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HomeMy WebLinkAboutRodney and Nan Eide - Reimbursement Agreement 77-W5 - Water REIMBURSEMENT AGREEMENT BETWEEN RODNEY AND NAN EIDE AND THE CITY OF HUNTINGTON BEACH FOR WATER MAIN CONSTRUCTION (77-W5) THIS. AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "CITY" and Y RODNEY EIDE, and NAN D. EIDE , individuals , hereinafter for convenience referred to as "BUILDER". W I T N E S S E T H Recitals : 1 . Builder, pursuant to agreement with City , has , at his own cost and expense, constructed 80 lineal feet of 8" A.C.P. water main, one (1 ) fire hydrant., and one 2" blow-off assembly, hereinafter referred to as FACILITIES, to serve "BUILDER' S" development known as Lot 157 of Tract No. 417 and adjacent properties known as Lots 132, 133, 156, of Tract 41.7. 2. Said facilities have been constructed in conformity with the plans . and specifications approved by the Director of Public Works of City, and have been dedicated to City. 3. City desires to reimburse Builder for the cost of construction of said t facilities, less Builder' s portion , as provided by the Huntington Beach Municipal Code/I,J!j, WHEREFORE, in consideration of the covenants and agreements herein contained , the parties hereto agree as follows : 1 _rom the desk of JAMES GEORGES i � P _ r i j v I I � I i I Cost of Facilities, and Area Served: Builder has constructed at a total cost of $3,000.00 a water mainline and appurtenances to serve Lot 157 of Tract 417 and adjacent properties. Exhibit "A", attached hereto and made a part hereof, is a map of the area served. Builder has dedicated said Facilities to City. Refund: The refund to be paid to Builder, out of available funds , under this agreement is as follows - Total job cost of facilities $ 3,000.00 . Less Builder' s portion 750.00 Gross refundable $ 2 ,250.00 Less 10% per Huntington Beach Municipal Code Section 14.20.060 (C) 225.00 Net Refundable Amount $- 2,025.00 Conditions : A h C `e'6-c e—i, `j=�%� No refund shall be made by City to Builder until the Director of Public Works shall certify in writing to the Finance Director that Builder is entitled to a refund by reason of connection having been made to Facilities in accordance with the Huntington Beach Municipal Code, and that City has received the water service fees from the area served. Refunds shall be payable for a period of five years. only from the. date of applicant' s application for main line extension. Refunds shall be made from subsequent development .as set forth in Section a0, t?loo(i,) of the Huntington Beach Municipal Code. Refunds. shall not exceed ninety percent of offsite construction costs. Refunds shall bear no interest. Refunds shall be payable only to the original applicant or applicants. Upon death of applicants , the right to refund shall terminate. City shall not be liable for payment of any refund. - by reason of its failure to collect or receive from any person or entity the water- service fee. If a 2. developer who develops property served by the Facility constructed by Builder i.s required as a condition of development to construct additional . facilities , City may allow said developer credit toward the. water service fee, and no fees shall be due Builder by reason of such construction. In the event .City does not require a developer. to deposit the water service fees with the City prior to or concurrent with development ,. City may enter into an agree- . ment with said developer stating that said developer is obligated, not only to. the City, but to Builder,. and to developers who have previously contributed to the cost of con struction of facilities. constructed hereunder to deposit said _fee with City. The City shall not be required to pay attorney' s fees or court costs for any breach of this agreement. In the event this agreement conflicts with or contradicts any City ordinances , such ordinances shall prevail. over the terms of this, agreement. (REST OF PAGE NOT USED) 3 WITNESS OUR HANDS- AND SEALS the day, month and year appearing below. DATED this day of 19 CITY OF HUNTINGTON BEACH (CITY) : a municipal corporation . Mayor ATTEST: City Clerk RODNEY EIDE (BUILDER) APPROVED AS TO CONTENT: NAN D. EIDE City Administrator APPROVED BY INITIATING DEPARTMENT Director of Public Works APPROVED AS TO FORM: _City Attorney Y 41 �g- J _ Go . MOLT. ,Jo.oS T C T TRACT108 �r V) (10� �J p 28) (29) 27 131 . 130 i29 128 /P 7 126 I125 124 ro l3 / 3 134 /35 136 137 138 139 NO. 62,54 2) �) " 117 118 1' ---- N t9 � 119 1.. /•... . . /20 18 8" A �• p --DONALD So s \ C) 2 �6� .