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HomeMy WebLinkAboutMINUTES - 03221994 - 1.114 ''i ( ` TO: BOARD OF SUPERVISORS FROM: COUNTY COUNSEL DATE: March 22, 1994 SUBJECT: Settlement of, Litigation Highway 4 (State Route 160 to Big Break Road) Widening Project, Oakley Area SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. APPROVE settlement of County of Contra Costa v. Joe Foster Excavating, Inc. , et al. , and other related litigation involving stop notices filed on the above-described project. 2 . AUTHORIZE Board Chair to sign Mutual Releases of All Claims and Settlement Agreements. 3 . DIRECT County Auditor-Controller to disburse funds as provided in settlement agreements. 4. AUTHORIZE County Counsel's Office to take all steps necessary to finalize, the agreed settlement. FISCAL IMPACT No impact on General Fund. Settlement would require release of $77, 000. 00 in liquidated damages previously withheld by the County. This sum consists of restricted road funds and is part of the money already budgeted for this project. BACKGROUND/REASONS FOR RECOMMENDATIONS In June 1992, the County awarded a construction contract to Joe Foster Excavating, Inc. ("Foster") . The contract, which was for $521,762, involved road-widening work on Highway 4 (State Route 160 to Big Break Road) in the Oakley area. Toward the end '' of the job, the County received stop notices totaling $398, 003 .89 from a number of subcontractors and suppliers who had not been paid by Foster. At the end of the job, there was $149, 831. 05 available for payment to Foster or its creditors. This consisted of the remaining contract balance ($229,824 .84) less deductions for liquidated damages (77 days @ $1, 000/day = $77, 000) , inadequate asphalt compaction (72 tons @ $29. 10/ton = $2, 095.20) and overtime inspection (11 hrs. @ $81. 69/hr. = $898. 59) . Because the available funds were insufficient to pay all of the stop notice claims, and because several claimants had already filed lawsuits on their stop notices, the County filed an interpleader action (County of Contra Costa! v. Joe Foster Excavating, Inc. , et al. ; Contra Costa Superior Court Case No. C93-04711) on October 19, 1993 and deposited the available funds ($149,831.05) with the court. CONTINUED ON ATTACHMENT: X YES i SIGNATURE r^ QAC y�/� •/ � ,�,� �AAA.(Ati/ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE _ APPROVE _ OTHER SIGNATURE(S): ACTION OF BOARD ON March 22 ,' 1994 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS (ABSENT - - - ) AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED March 22 , 1994 Orig: County Counsel PHIL BATCHELOR, CLERK OF cc: Public Works THE BOARD OF SUPERVISORS County Auditor-Controller AND COUNTY ADMINISTRATOR County Counsel ��ee County Administrator B"Lo.v e"t,i DEPUTY 64 1 BACKGROUND/REASONS FOR RECOMMENDATIONS (cont'd) In addition to the stop notices, four of the claimants (Antioch Building Materials Co. , J. F. Hourigan Co. , Mid Coast Transportation, and Spirit Road Oils) have filed tort claims against the County. These claims allege that, because the County accepted a payment bond that turned out to be invalid, the County is responsible for paying the full amount of the stop notices. Foster has also filed a construction claim and cross-complaint against the County. Foster's claim seeks more than $260, 000 from the County because of alleged delay, interference and non-payment. Pursuant to recent negotiations, a settlement has been reached with Foster, Foster's bond broker and the stop notice claimants. The settlement, which was approved in open court on March 16, 1994, is set forth in written settlement agreements (see attached) . Under the settlement, the County would release $77,000 in liquidated damages that were previously withheld from Foster, and this money would be paid to two of the stop notice claimants (Antioch Building Materials Co. and Mid Coast Transportation) . This money has already been budgeted for the project, and its release would not result in the project budget being exceeded. As part of the settlement all ' lawsuits relating to this project would be dismissed. The County Counsel's Office has discussed the settlement offer with the Public Works Department, which administered the construction project. Considering the potential exposure to the County from the tort claims and construction claim, as well as the cost of handling six separate lawsuits, both departments believe that the settlement is in the County's best interest and recommend that it be accepted. CONSEQUENCES OF NEGATIVE ACTION The lawsuits would proceed at additional expense to the County. Most of the County's expenses would not be recoverable, even if the County wins the lawsuits. If it is determined that the County is responsible for the invalid bond or Foster's construction claim, the potential exposure could exceed $430, 000. 