- Temporary pump sta. fee $5,000.00, #5336, 8-2-72 7772 — Alva Wilson Co. TRACT FEE DATE IIEE R DATE FEE FEE NO. DATE � 7755 , 7913, 7869, 7870 , 7999, 77ol, 7930, 7837, 7628 , 7991' 7628, 7627 � � � ^ | Olt- 3 July 13, 1972 I P ynderosa Humes ( 2082 Business Center Drive Sut to 100 j Irvine, California 92664 :attention: Steve P. Elder ' Subject; Tract 7791 Gentisens r You received a letter from me dated July 10, 1972, regarding bond amounts and fees for Tract 7791. The amount of $7,785.70 as drainage fee is in error. This figure was based on the pump station fee only (11.978 acres 0' $650.00) which was correct on the basis that yow Were Lu ii-aSZ all —� the entire storm drain in Magnolia. The drainage iee ULe fo- L1115 traCL At a meeting Last month with Terry merry it was decided that the City i � would let a contract to install the storm drain in Magnolia Street up to the south tract boundary, and that you would hstall the line from that paint up to the catch basin on the west side of Magnolia. The City will fr, bear the cost of the line from the south tract boundary to the north line of. the high school a distance of approximately 700 feet, and you will bear the cost of the line from that point northerly.rr- 1 We have entered into a contract with Lomar to install the line south Li of the tract. You may wish to contact them regarding the northerly position. In any event we wish to review with you a minimum of three bids ;prior to the award of your contract. When the contract price is known we can deter- mine the cost of that portion, the City is to pay for and deduct same froze the fees you owe for Tract 7855 ($i33,313.30). Very truly yours, JamesA. Wheeler Director of Public Works H. E. Hartge City Engineer J r-HENtae hcc; Lovejc,y Spencer Mullen �- 0214-1036-40: $19,758.00 CONTRACT AGREEMENT / 0214-1056-40: $19,758.00 - • • • CONTRACT NO. PONDEROSA HOMES DIVISION C.` r OF KAISER AETNA,A PARTNERSHIP JOB NAME <c� PONDEROSA HOMES Tract 7855 7791 JOB ADDRESS�'y , Atlanta R Magnolia, Huntington Beach, California JOB PHONE NO. (714) 536-9941 CONTRACT FOR Storm Drain THIS CONTRACT, made and entered into this 24th day-of Aug. 1972 ,by and between .NAME -=L011AR CORPORATION ADDRESS P545 Snuth Main Street, Santa Ana, California hereinafter known as Contractor, and PONDEROSA HOMES DIVISION OF KAISER AETNA, A PARTNERSHIP, hereinafter known as Owner. SECTION 1: INDEPENDENT INVESTIGATION Contractor has satisfied himself, by his own investigation and research,regarding all the conditions affecting the work to be done and materials to be furnished, and as to the meaning and intention of the plans and specifications and the general conditions there- of, referred to herein, and basing his conclusion to execute this Contract on such investigations, independent of any estimate or other information prepared or furnished by Owner proposes to furnish certain completed work, in accordance with the Plans and Specifications herein described, as part of said job. No estimate or bid of Contractor preceding this Contract,and no verbal agree- ment or conversation with any representative of Owner either before or after the execution of this Contract,shall affect or modify any of the terms orobligations contained herein. All provisions of the above mentioned contract documents,specifications,and drawings which are applicable to this Contract or which in any way affect the work herein described.shall have the same effect as if written in full in this Contract,except insofar as such provisions may be specifically changed by this Contract. SECTION 2: DESCRIPTION OF WORK AND CONTRACT PRICE Contractor agrees to furnish all labor, materials, installation, supplies, equipment, services,machinery,tools,and other facilities of every kind and description required for the prompt and efficient execution of the work described herein,and to perform the work necessary to complete the following generally described duties: Furnish all labor and material to install complete all storm drain systems as shown on plans drawn by Toups Engineering dated May 9, 1972. All work shall be in strict conformance with all prevailing codes and ordinances and the requirements of the City of Huntington Beach. Contract shall include but not be limited to the following: 1. All trenching, backfilling and compaction necessary for a complete system. 2. All equipment, material and miscellaneous connections for a complete system. 3. All quantities are estimated and shall be verified by job superintendent unless otherwise noted. . 4. Excavation material shall be spread in streets. 5. Backfill (sand only) furnished by owner and placed by contractor. 6. Backfilling and compaction to be done in accordance with the recommendations of the soils engineer and the requirements of the City of Huntington Beach, and/or the utility company recommendations. In the event of failure of compaction tests, the contractor will pay for all re-testing required. for the said job in strict accordance with the above mentioned contract documents,specifications,drawings,applicable codes and ordinances and to the full satisfaction and acceptance of the Owner for the total sum of _THIRTY _NINE THOUSAND FIVE HUNDRED SIXTEEN AND 00/100 $ 39,516.00 including all cartage and applicable taxes of any nature whatsoever.The total consideration stated above shall be paid by Owner to Contractor in accordance with the PAYMENT SCHEDULE provisions of this agreement. SECTION 3: PERFOILNIANCE If Contractor should neglect to prosecute the work properly or fail to perform any provisions of this agreement,or use