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Home My WebLink AboutMINUTES - 04261994 - 1.196 (.P TO: BOARD OF SUPERVISORS FROM: COUNTY COUNSEL DATE: April 26, 1994 SUBJECT: Settlement of Litigation E1 Pueblo Day Care Center, Phase II Project, Pittsburg SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. APPROVE settlement of County of Contra Costa v. Aladdin Mechanical Services, Inc. , et al. , and other related litigation involving stop notices filed on the above-described project. 2. AUTHORIZE Board Chair to sign Mutual Release of All Claims and Settlement Agreement. 3 . DIRECT County Auditor-Controller to disburse funds as provided in settlement agreement. 4 . AUTHORIZE County Counsel's Office to take all steps necessary to finalize the agreed settlement. FISCAL IMPACT None. The settlement funds ($10,016.88) have already been deposited with the court. These funds are payable under the construction contract and do not belong to the County. BACKGROUND/REASONS FOR RECOMMENDATIONS In June 1993, the County awarded a construction contract to Facchini Enterprises, Inc. ("Facchini") . The contract, which was for $255,575. 00, involved the construction of an addition to the El Pueblo Day Care Center (Phase II) in Pittsburg. On May 19, 1992, the Board terminated Facchini's rights under the contract for failure to complete the work on time, failure to pay for labor and materials, and other deficiencies. At that time, the job was unfinished and the County was holding $117, 101.77 in unpaid contract funds. The County then entered into a contract with William Dahn Construction, who completed the job at a cost of $107, 084 . 89. This left an unused balance of $10, 016.88. Around the time that the County terminated FacchiniIscontract, the County received stop notices totaling $124, 306.72 from a number of subcontractors and suppliers who had not been paid by Facchini. At the end of the job, there was $10, 016.88 available for payment to Facchini or its creditors. Because the available funds were insufficient to pay all of the stop notice claims, and because CONTINUED ON ATTACHMENT: X YES SIGNATURE ZX41 A JAV RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C,(O•MI�MSIITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 9 9 y APPROVED AS RECOMMENDED 1Z OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE / AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS (ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED W^ _j(dn.�X_,•^ a� 4 �9% Orig: County Counsel PHIL BATCHELOR, ERK 0 cc: General Services-Arch. Div. THE BOARD OF SUPERVISORS County Auditor-Controller AND COUNTY ADMINISTRATOR County Administrator County Counsel BYNJ • DEPUTY BACKGROUND/REASONS FOR RECOMMENDATIONS (cont'd) the claimants had already filed lawsuits on their stop notices, the County filed an interpleader action (County of Contra Costa v. Aladdin Mechanical Services, Inc. , et al. ; Contra Costa Superior Court Case No. C93-04149) on September 15, 1993 and deposited the available funds ($10, 016. 