(7� (\8) LL4�.r_.. f5 -- Z v r S 57 5 /55 134 153 152 %5l 150 14.9 14 —...---- - -- - -- _ - ---- -- - " 10 EXW5 -„IT A- ]//�l 9EfJ0TES ARE P SERVFO DY rWL I TIES REIMBURSEMENT AGREEMENT BETWEEN RODNEY AiiD NAN FIDE AND THE CITY OF HUNTINGTON BEACH FOR WATER MAIN CONSTRUCTION ( 77-W5) � Vf,/THIS *A GREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for con- venience referred to as "CITY" , and RODNEY EIDE and NAN D. EIDE, individuals , hereinafter for convenience referred to. as "BUILDER" W I T N E S S E T H: — — — — — — — — — — Re tals 1. BUILDER, pursuant to agreement with CITY, has , at his own cost and expense , constructed 80 lineal feet of 8" A. C .P . water main, one (1) fire hydrant , and one 2" blow-off assembly , hereinafter referred to as FACILITIES, to serve BUILDER' S development known as Lot 157 of Tract No. 417 and adjacent prop- erties known as Lots 132, 133, 156, of Tract 417 . 2. Said facilities are offsite and have been constructed in conformity with the plans and specifications approved by the Director of Public Works of CITY, and have. been dedicated to CITY. . 3 . CITY desires to reimburse BUILDER for the cost of con- struction of said offsite facilities , less BUILDER'S portion, as provided by the Huntington Beach Municipal Code §14 . 20. 060 . WHEREFORE, in consideration of the ..covenants_ and agreements .herein contained, the parties hereto agree as follows : 1.. Cost of Facilities and Area Served: BUILDER has constructed at a total cost of $3,000 a water line and appurtenances to serve Lot 157. of Tract 417 and adjacent properties . Exhibit "A" , attached herto and made a part hereof, is a map of the area served. BUILDER has dedicated said FACILITIES to CITY. Refund: The refund to be paid .to BUILDER, out of available funds, under this agreement is as follows : Total job cost of facilities $3,000 . 00 Less BUILDER'S portion 750. OG Gross refundable $2,250 . 00 Less 10% per Huntington Beach Muni- cipal Code §14. 20. 060 (c) . 225. 00 Net Refundable Amount $2, 025 . 00 Conditions: Refunds shall not exceed 90% of the offsite construction costs . No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance Director that BUILDER is entitled to a refund by reason of con- nection having been made to FACILITIES in accordance with the Huntington Beach Municipal Code, and that city has received the water service fees from the. area served . Refunds shall be payable for a period of five. years only from the date of applicant' s application for main line extension. 2.. i Refunds shall be made from subsequent development as set forth in Section 14 . 20 . 060 (i) of the Huntington Beach Municipal . Code. Refunds shall bear no interest . Refunds shall be payable only to the original applicant or applicants . Upon death of applicants , the right to refund shall terminate . CITY shall not be liable for payment of any refund by reason of its failure to collect or receive from any person or entity the water service fee . If a developer who develops property served by the FACILITIES constructed by BUILDER is required as' a condition of development to construct additional facilities , CITY may allow said developer credit toward the water service fee , and no fees shall be due BUILDER by reason of such construction. In the event CITY does not require a developer to deposit the water service fees with the. CITY. prior to or concurrent with development , CITY may enter into an agreement with said developer stating that said developer is obligated, not only to the CITY, but to BUILDER, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with CITY. The CITY shall not be required to pay attorney ' s fees or court costs for any breach of this agreement . j . r s In the event this agreement conflicts with or contradicts any CITY ordinances , such ordinances shall prevail over the terms of this agreement . WITNESS OUR HANDS AND SEALS the .day., month and year appear- ing below.. Dated this day of , 19 CITY OF HUNTINGTON BEACH a municipal corporation Mayor ATTEST : City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator City Attorney INITIATED AND APPROVED: Director of Public Works BUILDER Rodney Eide Nan D. Eide 4 . RMG ENGINEERING, INC. Civil Engineers, Planners & Land Surveyors 3990 WESTERLY PLACE • NEWPORT BEACH, CALIFORNIA 92660 (714) 752-8171 April 29, 1977 cap?., C UBL.ICWORKS 4 I' 2 1977 CITY OF HUNTINGTON BEACH Public Works Department P. O. Box 190 Huntington Beach, Calif. 