inferior materials or workmanship not satisfactory to Owner, after three days written notice to the Contractor, Owner may without pre- judice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to Contractor. Compliance with the progress schedule delivered with this agreement is made a part thereof and inability of the Contractor to complete the work in the time provided will, at the option of the Owner formulate a basis for the termination of this agreement without any further notice,verbal or written. Contractor shall be liable to Owner for damage due to delay in completion of work if such delay is caused by Contractor. Owner may deduct the total of such damage from any sums owing Contractor. Owner's remedies for damage due to delay caused by Contractor shall be direct and in whatever amount permitted in law or equity. Upon the breach of this Contract in whole or in part or upon any assignment thereof voluntarily or by operation of law or upon the commission of any act of bankruptcy by Contractor or upon Contractor's failure or refusal to do any of the work to be done hereunder to the satisfaction of Owner, Owner may at his option personally, by agents,or other Contractors perform and complete said work for the account and at the expense of Contractor and withhold from the price to be paid hereunder sufficient funds therefor. The Contractor agrees to clean up and remove from premises from time to time all waste material and debris of every description which may accumulate in the building or about the premises as a result of his work. The work must be left in a clean acceptable manner. Should the Contractor refuse or neglect to clean up or remove waste materials and debris upon being directed to do so by the Owner, the Owner may remove same or cause it to be removed by others and the Contractor shall suffer a deduction from his contract price for the expense incurred. SECTION 4: LABOR - - Contractor agrees that in the manufacture, fabrication, erection or installation of any of his work performed for or on the units of construction covered under this contract shall be performed by such men as are completely acceptable to union requirements. Contractor further agrees to supply monthly reports to the Owner,of all contributions to any type of insurance,health,and welfare or other similar plans initiated by any labor organizations having jurisdiction over their employees.Contractor further agrees to com- ply with all terms and conditions, of the Labor Agreement between the Associated General Contractors and A.F.of L. Building& Construction Trades Unions now in existence and/or.any rev:rion or extension thereof. Contractor also agrees to comply with all . of the terms and provisions of the Equal Opportunities Clause hereinafter set forth to the same extent as though he were the Owner therein named. SECTION 5: TAXES Contractor agrees to pay any and all taxes, including all sales and/or use taxes,in connection with the work and materials to be furnished-hereunder. SECTION 6: EXTRAS , It is understood and agreed that all lai. , and/or materials furnished by the Contractor, shall he deemed to be included within the contract price stated-herein,even though said labor and/or materials are not specifically required or demanded in this Contract, or the plans or specifications,and the same shall, nevertheless, he.deemed to be included within the scope of labor and/or materials . properly and necessarily required for the performance hereof, except only one condition and none other, to wit: that any labor.. and/or materials furnished hereunder that is authorized by Owner in writing, to-ether with a definite statement in said authorization that:said labor and/or iaterials shall be deemed to he an "extra", and shall be paid for in addition to the contract price at a sum, specified in said authorization. Owner may at any time during the progress of said project order in writing deviations, additions or omissions; and the %:title sliall not void this Contract. but the value thereof as agreed upon in such written authorization shall be added to or deducted from the contract price hereof. Any modifications in the work to be done by-Contractor that are changes requiring the substitution of certain work and/or materials for other work and/or materials originally required by this agreement,or by the plans and specifications incorporated into this agreement.shall not entitle the Contractor to additional cornpensation unless the change order is in writing and specifically provides that it authorizes an "extra" in a stated amount. 11 is expie%sly agreed and understood b} and hciween the 0%vner and the Cwitr:ictor tliat no extra cha.re,s will he paid without authorization: that the contract price includes performing all work specified according to specifications and acceptable to Owner, FIIA and job superintendent as herein provided. and that said work must comply with all city,county,state and federal building codes and requirements. SECTION 7: DEVIATIONS Contractor shall make no changes and shall be responsible for any deviation from the plans and/or specifications that he may make and may be required to cause any work to conform strictly to the plans andor specifications unless a written authorization of Owner addressed to Contractor shall he given setting forth specifically in detail what change;shall be made. It shall be deemed that the costs of the changes, unless otherwise specifically agreed upon in writing..shall not exceed a credit for the work not required to be done. SECTION 8: GUARANTEE Contractor does guarantee