88) with the court. As a result of recent negotiations, a settlement has been reached with the stop notice claimants. The settlement, which is set forth in a written settlement agreement (see attached) , would result in the $10, 016.88 being distributed pro rata to the various claimants. This money has already been budgeted for the project and would normally be paid to the contractor (Facchini) . The County Counsel's Office has discussed the settlement with the General Services Department, which administered the construction project. Considering that the settlement would involve no additional expense to the County and would end the County's involvement in a number of 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. Eventually, the $10, 016.88 would have to be paid to the claimants, because they have valid stop notices and the money does not belong to the County. MUTUAL RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT 1. For the consideration stated herein, Aladdin Mechanical Services, Inc. ("Aladdin") shall release and forever discharge the County of Contra Costa ("County") , its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by Aladdin in the litigation entitled Aladdin Mechanical Services, Inc. v. Facchini Enterprises, Inc. , et al. , Contra Costa Superior Court Case No. C92-02244; (2) the labor, service, equipment or materials furnished by Aladdin on the El Pueblo Day Care Center, Phase II project, which was performed by Facchini, as general contractor, in 1991-1992 (the "project") ; and (3) performance bond and payment bond no. 00919 dated July 15, 1991, which were submitted by Facchini in connection with the project (the "bonds") . 2 . For the consideration stated herein, Pacific Coast Building Products, Inc. , doing business as Alcal ("Alcal") shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by Alcal in the litigation entitled Pacific Coast Building Products, Inc. v. Facchini Enterprises, Inc. , et al. , Delta Municipal Court Case No. DC040065; (2) the labor, service, equipment or materials furnished by Alcal on the project; and (3) the bonds. 3 . For the consideration stated herein, Byers & Foltz, Inc. ("B & F") shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by B & F in the litigation entitled Byers & Foltz, Inc. , et al. v. Contra Costa County General Services, et al. , Delta Municipal Court Case No. DC040840; (2) the labor, service, equipment or materials furnished by B & F on the project; and (3) the bonds. 4. For the consideration stated herein, California Builders Hardware Company ("Cal Builders") shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by Cal Builders in the litigation entitled California Builders Hardware Co. v. Facchini Enterprises, Inc. , et al. , Delta Municipal Court Case No. DC039919; (2) the labor, service, equipment or materials furnished by Cal Builders on the project; . and (3) the bonds. 5. For the consideration stated herein, Guadulupe Gutierrez, doing business as Cal-Pito Concrete Company ("Cal-Pito") , shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by Cal-Pito in the litigation entitled Guadulupe Gutierrez (d/bla Cal-Pito Concrete Co. ) v. Facchini Enterprises, Inc. , et al. , Delta Municipal Court Case No. DC039992; (2) the labor, service, equipment or materials furnished by Cal-Pito on the project; and (3) the bonds. 6. For the consideration stated herein, City Electric Supply, Inc. ("City") shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by City in the litigation entitled City Electric Supply, Inc. v. TAG Electric, et al. , Delta Municipal Court Case No. DC039133 ; (2) the labor, service, equipment or materials furnished by City on the project; and (3) the bonds. 7. For the consideration stated herein, Coast Insulation Contractors, Inc. ("Coast") shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by Coast in the litigation entitled Coast Insulation Contractors, Inc. v. Facchini Enterprises, Inc. , et al. , Mt. Diablo Municipal Court Case No. 072240; (2) the labor, service, equipment or materials furnished by Coast on the project; and (3) the bonds. 