92648 Attention: Mr. H. E. Hartge Re; Water Rate Study Dear Mr. Hartge; This letter will confirm our understanding reached in your office earlier this week, which is that RMG Engineering, Inc. will provide the services of J. K. Mandrell for the purpose of making a recommendation for an increase in the City's water rates sufficient to offset the expected shortage in the coming year's budget for the Water Department. RMG Engineering will be compensated at,a rate of $30 per hour not to exceed 50 hours. We will invoice monthly and be paid within 30 days of the date of the invoice• Your confirmation of this letter by signing below and returning one signed copy for our files will be appreciated. Very truly yours, RMG ENGINEERING, INC. CITY OF HUNTINGTON BEACH J. K. Mandrell, RCE 13703 BY / /7 President JKM;c *'_' _ Rough Draft JG: bc 8/24/77 MEMORANDUM OPINION TO: Art De La Loza, Contracts Administrator FROM: James Georges, Deputy City Attorney SUBJECT: Reimbursements for Water Main Extensions Your question is, does the new language of the municipal code section 111 . 20. 060 apply retroactively? The answer is, no . Normally, new code sections or code amendments do not apply retroactively. I do not agree with your statement in your request for opinion that "at the time of construction, the above code required that no refund be made unless the facilities were 'oversize ' . " The "oversize" re- quirements were not deleted . The only change made was a refund may be made for all water main extensions whether they be oversized or not . A readin � the code sections supports go-f��- � this conclusion. Section 14 . 20. 010 states in part that the Water Department shall determine the size and total costs for such a water main extension. It also says that in the event the deposit is in excess of the actual cost of installation, the excess amount shall be returned to the applicant and that the Water Department Superintendent may authorize the applicant to install the extension lines at applicant ' s sole cost and expense and that such lines shall thereafter become and remain the property of the city. Section 111 . 20. 020 states that the Water Department Superintendent shall determine whether the best intrests of the city' s water system would be served by a line larger than required by the applicant ' s need. '' l . In view of the preceding sections, Section 14 . 20. 060 states the conditions for refunds applicable to oversize water mains and water main extensions . I think that Section 14 . 20. 010(d) , which has not been amended, controls here. "14 . 20. 010(d) In the event the deposit was in excess of the actual cost of installation, the excess amount shall be returned to the applicant . In the event the deposit was less than the actual cost of installation, the applicant .shall ,immediately pay to the Water Department the deficit . " I agree that there may be some- ambiguity when reading together sections 14 . 20 . 010(d) and 14 . 20. 060(c ) . Reimbursement Agreement 77-W2 should not be executed. JG:bc APPROVED: DPB Irv- 2. • City of Huntington Beach P:O. BOX 190 CALIFORNIA 62646 ENGINEERING DEPARTMENT May 9, 1977 Honorable Mayor and Council Members City of Huntington Beach Attention: Floyd G. Belsito City Administrator Subject: Amendment for. Code Section 14.20.060 Refunds for Water Main Extensions Dear Council Members: Transmitted herewith. is an ordinance to amend Section 14 .20.060 of the ' Huntington Beach Municipal Code, relating to refunds for water main extensions. The amendment will delete the words "Oversize Mains" from the title to Section 14 .20.060 and provide for refunds for both oversize and offsite water main extensions. Further, it will, s.et .the. five (5) year limitation from the date of the Director of Public Work' s acceptances of A main line extension rather than from the date of applicant' s application as presently provided. It is recommended that your Honorable Body adopt the ordinance. Very truly yours, E. H rt e 9 Director of Public Works HEH:JWW:mc ORDINANCE NO 2196 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 14. 20 .060 PERTAINING TO REFUNDS FOR INSTALLATION OF OVERSIZE MAINS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Section 14. 20 .060 to read as follows: 14. 20 .060 Refund conditions . Notwithstanding any other provision of this chapter, the payment of refunds shall be governed as follows : (a) Refunds shall be payable for A period of five (5) .._years only from the date of the director of public work's ac- ceptance of a main line extension. (b) Refunds for oversize water mains shall be made from fees derived from subsequent development as set forth in Sec- tion 14 . 