2 - - I • 3 1 MUTUAL RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT 1. For the consideration stated herein, Antioch Building Materials Company ("Antioch") shall release and forever discharge the County of Contra Costa ("County") ; J. F. Arents and Company ("Arents") ; Joe Foster Excavating, Inc. ("Foster") ; Roy Weinzheimer ("Weinzheimer") ; and Mid Coast Transportation, Inc. ("Mid Coast") ; their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any, and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which ' relate to or are in any manner connected with: (1) the facts alleged in the amended complaint filed by Antioch in the litigation entitled Antioch Building Materials Co. v. Joe Foster Excavating, Inc. , et al. , Contra Costa County Superior Court Case No. C93-00977; (2) the facts alleged in the written claim presented to County by Antioch on September 13, 1993; (3) the labor, service, equipment or materials furnished by Antioch on the Highway 4 Widening - State Route 160 to Big Break Road project, which was performed by Foster, as general contractor, in 1992-1993 (the "project") ; and (4) performance bond and payment bond no. 290619E dated June 19, 1992, which were submitted by Foster in connection with the project (the "bonds") . 2 . For the consideration stated herein, Mid Coast shall release and forever discharge County, Arents, Foster, Weinzheimer and Antioch, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the litigation entitled Mid Coast Transportation, Inc. v. Joe Foster Excavating, Inc. , et al. , Contra Costa County Superior Court Case No. C93- 04185; (2) the labor, service, equipment or materials furnished by Mid' Coast on the project; and (3) the bonds. 3. For the consideration stated herein, County shall release and forever discharge Arents, Foster, Weinzheimer, Antioch and Mid Coast, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the litigation entitled County of Contra Costa v. Joe Foster Excavating, et al. , Contra Costa County Superior Court Case No. C93-04711; (2) the facts alleged in the litigation described in paragraphs 1 and 2; s i 1 (3) the labor, service, equipment or materials furnished by Foster, Antioch and Mid Coast on the project; and (4) the bonds. 4 . For the consideration stated herein, Arents shall release and forever discharge County, Foster, Weinzheimer, Antioch and Mid Coast, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the cross- complaint filed by Arents in the litigation described in paragraph 1; (2) the project; and (3) the bonds. 5. For the consideration stated herein, Foster shall release and forever discharge County, Arents, Antioch and Mid Coast, their governing board's, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any' and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , ' whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the amended cross-complaint filed by Foster in the litigation described in paragraph 1; (2) the written claim presented 'to County by Foster on July 16, 1993; (3) the labor, service, equipment or materials furnished by Foster, Antioch and Mid Coast on',the project; and (4) the bonds. 6. For the consideration stated herein, Weinzheimer shall release and forever discharge County, Arents, Antioch and Mid Coast, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the amended cross- complaint filed by Foster in the litigation described in paragraph 1; (2) the written claim presented to County by Foster on July 16, 1993; (3) the labor, service, equipment or materials furnished by Foster, Antioch and Mid Coast on the project; and (4) the bonds. 7. As soon as this agreement and the accompanying agreement relating to the distribution of interpleaded funds (i.e. , $149,831.05) have been approved and executed by all of the parties, County shall refund the liquidated damages previously assessed against Foster on the project (i.e. , 77 days x $1,000/day = $77, 000.00) and shall distribute the refund to the parties by check as follows: -2- Party Amount Antioch $66,440 Mid Coast $10,560 8. Upon receipt of the payments specified in paragraph 7, Antioch and Mid Coast shall promptly dismiss with prejudice in their entirety each of the actions described in paragraphs 1 and 2 . Foster and Arents shall promptly consent to the dismissals, as necessary. 