8. For the consideration stated herein, ConstrucTemps shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, from -2- 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 complaint filed by ConstrucTemps in the litigation entitled Byers & Foltz, Inc. , et al. v. Contra Costa County General Services, et al. , Delta Municipal Court Case No. DC040840; (2) the labor, service, equipment or materials furnished by ConstrucTemps on the project; and (3) the bonds. 9. For the consideration stated herein, Larry Carleton, doing business as Foothill Plumbing ("Foothill") , shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by Foothill in the litigation entitled Larry Carleton (d/b/a Foothill Plumbing) v. Facchini Enterprises, Inc. , et al. , Delta Municipal Court Case No. DC039894; (2) the labor, service, equipment or materials furnished by Foothill on the project; and (3) the bonds. 10. For the consideration stated herein, Piedmont Lumber Company ("Piedmont") shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by Piedmont in the litigation entitled Piedmont Lumber Co. v. Contra Costa County General Services, et al. , Delta Municipal Court Case No. DC039045; (2) the labor, service, equipment or materials furnished by Piedmont on the project; and (3) the bonds. 11. For the consideration stated herein, Service Plastering, Inc. ("Service") shall release and forever discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 complaint filed by Service in the litigation entitled Service Plastering, Inc. V. Facchini Enterprises, Inc. , et al. , Delta Municipal Court Case No. DC041644; (2) the labor, service, equipment or materials furnished by Service on the project; and (3) the bonds. 12. For the consideration stated herein, Timothy Gilligan, doing business as TAG Electric ("TAG") , shall release and forever -3- discharge County, its governing board, officers and employees, and all other signatories to this Agreement, 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 TAG in the litigation entitled Citv Electric Supply, Inc. v. TAG Electric, et al. , Delta Municipal Court Case No. DC039133; (2) the labor, service, equipment or materials furnished by TAG on the project; and (3) the bonds. 13. As soon as this agreement has been approved and executed by all of the parties, the funds that have been interpleaded in the Action described in paragraph 15 (i.e. , $10,016.88) shall be distributed to the parties by check as follows: Party Amount Aladdin $1,869.33 Alcal $577.03 B & F $0. 00 Cal Builders $1,279.29 Cal-Pito $0. 00 City $1,178. 11 Coast $271.49 ConstrucTemps $464 .83 Foothill $722.29 Piedmont $1, 034 .84 Service $729.30 TAG $1,890. 37 Total $10, 016.88 14. Upon receipt of the payments specified in paragraph 13, Aladdin, Alcal, B & F, Cal Builders, Cal-Pito, City, Coast, ConstrucTemps, Foothill, Piedmont, Service and TAG shall promptly dismiss with prejudice, as to County, each of the actions described in paragraphs 1 through 12. 15. Upon dismissal of all of the actions described in paragraphs 1 through 12, County shall promptly dismiss with prejudice, as to the signatories to this Agreement, the litigation entitled County of Contra Costa v. Facchini Enterprises, Incl et al. , Contra Costa Superior Court Case No. C93-04149. 16. Each of the above-named releasors 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 -4- him must have materially affected his settlement with the debtor. " 17. 