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KROPFLI CONSTRUCTION CO., INC. - 1985-05-21
i� .w { i � State of Colifornio r Coijvoy of ,.Lc? 5.,...An g,-c 1 _ C� oh's _ .. � 9�.f?cloy o4 ^cbru�t ry ---- „ the year 19 g� More me personally _ t � ID. DONOVAN OOM appoored _____._�__ _ ._._. ,.____._. _r ._ _.- ____-_ .____ ._ ___�.. _._______ _� .._ ..._ _._._ _...___._ __ personally known,a mo (or proved to me on thn bos-s of wossfocior vividence) to be the perlon whose ram.- is sub%vabed to this mstrument as tine j Attorne V. in -foci of. Farm-ml insurance Company . and ocl nowladged to the 001 " sab%Cttbed the name of the sort! �' s cwrpeny thew-7 as suety, u•+d n►s own name vs Attornov.in.Foct. 'F CALL JNJT 0,1,s Clt Pr .Ltt�rnt:y�, BY: DaUuty Cat; Att*-,nary FAIRMONT INSURANCE COMPANY Sand No, 3r 8 003053�—. MAIWENANCE BOND K,'p{U�IGI„ilf:`Nhf'1tFSFPRfSl:1'T�, Tlut Nc, l`ROPFL i CdNSTRUCTI at{ CO. , 1 NC 79 Ximeno Avenue, Long Bead. jallfornial 9080 as Principal, and FAIRMONT INSURANCE COMM)', a corporation orgaai7cd under the luwt of the State of t'alifornia and duly authorized to do business in the State of California as Surrty, are field and firmly bound unto _,,C.i TY OF HU N1 G Q tt�g_EAVI asOhli cc,rn the penal sulrl(1f FOUR HUNDRED FORTY TIiREE—TN_,QU5AMQ Al;-B91100 --� ------------------------- ^--------------_-----_--lS.. 00,000.00 to which papment well and truly to be made we do bind ourulsrs, our and cych of our heirs, exccutors,administrdtors. sueceswrs and assigns juintty and wvcrall%, tirtnl?' fly thr+c luesenis. 1171F.REAS, the said Principal entered into a Contrxo with tile CITY OF H U N T I N G T Q N. 8 E P._C.f!.-_....__. �.__ dated March 3. 1985.. tur City Funded Public Works Contract for construction of the Municipal Pier Restaurant iMtF.RFA-V. uid Contract ptmides that the Principal will furnish a bond 'conditioned to Crnarmitee fat the period f 1 ycudsl +ficr app.o►il of the fislal cstlllutc on said jl.►h. by the %m vt. against A dcfeov In wwknunship and materials which nlay hcroilie apparent dutil+g said pstirxi, and It' I11-N AS. said Contract IM bten cr,mpletrd, srld wys apptu.'ed an day of ivow. VIER FORE. 7/IF CoND1770N OF 7711S 0DLJCA770N IS VUCII. That, if Ill: Ptinellial sh3li Indemnify the Obligee for all loss that the Obligee may sustain by traxm of :►ny defectivc rnatesiats or wrnk;nanthip which become 3ppiteni during the petiod of-ii,._''yrar(s) from and all cr,.._.QS.t o b.�i --1.h-,....E_4..8.5 then this obligation shall be surd, utherwi<e to remain in full force and effect. Signed, sealed and dated this I t h _.._.._.,_. eddy of Feb r u a r y, 19 86 KROPFLI -CONSTRUCTION CO.,,, _I By s ..w........ (5cal� C ! ?vI I lSURA.Iti = tiiPAti1�` By..:L. rt 0, GnNGYAII .GOET , At rr•1ity.in•Ftct rasa t wf —,,,,,,.—.......+.......�.•^•y .I..a..r...—.,... r..........,........r.......wr..o.rr.,....•.www.r.r..�...w..........�,..��+a...... ►r..�..rww. �f FIRI11(1NT INSURANCE Conk NY 11urwnh, Callf9mis POWER 011? ATid RNEY tKN01V ALL MEN DY `l' 1ESE PRESENT& That FAIRMONT INSURANCE COMPANY, a Calilomia Cogmration. does hereby make, constitute and appc(nt D. Donovan Goetz as its true lawful Attormy(s)-k • ^sect. with full power and authority, for and on belWf of the Company at surety; to exeme 4nd deliver and Affix the seal of the Company thcrco, ifs seal is rtqui red. bonds, undertakings, mcogniuncts, consento of surcly or other written obligations in the nature therof. as follows: Any and all bonds, undertakings, recognixances, consents of Stuety or other written obligations In tM �ia!tun: thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the arts of said Attorney(s};n-Fact, pursuant t;D these presents, are hereby ratified and confumed. This appointment is made tender and by authority of the fallo%ing Bylaws of the Comrvny, K-hich Bylaws are now in full force and effect: ARTICLE VV. Section 13. AT?ORNENS M-FACT AND AGENTS: The chairman of tM board, the prrsfdenL the vier president. the chief rrun ofixn. or ary the corporatwr+ my appoint at M4sct or agtnta with powtt and Authority. as dertned or tirruted in their respe�cctive por.ers d sitoerre} for and onoi the cotporawn to execute and deliver, and affix the seal of the Cor�,ralion thtreto, t*nds, aid}makings. remogntunc". conirnta of surety Or other written obligations in the nature thereof and ant of said orkm nay remove any such attortmyindad or agent and revalre the power and authority given to hirer or her. ARTICLE IV, Section 14. AUTNQRfi'Y TO BIND. Any, band, undertaking, recognizance. cons�rnt of surely oe vrriRten obligation in t e rat ure t er s va 570 bindin upon the cormatm when, signed t:r the chairman aI the board. the president. the vice president. the chief rmancial officer. of the Wcrstary of the Mpontbm and duty attested and tietkd. d a seal is rmr�,aired, by IN secretary a atsistant secretary, or shall be valid and tdndin j upoat t�+�e ration when duly evsculed atu: sealed, it a seal is requited, by a duly authorued artornry-Wao be agent, pursuant to and within the limits of [tie authority granted by hrs cW her power of attomfy. This power of attotney is signed and sealed by facsimile under and by the authority of the Wowing Resolu• Lion adopted by the Swid of Directors of FAIR 109s INSURANCE COMPANY at a meeting duly cailtd and held on the Ord day of Octcb+er, 190: RESOLVED'that the sianstute of any office! authorised by the Bylaws. and the seal of the or atWrt, tmay be affixed by WsImik to any power of attorney or special poorer at attorney or cmitecatbn of eithey. m lot the necution of &my bond. undmukin renitann consent of surety of othtr written at�ilgation In the rr;ure thereof, uNch sla Ahm ' ar►d utl, when so wed.rogbeing hereby adopted by+he cotporatirrt as the orihximA sigtutwe of suoch dfxvr and that on j(tud seal of the corpmatwn. to be valid and bindinS upon the corporation with 0* same forte and affect as thm$h tv%nuady affixed. IN WITNESS WHEREOF, FAIRMONT INSURANa COMPANY has caustd these P'tesents to be signed by its proper oificer "and lts corporate seal to be hereunto affixed this x 7nt1 day of Karch of 1955. +&'�,,�•., E'� FAIRMONT INSURANCE COMPANY act 1�PL 1A any 1'ice .. •~ ,M �••.,..« s+geortwv HenryP: wrlght, Vi Prssitl*W Po„wo M 1r i A jA stste of Call(CMta i" COUnty 0f LAX AnSti! He y.Wright Y y nr F Wri ht ....._.,. � .._._,,known to ax, rras b me duly sworn, and did depine and sad: that he/she residrs In the State of California; that he/she h the duly elected Vice president of s FAIRMONT INSURANCE COMPANY the corporsflon'described in and whkh executed the above instru- ment; that he/she knows the seal of said corporation; that the wal affixed to said fnstrulnent is -auch cor- porate, seal that it was so aff3red by authority of his/her offke under the Bylaws of saki corporation, and f that he/she signed his/her name thereto by Me authority. � Subscribed and sworn to me this 22rd day of march , 19 es "Are&�s Notary Pub9c in and for said Count and State. y CERTIFICATION E], CITY OF HUNTINGiON BEACH R_UEASE OF STOP NOTICE To: CITY OF HUNTING,roN BEACH Attention: City Clerk 2000 Main Street Huntington Beach, California 92648 i 1 � , fan»^ ,1��11.� T� Ra nd;►q : dg I .Iau.zo�1� f.3T0 '��0.11177I1f9 The undersigned hereby withlraws and releasev the Stan Notice filed on 22x/ L ,19 9.t;", with the above -named public entity against �n�� in the amount of t 1 , S'9 Z. :i for labor e services, equipment and/or ma+-erial furnished in connection with the original contract, numbered CC-- for the performance of *h:: public work of izanorvement described in the contract between the public entity and c% the prime contractor. A copy of the contract is on file with the City Clerk. The undersigned also hereby releases the CITY OF HUNTINGTON BEACH, and its aubdi v i s ions, of f i,cer©, employees and agents, iron any and all duties under Section 3186 of. the California Civil Code to withhold money or tondo in response to the above -mentioned Stop Notice, and waives any and all rights of action against thews that might accrue thereunder. DATED: Name of Claimant: If a corporation, signature of: l a� �..,, re en oz ce ree ent stop'Notics. CITY OF HUNTINGTON BEACHe A?TN. ENGINEERING R NOl'iCE T� i E G E I A/ (,tame of ilrbllt Ba Yur Ix"dir) 2nno MAIV STREET HUNTINGTON BEACH, ZALIF. 92648 or Public Job --,File with office of controller, auditor, or other public disbursing ofr%,-; s dut g is to mekc payments under provisicns oft �' CALM (if Private Job— file with responsible officer or person at office or branch of conmructiori lender a&irtistcring the construction funds.) ► PrimcContraclor. K80PF1)LQNSTRUC_,.T1ONeve 'U Sub Contractur(IfAny) ..._..CL--WET FlFaIR7,C� d' 'r Owner or Public Body: CITY OF HUNTINGTON BEACH .,. Improvement known as_ RE5TAtlItANT END .91F 711E PIER, (Name and addrem of project or work of imprriltment) OFF DM 101 HUNTINGTON BEACH, CALIF. in the City of 11UNTiNGTOy MACHO O -,Count) of ORANGE State of California. WALTERS WHOLESALE ELECTRIC CO. claiCORPORATION _ mant, a (claimant) (Cortrorcttlon/Partnrrship/Sole Pwpr/ttort 1p) furnished certain labor, service, equipment or materials used in the above d.-=ibcd work of isnprovement, The nansc of the person or company by wham elaimgr,t was employed ovo whom claimant fi mifbed labor, service. equipment or materials is _ CAL -WEST ELECT►:c(.* (,fame r,rSubconirectorl ContractorlO,%7isr-Builder) 2295 S. GRAND AVENUE SAN'TA ANA, CALIF. 92705 The kind of labor. service, equipment or materials furnished or agrcd to he furnished by claimant was E . RICAI. S 11I1 Mfjr4 MATEj&!AL3 /.ie�crrtk !n dstcil? Total %altic of labor, service, equipment or ttsate.rials agreed to be furnishcd . ....... . . . . .S 7 564.40 Total value of labor, service, equipment or matcrisis actually furnished is ..... . ... . . . . .3 - 7.566.40 Credit for materials returner'. if any ......... . ........ ....... .............. ....S J S Amountpaid on account, if any ............................................ ...S Amount due after dedut,;ng oli just credits and offsets ................ . ..............S „ 7.564.40 YOU ARE: FIEREBY NOTIFIED to uhhhold sufficient monies held by you on the abo%,.- described project to satisfy claimant's demand in the amount of S 7 , 564A-14 as provided in Swio.n% 31% through 3214 of the Civil Cade, and in addition thertte sums sufficient to cover interest, court costs and te3sonable frosts of litigation.. as Provided by law. A bond tg nn t attnshcd. (Bona requirtd on private jobs-- not on public jobs.) 0/J/it nnr ) Dnlc NGVEMBER S, 1985 lame of ClaimanS HALTERS WHOLESALE ElECTRI C CO. (F7rm Name I SEC. /TRi',1tS. (l),ff:.'lat COFe O'I VERIFICATION SEC. /TREAS. 1. tha undcrxigncd, xtate. I am Me;.._... .,:.�......,.....,.......�.... (..�,erst os"', '�wtlrfrnt �,1'....awrt►srrnf'. "o*nor o� etc. j • , . the clamant namcO in the forge ing 5tOp SOI.ks 1113VC rczad said claim of Stop' Notice' ansi know the co , A teals thcreof, .1nd I ccrAry thn: the sumc is true of my own knowledge. i Certify (sir deciutc) tinder pezaltyof perjury tinder ttic Ixwsorthe State oma!ifornla that the fomilaiagis true and 1Eisrevis:ilon ., . uQY 14 �.5.,..: �f..3 ' P Q ..._.w. ...._..._..».,,_......�.....,., =_.-..,,+r r+t Cta,E1mt,4tv1 Ak' #ho tea.eaexr( IPIGA F0*144(Are. x1M S1# ..+.r c* 1 : 4..".. c .., ••"''! \i r -�. h �1 ,;y 1r}?,'1 11 r .-ro }v !: i 1 ,,. . ,., . .. , '.. r - "•v _ i,-. :' •' ;..; � '; der.. : ri rl . ,;,,,` ' Notice to Contractor (NINETY [901 DAY PUBLIC IYORKS PREMINARY BOND NOTICE TO PRIME CONTRACTOR) AS PROVIDED FOR IN SECTION 3091 aF THE CALIFORNIA CIVIL. CODE �j t,•, yam^, `:' � 1,1� .. r To: _,_KRt)1'F �YSaNSTRt;QTI_Cti gar• 79 KIMENJI AVENUE.'� � 13 $ fKanst and Aadrets of Prime cortmetorJ You are hereby notified that M1 05 WIMLESa LECIBIC-0- .., (.%'#me of trtrtat car f►m fwntshlnr blur. srm*xs, tgi*mwmr or rratesft�; .18626 SUSAN& RQAr CQMPTQN-- CAME, 29221 jaldrrxr) has furnished labor, scwices, equipment or material at the following general description: WILDINGELEMIM ? t (Gennaf dtserlption of lsAar. sayrtnet, equipms st or tmtft 1 fief ntsW or to of JuMbRtJ) for the building, structurv, or utoler work of Em-provensent vacated at: .rHE;.S ALTBAU .END QE IM ELF'R ....QP.B IM M, _.HLIMI100H h= CALIE,._._;..... (Addrrrr cf dev.1p)kin a f i b Cite tr jIL-knt Jw rdentQJk- tim) i 'Ilse name of the rcman sir firn, who contracted for the purchase of such 13har, sets -ices. equipment, - or material is; CAI. —WEST ELECTRIC adint owloiditst of Crimn nror"I 2295 S. GRAND AVENUE S.kNTA ANA, CALIF., 92705 7,564.40 The amount of the claim is 3 .. NOVF.M ER 1935 Name afCiaimant WALTERS WHOLESAVi. ELECTRIC Ca. 41 i, SEC. JTRE.8. (offlCur CkIN&r) r 'rtt�l�`� 7!�^`. �,. �.•��'15 ' r � -�' •i! 't j5t��.-:') 111 S-i ! 4 5 r1 r r�,, � r. CITY FUNDED PLJPrAIC WORKS CO TRACT BETWEEN THE CITY OF HUNTINGTON BEACH WD KROPFLI r& BU'RROUS, INC. d/b f a KROP1xt l CONSTRUCTION CO., INC. FOR CONSTRUCTION OF THE M- NICIPAL PiZR RESTAURANT THIS AGREEMENT a wa-la and entered into on thin 7 day of Mal., 1 , by and L-etween the CITY ` OF HUNTINGTON BEACH, a municipal corporation of the State of. Cal:£ornia, hereinafter referred to as "CITY," and KROPPLI & BURRLUS, INC., a California Corporation, doing business as KFOPFLI COMMUCTION CO.., IW1-11 , a► sole proprietorohtp, hereinafter referred to as "CONTRAMOR. " WHEREAS, CITY has solicited bids for a public works pxo ject, hereinafter referred to as "PROJECV," more fully describer) as tho construction of a restaurant facility atop the municipal pier; and, CONTRACTOR has been selected and to to perform said work. NOW THEM, FORE in consideration of the promises and agreements hereinafter made and exchanged, the partfus covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTVICE OF RISK .^CLUTPA::':OR shall furnish, at its own axpense, all labor, plant, tools, equipment, supplies, tranoportation, utilities and all other i teas, services and faci l tt i es 'i ncen!4nry to complete and construct t'he PROJECT in a good and workmanlike manner. , 1 -.ter CONTRACCOR agrees to a3suwe the risk of all loes or damage ariiing out of ` tbal nature of the PROJECT_; during Its progress or jirior to acceptance, from the action of the elements, from any unforseen ' :iLriculties which may arise or be encountered in the 'prosecution of work, and for all other risks of any. description connected with the work, including, vut not limited to, all expenses incurred by or in conse:uence of the suspension or disconkinuance of work., except• such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time: and in the manner shown and described in this Agreement, and in accordance wits: the requirements of CrTY under them for the compensation set forth in the accepted bid proposal However, the ?total compensation to -be paid i3 to be computed on the basis of the units of work as it is actually performed, in t, accordance with the stipulated prices named in the Did Sbeet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK= PLANS' M t SP EC I MAT I ONS COINTR1NCTOR acknowledges that. it is fully familiar with all the terms, condit.iono and obligations of this Agreement anti } i the Contract (as hereinafter defined), the location of c: ,Documents the job site, and the conditions under which the work is to be Performed, and that it z enters into this Agreement based upon i t a', invnstigation o£ aLl such mutters and £r. relying in no way' ufan any opiniass or representations of CITY. 1. - ' 2 1 0 It is agreed that the Contract Documents are Incorporated into this Agreement by this referenae, with the same force and effect as it the same were set forth at 1,xngth herein# and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Ccocuments insofar an they relate fn part or in My way, directly or indirectly, to the work covered by this Agreement. "Contract Documents":as defined herein mean and include: A. This Agreement; B . Bonds covering the word: herein agreed upon; C. The CI7V S standard Plans ana Specificationsa and special contractual provisions, including those on files An the office of the Director of Public Wor'j%,s of CITY and adopted by the City Council of CITY, and my revisiona, amendments or addenda thereto; D. The 1.982 edition of Standard Specifications for Public Works Construction, published by Builder's Ni-wo, Inc., 30.55 r Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the Anerican Public Works Association and the Southern California District Associated General Contractora of the,: California Joint Cooperative Committee: E. Bid documents Including the Notice 'inviting H o the Special instructions to Bidders and addenda thereto] if any, ' and the Contractor's Proposal t attached- hereto as Exhibit "A") s s r i i F. The part ._,c.ular plains, specifications, special provisions and addenda applicable to the PROJECT.: Anything mentioned in the Specifications and not indicated in the Plans be indicated in the Plans and ''not mentioned in the Specificationss, shall be of like effect as if indicated and mentioned in both.. In case of discrenancSr between any plans, specifications, special provisions, or addenda, the matter shall be imzediately submitted by CONTRACTOZ to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at i.tsa own risk and expense. Should there by any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR. then this Agreement shall control and nothing herein nhnll be considered, as an acceptance of the terms of said bid or proposal which is in conflict herewith. 4. t. J CUNTRACTOR a;j rees to commence the PROJECT within ten (10) work! ng days after notice to proceed is Issued ird aball. diligently prosecite PPCJECT to completion :within one=#Iunllred and eighty (180) calendar days frox the execution of this h'9r'eemonL by CITY, excluding delays provided for An Section 11 herein. 5. TIME OF THE ESSENCE The parties 'hereto recognize and agi-ee that time. is of: the essence in the performance of OvIs Agreement and ,'each and every provision of the Contract Docuit.,:,ay.s. COMMENCEMMT 'OF PMTECT CONTRACTOR shall prepare and obtain appeoval as required by the Contract Documents for all shop drawings, details and sampits, and do all othc----- thing6 necessary and ins4idental to the prosecution of its work , in confc,rmance with the progress ached ale set forth in the Contrac" Documcn4a. CUNTRACTOR shall coordinate its work with the work of all o16- he r contractarse, subcontractors and CrTY Forces working on tine ,PROJECrt 11 n a manner that will facilitate the efficient completion of the P RWE-,.'T and in accordance with Section 4 herein. CITY aball bave con"Lete control of the premises on which the work is to be performed and shall have the rLgbL to decide the time and order in which the, various portions of the work shaal be, porlarmed and the prlerl **-.y of the work of other contractors, subcontractors 6n� 'CITY Zor,ces and, in general# -all matters concerning tho' kLmsly and .orj.j.