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Home My WebLink AboutBay Sierra Construction Company - Overmyer Reservoir - Origi I - XOM Of STATUS OF CST M HUM A. ICIPAL RRUNOIR MIXT 02 O Cftboct amew R%A doy at eaaty"t) ce"eaotie Rh dty cc eat) r M WWk pad with a s sf eeoUmaat and laba9t Ed LsW* Stprintmdents Bob Pkftr sapsdite r p2n9 an aarap of 3 or 4 am m job. Progress was s)Aw #me to ]sale of newasax7 equipunt ad helve Contractor's progneem.aaladmIs tt" to Oily fts tart feUswd In l�iroars in ®®aastrsotioan of aaoervoiir,wall feasting and etartor .yell rdpind change in Hall design and -stew espmnse to c=:tneiwe Prognse payaents were made to aaatnotoar upon ma est and pev aRLAA pvtoes establbabed by contractor. The City personnel coaper®ted is wn3W poaanible way to espedite payments, survmsyingg ainspectim and design gwoU=S# so that progross oauld be aided. It berme apserrent ch Friday 2/14/64 that the Cwatnotorss f3.seew%4 paubleas were the cause of the poor prognse by the coaatramrtcre The an wry net being paid pzu gptlye and materials neftegaa to ciaztIrm the job vm sect deUverede moral inriuiri.es concerning mvexdum materia2l MAN mere =we to Bi11 McFerrin end ZRA ldrey vefilly on the job and b r Wagraph to the Citye The sob Rtao cwWlctely shut dma Monday 2/17/64 due to lack of aa=o7 to useet the pay"]l or to met overdue -material bil?s. This iraa the 82st dap of the contract. po 2/24/649 a mating was Lead at the City Halls Thaw prooaaaat won Bob 14ilm& per Bar Mom Camp Ed Is euperintendeeaft Bob F&rMr, Expodit erl BLU IbA rrin, EaagLweringl I i10 Keith. Lowry EngirnerlM Stan, DMAing ComparM Earl Party,, Huntington Rmh Insyeatore It vas decided that the Bending Cosmpany was going to finswe ern U oa*letc the Reservoir, honer,. gre Herrmann had to get his C • and wound advise City Bill *Ferrin indicated that uten the job pnWe a t# sattsfactary and the financial picture clarified as to who had bon paid MA what obligaticaas nwdnede the City WOdd release fees PtMnt #!e r .r' 1 8o progmes mo s%do on the projeet thm Frhky 2/28/66 (the 9M day Of 0s4). with h"e►noL by ss for the unk ri, at and 1 oarponteemmir &3W of rU go aatsa&ls wort MIUMB to do 4sW waft tomud comp7lstim of the sesev- vai r AM the Oftt ed erveaatl time that bs was vsbls to got deUvery of soterial aad that sovaml prob2am still od stod With the bat sm®isotoU MI t]Y. AwU*r mating was held at the City Hall om 7+8day 3/W/64 at 20130 AM. Ptvmnt were ?fir. H®r an and Vr. Bubm of the Feting s BM grin and Earl Piem y. Brtgiaearing Dsprtumt* Mr. Herrmm prsdmod paterial bi1>,s from all esjiw soplSorm thato althmi& appmftatAar 124*8559#00 Md been paid to the contnotor the be& of the mterial inselpmtod in the job was a" pal8 for aad that sal claim for maid labor ( have been ~ with the labor [Ois4! sr 00628). lefty Is the 101at day of the oantmat affi there has boon no estisfosGUN7 pro graes for 20 working days. ?he Contra otor's crew and equipment have wov" off the site* 1L,96o.00 112f 6/6� Requestk iled eZ Wk— Pry as�F na 0 32/31/63 Request - less 11A��•c�(heck )ailed $]US-2». ��a,Pavmsat 3 2f12/64 AQusted 2uguest 7e070.00 lase W. Check held pending $6-o363.00 Clarification �_ 7 �_` RzPogT or. STATUS OF CONTROT FOR HARRY A. OVEMMIt PRIORIAL MYNICIPAL RE-SERVO UNIT #2 10/18/63 Contract executed (Ist day of contract 10/ 4/63 Begin Construction (4th day of contract) Work proceeded with a rrdni = of equipment and labor. Ed Leonp Superintendent„ D b Parker expediter plus an average of 3 or 4 men on J c,. irogress vas ,low due to lack of necessary equipment and qualified help. Coot .ctor9s pro,ress:-schedu submitted to City was not .followed in arW respect. Errors in constriction of reservoir.wall 'voting and starrier wall required charm in aval.l.. deli.