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. 18. This agreement is binding upon each of the parties, their successors in interest, agents and assigns. 19. 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 14 and 15, 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. 20. 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. 21. Each party warrants that the individual(s) 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. 22 . 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. 23. This agreement may be executed in multiple counterparts, which, when executed by all parties, shall constitute a single agreement. Dated: April 1994 -5- . APR-21,-'94 THU 09:39 ID: TEL N0:510/339-1070 #169 P02 c Ri.ADDYK RECIMICAL CDABT USMATION OMPACTOW life. MCI 2el, is I If Ila i J:M�Ar- phatri0 COAST DV;LDING mic a, INGOT doing business CON TRUCT2"S an BURS i FOET0t IMO# dyyi TSt1Qi WMY CARLE"N, doing usinasa as Foamm Lt, pLUMRYNO QALIBAmn sVx�rt�RttB �MJ1itDi4ARE Q0. pxBDD�ONT LUM�LR 4"'d o T3tX•i Tt •s sERvsox IPLA0191AZNG =Na. IMUMNS auwmmlp doing ' business eM QM-PITA CONCRETE O0. bY t �ritiet CITY RLNCTRZC SUPPLY# INC. Sy TIMOTHY GILLIGAN# aoing Title= business as WAG PLNC' XZQ god 89TH MU b6i-i8-Wd APR-21-1994 10:36 P.002 ALADDIN MECHANICAL SERVICES, COAST INSULATION CONTRACTORS, INC. INC. By., By: Title: Title: PACIFIC COAST BUILDING. PRODUCTS, INC. ,- doing business CONSTRUCTEMPS as ALCAL By: By: Title: Title: BYERS & FOLTZ, INC. By: Title: LARRY CARLETON, doing business as FOOTHILL PLTi.M 3TNG CALIFORNIA BUILDERS HARDWARE CO. PIEDMONT LUMBER ^0. By: By: Title: Title: SERVICE PLASTERING, INC. GUADULUPE GUTIERREZ, doing business as CAL-PITO CONCRETE CO. By: Title: CITY ELECTRIC SUPPLY, INC. --- - By: TIMOTHY GILLIGe?N , doing Title: business as TAG ELECTRIC -6- J i R0r,I CCC COUNSEL TO ALADDIN MECHANICAL; SERVICES, COAST INSULATION INC. INC, Title. Titi-: .� PACIFIC COAST BUILDING PRODUCTS, INC. , doing business CONSTRUCTrIMPS an ALCAL BY By: �. . Title, Tit1s: BYERS & FQLTZ I INC. By; -- - Title: LARAY CARLIVON, doing businazs as FOOTHILL, PLUMBING CALIFORNIA' BUILDXRS HARDWARE CO. PIEDMONT LUMBER CO. T tlatP. Shi 1d�, Title: SERVICE PLASTERING, INC. GUADULL.*PE GUTTERREZ, doing business an CAL-PITO COUCRETE CO. CITY ELECTRIC SUPPLY, INC. By. T1 1 THY GILLIG.P N, d0 ftg Title; business as T4VL ELECTRIC �6- 4 APR-20--1994 18:32 FROM CCC.COUNSEL m � -1-X416-4780184# P.008/0Q19 ALADDIN MECHANICAL SERVICES, COAST INSULATION CONTRACTORS, INC. aY: : Title: BY PACIFIC COAST BUILDING PRODUCTS, INC. , doing business CONSTRUCTENP8 as ALGAL s By: Titlet Titia: BYERS & FOLTZ, INC. By. """ tARRy CAR?,j=N, doing business Titin: as FOOTHILL PLMMING CALIFORNIA BUILDERS HARDWARE P28D14ONT LUMBER CO. CO. By: BY: Title: , Titles SERVICE PLASTERING, INC. GUADULUPE GUTIERREZ, doing business as CAL-PITO CONCRETE CO. Title: CITY ELECTRIC SUPPLY, INC, By: INOTHY GiL GAN, doing Title: sines as T ELECTRIC AOR-21+'84 1i24'DANIELS LAW-OFFICEy4087379376 1° rji UP.272. ALADDIN MECHANICAL SERVICES, COAST INSULATION CONTRACTORS, INC. INC. By: By: Title: Title: PACIFIC COAST BUILDING PRODUCTS, INC. , doing business CONSTRUCTEMPS as ALCAL By: By: Title: Title: BYERS & FOLTZ, INC: By: Title: LARRY CARLETON, doing business as FOOTHILL PLUMBING CALIFORNIA BUILDERS HARDWARE CO. PIEDMONT LUMBER CO. By: By: Title: Title: SERVICE PLASTERING, INC. GUADULUPE GUTIERREZ, doing business as CAL-PITO CONCRETE CO. By: Title: CITY ELECTRIC SUPPLY, INC. By: TIMOTHY GILLIGAN, doing Title: business as TAG ELECTRIC -6- APR-21-1994 11:04 408 7379376 P.002 04/27/94 10:44 002 ` Apr 21,94 t 2:S2 NO.of 7 P.02 v4 L MA em M16" YNOiOWWN WWAM"war ��,ldi3p21� �tic71L 8x + o 'piths MAU � I TWO �K � �$Yll'�M 1liCa 8� 4 yldri 410 rq coo �s�x �,�atx� stra�tvrsc. ria. dere :asp, Apr 25P1994 01:24PM FROM OLESON LAW CORP TO-15106461078 P.03 RPR-22-1994 09+14F1M' FROM FOOTHILL PLUMBING TO 4788184 P.02 1'vr APN' 399A 19=32 FROM CCG CDJMSEL W 3,3-91"7901EM# P.WW��W9 xK cww=cw er�vi�a�pCOW =""a"XQN as ""# INC. sxe. Title= Ti,1.lot PAC=$xo COAVT �uiLDlxa vadDL1CTs, inc., aoinq business 1t� ALCJIL . Tit •t si�slr:: *VMS a Yom INC. Ao Tib w e ' itAtaq m1l"mIA WILDUS PARDKARi Lie Q4. CO. URVICa KMTMZNQI =01 Qt1 u i 60TI ax$ 401t1C bDeLnesm lie am-nw emcros CITY S a=wc SWPLT I INC. bY��, TH1f OII,LTa s Ott Titla z �IX4AUS s TAG #t n."l e' i TOTAL P.02 TOTAL P.03 APR-25-1994 14:30- 916 478 0184 P.003 APR-20-1934 17,11 FP04 CrC CCUN5EL TO 9--94505 P.0031010 S :r ALADDIN MECHANICAL SERVICES, COAST INSULATION CONTRACT6AR, INC. INC, fl By.. Tule: Title. - — _----�--_ PACIFIC COAST BUILDING PRODUCTS, INC. , doing business CONSTRUCTEMPS as ALCM. BY= BY: Title:_ Title BYER6 & rQLTZ, INC. TMa: _ LURY CARLETON, soi.ng business as FOOTHIL>J PLUMHINC CALIFORNIA bUILDERS HARDWARE Co. PIEDMONT LUMBER CQ. By_ ly Title: Tltle:Lary J. .e in er e it Manager SERVICE PLASTBRING, INC. GUAbULUPE GUTIERRFZ, doing business as CAL-PITO CONCRETE CO. BY: 'title:_. CITY ELECTRIC SUPPLY, INC. BY: TIMOTHY GXLLIGAN, doing Title: business as TAG ELECTRIC COUNTY OF CO TRA COST B air , Board of Supervisors ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: 6 Deput -7- 'APR-21=-194 10:24 ID:VARNI FRASER TEL N0:5105377341 #496 P02 QL21/94 10:54. MM SERVILE IM002 PPR-21-194 0e.26 ` ID i VAWI F RRS'FR TEL NO.51 7'7341 #493 PM r'7R-;$-1Q'w 1?s4j3 F" 00 COUNSEL. TD 9-5339M foP.tl�e'./an ALADDIN NNO MIJ 41UMBS, COAST ZNSUI ATION .CONDt71MOM By IN phemC COAST 1 IMIREt �'OGDUCTa, TNG., 6*Lng tasine ws CONSTAVOTma as AWAL Tt s'� fry rt sym 6 D'OL'T, Tuc T tier s �..._ LAAltY dv Dq bats poaS �►. rowrsxxac► ��xl� CUIt<OIWU OMMUS HARMARE ; VI 8 � RIF � IT I evApotit 6UTIM"g? doing bwlnsss 4ts CAL-PITO COMMM yy CO. Thies CITY M90=0 OWPI+Y► INC. � qty TY rf=L , da t bulaindtan an T" ZLBCTRIC I t I APR-21-1994 . 11:17 VARNI FRASER P.002 Apr• 26,1994 03:02PM . . FROM OLESON LAW CORP TO 15106461078 P.03 AX+1lrlbltl, iSNe�uurllta►L LAY vitas, COAST INSULATION SNMT8A6" PJ Tt �--- "` "•� P4!czrxC COAST BUILbING P900gMS. INC. , doing bUQJ:nims CONOTR17CTMps aux Alte�1,�, 'calf a alga$ A "Me IKC. Ry_ 10 tZel w._....� UNY wurd�►i�nq bminess Ms �i'QMHILL pi•.tW209 CALIFORNIA -BLT;Loma HOWARS CQ. TUMONT J,UI'MXA Q4. 'fit *i Tit�so BXRYZC2 PLABTMXNaO �UAnv�,v�s t*v�ri s,daq biis,inssa Ila en-1mv c"cam 'Il.t1s.: CITY RUM= AUPPLY, INC. IF aWla ffl.-04-- R a � ....,� MORY ex do R9I T U61 sa�rrasa a TAS; C TOTAL P.03 APR-26-1994 16:08 916 478 0184 P.003 AMENDMENT TO MUTUAL RELEASE OF ALL CLAIMS v . .AND -SETTLEMENT AGREEMENT This amendment is entered into by . and between Aladdin - Mechanical Services, Inc. ("Aladdin") ; Pacific Coast Building Products, Inc. , doing business as Alcal ("Alcal") ; Byers & Foltz, ". Inc. ("B & F11) ; California Builders- Hardware , Company ("Cal - rs Builders") ; Guadalupe Gutierrez, doirig business -as Cal-Pito',::` Concrete Company ("Cal-Pito") ; City Electric Supply, Inc. ("City") ; ' ''_' Coast Insulation Contractors Inc. "Coast" ConstrucTem s• Larry*- --,_. Carleton, doing business as Foothill . Plumbing . ("Foothill") ;_ Piedmont Lumber Company ("Piedmont") ; Service Plastering, Inc. ("Service") ; Timothy Gilligan, doing business as TAG Electric ("TAG") ; and the County of Contra Costa ("County") ; as follows: 1. Paragraph 13 of the Mutual Release of All Claims and Settlement Agreement previously executed by the parties is amended:::-....... ,h, to read: 1113. As soon as this agreement has been approved and executed by all of the parties, the funds that have been interpleaded in the action described in paragraph 15 (i.e. , $10,016.88) shall - be distributed to. the parties by check as follows: Party Amount Aladdin $1,714:89 Alcal $529.89 B & F $300.51 Cal Builders $1,173.98 Cal-Pito $525.88 City $1,080.82 Coast $249.42 ConstrucTemps $426.72 Foothill $662.12 Piedmont $949.60 Service $669.13 TAG $1,733.92 Total $10,016.88 2. Except for the changes made by this amendment, all provisions of the Mutual Release of All Claims and Settlement Agreement shall remain in full force and effect. S�V,�L e R4 L .� Dated: 44kAoI-r--, 1994 ALADDIN MECHANICAL SERVICES, PACIFIC COAST- BUILDING INC. PRODUCTS, INC. , doing business as ALCAL By: Title: By: Title: -- r, ,vv •JG l Y ,"A-21-1994• 19'W',FROM CCC COUNSEL TQ --- -- 9-3391070 P.004/005 A�FD1t�T TO KUTUAL R31LBROBI OF ALL CLAIKD' AIM 02TTLW3XT ROR22KNUT This amendment is entered into by and between. Aladdin Mechanical Services,. Inc.. .. ("Aladdin") ;- Pacific Coast Building, Products, Inc. , doing business as Alcal ("Alcal") ; Byers & Foltz, Inc. (11B, & F11) ; . California Builders Hardware Company ("Cal Builders") ; Guadalupe Gutierrez, doing . business as Cal-Pito Concrete company ("Cal-Pito") ; City Electric Supply, Inc. ("City") 1" Coast 'Insulation contractors, Inc. ("Coast") , ConstrucTemps; Larry Carleton, doing business as Foothill Plumbing ("Foothill") ; Piedmont Lumber Company ("Piedmont's)-, Service Plastering, Ync. ("Service',) ; Timothy Gilligan, doing business as TAG Electric ("TAG") ; and the County of Contra Costa ("County") ; as follows: 1. Paragraph 13 of the Mutual Release of All Claims and Settlement Agreement previously executed by the parties is amended to read: 1113. As soon am this agreement has been approved and executed by all of the parties, the funds that have been interpleaded in the action described in paragraph 15 (i.e. , $10,016.88) shall be distributed to the parties by check as followa: Par v Amount Aladdin Alcal $529.89 B & F $300.51 Cal Builders _ $10173.9.8 ' • ' Cal-Pita $525.88 City $1,080.82 Coast - $$49.42 ConstrucTemps $826.72 Foothill $662 .12 Piedmont $969.60 _ Service $669.13 TAG u 7 2 3= Total $101016.88 2 . Except for ; the changes made by this amendment, all provisions of the Mutual Release of All Claims and Settlement Agreement shall remain� in full force and affect. Dated: June .2L1994 ALADDIN MECHANICAL SERVICES, PACIFIC COAST BUILDING INC. PRODUCTS, INC. , doing business as ALCAL By: 2 Title:— B Title: AMENDMENT TO MUTUAL RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT This amendment is entered into by and between Aladdin Mechanical Services, Inc. ("Aladdin") ; Pacific Coast Building Products, Inc. , doing business as Alcal ("Alcal") ; Byers & Foltz, Inc. ("B & F") ; California Builders Hardware Company ("Cal Builders") ; Guadalupe Gutierrez, doing business as Cal-Pito Concrete Company ("Cal-Pito") ; City Electric Supply, Inc. ("City") ; Coast Insulation Contractors, Inc. ("Coast") ; ConstrucTemps; Larry Carleton, doing business as Foothill Plumbing ("Foothill") ; Piedmont Lumber Company ("Piedmont") ; Service Plastering, Inc. ("Service") ; Timothy Gilligan, doing business as TAG Electric ("TAG") ; and the County of Contra Costa ("County") ; as follows: 1. Paragraph 13 of the Mutual Release of All Claims anu Settlement Agreement previously executed by the parties is amended to read: 1113. As soon as this agreement has been approved and executed by all of the parties, the funds that have been interpleaded in the action described in ' paragraph 15 (i.e. , $10,016.88) shall be distributed to the parties by check as follows: Part v Amount Aladdin $1,714.89 Alcal $529.89 B & F $300.51 Cal Builders $1, 173.98 Cal-Pito $525.88 City $1,080.82 Coast $249.42 ConstrucTemps $426.72 Foothill . .$662. 12 Piedmont $949.60 Service $669. 13 TAG $1.733.92 Total $10, 016.88 2. Except for the changes made by this amendment, all provisions of the Mutual Release of All Claims and Settlement Agreement shall remain in full force and effect. Dated: June , 1994 ALADDIN MECHANICAL SERVICES, PACIFIC COAST BUILDING INC. PRODUCTS, INC. , doing business as ALCAL By: Title: By: Title• JUN-2'7-1594 19:01 FROM CCC COUNSEL IU BYERS & FOLTZ, INC. PIEDMONT LUMBER CO. By: /� By: Title• Title• CALIFORNIA BUILDERS HARDWARE CO. SERVICE PLASTERING, INC. By: By: Title: Title: GUADULUPE GUTIERREZ, doing TIMOTHY GILLIGAN, doing business as CAL-PITO CONCRETE business as TAG ELECTRIC CO. CITY ELECTRIC SUPPLY, INC. COUNTY OF CONTRA COSTA By: By: Title: Chair , Board of Supervisors COAST INSULATION CONTRACTORS, ATTEST: Phil Batchelor, Clerk INC. of the Board of Supervisors and County Administrator By: .Title• By: Deputy J CONSTRUCTEMPS By: Title• LARRY CARLETON, doing business as FOOTHILL PLUMBING C -2- TOTAL P:005 JUN-28 94 15:20 FROM:BARRY & TONG 415-882-1910 TO:510�1078 PAGE:02 94 JU/26 13:41 10004 JUN:29994q' M W FROM:SARR T 415-688-1910 To:864T935 PFlCa1;;04 JUN-27-1`394 19 Ix COLNM T1b 9-1-415-8821910# P.oWeM0g DY31W 6 FOLT$, INC. E'S>INiMNT LUMBER CO. Titlest_ T1Mt CALIFORNIA BUILDERS HARUWARE Co. BBRVIC8 PLABTERINGo INC. H •• T tlo: p$ T tial CALIFORNIA BUILDERS HhROWARN Co. GUADULUPS GUTI W ZAP doing TIMOTHY GMIGAN, dviny bUn iness as CAL-PITO CONCRETE business as TAG MICTRYC CG• CITY ELECTRIC SUPPLY, INC. COUNTY OF CONTRA COSTA 8x t Eyt Titlol Chair , Board Of Buperviroso COAST INSULATION CO>tiTA11MR51, ATTEM Phil Batchelor, Clerk 1"C, of the board Qf superviaora and County Administrator Ttlet Byz Deputy CO NSTRUC MW9 8y: Title: LARRY CARLETON, doing busineae as FOOTHILL PLUMBING, JUN-28-1994 15:18 415 882 1910 P.002 JUN-27-1994 19:25 FROM CCC COUNSEL TO 9-1-916-47801844 P.005i005 BYERS & FOLTZ, INC. PIEDMONT LUMBER CO. By: By: - Title: Title: CALIFORNIA BUILDERS HARDWARE CO. SERVICE PLASTERING, INC. By: By: Title: Title: GUADULUPE GUTIERREZ, doing TIMOTHY GILLIGAN, doing business as CAL-PITO CONCRETE business as TAG ELECTRIC CO. CITY ELECTRIC SUPPLY, INC. COUNTY OF CONTRA COSTA By: By: Title: Chair , Board of Supervisors COAST, INSULATION CONTRACTORS, ATTEST: Phil Batchelor, Clerk INC. of the Board of Supervisors and County Administrator By: Title• By: Deputy CONSTRUCTEMPS By: Title• 2 LARRY CARLETON, doing business as FOOTHILL PLUMBING _2_ TOTAL P.005 SER 01 9=3 14 59 DANIELS LISW OFFICE 4067379376 - P.373 BYERS & FOLTZ, 114C. PIEDMONT LUMBER CO. By: By: Title• Title: CALIFORNIA, BUILDERS HARDWARE CO. SERVICE PLASTERING, INC. By: By. Title: Title' GUADULUPE GUTIERREZ, doing TIMOTHY GILLIGAN, doing business as CAL -PITO CONCRETE business as TAG ELECTRIC