%r1y conduct of Ote work of CGNTRAC!vjP-, on the premisoO, 0 6. CiiAMGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless n change therefrom is authorized in writing by the DPW. CG'f.r.RACTOR agrees to make any and all changes, furnish materials and perform all wort: necessary within the scope of the PROJECT as the DPP may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CMITRACTOR that have not boon agreed upon in writing by the DPW. When directed to change the work, CC�VTRAC1'OR abal.l (submit immediately to the LVIN a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according tc: the: changes ordered in writing by the DMI and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CMITTRACrORs: therevpon, CITY will promptly issue an ad juated change order to CONTFLM-MR mnd the contract price will be adjusted updard or downward accordingly. 7. NOTICE. TC PROCEED No work, gerw`uas, material, or equipment shall be performed or furnished under this Agreement unless and until a tlotice to Proceed has been given to the CONTRACTOR by crry. CITY does not warrant that the work site will be available on tho date the Notice to Proceed is istwed. In event of a delay in commencement of the work due to unavailability of the job site, 6 �. { i for any reason, relief to tbo CONTRACTOR shall be 1:mi.te3r3 to a time extension equal to the delay glue to such unavailability. E 8. AMIDS Cc?NTWXTOR shall prior to entering upon the performance of ;:his Agreement, furnish the following bonds approved by the City Attorney: One in the amount or one hundred percent of the contract price to guarantee the CONTRkCTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and I i one in the amount. of: fifty percent (501) of the contract pvice to guarantee payment of all claims for labor and match als furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work dono under this Agreement including, but not Limited to, any workmanship, installation, fabrication, material or structural facilities con©tructed. CONTRACTOR, within tern (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or Ltems. Upon expiration of such ten (10) day period, Cl,*N may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10, INDEPENDENT CWTRAMR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense. and be responsible for any and all payment �.I of incomes tax, social security, state disability insurance 1� w 7 3.i compensation, unemplgyment compensation and other payroll deductinns for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT, 1.1. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case: the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar: days as set forth in Section h herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of five hundred dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section A herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would susta'i,n in the event of and by reanon of sc'.ch delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY i I may deduct the amount thereof from any monies duo or that may I` y become due to CONTRACTOR hereunder. I� COWMACTOR will be granted an extension of time: and will riot be assv9sed damages for any portion of the delay in { completion of the work due to unforsecable causes beyond the 7' d without the fault or negligence of CON control �n �TRACTOR, r VVV • s , i including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather. or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay ( unless the DPW shall grant a further periol of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CIR'Y shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay;: and the decision of the DS4 shall be conclusive on the parties hereto,, Should C014T'RACTOR be delayed In the prosecution or completion of the work by the act, neglect or default of CI'i,f, or should CONTRACTOR be delayed waiting for Materials required by this Agreement to be furnished by CITY, or by damage caused by fire or ether Casualty at the job site for which CONTRIXTOR in not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or ice the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be, ma4'e unless a claim therefor is presented in writing to CITY within fifteen (:.5) days of the commencement of such delay. No claims for additional compensation or damages for delays, irregpoctive of the cause thereof, and including without limitation the Burnishing of material by CITY or delays by oGhor 9 t{! contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CMIDITIONS (1) Notice The COhfTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing oft (a) subsurface or latent physical conditions at the job site differing materially from those indicated .in; this Agreement or the Contract Documents; or, (b) unknown physical conditions at the job site, of an unusual nature, di-Ifering materially from those ordinarily encountered and generally, : recognized as inherent to work �the character to be performed under this Agreement. Thn DPW shall promptl,,, investigate the conditions and if it find© that such conditions do materially so differ and cauao an increase or decrease in the time required for performance of any part of the work un:.er this Agreement, whe the . or not changed are a result of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJEM, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are; in variation to the quantities listed in the bid schedule. do claim by CUNT.%NCTOR for an equitable adjustment in price or time for completion shall be allowed if, asserted after final payment under this Agreement. If the quantity variation is sudh as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such ^—d just►zent for exten-ling the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an eatimate in writing of the work Performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (101.) will be dedu--; `ed and retained by CITY an6 the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, to the judgment of the DPW, faithfully executed fifty percent (50%) or more of the.value of the -work as determined from the bid schedule, and if the DPW finds I' 1 fv .1' �•fMf.u7� 11. Yt'!•n•Hfry1 �t71���M�tNrrrrwr•,.....+, i1+w../AFLehllf lr`.���,. i+^"..57* 'i'•"1 that satisfactory progress has been and is being made, the -i CONTRACTOR m6y be paid such guts an will bring the payments of each month up to one hundred pe.-cent (1001) of the value of the wort. completed since the commencement of the PROJECT, as determined by rPw, less all previous payments and less all provioua retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty --five (35) days after the acceptance: of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in ;the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the a►ork for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated In the certificate is due under the terms of the Agreement. ?a►rt.ial payments on th,e contract price shall not be considered as an acceptance of any materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affida,lit covering disputed claims,, or items in connection with Noti.4es to Witbhold which have been filed under the provisions of the statutes of the State of California. 17. WHIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its of,.ioers, agents and employees against any and all liability, claims,judgments, costs and demands, however c:.used, including those resulting from death or injury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out of the obligations herein i undertaken by CONTRACTOR, or out of the operations conducted by j CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any ouch suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney's fees incurred by CIVY in enforcing this obligation ...�.—.•-...._..�.-.�---—...,�.. - .,._ ..:: _ ,.,,ram.. ,,,,-.. .,.,,...�. 19. WORKERS' COMPENSATrON 1USURANC£ Pursuant to California Labtlr Code Section 1861, CONTRAC1r0R acknowledges awareness of Section 3700 et seq. of said code, which requirea every employer tt.� be i,nsnred agairat liability for workers' compensation; CONTRACTOR cov+ena<ata that it will comply with such provisions priou to commmincfng performance of the work hereunder„ CONTRACTOR shell maintain such Workers* I Compensation Insurance in an amount of not less than One-;;tindred i Thousand Dollara (t;100, 000), at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CI"&Y, on a fcrm approved by the City Attorney, a certificate evidencing such insurances said certificate shall include a provi a ion that the insurer shall notify CITY at 'least thirty (30) days prior to any cancellation or modification of said insurance policy; and C01.4T ACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Snid insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section IG of this Agreement. COF ACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for .all of the subcontractors' employees. Ctia'.CRACTOR sha,tl furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurances and CONTRACTOR shall similarly. require all oubcontractors io waive subrogation. 14 , 00 20. INSURANCE CONTRACTOR shall carry at, all times incidant hereto, on all operations to be performed hereunder, bodily injury and I property damage liability insurances policies including automotive bodily injury dautage liability insurance, underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed cperationn and all owned vehicles and non -owned vehicles. Said insurance policies ©hall name the C17r, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the Life of this Agreement, in an amoT,-nt of not less than Three -hundred Thousand Dollaru (000, 000.00) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rights v.gainst CITY and agrees: to provide certificates evidencing the same. Before CONTRACTOR performs; any work at, or proparen or delivers materials to the site of construction, CONTRACTOR shall I furnish to CITY certificates of insurance subject to approv&I of the City Attorney evidencing the foregoing insurance coverageo said certificates ahall provide the name and policy number of each carrier and policy, and stall state that the po}.:icy is currently in force and will. not be cancelled without thi.:ty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages- in force until the wa k under this Agreement , is .fully completed and accepted by'CITY. 1 : f; , The regjisrcmrnt for carrying the foregoing inaurau:e shah, not derogate from the provisions for indemnification of CITY by cowrmcTOR under Section 113 of this Agreement. CITY or ita representative shall at all times have the right to demand the original or a copy of all said policies of insurance-,' CONTRACTOR shall pay, in a prompt and timely manner, the pre ziums on all insurance hereinabove required. 21. DEFAULT AND TERMMATION If CONTRACTOR fails or refunos to prosecute Lhe wor). hereunder with diligence, or fails to conple:e the work within the time specified, or is adiudged a 'bankrupt nr makes an assignment for the benefLt of creditorn or becomeb insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after suc% Notice of Intention has been served on CONTRACTOR; CITY may, wi knout prejudice to any other remedy it may have, terminate this :agreement upon the expiration of that time. Upon Hach .s .'st., JULIL calculations, maps and other docur.ents pertaining to this Agreement shall be delivered to CITY and become it R aatie property at no further cost. 23. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Ngreement, or any part hereof, or any ' right or duty created herein, without the prior written consent of CITY and the surety. 24. CITY EMPLOYEES AND OFFICIALS COMTRACTU3 shall employ no CITY official nor any. regular CITY employee in the work performed pu::suanr to this Agreement. In accordance with California Government Cfide Sact tons 1090 et seq. , but subiect to the exceptions therein bet: forth, no CITY official or employee shall be finatacially interested in nor derive any financial beneii.t., either directly or indirectly, from this Agreement. 25. ATTORNEY'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing patty shall be entitled to reasonable attorney's fees, cosi:a, and necessary disbursements in addition to any otb.er relief to which that party may be entitled. If Any action le brought against CONTRACTOR or any subcont•riv--►air to enforce a Stop Notice or Notice to Withhold which names CITY as s party to said action or by reason of which CI "I iracurs expenses, CITY ,''shall be entitled, •to.: raasoi,abLQ administrative and aLtorney1w fees,. costs?'rma ,t 17 `" .t t ° , 1{y .i 11 `, r. -7 C: i .+1 l •.. .J Ali ._ ._ '.':.5^"'"::=T�:, ;. _. ... 1•.•.---... .,.: :A. ... ., ,;,. . .�._...; ;a°, '..:_•.'-;Y'wLaA /WM .. .. _ -__ ,v.HFnz{:.7rt17� nercesuary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materia1r. paym-ent bond rpgttired of CONTRACrm CITY may charge an administrative fee of One -hundred Dollars (tIGO) for every Stop Notices filed in excess of two, regardless of whether or :got CITY, is named in an action.. CITY gray set off any unreinbursed cost or expense Aso incurred i against any sus. or -suns owed by CITY to CONTRACTOR R udder this Agreement. 26. NOTLCr&S All no:Aces required or permitted heroundar shall be delivered in person or by registered o. certified mail to an authorized representative- of the party to whom delivery is to be made, at the places of business or such party, or to any other place designated in writing by such party. � 27. CAPTIONS Captica:is of the Sections of this Agreement are for i convenience and ref•ereynco only, and the words contained therein r 18 :..�.�- _. .' .....:..•R;'.. . ; r . . _:. i • • - ..-yagv. . , .. a.. • .wa F". Yi •• v.� w wsw^1 e.ev1 necesuary disbursements arising out of the processing of said Stop .' 11otices, Notices to withhold, or any similar legal document necessary to the prosecution of such action. Said obligation - shall be provided for in the labor and materials payment bond revusred of CONTRAMOR. CITY may charge an administrative fee : o£ Ono -hundred Dollars (U00) for every Stop Notice filed in excess Of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expenLte so incurred against any sum or sums owed by CITY to CONTRACTOR uncler this Agreement. 26. NOTICES All notices required or permitteel hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to wlsom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 27. CAPTIO14S Captions of the F ctions of this Agreement are for convenience and reference only, and the Words contained therein interpretation, construction ar meaning of the Agreement. 28. ENTIRETY The foregoing represents the entire Agreement betweon the parties. IN WITNESS VH, ;REOF, the parties hereto Agreement to be executed by and through their the ray, month and year first above written. rave caused this authorized officers CONTRACTOR: KROPFLI & PJRROOS, ViC. CITY OF ITUNTINv'MN BEACH, a California corporation d/0/A municipal corporation KROF�P:.� STR 1I CO., ' r .� /POFte K_. Pre .dent Mayor r .gip f� f r _ I iV STATE OP CALIFORNIA - as: r COUNTY OrLOS ANGSL£S On March 4, 1-9$5 , before me, the undersigned, a Votary Public of ' said county and ata+te, personally appeared John T. Schmidt , "rsonally known to sac tar proved to era c m t-he basis of satis_acLory evidence) to be the person whores name is subscribed to this inntru-rent as the attorney -in -tact and acknowledged to me that he (she) subscribed the name on behalf of tha corporation therein named an k surety and hie (her) own na=n as attorney-in-16 Witness my hand and official zeal. SF:ni. ri 4 Lim Notary`s-ublic - State of California f j >KOft UPI. COPTS qtNDA CIA �Q< �131 [ta+Mt1 u, twe•www t.p!n Am ]0 i i 1 1 PERFORMANCE BAND Approved by Tha Armrican Institute of Architects A.I.A. Document No. A•311 February,1970 Edition Bond No. SB 003 051 Premier: $4030.00 fCV0WA LMENBYTRESEPRESENTS.Thitwe, KroRfli Construction Co., Inc. (Here insert the name and address or legal title of Contractot) 19 X.imeno Avenue Long Beach, CA 90803 ' a.,, Principal, hereinafter called Principal, and FAIRMONT INSURMCE COMPANX,a California Cmpmdon of Burbank California, as Surety, hereinafter called Surety, are hrld and firmly bound unto City of Iiuntington Beach (Mete insert the name and addreu or legal title of Owrct) as Obligee, hereinaftet called Owner, in the amount of Three hundred thirty—five thousand eight hundred forty—three and no/100's•----------- --------- 1ht11srt (S 335,843.00 j. for the payment whereof Contractor and Surety bind themsehvs, thvir heirs, executors, adrrinistratoil, succe%Wt% and assigns jointly and se%vrilly, fifmly by these presentt. WHEREAS. Contractor fas by written agreement dated Marrrh ,19 85entered into a Cont-, -,cc with Owner for Ci ' Funded Public Storks Contract for construction of the Hunicinal Pier Restaurant in accordance with Drawings and Specifications prepared by (Here insert full rume and address or legal title of Architect) a, which Contract is by tefetence rrude a part hereof, zol is hereinafter referred to as the Contract. NOW, THEREEORlr, 771R LbA'i11TlON OF 77!!S Oi LttiATTON IS SUCH, That, if Contactor shard promptlyWand faithfully pe:form said Contract, then this obltgatkin shall be null and void, otherwise it %hall temair. in full foice'And cffetet. ., 'lire Surety hrreby wairss notice of Any alteration or extension of time nWe by the Owner. (continued on tevetse tide) 4014�`9? Whenever Contrsc(or shill be, and declared by Owner to be in dtfAult under the Contract, the Owrter having ptriarmed f Owner's oh!igations thereunder, the Surely may promptly remedy the default, or sha11 promptly 1. Coinplete the Contract in accordaax with its 1erm3 snd 'conditions, or 2 Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, aatd upon determination by Surety of the lowest responsible bidder, or, if the Owner elects. upon determination by Ownet and the Surety jointly of the lowest responsible bidder. atrange for a contract between such bidder and Owner; and rake available as Work progressed(eirn though there should be a default or a succession of defsulta.under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the tort of cornptction least the balance of the contract ptrcc; but not exceeding, including other casts and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph herecf. The term "balance of tht ccnt►act price," at used in this paragraph. shall mean the total amount payable by Owner to Contractat under slit Contract and 7ny amend. menu thereto, less the amount properly paid by Owner to Contractot. Any suit uiider this bond must be instituted before the expiration of two (2) ycars from the datc on which final p�ymrnt under the oontract falls due. No right of action shall accruc on this bond to or for the use of any person or corporation other th:n the Owner tsarmed hereir. or the heirs, executors, administrators or successor. of Owner. Signed and healed this, bth I day of March � .19 85 (titan) (Witness) Kropi'li Construction Co.