Owner against any loss or damage arising from any defect in materials or workmanship furnished under this Contract for a period of one year from the date of completion of the entire project, unless(1)a lonCer period is required by specifications, or(2) the house is sold under government or veterans rules and regulations requiring a guarantee of one year from date of occupancy or close of escrow, in which case the period of guarantee is extended to accommodate said extended periods. SECTION 9: PROTECTION AGAINST INJURY Contractor does agree to protect his own work and,to be responsible therefore under all circumstances and for the condition thereof'until final acceptance of the entire project. To protect adjacent property from injury arising out of his work,and to make good any such damage or injury. SECTION 10: INDEMNITY AND INSURANCE Contractor does agree to indemnify and save Owner harmless against all claims for damages to persons or to property growing out of the execution of the work, and at his own expense to defend any suit or action brought against Owner founded upon the .claim of such damage. To procure and maintain. during the entire progress of the work.full anal-unlimited Workmen's Compensation and Employers' Liability Insurance, Public Liability and Property Damage Insurance in amounts and with a carrier or carriers satisfactory to Owner:to furnish Owner with certificates of said insurance before commencing work hereunder. which shall provide that the policy shall not be cancelled or reduced in coverage until ten(10)days after written notice shall be given to Owner of such cancellation or reduction in coverage. To insure his interest from loss to the premises resulting from fire, earth settlement, earth- quake,theft,embezzlement,riot or any other cause whatsoever, and Owner shall not, under any circumstances, be liable or account- able to the Contractor for such loss. SECTION 1 1: CONTRACTOR'S PERMITS, LICENSES To.obtain at his expense all permits and licenses to comply with all laws,ordinances,rules, regulations,orders and requirements of the city, county, state and federal governments and of any Board or Commission or other duly qualified body having jurisdic- tion, which shall or might affect or apply to the work;and to maintain Contractor's License as required by the State of California. SECTION 12: RE-INSPECTIONS Contractor to be charged for re-inspections resulting from unacceptable materials or workmanship. . SECTION 13: PREVENTION OF LIENS To pay, when due, alf claims for labor and/or materials and/or Sub-Contracts applied on or furnished hereunder,and to prevent. the filing of any lien of mechanics or materialmen, or attachments, garnishments, or suits involving the title of the property upon which the improvements are erected. Contractor agrees within ten (10) days after written demand is addressed to him at the address herein contained, by United States mail, to cause the effect of any such suit or lien to be removed from the premises, and in the event the Contractor shall fail to so do.. Owner is authorized to use whatever means he may deem best to cause said lien,attach- ment, or suit, together with its effect upon the title, to be removed,discharged, compromised, or dismissed,and the costs thereof, together with reasonable attorney's fees, shall become immediately due Owner. Contractor may litigate any lien or suit above des- cribed provided he cause the effect thereof to be removed from the premises above mentioned, and shall execute and deliver to Owner such affidavits, contracts. bills, records,accounts, etc., as Owner may deem necessary for his protection in such events. In the event Owner is served with any Writ of Attachment, Wrii of Execution, Notice of Levy(Federal or State),or other legal process for any debt or alleged debt of Contractor at any time during the period of this Contract prior to completion, Owner shall automatically be entitled to keep and retain any funds or monies then due Contractor for work and materials furnished, and/or pre- viously billed and approved but unpaid to Contractor. It is understood and agreed that the purpose of the preceding sentence is to guarantee that the Owner shall have sufficient funds with which to complete Contractor's.duties under this contract,if the suit or levy out of which the above legal process arose should in the Owner's opinion make it difficult or inipossible for Contractor to finish . the said work herein required. Service upon Owner of such process shall be deemed a partial breach of this contract and Owner shall give Contractor three days written notice as provided in Section 3 hereof to remove said levy. SECTION 14: ASSIGNMENT AND SUB-CONTRACTING.: Contractor shall not assign or sub-contract any portion of this Contract.without first obtaining permission in writing from Owner,and then only subject to provisions to this Contract. SECTION 15:.ATTORNEY FEES To pay to'O%vner. in any action brought to enforce the performance of this Contract,or any of the terms, covenants or condi- tions thereof. and in any action brouglit against Contractor by third parties in which Owner is joined as a party. whether the same proceed to judgment or not, an additional reasonable amount as attorney's fees, and this provision shall also apply to any suit or any bond furnished hereunder. SECTION 16: SURETY BOND ' If the Owner requires, for any reason whatsoever, the Contractor further agrees that he will within ten (10)days from the date of this Contract, provide the Owner with a bond, conditioned for the faithful performance