9. Upon dismissal of both of the actions described in paragraphs 1 and 2, County shall promptly dismiss with prejudice as to Foster, Antioch and Mid Coast the action described in paragraph 3. 10. As soon as the dismissals provided for in paragraphs 8 and 9 have occurred, no party to this agreement shall thereafter initiate or prosecute any litigation relating in any manner to the project or the bonds. However, County may, in its discretion, proceed to have default judgments entered against the parties that have previously been defaulted in the litigation described in paragraph 3 . 11. Each of the undersigned parties expressly waives the benefits and protections of Section 1542 of the Civil Code, which statute reads as 'follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. " 12. The parties to this agreement acknowledge that the consideration given in connection with this agreement is a compromise of disputed claims and litigation and does not constitute, and shall not be construed as, an admission of liability on the `part of any party for any purpose whatsoever. 13. This agreement is binding upon each of the parties, their successors in interest, agents and assigns. 14. If any legal action, arbitration or other proceeding is brought to enforce the terms of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action, arbitration or proceeding in addition to any other relief to which the prevailing party might be entitled. The attorneys' fees shall be recoverable as costs under Section 1021 of the Code of Civil Procedure. In addition, should any party fail to carry out the dismissals provided for in paragraphs 8 and 9, the court shall retain jurisdiction, as -3- necessary, to order such party to carry out the dismissals or to appoint another person to act in place of the defaulting party. 15. This agreement and all or any of its terms and provisions, as well as the rights and duties of the parties, shall be interpreted and construed pursuant to and in accordance with the laws of the State of California. However, the rule of interpretation that any ambiguity in an agreement is interpreted against the party that drafted it shall be inapplicable; this agreement shall be interpreted as if it was drafted jointly by all parties. 16. Each party warrants that the individuals) executing this agreement on that party's behalf has/have full authority and capacity to execute this agreement and to bind the party to the agreement. 17. The undersigned acknowledge that they have read this agreement and understand all of its terms and conditions and execute this agreement voluntarily and with full knowledge of its significance. 18. The execution of this agreement shall not preclude Antioch and Arents from entering into another agreement to provide for the payment of additional consideration. 19. This agreement may be executed in multiple counterparts, which, when executed by all parties, shall constitute a single agreement. Dated: February , 1994 MID COAST TRANSPORTATION, INC. ANTIOCH BUILDING MATERIALS CO. By: Title: By: Title: J. F. ARENTS AND COMPANY By: Title: JOE FOSTER EXCAVATING, INC. By: ROY WEINZHEIMER Title: -4- CO4Ca ON 'COSTA ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator ByCL r , ;Board of isors By: Q Deputy -5- MUTUAL RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT 1. For the consideration stated herein, Antioch Building Materials Company ("Antioch") shall release and forever discharge the County of Contra Costa ("County") ; Joe Foster Excavating, Inc. ("Foster") ; Roy Weinzheimer ("Weinzheimer") ; J. F. Arents and Company ("Arents") ; Hourigan Management Company, doing business as J. F. Hourigan Company ("Hourigan") ; Lone Star California, Inc. , New York Trap Rock Corporation and California Readymix, Inc. , partners, doing business as RMC Lonestar ("Lonestar") ; Mid Coast Transportation, Inc. ("Mid Coast") ; Rose Trucking, Inc. ("Rose") ; and Spirit Road Oils ("Spirit") ; their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the amended complaint filed by Antioch in the litigation entitled Antioch Building Materials Co. v. Joe Foster Excavating, Inc. , et al. , Contra Costa County Superior Court Case No. C93-00977; (2) the facts alleged in the written claim presented to County by Antioch on September 13, 1993; (3) the labor, service, equipment or materials furnished by Antioch on the Highway 4 Widening - State Route 160 to Big Break Road project, which was performed by Foster, as general contractor, in 1992-1993 (the "project") ; and (4) performance bond and payment bond no. 290619E dated June 19, 1992, which were submitted by Foster in connection with the project (the "bonds") . 