* inc. (SFII ...._,, Title FAIRSION"T PsSURANCE Cotit'PA%Y -f Attorney-in-1-act ioht4'Z." 5cha1dt$ I1.: 1N1t?Ttit'1' INStlBANCE (.,&04N1*Alr Hutrlynnk, Caiifurnlu i70WElit or Al"i10h1NEY titit]N' ,1hI, Jtt:N Fit' THOSE ifIMSENTS: That F IRMONT INSURANCE CO>t1I'ANY, a California Cwporation, does hereby make, constitute and appoint John Z. Schmidt, Richard K. Rosskopf, Sandra K. Witt, Donald E. Rapp, Douglas A. Rapp and Richard C. Lloyd of El Monte California as its true lawful Attorney(s)•in-Fact, with full power and authority, for and on behalf of the Coat- pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is mquired, ::+onds, undertakings, recAbni`ances, consents or surety or other writion obligAtons in the nature themt, .15 follows: Any and all ivrids, undertakings, reco ntixarcc,s, consents (if sumt)• or Other w itten obligatioms in the rt.'lture therenf, and to bind FAIf2MO T INSUiit' NCF Ct7MPAS11Y thereby, and ail tit the acts -if said Attorricy(s)-irt•Fact+ pursuant to these presents, are hereby ratified and confirmed. This appeaintment is reader tinder and by authority of the f(Ac-wing Rylaw! ttf the. Company. which Bylaws are now in full fotce and effect: ARTICLE. W, 5tsitu+n 13 AT1•ORN1 1AC I AM) AI Ii?r thA;Irnan eN 1he kxvrd. the prxaident, the vice preside: t• the r�iu�l'f naitciaTnCficrt. vi thi �e errt.+•> uC t'r,�• e+tre+ra; �r. mat «`p,nnt attene�'s•en fall ur gents s• nth power and authJritt, ,tSd0ire•d or 1lmat, I tr IN-,.t it %pt-& I.% e• pot, t•ti t,t s 'cane` 1•`r And on behalf rd the erngxtrilion to eXectrte and dehve;, avd att+t the sell oI the Corlutrauon thrrrto IN-nd,, ur•dertaltng% rCi.�{:n171nrCe, convent& of surely ar other Written t)h1;pt+t•ns in the nature- Incrivi and Am tit 0,•1 Ot%lor% may n•tnorr .inti• such of /gent anj rrviAt the `oucr and authonl r'l%v t to hilt: of lu•r ARTICLE W, Seaton 14 AL:1110'RITl TO HM'D ins htirt.t, ur.Jcrtal.trl;, rrtogntrance (tmernt at sutrts•or wrltttn e,�lty;atwn In AFC natuic di'; "I,bAr 6 .,d;J .103 I•tn,:it,- u1titn the cp. ttr•tal on e% hen toped by the ihattr:ian of theb:uid, the prr.tdint, the %m, pre't+dent, the ;hn•t tuean,+.e Alit t,rr to the cogx)ratxx% and duly atte+hit and wAlki. it A seal i, rtt•u:rrd be the -AV rrt-1rs of et mini u•,:rt-It ►•. of ih.tlt tv tand and t,indtng tAp.�ts tht eo:ptNatwn when dul►• rtetuird trii tral,tl, Ita +e'.tl t% rr.luitrIi. 11% a .tvl1' Authctr+:r,3 aftetrrtrl'•tn•litl tK Agent, pursuant to a.nd within thi hrrias tit the authowi. I. - t•s tu. e r ht-r rs„rr ..•i aI!,itney T'hts Power of attornev is signed and waled liv facsimile under and by tilt., authority of the fool, wing Resolu- tion adopted by the Soard of Directom of FX114MON'T IMS-URANCE WMi'ANN at a meeting duly called and held on the area day of October. 1983: RESOLVED that the .ii;n,,tutr of any ilkWe•r tutl:omed ter Ihr 8 eat,. and the +e•a) tit the eerM.-A1 )n; may be affixed byfusemifr to any prrv,et of attttrnry or +pt•e tA1 r+Mr•t o1 attttrnry or ecrttlication of either gnn-n for t;;%oe:w•cuttan of anp Mond. undrrtiktng, reitrt;niran<r tuna nt ut lure tt e+r �,ther ee r+N,rn e:hligatrtn in the ►Ytturr thert•.tt; t1 ,?t signatureand gal, when fo used, briar, he-t1T1' adapted bs• the citrparation a. the art irtwl signature ,J such officet and theariginAl seal 0the corr%tratrcn, to beia!td and t,tnditig utv•n the corj,,ration ee-nh Ie ..Anne force: ,d etf.ni as ii,ough manually aflitcd . IN :FITNESS INHERFOF, FAIIZMON7 J.NSURAINCE COMPANY ha.s cattvd these presents to he signed by, its pniper officer and its t:urporate seal to be hereunto affixed this 19th day of December 1983 �e,et.,etwiew� ,->• �..•.•..,� C FAIRMONT' INSURANCE COMPANY ' 1970 APR.lA- SI�r ►may `� +....�•� x h��� eJe�nllUfe !, (I t4 Tanna P. 114ndley, Set;rcta v M (Overt' State of California ss. County af'Las Angeles Tanna F. Nandi ey persona known to me, sti•as b�� ere �jult� sty om, and did do xe and sav: tha -- P pa t heishe resides in the State of California; that helsh.. is the duly elected —S of FAMOi\T IINSUi;An'CE COMPANY. the corporation describcd in and which crecuted theabove Instru- ment: that helshe knows the seal of said corporation; that the seal affixed to said instniment is such cot- porate seal; that it was so affixed b1• authority of his/her office under the Bylaivs of said corporation, and that he shoe silzned his/her name 6e eto bs• like authority. Subscribed and sillorn to me this 19th day of Qecenter . 1983 OFFICtAt SEAL / EVELYN C. DENIHAN —'•tom ' W31AII it11UC • CAl1F"41A ~' i.�Nr��At anc: IN I . c,tan, ublic in and 4 tws ANCIL93 covr+tr � for said County and State. aAtr C"WISSION EAMM A►tlt 12, 1MS CERTIFICATION 1..Eatriria_j.01 Tien the AgLsiAt.gnt Secretary _. of FA1RMONT INSURANCE COMPANY. certify that the foregoing power of attorney and tb v ifxwe quoted Sections 13. and 14. of Article IV of the Bylaws have not bran almdged or revoke-d .end are now in full force and efteet. Signed and Scaled at Burbank, California, thrs ;ty1 day'If Mtsrc:h 19 B5 SEAL_ 4��•`L���.,t�j���. =; 'fete:.': Waft — w • I STATE OF CALL ORNIA sa: COUNTY OF IDS ANGELES ` On._••-...,�..,,��•Z.�-� ..- t S ._..,..._.� before me, the un ernigned, a Notary Public of �:`- - • John Z. S-Chfuidt aald county and $tale, personally appeared personally known to =e (or p:ovQd LA me on the basis of satisfactoryevidence) i to he the parson whose name in subscribed to this inntruaent as thn attorney -in -fact and acknowledged tc ae® that he (she) subscribed the name ore behalf of the corporAtion therein named ns ' - burety and his (her) own name as attorney -in -fact. . 'did and a tneso my hand anofficial sal. �� t r, C ` Notary lqiblic - State of California : LINOA G. COATS .o+•.. awutui4.�s lot r► lMri.+wr E.� M 30 �.# � _ -- 2 'i. - - - - - - - - - - - -._ - - _ - •-«....--.:.�.-.. Y..:rl#*h..=r,�eCweu`-'►�•',.'t'� � wit r; R/ Rti;a ra. �.w, ir!. .. '71': � �•':.. .. r.+. r .�!: �i �14iy-�' F1+v sL -iyQ ," � ai i ..:��.�,;.r� .,i.sL:.�r:,"�' •- « .. .. ,..� .. iH 'ftK i7:,.....,.....-r�-......+..rr.........rr..»..:ia:�i.4ti:<w:i'vr`iilll� - - A,,. TO F01311f r • 1 T FAIRMONT INSURANCE COMPANY W IL xUTT0141, c3t7 atitia-g2 , BY: Do uty .CitT dttornef iBwW No. ! BD 003,053' t LABOR AND MATERIAL PAYMENT BOND Premium: Included Approved by The Aa:wicsn lnititute of Arrhitocta A.I.A. Drecurnmt No. A-311 February, 1970 Edition Note: This bond is issued simultaneously with i Performance Bond in favor of the Owner conditioned for the full and faithful performance of the Contract. KNOW ALL,VEX BY THESE PRESENTS, That we, ' Kropfli Construction Co., Inc. oe the name and ad t�CIe bl r of Contractot) 79 Xiwt:(Here Avenue LoBeach, as Prwcipal, hereinafter called Principal, and +FAIRr9ONT INSURANCE COMPANY.* California Corporation of Burbank California. as Surety, hercinrlter called Surety, arc held and firmly bound unto City of Huntington Beach (lferc insert the name and address of legai title of OwnerI as Obligee, hereinafter called Owner, for the use and benefit of Chinunts as hercinbelow defined, in the amount of One hundred sixty-seven thousand nine hundred wenty—one and 50/1001671921.50 . Dollats (S ) (Here insert a sum equal to at least one-half of the contract pricy) for the payment whereof Principal and Surety bind therns.-Ows. their ?hits, eaeeutots, administratots, successor. and atsigtts, jointly and scveraliy, firmly by these presents, WHEREAS. Principal has by written agreement dated arch 19 85 rniered into a contract with Owner (b.- City Funded Public Works Contract for conat:rur-tion of the Municipal Pie.- Restaurant In accordance with Drawings and Spceifications otepased by R (here insert full name and asdreu or IegA title of AmNtect) which contract is by reference nude a part hereof. and is hereinafter refetted to as the Contract. NOW,,, THEREFORE, THE CVjVJ) O V OF 7W/S 0111.1G.a T1QN 1,� SU�l, That if the Ptin<:fpxl shall �socrtptly mike `} pwrient to all (`.::mutts as hereituftet dofined. tot all labas arid material used a: wsorably rciluired for use in the petfortntnce of the Contract, then this obination shall he wrid; otherwise It, shall remain in full farce and effect, iubjea. hcwerer.'to the fallowli-i6 conditions: 1. A Cttitr►snt is defined as one having a direct Contract with the Principal or with a Subcmtractor of the-Principw' for larbvt..materi2, or IKrth, acid or rozasoU�ly tiyuirsd for Ujt i.% the ptrfarasance of the Contract. labor and material being tunstcved, to include Ow rt. of orally, Wk puwir, h t, belt. o0. p+� ;h �ssolar►e. telephone serriet qt rartA! nfsgwpmttst , directly spplxable lk) the Conlratt. t;cxHttinge don few"* slier ' J11r' , 2. The above 'named Principal and Surety hereby jointly and severally agree with the Owner that every Claisrun' t'as htmin ; i defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work, or labor was done or performed. or materials were furnished by such Claimant, may $w,, on this bond for the use, of such Citimant, ptoiecu:e the suit to final judgment tot such sum or sums as may be justly due Claimant, and have execution thereon_ The Owner shall not he liable for the payment of any costs car expenses of any wee suit. 3. No suit or action shall be commenced hereunder by any Claimant, a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given written notice to ary two of the following; The Principal, the Owner. or the Surety above named, within ninety (90) drys after such Cl imaint did or performed the last of the work or labor, o; furnished the tart of the materWs for which said claim Is. made, stating with substantial accuracy the amount claimed and the name of the party to whotis the nuterials were furnished, or for whom she work or labor was done or performed. Such notice shall be served by mailing the same by registered snail or certified mail, postage prepaid, in an envelope addressrd to the Principal. Owner or Sumly,at any p'.:oe where an offi`t is regularly maintained for the trapuction of businem, or served in sny mannei in which legal pro"is ma) be served in the state in which the aroresai-A project is located, save that such service need not be made by a public officer. b) Afttr the expiration of one (1) yeat following thr date on which Principal wised work on said Contract, it being undetstood. ho itver, that if any limitation embodied in this bond is ptattibited b,- any law controlling the construction hereof such limitation shall be deemed to be. amended so as to he equal to the mnimurn period of limitation peirnitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivisiun of the state in which the Project, or any pats thereof. is sirsated, or in the United States District Couat for the district in which the Project, or any part thereof, is situated. and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payment% ntad: in pond faith hereunder. inclusive of the payment by Surety of mechanin' liens which may be filed of rrcord against said improve- rrseni, whether or not claim for the amount of such lien be pres.nted under and **,pmst thtc bond. Signed and seated this 4th day. of ?larch .19 8_, 5.._r 'rrop_ali Construq ;ttin Co. azzlSeai) % f ddttnci al c Title P'AIRSiONT INSLTAAtiCE COMPANY Johts-Z.-''SchmidL Attotneyin•t'>t:t �,i-'AAMONT INSUIIANCE Ct)lNIMN ►► Curflsl.rlk► f".relliurrlsat K.14,011' tV.11 MEN fill '1'EfE:.M. 171111SLN"1'S: That FAIRMONT INSURANCE CO.N11"ANY, a Califumia r_ orjx)ratilm, does hereby make, wnstitutr: and appoint John Z. Schmidt, Richard K. Rcsskopf, Sandra K. Witt, Donald E. Rapp, 0ougl as A. Rapp and Richard L. Lloyd of El Monte Caliiornia as its true Iawful AIto rtey(s)-inTact, 1%ith full power and authority,, fm and on 1vhalf of the Com. p 1n%, as s►tn. v. to execute and deliver and affi-, the seal tit the Company thereto. if a wal is rt..Nlttimod, Fiends, undertaking, recognirancce,, cunti.mts of surets• or other wntteri obligations in the nature• thkoretif, ir; followE.- And' and all Kmd 1, llrllfl'mlktngs, rt'cot ;n1f.ances, conserits of Sheet%' or other wrr•.a'n obi gatimis in the mitum, thereof, and to bins: FAiRMON'r iNSU R,V, C(T ( OM11A N.1 ttr.•r ilv. and .ill of the .acts of said Attorne i (s)-in•)~ xt. Putslfal-it to thest! prest'nt♦, are hereby ratified and Cor.ttrlSlvj. This ap;x\ ..tnwrt Is mado under and by awhority fit the tr•llo%%inf; ol, the ►_ilmpmv, which B%Iaws are now in fall force and rf il•c t A.t7tCL I Flit. r. 1 t'lti'!01 ';'. !% 1."( 1 .1 `,C► 1; ,t. `:1-. Itr, ' 1!a.rmin ••t tin b,`.,?d the } ck.5-; lrr.t. the we }`•t'S'.tCl!r. !ht'r1,4'�riT.aS'.:;' ttl,t't t'r „'l t` t!Cra:1 :'f 111,' t1�1�`„•„ti '!� r`.'11 �ti?}�.1;nt,it!•,7Tnl'1'h•:a•l�;t t'r ]1�Crtt! Nllh �rt,C< i!!u autharltt A- t!t'Itrt d ,'r !': Z1. tl !ri t!''.1 if'.1`a !I.,' r`vut f, t'r Ittilt Y \ . i,`t Deft: on tV'I1.11t R'! thl'Cet:r 'rAIh?t to\•\l-:Ur! a^1 tie l;%vr, ac,t ;tl1% tt't , !r'1' l ,'rr`,' .Ift, r? It .:t'•, �\. .l+ •Jr'.t,'rl.1%IT:1 % it`,tS, ►l'nscnls .!� iUt✓ly Or t?ltli'T l,r:lit'p r:l',.'.l l:en+ ,;1 , ,•l;, -, It,,'•,','! ., r1�7 r1Ct t�! ,,11,: ,.. ti"1� t'1�11 r'.'r^„1t• aw. ltlt-i1 Attl,t"Iev in•fad Of i Rt ;tad tl'1t'il' flit' 1,•.;•1+1' J"lt .1 !.. •li\ F',1.t'r'. f, !l,!`t t,! i,.•. �~ Artli(.IT. W. >t',t:, tl li AL I 1MN lt► +tl':tl \,'1 h,r:,t ..rt.lrrtti.ri cly•1 I%,.:.t`1tr• ►l'n-cell tt, Yuv!(vc;r written obltplAr1 to il•.` r!3t,ltt' rl`.tf 'i a~ 1't' 1 J :,1 .1nt1 t .',.tlt`t; a,`, T, i1',, ., f1\1tJ!1 '.1 1-. ivn, ;ttrtttd by the chiirmart o! the N-ard the rie st4.•rt. 11',1' tti• ',!. ,!, rt 1!'' .i'', r I.: !.'L 1.1! it;"! ! L-. .1•, lt,{1'( t•f and du1v z;itw-d .1nd?-ij!ed It a 14 At., rt•,i•tlavd t't, '`r w',!, ,.i:s ,'r � +t.?n! vtJr, ..r '.11,V) N- taIta:md t it dmgu}\ctn the c ".'PnAtuirt ttflfrl Jul%- r%ro lCki .1 1L1 te'3t:\� ;! J 1i ai 1% !,'.�I::r.•.t t•t .t .ttr!1 1Uti.t.T17!.i all. -tic" c" !h•tlil Ur 44CO1, FttnuJnf to and t.tlthrn !t c lrn:;ts ,lt QL•.: 1tiltn,fl!', l t1T'r' t t -, , T he! i'.+•1 t ! t`t ali.trr-rY This power ofattorney is signed and se.lit'd t•l urtde! and by the ,wthorily ref the fellowing Pe-solu. tion adopted by the tlnard elf Dir"lor. of V-A IR ON I l'NS RANCT CO!,i_ ANY at a medinb duly eaVed and held on the •Iru day of Octolxir. 190. HHOLVi D that the• �tArimutr. eft any tdlnrr awhor..,vd F, tht' 11%1a1 % � : nd the-•t•.Il Of the atrtrwratttM, ntaj• IV affiard t;, tActirntir to any p,»t P! of dthtr.lrt, r;t S} &MI 1'n„ "i l•t a!r,?Tn%tr t',- , t'Ittficatl ttl Pi l!Ill1Pr jvtl'Cn 1e11 Jilw Q'Im 'Ullort of ,Inv Kwd, i:n.!„: l kinK. rrvignifan,c i,(m4ril t't tt.rrtl" ttr imt, ! KlYttl'h .7tN1 JIl,1f1 Ill flay tlattvir th lruf. rfUC.1% 05nrturt and sell, 1•: f es s, wwd, hint; herety a:1t1p-wd by rn; cc1r !ral;1?n .11, the' 1 trl lnat s►t;l►.Itun• of surh officer and lilt uttginat' teal of the r.nr}x ritt;vn, to t , s afld .1nd t•1ndlrig alit the col }�•nat►lrn 1\ tth 1 4, wive fate and Ora as though tttanuafi'r afllre d. 1N %VWNE5S %VijhP%F'OF, FA[t* ,�,1t)Ni' 1N'SLiRANCE CO.Nli'.- tNY ha.s c:lus•�1d these pre.sents to beslgtted by its -wjvr office: and its cc►gvwte seal to fit.- hereu!; !o affixed this194%:h day of December, 1983 OF ? ��� C;:a,y. ('.:'••, FAIRMONT INSURANCE 1COMPAh -. fly hFR. 10 • • ~• •„a�� `1 toe /� /�& z q'04Lt��-t `' Tanna 11, Handley, Secretzl- ` fs &Al► to t IC 1 - Imo' .. - Stitt of Ciilfornii ss. ; County of Los Angeles f. ..._ ._.. .• a .. rtt� P. 'Ha ersorlrilh.know n to me, was b� m_ duly sI�•arn, and did de se ltnd sad .that TO p � he..+she reside in the State, of Califamia; that he/she is the duly elected __Sgt1-.axar_y of FAIMION'r INSURANCE COMPANY. the corporation described In and which executed the above instru• mein; that'helshe kna«s the seal of said corporation; that the scat affixed to said'instrument'is'such cor- porate seal,' that it was so affixed by authority of his/her, offic►.' under, the Bylaws of said corpuratuin, and, that hrIF.ie signed his/her name thereto by like authority. Subscribed and sworn to men this 19th day of December 1983 OFF ICIAt SEAL EVELYN C. DENIHAH MOIARY WILIC • CALIFORNIA r11110.0AI, OFrICt; 14 .., LDS I t1Jlus COUNTY MY cc*w uww lariats APRIL 12. Ills -- /itgcw„�t ..Mary Xwic in and for said C1ounty and Statir. CERTIFICATION I. _rAt iCi, _J_.__at_.5rir-n the sis ant _ ecretnry of FAIMM(3lJT INSURANCE CO'M 'ANY. certify that the foregoing roger of attorney and the above Hunted Sections 13. and 14, of Article W of the Byla►vs have not h�•en abridged or rt*t�c Led and are now in full force and effect. Signed and, bled at Burbank, Califotnia. this 4t11 day of March • 19 85- SEA[_ .�.: `�g1�l0 �► s Title. ' cei APR. 10 i0 • �' 'h,�,,CALI F r „ r , , •r r 1 j►PPF"io h6 - +. City: ETA FAIRIV ONT INSURANCE COMPANI V �� AbtQrA6�' 1; sl St r r ' r' r �otsd r+la. sg ` OQI 'fAS� Y w...YAI�.Mr PERFORMANCE BONG Premium: $4030.00 Approved by The American Institute of Architects A.I.A. Dotur»ent No. A•311 February, 1970 Edition t1 �~ KIYOWAl.G AIE11'B}' TIIESk'PRE5F.IYTS, That wr, Kro�fli Construction Co. , inc. (Here insert the name and address ut lebal title of Contractor), 79 Ximeno Avenue Long Beach' CA 90803 as Principal, hercinaf;er eaUed Principal, and F�AIRMONT INSt,it,�l'VC'E CC?�tPAN4',n Cafit�xtiu Cor�x+mtion of Aurbant California, as Surety, hereinafter called Surety. are held and firmly bound unto City of Huntington Beach : (Ilere insert the name and address or icjpl title ul' Owner) - Three hundred thixt fivo ;thous�an�''efSht. hundred. as Obligte, hereinafter tailed O%ner, in the smount of y� ....... .... forcy--three and nd/L00'u,...._.._...:.._..__.�_..�......,.»..�.._....... 1)ullars(L 335,643. ' for the payment whereof Contractor and Surety bind themsschti, their htirs, extaaters, xdmin'istratorls,sucxets 1i,irrd 'r assigns jointly and teverally, f itrnly by these presents. WHEREAS. Contractor hasby written agreement dated X:,rch - , 19 g5entered Into a Contract ._ s with Owner for ,,, Ctty Funded Public Works Contz':�ct for c:on truct»fan r r yunicipal Pier Restaurant 1'. ' r in accordance with ihawings and Speci(i:ations prepared by .` (Herr insert full name and addrau or legal title of Architect) which Oaritiact is by rr:fercnc¢ rsade a part hereof, and is hereinafter referredto as 'thc^�ontrott... �. �RLIG�I TIO)V IS SUM. Thxt, if Contractor tttall promptly and, Al�hfull N�tormRuidCcsntrt 'henOv OF w. ' thf hl1t o f:it y {� g sixil bee null'ond %•oi#l, whetwise it aha11 ttmaln In full:fa'ce and ' effect., I The Surety heteby waives notice of any tlteration or estensian of time made w the Owner, r s (comrinued tin reverse Oje) r ' w.h'•y•.r�w�.•w.M•.ywr.. 4wrr.i+MM, •wrM.Mr'_.►.�M....r..ywrwMlYMrMMM.� �� ,a , - rT F NI011' INSUiU*NCE CUM Y Huff►anki'(allfarnIn r. - Pt�N'EIfi C)3t `t'ITTORNRY K1011' Al:1.,,�1t:.1 N)' Ttit•:lSty !'R1:5�1t'I5e ,, . , .. �' � �• . Thak FA1t rbs�7NT INSURANCE COMPANY, a California .Corporation,? does. hemby, make, Constitute and aPPo1nt,.,:Joh , n :Z. ,Schur.. _ Ras � d E.