of this Contract in all its particulars and/or a labor and material bond, duly executed with a Surety company acceptable to the Owner, as surety. and in form and content acceptable to the Owner. : SECTION 17: PAYMENT SCHEDULE v' Contractor shall not be paid until lie has complied with all of the provisions of this SECTION 17.Contractor shall be entitled to Vt receive t,x�c•�Xpayments for tiX4�i(X :irR�kiO. iL)4Y�;tS work completed. twenty-five (25) days after the first day on which Owner receives ontractor's invoice. Contractor shall submit all invoices for work and materials furnished, in.duplicate, to Owner for approval. All invoices shall be accompanied by unconditional Labor Releases and Notarized Material Releases, executed by the Contractor, his laborers and all suppliers.who.furnished materials to said job, to the date of the invoice(s). Any payment-made hereunder, prior to total completion and acceptance of Contractor's work,sliall not be construed as evidence of acceptance of any part.of Contractor's work. The parties agree that these payments shall be subject to the following provisions, namely: Owner.agrees to pay Contractor twenty-five (25) days after receipt of invoice a sum equal to 95 "o of the total invoices sub- mitted to and approved by Owner and the remaining 5 To shall be retained by the Owner until —30_ days after the work has been fully completed according to basic contract. . Contractor agrees not to, bi 11. unti 1 1001,13 completion of the cost per unit provided for by the contract -unless phases,o.r staggs.,,are provided for below. J`.Lc4 Initials_ _ Initials_ ti ,Completion of the following spa 4 hall 'icate that this contract requires Conti ar to- -erform in phases.or stages and.Con- tracto,*'s rinfif to payment slii_fIl be linAted tk- z `al due under that phase or stage as provic ':CONTRACT`PRICE TABULATION - ITEM QUANTITY UNIT PRICES TOTAL 24" C.I.P. 397 LF $ 17.50 $ 69947.50 30" C.I.P. 63 LF 14.50 -913.50 36" C.I,P. ,(onsite only) `211 LF 14.50 3,059.50 4211 138 LF 32.00 4,416.00 -Catch Basin W=7 1 -EA 825:00 825.00 Catch Basin 14=4 5 EA ;00.00 3,500.00 Catch Basin with Apron. Trans. 6 EA 105.00 630.00 J.S. Type B (onsite only) 1 EA 925.00 925.00 J.S. Modified 2 EA 975.00 1 ,950.00 12" A.C.P. 24 LF 15.00 360.00 Concrete Encasement 5 EA . 150.00 750.00 Piacem--nt of sari& backfill Y 1 .50 1 ,050.00 36" 'C. I.P; (offsite only), 885tl LF, "U 12 3�, 39-50_ J.S. Type B (offsite only), EA r925.00._ 1 ,850.00 $ 39,516.00 Rock bedding, material and placement, if needed, shall be billed at $0.80 per LF. cCIS> �� �� ��� ��mot. �� ��� �.• �.. ���- Y Ir 'I0000000 SECTION 1S: WORK CO'1 MENCE LENT AND PROGRESS � j, Contractor agrees to be prepared to begin work tivithin 7 days of written notice of approval and acceptance of t.�iiss Loft' tract agreement by the undersigned Owner;and Contractor agrees to commence work on a date selected by Owner,provide` gives Contractor ' gi �_ days notice in advance of date of work commencement,and to continue said work diligen tot m r tion with sufficient men and equipment upon the job at all times;and if,in the opinion of the Owner, the job is not p ', ast` enough, the Owner may give the Contractor notice in-writing, allowing him ' hours in which to supply the.necessary �or or material. Should the Contractor fail or refuse to comply with a written request, the Owner may order such labor and material as is necessary to complete the job; or the Owner may relet the job to another Contractor on a contract basis(without the necessity of calling for bids), and the cost of same slim; be paid by Contractor. In the event Owner exercises this right Owner may withhold all sums payable to Contractor, which withheld sums shall be an offset against Contractor's obligation but shall not otherwise diminish said obligation. SECTION 19: DEFINITION AND GENERAL PRINCIPLES a. The general conditions, specifications, Contracts and plans shall be known as the contract documents and shall all be part of this contract. All documents should be considered complimentary to each other and what is called for in one should be binding as if called for by all._ ` b. The term Contractor refers to the firm or individual,or series of individuals,or corporation,who:is obligated to perform the -obligations set forth in any phase of the Contract so endorsed by him or his power of attorney. c. The term Owner refers to PONDEROSA HOMES DIVISION OF KAISER AETN A,A PARTNERSHIP. d. It is the intent of the contract documents that the Contractor should be bound to the Owner by.the conditions set forth therein,as in the same manner the Owner should be bound to the Contractor. SECTION 20: SUPERVISION i a. The Contractor,or his representatives.shall exercise full time general supervision to all phases of his operation to insure correct -performance of the contract documents. The Owner,or his representative,shall have access to any and all parts of the Contractor's storage facilities, construction grounds. etc.,and may at any time inspect,sample, test, or require tests to be taken on any materials furnished Or Ordt r;-Lj to bL LiSCd In the :DIS:.U6:tm:1 of Ili Ur;1S de5:.. { to i7.. CU tr:Ct dOCiiin ents. The Owner shall at all times. when inspecting, test;;: !. etc., during the course Or COnstrM:Lion. reS1)LCt the Contractors authority over his %vorkmen. b. The Conira.:tor siiail be Ie>pon,ii-lc to aIiil answer diteCiiy lu ilte 0%` iicr or his representative, fur his acts or omissions, Lind for the acts and omissions of his empioyees and of all person directly or indirectly employed or retained by him in connection witli the work outlined as his responsibility under the contract documents. c. The Contractor sha!l at all times respect the judgment and authority of the Owner's representative,acting in the capacity of Job Superintendent. -I fie Contractor shall report any at.d all.criticism, material shortages, Libor trouble, or other conditions or circumstances which in any way affect tic pertorruance of his duties. 