-ra and extra expense to contractor. Progress payments were mde~ to contractor upon request and per unit prices establi3hed. by contractor. Phe City personnel copparateCL' in evez7 possiblo ,gay to e:T dite payments, ssrveyi.nr, inspection and design questions,p so t,"hat pro.-roes could be aided. It becar.0 apptrrent on Friday 2/1.#/64 that the Contractor 9 s financia.l probl,wT.s r:ory the c u--c of the poor p ro-rrt ss by the contractor. Me men were .not bcia lid promptly-, ar4 ratorial5 rnces�:ary to cir-ti.nue the job urere aot delivered. "e,Te 1. i x ui ri.e s concernzn ovsrdur �?terial, Mille were --jade to �L?. rind. 7rarl �'ercy �rerbslly on the job acid by telecraph u,a 1-he 4lity• f f,o job :tag; con-ple-;-yly shut dcxi x i..onday ;? 17/6� due to lackof money to met the payroll or to nect overdue ratorial bills. This the 81st day of tho contract. 1-tanda,;y, 2/ ia./61,, a, racetinE; a'. held at the City Hall:. Those present were 1-3ob Mocre;, =ner Day S e:M Canpcarkr; Ed Leon, Superintendent; 13ob Parkerp Ex ,dicer; Bill Mc?e.r?n., .Unud nr e.d n�;a 11 to Keith, TJo<fry nz,ineer ng; Bob Herrirarn, Bond nr; Oo pajW; Earl Darcy, ,JunWiw,,-ion Deaclo, Inopcetor. It vias decided that -he Bondinr� Company was going, to finance Bay Sierra to compl:etc tlac Reservoir., :oo=,raver,, ?fir. Ker rani had to Glt hi.s CaMpa,rty°s approval and rou.'Z, advise : :ty. Bill 11---Per:rin iudicatcd that when ";nc job progress was tisfacil-or,y and the financial Pict- cla�iftee' as to who had been paid and hat obligations re,-.rai.ned,, the City v-iould release Progress Payment 1z3• No progress was made on the projecV thru Friday 2/28/64. (the 90th day of contract). Progress for the week 3/2/64 th a 3/6/64 consisted of e an-up uork with hand tools by the Superintendent acid 1. carpenter and 3 laborers. No materials were available to do W work tward completion of the reser. voir and the Superintendent stated several trees that he was unable to ,yet delivery of material and that severer problems still e i.sted w th the labor commission re payroll. Another neet nS -was held at the City Hall on Tuesday 3/lo/64 at 10:30 Aft., Prou-orit c j:{r. Hcirmann and Mr. Burlaes of the 3onding Company., Bill 11--Ferrin and Ziarl Percy,, Huntington Engineering Department. '-r. IfeiTI-tan a produced Material bills froia all major suppliers indicating Vat,, zalthough appraxI tely $24859,00 had Wen paid to the contractor the bulk of the r terial incorporated in the job was not paid .for and that several claims .for unpaid labor ( have been placed with the Labor Commission (claim number 00628). 1°oday is the 1.01st day of the contract and there has been no satisfactory. progm,ss for 20 worker n days. The Contractor'a crew and equipment have moved off the site. Prom as Pavment irl 1 ,960.00 l 1,j26/63 Request le s P, 101 12/ 6/63 Check !!ailed 33.3, 4.00 PraMus Parent ;'r''.2 11095.010 .12/31/63 Request _ less 10 a Che--k a ai lod L 3b#2 * O Lr 0—ZI—r—P ^ac �yrt 2 Yt aiA 2/12/64 Adjusted &-,,queuL 7,070- 3C. 063-00 Clarification (0 PY i f --- 269 February 39 1965 Mr. Hobert E. Hermann 1741 North Ivar Ave.sulte 2.09 Hollywood 28, Calif. Re: Bay sierra