�'�pPt! . idt;�' Richard K. skopf, Sandra K. Fitt, Oonal • Oougla's`A. Rapp and Richard C. Lloyd of El Monte California as its true lawful Attorney(:) -in -Fact, with full power and authority, for and an behalf of the Com- pony as surety, to execute and deliver and affix the seal of the Compan� thereto, if a seal is requbed,;bainds, undertakinbs,- recookances, consents of surety or other writtert obligations in the nature the't>vof, •as follows: ' 'Any`and all Minds, undertakings, recognizances, consents of f7arety ar other svtritten obligation in the rMtUre thereof. and to bind FAIRMONT INSURANCE COMPANY their eby, and all of the acts of said A[toineMy(syin-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which )Bylaws are row in full force and effect: ARTICLE IV. Section t). ATTORNEYS•1' -FACT ► NM , GE.S..3S. lite thaintun of thr,E'nard, the president, the vke esident. theciiir tnat><riii5 Krr.+ir'titic's+•;rita:i i�11he`ri+r ireiii+nmaya unt attontrys•in-faa ara nts%ith wee +' and authotity, at defined or limited in their resp.,Ytit a you em of att.xIuv, lot and on I.orhalf of the rarMat;nn to tieecutt and delhe:, and attta the seat m the CurFvifatritn theuto, t+t►ndr. untiertakings, rrcegnuinces• consemtt of aunety or other writiot obtiptitimt in the mosjtr ihetirot and anv %+f :-sic: of►crrs may rrou)ve anp such atiptneyft+dact of Agent and revoke the posoer and aulhority gi%vn fit him ex het :. ARTICLE IV, Section' 1.4 AUT110HITY TQ 11IND Anv tend, undettar.ing, tr cynitame consent of t►uwY y or written otAgation in the riaiut�r 1 ,T"irsr=f �►ai) iF sviiaJIKI bta�i►n • u -,n the corpnraliun when �gned isyy tht- thairnun of the lard, the president. the lice president, the thief ItnJ061 tit�� rr, or the +.etrtary of thr c irporallon and duly attested and sealed, if a Ater, is required. by the 4V rrl.fr)• for ass(+cant . trtart , ur shalt tin valid And binding upon the u��soranort when era+( err .H and sealed: a a ►ra! it (nutted, b) it d-Aly authowi—d art mey•in.fsci nr'sgetti, r-um Cant to and within the fire j tit the authority granted top his tar her toot rr of atfornry. This pavver of , ,tor ey is signed and scaled by facsimile under and by the authority of t' lie following Resolu• tion adopted'ay the Board of Directors of FAIRAION T INSURANCE; COMPAW at a nieeting,July called and held on the gird day of (Moix►r, 1983: RESOLVED that the signature `d any ultkrt authotittd Vv the ii}'tatvs. and the seal of the curpotawnt, may be afflted , t!y facsimile to any Fx►wt!t of aiiotney tir spk•ctai ptmr:tot ctrlifKalit►n W either pntin for the te.tmutlan of any bond, undertaken , rrc%%nizarxe consent +,f surety to other ,iott:n tilligahun ut the nature thrretaf; ouch signature and sease l., whetum use , toting hrrrtry adoptrd In thr 6ith►r iton is the e.i�Anil •igriatury ut iuch off rer and the original (rat rr1 the cueparation, tea hr: Aid and hnding iir%vt the cotCuition •.%it% ltrt• sarnr farce and effeei as though manually affixed. IN WITNESS WHEREOF, FAIRR10,147 INSURM,210E CONIf'AVY has caused these presents to be signed by its proper officer and its cogvrate seal to Iv heretinto affixed 01619th day of December, 1983 s�+„f r i w fraee �►�t;asv���,�; y,., FAIRSION•T INSURANCE COMPANY Y gel APR. 10 a• � �'�,.,..Nt '' '� �iRttatUfY "'�•:�,0A L I F+v �''` Tnnna P. Handley Secr'rtary t ►•tflN,tftr+t , N%MV4 (Ovtt) SPA -10 t� ApP1�Q 'A 5 TO ypFiii, Ci.tq lttoxt7gY } ,. G�.L^1� fi�tt{{ M+� 1� isM�!,0�1�.. FA.IRMONT, INSURANCE COMPANY hie:4t6i i c pow me. LABOR =AND i ATER1ALPAYMENT BONC1 Tice p', Premiura;� .• •Included r' • I: Approved by maricsn Im, tituts of Architsttt A.I.A. Downant No. 'A411 Febri sty, 1970 Edition Note: This bond is Issued simultaneously, with a Perfnrrrunce Bond in favor of tht Owner conditioned for ti,'•e full'and faitldul ptrfotnunce of the Contract. KWOWAU.AIENfiYTN&SERRESEN7S, That we, Kropfli',Conatructf.on Co., inc. (ilere insert the name and ad Tess o le ttyy a! Contractor) 79 Yineno Avenue Long Beach, Cfb�U as Principal, hereinafter called Principal, and FAMIONT INSURANCE COMPA:NY.ri CalifoHi s Ccs=pc�cathn 'a! Hurbarik Callfornia, as Surety, hereinafter called Surety, are held and firmly bound unto ' City of Huntington Beach (Here insert the name and address or legal title of Owner) as Obligor, hereinafter e3lied Owner, for the• ►,sc and benefit of Claimants as heteinbelow defined, in tht amount of ; 501100 One hundred sixty—seven thousand nine trtcndred twenty—one and 167,921.50 (Here insert 3 sum rqual tom least cme•lulf of the contract price) for the Payment whereof Principal and Surmy bind themtelws, their heirs, cucuturs, administrators, succeLwtt and is%ipsJointlyand sevrmlly, firmly by thrse presents. W IERMS, Principal h-as by writ it agreement dated March , 19 t35 entr10 into : contract with' 0w' ncr for City Funded 11 bl is War'ks Contract for cons t:ruc t1on of the Ht nicipal Pier. Restaurant in aceord3nct with Drawings and Specifications prepared by (Here insert full name and addces: or legal title rf ArcWlcet) which ccintriet is by rtference made a` part Hereof, and is hereinafter referrvs to as theContracl.' NOh: 711ER&ORE. TUE COYOMON 'OF MIS 0811GATi N JS SUM. Thal if the 11rin'cipal ,chill prcmptly make Payment to all Claimants as ttereinbftet deftrcel, for all labor''and material used or trasurubiy teduitatd for use in the petfonnance of the Contract, Oen this obliption shall be veld, otherwise it 0.a11 remain in ful: force am effect, subjeca,'' however. to the following conditions; I. A Claimant is defined ss one having, a direct Contract with the 11tirciral or with's Subconttaaaot of tht Printipal for tabor, material, or both. used, or reasonably required for use in the pttformsrtce of the Contrset, l,abot and .material acing cjwnstrued to include thet part of wslet. gas, powti, light, hurt, aril, gssolrne, t,rleplwite service or rcraAl of eauiprr!tns dirtctlyapptkablr ttatl�eCo••�ir�tct. ti ttarttinued on rrvxrsc Wei �.w�—++..�.r• � .- rA.f 7 ,wa.Vr.. �..w :N� r..... • ...,. r.. � ... ♦..y�.a wv',.rrr4�+for /.��+ ..�rw+.r�..+�.- ..f_r�w+.w.'+v. �•srr�_....aww..�-.�.�� F■ t f 1 ' -'. tser'thit eve .• Ciaimant.si m / Z. The ':bava named • Prtrrci {and Surer .herd sintl and urct:lly agr ry. lx ce wrth.the.Ow here' j y Y k y _ . �. , :. r iiefincd,:wtta has not ban aW In full before the:ex iratton of a pert ninety 90)'dSys after he date on wlikh ►lie A la lx Y '=I last of such CIA Mani's wark'or labor was done., fin pet arm ot. materials wero fiernuitcd by wc}► Chirr>art. "my ,wee on this bond. ►.he use ;of: such Claimant, prosecute: the'suifto final judgment for such sum or sums as miybe'jusl;y Jut ,. . • Claimant, and' have: execution thereon. The Oianershall not be liable for the payment or any costs or expenses of any such t, suit.-,+ , 3'. Nasuit or ac inn snail be corrtmenctd hereunder by any Claimant, t `. a) Unless Cl�trritint,'atticr to n arc hiyi fig a' ditect`Contract with'tile Principal, shall rive givcit written' notice' to any Y ( ) Y ,. two of the 'following -.The Principal, the Oarrtet, or the Surct above twrnrd,�wlthin; Nnet � 90 s Met sirtunt • � the nwteriili for which said tlaiirtt is made; salting did'or perforinrd tl a last of the work or labor, at furnished he fait of is Ma ', party to whom the true s were fu d, or for with substantial accuracy the amount claimed and the tome of the eral , whom ;rise ,work or labor was o pc S• gistered trait of. ` r performed. Such notice shall be served by mailin the sanw.by registered certified mail, postage prepaid, in in envelope addressed to the Principal, Owner or Surely, at any place where an office is regularly maintained for .. the trrnsaction of business, or served in any manner in which legal pructss may be served in the '1 Wit in which the aforesaid project is located, save that such service need not be trade by 2 public officer. b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however', that if any limitation embodied in this bard is prohibited by any law controlling the`conri►uction hereof such limitation shall be deemed to be amended so ai to be equal to-ti c minimum period of limitation permitted by such law. c) Other than in a state court ofcompetent jurksdiction in and for the County or other political subdivision of the state in which the Project, or any part thereof, is situated, ur in the United Staten Di3trlCt Coutt for ,1t disttict'inwhich the Ptoject, or any part thereof, is situated, and not elsewhere. ' 4. The amount of this bond shall be reduced by and to the extent of any payment or payments mode in good faith;. lieteunder, inclusive of the payrnent by Surety of nwchanics' liens which nuy be filed of record against said intprow,.' trent; whether or not claim for the amount of such lien be presented under and against this bond. ` Signed and sealed this 4th y day of Harch ; 19 :•. kropf onst:ructioit;Cc, ,, noScal), finch 1 17 J` Witness r .. Title . FAIRMONT iNSURANCE COMPANY By John Z ._.S.ch id t ` 4/ Attorncy-in•Fact and to bind FAIRMONT INSURANCE: COMPANY thereby, and gall of the acts of said Attomey(s)-kvFact, pursuant to these presents, are het-+y ratified and confirmed. This appointment is made under and by authority of the follo%%ing Hy�laws of the Cempai y, which Bylaws are now in full force and effect: ARTICLE W,'SrOon 13 ATTOIt1F)S•1N•FACT AND aGEN'M The chairman of thetx%ird, the preoiderd,*the vice' president, the i tteT ti nanaaTutfrc�:, at F�ic'+e iTi'ten i�7'iFtie cnrpu►aiai�7t coal apF�int atlomUhs•in•tacl dragents M13h p+�wrr and authority, as defined or lrrr+tt+td in their rc spr%tit a pimvots of ittornev, for and on Nhalf of the cuspanation to executor and deliver. and Affi% the seal of the Cvrp%+ralivn lhrsrtts, hinds, undrttakings trrognitances. consents of survt)• or other written uMtgatsnns in the nature thereof and .cnc of kao.i olxeta mai' remre any such attorney-irrfbrt or agent and revoke .he put%et and authority gi%en to him of her ARTICLE IV. S,ocction N. AU71 10RIT)'70 tlINM. Any h+tid, undertaking. r"%)pirance• consent, of su-Myof ivritten c>.hiigation in the "ttiatufe`ihRicK►T.haTI Fig salM'Aiid HMI a[* 'n the curpc�ratwm when sifirttd b •the chairman of the board, thepresident, the +err president, the chief ftnanctltljl net, or the snn•tar)• cif the 6rperrr�ion'and duly attested and sealed. ii a walk retiuired, by the uvrrt,sry or ascos.tant v`crrf ary, ar t<hatl be vaLd and binding upon the cotporation whoa dulv etwtuted and sealed. it a sral is tr+�uitt-J, tty a t!uly authowed attornrr•in•fut or agent, pursuara to and within the limits of the autlm)rsiy granted t�v tstc or het rov rr of attotnry. 1'his power of attorney is signc� and sral�rti by facsimile under and by the authority of the following; P'e.wlu lion adopted by this Board of Eairtvtors of FAIRMOt'T iN5UEZANCE COMPANY at.a rne�etin' duly"called and held on the Ord day of October, 1983; RESOLVED that the, s,ignatuiv c4 any officer authuroid t?v the Ovb%+s, and the scat of the tiltyttratiun• tnar t+r affited by facsimile to any, fit+sty of attorney of spirt-t11 p n%er (if ,�ttrrticy or cvnificatiort of either gf►vn for the itecution of any tvmd, undcrtwi.tn , rrcognuan. a tune. nt of mirviv tit t tht�r w rittrn ttlti'it;auun in tha rtature thereof; such signature and seal, %lion so usN, bring, hereby adopted by the 6rlraraittin x� the congntal signature of such officer and the origfnal seal of the cttrFx»ation, to tv vaN! and btndmF; up<rn the ratfaitation with the name force and effett as though Manually affixed, IN WITNESS WHEREOF, FAIR. ENSLRANCE COIMPANN' h;u cauxd these proussents to be s1'itid by its proper officer and its ta"mite seal to 1v hereunlo afft\ed thisl9th day of December, 198;3 sts,.+rua.r►nu UR�l�r`'•''•. FAIRMONT INSURANCE COMPANY 1*41 = ° ey hPA.'10 / �~ 19 ••,, SAL I +`Tanna P, f-landlcy, Secrttnrti '�lr.grnsstttf�� �t Itr� if U s (fvlr) PA - t0 Y ? (t I l Y '~ ` •3 _ t � ,)' ' 'YI , 1 ��•Y '3 S'` ) jl,_'! 1 it !l ' rb� K p Pars+i � t ''�t,� otiluwunttuat�iich C�ltTl�ic�1TE oi� aMs><�i�tAltrcr• _ f env • '"�� f { TO" ,ti Hen: Mace r r : _ ry p ' . .; C1T;Y'OF. Mt�N71N�4iTCIM IIsEA,CM ��ALIixORMiiA `�•s ! { vnliat06t h, t'.A 93b#A u A 11 M I MAL Willi"ATi4w ' r 3 t � .' �', 1 r,) 1 '', '.� 'r^ 1 :V,l�%" j '} 1, t° •, '' '�i `'- TM't h'tro �aAi!�r tl�t slro `ii r+'o� i i r«i a ew t tbod oopw ha" 10 0" � tlo R ►� ti>da+rw irir.`d+� `WIN,�iywd wni Ka i�r i�a�r, We 11". i� thAA, jpi rM� rt f�R�Ir�M )iaq twde E Nuena+rr litlrt ate I�^ &:. i�iMN, llrA r 1i tt . } ` ` %ifs 10,*0111oe *40— ITINAt mvti i, nMN� is City' ot) i -l+,' .0 ��r711, !i 'rtiMe�� ice. 1Wilae�l+i fili+�t �� { p,, ft DATED`1{Y' 1AN At3THIDI 1ZZEEfa f�IT110V OF YM� NIi�JAA�hCE Ct�MPA�:Y ANQ AAI Y"DELETION'Oft"Ci"at'101 THIS ii�lll Ilg �iQKE Nr E ATTORNEY, t� i� H`. fit 'ZJ. - �' i1 e.l., � )� � � t�J• N4MViOf ini+id ��,y�� J.g XMNo' AVENy ;LONG ^BEACH : CA' 90803a ' ' La atior at wale a>'t f7pa>reti�+t tao be f HU N 1» C X PAL, P:I E iI RESTAURANT ; ii U N 'tIKLTf1N BEACK j,. Mi1Iti 11 0t wAfk Ot� ► RLUIrl .., i E Iowa L 1'itgaRwwM 1401M E O .t0OtlClt"sfi IN FOACE .N'1ciCY ^ NO. L,1T'1 ANY aENiR.+►�u�►�Ilt.lt'Y . +GLW 3b 9110 84 9/1.0/85" WEST: AHERICAN I COWFIEHENSiVE FORM 'LNSUROCE).CUHPa ifY , t ,.. C PREMISES-OF.;'3ATIONS O Each aWtnaL ; ti O EXPLOSION'ANO COLtA!•SE HAZARD tM (1 UNDERGROUND , HAZARD ,. - ,> ) IX .. PRODUCTS COMPLETED f CFERATIONS HAZARD 1 (X CONTRACTUAL INSURANCE (X BROAD FORM PROPEF(YY DAMAGE INDEPENDENT CONTRACTORS (� PERStUNAI. (NlhRY. . •). ; . AUTOM MILE LIAB111: if 1 cow-REHENSIVE FORM GL,W 36 3 9/10/84 9I10/ 85, WCST,, AMER CAt . , , 3. w( 23 >< r0f� LT:SURANC& � OMPA yE&C* tawWW" (X HInED ( NON•CWNED. EXCItS LIABILITY i i 1 UMBRELLA FO"M Lr L) OrNER THAN s • UMORELL.A FORM M PKERVCOWEWJr3TlON t EMrL.OYERS' L,IABIUTY gar wa�auroM+rwwrdti+� 'Additional Inrured Endomerttant: Ira imucer egrets that the City of Hunti.-+pton Beach and its CityCourcii. and/or all City Countii appointed gtot*s, cotnr;m cIt3. commhsi6hi, boards and any other City Council appointed body, tnd,or elective and aupotntivs officer1, servants of +fmplaym of the:' City of Huntington Starch, vrhen acting as such are 4dditioral inturscis hereunder, :or the: tcts of the Imured, nrtl s: ,th Insurancir shall.. be primary to any insurance of the City of Huntington E4&0i, as their intr_vst may appear, cos ,, ttC'11 t, . 19t~ 5 AUTHORIZED nEPREStHThTIVt OF INSURANCI COWANY INSURANCEC00PANY WEST AMERICAN INS, Cl • R09SK0PF . RAPP a S00110T INSlJA NE:V ., �.-�EH 'RT r::..o Box! 760 (845 SL CF.riTRU�� w...�J." CA ,• 91770 SOl1Tli PASAi? • ,, City I'll 2a3will?fi aorr�ss+ex�bue�ers�sr.are�w�r+�s��e�r..rµ.,twnwa.s+.r.+.�.�wsr�uwm►w•nrrrrrw�rM�ss�+s�+.+N:.�,www+rvo��sa+� � ,Y tt HOLD HARMLESS AGACEWtENT Yht insured ' \'Jn... = =- M wts to ptrotactt dsfaMo be �dara iMfy, *tod by ew,d} and ttOd hoarmlol thl Cit . y ass HsintSngtun liar lees offit�, egrets, and trrtiprft+�►+tat agrinst afty iiarbitity, !ost, JAIMP, pm,`sx,ex�nk by maton of army and call fiahility, ai jt,- calms. d► "rode, Jutf�ttssnts end crsot of action ewer! by inwrsd. hie emMorms, s"b to any %vbcalimetot or by sny third p+ tty ofi ja but of of in r.+nn t at thra pectorm�tca Of git.d: cry Qpecaryt w. setiwhy,for which this tsrtifiearta of !ou saaie4 h ftimishod, t fj '(1) Solt f�'tnpriotatsbip tZI PaNi '� , i3 �t Kfrt+++il othss.4t4t41 t i !lofts lfARM/YE>NS StRNEb: fly tnw•wl: � R`' clef* 1,.1�,��1S.�:'x�,...:..,.�...,..�............r. l All narw� 0*0 btr printxf ar hood 60k t" h ti5revturs.l !!y Inpsr "c��ut" .. ft ...... �::.. ...t...( .. f1 C+wMan>lltrr. Tema of{ksn rrwt * r+, er sYrwil mids"49 d aatl•a+imlom a, Wed #;WPaMa"j. P.O.STATR BOX 907, SAN FRPNCISCO.' CALIFORNIA 9410 ;,Cf;AWIrtNlATION ,�' �4 INSUPt^PACt F:U.ND ` �CERT1 ' FtCATE Ur WOAKEHS' COMpENSA7{AN INSURANCE March 6, 1985 POLICY Nu�+gt A: 44-84 9450! CERTIFICATE EXPIRES: qi y of: a nringtan fit-ach i or, -?public V brks i 2000 Main Street Huntington reach, CA 92648 l_ r This it to certify that we have issued a valid Workers' Compensit►on insurance policy in a farm approved by the California i Insurance Commissioner to the employer named beluw for :he policy periad indicated. Th;s polity is not subject to cancellation by the Fund excep! upon ten days' advance Yiritten notice to t1►e employer. 9 `1 We will also g-•re you TEN days' advance notice should this policy be cancrlied prior to its norru't expratiun, i ':This certificate of insurance is not an intwarxe panty and floes not amend. extend or alter tht coveta'forded by the polides listed herein. Notwithstanding any requ+remvit, ttrm, or condition of any connact or whir document with l� resp3et.to which thit certificate of insurance may be issued or may pettain, ttte,irnurance offorddd by the policirt t described herein is subiert to all the arms, exclusions and conditions of such policies. : Z061�� �1 (fit -IM?LOYER pry kj ti ,� rin 1, - h 1 �, n'" 1 it ^'1r •• 1 :. i s � 6 ;�iN't'�R•dEi�'A►RTMENT +1 MIUNICA'r74M' '4' Y«G �9Y i+r't,w •�� ; ti,.'g.. �, s. �:i., i1+'��� 'tl 4' f�;.sts `�.� t' C �t t+ � • 1. ' L�} ° 4.},�,fr' �i- 57 ':�.� �..,� _ tit - 1 .w��,�. i' it S. �.' � /''., •} r.-�r-�• ' , . C •./ - -,.� �!'1 ..k'�.� � �. �i.�•�,,./ iJ'tr:lt' W 1 J �y • , t a •t. .• TA"'Chief FnoraINIXI -ACCOUN'1'l d pit itEC ORIA r Y A't triAlweService l ri`nnent a a'tIS e MEQ (t The conformed copy of the Notice of Cotnpletion for t-ne above contract 'teas been OWL The tWty-five day wafting period has elapsed, ' ps ment�: of the 10% poyment is recommended so lc� as no stop. no y retention tires: ar outatand!ng invoices are on file with cite City an '1',YRIellat Wrector e: inance I certxf stop notices are on file the subject contract at this time. y that nc op me. r �I .2. -�• � flute. aul Oook,, Direetor. 1 } Public Works Department et.II , I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. � 4k ;�. 1�/tOi w i •'.l J �r - M r en Worthi city,wt L� Uy �ttwit 'the: are no outitmWing invoices on f ile. ,chi r2r t,- �. ri i' , tr t, :L � ,. :. ..�... • r (' �, 'Vr I.i�+ � K 'rl yi •1.1"e w+iF;l .�� + "V+ i.��l •�� t+, rat ' r. t,�d+y :r rry. 1 1 r i Y { :yi �S K� ,Wj3 1 f (,N r.%h lid r�r3VY`��f Y. 1t R,t� 1�, •�_., '' +' Y�tl.1�t. �+ C i . e,; IyS•�I�S�..tri�rS lr;� �,t. Y�,.1.1'r�jt r•�'►t'..t'F't i t14 � �� •' '�t '• t�. Ja7 '�i` i ihti °'„ ` ,i�� (t, .-}) .ti +'ter i. ,'ry.!!•1 .1' .���� !'(� } ti' 'its-i.� Sr. � ) i ,,' � +l �iti.,.1A y�^L; +' i[� „{�y�, ti.. i �y A _ 1, 1. P `5.��. [ •/:'�•• l., r rV, LIP CIO Yr. City of Huntington Be V,P artin t- of Public Work - ,r , P.A. aoX'190,: 'Hunting toin beach, CalYforn'ia . 9264$ Attention: Subject: Certification of Compliance with: Title VII , of . the Civil 'Rights Act and Equal Employment.Cpportunity Act of 1972 Gentlemen: The undersigned, contractor. on CC-665 Municipal Pier Restaurant Fro3ecE No. VIEle hereby'certifies that all `laborers,, mechanics, ;apprentices, trainees, 1.W watchmen and guards employed by him or by Any subcontractor. perforcn =' ing work under ','the contract, on the project have: ,been paid wages at rates not. less than those required by the contract, provisions,, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or, training program provisions a plica le to t wage rate paid. Signature ar ;PrBRldent Yd Title � 4 e Krb l i %.. ' J . Y OF HUNTINGTON'., BEACH.. 