CO. CITY ELECTRIC SUPPLY, INC. COUNTY OF CONTRA COSTA By: By: Title: Chair , Board of Supervisors COAST INSULATION CONTRACTORS, ATTEST: Phil Batchelor, Clerk INC. of the Board of Supervisors and County Administrator By: At Title. By: Deputy CONST.RUCTEMPS By: Title:_ LARRY CARLETON, doing business as FOOTHILL, PLUMBING -2- TOTAL P.005 SEP-01=1994 14:36 409 7379376 P.003 JUN- '7-1�J4 1`� L11 F KUrI CCC LUUNSEL Ju y-y45U5LIb L1Vj5/bbj BYERS & FOLTZ, INC. PIEDMONT LUMBER CO. By: By: Title: Title: CALIFORNIA BUILDERS HARDWARE CO. SERVICE PLASTERING, INC. By: By: Title: Title: GUADULUPE GUTIERREZ, doing TIMOTHY GILLIGAN, doing business as CAL-PITO CONCRETE business as TAG ELECTRIC CO. CITY ELECTRIC SUPPLY, INC. COUNTY OF CONTRA COSTA By: By: Title: Chair , Board of Supervisors COAST INSULATION CONTRACTORS, ATTEST: Phil Batchelor, Clerk INC, of the Board of Supervisors and County Administrator By: Title: By: Deputy CONSTRUCTEMPS _ By: �-- Title:� D . LARRY. CARLETON, doing business as FOOTHILL PLUMBING -2- TOTAL P.005 JUN-27-1994 19:25 FROM CCC COLNSEL, TO 9-1-916-478018413 P.005i005 BYERS & FOLTZ, INC. PIEDMONT LUMBER CO. By: By: Title: Title: CALIFORNIA BUILDERS HARDWARE CO. SERVICE PLASTERING, INC. By: By: Title: Title: GUADULUPE CL7-rTE-11 R-R,7, doing TIMOTHY GILL•IGAN, doing business as CAL-PITO CONCRETE business as TAG ELECTRIC CO. CITY ELECTRIC SUPPLY, INC. COUNTY OF CONTRA COSTA By: By: Title: Chair , Board of supervisors COAST INSULATION CONTRACTORS, ATTEST: Phil Batchelor, Clerk INC. of the Board of Supervisors and County Administrator By: Title: By: Deputy CONSTRUCTEMPS By: Title: TON, doing business as OTWAL PLUMBING -2- TOTAL. P.005 JUN-27-1994 19:01 FROM CCC COUNSEL TO 9-945050 P.0051005 BYERS & FOLTZ, INC. PIEDMONT LUMBER CO. By: By:. l/�L Title: Title• CALIFORNIA BUILDERS HARDWARE CO. SERVICE PLASTERING, INC. By: By: Title• Title: GUADULUPE GUTIERREZ, doing TIMOTHY GILLIGAN, doing business as CAL-PITO CONCRETE business as TAG ELECTRIC CO. CITY ELECTRIC SUPPLY, INC. COUNTY OF CONTRA COSTA By: By: Title: Chair , Board of Supervisors COAST INSULATION CONTRACTORS, ATTEST: Phil Batchelor, Clerk INC. of the Board of Supervisors and County Administrator By: Title• By: Deputy CONSTRUCTEMPS By: Title• LARRY CARLETON, doing business as FOOTHILL PLUMBING -2- TOTAL P.005 BYERS & FOLTZ, INC. PIEDMONT LUMBER CO. By: By: Title• Title: CALIFORNIA BUILDERS HARDWARE CO. SERVICE P R G, NC. By: By. Title: T.-(tl GUADULUPE GUTIERREZ, doing TIMOTHY GILLIGAN, doing business -as CAL-PITO CONCRETE business as TAG .ELECTRIC CO. CITY ELECTRIC SUPPLY, INC. COUNTY OF CONTRA COSTA By: By: Title: Chair , Board of Supervisors COAST INSULATION CONTRACTORS, ATTEST: Phil Batchelor, Clerk INC. of the Board of Supervisors and County Administrator By: Title: By: Deputy CONSTRUCTEMPS By: Title: LARRY CARLETON, doing business as FOOTHILL PLUMBING -2- 4 TOTAL P.@a- JUN-27-1994 19:25 FROM CCC TO 9-1-916-4780184!3 P.005i005 y. .r BYERS & FOLTZ, INC. PIEDMONT LUMBER CO. By: By: Title: Title: CALIFORNIA BUILDERS HARDWARE CO. SERVICE PLASTERING, INC. By: B ^ Title: T tl ;_ y GUADULUPE T.1a�i v,0TI GIL LIG. doing C�UTIEFZRr�Z, doing` business as CAL-PITO CONCRETE business TA CTRTC CO. CITY ELECTRIC SUPPLY, INC. COUNTY F CON COS By: By. Title: Chair , Board of Supervisors COAST INSULATION CONTRACTORS, ATTEST: Phil Batchelor, Clerk INC. of the Board of Supervisors and County Administrator By: Title: By: 3 Deput CONSTRUCTEMPS By: Title: LARRY CARLETON, doing business as FOOTHILL PLUMBING -2- TOTAL P.005