'SECTION 21: PLANS AND SPECIFICATIONS a. The contract documents are intended to collaborate so that any work exhibited or called for in any of them,whether exhibited in the other or not, is to be executed in the true intent and meaning thereof, the same as if set forth in all.However,should any law,ordinance or regulation of the State, County, Federal Housing Administration, Veterans Administration,or a municipality, pre- scribe additional requirements, or should any of the work called for-begin violation of the requirements of such authorities,then the requirements of such law or regulations shall prevail and shall be required to be completed by the Contractor,.as a part of.the work l called for in the contract documents,and no compensation shall be allowed therefore. i b. It is the intent of the contract documents that all work described therein shall equal or exceed the Federal Housing Adminis- tration construction requirements, all local building codes, zoning ordinances, and restrictive covenants. That all erection,applica- tion or installation shall be in accordance with the manufacturer's directions or the best standard practice,and.performed in a good •�4' and workmanlike-manner. c.-Figured dimcnsions•given onihe pk -in all-cases;-he-considered as;correctin lit asurcments by scale. It is intended 2hatall.figures and dimensions should agree:1 ver;it shall be-the-responsibility of the:C't.:_. �r to-check all-figures and measure =ments prior to commencing work, and.any oiscrepancies-apparent-to him must:be-reported to the Owner-immediately- for adjust ment. Failure-:to-comply in-this respect;=and any additional costs"resulting--from non-compliance;shall be-borne.by the Contractor. . SECTION;22: QUALITY;MATERIALS AND WORK,1tANSHIP --Whenever any manufactured article; implement, or-series•of-articles or-implements.is mentioned in the specifications byname, - trade name or manufacturer's name, it is intended to establish a standard-of merit and quality.-The intent-of-this definition is to require quality materials and workmanship. However,substitutes of equal.meritmay be used by the Contractor,but only upon the -written consent of the Owner, or his authorized representative.•-Under no circumstances, shall-a substitute-material be-used which will not conform to requirements set forth in.the contract documents. SECTION 23: CHANGES FROM PLANS AND SPECIFICATIONS Should any changes to the plans and specifications.be required after the signing of the contract.documents, it shall be the res- ponsibility of the Contractor to advise the Owner, in writing, of the effects upon his portion of the contract.The Contractor shall perform no additional work nor shall he decrease his obligation to the contract, without the written consent and compensation adjustment from the Owner. SECTION 24: GUARANTEES a. It shall be the responsibility of the Contractor to furnish,in writing, to the Owner,an Agreement of Guarantee.This guarantee -shall cover all defects in workmanship and/or materials performed by the Contractor on the units of construction,as called for in the contract documents. This guarantee shall remain in effect for a period of one(1)year from the time of final inspection by the . Veterans Administration Compliance Inspector and/or the Federal Housing Administration Inspector,or in any event the one-year period of guarantee shall correspond with the guarantee required by FHA and VA. b. 'it shall be theaelponsibility of the Contractor, during the course of construction,to contact the Owner,or his representative daily, to receive am•and all notices of discrepancies.The Contractor shall immediately arrange for the correction of any and all dis- crepancies outlined to hum by the Owner, and shall notify the Owner upon completion of the work performed necessary to eliminate the discrepancies.Should the Contractor fail to comply with the Owner's discrepancy notice within seven(7)days after notification, any further payment requests shall be withlield until such time as the discrepancies are eliminated. SECTION 25: EQUAL OPPORTUNITY CLAUSE a. The following equal opportunity clause shall be included in each contract and Sub-Contract which is not exempt: During the performance of this contract, the 0-v ner agrees as follows: 1. The Owner will not discriminate against any employee or applicant for employment because of race,creed,color.or national origin. The Owner will take affirmative. action to ensure that-applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Such action shall include. but not be limited to, the following:employment, upgrading. demotion or transfer-,recruitment or recruitment advertising:layoff or termination:rates ot- pay or other forms of compensation; and selection for training, including apprenticeship_ The-Uwne'r agrees to post in conspicuous places, available to employees and applicants for employment;notices to be provided setting forth the provisions of this nondis- crimination-clause. 2. The Owner will,in all solicitations or advertisements for employees placed by or on behalf of the Owner,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,or national origin. 