2. For the consideration stated herein, Hourigan shall release and forever discharge County, Foster, Weinzheimer, Arents, Antioch, Lonestar, Mid Coast, Rose and Spirit, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the written claims presented to County by Hourigan on November 16, 1993, November 29, 1993 and December 7, 1993; (2) the labor, service, equipment or materials furnished by Hourigan on the project; and (3) the bonds. 3. For the consideration stated herein, Lonestar shall release and forever discharge County, Foster, Weinzheimer, Arents, Antioch, Hourigan, Mid Coast, Rose and Spirit, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the litigation entitled Lone Star California, Inc. , et al. v. Joe Foster Excavating, Inc. , et al. , Contra Costa County Superior Court Case No. C93-03927; (2) the labor, service, equipment or materials furnished by Lonestar on the project; and (3) the bonds. 4. For the consideration stated herein, Mid Coast shall release and forever discharge County, Foster, Weinzheimer, Arents, Antioch, Hourigan, Lonestar, Rose and Spirit, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether _ based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the litigation entitled Mid Coast Transportation, Inc. v. Joe Foster Excavating, Inc. , et al. , Contra Costa County Superior Court Case No. C93-04185; (2) the labor, service, equipment or materials furnished by Mid Coast on the project; and (3) the bonds. 5. For the consideration stated herein, Rose shall release and forever discharge County, Foster, Weinzheimer, Arents, Antioch, Hourigan, Lonestar, Mid Coast and Spirit, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the litigation entitled Rose Trucking, Inc. v. Joe Foster Excavating, Inc. , et al. , Contra Costa County Superior Court Case No. C93- 04078; (2) the labor, service, equipment or materials furnished by Rose on the project; and (3) the bonds. 6. For the consideration stated herein, Spirit shall release and forever discharge County, Foster, Weinzheimer, Arents, Antioch, Hourigan, Lonestar, Mid Coast and Rose, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the litigation entitled Spirit Road Oils v. Joe Foster Excavating, et al. , Delta Municipal Court Case No. DC042681; (2) the labor, service, equipment or materials furnished by Spirit on the project; and (3) the bonds. 7. For the consideration stated herein, County shall release and forever discharge Foster, Weinzheimer, Arents, Antioch, -2- Hourigan, Lonestar, Mid Coast, Rose and Spirit, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the litigation entitled County of Contra Costa v. Joe Foster Excavating, et al. , Contra Costa County Superior Court Case No. C93-04711; (2) the facts alleged in the litigation described in paragraphs 1 through 6; (3) the labor, service, equipment or materials furnished by Foster, Antioch, Hourigan, Lonestar, Mid Coast, Rose and Spirit on the project; and (4) the bonds. 8. For the consideration stated herein, Foster shall release and forever discharge County, Arents, Antioch, Hourigan, Lonestar, Mid Coast, Rose and Spirit, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the amended cross-complaint filed by Foster in the litigation described in paragraph 1; (2) the written claim presented to County by Foster on July 16, 1993; (3) the labor, service, equipment or materials furnished by Foster, Antioch, Hourigan, Lonestar, Mid Coast, Rose and Spirit on the project; and (4) the bonds. 9. For the consideration stated herein, Weinzheimer shall release and forever discharge County, Arents, Antioch, Hourigan, Lonestar, Mid Coast, Rose and Spirit, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, which relate to or are in any manner connected with: (1) the facts alleged in the amended cross-complaint filed by Foster in the litigation described in paragraph 1; (2) the written claim presented to County by Foster on July 16, 1993; (3) the labor, service, equipment or materials furnished by Foster, Antioch, Hourigan, Lonestar, Mid Coast, Rose and Spirit on the project; and (4) the bonds. 10. For the consideration stated herein, Arents shall release and forever discharge County, Foster, Weinzheimer, Antioch, Hourigan, Lonestar, Mid Coast, Rose and Spirit, their governing boards, officers, agents, employees, directors, shareholders, partners, joint venturers, agents, attorneys and insurers from any and all liability, claims, obligations and causes of action (including without limitation any claim for attorneys' fees or costs) , whether based on tort, contract, statute or otherwise, -3- which relate to or are in any manner connected with: (1) the facts alleged in the cross-complaint filed by Arents in the litigation described in paragraph 1; (2) the project; and (3) the bonds. 