2000 MAIN' STREET : CALIFORNIA 92M 'd ;PouI E. Coak Public Works EkOr n'wt ;. Alr for ,,. ; (714) 536-5431K. I rebruary 19, 1986 .,Mr. Walt Kropfli - Kropfli Construction Company, Tnc. ti 79 Ximeno Avenue Long Beach, CA 90803 Subject: Municipal Pier Restaurant and Police Heliport Facility I Dear. Walt: Please be advised that the City cannot release your retention funds for the Pier or Heliport projects until,we are,in receipt of accept- able guarantee/warranty bonds. The attached guarantee bond for•the. I, Heliport project is not acceptable because the coverage is limited ' to $36, 265. 60. Please note the contract documents require thu' t the contractor furnish a one year guarantee bona in'the amount ot.1n0% of the contract price. The final contract prices are as follows: Project Final Amount Police Heliport Facility $428, 282 : 00 Municipal Pier Restaurant $423,958.00 r - , Should y ou have any questions or concerns regarding the bonding re- quirementst please contact Don Noble of the office. Very truly yo.,irs Les Evans 'Cit, ' Engineer. LE:DN:dw ccZtty Tate -- City Clerk's Office .{ Wayne Lee - Accounting Office Don Noble CC- 598 . "Gen. Corresp." CC -- 665 "Gen. Correbp I YA WHEN ..RECORDED. MAIL40: r , cc - go ' if, Yy4 S r�r1 tt d. �w� IN CFVW2AL CI'N C `HbNTiNGTW SEAGti of o�+wUE +w ►�#r ,C�+t eiAwl'. � Office. of the Cit)i: C c ' x I P.`o: Box:10o 'E"M PT r r y may/ _ /.�� r ('� j FIN malo, fjo:.h. C1bt:' 9� }� f 7 'NOTICE' V C LETIOk yr/ - : NOTICE 'IS' NEREBY ` GIVEN- that, the carit-raci- hec•etofore awarded . by the' City cunt a . r . the City, of Huntington Beach, Cal i for' nia ;to . KROPFi.I CONSTRUC'i ION COf�iPAh1Y. INC i - a9 kimena _Avenue. Loran 6el1. CA �IIi. .w g following g work to -wit: Oho was '.the companythereon for loin 'the follow y construction of a restaurant facility atop the munici al ier, 'Project' CC•665, in the City of Huntington peach, CA. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Deach at a regular meeting thereof held on October 21, 1985 That upon said contract the FAIRMONT INSURANCE CWPAWY ,was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 2 day of tictober 1g�, 7 �R ty er . and ex'-o c o: er of the City Counci i of ' the Ci ty of Huntington Beach, California STATE OF CALIFORNIA } County of Orange,; } ss: Cary cif Huntington Beach) ,i, ALICIA M. WENTWORTHI, the duly elected and qualified City Clerk and ex•officia Clerk of the City Council of the City of Huntington Beach, California do hereby ` certify under penalty of ° penury, that the foregoing MOTICE OF COMPLETION is true; and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to.be .recorded in the Office of the County Recorder of Orange County by said City Council. Dated' at Hunt'in9ton Beach, California, this ay of October 19855 Ibis 'daauart. is noibly for the t.•�'"` '' arlia�albusinra� of the City �� of tin!tan, lencr,,.es conker--w*e xetrd tusdat' tlovsr�;a�nfl�', Cady ty � er and ex•o c� SOO. 8103 NO .a.�_ auld�14 ,ricardna' or,the' City Council ;of ttre.Ci ,Y t. of Huntington.Beal.h. California rr�rrr�rrrr rtrwn Charles To �p� � rorn Paul E. Gvc�t City Mdniactrator Dire -tor of pLhlic hoary:$ SUW#Ct ftnicipal Pier Tentaurant Date Febrwuv 22, 1985 Ch Februuv 4, 1985, bids for the Municipal Pier Hestaurwt wam receiw-i aria cad, The resultz amas follans F Omt.taot 22 pletirst Time: 180 Rays 't Omtract Itws Bid A-,n=t Contxactur 1. To"..al Project S335, 843 t rcra.11 Canstructicn 2. Project. less $326,843 Frcpfl.i c=nt-ruct.ia l sFari. kler system only ($90000 sa-Arti.5) 3. Project less $318,000 kni.ran �t str icx: I line an1v ($17, 94 3 swinc:s ) 4. Project less S312, 0'� Azti ran Cmst--. •t i,,Ti sprinkler system b gaz Line (523,843 savirna) Onntrarct t kn. leticn Tires: 150 21ya Cxntract Items aid 1(%,MXrtt CgntpcWx r 1:. Total Project S343, ODD Arr ran C%wtn=icn 2. Proje+ct less 533; ,t?fl0 Ariran Owstruct.icn spri.x*ler systcn. only (66,000 savimzs) 3. Project Less $318, GOO Co,atxvct Cn gas lire Only t S25 , G00 s ti^gin^ } 4. Project less $317, Q00 Amtran cbnatxu,•�U, sprinkler s cm.� 1im ($31.Q00 sa,Ytiin4s) mntrect C ioticn : isre : 120 r1wa Contract Item Did kn=t Ocritsactors 1. 'Fbtal Project $355, nU0 F.T.R. intexrkat`.�ir{=,yr1 2. Project leas $30,000 h.-Nixon ems ,icn sprinkler stystm oniv ($6,OOD saLlxtgs ) 3. Project less 5330, 000 Andran O" txvct ion gas lix19 rniv (S.23,000 ravings) �...�' 4. 1),x ct lens $324.00 21'4arant Oau tmc Am , �1 $p xrx srfstm6 cas lAne- 03L OO savirm' Muczic�pa1 Pier Pastaurant f1 iri ry 22, 19B5 PaW 7 4, After a thmnough review aryl analysis of these bids, staff res t1at Council: .. 1. . - Awi d a. 180 day contract to Krcon! canstruct�',.cn, xncl uj ng the f f re sprinkler, systar. and gas lines or 2. Pi aid a 1.20 day contract to Amiran Canatructitn, including the ffzs sgarinklex S;Ystm and gas line. ....alysis= L Financial f act: It is unlikely that the diffe,verxM o: s19,1.57.00, in oast between the 180 day " 120. Clay contract oculd be offset by sut ar restaurant revenues. Assmmdng =%struction started !• n h 1, 198S, the 1.20 day project could not, be arpleted until June 28, 1985. Egon lne- tion, the lessee would st..11 have to install his ecra.ipc=t and fixtures. Mist most likely, %%xvAd sequi a an Witicnal 30 days; Orxeby trsaki.ng any orening irpossi.ble until t: a first of Est:. 2. *Sateaa2. &- Car sexucricn Dslays : The 120 day sxrplutiors schM% 1e does not allcw any time or wFarrial or omstn cticn delays. CkrA rusly, sr &, delays are a possibility. 11r 180 day contract Tact inclules sufficient. tive for ca.4ra delm-s. 3. Fire so ini:ler ". tmn ar4 res Line: Although t k%- fixe sprinkler System and gag 1j1v were bid an ..NEU ce altexnat es, neither Mhould tee 6elet ed frcrn the contract. The ihifo= Buldtng Cale, as ad pted by. City Come-ile 19rmr3fi.cilly re- �} quims sprinkler system in V&Iic assmrL-ly occu{ ies, abcrvL- tbo first f2oar %4= that oocviancy it; used for drip) ixrg and/or +d3 %Wg kith &'I oom*anty load of 5+0 or, ticz parsons. ("ale `xinting 3" wader ser%4cc was r no+: designed to aaca.r.cdate a fire zprinkle r sy' sb=. Ham %er, it: will deliver adegvatc �nWr ro put out 90% of the fixes which might, , zu well as :act as a life saving sysb=. The cast to install a new rater mart t1im- ?erxrth of the pier probably exoe-.d S100,000.00. Thd City my elect to install a tar6t and boaster pulp v(stecn to irprove th O'Iw artid pressure frcrn the existing line . ) At present,: the cvdd;inq facilities plartned far this restaurantam gas cperah'ad. Deletion of tvv cis Brae would ;jvssult in rrajor jtxxlific�ti.crts bo. prtvki.tc limn irprove 7entz and a lect` ical aamn s (i.e., ra#.ing facf 1itie s wauld probably zee ert to electrical , thereby necessitating a redesi ' of kites p-n td gs� eq' Sreht el6ctzica;t servivo ) Cmtractar duali_irIitians !y' Each of the low Wejaro subxutittxd s atere:nts of qual. fi.catfan ''Staff ch,w2ra validated by City Uta£f. 711e fallcurixig is a bri.ef outl#m of 'Staff Undhsgs: FXropf U. Cmstcuctieai -7tn'Ccapany is, low txxl . In Lang Beach and begs teen In In 1984, the nice $500 ` O y. , in caogrist:avic eon.. In, vin avermp year '.tht*, . do alxmt $1; 000, 000:00. lic it pr jocts which they l�s� acs�Lished � i�nekikk r Oreeking their refemmes., ataf fmv-4 thi; previous clients,wrM mcity ratIsfied with their work and --mord N-Mra.•a nidhly. ,�,� l'rR' 1,�tiernatirnal - 7h cazpany is l.catne. in Marlm wl Ray, wd hvs 'cnly hvn IF ass a er mmths. 'ley thaw no raTleted pmje is at ,this tfr.�, al-- thmigh thev hxm two , ►� mt: to begin. Rafmv=rs !or the pri=4ul.s a! t.�.r firm were c l.le::t. Nara of the bidden h► ve any ex;ierlomcm, In a bull-dizi at thr.. emi of an 1800 fact pier. �JCITY unr�rrrr-rr B►H .: � ., �rwrrla.��/A �IIA�YA �1�Irrrr•I�r.�- 2000 MAIN STREET CALIFORNIA 92648 Deceznbe� 9, 1.9f15 L 1 0Aiu1 E. Cook WcxksJO�t Director ; 01 4) M5431 i4r... Pate Kropfli li CObstruction Company 79 Ximeno.:Avunue Long Beach, CA 90803 Subject: Project "Stop Notices'" � 4 1 Dear Mr. Kropf'li: In accordance .with our prior Con+�ersatit711 r99Art In the release,of"Stop. Notices -.filed for the Restaurant and,Heliport Projects, l , have enclosed an acceptable sa MP leletter..which would �►uthori�: the city to make direct payments to i�altexa Wholegale Electric Company. If your ,agreeable to resolving the "Stop. ,Notices" this way, please submit a letter of authorization. Very truly yours, Ur Don Noble, Contract Administrator DR" t : lw CC** Betty Tate -- City Clerk's Office Wayne Lee Accounting Jack N11ler - Public Works CC File 598 665 "Gen. Corresp" •a1A.8U.1w4rw iMI„OJ1Y •A 4ii VI�.w Av 4•��,.. M 11�I��rQ p►..Y ill\�+Av�e.Yo; /`rru mi y ,;1lnd .all .,loss or ` i6jury which Z niay incur as,: a` result ,.of. this aus�.q nt including any, wrong ul ;'or `negligent gent; b cit ' to a subcontractor., or a -fail trey ,to pay F, Yt , Y Y -an 'such subcontractor. ; "Subcontractor" as un6d herein mea►ris material roan, supplier, artisan or any other p+eri on furnishing services, goods, labor or materials. Alpha, Construction "arvny Jonas pres ent Trnas�rer d,llen ,5n t i,V3Ze N FT�F criC, c. i Encl.'. L ir.hibl t. 'hJ, • � ..� '•, � j <, �� ,' ri F . DEFERRED ITEMS F-1. LAND USE ELEMENT- AMENDMENT 85-• 1 use E ementXmencrnent No. 853-1 i5 a requs t 13y ttie Huntinnton, Heach Company to change the land usd de ign•;t ion on 26 acres from Gene: at Indust -'al, Prof•tssionas and Real Estate gesi'dential to ?Iantled Community. The study area is known as the Holly ?ropertj i and is located betraee"11 F..ilis Avenan, the Southern ;':aciftc Right -of -Way, Garfield-eenue, Er:101st Avenue and Goldenwest: Stre+it. A pUhiiC I- my on LUE 85=I, and EIR 84-1 a-; r,eId and ' closed an 6f 17f85 at vnlcn time EIR 14-1 ua►s and dec iz ion on L.UE 85-1 was continued by the City Council.. -to I� October -1, 1985 to allow an Ad ticc CommI t tee to study eccnomiz feasibility of indu trial development on tze � Property. � ;q 1 T n e .Department of DeveIopmeint -5erviwes. raco' rrxenas that : he City Courc i l c►�n t xnue LUE: 8 5' 1 to the . 11/1a-'85 meeting so th sta:f c` n r coi-,.,e knput fran the Huntington IIgacn Company and _ne jKokiy • Property Council and N,antiinq Corinisdion,Committee' for a reco;amenoatLon on sssues, and boundaries. • t rtir Ii MUNICIPAL -PIR RESTAURANT ' - CC- S � ( D FRC.M C0Wr--WIL-*Jt ion froia the t!PW rola t ive thv Municiv;1i Pier Restaurant crar.atc"ctN'.,-,, RA: ' Acc-ept the coMplet-ed pco,ject, author izze the- Caty i Clerk to file a Notice oc tanpl,et ion and aparave; ' an � appropr ist ion of $10$1000 from the unappropc iated i ..genelr.at Land 4alance to corer the costs oC construct i oi'), cont tngonc ieo . r: INTER -DEPARTMENT COMMUNICATION 4SiGS S* 40 rOwe To From , T Ch,irles mhompapr� P•-�u1 Coo3; Subi mi Pie, Cafe Construction Hate Oct_ 16, 1S'85 Shortly aster the h1unieipal Pier was damaged it, the. March 1, 1983 < storm., the Council moved to begin repairs. Since time was of tho essence, the Council began authorizing expenditure as early as the March 7, 1983 meeting. A structural survey and demolition of the damaged cafe was approved. Both were completed In April at a cost of S21, 24 3.00 for the deml f tio'n and $6 , 232.00 for the study. The Council authorized the preraration of plans ar4 specifications for pier repair at their May 6, 1983 meeting and on June 6, 1983 awarded a contract for repair of $766, 700 Thase coscs were all reported to the Council at their June E, 1983 meeting. rn August, 1983, the Council selected tin architect to design a new pier cafe. Eight months lister, very little proqress had been nude. In March, 1984, work on the pier was suspended pe-ndi ng deciBiona on' the structural integrity of the pier to support a tuo story : care and the addition of a boat ramp. They problem was reAorted to the Council at their March 19, 1904 meeting. On March 22, 1905, the State Coastal Conservancy offered the city a $1 0,000 loan fc►r pier reconstruction, The loan was bared on the following estimates of cost: Pier. Structure $3500600 Boat Ramp i'.5,000 Utilities 550000 Cafe 270,ODR The Council. reviewe-0 the cost figures and approved the agreement with the Coastal Conservancy on t-lay 21. 1984. Un August 20, 1984, the Council uao ndv3.b<,_d that the lost, of rein- forcing the pier to acc;oms:wdate the: ,nzwr cafe would be considerably more thar'':orginally estimated. ^he Council . chose . to centAnue with:: fife protect and approved a contract whic,h.'''brought the total. obl.iqate' . funds up to S7 d,00(}, The cafe:and Utility improvemrnt:s wer,e`sC$,11: under .'dersign. rt Un F f: et her 13,! 198 4 the Council approved anath�r ' $ 30 0 Orb Eras the a, 'a nce of a;,bpeciialized .waterfront consultant to rovldn innpec- lion serwacea ►durI'nq piledarivisigoei r :r i ,� r Memo, to Charles Thomosan Pier "Cafe Construction 1• 1 October 16, 1985 Page 2 On December 17, 1984, plans and specifications for the cafe were approved by the Council. The Council was advised that of' the $776,810 available for pier and cafe reconstruction, S'705,000 had already been spent. The cost of the new cafe, including utilities was ,st:3roate:�d at $310,000. The Council deciaed to coiD ntinue wi*-h t:no project and apply for an additional loan from the CoastalConservancy. The Mayor ,also appointed a ...watchdog" committee to oversee the pier construction. Councilman Mandic was appointed Chairman of the committee and Mayon ,bailey and Councilman McAllister were me -Piers. On February 25, . 19a5, the City Council awarded a. contract to Kropfli Construction for construction of -the cafe. The GounciX was advised that sufficient funds should be obligated to cover the 'contract amount plus construction contingencies of 152. The Council was also advised of funds prev. nusly spent and funds available For 'the project. No conting' ency funds were authorized. On May 210 19850 the City Council approved ran .additional Coastf-11 Conservancy loan. The project {undi ng was based on the some co;nt pxo,ections presented to the City Council. on December 17, 1984 During construction, approximately $108,000 in extra work was r authorized by the City Engineer. - Although the amount is unusually '��►" high, the project was also an unusual one.. During the cons'truci tion period, the cafe leasee requested seeveral changes in the design . which he agreed to ray ,for. The <r4rer of Neptune's Locker'asked ; �f6r., gas service which was approved through the Community. Services., bepart ne*nt. Theae two change orders amounted to about $25 000 and will be reimbursed by the leasees. ,The other Major change was t a result of a misunde :-standing betwuQn . our olac:tr. ical engineering consultant and the Edison Company, They Edison Company insisted on addit'ionsi pe-rlr to the now cafe. The cost of the service was $50, Z38 . ' When the', mission was discovered, we were committed to the project. t t The City will receive `a $12, 800 Credit from tho contractor for this change order resulting in a net cost of $37,338. n ' sui�rary, the total cos t of change orders was $101, 8 78 , 4Q see attached list of change orders) . Of this amount, $371'328` 89 ,; Ali : " Ze 'reiniburQed by the lease+e or cr+edit*d by the contractor Z+ t3uitit3g in a,. retr:. cost of $64, 549.51. Subtracting the' net cosh of, Changa • wer, ,."he xer�ain3n �. chase, a ,oz� Co:ataany's r,egufre�ient ;fo�r additionssl :order: I'1'3 which wasthe. Et1f5 po g 66rders;'coax t 271•21.0 : d4 ' which':s, only d8 cif: th�� 'cantrr_t; ax4o�unt:. ii •t t. e I 't Memo to,•Charles :'Thomvson :' 1 Pier:Cafe Conutruciti6 � "October" • 16 198 5 Page 3 As, the project proceeded, the Council was kept advfaed,. of schedule'..' J P . P and costs. The regular written report.3' wero provided to the . Council,, �y the City Adinin:istrator's secretary. These status reports are attached as well as other backup data on the project. Pnc : tE : lw . Attach. ,` rA lit 't t + t t S • r 1 �i,' t T ( • A. i ,T, 1 1 ,1 ;i ;' `,• ail 'x: I 1 til- •t I 1 I • Md QW3GE .O r.. i�CRIPT10N OF CHANCEFOR CHI C�O�': {3iA i Extension of contract tine from September Rain on March 18, 1985 pre- 6, 1985 to Septe C+x `1, 1985 cludad turd construction act. M cost 2 Rxtamion of contract time from Sept. Rain on March 27, 1985 and 7, 1955 to Sept. S, 1985 high winds on Mar. 28, 1985' r,. 3 Incra=a thickness of first floor foundation slab from b 1/2" to 9 iirrhes 4 4hwige for first floor rigid steel cam frame from a W-IBA6 to a W-14-69 InsW-I - complete gas fo: the galley & captain's lock..er facilit% 6 Install electrical control system and panel for future fire control :mnitoring system 7 Iratall steel telephone cabinet in electrical pal roam for gery-xal teleittane equip rent 8 Install steel bracing for joists su. parting the soaond floor precluded any const. activities Cost ILbe existing depression for the concrete fourrlation exa-eeded 6 1./2 inches a 2, 000.00 structural rn3i-neer recr?cu- laced steel bewn frame require- ments upon receipt of shop drawings and incsroasod size 461.00 PaTmsted by Dept. of Omnn. 9V3. (Note: LcNISeholdec oi` facilities to share oast) 4,900.00 City will ultirmtely monioor fire protection system via the Police Dept. aommication facili des 2,836.00 Uniform Bi:Lildi:g Code rcguires the ins tall ation of a steel cabin enclosvre %ten telephone arr} Edison facilities are directly adjacent in sa panel rom 700.00 structural engineer for city building Dept. reLTamted that bring : be irstalled to ellmimte any posai.bility of n3ri2ontal joist novanant 300.00 Original locations of electrical pate. ;sots and dumb .ter 'shaf t did not - p*wide sufficient roam for equipment installation or nu i ntenarce 450.00 Page 2 t ' E oR t DESCRIPTION QF - RASCQ3 WtiiANGoOST OF CHANGE - " 10' Ppfframe for , tairweil below S f jF, greenhouse Stairwell had to be reframed and door height of ceilings in kitchen, to provide adequate head uen's re—tro m and women's rmtram I` clearance as greenhouse support wall is directly adjacent to stairwell. Utilities to be installer) in first floor ceilings would not fit unless ceilings wcr,,, droppvd in the kitchen, and both rest-ootns $10150.00 11 1) Misc. furring of stcfil bolts on Re 61.: Additional furring colutmrKs around wild: us 6 steel rested by ari-dte ct. I beam wed .-,t first floor Re 12 z Jack Rafters could ceiling, and stairwell wall to not be installed at win low aooh mdate beverage lines and openings on s000nd Boor rx-- rough plur*i ng . the approved pleas 2) RL-r se Jack Rafter irata.11ation - on second floor 12 Provide and install wirxlw screens for all windows Provide and install 1160 lineal feet of 4" VW conduit for So. Cal. Edison and 600 lineal feet of 1 1/2 PVC oeardAt t For Canexal Telepho:& Change lighting design for restaurant " acid misc. eleactrical outlets 5,264.62 orange County Health Dept. requires s=eens on any wi rX3 w that opens - approved plans did not inclade screen 898.00 Original plans required the installation of one 4" conduit for Edison w4 eerie 1 V2" conduit 1,or rAn. Telephone. Subsequent to Dear contractural agseeawnt with "fli Cbnst., Edisan required a second 4" conduit. gu*e conlXts could not be mounted on pier sidirg as planned and therefore, were hung an the under side of pier. 50,138.67 3hese charrIes were reT m ted by the leaseholder (Note: the l.mscholder has been billed the entire ant of these du"I s 190628.89 3 DESCRIMIM OF M42M RUSM FOR CWNM COST OF CHANCE Install .1-4ght3ng shelf an existing secant( Re #1' pity requested contractor €fir I` -beam and _ewtemd contract completion to install lighting shelf. per date to Sept. 22 .85 archite'et"S' suWlaiwntal drawings Re 02. Prior change orders" resulting in work beyord the scope of. contract resulf,-.1 in &lditionml contract, time 498.00 16 Di&�te three 3 PO x 6/1 metal doors an Installation of three 3/0 x 6/8 electrical panel sooty : and replac, with metal doors an electrical parp-1 two S/D'X 8/0 metal doors,.. roan would".mt be in alliance with clearance requir'ements of electrical code 2,581.63 17 PrcrAdc and Install additional drywa-1 Pdditional drywalUng P_ result UPO tairs and downstairs of misc. furring on change order #11 38580.45 18. aNe base all sheet vinyl in storage A 6" high cove base on all sbect c1mets -arlp Imptc is VJrVV1 in rtD- Change water line raterial (under pier) from 1 lj2" galvanized pipe to 2" copper - line-, Relazate sewage eje=r -control panel and `tail.