3. The Owner will send to each labor union or representative of workers-with which he has a collective bargaining agreement or other contract or understanding,a notice,to be provided.advising the said labor union or workers'representative of the Owner's -commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Owner will comply with all provisions of Executive Order 1091_5 of March 6, 1961,as.amended,and of the rules,regula- -tions,and relevant orders of the President's Committee on Equal Opportunity created thereby. 5. The Owner will furnish all information and reports required by Executive Order 10925 of:March 6,•1961,as amended,and by the rules, regulations, and order of the said Committee., or pursuant thereto. and will permit access to his books,.records,and ac- counts by the FHA and the Committee for purposes of investigation to ascertain compliance 'With such rule's,regulations,.and orders. 6: In the event of the Owner's non-compliance with the nondiscrimination clauses of this contract or with any of the said roles, regulations, or orders, this contract may be cancelled-terminated, or suspended.in whole or in part and the Owner may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 10925,of March 6, 1961, as amended,-so that such provisions will be binding upon each Contractor or vendor. The Owner will take such action with respect to any Contract or purchase order as the FHA may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, that-in the event the Owner becomes-involved in, or is -threatened with, litigation with a Contractor or vendor as a result of such direction by the FHA, the-Owner may request the .United States.to enter into such litigation to protect the interests of the United States. b. Except in sub-contracts for the performance of construction work at the site of construction,this-clause is not-required to be inserted in sub-contracts below the second tier. Sub-contracts-may incorporate by-reference.this equal opportunity clause. SECTION 26: PROCEDURE The Contractor shall abide by, and conform to, any and all procedures and schedules set forth by the Owner,or his represents-- .tive, which may be necessitated by Acts of God, Contractor's failure to comply,.or other reasons unknown at-this time. - 'SECTION 27: MISCELLANEOUS a. Contractor further agrees to hold the Owner andl all supervisors harmless from any expense of any-nature arising out of any -and all claims (including, but not limited to,claims that may be presented by virtue of any.contract or employment under the Con- tractor) for union welfare, pension, vacation,apprenticeship,owner-operatoi,.health and welfare,and related type payment obliga- tions connected with the job herein referred to, whether or not well founded. . b. The Owner may terminate the Contract of the Contractor or his Sub-Contractors,(and the-Contractor shall so provide in con- tracts with his Sub-Contractors) in.the event that the Contractor, or his Sub-Contractors,are listed by the administrative office of the appropriate health and welfare. pension.vacation,or apprenticeship funds as being delinquent in payment:or payments, to said fund or funds, regardless of the job in connection with which the alleged delinquency occurred. if said Contract (and/or Sub- Contract (s)) is terminated pursuant to this provision, Contractor shall be obligated to pay the entire cost of completion of work called for by said contract(s) whether Owner has said work completed on-a time and material basis or lets a new Contract for com- pletion of the work. If Owner elects nor to terminate, pursuant to this provision:Contractor appoints Owner land Contractor shall similarly'bind his Sub-Contractors so to do) Contractor's agent to use Owner's-judgment and discretion to=pay such amounts as Owner believes due and owing, pursuant to then existing collective bargaining agreements to the appropriate administrative office, . out of funds Owner would otherwise be required to pay to Contractor).-Owner's determination as to amount(s)to be paid,if any, shall be final. c. In consideration of the benefits accruing hereunder, Contractor and all successors and assigns, covenant and agree that. in the event of any actual or alleged failure, breach or default hereunder by Ponderosa-Homes Division of Kaiser-Aetna: 11)their sole and exclusive remedy shall be against the Ponderosa Homes Division oI Kaiser-Aetna: ('_) no partner or Kaiser-Aetna shall be sued or named as a party in any suit or action(except as may be necessary to secure jurisdiction of the Kaiser-Aetna partnership):(:) no . service of process shall be made against any partner.of Kaiser-Aetna lexcept as may be necessary to secure jurisdiction of the Kaiser- Aetna partnership): (4) no partner of Kaiser-Aetna shall'be required to answer or otherwise plead to any service.of process:(5) no judgment will be taken against.any partner of Kaiser-Aetna; (6)any judgment taken against any partner of Kaiser-Aetna may be vacated-and set aside at any time nuns pro tune; (7) they will not execute on tine aszets of any partner of Kaiser-Aelna:18 1 these -covenants and agreements are enforceahle both-by Kaiser-Aetna and-also by any partner of Kaiser-Aetna. d. This contract is subject to the record;ttion of Loans. C.