12.010 of the Huntington Beach Municipal Code . (c) Refunds shall not exceed 90 percent of offsite con- struction costs . (d) Refunds shall bear no interest . (e ) Refunds shall be payable only to the original appli- cant or applicants . Upon death of applicant, the right to re- fund shall terminate. In the event applicant is a partnership or corporation, the dissolution of the partnership or corpora- tion shall terminate the right to refund. (f) The city and city .water department shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the main line paid for by applicant . (g) The city water department 's refusal to allow any con- nection or connections into the main line paid for by applicant shall not make the city. or city water department liable to applicant for any refund which might have accrued to applicant J G:ahb 1. � Y y if such connection had been permitted-. (h) The city retains the right to allow a connection by any public agency exempted from payment of connection fees and city shall not be liable to applicant for refund because of . the .connection. (i) Refunds for offsite 'water main extensions shall be made from fees- derived from subsequent development . at the rate set forth in Section 14 . 20.010. . SECTION 2. This ordinance shall take effect thirty days after its adoption. The. City Clerk. -shall certify to the passage of this ordinance. and cause same. to .be •published within fifteen days after adoption in the Huntington Beach News, a- weekly news- paper of general circulation, printed .and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of. the City of Huntington Beach at a regular meeting thereof held on the ._ 6th . day of June , 1977 Mayor . ATTEST: APPROVED. AS 'TO FORM: 01, City Clerk C ty .At n y REVIEWED AND APPROVED: INITIATED -AND APP VED: City Administrator 2. �► Or No. 2196 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M.. WENTWORTH, the duly. elected; qualified-.City Clerk of the City of Huntington Beach and -ex-officio Clerk of the Y City Council of the said City, do hereby certify that the whole number of members of the City Council of .the City of .Huiitington Beach is seven; that the foregoih' -ordinance was.read to said City.Council at a regular meeting thereof held on the .16th. day'of May 1977 and was again read' to said City Council. at a regular meeting thereof. held on the . . '6th.. day of June 19 77, , 'and was passed and adopted by ihe 'affirmative vote of more than a majority of all the members of said City Council.. AYES: Councilmen: Bartlett, 'Gibbs, .Si6bett .Shenkman; Pattinson . NOES: Councilmen: None .ABSENT: Councilmen: Wieder, Coen Alicial M. .Wentworth' Pity. Clerk. and ex-officio. Clerk: of the City Council of the City of Huntington Beach,. California J "fM CITY OF HUNT INGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNEINGTON REACH To Ed Elevatorski From John Whipple Subject Claim for Reimbursement Date March 31, 1977 Water Main Construction Attached are documents concerning a claim for reimbursement for a water main built in Beach Blvd south of Talbert Avenue. Please review these documents and verify the . following: 1.; That the water main in question was installed by William Dalton at his expense. 2. That the cost of installing the water main is reimburse- able in accordance -with Sections 14,20 . 010 thru 14 . 20 . 060 of the Huntington Beach Municipal Code. 3. That subsequent developers have made connections to the water main. 4 . That the construction cost of the water main is an accurate reflection of prevailing construct cost in the industry at- that time. J n Whipple d inistrative Aide JWW:mc Encl. STRINGER COMPANY (714) 979-7538 l/IAH�/ G11�111� 17890Skypark Circle Irvine,California 92707 October 15, 1975 1 City of Huntington Beach RE: Tract No. 7636 2000 No. Main Street J.N. 0033 Huntington Beach, CA. 92648 File 7004 Attention: Mr. John Whipple Gentlemen: As part of the improvements for Tract No. 7636, Signal Landmark installed 602 1.f. of 24 inch A. C. water main and one 24 inch gate valve in Springdale Street. I believe it is reasonable to assume that a main of this size is intended to benefit the entire water system and, as such, the cost thereof should not be borne by the few lots adjacent thereto. I also believe that it would be reasonable for Landmark to expect a reimbursement for the difference between the cost of a 12 inch main and .a 24 inch main. I enclose a copy of the water contract for this project and hereby request that consideration be given to reimbursing Landmark as follows: 602 1.f. 2411 main @ $28. 