- electrical- charges in el6ctrical panel ALoa.. , required by orange County Health Dept. Ins,tallation of c1alvardzed pipe wild not meet fire sprinkler code requirements 1,650.00 Re 41: City requested that cont ml panel for acwage ejector be locatFA on tcp o1p.pier rather than below as originally plarrica. Re; #2: Misc, ctzNes in electrical'. panel roam were code rNalrements 3.231.14 TMMS. $101,878.40 Ll"I& U1, REQUE.,.J FOR CITY COON I ACTION October 1, 1935 Data......� Submitted to: Honorable Mayor and City Council LJ Submitted by: Charles Thompson, City Adininistrator�' Preparettl by: Paul E. Cook, Director of Public Work s-� f Q/�% �• Subject: Municipal Pier Restaurant; CC-665 a To Consistent with Council Policy? IXj Yes (j New Policy or Exception • Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: } Statement of Issue: Kropfll Construction has completed the ccmLruction of the Municipal Pier Restaurant per the approvi7d plans and specifications. Revornmendaticns: Accept the completed project and authorizes Lhe City Clerk to file a Notice of Conip!etion. 2. Approve an appropriation of SIOB4O00 from the unappropriated general fund balance to cover the costs of construction contW9encles. Analysis: On February 25, 1985, the r;ty Council awarded a contract to Kropfll Construct;on for the construction of the Municipal frier Restaurant. 'fhe project 3� complate per they Approved plans and specifications; and therefore, the Directv of Public Works recommends acceptance of the restaurant and requests that a Noto;ca of Completion be filed. The award of the restaurant ccntreac_ to Kropfll Construe?ion slid not Include nny monies for constrmtion cnntingenclar. Generally an nntount equal to 20% of the, contract amount Is approved for construction changes. The fu;lowing is a surim,iury of contract costs: Construction Contract: Construction Contingencies: Total: Council Approved $335,643.00 -0 - 3350 S.Ot) ACtuni EXpE(WItures W5,843.00 It)e 000.00" $ 4.5,414 MO #Major construction change orders inciudad: increasing the 41tirkne:ss of the ccr)crete foundation to prevent flooding of restaurant floor during rains; changing tho size of structural steel framing meen►>ers for neVaded support of rooflnq, etc; Installing gas services far the galley and ►he: captain's locker as reque:st#:d by Community Services, The cost of $49900 to beabsorbed by. the Community Services Deprirtme:nt); initeiil control system and panel; for the future monitoring of th; fire sprinkler ryatem; installing a steel telephone cabinet in the electrical panel r"rn per building code requirume.Nnts, Installing steel. brac'..:q for the joists supporting tote second flair per a Building Department requerst;re:locating the durnb walter shaft to allow adequate room for, operation; repair and maintertttncez activitles; installing 1160 lineal feet of 4" c�e�tsduit as requested by South�ene�t Callfomla Edison and imtelling 600 Iinent fct of l 1/21, �:wwuit ay No 4M , Lm Request for City Council Action Municipal Pier Restiaurrint; CC:-665 October 1, 1985 Page 2 requested by General Telephone Company (Note: These two utility requests exceeded $50,000); changing Interior 'Ightintj design and .sodding electrical circuits per the rrquvst of the lessees (Note: These changes, totaling $19,6?,9, have been billed to the loasee); and lustallIng a six Itirh cove base on t;ie sr" t vinyl Li all stn.-age roonsa per a requirt4ment of the Orange County Health Depart:nv,-' Funding 5oui:e: Amount Smirce slualuou Unappropriated general fund balance Alternative AcOons: Investigate the p issibility of increasing the Coastal Conservancy loon to cover the CWt. of the construction contingenciea. Attachments; F.I.S. CWT:PEC:DRN:Iw REQI.IL�..o'T FOR CITY COE k—A. ACTION October 1, 1985 Date �„_.... . Submitted to: Honorable Mayor and City Coiinci; Submitted by: Charles Th'ampson, City Administrator Prepared by: Paul E. Cook, Director of Public 'Par Subject: Municipal Pier Restaurant; CC-645 Consistent with Council Policy? (x) 1.a ( )'Now Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actioru, Attrchm ants: Statement of Issue: K:•opfli Construction has completed the construction of the Municipal Pier Restaurant per the approved plsns and specifications. R'ecornme'ndattons: i. Accept the completed project and authors_a the City Clerk to file o Notice of Completion. 2. Approvm an appropr', titian of t 10E;,00a from the unappropriated general fund balance to cover the costs a'! construction contingencies. galalys:a: On February 25, 1905, the City Council awarded a contract to Kropfli Construction for the construction of the Municipal Pier Restaurant. The project is carnpleto per _ the approved plans and specifications; and therefore, the Director of Publjc Works recommends acceptance of the restaurrant and requests that a Notice of Completion be f lled. The award of the restaurant contract to Xropfli Construction did not Include Orly mottles for construction contingencies. Generally an umount cqual to 70% of the contract amount is approved for construction changes. The following Is a surntmey of contract coats: Couasil Approved Actual Expenditures Construction Ccnlract: $335,943.00 $33510.43.00 Construction Contingencies: -0 108 J� 00.np otol: $3.35lB43.60 $443,1343430 *Ntajor construction change ords�r included: increasing the thickness of the concrete foundation to prevent flucding o', . re:stourunt flour during rains; changing Oe alze of structural steel framing members ,. for needed suppGtt of roofing, ' et+c; tnitalling 'roas services for the galley and the 'captain's locker as requested by Corr-"n'i ity .Sarvlper.,, (Note: The cost of $49900 to be absorbed by the Community Services Department); control ` syatem and panel for the ' future monitoring of the fire -sprinkler system; instolling"a steal telephwi a cabinet in the s1Rr..t `cal panel morn per building code requireenentu, Installing relocating h�o�the eGjoists Yalter ��,tngohell w�aeju to roo�er a gufotryograiiot�rnent-request, t n _ P. i ,'repair. and malnCenance activities; In-s ailing "l ibs7 iine3al feet of u': conaluii Ae` raqueste. by SQuthern California Edieon and ,installing 600 lineal feat of 1 1/2" Conduit as requested by General ` Hn 4AH ` f r: i r .. Request, for City Catincii Actinn Municipal Pier Rctsteurant; CC-665 October I, 1985 Pap Telephone .Company (Nil,te: These two utility reque-sts exceedad $S%O'UO% vhangin i Interior lighting design era; adding electricai circuits per the request, of' the leave. (Nrte: These changes, totaling r19,629, have been billed to the leasee); 5:1d installing a Lix inch cove base an the shut vinyl in all storage rooms per a requirement of the Orange Cc*:nt), Health Department. Fundiixg Sources Amount Soi�Yce blU8,000 Unappropriatedgeneral funa'balance Alternretive Actions: T; Investigate the passibility of increasing the Coastal Conservancy loan to cover the cast at .- the construction contingencies. Attachments: F.I.S. P -i 1 t ��� 1.11"hi'.:r•'+:.t .Sr ••r .�w.» 'i' :1''cSit •'.f:+, .l ';j i .+) 71::: 1 '`�: f'•,.lyrr.i �.r:.•... _ — -- --- "` � `II� .1 R! FISCAL MPAC T' STATEMCNT Pi ER RE'STALI R -14 T 1. Budget Status The cost of the construction con'Cract was budgeted during the fiscal vear. However, construction contingencies for necessary change orders ware not taken into account. 2. Total Costs A. DirQct: S108,000 as a one t_imo expenditure from the unappropriated Cener,Al Fund balance. B. Indirect: Loss of earnings on these funds. 3. runding Source A. Funds: General, funds on deposits in account A301. (fUTIL! balance) for transfer into Account 345620. B. Revenue Sources: General Band revenues C. Alternative rundinq Sources: None D. iiis`.ory ; -nerai funds have norm i l ly i:oen used for this purpose, in the, past. REQUES." FOR CITY COUNCK�INCTJ 1 0 Date t,3�. Honora-blc; Mawr and Cit • Counc.i.l Submittedto: � �,... , •� � � Charles W. Thompson, Cit.. -i^:inistrat��r ��i.��a� t ''�,,'•1'' Suamitte�i by: Paul E. Conk, Director of P•a5lic Works --- Prepared by: � � � ► t ;.. S Subject: End of the, Pier Cafe �� •r �/ Tes Consistent with Council Policy? i V yes ( } New Policy or Exception :5 tement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Amixthmenu: STN T w*IME*; OF ISSUF The Coastal Cos:se: va:Ic.'•• apnrcved the r ec.ues t o& �h►,, : itt• to r.: snt a a�an of S 4 2 5; r 000 :or CO3mn.Ietio:: e.:aject. ��--�s.�•�N��t� nor:: ,iopt tie Resolutio- appro%_n;- ..Ile_�•.�nct- Agreement. AN. LY r I S : o 18"., �h C u 1_. 4_C.. aar c:ll tti L:.asta� Coziservanc% :or $'1.50,000.01'. 1r, '4B�, -heCc...^,cii �::`.ho:i::ed staiff to apply .:oar a6di-6..ionai r0aS aC—1SC— r,C}• 1�'.,1.Ia The Conser�-anc,f apprc:•ed the- C:t}•'r xenuest ro: anaac�:,ti�� ,>, loan and increases the total ioan a oun: 0 S 2 5 , 0 0. 00 . ' .t�� t�'�`•:. , o: - loan are .�.�.yien: icani -,.o thous tee• c� (t: he a: i.� was 2 sac-reeme••r, "r-nr.d ~Ca;:i z-c� : �eo�:��.. •�r:t V \S•Y. a ten yea4 ��L 1..11► C� .. 4 • V,(A • •♦ ` �• lt^+►. t11•` /i l..♦/~.rJ Si� � �i� � �i'.J, ��+ annual! y co:"nencing J, u1 v l , 19F FUNDING SOURCE.* Revenues cC'i1Cr3Ct' J.: ^�C'� C�^r��,rS O:�:: �r:2 .: :)C' :tl.�� •.:1=t'�,�' `iho ic,ar, ALRNAACT _ TE' 1VE ON Reject: the additian.al Ioan and ut_? i s e renerla? �::nc:s rrr. co�::�Ietxcn U� the project. A T TACHMv" : Reeso3�z ion Approving kmentle_' S-4a d rd 08— RESOLUTION VD. t 5517 A RESOWTIOh OF TM CITY COUNCIL OF ': KEE CTi'Y QF N":TLSGTDN E E.Aci APPROtiri'i G F,. LIMED S VA-'1DARD AGRELNENT ND. S3-113-54-0E-A W-- H Tip:. STATE M A_S TAL CD: a VR Vh"; M FOR ' t CT! r- T'A ION 0 i' F'J I%*DS TJ FE COIG n.0 CT "END CTLFE" ON THE MUST CI PAL, PIER h'F-7."L�ks, :'�e �:ty of HL-ntingtan �at�.s entered into an agreement, drted Mzy 31, 1':3R4 , with the California Coastal C-onse.va.-scy for funds to reconstruct the runicip;l p;ez after severe sLorr dar.39e; snd The city finds that a ddi bona; fun s are : ! cuir ed to Mc - Mete re�onstr,jcticn of t-ie "end cite" on -`3e fi% - and ;'ne city'has enter ed in':a Amen. d=ent IYc. 1 to Standir d Agreeoe.,.t ?Zo E3-213-a4-07-A, a copy 0! ',`liC-;h iv attaL"ed :her eto and in-c-Drr»r aced by refer e.nc-- , for addi tional funds in :.fie sum of S273.0d3 for the pu~:.� pL 1-,cr a i:z stated: and N:)W, BE 21' RESOLVED by the City Coanci l c! the City of 4u:stincton. Bnscn th L , : t accep:.k� ;uzandrmt too. 1 :o Standaa d lgr ee�;, I. -No . 63- 213-6-07-A for au=en t.ation of !ixnds in she sum a: S275,000 w: t'.ti r.h% to c�orplete :he Mecon-- stru~ion of the "end cafe" on --he Him-sf.ingtor, i9eaGh Fbnicipzl P i er . PASSED AND 1+DOPTED by the C ty Council of t': e C if y c: H tm tingto;s Be;: c:-s at a : gul a: r*e : in g thereof b el d on the 215t RM EW ED AND APPROVED: sty miff is t` a tot rN M IATED M D 7%VPRONT.D .rector of Public hori;s ahb/ 5/ 9/ 65 34 99/05611/ APPROt'ED FPS 7.3 FJiiu: ity tt •.�. �"r •a .. �. ��.1 ,'.2 �•. � ,,. 1. W+WMM+ MrM/�MVWr.M^w�tMMYP M =F i}� 'i, i�+rr+r!"""r""'�"�� 1 ;IfjW -'. � . � �', t.:l� .},� \!; � .a. «•..+..v.w.ww.�...w....�..�Y�r.....�w.w+r+:.a...a+ww.r.�wr•v�+.w�...wr�►�n.K r R '1 :+o. 551? 19 ALICIA M. WENTWOF;Th, the duly elected. qualified C14ty. Clerk o: the City of Huntington beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of tht City of Huntington leach is seven; that the faregoing. resolution va; passed and adopted by the affirmative vote of more than a maiority of all the me=bera of said City Council at a regular adjourned meeting thereof held on the 21st day of N1av 19 85 , by the following vote: ATES ; Councilmen: Y.el lv, MacAllister, Mandic, Bailey, Finley, Gr-en, Thous NOES: Council tn: N,nr- ABSEA'r: Councilmen: None • City Clerk and ex -of ricia Ciert+ of the City Council of the City of H=tingtun Beach, California STAINDAND O' ^ TORNCY "NCRAL rrtr. a THIS ACRES ILN'T. tame and entered Into this 29h da?• cI April 19 BS in the State 'of California, by and between Stale of C:liiornia, through its duly timed or appointed. q►ulificd and acting U COWTUACto" I tRAT* .>�DuCI' C3 tatr►r. c• GGIC ftlt� Lr ta�rrkousst , i. 13 0 TRtI a• CsfKi+1 AGTYr6 i�ow a�ATte A�tte�CT r Executive Cdficer State Coas tal Canaervana 3-I13»8�-07»h 07 rr ter IT; Statr. •"d AT'WnA It City of !i~artS.ngton Prach A-trefter csW tl►r Gmtracto*. %%IM fE55M: 71ut the Contractor for aM in coadderation of the oavetunh. conditirxr agreements. and stipulatiotu cd the State hereinsf ter ezpresse4 dons hereby agree to furnish to the State sovkvi and material% as follows. (Sa forth s rrw to be rendr•ed Ey Contranev. smmmt u br xid Contftew. tmv jo, p+fw* n m or wrm%Wo . era' stu-A P" and awn f nttrru. tj #"v The State Coastal Conservancy (hereafter called the 1Cmaerv4Lncy') and the City of Huntington Beach (hereafter called the ''Grantee') a llTme to amend Standard Agreement Number 83-113-84-07»A thereafter called thn "rrigiae+l Agree.ment.'), dated Kay 31, 1984, as f ollc-da t The folleming p mag•raphs are added W this section t The Conservancy hereby grantn to the Grantee an additional suer tz+c*t to exceed two hundred sevesstr-fiva thousand dr,llars ($215,000). The funds shall be weed to txeaplots the reconatructivn of the end of the f3untingtor Beach Kanicipal Pier by replacing the "end cafe" with a nev facility that includes a second -story public observation area and for additional utilltit3 improvemasstta to the pier an described herein and in the Conservancy Staff Racc=endat ion of March 31, 1985, which in attached hereto :s Exhibit A and incorporated berein by this reference. The provisions on the reverse sdde htrwf rottditute s part of this agreement. ( Continued on the nasty. page) IN KTTNESS WHEREOF, "sipet went has even rsecuted by tine part! s hetrto, upon t.ht date first above wsitten STALE Of CALWORMA COMMLIT04 AaR1pCr AC't'OO M VMS% V •r plarmYMw. Vr4V% Undertow • e2ow"""Oft State Cndstal Conservancy "4MFV%1N0PW. RM' City of HUntington Beech tri u►vt'wtiww�t an>tisA r, awr^+ea+rraaa tnarurures Executive a. f icer 60wMALMt✓ C04 — !*WSTL "CM KAwo.q snare *A CQwR"AC'"VM AN&AP" rfrC\M11RI1/D Deaartnrcnr of General Serves 1 4259000.00 Use 0* vrw,■ciwrrcnaa A+.ca Irms City Ad inistrator Atavraem 2000 Main St., Nantington Beach, CA t�lapa�tll,rl/CAtY11tOR. cow AND MI O 0z-o 'ff71a ror*VOUa 275, 000. 00 3 2 fi= 3121 -'r %a , l- 1 w LIMP —2 Aii. tea.. WMcie+wt.,CA cam= of wv V40"is a moos &4V rrr e I I iitantangton Deach Fier — -- 1 A"* WMfr zM Mr tan p.relft t lw*Wv situ kdo"d fWt art aowdAir kr Me p n wt to tswom 01 3jw 0*W%dUVr twtad Miew em-" lm a wrcatx*rr"" csO&W-a" oAlll (� MR U1 Ism w "M AdM.! Mvt� S.e+ua. Moir . a mr"I from +w w h she aspenwoM 4 Fvm wtr. . Z nawM► r P, an"Y" dr ON&"" fir &M 60 mdmti 0*4 rrl airs si 1. The Gruntee agrees to inde tuii.fy, defend and rave harrcl.ealc the Stntee, its officers, agents and a2ployeea from any and all claia A tad losses accruing or resulting to any and all contractors, subcontractors, suteria -man, laborers and any other persons firs or corporation furnishing or supplying work, services, %aterials or supplies in co nact.ion with the perfornnce of this contract, and s'roo any and all clalAs anb losses accruing or resulting to any person, firm or corporation vha• any be U jured or damaged by the Grantee in the performanco of this contract. Z. The Grantewt, and the agents and =ployee:s of the Grantees in the pe:rforvance of this agreement. shall act in an independent capacity and not as officers or e=ployeas or agents of the State of California. I. The State say terainate this ngretattnt and be rollsvrd of the paysent of any consideration to the Grantee should the Grantee fail to perform the covenants herein contained at the tiz* and in the mwaner herein provided. In the: event of such termination the Stntr mAy proceed with the work is any manner deemed proper by the State. The cost to the State shall be deducted fr on any muse due the: Grantee under thin agree>aaent# and the balanco, if any# Shull he paid the Grantee upon demand. d. Wit2:out the written consent of the State, this agreeszent is not assigracble by the Grantee either in whole or in port. S. Tisza is the essence of this agreennnt. 6. No &Ituration or aasintion of the tarxsc of thin contract shall be valid unless wade in writing and vicned by the parties hereto, and to oral understanding or agxer-nent# not incorporates! barein, shall ba binding an any of the partieza hereto. 7. The consideration to I>e paid the Grantee, as provided herein, thall be in compensation for all of the Grantee `a expanses incurred In the perforaunce hereof, including travel and per diem, unless othtrrwiee expressly to pravidad. i j.� City of Huntington Beach Grant No. 83-113-84-07-A Page Two •AP= OF AG 17 (continued) The Grantee shall erect parm,a.neant signs desielnat'.irg that the second atory observation area is aval.loble to the ganaral public separate Ire* patronage of the cafe. 7ha wording and place~meht of such sign* shall be aru)=itrted to they Executive Officer for review and approval. The Grantees: shall repay the Canaervancy one hundred percent (1001) of the funds authorl.zed under this Amendment with interest cn t_he un-rep4t.id balance accruing at a rate of Right and eighty-six one -hundreds percent (0.86%) cox9oundeal annually for a teen -year period beginning July 1, 1387. This relzburse:nent shall be in ad3i4ion to any reimbursement required under the original Agr event. Paragraph 5 of this section Whall be amended as follrVaa Any construction c.•or tractor($) engaged to cow late way portion o. *Wae projot-t to be funded under this Afire mmut shall fu=isb a perforsance bond In favor of the Granter: and -fir.-..-saner in the following Anountu: for faithful performance, 100 perceiter. of the contract valuer for tabor and asateriala, 100 percent of thr., contract value, cooditiven Pracmdent _to Pa Mmt The following paragraph* ahall ;Ke *dded to thle seetiont 8) A rexolutien has been approved by the City Council of Huntington beach whicn approves this ftendnent And agrees 4o all conditions contained in the "List of Aiauzancos" Mr bit 3 t:.c+ the* original Agradmnt). Said resolution *shall addition4l:. affirm the Grantee'a obligation to fully reimburse the Conservancy for all Punch disburand .pursu4nt to this Anandment in accordance with all. the terns and conditions of the orlginal Agreement and this Aneindnant. 