11. As soon as this agreement has been approved and executed by all of the parties, the funds that have been interpleaded in the litigation described in paragraph 7 (i.e. , $149,831.05) shall be distributed to the parties by check as follows: Party Amount Antioch $67, 188 Hourigan $10,203 Lonestar $40,000 Mid Coast $11,940 Rose $18,000 Spirit $2, 500 12. Upon receipt of the payments specified in paragraph 11, Antioch, Lonestar, Mid Coast, Rose and Spirit shall promptly dismiss with prejudice in their entirety each of the actions described in paragraphs 1, 3, 4, 5 and 6. Foster and Arents shall promptly consent to the dismissals, as necessary. 13. Upon dismissal of all of the actions described in paragraphs 1, 3, 4, 5 and 6, County shall promptly dismiss with prejudice as to Foster, Antioch, Hourigan, Lonestar, Mid Coast, Rose and Spirit the action described in paragraph 7. 14. As soon as the dismissals provided for in paragraphs 12 and 13 have occurred, no party to this agreement shall thereafter initiate or prosecute any litigation relating in any manner to the project or the bonds. However, County may, in its discretion, proceed to have default judgments entered against the parties that have previously been defaulted in the litigation described in paragraph 7. 15. Each of the undersigned parties expressly waives the benefits and protections of Section 1542 of the Civil Code, which statute reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. " 16. The parties to this agreement acknowledge that the consideration given in connection with this agreement is a compromise of disputed claims and litigation and does not constitute, and shall not be construed as, an admission of liability on the part of any party for any purpose whatsoever. -4- 17. This agreement is binding upon each of the parties, their successors in interest, agents and assigns. 18. If any legal action, arbitration or other proceeding is brought to enforce the terms of this agreement, the prevailing party shall be entitled to recover reasonable .attorneys' fees and other costs incurred in that action, arbitration or proceeding in addition to any other relief to which the prevailing party might be entitled. The attorneys' fees shall be recoverable as costs under Section 1021 of the Code of Civil Procedure. In addition, should any party fail to carry out the dismissals provided for in paragraphs 12 and 13, the court shall retain jurisdiction, as necessary, to order such party to carry out the dismissals or to appoint another person to act in place of the defaulting party. 19. This agreement and all or any of its terms and provisions, as well as the rights and duties of the parties, shall be interpreted and construed pursuant to and in accordance with the laws of the State of California. However, the rule of interpretation that any ambiguity in an agreement is interpreted against the party that drafted it shall be inapplicable; this agreement shall be interpreted as if it was drafted jointly by all parties. 20. Each party warrants that the individuals) executing this agreement on that party's behalf has/have full authority and capacity to execute this agreement and to bind the party to the agreement. 21. The undersigned acknowledge that they have read this agreement and understand all of its terms and conditions and execute this agreement voluntarily and with full knowledge of its significance. 22. The execution of this agreement shall not preclude the parties from entering into other agreements to provide for the payment of additional consideration. 23. This agreement may be executed in multiple counterparts, which, when executed by all parties, shall constitute a single agreement. Dated: February , 1994 JOE FOSTER EXCAVATING, INC. ANTIOCH BUILDING MATERIALS CO. By: Title: By: Title: ROY WEINZHEIMER -5- HOURIGAN MANAGEMENT CO. dba J. OUNTY O CON RA COSTA F. HOURIGAN CO. By: �- By: Chair , Board of Title: Supervisors LONE STAR CALIFORNIA, INC. , NEW ATTEST: Phil Batchelor, Clerk YORK TRAP ROCK CORPORATION and of the Board of Supervisors and CALIFORNIA READYMIX, INC. , County Administrator partners, dba RMC LONESTAR By: Q-By: eputy Title: J. F. ARENTS AND COMPANY MID COAST TRANSPORTATION, INC. By: By: Title: Title: ROSE TRUCKING, INC. By: ��- Title: SPIRIT ROAD OILS By: _ Tit1 -6-