Construction and Equipment Company Bond No. 55658 - Harry Overmeyer Reservoir Dear Sir: I received your letters and documents and. everything appears to be in order and we are In agreement with every-: thing except the claim by the Labor Commission and Smith &. Thorpe claim. We do not wish to go on record as to the .legality of these claims but in the event they are able to_ establish a legal claim; then we would be held liable. If you could put up a $2200.00 bond , ixe could re , lease all present bonds which you have outstanding. I hope this arrangement meets with your approval a-s this should clear up matters from our positions Yours very truly, JAMES D. PLUNKETT, City Attorney B y GE0RGE SHIBATA, GS:h Asst.City Attorney LAW OFFICES DAVID E.ROTKIN ROTKIN Sc NAZARIAN JOHN K.NAZARIAN 611 SOUTH KINGSLEY DRIVE LOS ANGELES 90005 PAUL S.SHERMAN DUNKIRK 1-3931 August 13, 1964 Mr. Robert E. Herrman Attorney at Law 1741 North Ivar Hollywood, California 90028 Res Lemeur Welding & Mfg. Co. vs. Bay Sierra Construction Co. , City of Huntington Beach, National Union Fire Insurance Company, etc. , et al. - Our File No, 1173 Dear Bob: This is to confirm our recent telephone conversation advising me that you represent National Union Life Insurance Company of Pittsburgh, Pennsylvania, the surety on the Overmeyer memorial Reservoir job which was bonded by your client as surety on behalf of Bay Sierra Construction Co. who has abandoned the job, and therefore, National Union is obligated to the labor and material claimants under their bond. As we advised you, we have filed suit against National Union and Bay Sierra, and since an answer was not filed within the time allowed, a default has been taken against National Union. However, in accordance with our agreement, we are holding further action in abeyance to give you an opportunity to familiarize yourself with this matter, and we are more than ready, willing and able to prove up the value of the labor and material that has been placed on this job by our client, LeMeur Welding & Mfg. Co. We will appreciate hearing from you in this matter at your earliest convenience so that we can resolve this relatively small claim without undue delay, trouble or expense® Very truly yours, ROTKIN & NAZARIAN 4- By John K, Nazarian JKN:jpt CC.- City of Huntington Beach P. 0. Box 269 Huntington Beach, California 92648 Attention of Mr. George Shibata, Assistant City Attorney �/�_ \ . ��r✓ �i �� '�' �,� � �� 71�W �v� � �1�6Tay City of Huntington Beach F 4, March 28, 1964 0 1wla.tional Union it e Insurance Company of Pittsburgh, Pennsylvania Pittsburgh, Pennsylvania Re Bay Sierra Construction Corry yak ray ` Performance Bond 55658 I Dear Sir: As the',surety far Bay Sierra Cop C&n any, miho in turn was a: .cpntrac.tor for the building of the Harry.Overmeyer 'Reservoir, Unit'No. %, in the City of Huntington Beach, �: Irish to inform you that:Bay Sierra Construction Companv in our opinion has,not lived up to their. oromises under their -contract with the City of Huntington Beach. Therefore., we are puttirx them on notice, that unless work is being perfornned as: per our contract prior to March 27, 1964, this contract will be considered breached by Bair Sierra Construction! Company. We are holding your PerformAnce Bond in the sure of.$1118,186. 50, signed anti sealed by you can October 11, 1963, also a Labor and. Material Mond in the sure of $59,Q93. 