-The terms of this contract voids and nullifies any and all other agreements between the parties hereto, pertaining to the above _• mentioned job. L This contract-has been read, understood and is satisfactory. CONTRACTOR - _ :.PONDEROSA HOMES DIVISION OF AISER AETNA, A PARTNERSHIP LOMAR CORPORATION 082 business Center Drive,.Suite 100 �! Firm.Name. Irvine, Califor -1 9266.1 J P.O. Box 2430, c :p,#3*rt Beach By: / / k �S r•'�eC. �- Title �,I! State icense 7# 212644 By. ,N - Cw;ncr City Easiness License ;t A005390 v v ACGUIRE �CTI� In- " COASTH 6632 FEE ANA ., ANAHEIM, CALIFORNIA 92806 SEWERS, _STORM .DRAINS-$ WATER SYSTEMS --Phone: (714) 528-8070 - RECEIVED rf'IPELiNE PROPOSAL--AND AGREEMENT JUL 131972 s,•< CONFRUCTION DrPT. To Ponderosa Homes Date July 11, 197 hereinafter called Owner 2082 Business Center Drive, Suite 100 It PLANS" Street Irvine, `California 92664 Tract or Job No.: 7791 & 7855 city This duly licensed corporation hereinafter called Contractor,agrees to construct in.a good and workmanlike manner for Owner. subject to the terms and con- ditions set forth herein. furnishing all labor. material. tools and equipment therefor, the work as noted herein for the unit prices as set forth below: Storm Drain System - Atlanta & Magnolia - Huntington Beach Re-Bid to incline OT=Site S.D. 1 24" RCP (1000 D) T&G 397' 11 12.40� 4, 922.80 2 30 RCP (1000 D) T&G 918 15.00 13, 770.00 3 36" RCP (1CC0 D) T&G 211' l r� 18.80 3, 966 .80 4 42 RCP (1000 D) T&G 138 16 21 .80 3,008.40 5 C.B. Std. 301, W=7 ' 1 865.00 ea 865.00 6 C.B. Std. 301, Wr 4' 5 625.00 ea 3, 125.00 7 C.B. Std. 305, Apron Trans ,6 100.00 ea 600.00 8 J.S. Type "B" 3 730.00 ea 2, 190.00 9 J.S. Modified 2 640.00 ea 1, 660.00 10 12 ACP .24 7.50' 180.00 11 Concrete Encase 12" ACP 24 6.00 144.00 —` . r Total Bid $ 34,452.00 NOTE: Item 6=6 ea . per p e" Item 7=7 ea per plans Ct� f'S No permanent paving 7' M-f,00Sand for bedding or iq4 /ton f Rock for beddigg, if required - $6.50 /ton j. t If"sand bedding or h—W1. or rock bedding.is required. to be at negotiated price. All rootage is to be measured upon completion. All permits. Inspection and engiasartag fees are to be pald bs Owner- 7be abuse prlas does mm tucluds- and resurfacing. Owner agrees to rw 9590 of the total price whp ditchra am backfAleA and flooded. the rem mining-5% aeon eomphtton. "Interest ® 756 still ba ebarged after 35 days from billing. The Contractor shall maintain in full force and effect.-compensation insurance and comprehensive liability insurance. Contactor also agrees to fur. nigh Owner with certificates of insurance upon request. Should the Owner require a bond, Contractor shall furnish.said Load and the-owner agrees to pay gay the premium. which amount shall not exceed 1-%% of the total amount of the contract. Owner agrees to furnish water at his expense to Contractor within the tract site in n—counts.sufficient for flooding trenches. All excess dirt from excavations by Contractor shall be left at trench.site:any removal of dirt from trench site, hdudlm the regrading of and -lot grades shall be the responsibilty of the Owner. Contractor agrees to set manholes to "blue top." elevations shown-vm-grade stakes. set by engineer at the time of installation of manholes. -Any sub.. sequent changes in elevations to a maximum of six 16) Inches. shall be duce at an additional cost of 32Z.00 per manhole, plus additional-ebarve of=&*0 for each additional six (6) iachm or any part thereof. In the event Contractor shall Institute and prevail in any-idiom 4or suit for the enfor I of any of its rights hereunder,-0 sm shall vac to Con- tractor a reasonable attorney's fee on accoaat thereof. ACCEPTANCE Yow am.hereby authorized to furnish and install the above McGUIRE CONSTRUCTION,Inc. equipment and materials at the price and under the terms ,and conditions-as set forth above. Owner B Y J. L. McGuire. . Date Accepted 19 19 LOMAR CORPORATION f�� I 2535 South Main Street Santa Ana,California 92707 (714) 549-3373 INVOICE i A Ponderosa Homes Division Inv. #812 of Kaiser Aetna 10/3/72 2082 Business Center Dr., Suite 100 Job #130-717 Irvine, Calif. 92664 Atlanta & Magnolia Huntington Beach d Tract 7855, 7791, Atlanta & Magnolia, Huntington Beach Storm Drain System , 100% of Contract $39,516.00 Rock Bedding as required (Material & Placement),,,,,,. --- 586 LF @ .80 LF �468.80 $39,984.80`J • i .5% .Retention 12999.24 i Total Amount Now Due $37,985.56 (Releases Attached) - n EXT.ICONTR _ SUPT� vec/�� � l et7l'- ENT'D A E . . AIP c- 'P 1l._. PAYMENT 0.K. s TRACTrACCT. 1111 AMOUNT C f F i}t F IOMAR CORPORATION (hereinafter called'SELLER'7 2545 South Main Street PROPOSAL AND CONTRACT ,A's. --Santa Ana, California 92707. t (714)�9:3373--- - PONDEROSA. HOMES TO: .......... ................................... . .......... ..hereinafter called'BUYER' 2082 Business Center Drive ................................................................................ Suite 100 IRVINE, CALIFORNIA C714) 833-2180 ........... .............. ............. TELEPHONE NO. »....... ....._.. »... ATTENTION: MR. STEVE ELDER q p p We propose-to furnish and provide necessaryp SEDo PAC materials791-7855 CITY OFe Horm. and complete the EACH work described in articular detail below at .... .. ..................................ON .... AS PER PRELIMINARY DRAWINGS— STORM DRAIN— SHEETS n9,10,11,12,.13. / �- ESTIMATE OF QUANTITIES 1) 24" C.I.P.P.- R.C.P. 397 .L.F. @ _18:@0_ $ -7-,.146:00- 2) 30" C.I.P.P.- R.C.P. 6j �: - �a�aell 3) 36" C.I.P.P.- R.C.P. �( ': /— r �y 4) 42" R.C.P. .138 L.F. @ 32.00 4,416.00 5) C. Basin Std. #307 w--7' 1 each @ 825.00 825.00 6) C. Basin Std. #307 w=4' 5 each @ 700.00 3,500.60 7) C. Basin Apron Trins. 