9) The Zxeeutiv• Officer has aopyrostd in writing the warding and ptac wnt of signs damigaatting that the s*comd stogy obasertatlon dark is open to the general public. City of Huntington Beach Grant No. 83-113-84.07-A Page Three COST MW PAZ1t>t!f►'?gQXEP7►?'K.i' r (continued) � ...ww.. payments authorized under the original Agrc:eaeAt. paragraph rrma.ins unchanged.) Me remainder of this Paragraph 2 of thin section shall ba anended as foLlowa: The Grantee agrees to repay the Conservancy fraaa piar rev"nas one hundred percent 1 100• ) of the funds disbursed pursuant to this Ag>•sexent by July 1, 499 1996. Interact shall accrue ft tho unpaid balance at the rate of eight percent (8%) per aunts, ccvq-* ended annasa.11y, L*7inning an the date of final payzeent tandered by the Conservancy to the Grantee. The Grantee shall make annual payasant.a of evatbined interest and principacL of twenty-tvo thousand three hundred fifty-five dollars ($22, 355) each, no later than July 1 of each year cossaeeeing July 1, VXK 1907. The GrantQ e a ea to re the Conser en fir.wa ier revenues arse hundred recent oV (100%1 the funds disbursed jeursuant to this Amendment kX Jul 1 1996. Interest shall accrue cm the rn aid bal.tnce of this S275 000 at the rate of Sia*t and aight one -hundreds t»rcent(B.86tt) par ac=unj betinnlnc�_ cm ri .wrrirr rrrrr.rr rwn w. ■r.riar+���r rr..rrrrr•�� . rrrr rr_r..rrw.r�rrr�r the date of final ent tendered tX the Conaerv►ar, tr the Grantee. :'"ha Grantee shall make annual payments c-f cxbined interest and grinclRal of fo=two thousand six hundred„ seventy dr2laro ($42,670) each. " lager than Julv 1 of each year cov=encina July 1. 1987. Total Yearly repayments to, the Cc eervanct► under the cxi +mina lr hZess ent and this Amendment steal De $65, 025 M (Thee remainder of this paragraph raxalna tmchanged. ) Toz Of t The first and second aantencea of paraagrcaph 1 of this section shall be smanded as followsI The tern of this Agrewwnt shall run frog the above smitten effective date of this Agroa mant. abd shall continue unt.11 July 1, 2#0 3006, or twenty (20) years from the "Completion Date", whicbe raw is 1� atero unless othaervis• tar tinat*d or amendad. The Grantee agreas to cesplate censtructlon of the project by July 1, *"S 1906 ("Completion Datw` ). (The rwmAnder of this paragraph remains unchmnged. ) 1 City of O=tiagton beach Grant No. 83--i 13-84-07-A ,Page hour Coordinator The second sentence of this paragraph shall be awandad an follews: JareVm1-kna-Deralesr Karc 8eysler in desipated the Conservancy's project coordinator for any probl4m or questions wh2ch nay &rise concerning the .implenentation of t1d s Agre►enexnt. l"isolatl.as . The following paragraph shall be addend to th.la secticn: The signature of the Rxecut.ive officer of the Conaerrsucy on the first page of this Amandm►ent cartif ids that at Its !lamb 31, 198S neeting, the State Coastal Conservancy approved a grant of two hundred saveuty-firm thousand dollars ($ 275, a00) to the Grantee for the development of the project described Ln the. attached Conservancy Stiff Reco=mndat;ion ( Exhibit X) . A11 other terau of the crigiml. Agresesv4mt revatn in affect, and the Grantee shall cou it with all terms amd coadit.iotw of the original Agre•wmat and this Amendment. CITY OF HUNTINGTON BEACH 2000 1AA.IN S1 REET CALIFORNIA 92648 ; l OFFICE OF THE CITY CLERK March 7, 1985 Kroptl i Construction Company, Inc. 79 Xir,*no Avenue Long Beach, CA 90803 RC: Construction of the Municipal Pier Restaurant - CC-665 Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach and a Certificate of ConVliance form. The Cumplianee Farm must be signed at the completion of work and returned to this office., In addition, the following items must also be or. file, with this office, before the City can release any retention funds. 1. H warranty bond guaranteeing the final amount of work and materials for one year. if your perfo.-mince bond does not include: specific wording for a one year war,•anty, then a rider or separate bend trust be s-abni tted . 2. An affidavit stating that all workmn and persons employed all firms supplying rkirerials, and all subcontractors have been paid in full and that there are no outstanding clairrs against this project. Should you have any qutistions or concerns regarding the enclosures or iter;m that rust be: on ff lAi ±n this office prior to release of retention funds, please call Lon t.:,ie, Contract Adrninistrator, 536-5441. • 1 1 a. 1 Or CITY O'rw"w HUNTINGTON", E3EACH. 2M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CCTV CtARK - :larch 7, 1985 Bayside Builders & Engineering Contractors, Inc. 18600 It. Mal-, Street Suite 135 Huntington Beach, CA 92641y We are returri ng your bid 'bond which was submi ttec; with your s proposal for the construction of the Municipal Pier (restaurant in the City of Huntington Beach, Project CC-665. The contract for this job was awarded to Krop f' , Cores tmction Company of long Beach, Ile would like to take this opportur►l ty to thank you for yoar interest in submitting a proposal. Varch 7, 1985 Anir;?-, Construction Cc,mpar.}=, Inc. 5569 Grahan Street Huntington Beach, CA 92549 We are returning your bid bond which was submitted with ;your proposal for the constructi.-in of the Xwnicipal Pier Re,taurant in the City of Huntington Beach, Project CC-6E5. The contract for this job as -awarded to Kropfli Construction Ccimpanv of Lonn Beach. We would like to tame this cpportlini ty t-.a thank you for your I nterest in submitting a proposal. _ MINUTES / y,✓ Council Chaober, Civic Center - i lby ' i Huntington Beach, �. Ca1.li'ornS.a Monday, February 25, 1985 ` A tape recording of this aeeting is on file in the City Clerk's Office ' y4 " Mayor Bailey celled the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:15 P.H. n: rit7 . •9" f ROLL CALL • Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green -I Absent: Thomas 4 BID AWARD — APPROVED — END OF '17E PIER RESTAURANT — CC-66'i •- f.F.Ornl OONSTRUC7ION The Deputy City Clerk presented a co=untcation froze the Lkepartrent of Iahlic Works regarding construction of the restaurant on tine municipal pier. The Public Works Director prevented it staff report. A cotion was made by 'iandic:, seconded by ells•, co avard a 180 day contract to Xropfl.i Construction Including the fire system and gas lint, in the amount of 035,843, with s bonus of WOO for each month completed early. The Public Vorks Director questioned whether it could be ?egally Acceptable to allow a bontis to be offered for early cozpletio. of the project as such allowance had not been .ade pa:-t of :he bid notice. s Councilman Mnndic a©ended the notion as follovs: to award a 160 ddy contract R to krapfll Construction includirg the3 fire syste= and gas Ilne, in the amount of 035, 843, with a bogus of W00 for each month completed Early, If the bonus can `Se legally offered. The motion carried by the folloving roll call .s vote: AYES: Kelly, MacAllister, Mandtc, aailey, Finley. Green HOES: None ABSEN r. Councilman rnndic req"exted a legal opinion from the City Attorney should ahr rule it Illegal to offer the 5oui'ss to Krop►fli Constructien. Councilman MacAllister left the aeeetinl, , C T i nt s, ,. REOUE%;., E�6 i�'Y C iJNCKV ACTION Date 19A5 Submitted to: Honorable Mayor and City Council D Submitted by: Charles W. Thompson, City Administra4rllf P red by: Paul E. Cook, Director of Public Works Subject: End of the Pier Restaurant; CC 665 Consistent with Council Policy? Yes j New Po!it;y or Exception R Statement of Issue. Recommendation, Analysis, Funding Source, Aitemaiive Actions, A chments: STATEMENT OF ISSUE: Pursuant to Council approval, bids will be received and opened on Thursday, February 14, 1985 at 2:00 P.M. in the Council Chambers. RECOMMENDATION: I. Permit the Director of Public Works to ptosent the bid results to Council on February 19, 1985 at 7:31 P.M. 2. Award a contrast to the lowest qualified bidder and authorize the Mayor and City Clark to execute an Appropriate contract. 3. Encumber sufficient funds to cover contract costs plus construction contingenclea of fifteen percent. ANALYSIS: On December 17, 1984, the City Coun:11 tuthorlied staff to solicit bids for the construction of the Municipal Pier Restaurant. Bids will be rtcelved and opened an Thursday, February id, 1985 at 2:00 P.M. In the Council Chamber). Staff hits been .asked to have !rids ready for th,t Cal,ncil meeting of February 19, 1985; therefore, the Director of Public Works requests autharization to present the bid results to Council during °dcpartmental items." FUNDING SOURCE: Staff has estimated the cost of this projne: to be $310,000; however, sufficient funds m.,st be encumbered to cover thr contract amount plus construction contingencies of fifteen pe►rent.. The tatai cost of the pier restoration, to date, Is appraxisnately $705,050.00. Funds available are approximately $777,000.00. 111 addition, Couscll has adopted t resolution requesting a second Inan of $250,000 from the California Coastal Conservancy; therefore, our revenues can be recapped as foliaws: Original funds available for pier restoration projects: $777,0441 Expenditures to date: 70S OSO Subtotal: 7I,930 ' Recelpt of second loan funds from CA Cutstal Conseryancy (pending): $250 000 Unspent fund balancz: 321,9SQ The annual income from the isler concesslunt has been approximately $70,000.00. The payments on the present Conservancy loan, of $150,000 will bo $22,355 annually. Paymients on the second and pending Contervancy loan of $2SO,000 would be about $37,300 Lnnually. i b nO 4/ft r DATE : February 14, ..-1985 �.--� ✓ / 7. ENGI11EER' S ESTIMATE: $ 310 , 000 JQH D CC NUMBER: Municipal Pier Restaurant i CCU �. CONTRACTOR TOTAL HID AMOUNT 180 DAY 150 DAY 120 DAY Allport.Const. Ami::an Const. Baysi.de Builders �; -��, 3y3 aoa 3 7D Slip 3 YA pod 7 3 , 3ya 0,00 -3 ?/ -514 Cavecche Engrg. b Const. 5b� .4- ! C3 4• •� 'oo, Chadco Development Co. Ego Builders _ FTR International, rnc. ov4 Henry Const. B.P. bent Co. Kropfli Const. C. V. McGuire Const. QUc'illt}' Const. fi(T 39%GC) ,3 9'� 700 r. Robert Reed Const. Cary :d. ' Schmidt Const. Verner's Const. Co, Shale Co. Waude 1 Const. Co. Weeger Brothers �... K. W. S:estern, Inc. 4 0�. Q'� lip ";:r��� ,r : range 1,ou'►ft r A /,� 11 a/ IId,,. .� _,•,•1 I'!a 1 and A 161. n�lp 7• I I Jury! STATE OF CAi.iFORNIA county of Gran •., •.; 3r' :• i.if �� -'' r`•' fl�ts'� J�atE:'. aSr�a J ff_".,:�:kr)t Q) ,fir' r ' _ r.:, �c:^ :).t!• 'r1S` �.;!� ;�1 1`�it!llt>:r, f+C r'� �' r f �\ `� ttj r• nr �!" !•! rIrC�J�atV�•,1 '•'...:�' '. Ir,v_eirtc: sues<`�'_. _'•'._. 3 .t a n U .12 r aar. cxCGut?: Fcbruary 7 (."4 .... _ . P'l6lIC MOiia 1 Na1mi1C£ . � ..: ; :..�_, ._._..........�....... Made Mru NOTICE IN"Ma 89ALED MS CC-M Notks h harmer 11NOn VAL I the City Coungt or Vte of HM!(VDA Beach. Ca'st Beaco+*.-.4 watt "Ictitie sealed tads lot sloe COO- trwom of t" Mimklpaf flee Mtsotaeuroril in the Cdy a Kwungtort f'.rtach. CoMor.Ad hi ac ."d&=e ,. •,`. Ifs* 04m and toteftaltians and 1 wdW pt&#*o11e on the In rho ollwa of the fkrectcr tf Pub1cWtxka. Oocattrants " bi availab;e on Jvtta *Y ZZ.1913, A dstge of SAM, not retomdo ale, w6 b* r>:quired for each set of arswtfketsocls and amoun t, &V t*awif 1,. , DIRECTOR OF PVBUC t1 OfWB ESTMATitr Work Item Q1Ne+tlty CoWNICti Costs 04$V* Cn 100 COrs�w ".Vvy .1 I. CorAu%= MAW fisllt"e"I (wtrq tau*" oeaC Cf1►'e �MCI�!lv0 tr>L tJaate Fk� SCm�iw Grs1R'It ' Lttn\D 6t11 'i co"mixt'M nouns sated on t5d Ccr+srtu9v9 0".6 J 2_ c4AgfJwc, PW teem* a ;u Str't Or?ONC1=Y1 a+tlarllilfvr/ Duwte Fro SOVL%:tw Sy"&" i 4 Sur, Cant:11,C1Kvl Corte E44"M on M Coraft t" De" 9 Cor:el*urt e'+ot liotSe�rtr>t t:IRI'.Y78c,en 3s. C HAO4 File 5- irAW .1rs!em lls+ D UP" In ttcerdanrs with the tvorsyc"s of Secll311 t 773 of me Lwow Costa,16h6 Slam r;t CaAcrlua. Mroctor of the pKsttma+f of In,411testrW Relatsons $half de:rlflr►int the ac.+arat prewl OkV rate of IraQaa, ntlp caaa to tPa work fo ` tv doAx, lyoet! of 2M latest Q*>st W w*Qa fate potermins.ti•Jnta min on ble , st t*►cr c�tf.ce at tn,s tatty Clerk a>L'ld tht ot.tw at the Director al fLu1.t.° Wars;s �'• of tho Gty of Hununglon BwA. z+•A'ornia. PUtns a1;4 sp1+c'f�catloni, t:qcrS wlih proposal fcfrll. rnvf I"obta "d at the ztfK* of the 06,90w ol Pul>bc tWoras, V1y Hk3, Htniogton Ba=b. � Catforr111l. Nobid will be toccunNI unless It to made one !,tank Imm fumis wd by tht D4wtor nl Pubf'fc %Yolks. 7hv sprlctai atteentitrl of prt4pe0-,tivt bodders Is ce*d to ttv proa:sv r*qure,urnts, got forth In Iho ,t{sscit►cttticrts, for full dxev;oof as to It-.* tti!td;N The ab«vo r;uan'.IMs ve approx►male u%y. beirrg gfvvi as a bald! for ft.* ccrnr:wn4n of bids. tttld thA City of ffunttr>rtdrt E3eseo.catiet not as.nrtms or; br .mpVtA torts ague that the actual amount of *oclt *19 cotrsspW4 1W..emrth DO1nsxrres V" rt;ht to Incretse or dHt oase "ainvxmt of any ciass of podi6n of It* sror>r. as may Ct dcq -mad w.As%wy cc exp"Mt by. Ina DffKtOl Of P1Utft'M0r1ksc. If fact pigs %%3 be CrfrWred M. that bd&i, of tow QYsKtow of J%W Works ! estimats of tau gwn:ilies ci work to b%, done. SuhsVluVon of W4xAik,s for any rrw4s wTtlxhad ry Ve fifty to Inturo, Pwtcrl"AnCe tfhsll be PWIdiflid M alCtt 11V, %c* rbitfc prrtroons of tfta' cAkle'rhicQmHyrtJmulf C-C#60. $t!c'ttotl �Qb. E,v.h M WMA t;e n+ado W on a fonki to be obt.Mned st the office of It* oj�rftty of Puhv. slica,s, DarrazatMrnt Wing. 200 Main Strut, Kum..•: ;nocin IMtM:h, C"forr4a. that! be aaaWd asd hlad a1L'1 ttreCity0wk at tt7f1 C.iw.; Ctintm. Swrso l Fiew Adrnl at-tradun &Ald•"O ' (W MAVn Bfrw, Hunm�qtcn ftach.' Gaitorr► s, on of fiOwo ZM P.M. o! ► tbfw l K "is ar'Io stiox bi cis!-d by a committee c omposstl of tt* Cq Clark, the City Ailtxiwy and Diro:tor of PubffC Works at thHpr iVttit-:;Ivf "tref teuihs of !lead M ainng will be rlrpotted to and acloo up" br 0" C'ty, Courxil of sold City of Huntrrgton FHlattll M tt*ir tfylcrter,v"I to be t•.dd art Tuesday, t" IOth d*V at Irobnasey, IM, at Mo hoe,'!. of 74NO P M in IN Crty Cou cc it CtlambVt to ft C*Avfc Gtrr,ter o1 tstd; Qty C4 H:;-rrt:rlgtorl Bench. The Caty of fHerrltirvIon Be"-ft. Caskforrd a reief%*s the toot twrtlj%l ttLyw eat bids, and to ot"pl this bad d6efn9d far the best imer93t of tfre. Wr of," Huntr33;M fiascos, CistiforNs- 8 y order Ib' tt>,r City Cout',Ctt of thss Cosy of HuriOnglon i3whc C hfort�a I14% 00"Mba 17, ATTEST: Qfkle Wontwodh City CHO. PubbvNftl Ofavo Catst 0"Iy, Pilot .larruary 24.3t. Vstnna y T. lfat•5 I a, 01'ange COUAII C 5evvq—rfbs 19b1 mn;j a STATE OF CALIFORNIA court,* Of C;ran9f, :4 the ► 1z a ri fre r r.-Ivi tIng So P-1 c d 131 do Z, 3 January 24 5 January 31 5 February 7 5 I L 6 FabL,:sry 7 t P, C C. PF C F PUBLIC MOTILE 1-maloow=, NOTICE INVITING SMAUD WS N&M Is 11Sr" DiTm thtt the C41Y c4uroce as the at f4uriwqtrp�l e6=11. Cablom" wa facwYe sesw bwx for the Cattt"Wom W " , MUMCIPM 131*f P0141,11110111 ki ttW City Of HUM&W.011 OWN CWCCnW,h wmeadame with It* plane &4 gvorwAlkyts and spocW proms km trtt filt in the office M wo okwof of Pubk-j WOr%& Dimmm"Is vire, of available ort Jamumm M IM, A c;h&ge of SWAX. not tiffundAbIC *0 be rw4,.4fvd W vacli act W sgoe,;f;(A,%ons and acx*mqsrq4nq dr2*(nqv., DMECTOR or PUMIC V40RKS IGTIKATIE cf wed 14M tktMrttlT C,i;mi;ttvL-Cf# Coils 66taw Ipm M coftomilloo D" IA. Dow's Fee &IVVA%v S1106" Sm C-OWFUMAI C411111 SwAd 4" IS) C4wk4*>Ahv NIS J. U-tvfvt Parr 904me,WA Lvfiv9UrA .AL 00*14 1"to Lum 519" C, v%$ If %A -.%am cowl'i " W4 C" I M comwe-A, t 0 rii k Cmttr.#m Prw pwilwvwl Lwqp turn Do.d.mvtv 3k ve"101 F*,,* Rsx'triur systim two swri to accorganco with t" F4,o6isorts at Swion irn. cc uv Wbw Code. tw- Qlate of carAtom-j. Ditimlot of me DowtmqAt 0 IrWW-wO R#tsl;ot* "I d04rm,hw the 0"twal fRr&raLvv, Islip of w6wi. fi;v4fib4 10 11he W*fk to bow dace: CC4 of P* la4st ;tnvrM iiiage We on 140 41 trw cx!Kv of the 01-1 Ckwk *r-4 It%* otn-�" of Me D?#Wor of Putgic Wtwks rf U" C:ty Of Hwnlwvlon Elealch, CW-forma. Plans ivvd- "c:dw-4tkUi4, topliheir wilh rwopotW toorm. m4ty do Obtained at trio olbmt 0 the OwKlcw of Public ViCorts, C #Ty PAC Kvitmqtwt (leech. ca"Jorms, N a ttn% W-A b* r"Wvvd wilm 11 is tWdo coill a blank lotm twn(4twi by U*10 Dwifctot tit Put%bc: Wcwhs. T?w aPtKlal attention at vtGwPmthv Wders Is rwtd to "v P4000sm "t forth Arl irlis toovikAticru. ft. U demimont. 43 to the hddA'4 Th4 ntxwe "Antaws wo AppirtWmats or*f.'L-fkvv 0�vqvl " 0 ki,"4 or. it*' C-wf)p4r:1fm. CA b"61, and the Mly of litunt"vicin Bench 00#0 riot #xv*,U of ter knpUixvens aWwo thil rw Kew-41 momm afvicirk-win owesporlij % cis%% as-p.wtion cl " "t. as nuy b* 000'"Od rwmlary ar siomid;ent b7 ht N K!4= 401 Pubkc WLUV s M tit-'s mfl C4) momoatird vn the taus of tit$ Mwot of Pubsc Wa4f, 4PSIL-we of the quariv-101 01wm to badme. Gost"luvt:r► a 140jr-,1mi lof momiac withhold by " Oty to aLwo I ho PAIINIVU Vin aticairdawe with xmwomt. of Vie. E4dN bad thm be M604 cut on a tcxm to W 06Www at 111" oat o M It* Dcroctof of PutAt %tofkx Cwtiopillorit Whig, ZM MOn SU"A. Kuhl Inglon Stock caulmnAv SW W 5061mg &W Aw tv"Ifli it" My Cwk, in ft CivW. C002011, P&M-111 YXV Pturittintam Ovitch. Calft'Na. cA cir Wore 21.00 P.M. of Ftbruml K "a , and "I be ever" by a CO"mitift comp-m*d C4 tho city CW%, tr" c4v Allortvy and Droctcr CA PutAC Workio at their WttWrDAjd strid Me msuits of a" WdqV WA W rr4?i:K!jtd W sod IKU4 jiW t)y, IS* City Crx$Ku 01 FAW alty of HtntiNfon Beech ist U44, f"r, mfo6v to b4 hoo on T"Sdaj. the isitt ds? ct 4r*&w A Uilt h*$ of 7130 P.&A in tho City CcrumcJ Vhkilil ;n t1ws! %-Ar of ftw CRY qfl� Taw City of GAI�wnis Mwvpa the tooftteo food ima adds, and to sco,*pf the bid dirernad lot IN beat inw"t W. the 01Y vj !I'y *Ctl#t Of the C4' Cojra at eflm C#tf OIL Hmtbv,;w 0440. C"I*IjAtj4L ATT[Sr: Allcla Wkintworth Cny' Clerk Pvbksft%i Uor"Ii C.0,211 D*?j NC4 JXM*q '64, 3 t. FWUUV 1, JPJS NOTICE INVITING SEALED BIDS CC-600 Notice !s hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the Construction of the Municipal Pier Restaurant in the City of Huntington ©each, California in accordance with the lans and spy iications :and epecial provialons an file In the office of th? Director of Public Works. Documents will be avallable on January 2 , 1905. A charge of $30.00, not refundable, will be required for osich set of specifications and nccornpanying drawings. CiPECTt10 OF r�"no it WORt<r E5�'1P�1ATE Work Item 2. 2A. 3. 