25 executed on the same day. If the principal in this case, Bay Sierra. Construction Company is un-. able to comr ly with their obligations under our contract, and at this tune it appears they will be unable to do so, the City -wishes to inform yyou that we.would like A letter of intent from National Union Fire Insurance Company. The'letter of Intent beireg, whether or not you as sureties, wish to continue or take over the corRpletion'of the work. started by your principal. We would like such a latter of intent within. 10 days. of March 27, or by April 7, 1964, and also time by which you feel you could begin work. Anccrely y Ctrs, Ae ° GEO SHIBA'I`A Assi/start City Attorney CS/id encl 1 cc: Bay Sierra Construction Company Mwt �* `O CITY -------------------------- t 909a 269 CALIFORNIA— RSA 4e»t address__ = %.jj ;ouch post office in state.. it,not rem"in this eavpMt v c, Bay Si ra Construction Company 18571 Bea Boulevard Huntington ach, California y CW >. ;i5 M�.� � v July 249 1964 Rotkin k N&zarian 611 South Kingsley Drive Lae Angeles, California 90005 Attens Mr. John K. Kazarian Re: Overmeyer Reservoir Huntington Beach Gentlemens Please be advised that our contract with the National Union Fire Insurance Company of Pittsburgh, Pennsylvania:, dated may 49 1964, states in paragraph 4 on. page 3 quote: "The contractor will not be hold responsible for the obligations created by the prior contraotor9 Bay Sierra DConstruction and Equipment Co.---" I hope that this letter satisfies your needs. Sincerely yourss CC4 James A. Taylor i,Ajgd I IN City of Huntington Beach .. . « o --- 269 California August 7. 1964 O Brown & Brown, 2020 W. Temple Street, Los Angeles 26,Calif. Att: Mr. Howard B. Brown Re: Pacific Clay Products vs, Bay Sierra Construction & Equip. Co. City of Huntington Beach DeC,r Mr. Brown; Please be advised that we Pre endeavoring to clear up the situation created by Bay Sierra Construction Companyi. As you know, we received a notice to withhold, but only before the last payment was due to Bay Sierra Construct- ton company. Therefore, If there are not enough monies to pay off each creditor, your recourse will be to proceed against the surety on the bond. You will probably hear from us within ten days as to the amount the "131ty will be able to pay you. Yours very truly, GEORGE SHIBATA, GS:h Asst.City Attorney BROWN & BROWN g303; HOWARD B. BROWN ATTORNEYS AT LAW _DUNKIRK 5-5441 ' THE 3030 BUILDING M ATNARD J. BROWN � - O (,,.•�STREET P - 3030 WEST TEMPLE RODNEV MOSS � - Cf) LOS ANGELES 26 ?•.<`:) SHELDON H. SLOAN 21 4 •. i•, July 31, 19 64 N �� cJ nP •)� �U - } r`•. CITY OF_HUNTINGTON BEACH. City Hall Huntington Beach, California Re: Pacific Clay Products Vs: Bay-Sierra Construction & Equipment Company, City of Huntington Beach Gentlemen: Please be advised that on July 29, 1964, Pacific Clay Products filed suit in the Municipal Court of Huntington Beach= Seal Beach Judicial District, case no. 2311, -for the purpose of enforcing the Notice to Withhold served upon you in connec- tion with the construction project known as Overmeyer Reservoir, Garfield and Main Streets, Huntington Beach, California:. Very, truly yours, ., B OWN By, #oward Brown HBB:js Certified-RRR N3 3 ''64 M, .R T E 0�-, Y E LV, RE CITY OF HUNTINGTON BERG BROWN & BROWN �•' ;y�� _ � --A ATTORNEYS AT LAW JUL31'64 THE 3030 BUILDING • 3030 WEST TEMPLE STREET /- '�'�~'' �< LOS ANGELES 26 �`" f� ru. 763151 I< 4 CITY OF HUNTINGTON BEACH City Hall ' Huntington Beach, California Certified-Return Receipt Requested