59/1.f. $15, 531. 60 1 ea. 24" gate valve @ $2, 660. 00,/ea. 2, 660. 00 Sub-Total $18, 191. 60 Less: 602 1. f. 12" main @ $8. 50/1.f. $ 5, 117. 00 1 ea. 12" gate valve @ $640. 00/ea. 640. 00 Sub-Total $ 5, 757. 00 Net Reimbursement Requested. . . . $12, 434. 60 (continued. . . . . . ) � y STRINGER COMPANY �1 C (714) 979-7538 tJUFIN 17890Skypark Circle Irvine,California 92707 City of Huntington Beach Attn: Mr. John Whipple October 15, 1975 Page -2- It is noted that all water fees were paid in full for Tract No. 7636. It is also noted, that a similar situation will probably occur in Tentative Tract No. 8995, when Springdale Street is extended southerly of Talbert Avenue. I will appreciate hearing from you on this request. Very truly yours, THE STRINGER COMPANY By2 L George/)b. St inger Civil tngineer :crm Encl. C0114 RA.CT 0033-05 TRACT 7636 PHONE NO. 714/547-9353 s 1011 . May 74 THIS CONTRACT executed day of a 19_ by and between the undersigned,Owner hereinafter designated as "Owner," and ECENNEDY PIPELINE, INC. sometimes hereinafter designated as "contractor," 711 N. Fairview Ste A' 1 7 N E 5 S E T H Saata Ana., Cog_L 9Z703'WHEREAS, the Owner intends to or is erecting a number of homes upon those certain parcels of real property situated in IfuntIngton Beach Orange 7636 . and recorded in the office of the County Recorder of —County, as Tract No WHEREAS, Contractor is desirous of doing the 111TATER ] ISTRLBU IO SYSTEM" work and of furnishing all labor, materials, equipment, etc., necessary therefore, for the number of units thereof as hereinafter provided, Contractor being duly and regulary licensed so to do. NOW, THEREFORE, IT IS HEREBY AGREED: - ARTICLE I: Contractor agrees: "A A rq E (1) To furnish all material, labor, equipment, permits, transportation, and to perform all work necessary for the complete installation of all ` Ei b Gti AISTRIB UTIO SYSTEM". to include all necessary and related items so as to produce a complete.•job. ,functioning an intended with no exceptions. INC Y.USIONS: Aw. Perform all excavation, compacted backfittR furnish and install all pipe. fire hydrants. fitti.ags, gate valves. anchor and thrush blocks. and, service to inctude meters and meter boxes. j B, After installation of this work, the trench yea is to be regraded to meet I - eilating grades. Co. The responsibility of adequately setting to grade and iti.':entifyiag the exact locadl on of vat.;res, services and any other portion of the inetaltation its a satisfactory a-manner is part of this Contract. CONTINUED—SEE ATTACHED ADDENDUM Oran e on such of the parcels of real property hereinbefore described situated in said County of that shall be designated by Owner, all in accordance with this Agreement, the regulations, specifications and requirements of the CITY AND/OR COUNTY, the Drawings and Specifications of Owner and "the General Conditions of the Contract" attached thereto and a part thereof, which Drawings and Specifications including said "General Conditions of the Contract," are by reference incorporated herein and made a part hereof as if set forth in full. All work and materiels in accordance with plans and specifications and not withstanding any inaccuracies contained therein, all work and materials must be approved by CITY AND/OR COUNTY and secure final acceptance by Ovrner. (2) Contractor shall complete the several parts of the whole of the work agreed to be performed by him within the time or times as follows, to-wit: PER Cff NER IS SCHEDULE E, t Time is of the essence hereof. Contractor shall coordinate the work to be done by him with all other contractors of Owner. (3) Contractor recognizes the relation of trust and confidence established between him and the Owner hereby and shall give, furnish and render his best skill, judgment, attention and supervision and cooperate with the Owner in forwarding the interests thereof. ' (4) Owner without invalidating the Contract may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions hereof, except that any claim caused thereby shall be adjusted at the time of ordering such change. In giving instructions, the Owner shall have authority to make minor changes in the work not involving extra cost and not inconsistent with the purposes of the building but otherwise except in an emergency endangering life or property no extra work or change shall be made unless in pursuance of a written order from the Owner, and no claim