6 each @ 105.00 630.00 8) J.S. Type "B" 3 each . . . @ 925.00 2,775.00 9) J.S. Modified 2 each @ 975.00 1,950.00 - 11) 12" ACP / -� 24 L.F. @ 15.00 360.00 -NOTE: ,✓t 'r ✓ �",� f ` �J 5 C, 1) Excavated Material from.above storm drain to be left along trench for Ponderosa Homes to utilize on-site. -2) The above unit prices do not include any backfill from top of pipe to finish surface. ( Imported material for backfill to be supplied by Ponderosa Homes, at .no cost to Lomar Corp.) . .Any backfill, Imported or existing material, to be compacted by Lomar at a unit price $2. -c.y. It is estimated the above.backfill to be :f1;000 c:y. Hopefully, a large portionpof- this quantity could be existing material. L) 1-4e2 /Z�L�� Ci �•`t�� - 77741 DATE:..».....t ULY..24r.•»»••»»•»•»»,19.2;... TOTAL PRICE.s'3 8,5»..»... This proposal is subject to the provisions and conditions contained on the reverse side hereof. Buyer arlmowk4M that.he.has read°the -:proposal and contract,including the reverse side thereof,and further acknowledges that he has received a copy of same. Terms of payment: All bids based on unit price unless specifically designated as lump-sum.proposal This offer shall expire-10 days after-the. above date. w ACCEPTANCE 7 S ll C (By Owner,Agent,or General Contractor) You are hereby authorized `to furnish all materials and labor-required to complete--the-work mentioned in-this proposal, for which .................... agree to pay the amount stated in said proposal and in-accordance with . -the terms thereof. -DATED_..»...........:.............:......_...»,19........ ..... »..»......»........._....... ...»...».»...... AUTHORIZED REPRESENTATIVE j • i a j i . r IICENSEp er �(�� C C g T TELEPHONE iscO 1 i- RO►J. CONSM�J MON r MSURED F `-541.6669 630 SO. HATHAWAY-STREET SANTA-ANA; CALIFORNIA, 92705 }i TO: Ponder sa Homes Beach Job Location Tr. Huntington (Hereinafter called Owner) 'Address: 2082 Business Center Dr. , Sui te: 100 Description Storm Drain -Gty Irvine Ca1if._,92664 PROPOSAL AND CONTRACT PPROX. iANTITY DESCRIPTION UNIT PRICE TOTAL I - 1 200 L. F. 24" R.C.P. 1000-D @ 19.50 $ 3,900.00 63 L. F. 30" R.C.P. 1000-0 @ 21.00 1 ,32"3.00 101 L. F. 36" R.C.P. 1000-D @ 23-.25 2,348.25 s 138 L. F. 42" R.C.P. 1000-D @ 26.50 3,657.00 1 Ea. C.B. w=7' r 850.00 850.00 2 Ea. C.B. w=4' @ 025.00 1,250.00 j 3 Ea. Local D`pression @ 90.00 270.00 j 1 Ea. J. S. Type "B" 610.00 610.00 " 1 Ea. J.S. Modified @ 810.00 810.00 " 526 L. F. Rock Bedding @ 1 .60 841 .60 24 :L. F. 12" A.C.P. @ 14.00 336.00 Offsi to •. .1 � 195.85 855 L. F. 30" R.C.P. 1000-D @ 2.1.00 $17,955.00 j 2 Ea. J.S. Type "B" @ 610.00 1 ,220.00 855 = L. F. Rock Bedding @ 1.60 1 ,368.00 I 20,543.00 tEMARKS: 1 Bid from unapproved plans. 2. All required import sand @ 3.10 per -ton. )ate 7-10-77 , SCOTT BROS.CONSTRUCTION CONDMONS: . -All quantities are approximate and will be-accurately measured"upon-completion-and charges made-accordingly at the-above quoted unit prices Any additional costs, caused by changes or deviations of plans.or.specifications,.will be assumed-by the Owner. The Owner 'will:furnish all permits and pay all engineering costs and/or all inspection fees involved.in the performance of this Contract. The Owner + ---will.assume responsibility for-damage to-underground pipelines and conduits that-are-not properly located by:him (the Owner). Payment of 90% will be due on or before the 10th of the month following installation of work The remaining-1001o:will be-.due im- mediately upon acceptance-by the proper.authority (unless other terms are written on this coatraetl. This Proposal will become null and void if not accepted within 30-days-after the date shown hereon. 'The Contractor agrees to perform this Contract ina skilled.and workmanlike maaner, will exercisea_-conscientious precaution to-avoid -:personal-injury or property damage. -'SCOIT .18ROS. CONSTRUCTION i :Date -::By Date Accepted by: i i .LICENSED S .0 a BROS. CONSTRUCTION TELEPHONE INSURED :i1I.61f69 - - -.-630.50.HATHAiMAY STREET 'SANTA ANA,-CALIFORNIA,.92705 • TO: Ponderosa Homes job'Location Tr. 7731 , Huntington aF-arh (Hereinafter called Owner) 7 ,.Addmu: 2082 ;Business Center Dr. , Suite 100 Description _Stprm (Drain Gar Irvine, California 92664 PROPOSAL AND CONTRACT UANTiTY DESCRIPTION UNIT PRICE TOTAL ANT 197' L. F. 24" R.C.P. 1000-D 8 1 1 9.5D $3�841 .SC ; 110 L. F. 30" R.C.P. 1000-D @ 21.00 2,310.'00 3 . Ea. C.B. w=41 @ 625.00 1 ,875.00 3 Ea. Local Depression @ 90.00 270.00 i 1 Ea. J.S. Modified ;D 810.00 810.00 307 L. F. Pipe Bedding @ 1.60 491.20 f 9,597.70 - I EMARKS: i. Bid from unapproved plans. - t. All required import sand @ 3. 10 per ton. -;,, { `"r• .r .f ~ ' -' „r.- - swTr BROS.-CONSTRUCTION .OONDITIONSr All quantities are approximate and will be accurately measured upon completion and charges.made accordingly-,at the above quoted•- unit prices. Any additional costs,caused by changes or deviations of plans or specifications, will be assumed by the-Owner. The Owner ..will furnish all permits and pay all engineering costs and/or all inspection fees involved in the performance of this Contract. The Owner will assume responsibility for damage to underground pipelines and conduits that.are not properly-located by him (the.0*xner). b Payment of 90% will be due on or before the 10th of the month following-installation-of 4vork .The-remaining 10%-will be due im- -mediately upon acceptance by the proper authority'(unless other terms are written an this contract).This Proposal will become null and void if riot accepted.within 30 days after the date shown hereon. '-The Contractor agrees to perform this Contract in a skilled and workmanlike mariner. will•exercise a conscientious precaution to avoid -personal injury or property damage. SOOT!' BROS. CONSTRUCTION �Datr :By Date •.Accepted by . 1 - f i . t 1