3 A.. a Construction Costs ©©sed on 100 Consecutive Day Construct Pier Restaurant Deductive AlternativL Delete Fire sprinkler Sy Stem Construction Casts Based on 150 Consecutive Days Construct Pier Restaurant Deductive Alternative Delete Fire Sprinkler System Construction Co. -its Based on 120 Consecutive Days Conwtruct Fier Restaurant Deductive Alternative Delete Fire Sprinkler System outintit.y. Lump Surn Lump Sum Lump Sum L um Sum Lump Surn Lump Surn In accordance with the provisions of Section 1773 of thr. Labor Code, the State of Californiat Director of thu Department of Industrial Reltitions chall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate deter rninotions are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. • Plans and specificatiors, together with proposal form, may be obtained at the officp,of the Director of Public Works, City 1-igll, Huntington Beach, California. No'bld will be received unless it, is made- on a blank form furnished by the Director ;of Public Works. The special attention of prospective bidders Is called to the proposal requiternents, act forth in the specifications, for full directions as to the biddinq. The above quantities are approximate only, bring given as a bnsia for, the compariOcn ct; bids, and the City of Huntington Beach does not t'xpress or by implicaticns agree that I the actual amount of 'work will correspond therewith but reserves.the Tight 'to incroaoe or ` decrease the amount of any clues or portion of the work, as may brs deemed necessary' ar expedient by the Director of Public Works: N• i ~ All bid, will be cornp=red on the basis of the Qirector of Public Works tisti+nUe of the qubntities of work to be cons. Sutistituticn of securities for any monieu withheld by the CiCy to insure performance shall be permitted in accordance with provisions of the California Government Code., !"section 4590. E nch bid shall be made out on a form to -in obtained ,it tho office of the Oirect or of Public Work:;, I7evc11oprn+ant Winel, 2000 hiairt Sirerit, Wjit;ngtc:n c3ear.h, California; ,hall be sealed and filed with the City Clerk rat. the Civic Centev, Secunu r ;oar Adi-ninistrulor. Building, 2000 Main �trert, I.untingtun Desch, California, on or befatc. f-.00 F.M. of February, 14, 1985, arid. shall h:a opened by a carnmittee composed of 'Lbe City C}rrk, the. City Attorney and Director ^f Public Works or their authorized representat'" rind ;he results of said bidding will be, reported to and acted upon by the City Council of snit! City of Huntington Beach at their regular rueetinq to be held on 7"ZX541v f, , the ,1�lh of February, 1985, at the hour of 7:30 P.M. in the City t-;auncil Chrrobers in thr: Civic C:nMr,-.-�of sald City of Huntington Beach. The City of Huntington Beach, Californin reserves the right. to reject any ur ::ti!l bias, and to accept the bid deem(:d for the best interest of the City or Huntington Beach, C:ad"rcrrik'. By order of the City Council of the City of Huntirgton M-Star" Caiifarntn this '! ATTEST: Alicia %'lc-rntwr;rth City Clerk n .y� Sob►mittrd to: Submitted by. - Prepared by: 1 REQUEST O :iTY COUNOrVACTION Hano6ble Mayor and C!t:y Council " Chvrles W. Thompson, City Administrat Paul E. Cook, Director of Public Wnrks . r�^'•r -TIY� Subje%t: End of Pier Cafe Swtement of lout, Rocommendstlon, analysis, Funding Source, Altarnntive Actions. Attachmems: STATEMENT OF ISSUE: The pfana and specifications for tho End of the Pier Cafe are complete. adequate funds are not available to complete the project. RECOMMENDATION: 1. Approve the pie a and specifications and authorize staff to so:tcit bids for construction. 2. Adopt the Resolution requesting an additional# loan amount of $250,000 from the California Coastal Conservancy. ANALYSIS: Jef trey Garner, ArchAects, have completed the construct ion plane for the now plar cola In accordance with the design approved by Council. The Coastal Commission permit for the pia: has also been received by the City. The project for reinforcement of the pier structure and addition of a boat lending romp shpuld be complete In a few weeks. Tna total cost of t.ha pier restoration �project I Including the contract now rearing compie;tian has been $705,050.00. Fund, -;available are approximately $7771000.00.. The architects eatimete for the new car '-t 'to $225,000.00. In addition to the cafe, a new sewer lift station must'. be provided at a caet of about 625,000; a naturei gas services at a cost of $:0,00UI new fires tine and sprinkler systrin at. d cost of $15,000; and upgrading electrical service and construction of ra rnechanira3 service building to hm ae electrical panels cat a cost of $25,000.00. Theme cost estimates totem i $310,000.00. 'The primary reason for tf a consldarable coat overrun was the expenditure of nearly $200,000 for reinforcement of the pier structure to support the new cafe. The City has negotiated a $15oloo0l 8%, ten your loan from the Coastal Conaervaney. t Cs rw*-Tvency staff has indicated that t1:ey would present a requer: for an additirxial loan amount to their Board. FUNDING SOURCES e source of Incwne fQV the project to this point lies been: lnuura ce Rotmbursement 5425,810 Orange County Harbors &nd Beaches 200,000 Caaatsl C0113ervaney loan 1500000 Annual Incrme from tho pier concessions has been opprox4mitely $70,0001.00. 'tote payments on r the present loan will be $27,.�.55.00. Payments on an additional $250l0W lean would to rkout $37,300 annually. i RESOLUTYON NO. J A RESOLUTION OF THE CITY COUNCIL OF.',THE CITY OF HUNTINGTON BEACH REQUESTING ADDITIONAL CALIFORNIA COASTAL CONSE' IRVANCY FUNblkd TO UP- GhAbg THE CiTY'S•' MUNICIPAL PIER WHEREAS? the California Coastal Conservancy previouniy agreed i to lehd the City of Hur',tirigt6h Beach money up to a inickiiitimi bf $150,00b to kostoxe thy- municipal pier, damaged duitng 1983 winter storms; and The City 6f Huntington Beach has experieinced sevete coat. over-,. runs in ceinfozcing the pier i✓tructure and up4i$Aih� its iatilit.�; serVices, NOWt THEREFORE, BE IT RESOLVED by the City Council aE the City of Huntkngtoh Beach that i! eo' es hereby request the dtAifornia i Coastal Conservancy to gram: an edditiofial loan ih thk efibtint oI $250,000 for reinforcih5 the structure and upgrading khe utility services of the Huhtirigton Beach rnuniCipel pier, dettaged clueing i! 1963 winter storms. i FASSM AID ADORED by the C i tf CoUnc i'l A f the City of HUhtingron ReAch at a regular meeting thereof held on the day of I 1 Y Mayan ATTEST: APPROVED AS TO FORMS 1 Mo i Y,......_..._. City Y Clerk � C. y f o r ww 1 1 i Then io „ . n eat xe bud eted bu °p_, j g t the funding is inadequate. for,'', cot ple4on a'sc'de 9igned.. ,' This is because of. the. , unanticipated high cost9;;of -piling reinforoerv.nt and new utility dines noted in, the RCA. 2. Total Costa A. Direct: $1,13, 984 in total interest paid -to' the: Coastal } Conservancy (at 81t amortized for '.tets-:,yeaxs) . $250'000 lent. to the City by ;the Coto orvancy. B. Indirect: Lose of earning capacity on•the $113 994 paid to the Conservancy. . 3. F,undinourca A. Funds: Coastal.Conservancy_$250,000 reconstk4ction loans City General Funda $113,984 for inte'ext on the j loan. B. Revenue Sources: Funds derived from the use of property (pier concessions) C. Alternative rwzding. Sources: None D. History: 01.-Aaervancy funds have been used ;i'or this aa irpBQe in the past and 'genorl, cunds, ;hova , b in sed to -pay the interest. This is the sam i t ' 1 REQUEST FOR -CITY COUNCIL ACTION'; Dates Su •tted to: Honorable Mayor and City Council Submitted b Charles W. Thompsot,, City Adminibtrata 0�'ED 8Y Gt;T Y' COUN CIL UNC1L Prepared by; Paul E. Cook, Director of Public Works % = "17i9 �r i End of Pier Cafe Subject: ✓, • CITY GLEM: 5'ql tov Statement of Issur3, Recommendation, Analysis, Funding Source, Altemaitlrree Actions, Atischmesnts: STATEMENT OF'ISSUE The plans and specif[cations for the End of the Pier Cafe are complete. Adequate funds are not available to complete: the project. t RECOMME14DATION: i. Approve the plans and specifications and authorize staff to solicit bids for construction. 2. Adopt the. Resolution requesting an additional loan amount of $250,000 from the California Coastal Conservancy. ANALYSIS: Jeffrey Gerrier, Architects, have completed the construction plans for the now pier cafe Fn accordance with the design approved by Council„ The: Coastal Commimlon permit for the plan has. also been received by the City. The project for reiniorcrment of the pier structure and addition of a boat lantliN ramp should be complete in a few weeks.. The total cost of the pier restoration project; including the contract, now nearingcompletion has been $705,050.00. Funds available are appru:;irnately S777,000.00. The amhite:ct's estimate for the new cafe Is $225,000.00. In addition to`the cote, a new sewer lift station must be provided at a cost of tabout $25,000;'a natured gut service at a cost of $20,000; new fire: IInc and sprinkler system at a cost, of $15,000; and upgrao�ng electrical a-arvice and construction of to mechanical service building to house; electrical panels at a cost; of 5,000.00. These cruet eestimate's total $3101000.00. The primary reason for the: considerable cast overrun was the expenditure of ' nearly $200,000 for reinfomeament of the pier structure to support the now cafe:. The City has negotiated a $150,000, 13%, ten year loan frcm the. Coastal Conservancy. Conservancy staff has indicated that they would present a regueat for an additional loan amount to their Board. FUNDING SOURCE: he source a Income for the project to this point har. been; Iiesuranca Reimbursement $4269610 CUB ange County Harl-cw, #4 and Reaches 200,000 Coastal Conservancy Loan 150 COD ,Ol Annual income from the pier corn essions tiers been approximately $70,000JOM 'n1a payments on _. the present loan will be $22,355.00. Paymc.*nts .on an additional i250100i1 loan would be about t37,300 annually. , j1 ✓tr ALTEi2NATLVEACiIONSt 1 ° 1. ,DecreevAe ando projerkscopof the o wtthlno yl '' remain icxj udc Getx:t-:ize 2 UtU1z.`�s;,• narai Fundy , ATTArHMEMTS Resolution Reque=icing Akitiona! Loan- Funding from the CaiIfarnie Coastal Conservancy , ,. .'. ,.' 1. ' •. - `.'.• '. CWT:PECsLE:jy I t , ± i '029;1g , I I • -•t is FISCAL iMPXCT STATEMENT END OF PIER CAF£. 1. a e,t Statius ; The; project;•is "budgeted" but, the funding is inadequate : far; completion as 'designed. This is because of', the unat�tfcfpsted high costs.of.piling'reinforcement and new utility lines noted in the RCA'. 2. Total.Cosis A. Direct: $1131981 in total interest.pald to,the(:':oaptr�l Conservancy (at OV anartized for tars'year,$). $250,000 lent to the City by the Conservancy.; B. Indirect; Loss of earningcapacity on the $113,954 paid P Y . to the Conservancy, 3. Funding Source A. Funds: Coastal Conservancy 5250, 000 `roconatructi•on loan; . City General, Funds $113, 9 8 4 for interest on the - loan . 1 B. Revenue Sources: Funds deri-ve'd from the use of property }; (Fier concessions) C. Alternative Funding Sources: None t ` Q. History: Conservancy funds have been used for, this purpose in the past and general funds "have bean used to pay the interest. . This ` is ` the Sam plan used to Finance ,a prior $150r00Q loan obrained from'the Conservancy, , • r a' , RESOLUTION NO.. 5477 A RESOLUTION "OF THE CITY'COUNCIL QF.; TIDE', CITY OF ' HUNTINGTON BEACH, REQUESTING ADDITIONAL CALIFORNIA COASTAL 'CONSER`IANCY FUNDING TO UP- GRADE THE CITY'S MUNICIPAL PIER WHEREAS, the California Coastal -Conservancy previously agreed,• to lend the City of Huntington Reach money, up to a Maximum of $150;000 to restore the municipal pier, damaged during 1983,winter storms; and The City of Huntington Beach:,has experienced severe cost over - I; runt in reinforcing the pier structure and upgrading its util`ft . 4 services, NOW, THEREFORE B£ IT RESOLVED b the Cit y } Council of the tit'. of Huntington Beach that. it does hereby request the -California:. Coastal Conservancy to grant an additional loan in the amount -of ; S250,000 for seinforcing,the structure And upgrading the utility services of the Huntington neach municipal pier, damaged during' } 1983 winter storms. PASSED AND ADOPTED by the City Council of the -City of Huntington. Beach at a regular meeting held on the,'17th, ,thereof i day of Derufriber 1984. ,.io ,yY �ts�: Irvine, CA 92714 We are returning your bid tsond whi,&h Your,propcsal for the construction Restaurant in the City of Hu-nt-ington was submitted with of the .Municipal Pier Beach # Project CC-655. The contract fox . this job was awarded to Construction Company of Long Beach. KrrapfIi We would like to take this'opportonity to thank yoc :7. interest in submitting a proposal. Alicia M. Wentworth City Clerk A -KW : b t Enclosure r you for z Not , t 200v iNAiU STREET 'CALI FORMA 976 8 .r OFFICE OF THE CITY CLINK , ,1 1: February 26, 1985 0ALity Construction Managers,'Inc. 10005-A Mui.rlands Parkway Irvine, CA 92718 �Z We art; returning your bid bond.: which was aubmi.tted with -your'proposal For the construction of the Municipal Pier s Restaurant in the City of Huntington Beach, Project'CC-665. The contract for this Jo' was awarded to aropflt 4 Construction Company of gong Beach. we would like to rake this opportunity to thank you For your interest in suboitting a proposal. Alicia M. Wentworth City Clerk M AM: b t Enclosure S r " . ,.�..-.,.r..� . ............,... _ .,4.. CITY OF HU'WIN C3N BE 1 +f e H102OW MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 26, 1985 Cavecche Engineering and +Construct ion Compatny # Inc. 4215'Katella Avenue Los Alamitos, CA 90720 We are returning your bid bond which was. submitted with goer proposal for •the construction of the 'Municipal PAec Restaurant in the City 1 of Huntington Reach, Project CCw665. The contract for this job was awarded to Kropflf -' Construction Company of t Long Beach. r We would like to take this opportunity to thank ` you for your interel st in submitting a proposal. Alicia M.-Wentworth .; City Clerk' AMW;bt } r.nclosure + r ,� br � ,; •� ,r • r 1, a 1 : 1 1 i•I ITEM! APPFCKD = ITM WrM UNIT PRICE LWIT No. Qtivrrm WPs"vM? IN WOE= i FFIC"E t Comtruct.i cxi Costs i awd on 180 CaLwcvtivu Days . S Uq3system Ccnstruct Pier Aastwrant (wit inrlu� costs of fixes sprinkler b gay lisle) p r luip sum Deductive Ai.t mlatives 1A urp Sun Delete F.im, � t t5�r3n}ck.r System ----` ;lump aur.. , �t f �,y'j,j I .' e• . AppwxJ vaE ., nV4 R17H Vi`JrT MCE Irdil'I '04 IN' WOM PRICE 7vrAi, ls, WT Sum____per Delete. Gas I,,ire b Ah[narxes lutp scats Construction Costs Based on 150 Consecutive Days construct Pier Restaurant' (not 2. I=p S1= include costs of fim sr)rir*ler system b gas line? .._..,.: per lump titan Dechsc�tive Alternatives 2A. LLxrp Sum Delete Fire sprinkler system 9Z6 r lunp sue Delete Gas Une b AWutaronoes 2B. Imp Sirtt .._...�.._. Jler l np Sum Construction Casts Bawd cn 124 Cormcutive Days Ccanstruct Pier Pastaurznt ,Oust 3. EAVP Sun include oasts of. fire sprier-ler & sy ten gas Urge) r� ......-Y'Mr lurp 5M ik'(�l�Ct.� ve A1t�2rt:.y.W9 3A. uozp 51ztt W _ _............... _.... _ _ .,.., ...........,.. Delete Fizz Sprirkler System ,. . lurp sUh �.,,. Delete Gas Line 6 A�. xtrtx}rutnCxys � Gt.IIf1 Imp °•,UrV .er I � sum - F 1 It is utdriptovd and that .the ap �ocima A quan*es shmm in the for ri 4_ FCapaau%aun solely for the dome of facilitating 'the � of bide u�d thatthe caltract cc a ooqmnsatic i will be omputed Lpm the baAia Of the act wi q4i iUtim in the cmpUted %=k, whether they be more or leas than those shm-n herein at tho unit pariom bid in the ptc"al ecWule. V's A %mderstauds the contract time limit allotted for the contract is 190 oanaecutive calendar days. If ; wii"A the aoa i tac'act, tiye undersigned hereby agrees to sign said `'contract tend furnish' the nommuzv bmdawithin ten (10) days of the me xd of udd mntrafit, and to b gi %cork within tm (101' days frcxm thedate of appromal of the contract by the City of Huntington Beach, W.ifournia. a unftmigned Me examined carefuUy the site of the work contmVIAted, the plans Wecilficatiomp and the proposal. and eon rx.t fczt=cn tlberefbr. Mie submi.ssim of a bid **U 'be coecloxive evidence that the budder has investigat al, and is satxs�- flad " to thra oca7ditioc�s to be enom%nt:= d, as to the c hanct er, quality, and scope of work to be , the quantities of iraterizls to be fvrni.A.'x�d, and as to the revirs"Mt. of the pr pmal., Plans, specifications, and the ocntract. k=WwWim this Pal a Bidder's Bond (s 10,E i .. NUTAM Insert the W=ds "Oub," "Certified Check," or "Bidder's Bond," as the case tasy be, in an U=mt equal to at I st 10 permant of the total bid price, payable to the City of Huntington Bosch. The urAersigrxd deposits the above mare security as a proporml panty and agrees that it 0alI be forfeited to the City of Huntington Beach as liquidate dsa gee in case this rzoposal is accepted by the City and the undersigned shall fail to execute a contract fcr doing said work and to furnish good asd sufficient bmds in the form net fcrth in the specifications and wantraet documents of tre City, with z=ety satisfactory to the City within 10 daya after the bidder b s re(>ivad urittJen t7otic of the award of the oont Tact; otherwise said security shall be rml=med bo Uo under- algrAd., Lao nmed 'in acx XdAl cn witr; an act prrn.-idi.ng for the rogintnat:ion of contract Lit,wme No. 1G3357 Kropfll Conntruatlean. Co. , Inc. ! Sicp+eiture of F3� &minim Address 79 Ximeno Avenue. 441 Beech, Cal. 9060; p1we of. &wjda-ce Lonr Beech , Cal,. Dated this 1 day of, February 19 85 Siddw sill almdly zaceipt of all ; dden a hare, if anyt A&iendm No. DotFA B_Ve.ivad 1'2 midder' a Signature W Or AMC= Wow ccbrplzm M E, ADIRM.S b P}KW NUMM c mn Fuel. in Port of Long Beach 210 . 211,1i5, o FacilSty �:ro rress 925 Harbor ,Dr. , Long Beach 4370 1 ' Bill Bertram ils *447, Of Fee 11ty 0/94 City of Long Beach (21,3)5906255 77 042.4(q O U;11 tY to �. a ore u a jd Trig 5 /94 U . c . flavy (213) 54i-7872 f►Ia i nt eta r.._._.. ......_...�.�..... .._._. 417,479.0 NuildinR 9/R3 Port of 4-cnF.r Beach 213)"37--0441 orage Bill Bert rar 2o9 ,?01.0 Factlit.y 2/83 City of Lanp- Beach (2 13),59b-612,.5 LO. Lint the Nara of the pers mi who bwdcted the Site of the' p&-qO9V4 wmk for your fit PH t e Ar_�1 t Vatae of Yn p&-. cn. 1-1. 2f re LMbad by the City, � balder shall furniWi a notarl2al fimrCi al stataftint f fi,nsrrial d�auj" or other informUm an-3 rafm-mrrms suff1dently vua rrha�nsive, to poradt an "Nixa l of his currant f,ixwv -31 =dttim. FL-4 PaI'IiN OFsiBcamAcTan, wow � 5 WME XND ADS t NUMBS L By sub .ssim of this pr%v a1, t2m c antramor certif,ics: 1. What to is ale to mid wiU perform tha baLu= off all mark whtch is oneracl in an a}o subcaonuactar listing 2. 7bat the City will be iumished .+cam;+�s of. ,all s b-wntrsct:s en' towd i iW and lacxKla fumishoi by abawitractao:: for thin project. 4 eta► y2�01 To the City of Huntington. Deach, Onp rtmnent of PutiflC Vlark The ►.nd�rsigned in s0mizt:ing a hid 'or pr:rtormil'+q thr. followi�mq :Ivos;( lay cantcrnc:, being duly svmrn, depnses and says: Thnt hp* has nnt, either directly or indirectly, enternri Jnto nn_e agrr:r-rlent, oarticipat:ed in any collusion, or nthn.r•.vise t.:,uen any ;etim in restraint nr frr.r! competAlve bidding in c--nnection wittl such contract. Long Beach, Cgllforniit Lone Beach, Cali fornIn - Mace of f?esidonca Kropfll construction Co.. Tnc'. Sdhsc:rib�3d ar,Q s{.,nrn tr, he fore ric r.!ri, n! rVjunry l3tiblic In and for ttie r.minty _'.f • l,�i. r'n•tu�t�s :1(j: frl:�lrr'. Y �'� . ., • 1 Ito