for any addition to the contract sum shall be valid unless so ordered. The value of any extra work or change not minor, ordered by the Owner in writing, shall be determined in one or more of the following ways: (a) By estimate and acceptance in a lump sum; (b) By unit prices named in the contract or subsequently agreed upon; (c) By cost and percentage or by cost and fixed fee. If none of said methods is agreed upon, Contractor, provided he receives an order in writing, shall proceed with the work In such case and also under the foregoing subparagraph (c) Contractor shall keep and present a correct account of the cost, together with vouchers, including not to exceed a ten percent (10%) allowance for profit to the Contractor. Pending the final determination of the value thereof,75 % of such cost and profit shall be paid unto the Contractor. If the Contractor claims that any instructions by drawing or otherwise Involve extra cost under the Contract he shall give the Owner written notice thereof within. - -easonable time after the receipt of such instructions and in any event before proceeding to execute the work. No claim on the part of the Contractor shall be valid unless so made. (5) Neither the final certificate nor oavment nor any provision hereof shall relieve the Contractor of responsibility for faulty materials or workmanship ani unless oiherwise specified he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear within a pxlorJ of one year from the date of substantial completion. Owner shall give written notice cf observed defects with reasonable promptness. (6) If the Contractor shall neglect to prosecute the work properly or fail to perform any covenant or condition -of the Contract, the Owner after five days written notice to the Contractor may without prejudice or any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Contractor. (7) Contractor shell maintain such insurance as will protect him from claims under Workmen's Compensation and from any other claims for damages for personal injury, including death, which mey arise from operation under the Contract whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Certificates of such insurance shall be filed with the Owner if it so requests and shall be subject to its approval for adequacy of protection. (8) Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by the drawings and specifications for the completed structure. Any cost caused by defective or ;11-timed work shall be borne by Contractor. Contractor shall not endanger any work by cutting, digging or otherwise and shall not cut or alter the work of any contractor save w:th the consent of Owner. Should Contractor cause damage to any separate contractor on the work the Contractor agrees upon due notice to settle with such contractor by agreement or arbitration. If such separate contractor shall sue Owner on account of any damages alleged to have been so sustained, Owner shall notify Contractor who shalt defend such proceedings at Contractor's expense and if any judgment against the Owner arise therefrom, Contractor shall pay or satisfy it and pay all cost incurred by Owner. (9) Contractor shall forever indemnify and save harmless Owner, its officers, directors and c.—plcyees, from any obligation, liability, lien, claim, demand, cause or causes of action whatsoever, or lot: whatsoever die to or arising out of or cia;med to arise cut of the performance by Contractor of the Contract end/or the doing or 1`5;hng to do anything by the Contractor his agents, servants, employees or invitees. Contractor shall pay when due each end every obligation, liability, indebtedness or claim 'mated or i"curred or caused by Contractor his agents, servants and empio{aes. Owner shell not have any obligation or liability whatso. ever �,+to Contractor, his agents, servants and employees excepting only the payment unto Contractor subject to the conditions and covenants of the Contract, the contract price at the time and in installments as hereinafter provided. - ADDENDUM to be attact to and become part of Agreer it between SIGNAL L„�,I�"DIv1ARK, INC, and I x:N1 NF_DY PIPFEL11 E, INC. for t4ie "I�ATER DISTRIBUTION SYStem'r on Tract 7636 . located in the City of Huntington Beach, County of Orange. ARTICLE. I (Continued) LNCJL6.f sIONSa W.- - Making, conwction(s) to existing facilities- -is -included and the cost is to be...... absorbed in mlit:coet of the item beiug connected to the e3dsting facilities, E. The Qn�re system is to be tested and sterilized- to the satisfaction, acceptance and to accordance vAth goveraing authoritfes,• This is to include obtaining the decaseary ease r'egUred ce-i cater ®f aprprovat. Valve N-sxees, sir similtar appurtanances are to be reatee3d to proper elevation or grade. any item6 that fait paved -areas shalt have traffic frame+ and lids.- xRb IMtijSir..�S'4t a A.- and permit fees„ bi Permanent A&C. pap:vamerA patc1ling at va-lve bamas. �O,T A. Omisa oes from th--a piano and specifications shalt not relieve tlj� Subcontractor from thw reapoa�lr�i:tt,r of furnla.%Lzg, rr—mldmg or Installing nit (terns roquired by code or usually furnished. made-or tnstatLed In-a project of the.scope and general charactei r as indicated by tbe:ptans and speciAo cation s. . . Usa onty drawings marls CONST UCTI© DXAWINGS for ordering material and field. Use. PAYMENT SCHEDULE E +602 Is.', Zf! ' A.C.P. 25.Eti per I. per $151, 331.64 1287 L.k 12"Ai.C.P. 8. 50 per JF:. F a 10.939.50 132.L.F 8 it A.C.P* �� S.20 per L. F a 686.40 4572 L,F 6 A.C4 P. @ 4. 30 per L.F X 190 659.0 60 7 sacra ;Fire Hydrant Assemblies @ 74tt.00 e+a. 5. 180.00 13 ca. 6" vatves 330. 00 ea. 4.290.00 € ea. 12" eetva d 640.00 ea. . ' 64-0.00 I-eik. 24" valve+ Q 2.660 00 ea. 2.660.00 . 911 .3/4" Plastic Services 9' 128.00 ea. 12,416.00 97 5/$" Water Meters � . 64.00 ea. � �+,,,G08 oo TOTAL CONTRACT $790 211. 10 .MT .4 Sand backfilt or rock bedding shalt be charged at Invoice price plus 15% Ten percent (10%) reteation to be withheld unfit completion and acceptance of this installation. SIGNAL LANDUXRK, YID LIC.#J 62291 BY JAY J 0033-09 i i ADDENDUM to Agreement dated 8 May 1974 between Signal l andmark,inc. , and Kennedv Pivetina Inc for the jVATF Jt D15TRIBUTIoN SYSq%M".,': Tract 7636 located in the City of Huntington Bc County of Orange NOTE-: _ .. . • , . . - - . . . The premises are to be .left in clean workmanl,ike,manner, with all rubbish., ,debris, etc. resulting from this work, completely removed as directed by the Owner. ' In the event this clean-up is not done as directed, then the°Owner shall have the right' to do the clean-up or cause it 'to be done, with all costs resulting therefrom to be charged to the Contractor. Cost of all safety requirements of State of California, Department of Industrial Relations, and U.S. Labor Department Occupational Health & Safety Rules shall be included in this Contract. All work -to be done in accordance with applicable laws, building ordinances, statutes, rules and. regulations and to complete satisfaction of Owner and/or his Agents. ` " 'If, -as a result of flood,'".fire, earthquake, act of God, war, strikes, picketing, boycott, lockouts, law, .government regulations or. any other cause beyond Owner's control , Owner determines to postpone prosecution of Contractor's work, Contractor shall , upon receipt of written notice from Owner-, immediately discontinue further work unti•1 such time as Owner 'advises Contractor to resume work, which Contractor shall promptly do upon receipt of written notice from Owner. Contractor hereby releases and discharges Owner from any liability for damages or expenses which may be caused to or sustained by Contractor by reason of such cessation.. of work. Owner shall be under no obligation. to protect Contractor's work, 'materials, tools; equipment and facilities. -- Contractor shall bear all risk of loss and damages thereto, by whatever cause- inflicted, until the job is accepted by Owner. Failure to maintain schedule and/or quality shall be sufficient cause for cancellations of the unfinished portion of this Contract and permit Owner to seek material and services elsewhere. Any cost in excess of the Original- Contract in so doing shall be charged back to this Contractor. Execution of this Agreement,- is evidence that the Contractor has made himself familiar, and is satisfied with all the conditions affecting the work to be done, including all local , governing, applicable codes, ordinances, requirements, etc. , as • a basis for this work. Any work incidental and/or appurtenant to the item(s) of payment, shall be absorbed and included as a part of the (unit) prices) set forth and/or established for' the particular item(s). I A reed prices to remain in effect through a or to the completion i 9 P 9 $ rP.�y 1,75 P of any phase of construction started during this period. ! Payment is to be made for actual work installed, completed and accepted, based on the following payment schedule. SUBMITTAL ITEMS REQUIRED: A. Only as required by local governing agencies. Owner's Initial ' Subcont Initial - "EXHIBIT" 003.»05